Batavia City Council

A streetscape plan for Bank Street in downtown Batavia is gradually coming to fruition, albeit with fewer carbs than what was originally on the menu, City Manager Rachael Tabelski says.

The “traffic calming and streetscape enhancements” that have been studied, surveyed, and even laid out visually for folks to check out more than a year ago along the section of Bank Street between Main Street and Alva Place have gone out for bid, with the lowest coming in at just over $1.1 million, Tabelski said during this week’s City Council meeting.

“Because of the cost measures, it’s very pared back. There will be curbing; I call it a road diet. There will be turning lanes as well,” Tabelski said. “As many of you are aware, the city was awarded a TAP grant to make improvements along Bank Street from Washington to Main. After public input, design and engineering, the project has been bid, the bidder was Keeler Construction. The TAP grant will pay $945,000 roughly, and the city can use CHIPs money for the remainder of the project for $548,000.

“The split is about $371,000 of engineering, $1.12 million of construction. This is a bit higher than we anticipated when we got the estimates for the project three and a half years ago. So we will be using more CHIPs funding than we originally anticipated,” she said. “We really don't want to delay this project in any way because with the police station finishing up, the YMCA finished, we want to get in there and do that sidewalk streetscape project to kind of finish that block. So we are recommending to move this forward.”

Keeler Construction Company of Albion's bid was $1,121,391.

Council President Eugene Jankowski Jr. asked about the original plans that included a crosswalk “in a weird location” that would have required pedestrians to cross twice to get across the street.

“So I’m just curious how they solved it?” he said.

“So we did a lot of deep dives into mid-block crossing. And if you think about any around the city, it's really the only place that has a crosswalk mid-block. This actually can be more dangerous to pedestrians and drivers because when you're on Jackson Street and I park my car and I'm going to go over to Bourbon and Burger, I wait and watch so it's clear and I cross to the store I'm going to,” Tabelski said. “So there was a lot of back and forth between public safety mid-block crossings and a crosswalk. So we will retain one crosswalk, and we will also, like I said, through the curb cut shrink the size of the street so cars will naturally have to go slower, and it will feel safer to make that mid-block crossing at any of the points across that street itself.”

The enhancements will include bump outs, curb extensions, bike lanes, re-striped lanes and on-street parking, new ADA-compliant sidewalks, and decorative crosswalks, according to a memo to council from Public Works Director Tom Phelps.

The bid is to go for a council vote during a future business meeting.

After years of trying to work with and around the city of Batavia’s residency requirements, City Council is considering a change beyond granting waivers as it has done for many past employees.

Assistant City Manager Erik Fix proposed revising the code for most departments during council’s conference meeting Monday evening.

“We formed a small committee of department heads, and we went back and forth many, many times. We spoke to multiple staff people in regards to this, and really, at the end of the day, it comes down to two simple things,” Fix said. “Number one, as the local law reads, the residency requirement requires you to reside in an adjacent town to the county of Genesee. So if your town touches Genesee, you can live there. The proposal changes that we're looking to make it any adjacent county. So there's seven adjacent counties to Genesee County, and it would allow us to recruit out of any of those counties, to bring folks here, hopefully at some point here, and do all that great stuff, but at least help fill out our own police force, DPW and other places.”

The second “change” is not actually a change at all, he said, after a review by the fire department Chief Josh Graham and his captains. They determined that recalling firefighters from outside the county for emergencies and after hours would be “extremely difficult,” so that department’s requirement will remain to be for any town within Genesee County, Fix said.

The positions of city manager and city clerk will continue to require city of Batavia residency, he said. The proposal is to go to the next business meeting for council to set a public hearing before an official vote on the revised code. The public hearing will be at 7 p.m. April 28 at City Hall.

City resident and regular meeting attendee John Roach said a few preemptive words during the public comments portion of Monday’s meeting. He encouraged council members to vote for the change of residency requirement.

“It’s obvious that the city has a problem attracting real, good candidates. They’re out there, but they don’t want to move,” Roach said. “I think the idea of changing it for everybody … it’s a great idea to expand the area. Times have changed.”

Section 22 of the city code for residency requirements would be revised for Local Law Number 3 of the year 2019 to include any “county” adjacent to the city of Batavia for every city department except fire, city manager and city clerk.

Fathead minnows as a source of municipal revenue.

Who knew? Well, those at the city of Batavia’s wastewater treatment facility apparently did, and a request for bids to harvest the little guys was reeled in by two takers.

The highest bid submitted by Ray Daniels, however, required a non-collusive bidding certification and that was not signed, City Attorney George Van Nest said Monday.

“Mr. Daniels wrote a letter complaining about not being awarded the bid. However, I corresponded with him and identified that two pages were required for the bid. First Page was the financial offer … The second was the non-collusive bidding form, which is required under General Municipal Law Section 103 P. He did not complete that when he submitted his bid; therefore, his bid cannot be considered," Van Nest said during City Council’s business meeting at City Hall. “Just want to make that clear for council.”

Council President Eugene Jankowski Jr. reiterated the attorney’s point that it’s “very important … to make sure that all paperwork is complete.”

“And maybe check with someone who knows how to do it to make sure you get it right because it’s unfortunate,” he said. “But technically, we can’t allow this.”

The next highest bidder was a A-1 Bait Supply of Niagara Falls, with a bid of $28,000 and the option of two additional years: years two at $30,000 and year three at $40,000.

Harvesting will occur at the wastewater treatment facility at 5 Treadeasy Ave. in Batavia.

Jankowski and Council member Bob Bialkowski lauded the sale. Bialkowski said the city invests a lot of money into the facility, including chemicals, treatments, and lime sludge removal.

“And we do get some return on the money,” he said. “I mean, this contract works just under $100,000 over three years. So it is a substantial amount of money to sell these.”

The minnows can end up as bait for sportsmen in the area, so “it gets recycled into recreation and various other activities for people even in the area,” Jankowski added. “So it’s kind of a nice cycle of events that take place to allow us to get some of the money back.”

City Council approved it with a unanimous yes vote from members Bob Bialkowski, Rich Richmond, Eugene Jankowski, Derek Geib, Kathy Briggs, David Twichell, Al McGinnis, and Tammy Schmidt. Council member Paul Viele was absent.

Previously: Batavia Wastewater Treatment Plant, one of city's hidden treasures

There was just one question before City Council voted on a lease agreement with Batavia Players Monday evening.

Has the group made any more payments since the last meeting, Councilman Bob Bialkowski said.

“Not that I’m aware of, no, but they’re working hard to make those catch-up payments,” City Manager Rachael Tabelski said during council’s meeting at City Hall. “I don’t have the exact balance but I believe they were down to $19,000.”

The lease renewal due in January was on hold due to back rent owed to the city by the nonprofit from Covid days when its Main St. 56 Theater was shut down. A newly drafted lease has been put in place and was up for a vote during the council’s business meeting.

This agreement is for Batavia Players to pay $4 per square foot plus back rent of at least $500 per month in an effort to move forward from an original lease in December 2019.

The commercial lease is for city properties 2, 35 and 39 in Batavia City Centre, including 11,052 square feet of “improved commercial space that was renovated by Batavia Players through a Downtown Revitalization Initiative and Anchor grant,” Tabelski had said in a memo to council. “Base rent will remain $4 per square foot to be paid $3,684 monthly. Back rent will be paid $500 per month or more until the balance is satisfied. 

"The lease also recognizes the city’s capital projects for the roof and HVAC units previously approved by City Council and clarifies how the Batavia Players shall submit requests for maintenance to the property,” she said.

Pizza boxes blowing against trees and styrofoam in the bushes are unsightly not only because they didn’t make trash pickup, Bruce Scofield says.

Those items that were put in residents’ recycling boxes are not recyclable, and it would be nice if they were better secured so as not to decorate the surrounding neighborhood and hurt the environment, he said.

"I have been in the garbage business for the past 23 years. I’m coming to speak to you tonight as a resident. I will offer my concerns as a resident. I will offer my advice as an owner of a garbage company, but by no means am I looking to steer business my way, other than to give insight into the garbage business,” Scofield said Monday during City Council’s conference meeting at City Hall. “My first concern is recycling in open containers. There is no reason this should be permitted in the city of Batavia; all recyclables should be placed in an enclosed container. Plastic bags are not recyclable, and if a resident puts their recyclables in a plastic bag the whole bag of recyclables gets trashed and not recycled.”

Scofield just opened his Scofield Transfer & Recycling pick-up business about a month and a half ago in the city. When he drives around on garbage pick-up days, “it is a mess,” he said. While people may think they are saving the environment by recycling, the materials that end up littering the streets and neighborhoods “can do more damage” than good, he said.  

“When paper or cardboard gets wet, guess what? It’s not recyclable. So, when it rains, that material becomes garbage – not recyclable. When the wind blows like it has in the past month that material now becomes garbage,” he said. “I don’t know how many times, on a windy day, I have had to pick up styrofoam products in my yard. Styrofoam isn’t recyclable. How about trees? I have never seen a tree grow a pizza box but, every garbage day, countless trees around the city have pizza boxes propped up against them. The funny thing is pizza boxes are not even recyclable. The problem with recycling is that people think they are doing the right thing but, in fact, they are not.”

