Brisbane Mansion

During a presentation Monday about putting the Brisbane Mansion — aka current police station — out for a request for proposal, City Councilman Bob Bialkowski raised the question of what happens if a developer takes on the project and then lets it sit idle.

His scenario seemed to mirror what has happened with the stalled Ellicott Station apartment complex on the city’s Southside, and he wasn’t the only one thinking about it.

“We don’t plan on marketing it to Savarino,” City Manager Rachael Tabelski said of Ellicott Station property owner Sam Savarino. 

City Council President Eugene Jankowski added that “we wouldn’t let it go into some sort of a problem” because the city would have a clawback or some kind of recourse for a developer who would not follow through after obtaining the property. 

Ed Flynn, consultant and vice president of LaBella Associates, and Batavia Development Corporation Director Tammy Hathaway presented a tentative plan for what to do with the property to be vacated by the city police by the end of 2025 when the new police station is completed downtown.

They recommended putting the site up for an RFP to determine developer or investor interest in redeveloping the property and provide information about the existing conditions, characteristics and feasibility study options by an Insight Architecture report for use as apartments or a boutique hotel. 

“This can provide a lot of information for the developers that they'll be looking for in terms of the existing condition of building the site, as well as what are some opportunities for redevelopment,” Flynn said. “We also want to make sure we establish some community goals for the project before it goes out so the developer knows what the community goals are for the project. And the ones we kind of have listed here are, preservation of the building and site.

"It's an important historic property in the city of Batavia; it’s very visible. A lot of heritage and history to the building," he said. "And so that's kind of a key goal that we want to maintain compatibility with downtown.”

Another goal is to put it back on the tax roll, he said, for the first time since 1917 when it was established for city government, non-taxable use. 

“So, obviously, you don’t want a nonprofit to go in there, and then we want to make sure we get an experienced developer with financial resources,” he said. “So that would be part of the RFP, part of the process of reviewing the proposals when they come in, and talking to the banks and whoever they’re using for their financial back.”

What they don’t want is for someone to buy it and hold it for five years, with nothing happening to the property during that time, he said. The right developer will have the financial means and capacity to complete the renovations and be experienced in having completed other similar projects.

A tentative schedule would be finalizing the RFP by January 2025 and releasing it by February, with an application deadline of April. Staff would review submitted RFPs in May and June, have developer discussions and select a preferred developer to submit to City Council for authorization to sell by the summer of 2025. By fall, agreements with a developer would be executed, and funding would be sought.

“Because there’s probably going to need to be funding to make sure this project happens,” he said. "Then I put a list of some of the past RFPs that we have done in the city and how successful they were. And you can see all of those buildings. There's five buildings there that have been sold in the city. They were either foreclosed properties or properties on city parking lots ... at the time, we sold them zero value in terms of taxable value and available value to the city. Now they're worth 3.5 million in the city, so they're generating taxes.”

That list includes 19-21 Jackson St., Valle Jewelers, valued at $255,000; 20 Center St., Center St. Smokehouse, at $300,000; 61 Jackson St., Angotti Beverage at $315,000; 20 Main St., Tim Horton’s, $550,000; and 90 Main St., Tompkins Insurance, $1.85 million.

“And you can see the types of properties we have there. The building owners are still there. Some of these are 10 or 20 years old. They're still in the building,” he said. “They've been investing in the building. They create character downtown. They create a lot of vitality downtown. And so we’re trying to do the same thing with the Brisbane Mansion, and this is a first step in doing that.”

Hathaway said that the BDC is working with LaBella to “shrink up any vacant time” from when the police department moves out and a developer could move in and take ownership.

That’s important, Jankowski said, “because the longer it stays vacant, the more likely things are breaking down,” and “pipes freeze, and things can happen.” 

Flynn asked for questions. 

“Okay, so you put out an RFP, find a developer. Looks good. You turn it over to the developer. Eight months later, all of a sudden, work stops on the project. Project starts stagnating. Developers telling you one excuse after another. What recourse do you have?” Bialkowski said.

“You should have a good, solid agreement,” Flynn said. “In the agreement, there should be some kind of opportunity to take the property back if there's no action on the property.” 

