city of batavia

Labeling them ARPA-1 through ARPA-7, City of Batavia Manager Rachel Tabelski has put together a list of priority spending items – including an “inclusive destination playground" at Austin Park – to be funded in whole or in part by the $1.4 million the city received from the American Rescue Plan Act.

In a memo dated Sept. 20 to City Council, Tabelski wrote that she is recommending these expenditures as part of her Batavia Investment 2021 report, which is on the agenda for discussion at Monday night’s Conference Meeting.

The meeting is scheduled for 7 o’clock at City Hall Council Board Room.

Should City Council forward any proposed resolutions on Monday, voting would take place at the board’s next Business Meeting, which is set for 7 p.m. Oct. 12.

The federal government, acknowledging the COVID-19 pandemic’s effect on municipal economies, allocated $19.53 billion from the Coronavirus Local Fiscal Recovery Fund to support non-entitlement units of localities with populations under 50,000, Tabelski wrote.

With that, the city received $1,474,764.79 from the ARPA (getting half this year and half next year).

The money can be used for public health costs, lost public sector revenue, essential worker pay and investment in water, sewer and broadband infrastructure, but comes with restrictions.

Those restrictions, as outlined in Tabelski’s report, include the inability to use the money to lower the tax rate, to offset retirement/pension funds, to pay off current debt, for sidewalks and roads (unless documented proof of being related to COVID-19) and to support current operations in the majority of cases.

Tabelski’s report indicates the recommended projects were derived through multiple means:

• Conversations with department heads and staff, and citizen input;
• Review of capital plans, current needs and current reserve accounts;
• Analyzing the ARPA regulations to create projects that will be most beneficial to the city and/or to advance future ventures, with consideration of social and economic factors;
• Allocating ARPA money to projects that could receive alternate funding, such as matching funds from other sources to increase the total investment;
• Ability of city staff to complete, monitor and report on the projects.

Brief descriptions of the seven projects recommended by Tabelski are as follows:

ARPA-1: Engineering Services for Water System Planning

A resolution to contract with GHD Group of Buffalo to “map, inventory and plan to address lead service lines in the city related to the new Lead and Copper Rule” and “to prepare for the closure of the city water treatment plant in connection to Genesee County’s Phase 3 Water Project that would bring Monroe County Water Authority water to the city.

Cost: $248,000, using all ARPA funds.

ARPA-2: Cohocton Water Transmission Line

Replacement of 3,700 linear feet of a 12-inch water transmission line that supplies water to the southwest quadrant of the city – with the connection being made to the existing 12-inch main near the intersection of Industrial Boulevard and Treadeasy Avenue, and continuing to the existing 12-inch main near Walnut Street. The main has incurred 11 breaks in the past 30 years.

Cost: $800,000, equally split between ARPA and reserve funds.

ARPA-3: Inclusive Destination Playground at Austin Park

Located in the city’s Opportunity Zone, Tabelski writes that now is the opportunity to upgrade Austin Park (see photo above), believing that the expenditure will benefit local families, attract visitors from outside the city, assist in public safety in the park and surrounding areas through appropriate environmental design.

Recreation websites describe inclusive playgrounds as activity areas that remove barriers to exclusion, both physical and social, providing a “sensory rich” experience for all. They are designed to be a safe place where children of all abilities can play together, and are developmentally appropriate for children with and without disabilities.

Cost: $800,000, using $400,000 in ARPA funds and seeking grants to double the investment.

ARPA-4: Modify Facility Capital Plan Project

“Critical” improvements are necessary at the city’s Bureau of Maintenance and Fire Department, Tabelski writes, recommending the purchase of a new generator to run fire headquarters on Evans Street and spending to make access into the facility compliant with the Americans with Disabilities Act.

Cost: $540,000, using $100,000 in ARPA funds, with the remainder committed to the project in the Facility Reserve Fund.