He likens it to someone who eats a double cheeseburger with fries and adds a diet drink to offset the calories for a perceived net gain of zero. Subconsciously it may feel good but doesn’t actually accomplish the goal, he said. Same is true for recycling: it's a feel-good effort, however, recycle the wrong way, and the net gain is “a trashed city of Batavia, and you didn’t save the environment.”

He suggested that council provide stronger regulations for the garbage business, including for there to be only three pick-up days a week — Tuesday, Wednesday and Thursday — to alleviate the city from having garbage and recycling along the streets seven days a week; and that all materials be in enclosed containers.

Can and should the city be the one to initiate such a mandate to private business owners?
“I’m asking the city to hold residents to be more responsible about the garbage they produce and to hold garbage companies to a city standard,” he said. “Let’s make Batavia clean again. My home, just like most of yours, is an investment. I’m here to protect my investment.”

Will this cost residents more?
“You might say it could create economic hardship for residents if they have to buy sealed garbage totes. Require the garbage companies to provide totes to the residents,” he said. 

When garbage in bags is placed by the road, it blows into the road, gets hit by cars or plows, or snow piles up on it, he said. In the summer, animals and rodents break open bags. 

"Employees from the garbage companies won’t pick up garbage that’s scattered all over. Why should they?" he said. "We live in a beautiful city; why trash it? I ask again, why does it have to be that way?"

City Council President Eugene Jankowski Jr. said he had not heard about this issue before.

“First I heard of it. It's all news to me, and we've directed the city manager to look into it and provide us with more information. I like to gather as much information as I can before I make decisions. So I can't even comment on it right now because I need way more information than I have,” Jankowski said, adding that he has not heard from residents. “No. And I live in a neighborhood and I have my recycling bin does have a cover on it, so I didn't know that people were still acting without covers. First I heard of it, so we're going to look into it.” 

In the meantime, there are three basic rules, according to one recycling site online:

• Rule 1: Recycle bottles, cans, paper and cardboard.
• Rule 2: Keep food and liquid out of your recycling.
• Rule 3: No loose plastic bags and no bagged recyclables allowed.

Also on the “no” list are plastic wrap and film, flexible packaging, cups with wax or plastic coatings, polystyrene foam and plastic, dirty diapers, household items, medical or garage waste, tanglers that can wrap around equipment or endanger workers, such as water hoses. 

With $1 million more in expenses, an expected flat sales tax per the state comptroller and unstable revenue sources such as video lottery terminal money, the city should consider a tax cap override this year, Manager Rachael Tabelski says.

She talked Monday evening about the juxtaposition of raising the tax cap due to increased property assessments, even though the tax rate itself is to decrease by 50 cents per $1,000 assessed value.

“I believe the city has been extremely fiscally responsible in restraining tax hikes for our citizens, but keeping up with the inflationary demands of our expenses continues to remain challenging. This year, we face a million dollars of additional expenses for health care and retirement alone, as well as a nearly flat sales tax projection, so we need to rely on more revenue from other sources, including, in this case, property tax,” Tabelski said during City Council’s conference meeting at City Hall. "Obviously, the city needs to be careful and conservative in projecting our revenue, especially the sales tax, and find a balanced approach to raise enough money to support current services with our property tax while also using reserves, unassigned fund balance and other revenue sources to keep a healthy financial position. 

“Recently, the state comptroller's office was very vocal in advising municipalities to stay flat on your sales tax numbers because we didn't know what the economy was going to do with the new administration,” she said. “And it's only a few days in, and we're still finding out how quickly the economy will change and move.”

That tax cap is not absolute, she said and can be overridden by a vote of 60% of the local governing body. Because the tax cap “seldom actually equals 2%,”  it's extremely hard for governments to use this formula and remain under 2% while expenses for employees, wages, health care and retirement continue to grow, she said. 

“The only way that the tax cap is fair is if the tax cap actually equals the inflation rate, so therefore, it can keep up with the additional spending just to provide the same core services we do today,” she said. “Right now, inflation is three, three and a half percent. As you see, our general fund budget, as proposed at this time, increased by 2.6%, which is $600,000 over last year. Even with the override consideration, property tax owners will see a 50-cent decrease per $1,000 in their taxes this year. 

“At this time, I recommend the City Council move forward to schedule the tax cap override legislation to be considered at the February business meeting, and the legislation does call for a public hearing.”

A public hearing is to be set at the next business meeting on Feb. 10. On that date, the council is also expected to set hearings for the 2025 budget and both the proposed water and sewer rate increases.

Council also had its first budget session, at which Tabelski reviewed city data numbers for the $38.8 million total proposed 2025 financial plan and the municipality. These are the numbers that tell a story of decreased population from a high of 18,210 in 1960 to 15,596, according to the latest census, with males tipping over at 52% and females at nearly 48%.

The median age in the city is 40, and healthcare and social services jobs weigh in at a hefty 4,240, with manufacturing in second at 3,488 jobs, retail at 2,080, and public administration at 1,778. Healthcare was at its peak in 2022, with more than 6,000 jobs here, which fell to 4,186 a year later. 

The 64% white-collar and 35% blue-collar workers total 9,476 employees in Batavia, and more than half of the businesses — 54.96% — employ one to four people, followed by nearly 21% employing five to nine people, and the lowest of 2.36% having 100 or more employees under their roof. 

At least 34% of the population has obtained a high school degree, with more than 39% going on for an associate’s degree or higher.

Demographics aside, property owners are to pay a projected $8.46 per $1,000 assessed value, or $846 for a home assessed at $100,000, and a $50 decrease from last year if assessed property values remain the same. The current rate is $8.96 per $1,000.

Tabelski arrived at that decrease by pulling revenue from several other areas, including $526,000 from the unassigned fund balance, $310,000 from retirement reserves, a $300,000 water fund transfer and $250,000 departmental income. 

“You're basically saying that you're using a bunch of variety of funding sources to balance the budget so that we're not taking too much out of savings, and we're balancing it between the decrease and the reserves. So we're trying to get a little bit from everything to kind of balance it all out,” Council President Eugene Jankowski Jr. said. “Hopefully, we'll see more information in the next year, and we'll have a better prediction of how inflation is going to either level up or increase. We don't know yet, so right now, we're being cautious about funding. Correct?”

That’s right, Tabelski said, and if city officials could have raised sales tax, “we wouldn't have needed to have done the override.”

“Particularly if we could have had a flat year in health care and retirement, same thing, but those costs are essentially out of our control,” she said. 

It’s about trying to “rough it out,” Jankowski said. These calculations help.

“It’s not a huge savings, but it is a big savings, “ Jankowski said. “And I think that's where we should continue to work on is trying to keep that tax rate as low as possible, and even lower, if we can do that extra with good sales tax and possible, the governor increasing the AIM aid on a permanent basis instead of throwing a little out here and there. 

"I just think it’s amazing this is the lowest tax rate we’ve had in 17 years,” he said. “It’s nice to see that even though inflation is going up.”

Water rates are to increase by 1% or 6 cents to $6.52 per 1,000 gallons and sewer by 3% or 9 cents to $3.23 per 1,000 gallons. An average family of four can expect to pay about $850 to $900 a year, including meter and capital improvement fees, Tabelski said. That does depend on consumption at the property and a home with no leaks, she said.

Police and fire expenses make up 47% of the budget, Tabelski said, and with healthcare, it's more than 55%. Property taxes go toward services, including police and fire response to emergencies 24 hours a day and for similar responses from the public works department, she said. Taxes also go for repair and replacement of infrastructure, including streets, sidewalks, parks, water and sewer plant and lines, storm sewer and parking lots, and investing in economic, business, job, housing and community development, plus maintenance of street lights. 

Given the close proximity that homes were built to one another at one time, Jankowski is grateful to have a paid fire department nearby, he said. 

“It's important to have a fire department that can respond very quickly, or else, my house goes up when my neighbor’s house goes up and the next neighbor, but you end up in a chain reaction kind of thing. So that good response time, I think you said you're approximately three to four minutes … when I had the experience of my neighbor's house was on fire, and it was a dramatic one years ago, it's nice to have the fire department there very quickly to bring it under control and contain it,” he said. “I mean, we're an old-style city, so everything nowadays, they spread things out. But that's important. Same thing with police and fire police as well. I think a lot of people I talk to when they live in the city, kind of expect a paid fire department, a paid police department, DPW, actively involved, because it's just the nature of the business of having that many people in a small area. 

“So I think it's important that that's why Council focuses on public safety, police, fire, DPW, those are our core funding. So for our tax base, that's what people want. They want their infrastructure, want their police, they want their fire,” he said. “So that's the feedback I'm getting. So that's where we've kept our focus, and we're not looking for pet projects here and there that maybe would cost a lot of money to try to stay focused on.”

The next budget session will include a review of the fire department, general government and administrative expenses. It’s set for 5 p.m. Feb. 4 at City Hall. 