He deferred to City Attorney George Van Nest. However, Tabelski said that there would be clauses for nonperformance.

“Hopefully, we can get this moving forward,” Jankowski said. 

As city management and the Batavia Development Corp. pursue ways to attract developers to take over Brisbane Mansion, which now houses the police department, at least one City Councilman sees another option.

And Councilman Al McGinnis made that known during Monday’s conference session. He referred to a prior time after taking a serious walk-through of the property.

“We talked about back then the boutique hotel, a law firm, and apartments, and it simply wasn’t available. The Brisbane Mansion is old, that’s its only function. There was never any famous authors out of there, there was never any books written about it. No treaty was signed there. No famous or infamous people, no historical point at all,” McGinnis said at City Hall. “The one thing that we have to do in City Council is we’re stewards of the taxpayers’ money. At some point, we need to listen to the taxpayer, ask them: do you want to spend any money on the Brisbane? We could make a fortune on the land; the building itself is a wreck. We need to think about what are we going to do as City Council for the value of our citizens. Because guaranteed, they’re gonna say well, now we want a PILOT program, we want a tax break, we don’t want that.”

As a point of correction, there have been pieces of history written by the late City Historian Larry Barnes about the Brisbanes and the piece of property at 10 W. Main St. that was built in 1853, including a play scripted by Derek Maxfield and Barnes. 

The city landmark is listed by the Historic Preservation Commission and formerly served as City Hall from 1918 to 2004 after being the home of George and Sarah Brisbane. Their son Albert was a nationally known author in the 1800s, and his son, Arthur, who worked primarily for William Randolph Hearst, was one of the nation's leading newspaper editors in the later part of the 19th Century. He is buried in the Historic Batavia Cemetery.

City Council President Eugene Jankowski Jr. wanted to clarify that, no matter what the city opts to do with the building, “I would never vote to knock it down.”

“I’m sorry, I just can't. It's too historical. It was on some of our police letterhead at one point," he said. "So I think that a private entity could do whatever they want. I don't think at this point we were gonna fix it up. I think we're gonna do an RFP, is that right?”

City Manager Rachael Tabelski confirmed that, yes, she thought the council had given direction for the site to be put out for a request for a proposal once the police department had vacated the building. Jankowski agreed while McGinnis emphasized that “we need to find out from the public if they want to proceed with this or not.”

“The only feedback I had when we were talking about this was to let it go out to the private sector. Let it be refurbished into something. The engine house was in worse condition, and it’s still here. St. James rectory was basically falling in, and that’s still here. So with the right person and tender loving care, the building has a purpose,” Jankowski said. “And I think we should RFP it out and let someone else tell us what vision they have to preserve the building and go from there. 

"I mean, we're not even at that point that there might be somebody waiting in the wings for us to make that opening and jump on it (Tabelski added that multiple developers have expressed interest). So there you go," he said. "So I don't think we're going to spend any taxpayer money; we're just going to be opening up the opportunity for the person who gets that to maybe get an opportunity to get some historical grants and things.”

Director of Economic Development Tammy Hathaway said that she and city management are in progress with pursuing consolidated grant funding to prepare for when the police department vacates the premises to its new headquarters downtown. A new police facility is being built at the corner of Alva Place and Bank Street.

“The role of the BDC is really to support the city in its efforts to get it out to RFP and be prepared so that when the police department does vacate that building … we can shrink up the amount of time that the city retains ownership of that building afterward. That's absolutely what we want to do. So in our efforts to make sure that we're prepared to help and support the city and get it out of their ownership, that's definitely what our plans are,” Hathaway said Tuesday morning. “It’s not our intention to spend any money towards it. Rachael said 85 percent of the RFP is already complete, so it's ready. We've had conversations, cursory conversations with developers, as we always do, about what underutilized buildings and sites we have throughout the city so that we're always prepared. And after having exhausted a technical grant from HCR last year to have a reuse analysis completed — we did that with the idea of what is the best use for this —  how do we promote this to developers?”

In-site Architecture analyzed and recommended market rate housing and/or a boutique hotel as the best use for the property. The city’s prospective grants would be to prepare for the redevelopment and renovations to the mansion, with a required match to come from the project developer after submitting a successful request for proposal. 