ARPA-5: Wastewater Treatment Plant Headworks Analysis

Tabelski is seeking another contract with GHD Group (via a resolution) for engineering services to solve problems being caused by an aging aeration and blower system. The last headworks study took place in 1983, and since them the WWTP’s aeration system had deteriorated due to leaks in the main header. “While this problem has been remediated, it highlighted the need to complete a more thorough analysis …,” she wrote.

Cost: $250,000, using all ARPA funds.

ARPA-6: Replace Aging Sewer Camera

Scheduled to be replaced next year, the city’s sewer main line camera – purchased in 2012 -- is at the end of its useful life and has malfunctioned on several occasions, resulting in repair costs. Tabelski recommends buying an Envirosight Rover X camera from Joe Johnson Equipment of Rochester, which can be bought at a discount through a cooperative purchase program.

Cost: $100,000, equally split between ARPA funds and wastewater reserve funds.

ARPA-7: Replace Aging Water Meter Readers

As in the case of the sewer camera, the city’s meter reading equipment is about 10 years old and need of replacement. The recommendation is a resolution to purchase new handheld and data recorders from Ti-Sales, Inc., of Sudbury, Mass., along with utilizing a cloud-based data storage system.

Cost: $26,765, using $26,764.70 of ARPA funds and $1,718.79 from water reserves.

“Why can’t the Town of Batavia go to 8.25 percent sales tax and use the .25 percent to prevent citizens in the Town of Batavia and companies (from) absorbing this cost for everybody from outside communities that come here to do their shopping?”

With that question toward the end of Wednesday night’s Batavia Town Board meeting, Lewiston Road resident Bill Sutton triggered a 15-minute discussion with Town Supervisor Gregory Post about sales and property taxes, and New York’s tax cap.

Sutton, (photo at right), a truck driver for Kistner Concrete, said he noticed that the meeting agenda included a resolution calling for an override of the New York State tax cap – the limit on the amount of real property taxes that may be levied by the town as it prepares its 2022 budget.

He said he was concerned that property taxes will increase and thought that bumping up the sales tax from 8 to 8.25 percent could be a way to prevent that from happening.

Pointing out that Erie County’s sales tax is at 8.75 percent, Sutton said he wondered if the extra ¼ percent in sales tax could be put in the town’s budget “so that citizens in the town don’t have to pay higher property tax.”

“Why can’t we benefit from that? Why can’t the Town of Batavia implement a little more sales tax to compensate for this, instead of property owners and businesses picking up the slack?” he asked.

TWO SALES TAX JURISDICTIONS

In his response, Town Supervisor Gregory Post said he appreciated Sutton’s questions and went on to explain that towns or villages do not have the authority to impose sales tax.

“There are two entities that are eligible to collect sales tax. One is Genesee County and one is the City of Batavia,” Post responded. “Traditionally, over the last 20 or 30 years, there has been a collaboration between those two entities to allow the county to collect all of the sales tax and then distribute 50 percent of those revenues collected or some portion of that 50 percent to the communities on an ad valorem basis.

“Which means that communities will get a percentage of the sales taxes collected by Genesee County – whether it’s 8 percent or 8 ¼ or 8 ½ or 8 ¾. Those are distributed based on the communities’ assessed valuation – taxable assessed valuation.”

Post mentioned the agreement between Genesee County and the City of Batavia that provides the city with a minimum of 14 percent share of all the sales tax revenue generated in the county. That agreement also benefits the county’s towns and villages which, by virtue of a revision last month, will share $10 million in sales tax revenue annually for the next 38 years.

Per that agreement, the Town of Batavia’s assessed value qualifies it for about 16 percent of that amount – the actual figure is $1,687,937 – and that is substantially more than the other municipalities. The Town of Darien, site of Six Flags Darien Lake, is next at $970,992, followed by the Town of Le Roy at $822,260.

The supervisor explained that the town is supported by sales taxes “and the sales tax revenues have traditionally been twice what the property tax collection levy was.”

“So, for every dollar collected in property taxes, we have been benefited by a dollar and a half to two dollars in sales tax revenues already,” he said. “And that sales tax is paid by (in part) by citizens not living in the Town of Batavia …”

'LOOKING DOWN THE ROAD'

Sutton said that satisfied that part of his question, but added that he is “looking down the road (because) here we are today – we have a shortfall.”