When she suggested that the city of Batavia could lower its tax rate by 50 cents earlier this week, City Manager Rachael Tabelski reserved other aspects of her proposed 2026 budget for more formal discussions, including the biggest expenses, utility increases of $300 a year for an average family, and being able to maintain a same level of services.

UPDATE 1/18/25: Tabelski said on Saturday that the 2024 estimated water and sewer total of $600 that she provided was incorrect and did not include meter and capital improvement fees. That number should have been $850, making this year’s increase about $50 for a family of four.

City Council has agreed to a budget workshop schedule that is to begin Jan. 27. However, Tabelski agreed to review the $22.4 million general fund budget Friday, the first time she had done so before council workshops began, she said. 

What are some key takeaways?  
Two drivers of budget expenses are a $628,000 increase in health insurance costs and about $400,000 more in retirement fees, she said. 

The unassigned fund balance is at a healthy 21% level, which is close enough to the ideal percentage of 25%, she said. As a result, Tabelski is suggesting moving $526,000 from that fund balance into the general fund revenue to help balance it out with expenses. 

The property tax levy is expected to be $7.2 million from a total taxable assessed value that increased by $102 million from this last year, she said, and a flat sales tax to be at $7.8 million.

“We typically do not see an increase in value like this in the city of Batavia. Not only have residential property sales and comps and the hot seller's market contributed to this increase but so has the reassessment of commercial properties that have done work and added to their value. So we're seeing the economic development strategies starting to actually add value to the overall assessment,” she said. “And when we add new assessment, especially in our commercial buildings, we're spreading out the tax payments across the community and across the residential properties as well. So the point being, it's always great to add value, especially in commercial buildings to your city.” 

In 2017, the city started tracking all of the projects being managed by the private sector, in addition to what was being tracked in the public sector, “and we've had over 152 million in completed projects, 30 million right now under construction, and another 70 million planned by 2028,” she said. 

“So again, the investment in the private sector projects will equate to increased tax base over time,” she said.

Video lottery terminal revenue is not being used because there is no guarantee from year to year that the city will receive this aid and how much it will get, she said. The recent yearly amount has been $440,000.

Major expenses include $10.5 million for public safety, $5.1 million for public works, $4.9 million for health care, $2.9 million for retirement, $1.2 million for street and sidewalk repair and replacements; $540,000 of capital costs — vehicles, buildings, and parking lots/sport court resurfacing; and $1 million being put away in reserve to pay the first bond payment for a new city police facility when that time comes.

“The goal is to not let our debt payment affect the taxpayers,” she said. 

The city’s debt service, paying off prior purchases, still includes construction of City Hall, a fire truck, water project, and now the $15.5 million police station will get added to the list.

The property tax rate may decrease by 50 cents per $1,000, which would mean a rate of $8.46 per $1,000 assessed value, or a savings of $50 a year on a home assessed at $100,000 if assessments are stable from last year.

Tabelski has proposed water and sewer rate increases. A 1% water increase would add 6 cents per 1,000 gallons, and a 3% sewer rate increase would tack on 9 cents per 1,000 gallons. A family of four can expect its total annual bill to be about $900, she said, including water, sewer, and the meters and capital improvement fee (which are not slated for an increase).

In 2024, she estimated that the family of four’s total would be $149 per quarter, or a total of $600, making this new water and sewer bill $225 a quarter, or $300 more per year.  

In an inflationary world, with rising labor, supplies, and materials costs, “the city will need to continue to prepare for economic unpredictability and continue to invest in infrastructure and safety for our citizens,” Tableksi said in her budget message.

In order to do that, priority must be placed on security, health, and safety of city employees and residents, she said.

Speaking of infrastructure
More than $4 1/2 million has been invested into the water plant to “keep it going for the next, we’d say, 15 years,” she said.

“We’re about 85% done with the projects inside of that. We again partnered with the county with Phase Three moving forward of the water project, we still see the plant being able to continue to produce water with these investments for about the next 15 years. And then, if we need to continue to use the plant, we’ll have to look at more investments,” she said. The wastewater treatment plant, we're planning for multiple projects, including sludge removal, some bypass systems. Our wastewater plant is one of the most unique systems east of the Mississippi. There's no other plant like it in New York. It's a fully biological system, unlike all other wastewater plants in New York, which are chemical systems.”

The new ice rink chiller system will be installed once the season is over this spring, the Bank Street streetscape project will continue this summer, another main Cohocton and Walnut water project bid has just been awarded for a spring construction start, and the Austin Park playground has been delayed due to New York State parks legal easement language that had to be inserted into the documents since grant money is tied to that project, she said. 

Street and sidewalk resurfacing and replacement is scheduled in this budget for Kingsbury, Watson, Morton, Ganson, South Spruce and Union Square, using $900,000 of consolidated highway improvement program (CHIPs) funds and two parking lot mill and repavings near City Centre.

There will be a tree removal and planting project to add 1,000 trees to the city’s urban forest over the next three years, mainly in the Fifth and Sixth wards, with a portion also in the Second Ward, she said.

The first budget session is set for 6 p.m. Jan. 27 at City Hall. 

To view the proposed 2025-26 budget, go HERE.

During the first city meeting of the New Year, Manager Rachael Tabelski threw down a gauntlet of sorts about the impending budget before the usual departmental requests and line-by-line reviews by City Council.

“We’re looking to lower the rate by 50 cents,” she said at this week’s council meeting, clarifying that it’s 50 cents per $1,000 assessed value.

If council follows through with that recommendation, with no changes to property assessments, the tax rate would go from $8.96 to $8.46 per $1,000 assessed value, or $846 a year. That would be a $50 yearly decrease from the current tax rate at the same property valuation.  

There are five budget sessions lined up before council is to adopt a final version, and a public hearing will be scheduled for questions and comments from city residents. 

City leaders agreed to alter the meeting schedule so that when there are both council and budget meetings on the same dates, the council meeting will be at 5 p.m., followed by a budget session at 6 p.m.

The schedule is as follows:

• City Council meeting at 5 p.m., followed by budget revenue discussion at 6 p.m. Jan. 27
• Budget work session at 6 p.m. Feb. 4 to discuss fire, general government and administrative
• Budget work session at 6 p.m. Feb. 6 to discuss police and DPW
• City Council at 5 p.m., followed by budget work session at 6 p.m. Feb. 10 to discuss water and wastewater
• Budget work session at 6 p.m. Feb 13 if needed

A call was put out Sunday for members of Batavia Players to rally together and attend Monday’s City Council conference session to support Norm Argulsky and Jo Coburn as they spoke on behalf of the nonprofit.

The two members wanted council to know how much the organization means, not only to Batavia Players themselves, but also to area businesses and the community at large, in light of financial troubles and owing the city back rent, Coburn says.

“I just want everyone on council … to see all the other positive things in the community that we do. We do a lot, I don’t think everybody realizes it. We are involved in every bit of it,” Coburn said after the meeting. “We’re just asking for more time to bounce back. We are just getting known on Main Street. It’s not that we don’t want to pay it. We’re limited in the ways we can raise money.”

The Players have paid $160,000 in rent from 2020 to 2023, however, during the COVID-19 pandemic, the theater was shut down and they were unable to perform and therefore unable to make money, she said. So they fell behind in rent. 

“We’ve been in discussions with the city since November about rent renewal and repairs,” she said. “It came to our attention that maybe not everyone on council has the information about what we do.”

The city had asked Batavia Players for a five-year financial projections plan, and one was submitted without enough detail, Coburn said. Another one is being drafted to include more of what happens at the theater — newly built and celebrated at Batavia City Centre — such as open mic nights, civic organization meetings, education sessions, dance recitals, college productions, stage combat lessons, the recent Hometown Christmas festivities, a scavenger hunt collaborating with other city businesses, Halloween trick-or-treating and tours, and live performances.

About eight members of the Players, including their attorney Ted Graney, showed up to the council meeting. “We just want the city to know how deep the support goes,” Coburn said.

She understands the city’s position, and officials have been patient and supportive, she said. She hopes that they will “please continue so that we can be the flagship live performance” venue for downtown. She doesn’t want it to get contentious and hopes that both sides can work something out, including leaks that have erupted from the green room ceiling. 

Batavia Players will be celebrating a 100-year existence in 2032, Argulsky said, and Batavia is "very, very luck to have a group" like it that performs 12 productions a year and brings a "cultural-plus" to the city.

The Players can only raise so much money and sell so many tickets, though, he said, and it's quite an expensive endeavor to operate a theater, and he wanted city leaders to keep that in mind. He and his fellow troupe members hope a friendly solution can be found. They are having a fundraiser specifically to raise $25,000 for the back rent through donations and sponsorships.

City Manager Rachael Tabelski said that the theater owes approximately $27,000 in back rent. The Batavian asked what the city's next steps would be, and if it would take legal action against the organization. 

 “We are awaiting an executive summary and five-year financial projections of the Players' plan moving forward,” she said.

City Council members said they have nothing against the theater, but that there are expenses involved in operating City Centre and unpaid bills fall on taxpayers to cover. 