“Ever since I got hired, it was the intent to support the city in making sure that they’re putting that building back on the tax rolls as quickly as possible,” Hathaway said. “After the police department exits, but then it comes down to a developer too, and when they go through it, there really should be no reason, honestly, that it wouldn’t qualify for historic tax credits.” 

The Regional Economic Development Council Initiative is offering capital improvement grants for pro-housing communities for 2024, and the city of Batavia is an eligible applicant. 

City Council supported the application, including investing grant funds into Main St. 56 Theater property roof repairs and mall fund reserves. 

City officials are considering a project that would — after a couple of phases — make Austin Park an entertainment hotspot in the center of Batavia, with a potential pickleball court, outdoor event shell, new picnic pavilion, updated splash pad, carved-out spaces for a Farmers Market and craft fair, an all-inclusive playground, and the thoughtful touches of an entrance archway sign to clearly mark the site from Jefferson Avenue. 

An Austin Park master plan calls for all of that and more in what Assistant City Manager Erik Fix admittedly considers to be “quite expensive,” and is therefore recommending that it be broken down into more bite-size chunks, beginning with what is most needed first.

“It's going to be used to help replace the existing playground, which is desperately in need of replacement. Along the way, we hope to make it a universally inclusive playground as we go forward. We are at the point right now where the playground that's there is not only falling apart, but our Bureau of Maintenance staff cannot find a replacement piece parts for it, so it's definitely something we need to do,” he said during the Jan. 8 council meeting. “If we can also afford it and have any money left, there are some needed renovations to the splash pad (to help with drainage) and things like that that will help that run better. So we're calling this Phase One of the master plan. So as you look at this entire thing, this will be phase one with the hopes that we can secure additional grant money and resources down the line.”

The entire scope would include the demolition and replacement of the steel picnic shelter with a larger one, including the concrete pad, repurposing the concrete brick restroom/concession building and older stone building, possible splash pad updates, mechanics and control replacements, complete replacement of the existing playground with a universally inclusive and accessible system, a new drinking fountain, trash containers and benches, installation of modern, low-maintenance rubber cushion surfaces, and reconditioning or eliminating the stone dust cross-park trail.

City officials retained LaBella Associates to conduct the master plan and assist with a grant application to help with a park improvement project. Along with these revisions are suggestions for the larger covered picnic shelter, at 40 feet by 64 feet; a band shell for small musical groups, festivals, speeches, lectures and other events; a pickleball court to accommodate the “fast-growing sport;” carving out space for a fresh produce Farmers Market and craft fair; and entrance arch or gateway and clearly marked signage for Jefferson Avenue. 

How to pay for it? The state Office of Parks, Recreation and Historic Preservation has awarded the city an environmental protection fund grant of $500,000. 

There is a 25 percent match, and, although 25 percent would be $125,000, “we’re budgeting $225,000” and “hoping that any unused amount gets returned back to us,” Fix said.  The city intends to use public works reserves of $225,000 for that purpose. There is a total of  $960,822 in the DPW reserves now, Fix, said, and he is therefore recommending using the $225,000 to supplement the cost of the project. 

City Council was tentatively going to vote on a resolution to accept the grant and use those reserve funds during a business meeting on Jan. 22; however, the project is on a temporary hold because city officials need to talk to the state parks department, City Manager Rachael Tabelski said, about potential questions that may arise from the sale of Brisbane Mansion just across the parking lot from Austin Park.

“We have a meeting scheduled with New York State Parks and Recreation to understand the easement associated with Austin Park and the parking lot and the Brisbane Mansion, because currently they are situated as one parcel. So we want to make sure it doesn't hinder our ability to move to divest of the Brisbane Mansion in the future, Tabelski said. “So we don't want to move forward to a business meeting and have full approval of the resolution until we have that conversation with the parks department."

The city will be putting Brisbane Mansion, home of the current city police station, up for sale now that a new police facility will be built at the corner of Alva Place and Bank Street downtown. Prospective ideas for the West Main Street property include a boutique hotel, apartments or a mix of residential units. The city will still retain the rights to the adjacent parking lot, however, so city officials want to clarify the use of the parking lot in the future, including overnight parking for future occupants of residential units at the Brisbane property.