He continued on his point that many people from outside the town come to the town to shop, and that the town should benefit more from having to deal with extra traffic and for having many “employment opportunities.”

“There has to be something we can do as a town to increase sales tax,” he said. “There has to be something that we can go forward doing this to make it even more beneficial to live in the town – to bring a business in from outside.”

Post replied by asking him to consider, “How much benefit does Genesee County get by having a lower sales tax rate to attract shoppers from counties that have a higher sales tax rate?”

“We have spent a lot of time looking at the consequence; right now, we’re an attractive site for equipment sales, heavy equipment. We just had a groundbreaking this week (LandPro),” Post offered.

“I’m looking at the larger scale sales of automobiles and heavy equipment, and if you’re selling a million dollar bulldozer and you’re selling it because your sales tax are 8 percent instead of 8 ¾ percent, and they’re buying it and taking delivery here, we’re getting the benefit of some of those revenues that we wouldn’t get if our sales tax rate was the same as it was in another county.”

Sutton said if Genesee County went to 8.25 percent it still would be lower than Erie County (but more than Monroe County, which also is at 8 percent).

Post offered to continue the debate with Sutton, inviting him to attend a weekly (Wednesday at 5 p.m.) board workshop.

“I am happy to hear your perspective and your comments … and I’m happy to see the participation,” the supervisor said.

Sutton acknowledged that he doesn’t have access to all the dollar amounts, but pressed on with his view that the Town of Batavia has a quality of living that other communities don’t have, especially an abundance of shopping locations.

“Why can’t be benefit from this so that our children, grandchildren and great-grandchildren will also have that benefit going forward?” he asked. “We will prevent the shortfall by adding the .25 percent sales tax across the board to make it fair for not only the residences and the businesses – for everybody – to keep the property tax down that will draw business in from the outside and everybody will contribute.”

'NO OBLIGATION TO SHARE'

Post then brought up the fact that Genesee County has “absolutely no obligation to share one dime of sales tax revenue with any community.”

“They are entitled to keep 100 percent of it and it is only through the strict negotiations over the last 20 years by this board and our predecessors to come to some rational agreement where the county gets what they need to sustain their operation and not defer maintenance, and the communities in the county are benefited by the apportionment of sales taxes that they are,” he explained.

He then said he believes that Genesee County probably distributes more in sales tax to its towns and villages than another other county in New York State.

“There might be one or two other counties that do a better job with sales tax distribution than Genesee County, but locally they take 10 million dollars in revenue they collect in sales tax and they give it back to the towns to subsidize town and village operations to maintain a lower (property) tax rate.”

Post then went back to the resolution to override the state property tax cap, calling it “a statement that our community has been strategic and has been looking down the road five, 10 and 15 years financially, and retained by these resolutions annually the ability to manage our assets and modify our cash flow to meet the needs of our community so that we’re not bound and restricted by New York State and prevented from maintaining infrastructure that is key to being an attractive community to developers both international site selectors and local developers.”

The board set a public hearing on the tax cap override for 7 p.m. Oct. 20 at the Batavia Town Hall, 3833 West Main St. Rd.

Post thanked Sutton for sharing his thoughts, adding that he is “part of this community and your job as a citizen is to participate.”

Following the meeting, Post said that although it is early in the 2022 budget process, he does not expect the town’s property tax rate to increase.

The 2021 tax rate was set at $2.85 per thousand of assessed value, meaning that a home assessed at $100,000, for example, would pay $285 in town taxes for the year. The town also imposes a fire district tax, which was $2.34 per thousand this year.

Photo by Mike Pettinella.

The City of Batavia is doing all it can to “head off” the unpleasant odor that has been emanating recently from its Wastewater Treatment Plant, which is located behind the Industrial Park off Pearl Street.

With a $1 million capital project to replace the air header system at the WWTP completed, the ponds are receiving more oxygen and the “bugs” that breakdown the biological material are beginning to multiply again, City Manager Rachael Tabelski said in a response earlier today to an email from The Batavian.