City resident and longtime fiscal conservative John Roach took City Council on a trip down building demo lane Monday when he asked that the leaders keep in mind a prior project that didn’t progress as promised when looking again to put grant money into a dilapidated city complex.

Roach was the lone speaker during a public hearing about pursuing a Restore NY grant to address six buildings within the Harvester Center complex on the east side of the city.

“I don’t mind the idea of the grant. It’s probably not the worst idea in the world. I would like some reassurance that we’ll watch this real, real careful," Roach said. "We once before helped out the Harvester complex when it was owned by somebody else. The city helped get grant money and they ripped down Masse Mall. At that time, we were told that if you took down the old Masse Mall, business would move in that area. Some of the buildings had some new fronts put on, business didn’t really move.” 

He said he would like some assurance that the current Harvester owners do something more with grant money than just demolish buildings that aren't code-compliant. 

"Again, Masse Mall, the last time, it wasn’t too reassuring that this won’t happen again when we just help somebody out, get rid of some buildings, and nothing else happens.”

It was 15 years ago that Tom Mancuso, president of Mancuso Development, was lauded for the state-funded $1.5 million grant to advance his Masse Gateway project. Designed as an entrance off of Masse Place into the Harvester industrial complex, the project demolished old buildings and erected space suitable for light industrial and commercial use for small businesses. 

As money was spent and work began, there was the groundbreaking fanfare and visionary dreams of an entire entrepreneurial cluster in that area. Creamy Creations was the first client to move in, followed by Merrill Lynch in 2012. At some point, Creamy Creations moved out and now has a Batavia address at 5 Jackson St.

Masse Place is listed for lease, but, as Roach said, “business didn’t really move.”

The Harvester complex and two Masse Place facilities were sold in June 2021 to John F. Wachter Jr. and John F. Wachter III of New Jersey.

With goals to improve the east side business climate, revitalize a deteriorating Harvester Center in need of rehab and renovation and increase the city’s tax base, City Manager Rachael Tabelski has now recommended that City Council agree to submit a grant application for up to $1 million. The Restore NY grant is available for communities with populations less than 40,000.

Another city resident, John Ognibene, wrote a letter opposing the use of a grant to demolish buildings to install parking lots.

“I believe that City Council should vote down the application for the NY Restore grant for the Harvester Center … I believe there are many alternatives that could be used instead of tearing down buildings,” he said. “Batavia has a long history of tearing down old historic buildings for parking lots and a decaying mall.”

Ognibene, who is also a member of the city’s Planning & Development Committee, suggested that the Harvester complex be submitted for the state and national registry of historic sites, which would make the rehab work “eligible for historic tax credits,” he said. 

He’d like to see the back of the building converted into apartments and townhouses, an easy conversion into “a mix of market rate apartments and affordable apartments if done correctly. " Another suggestion was to amend the city zoning laws to allow a full-service restaurant to operate.

“If the City Council votes to approve the application for Restore NY, then you are sending a clear message to building owners that you can let your buildings deteriorate, and we will give you a grant to tear down the buildings,” Ognibene said. “I have no problem with the Harvester Center getting a Restore NY grant, but it should 100% not be used for tearing down any buildings. It should be to restore the site back to its former glory.”

Tabelski laid out the two-pronged plan for the Harvester Avenue complex.

“So the owner of the Harvester campus that was purchased a few years ago has been cited for multiple buildings that do need to come down for unsafe conditions. Separately, he's working with the economic development arm of the city with Tammy Hathaway, and this grant came up as an opportunity,” Tabelski said. “So there's two totally separate actions occurring. One is city code enforcement is working with the owner to cite large unsafe structures, and then conversely, we have the BDC working with the owner on redevelopment plans, one of which would include demolition of certain buildings that happen to also be mentioned in the code.

“The potential cost for the project isn't completely finalized, but it will be between $8 and $12 million for demolition of these buildings. As you may know, the Harvester campus is 29 acres, a million square feet of building, mostly which housed manufacturing. Some of the buildings are still being used as incubator space, mainly in building one in the front and the yellow building 19 houses Merrill Lynch,” she said. “But there's a lot of the campus that's underutilized or unutilized, and we see a lot of potential there. So, the application consists of the campus owners’ plan to demolish six buildings. The six buildings are listed here as buildings, four, five, 21, 20, 13, and eight … And when we cite them, we're not saying they have to be demolished, they need a structural engineering report to make a determination whether you're going to rehab it or demolish it. So we're moving that forward. And this would come to the next business meeting on Dec. 9.”

Council agreed to move the grant application to a vote at its next business meeting on Dec. 9.

With goals to improve the east side business climate, revitalize a deteriorating Harvester Center in need of rehab and renovation and increase the city’s tax base, City Manager Rachael Tabelski has recommended that City Council agree to submit a grant application for up to $1 million.

The Restore NY grant is available for communities with populations less than 40,000 and requires a public hearing, which has been set for 7 p.m. Monday in Council Chambers, second floor, City Hall.

“The Harvester Campus project qualifies for Restore NY funding for an extensive demolition project,” Tabelski said in a memo to council. “The owners of the Harvester Campus are looking to strategically demolish six buildings at the campus and commit to redeveloping the remaining buildings into a multi-use campus similar to Larkinville in Buffalo.

“Some of the buildings slated for demolition have been cited by the city as unsafe, and in need of demolition. Removal of these buildings will offer additional parking, lighting and green space to support the remaining buildings, businesses and future redevelopment on the campus.”

Larkinville is a collection of businesses, new apartment buildings and public spaces along Seneca Street in the southeast section of downtown Buffalo and has been promoted as “one of the city’s most impressive transformations.”

Where once sat empty warehouses and vacant parcels, the space now accommodates weekly concerts, food truck rodeos, beer gardens, breweries and distilleries.  

Harvester Center has struggled to hold onto certain businesses, losing three eateries, a coffee shop, and a children’s entertainment and adults’ fitness venue in the past year or so.

The Restore NY grant project meets several objectives, according to the resolution, including:

• Being consistent with the city of Batavia Comprehensive Plan, Downtown Revitalization Initiative, Strategic Investment Plan, and Brownfield Opportunity Area Plan.
• Facilitating effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources.
• Developing and enhancing infrastructure and/or other facilities in a manner that will attract, create and sustain employment opportunities where applicable.

The hearing is part of a council conference session that also includes time for public comments and discussion about a $1.85 million Restore NY grant for the Carr’s Reborn project at 105 Main St.; taking out a bond for $2.5 million for water meters and installation; a sidewalk improvement project paid for with a $1.4 million grant; and a request from Tabelski to add a building maintenance worker to public works personnel.

Byron Brown had his facts and figures at the ready for a meet-and-greet with Genesee County and city municipal leaders Thursday, a quality that didn’t go unnoticed as he answered questions and gave well-polished objectives for the future of Batavia Downs.

The newly hired president and CEO was, in a word, “comfortable,” Legislative Chairwoman Shelley Stein said.

“So this is my first time in meeting Mr. Brown, and I believe that he was well prepared. He had his facts, and his numbers absolutely spot on," Stein said after the 50-minute meeting in courthouse chambers. "And the fact that he prepared for us in such a way, I think, speaks volumes about his willingness to be part of a community here in Genesee County and that he will value the host that we are, our city, our town and our county." 

During the session, Stein asked Brown about the revenue that is typically distributed from Batavia Downs to 17 municipalities, including Genesee County. She noted that since the hiring of him and Steven Casey, chief administrative officer and Director of Communications Michael DeGeorge, those three salaries add up to more than the revenue from video lottery terminal money for Genesee County in a year. “That money has already been spent,” she said.

“So I'm sure that that's a conversation that we will continue to have going forward, as I think there were too many questions at the same time coming, but we'll continue that with our board member, Mr. Zambito, and we will continue to probe and push on that because the work of the last three years with (former CEO) Henry Wojtaszek have just been stacked on top of each other,” she said. “Really, nice growth stats, and we've enjoyed those, and it helps our taxpayers here in Genesee County. He's got big shoes to fill, and we're going to give him room to do that, but we also want him to know that we're paying attention.”

As for paying, those first year salaries are $295,000 for Brown, $190,000 for Casey and $130,000 for DeGeorge for a total of $615,000.

Chuck Zambito is on the Western Regional Off-Track Betting board as a representative of and liaison to Genesee County. 

“It’s a great corporation,” Zambito said. “The gaming industry is changing every day. Our goal is to make the corporation better, stronger and more profitable.”

After introductions of each legislator, council member and Brown’s team, Brown parlayed some numbers into talking points for his new missive as the new leader of the Park Road enterprise. He reviewed some of his resume, including having been a member of Buffalo City Council, three terms in the state Senate and most recently as mayor for five terms, earning title to being "the longest serving mayor in the history of the city," he said.

“And one of the things that attracted me to this position is the revenue that it provides to 17 member municipalities in Western New York,” he said. “I thought that that was critically important, and wanted to be able to not only protect the revenues that are provided but to try to grow the revenues that are provided to the 17 member municipalities.”