There are a series of items that must be met in order to qualify for the grant, according to state parks paperwork. The city must provide vendor ID numbers, file annual written reports, and provide proper documentation, including a boundary map that satisfies the state’s requirements, a copy of the contractor’s deed to the property, an opinion of municipal counsel, a state environmental quality review of the property, prevention of sexual harassment in the workplace and non-discrimination certifications, the Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia disclaimer.  

Austin Park Master Plan (pdf)

Given the ample time and 80-plus page report he had to work from, consultant Rick Hauser wasn’t short on words in a study on Brisbane Mansion. However, three words seemed to capture it best.

“It’s a gem,” he said Monday during a presentation to City Council.  “I love the history of this building, it’s a 107-year-old building. So for starters, that's impressive. 

“It’s at a key location in your community,” he said. “One thing’s clear is that Brisbane Mansion is not being put to its best use.”

Hauser, a partner of Inside Architecture in Perry who has conducted a reuse analysis on the Main Street structure, otherwise known as the current city police station, reviewed the site from top to bottom. 

After reviewing and calculating existing floor plans, construction cost estimates, various options, forensic building timelines, potential grant and other financial incentives, a zoning map, photographs, a condition assessment, and design challenge considerations, Hauser and fellow designer Larissa Reynolds presented what they believed were the two most viable options.

One option is to carve out 11 market-rate apartments, with four two-bedroom and seven one-bedroom units on the first and second floors. All of them would be light-filled with an open kitchen, dining and living concept, comfortably-sized bedrooms and ample closet space, and they strive to maintain existing partitions, opening and architectural features as much as possible, he said. 

Preserving the historic integrity of the building is key, he said, as it is currently a contributing member of the historic district and is on the National Register of Historic Places. Maintaining historic integrity will be a principal selling point, he said.

The business plan includes utilizing grant funding which means renovation plans will be scrutinized as to whether they have an adverse impact not he remaining historic fabric and defining architectural features such as existing facades, structural elements, circulation paths, interior spatial layouts and finishes. 

The second option would be a 16-room boutique hotel containing seven micro units, three deluxe units and six deluxe suites to accommodate different needs and budgets while remaining unique and welcoming. 

“When we're thinking about what we're proposing for this building, we're really thinking about what the building wants to be. Because a lot of things are all set, the location of the building, centrally located to everything basically in Batavia, there is no other kind of lodging or hotels in the city core,” Reynolds said. “The history of it, the quirkiness of it, those are the key ingredients that really make a really nice boutique hotel. A boutique hotel that’s really well managed by someone that's gonna love and showcase the history and the elements of it.”

The most challenging task for these options was to work within multiple “levels within levels” by various additions and renovations done to the building at varying stages and time periods.

Who’s going to want to come in and develop an old mansion-turned-police station? Any number of people, apparently. It’s a tempting opportunity, Hauser said, because of its age: the property qualifies for historic preservation tax credits, which can be very attractive to developers and help provide key capital up front, especially if syndicated, he said. 

New York State is also rich in funding sources, including grants such as Restore NY and Downtown Revitalization Initiative funds, he said. 

What would this all cost a prospective developer? An estimated $3.5 million to $4 million, he said, with revenue for high-end apartments reaping $164,000 a year. 

Councilman John Canale asked if any developers have expressed interest in the site at this point, and City Manager Rachael Tabelski said yes, that Batavia Development Corp. Director Tammy Hathaway has taken a few prospective developers on tours of the property.

Council President Eugene Jankowski Jr., a retired city police lieutenant, knows the building well and looks forward to its next life, he said.

“I love that old historic building. The public should be aware that we're definitely trying to repurpose it,” he said. “And at no time, we haven't even begun to discuss anything other than keeping the building there and repurposing it into something that is hopefully gonna get on the tax roll.”

The process will most likely involve a request for proposals once the city is ready to move forward, Tabelski said, and the police department has its new home at Alva Place and Bank Street.