Since OTB was established in 1974, the gaming facility has provided more than $260 million to those 17 municipalities, he said, with more than $13 million going to Genesee County.

“From my perspective, as former mayor of the City of Buffalo, I think that these revenues are important to the municipalities that receive them, so my new and existing management team will be working to preserve and to grow revenues. I also know here in Genesee County and in the city and town, it is important that this organization continue to be successful and profitable," he said. "It is an important employment source for this community, and we certainly ought to make sure that those employment opportunities are protected and preserved. 

"And if we can grow for the folks that live in this part of our state, obviously with the property, with the corporation being physically located in Genesee County, the majority of the employees at Western Regional Off-Track Betting Corporation reside in Genesee County," he said. "And so, this is a large employer, over 430 employees, and my focus with the management team and certainly the board of directors will be to protect the employment base, to grow the employment base, and to continue to provide revenues for this community and the other municipalities that derive revenues from OTB.”

County Legislator Marianne Clattenburg asked if Brown was keeping public safety in mind as the track backs up to city neighborhoods, and “the track has always been safe,” she said.

“Public safety will definitely be a priority of mine. My record in public service is one of being a strong supporter of public safety, law enforcement, and fire service. When I was in the New York State Senate, I had a very close relationship with the State Police. Certainly, as mayor of the City of Buffalo, I worked very closely with our police department, one of the largest municipal police departments in the state of New York, outside of New York City, actually the second largest police department, and enjoy strong support from deputy sheriffs in Erie County, Buffalo Police Officers, New York State Police," he said. "And in any community, public safety is critically important. Legislator Deleo is one of our security officers at the property. They do a very good job on the property. We also have a relationship with the Sheriff's Department, which certainly will continue. 

"Yesterday … many people from Batavia Downs attended the road dedication for Sergeant Sanfratello, and it just brought back to me how important public safety is," he said. "That certainly was a tragedy that occurred, and we will be working very closely with law enforcement, very closely with our security officers, to make sure that on the property, in the property, around the property, we are maintaining a safe environment.”

Legislator John Deleo added, “Batavia Downs is one of our polished diamonds, and I hope it continues to shine.” He also expressed concern about “whether we’re on parity now” or if more was going to the state. “If we’re not, I hope that you can break this situation and keep the money home.”

“That is a great point; we are not at parity right now,” Brown said. “That is part of our legislative agenda. As a former state senator, I served on the Gaming, Racing and Wagering Committee in the New York State Senate, so I have familiarity with the operation of that committee. We will be very focused, very aggressive in pursuing the legislative agenda that the board has established for us,” he said. “That certainly is one of the items in the legislative agenda and we have been formulating our strategies so that we can hit the ground running when the legislature goes back into session in January.”

The legislative process is one where relationships are “critically important,” he said, and he believes that his background and that of his team are keys to opening more doors of the process, at least to “be able to get in the door and have a conversation about the things that are important to WROTB … and to Genesee County,” he said.

“One of the issues that we're really zeroing in on is the tax rate and getting parity. We have a higher tax rate than other properties, and we want to make the case to the state that it made sense to bring us into parity with other properties, not only because it would make Western Regional Off-Track Betting more financially profitable but it would also produce greater revenue to the 17 member municipalities, and that will strengthen 17 municipalities in Western New York, including Genesee County,” Brown said. “One of the things that I have learned in government is there are threats that are seen and threats that are unseen. We will be paying close attention, and we will be very plugged into what's happening in Albany so that we can stay ahead of the curve. We don't want to find things out after they've already happened to us; we want to know what's happening before threats arise and try to pick those things off before it's too late to do anything to prevent them. So that will be our approach. Legislatively, we're going to be very active in Albany.” 

City Councilman Bob Bialkowski said that some city residents have complained about the noise levels and timing of concerts — continuing later at night past city ordinance — and Brown said he is “a stickler for the rules.” He offered to meet with neighbors to hear about issues when necessary.

“We don’t want a growing, thriving business and a declining community,” he said. “If a concert is supposed to end at a certain time, it will end at that time.”

Another goal is a potential hotel expansion, which the board has already been exploring. A property should at least be refreshed every seven to 10 years, he said, to continue a strong patronage of the hotel.

“The hotel is one of the, if not the, most successful in the region,” he said. “We have been able to improve the quality of the three restaurants and have been getting good reviews. That keeps people coming back.”

He referred to a Downs commercial and said that he’s had to practice the tagline “over and over,” predicting he might just show up in one of the promotions sometime: "You’re not going to just like coming here, you’re going to love coming here,” he said, really punching his voice on the love.

“We plan on being very visible, not just in the property, but very visible in the community as well. And I have a history of extensive community engagement in the different government offices that I have been in,” he said. “One of the things that I took real pride in is getting out with the people, getting out into the community, and building strong relationships with the community.”

Council President Eugene Jankowski Jr. had shared concerns about times when VLT money was withheld at the state level, which caused financial stress for the city. Brown said he would “certainly work to help with that” and that it’s part of the mission to strengthen and grow the corporation, as it was when he was mayor working with the Seneca Nation and its casino. There were times when expected monies did not come, he said, and he was urged to give up, but “we stayed plugged in” to the governor’s office and the Senate Commission, and the situation eventually turned for the better. 

“We hope to be very articulate about the needs of the corporation and the needs of the surrounding local community, and we will be a voice with you in expressing the needs of the community to our legislators and to our governor,” he said. 

Jankowski appreciated the meeting and Brown’s words, he said. 

“And I'm confident that he has all the skills he needs and the intentions to do a really good job in Genesee County. I liked his answers to our questions. He seems very thorough, he seems very well thought out. And I think he has a really good plan, and I'm looking forward to seeing what he can do with the Batavia Downs,” Jankowski said. “He obviously has no control over (VLT distribution), but as someone who's actually working at the downs and may have input in that decision, I'm confident that he will go to bat for our county and try to keep us in the loop as far as continued payouts and so on, so that our budget is able to keep up with the rising costs of a lot of things. We look forward to that VLT money to help us through that. So I think he realized how important that was to us, and I think he's going to do his best to help us out with that.”
 

With some 80 firefighters, including nearly all of the city fire department’s team, city management, public works, and eight responding fire companies plus Genesee County Emergency Management, the Howard Street fire on the city’s Southside this past weekend gave pause for officials and spectators alike, City Council President Eugene Jankowski says.

Considered to be the city’s largest structure fire in recent years, the blaze at Baskin Livstock was reported early Saturday morning, and city firefighters are still hitting hot spots, Chief Josh Graham said. Jankowski noted this week that social media posts pointed to the collective response and teamwork throughout the work to get the fire under control and out.

“Somebody commented on social media and said that you must train a lot together, because everybody seems so cohesive, all the different fire units over there all seem to really work well together. And I know we have a really good emergency management as it is, but that's a good side. And everybody was working together and getting the job done,” Jankowski said during Tuesday’s business meeting at City Hall. “It was a big fire, and it was nice to see everybody working together, as they always have, but other people … they seemed shocked when they mentioned it was interesting to see that everybody was working together.”

“Everybody” included fire companies from the town of Batavia, Elba, East Pembroke, Bergen, Le Roy, Stafford, Albion and Alexander, which covered 10 additional incidents in the city on Saturday, Graham said. 

The city manager and assistant manager brought food and refreshments to the firefighters at the scene and DPW Director Tom Phelps was also called into assist with water needs. He tallied the gallons of water required to help battle the blaze from the city water and wastewater system.

“We were pumping out about 2.6 million when the fire came in, then we were at 3 million,” Phelps said, adding that the water volume was increased to 3.5 million gallons and ended at about 4 million when the fire was at full momentum. There were repairs to waterlines in the area, which includes nearby Graham Manufacturing, in the last three to six months, he said.

“That's something I never would have thought of, that the water sewer plant would have had to be brought into this and have somebody there to be able to adjust the water supply, because I just never thought of it,” Jankowski said. “So it's important that we have those things in place. We thank you for all coming down on a Saturday. I mean, people could have been out of town, could have been anywhere else ... everybody was able to get in. Good work on that.”

Given the proximity of Graham’s property, the situation could have been worse, but the site only suffered some melting plastic and was saved from more extensive damage and loss, Graham said. There were still some hot spots that city firefighters were continuing to monitor and put out at least through Wednesday, he said. 

He has not named a cause of the fire as it is still being investigated, and the site's insurance company has been at the scene, he said.

Anyone who has walked or cycled down a city street may have experienced some trepidation when dealing with automobile traffic on major routes and wished there were more options for pedestrians and bicyclists to get from home to shopping, recreation, work and appointments.

City management is hoping to do just that with a citywide transportation study, with the eventual goal of improving transportation options and safety for people who use modes of transportation other than motorized vehicles. 

City Council has tentatively approved the study for $80,000, which will be paid for with a $70,000 federal grant and $10,000 from the city, and City Manager Rachael Tabelski briefed council members about the study during this week’s conference session.

“The corridors we've identified that we really want to focus on include downtown Batavia, the Uptown Connection, which would be connecting transportation options from downtown to the Harvester campus, the Healthy Living triangle that connects the McCarthy Ice Arena, Austin Park and Ellicott Trail with the newly constructed Healthy Living campus, improving the Ellicott Street corridor — that's one of our main focuses of the study is to look at the traffic in that corridor and look at any type of traffic calming measures that help it help pedestrians and bicyclists feel safer in the Ellicott Street corridor — the West Side commercial corridor, and then parks and recreation areas and how they connect to neighborhoods,” Tabelski said. “So those would be the goals and the focus of the study. Once the study is done, you can then apply for grant funds using the study in the future.”

The city has been awarded a $70,000 grant from the Genesee Transportation Council. It will match the funding with $10,000 of committed funds and establish a steering committee to work with a consultant to complete the project.

The study will identify opportunities for enhanced connectivity between neighborhoods, reduce reliance on single-occupancy vehicles, and ensure that all residents, including those in underserved areas, have access to safe and efficient active transportation options, according to the plan. It will also aim to bolster the use of non-motorized transportation, such as walking, cycling, and multi-modal transportation options, which align with the goals of the city’s 2017 Comprehensive Plan.

The city has already made progress on improving pedestrian and bicycle infrastructure through various initiatives, Tabelski said, including the Transportation Enhancements/Alternatives Program, Healthy Schools Corridor, approximately $5 million in sidewalk investments over the past decade, and the creation of the Ellicott Trail that winds throughout the city. However, officials believe there remains a need to identify and implement further improvements to create a more connected and accessible transportation network and a healthy living corridor.

Once the final plan is adopted, it should provide a framework that will help the city achieve the following:

Create a citywide transportation plan as a guide for implementing and enhancing safety, access, and connectivity for all modes of transportation.

Provide opportunities to promote healthier, more active lifestyles for city residents by improving mobility and connections to jobs, shopping, and recreation in the downtown area, focusing on the "Healthy Living Triangle."

Improve access to the South side of Batavia through improvements to the Ellicott Street corridor, including pedestrian and bicycle infrastructure.

Connecting downtown, Ellicott Street/Ellicott Trail and the Uptown corridor (Harvester Street and Swan Street) will improve walkability, access to businesses, arts and culture, and create a feeling of safety for pedestrians and bicyclists.

Reduce the risk of traffic accidents on major routes within the city.

There are several projects underway that will have an impact on transportation in Batavia, city management says, including:

Ellicott Street Corridor -- a key route through Batavia that connects Routes 63 and 5 -- had a major overhaul several years ago to make it a two-lane highway for trucker traffic and seemed to hamper much of the traffic entering from side streets, is in need of improvement to better connect neighborhoods, key destinations, and the growing pedestrian and cyclist traffic. 

Ellicott Trail, a multi-use path that runs through the corridor, requires upgrades to enhance safety and accessibility for non-motorized users. Additional housing developments and mixed-use projects have added affordable and market-rate housing units, increasing pedestrian and bike traffic. With 38% of traffic consisting of light trucks and an active rail line crossing near downtown, the corridor faces significant challenges.

Planned upgrades will focus on improving traffic flow, ensuring pedestrian and cyclist safety, reducing speed, exploring traffic-calming measures, improving crossings, and improving signage. 

Environmental Justice and equity: the city is home to several environmental justice block groups, and the demographic composition underscores the importance of making the transportation system more accessible, inclusive and safe for all residents, especially the Ellicott Street Corridor. The transportation plan will focus on addressing the needs of these vulnerable populations, ensuring that improvements benefit all residents, particularly those in underserved communities.

Downtown/Uptown Connection: In 2017, the city began advancing downtown revitalization projects to stimulate economic growth and revitalize its downtown. To date, it has resulted in $65 million in improvements. These grant-funded improvements have enhanced the downtown, improving connectivity for residents, supporting multimodal transportation between downtown, the uptown connection of Harvester Avenue and surrounding residential neighborhoods, helping to sustain economic momentum.

Zoning code update: For the first time in more than two decades, the city is reevaluating and comprehensively updating its city code. The code update will be comprehensive, user-friendly, pro-economic development and simple to read.

The mandatory task is to form a project steering/advisory committee by identifying all applicable stakeholders, such as state transportation facilities and other infrastructure (road, bridge, bike or pedestrian facilities or transit). If stakeholders are not part of the committee, they must have the opportunity to review and comment on draft recommendations that impact their facilities.

Other tasks include publicly announcing a request for proposals, and a designated group will evaluate the responses and hire a consultant with specialized experience in active transportation planning; having the consultant collaborate with the committee, which may include representatives from the Genesee County Planning Department, town of Batavia, Batavia Development Corp., Batavia Improvement District, Genesee Community College, Chamber of Commerce, City Council, Genesee County Economic Development Center, Batavia Police Department, local business owners, GTC staff, Regional Transit Service and Office for the Aging. These entities will assist by providing relevant data, reviewing project tasks and evaluating feasible options. 

The consultant is to perform an analysis of current conditions and assess the needs of the project area, including the city’s background, historical context, planning documents, existing land use, ownership and zoning regulations; a comparison of the findings to the goals and priorities outlined in the city’s strategic plan, ensuring alignment with the vision for the community’s future development, including integration of complete street and traffic calming elements where applicable; analyzing motor vehicle traffic patterns, identifying physical and program needs; and engaging the public through meetings, surveys, stakeholder interviews and/or focus groups.

The committee and consultant will collaborate to identify opportunities to enhance active transportation throughout the city based on the needs previously identified and eventually recommend improvements to multi-modal circulation and access throughout the area, in preparation for a final report that summarizes the key findings and recommendations. 

Public participation is crucial to the study, and the consultant plans are to include and engage low-income, minority, disabled, senior and youth populations. Two public meetings will be scheduled to gather input on existing conditions, needs and goals and to then present draft findings and recommendations and obtain feedback before finalizing the study. 

A tentative schedule has been set to begin with November for scope of work approval, an RFP release in January 2025, selection of the consultant and City Council approval in March, a signed contract by April, a kickoff meeting in May, existing conditions analysis and needs assessment finalized by August, concept plans, strategies and recommendations finalized by October, a draft final report by the end of 2025, and a completed study by February 2026. 

Granting an age exemption would mean a loss of more than $2 million in taxable property value for the city; however, given the city’s overall $100 million property value, City Manager Rachael Tabelski says the timing seems right.

City Council is looking at giving property owners age 65 and older who meet certain income limitations a greater tax exemption on their home, similar to what Genesee County has already adopted. The county’s resolution increased the exemption levels for county tax, and “in response, the city would also propose to increase the income levels of individuals to qualify for the exemption,” Tabelski said.

“So to be in line with the county — we haven't changed the limit since 1994 — I'm bringing it to you for your discussion and decision,” she said during this week’s conference meeting at City Hall.

She has recommended adjusting the scale to mirror the county’s income limits for homeowners 65 and older with incomes at or below $23,800 for a 50% property tax exemption and capping off at $32,199.99 with a 5% exemption.

Council briefly discussed this option previously, and Tabelski brought it back to the table to potentially include in future budget talks. She said it would become effective in the 2025 assessment roll year. 

Exemptions would be 50% for a maximum income of up to $23,800, slide down to 45% for up to $24,799.99, and continue decreasing by 5% increments while the income level increases about $1,000 each time until it hits the highest income of $32,199.99 for an exemption of 5% (see table below).

Exemption Minimum Income Maximum Income

50%               $0                         $23,800.00

45%               $23,800.01           $24,799.99

40%               $24,800.00           $25,799.99

35%               $25,800.00           $26,799.99

30%               $26,800.00           $27,699.00

25%               $27,700.00            $28,599.99

20%               $28,600.00           $29,499.99

15%                $29,500.00           $30,399.99

10%                $30,400.00          $31,299.99

5%                  $31,300.00           $32,199.99

The city’s current sliding scale for property tax exemptions begin with an income of $16,500 or below for the 50% exemption, and tops out at $24,000 for 5% exemption.

Council President Eugene Jankowski Jr. said he was for this exemption. He emphasized the importance of approving this plan as another way for people to retain their own properties.

“Not only is it important to keep in line with the county, but more important to help people in the city; this might make the difference of whether they’re able to stay in their house, so I think we should do all we can,” Jankowski said.

A councilman asked how this would impact city revenue. 

“We’ll lose up to $2.6 million. So that is your assessment value, so it’s not pure revenue, it’s what we assess properties at,” Tabelski said. “So this exemption would take $2.6 million out of that value. But in the last year, the assessor had reported to us that we have $100 million in taxable value from 2023 to 2024, so this would be a year to go ahead and do that. So the value that came in is not only reassessments of homes, but also new businesses and improving businesses.”

The consensus of the group was to move forward with the exemption. 

While a wine bar and waste disposal company may seem as opposite as you can get for entrepreneurial pursuits, they each have qualified for a $20,000 Revolving Loan Fund grant and city leaders' encouragement as worthwhile endeavors in the city of Batavia.