Albert and George Brisbane are not history's first feuding brothers, of course, but their divergent ways are a part of Batavia's history, as is the role their father played -- James Brisbane -- in the settlement and development of the little village by the bend in the Tonawanda. 

James Brisbane became a very wealthy man in Batavia and Albert and George were his heirs, with George and his wife Sarah settling into the mansion that James Brisbane finished building in 1855.  The family sold the mansion and property that is now Austin Park to the City of Batavia in 1917, and until 2004, the building was City Hall. Since 2004, it's been the city's police headquarters. Since that is to change within a few years, the city has acquired a $20,000 grant to study what might be best for the historic building.

To help educate the public about the importance of the building, the Landmark Society of Genesee County, with a grant acquired through GO ART!, produced a play written by local historian Derek Maxfield about the Brisbanes, or more specifically, the feuding brothers, Albert and George.

The play is set in 1878 and centers on George's resentment of Albert. George, the younger brother, stayed home and tended to the family's financial affairs while Albert traveled the world, married multiple women, sired several children, and extolled the virtues of a socialist utopia.  

The play was set, in part, in 1878 because in that year native son Gen. Emory Upton paid a visit to his hometown; so for Maxfield it was a chance to bring this important historical figure into the drama.  

Brothers at Odds: The Brisbane Story debuts tonight at the First Presbyterian Church, 300 East Main St., Batavia.  There are additional performances on June 11 and June 15. All performances begin at 7 p.m. and are free. 

The cast:

• Daniel Snyder as Albert Brisbane
• Derek Maxfield as George Brisbane
• Quincy Maxfield as Sarah Brisbane
• Jessica Maxfield as Anna the Servant
• Michael Gosselin as Gen. Emory Upton
• Wesley and Wyatt Fisher as the children

City of Batavia Historian Larry Barnes is going beyond the written word to illustrate the significance of the Brisbane family and the mansion at 10 West Main St. that has served as the community’s City Hall and, currently, as its police station.

Speaking at tonight’s City Council Business Meeting at the City Centre Council Board Room, Barnes (photo at right) said he realizes that Council members will want to hear from residents about the future of the Brisbane Mansion, which was completed in April 1855 at a cost of $25,000 (equivalent to $750,000 in purchasing power today).

“I know you will want them to be fully informed as you seek their input in the decision-making process,” Barnes said. “To help inform the public, I am working with the Landmark Society to present a play on the Brisbanes and their mansion. This play will be presented on three occasions in June and I encourage everyone to go see it.”

He said the Derek Maxfield, as associate professor of History at Genesee Community College and noted playwright, wrote the script. The cost of production is being underwritten by a grant through the Genesee-Orleans Regional Arts Council.

Dates, times and locations of the play will be announced, he said.

Barnes said the Brisbane Mansion is a building that deserves preservation.

“The mansion … was erected as the home of George and Sarah Brisbane. This structure is historically signficant both in terms of the building, itself, and in terms of the Brisbanes who occupied it,” he said. “When the police department moves to its new facilities (on the Alva Place parking lot), you will be responsible for deciding the future of the mansion. Will it be saved and, if so, what function will it serve?”

Last year, Barnes updated his brief history of the building – a six-page document that provides details of the mansion as published in The Daily News in 1917-18, its use as City Hall and of the key members of the Brisbane family.

Following Barnes’ five-minute address, Council President Eugene Jankowski Jr. reiterated the board’s support of “repurposing” the building due to its historical value.

Barnes said he “totally agrees” with that stance, but reminded Council that “we’ve lost some pretty incredible buildings” over the years.

In a related development, Council voted unanimously in favor of a resolution to compensate Barnes with a $5,000 annual stipend.

Over the past 13 years, he has done the job on a volunteer basis, just as the previous historians for the city have done since 1919. The one exception occurred in 1962 when the city historian received a $100 stipend, payable in two equal, semiannual installments.

A list of previous City of Batavia historians, as provided by Barnes:

-- William C. Coon, 1919-1953;
-- Georgia Northrup Foote, 1954-1967;
-- Mary McCulley (later Mary McCulley Henry), 1969-1970;
-- Ruth M. McEvoy, 1971-1985;
-- Mary McCulley Henry, 1986-1995;
-- Corinne Johnson Iwanicki, 1995-2007.