City Council approved the grant requests from Jon Waggoner of Waggoner Holdings for building improvements at 41 Jackson St., which will be home to Shush Wine Bar, LLC, and to Jean Lucas of Enercon Systems Inc., doing business as Eco Waste Solutions at 109 Cedar St.

Eco Waste Solutions is a government contractor that converts waste to energy, especially in remote job locations where sewer systems and waste removal do not exist, City Manager Rachael Tabelski said during Monday’s council meeting at City Hall. 

“Rather than burning waste or burying waste or disposing of it in other ways, they have advanced technology used by the military, natural resource companies and remote communities,” Tabelski said. “They have purchased a building on Cedar Street and would like to do exterior renovations. And I believe, Tammy, correct me if I'm wrong, this location is the U.S. headquarters for research, development, manufacturing and assembly.”

Batavia Development Corporation Director Tammy Hathaway revised that to say manufacturing is “actually done in Ohio,” and assembly is performed on Cedar Street. It’s a Canadian company with a CEO who lives in Hamilton.

“It's a very interesting story. The CEO was actually traveling with her and her husband with their muscle car to a car show in Syracuse. They stopped here in the City Centre when I was going to have lunch and fell in love with Batavia, so they drove around. This was two years ago when they found the site was released on Cedar Street; it was the old Verizon building. And a year later, started the motions to purchase the building,” Hathaway said. “They do have a contract with the Department of Defense, and the incinerators are used — soldiers cannot, but they have to dispose of their trash when they're deployed overseas. They were using jet fuel and it was giving a burn lung syndrome, and so this eliminates that.

“They're very interesting units to see. It's like the back of a box truck, a small delivery truck. They assemble into three components. You can put a tire on one side that comes out clean air on the other,” she said. “They also use it in expeditions. They have smaller units for expeditions, the Andes and different places, so that there's no trash (left behind).”

The company project is for $65,000 of renovations, Tabelski said, and CEO Jean Lucas requested a $20,000 from the city’s Revolving Loan Fund. The BDC reviewed and approved the request, which was now before council for a vote.

“I’d like to also add that this is a two-part project. This is for the exterior renovations,” Hathaway said. “They will have a project that will be for interior renovations as well that they will not apply for funding for.”

City Council President Eugene Jankowski Jr. added a point about the fund’s origins.

“I think that's the original intent of it, was to improve the outward appearance of various businesses and the storefronts,” he said, encouraging any council questions.

Councilman Bob Bialkowski asked if any of the manufacturing would be done on the premises, and Hathaway said that’s all done in Ohio. There are “research technicians and engineers; they’re putting it all together” here in Batavia, she said.

“There’s a lot of components on the inside,” Hathaway said, as Tabelski added, “and so higher-end jobs and more of the R&D high-end assembly; it’s here.”

The current staff is 10 to 12 people, and “they probably don’t really expect to have many more than that,” Hathaway said. One unit will be assembled on the inside of the building and tested outside at the rear, per the space available, she said, and to ensure that “everything is done absolutely to perfection.”

A key piece to an outside company being located here is that it has used local contractors since the beginning of the lease, she said.

“Anyone that they needed for fabricating, an electrician, they used all locals,” she said. “At one point, the CEO had logged 28 local companies from the city of Batavia and the surrounding area.”

The Batavian first wrote about Eco Waste Solutions being located at Cedar Street in August 2023 after speaking with an employee at the site and it soon after was awarded a $100,000 Empire State Development grant and $180,000 in excelsior jobs tax credits to manufacture its waste disposal systems as part of Gov. Kathy Hochul’s $27 million financial package.

The other project would also require an investment of $65,000 but is “a little bit different,” Hathaway said, in that it would involve more interior renovation, including a “rearrangement of where the kitchen was” at 41 Jackson St., which is the older, longtime Salvania’s Restaurant and the more recent Gilliana’s Diner. 

The building has “received about a quarter of a million dollars of private investment thus far,” Tabelski said, and property owner Jon Waggoner of Waggoner Holdings has requested the $20,000 from the Revolving Loan Fund. 

The renovations are in preparation for Shush Wine Bar LLC to move in and open by early next year, business manager Rob Credi said during a previous interview with The Batavian. 

City Council approved both grants during a business meeting that followed.

What to do when there are vacancies and few good candidates, but then qualified employees want to live beyond residency requirements for the city of Batavia?

That was a question on the table for the City Council during its conference session Monday evening after city management explained the dilemma of a Batavia Police officer. He would like to purchase a home that is “merely minutes” outside of the city residency boundaries — and therefore Chief Shawn Heubusch requested a residency waiver.

“Officer Samuel Freeman has been a member of the department since April of 2020 and has displayed a strong commitment to the department based upon him taking on additional roles,” Heubusch said in a memo to City Manager Rachael Tabelski. “Officer Freeman’s current residence meets the residency requirement, but he does not own the home. He is seeking a waiver of the residency requirement so that he may purchase his own home in a neighboring township to his current residence.

“Officer Freeman is a very dedicated officer,” Heubusch said during the meeting. “He works second platoon or the three to 11 shift. He has indicated to me he has no intentions of leaving our department. He loves it here.”

City Council has granted waivers before, usually for management positions including assistant manager and fire chief  to code enforcement officer — and at one point several years ago approved 14 waivers at one time, allowing employees to live within Genesee County when it seemed more prudent to do so than risk losing employees.

Tabelski spoke about a time about five years ago when the city reconfigured its residency borders and how that may need to be recalculated.

“I provided everyone with a map so you can look at it. As you can see, several years ago, back in 2019, I'll say, yep, April of 2019, defined our border as the adjacent towns to the city. However, when you look at the 15-minute and 20-mile radius, there are actually locations where you can't live but are closer than some of the locations inside this border,” she said. “So with this waiver, if council does grant it, I'd also like permission for a work group to be assembled to reexamine the residency proposed policy for the city of Batavia, because giving away waivers isn't the point of having a residency requirement.”

When the city used to get 120 candidates for the police officer Civil Service jobs, there were just 100 this last time, Tabelski said. Recruiting and hiring is getting more difficult as it is, not even accounting for having the residency requirement on top of that, Heubusch added, which further exasperates the situation of potential loss of current employees.

“I would just add that Officer Freeman is a very dedicated member of the department. He is a field training officer. He's currently a member of our emergency response team. He has become a firearms instructor in the Department. He takes on a lot of additional responsibilities.  He loves the city of Batavia and working here, but he's a country boy at heart, and he's just looking for some property so he can go hunting,” Heubusch said. “Quite honestly, that's what it boils down to. And again, we've had issues with locating candidates. To Rachael's point, we did discuss this residency back in 2019 with other department heads over here at the time. We made some changes to it. There still are issues with retention and recruiting because of our residency, it comes up from time to time. So we'd like to take a look at that.”

While the waiver is an understandable request, perhaps the issue does need a more thorough review, Councilman Bob Bialkowski said.

“Maybe we’re doing something wrong here,” he said. “At 4:30, there’s a whole line of people leaving. I’d like to see more and more people becoming stakeholders in the community.”

They all agreed that a waiver was the right thing to do now, with a workgroup appointed in the future to review the overall problem and determine if there are other solutions. 

During the business meeting that followed, council approved the waiver by a vote of 6 to 0. Members David Twichell, Kathy Briggs, Al McGinnis, Eugene Jankowski, and Tammy Schmidt all said yes, and Bialkowski added, “Sadly, yes.” 

Due to the very nature of their work, which involves traumatic incidents and injuries, police officers and firefighters have a higher likelihood of developing addictions to opioids as a result of stress and mental health issues, Lynda Battaglia says.

And as director of Genesee County’s Mental Health Department, Battaglia wants to alleviate those employees’ stressors in any way possible — beginning right alongside of them.

"We think of the physicality of their jobs. The extra gear and uniform and what they have to carry, what they have to do, physically, they're more susceptible to potential injury as well as acute or chronic pain, oftentimes, which is treated with opioids,” Battaglia said during this week’s City Council meeting. “On top of that, we have their continued and repeated exposure to traumatic events every day that they are working. They're responding to calls that are unpredictable. They have very high stress jobs. We couple mental health with the physical demands of the job, coupled with, you know, the potential for high risk. These disciplines are at higher risk for developing dual diagnosis, which is mental health and opioid addiction.

"So by us getting ahead of the curve and developing this program and doing check-ins, it will allow for firefighters and officers to just be able to share what's on their mind, that they can get that out instead of keeping it in. To keep it in it just grows, and that's when real problems start to be created,” she said. “So we need to address it more in the moment. I'll have specific and certified counselors assigned to this program that are culturally competent, that they understand the work that these two professions do in these two departments.” 

Mental health is becoming a larger issue for public safety officers across the country, Batavia Police Chief Shawn Heubusch said. It’s part of the city’s police and fire pilot wellness program for embedded services in both departments. Services will be paid for with $18,000 from an Opioid Abatement Fund through Genesee County. 

Bi-annual mental health check-ins will be scheduled every six months with licensed mental health professionals, with a focus on assessing mental health and providing support. There will be ride-alongs at least once a year to offer opportunities for clinicians to accompany officers and firefighters during their actual working shifts, plus periodic wellness workshops, which will be open to all officers, firefighters and their families, and crisis intervention as needed. 

“So a lot of the programs that we're looking at doing are, they're not groundbreaking, but they're simple and to the point. We're going to look at some mental health check-ins with our officers and our firefighters. They'll be scheduled on a regular basis. Obviously, we're in August now, so probably one before the end of the year, and then, evaluate the program moving forward right along,” he said. “So we'll have clinicians right along with the officers and with the firefighters on staff to get a better understanding of their jobs and what some of the stressors are and try to assist them with whatever that may be. A lot of it will be breaking down barriers between public safety individuals and mental health. That's the biggest thing we have  to overcome. 

“So we're pretty excited about the program. We've been talking about it for a long time, doing everything that we can support our officers and our public safety employees in the city,” he said. “We think this is a huge step forward, and I want to thank Linda for the opportunity to partner with us also.” 

City Council President Eugene Jankowski Jr., a former police officer and retired lieutenant, added that’s “another step in a positive direction, it’s a positive thing to address this.”

Heubusch emphasized that he was not looking for any direct feedback from the clinician sessions spent with officers; there wouldn’t be any reports issued to him, and the police union has not opposed this plan, he said.

“It’s just getting the officers, firefighters, accustomed to that person that's with them, and then breaking down the barriers, having some conversation. It's not a fitness for duty type thing, or anything like that. That is really just having a support mechanism for our staff and an outlet at some point in time,” he said. “One of the biggest things that is climbing in our field is suicide, and unfortunately, officers are seeing that there's no other out for them so we want to do everything we can to wrap services around them if they need it. If something comes up where there is a need for further services or treatment, those are discussions that we'll have.”

These sessions were not going to be considered formal therapy, Battaglia said, just an opportunity for employees to talk and share with the mental health professionals. 

Three weeks isn't exactly right around the corner, but it's at least on the horizon for a dozen business owners desperately waiting for handicap parking to be restored, and that's where the timeline stands as of Monday evening, according to City Manager Rachael Tabelski.

Work has been mapped out with traffic cones, tape and fencing several weeks ago, and officially kicked off with a groundbreaking ceremony a week ago, and now is expected to further ramp up with the ongoing commotion of the $15.5 million building project.

"Construction continues to progress toward site and utility work being finished in the next three weeks to open up that first row of parkng which we did discuss will be reopened for those Washington  Street businesses," Tabelski said during council's conference session at City Hall. "Once the site work is complete, the contractors will move on to placing footers for the building and bringing in various construction trailers on site for the remainder of the project."

The city proposed this plan as business owners heavily complained about losing that adjacent row of parking next to their offices, citing the on-street parking on Washington Avenue as insufficient and dangerous for people with disabilities and assistive walking devices. 

In related action, City Council approved:

• A contract with Barron & Associates to perform work for the new police station being constructed downtown in the parking lot of Alva Place and Bank Street. The company was selected out of four proposals to perform special inspections services for the construction at a cost of $40,000. 

  Barron, based in Clarence, is a geotechnical consulting company that performs subsurface investigation and analysis and design and consulting services, construction inspections and testing.

• A $200,000 law enforcement technology grant obtained by Police Chief Shawn Heubusch to be used for small equipment and contract services for the police department.

• An agreement with Western Regional Off-Track Betting Corp./Batavia Downs for city police services on several dates at the Park Road facility throughout the summer.

  Dates include June 21 and 2; July 5, 12, 19 and 26; and August 2, 9 and 16. 

Downtown property owner Sharon Kubiniec made a return visit to City Council Monday evening to remind the elected leaders that, despite the good intentions and efforts made so far to rectify a parking issue around the new police station in progress, “we are not flourishing.”

Taken from the city’s mission statement to create and sustain a vibrant, affordable, safe community that includes a supportive environment where businesses continuously flourish, she emphasized that the last portion was certainly not true for those dozen small business owners since construction began a couple of months ago. 

Kubiniec also read through the city’s vision statement, countering with how life has been since work began in the parking lot at Alva Place and Bank Street in downtown Batavia several weeks ago. One portion that states, “our community members will be actively involved in the decision we made and active in bringing our plans to life,” was countered with, “We now know that in March of 2023, the negative state environmental quality review (SEQR) was approved by Batavia City Council. A negative SEQR means that the construction project has no negative effect on the environment,, traffic, and noise level of the area … that the parking lot surrounding the project area will remain open to the public.”

“Each affected business should have received direct notification of the proposed parking lot closure last summer when the plans were finalized. 

“You took 85% of our parking,” she said. “We bought these businesses because they had parking.”

“I just want to have a sit-down meeting where I can have a back and forth because I really do believe that you guys can give us answers that will put our fears to rest,” she said during the council’s meeting at City Hall.  “I’m not trying to be contentious with you. I'm just trying to gain information. And I don't know how this process works. I've never heard of a SEQR before … I’m just trying to gain information. I don't believe you understand the undue stress that this has placed on the businesses along Washington Avenue. We are all just trying to go to work, do our jobs and make a living every day as each patron, patient, employee and citizen of Batavia approaches us to complain about the egregious lack of parking in our offices.

“We still do not have handicapped parking. We appreciate the new plan to open up one row of parking. But I beg of you that you allow us to have a two-way conversation regarding the next two years, two years that will deeply affect our businesses,” she said. “I want to say my words very carefully because I have no ill will towards anybody. This has just affected my life immensely over the last couple of months. I'm not sleeping; I'm stressed to the max because my property value has changed when trying to sell a business, and that is all halted because our whole parking lot was closed off. That scares people; they don't want to buy businesses in downtown Batavia because they find out our city council can just close a parking lot without any warning.” 

She also said that one of their worst fears — patient safety being compromised by using Washington Avenue for handicapped parking — has already happened, with three people falling between their vehicles and the medical office to which they were headed.

“We have cameras on our sidewalks, and our sidewalks right now are being utilized 10 times more than they ever were before. So I have much more traffic on my particular property,” she said. I’m just begging you to have a meeting with the business owners to just sit down because, as I just did with (Police Chief Shawn Heubusch), he was able to put one of our fears to rest by telling us that the employees of the police department will not be parking on the outside, but they will be in that secured facility. So please just sit down with us. That’s all we’re asking. I’m not looking to break anybody; I’m not looking to attack anybody. I just want to get information so that we can put our minds at rest and assure our patients that they’re going to be in a safe environment.” 

Council President Eugene Jankowski Jr., a decades-long police officer and retired lieutenant who, in a prior meeting, said he thought some of the protests was in a tone of being against the new police station, asked if the business group had an attorney. Kubiniec said yes.  

Jankowski quickly referred the matter to City Attorney George Van Nest, who advised council that since the group had retained counsel that no discussions should take place. 

“Under the circumstances, since counsel has been retained, I would suggest to the council it's not prudent to engage in back and forth dialogue if there's a potential litigation threat,” Van Nest said. “The second thing I would say, council, is there was an update issued April 30, relative to phase one, phase two parking. There's nothing more to add to that at this point in time relative to timing. When there are further updates, they’ll be provided by the project team.”

The business group had initially attempted to seek answers from the city and encountered what it called “a gag order,” so it retained an attorney to file a Freedom of Information request so that all involved could read the SEQR and background materials and get those answers, Kubiniec told The Batavian. 

“The city responded that, ‘due to the volume of records involved, the city of Batavia will have records available by Sept. 6, 2024.’ This was a disappointing response given that these records are mostly electronic and typically available within 20 days,” she said. 

Kubiniec commended Heubusch for being willing to take time and answer some of her questions before the meeting began. 

The Batavian reached out to the two at-large council members, Bob Bialkowski and Rich Richmond, and Jankowski for further comment about why the elected city leaders won’t talk to the business owners and if they feel they are representing the city’s vision statement for businesses.

Jankowski passed those questions on to City Manager Rachael Tabelski, who responded later Tuesday afternoon. 

“We have engaged in various and multiple discussions with the business owners; the fact is that the business owners have retained counsel, and it would not be prudent for the City to engage in any further dialog at this time,” she said. “We have been open and transparent regarding the plans for the police station and the accommodations the City is making to assist the impacted businesses, which we will continue to do when practical.”

Bialkowski responded to The Batavian and said that “I sympathize with the business owners,” but that it seemed as though the city had done all it could do at this point. He believes that a front row of parking to be used for those with disabilities will be available to those businesses. He didn’t understand, however, why the two sides couldn’t talk just because the business owners have an attorney, as many professionals do. 

Richmond did not respond to a request for comment.

The city released an updated parking plan on April 30 in an effort to compromise with its initial layout, which restricted parking for the cluster of businesses along Washington Avenue and State Street. At that time, Dr. Adam Gregor said that while he appreciated the effort, he didn’t believe it was really enough of an improvement. Kubiniec said it was “a step into the right direction” but did need more moving forward. 

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