Ellen C. Ruffino served as an assistant historian from 1966-1968.

Other resolutions passed tonight:

• Extending a contract for a School Resource Officer with the Batavia City School District for two more years, through June 30, 2024. Officer Miah Stevens currently has that position, which is paid for by the school district.

• Creating a temporary full-time detective position in anticipation of the retirement of a detective this summer. The temporary post carries an increase in pay of $15,000 to cover the promotion.

• Extending a contract with Client First Technology Consulting for six months at a cost not to exceed $44,600 for continued assistance with the city’s Enterprise Resource Planning system. The ERP integrates functions to ensure best practices, automated workflow and project management efficiency.

Photo of Larry Barnes by Mike Pettinella.

With it looking more and more as though a new City of Batavia Police Department headquarters will be constructed on the parking lot at Alva Place and Bank Street, city leaders are trying to figure out the best course of action for the current station at 10 W. Main St.

City Manager Rachael Tabelski, in a memo dated July 2, is recommending that City Council pass a resolution to support the Batavia Development Corp.’s submission for a 2021 Consolidate Funding Application under the New York Main Street technical assistance program.

The item is part of the agenda for Monday night’s City Council Conference and Business Meetings at the City Hall Council Board Room, starting at 7 o’clock.

Tabelski wrote that the grant, if received, would be used to hire a design firm “to prepare building reuse analysis, renderings and cost estimates for the reuse and rehabilitation of the historic former Brisbane Mansion.” That report would set the stage for the application of a future NY Main Street building renovation grant.

Per the memo, the BDC is interested in helping ensure proper historical renovation and restoration of the building,

CLICK HERE for a history of the Brisbane Mansion written in 2015 by Larry Barnes, city historian. Relocating the police force has been a topic of discussion even before that year.

Tabelski wrote that the goal is to find a private developer to purchase the property, rehabilitate it and eventually return it to the tax rolls.

Deadline for the CFA grant submission is the end of this month.

Phone calls to Sharon Burkel, chair of the City Historic Preservation Committee, for comment were not returned by the time of the posting of this story.

In a related development, replacement of the current police station’s flat roof is moving forward in the form of a resolution that, although not complete, provides City Council with an update on the project.

According to a memo from Maintenance Superintendent Ray Tourt to Tabelski dated July 1, the roof sections over the 1960s addition and over the rear vestibule have deteriorated to the point that the roof is no longer waterproof and the insulation has become saturated.

Last month, Council approved the use of $100,000 from the facility reserve fund to replace these sections.

Tourt advised that the Department of Public Works is in the bidding process and will recommend a contractor in the near future.

The resolution would authorize Council to award the contract to the responsible low bidder.

Other agenda items:

• Resolutions accepting a pair of awards from Genesee County STOP-DWI to the Batavia Police Department – one for $32,981 to fund enforcement nights, training, equipment/supplies and calibration/repairs related to driving while intoxicated enforcement and the other for $2,400 to fund high visibility checkpoints during the July 4 (which has passed) and Labor Day (Aug. 20 through Sept. 6) holiday periods.

• A public hearing concerning the application of a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main. Tabelski previously indicated that the grant, if received, could fund up to 90 percent of the project cost. Council is expected to vote on the resolution during the Business Meeting.

• A resolution to set a public hearing for Aug. 9 to formally (and finally) approve the rezoning of the 211 and 211 ½ E. Main St. parcels from P-2 (Planned Development) to C-3 (Commercial) to accommodate the Healthy Living campus project of the GLOW YMCA and United Memorial Medical Center. The City Planning & Development Committee recommended the rezoning for both properties on May 18 and June 15, respectively, stating that the C-3 designation is consistent with the city’s Comprehensive Plan adopted in 2017.

• A request from Batavia Brewing Co./Eli Fish Brewing Co. for an Oktoberfest celebration on Sept. 18, starting at 4 p.m., at Jackson Square. A 20- by 20-foot tent with a dozen picnic tables will be set up for the event, which will feature food, beverages and the sounds of The Frankfurters, (photo below), a German music band out of Buffalo that also is known as “The Best of the Wurst."