“There will be a period of pond turnover where the organic material that was not broken down over the last several months is turned over or bubbles to the top of the ponds in an effort to digest it,” she wrote. “We sincerely hope that this post project period of turnover is only a short time and ponds go back to normal operations in the very near future.”

Tabelski reported that the city plans to conduct a headworks, capacity analysis and financial planning study for the WWTP and wastewater system in the near future.

The headworks is the first stage of the water treatment process. Its purpose is to remove large inorganic materials from the wastewater, with the goal to ensure the wastewater is free of toxins and debris when it reaches downstream equipment. 

The study, according to Tabelski, “will help us understand the long-term needs of the system and any other problem areas that need to be addressed so that we are operating at optimum efficiency and can continue to take waste from multiple industrial clients in the city and Town of Batavia.

Previously: Project at Batavia's Wastewater Treatment Plant is nearly complete

The president of the Batavia City Council tonight said he will utilize all means necessary to rectify a serious situation that has an Otis Street man and woman fearing for their safety and the security of their neighborhood.

“We are working with the assistant city manager (Jill Wiedrick) … she’s going to get code enforcement down there,” said Eugene Jankowski Jr., responding to public comments from Ronald Yantz of Otis Street about the behavior of those living directly across from him.

“We’re going to try to bring all the agencies we can. We already talked to the mortgage agency and they were shocked, but was unable to do anything. They got past their screening … and are kind of confused as to how they made it through and ended up with the house.”

Jankowski said City Council and Police Chief Shawn Heubusch are aware of the problems being caused by residents across the street, noting that 11 people – including six children, unsupervised at times – are living there.

Yantz and Carol Mueller appeared at tonight’s City Council meeting, with the former taking about five minutes to detail how their life has been turned upside down since purchasing their home last August.

Quality of Life Has Diminished

“It was a nice quiet street and a few months later, people bought the house across the street. From there, it has gone downhill as far as my quality of life, our neighbors' qualify of life – our safety,” he said, mentioning the frequent loud parties, large groups of kids, and garbage blowing into his yard from across the street.

He said he was prompted to call police recently after witnessing one of the older kids “pulling out what appeared to be a pistol from one of the cars” and carrying it low into the house.

“If it’s a toy pistol it should have the orange cover on the end of the barrel. It wasn’t a toy as far as I’m concerned,” he said.

Then, last month, he said it was about 11:30 at night when he was shaken by an explosion.

“I was just falling asleep and I heard a huge explosion right near the house. You could hear the shrapnel hit my house. It was no M-80, it was a half-stick of dynamite, at least, on the street. It was only 25 to 30 feet away from the gas main that goes into my house,” he said.

“That would have been the biggest tragedy that ever happened in Batavia … that would have blown all those houses up. And the kids that were standing there would have been killed and me, too.”

He said he ran downstairs and out the door.

Threats Aimed at Couple

“I said, ‘What are you guys doing?’ They’re like, ‘Shut the f--- up’ to us and telling her to shut up. We called the cops and all the neighbors came around; they already had called the cops.”

Yantz said when police arrived, the people verbally abused the couple, and threatened them, saying, ‘Wait until you go to work and see what happens to your house’ and ‘See what happens to your (custom pickup) truck when you’re not around.’”

Unfortunately, the police were unable to do anything at that time as they did not witness any unlawful act.

“This is ridiculous,” Yantz continued. “These people have no regards for their neighbors or nothing. What was a nice, quiet street and now it’s … like some of the other streets that have come down in Batavia. It’s just a shame.”

He said that since he is “stuck” in his home for at least five years before he can sell it, he hopes that the enforcement of ordinances or something else can be done.

“All night long, they play loud music – in the middle of the night, you hear thumping and thumping. It’s very … it’s a situation that I didn’t expect to get into at my age. I just want a nice quiet existence in a residential neighborhood,” he said.

Advice is to Keep Calling the Police

Responding to Yantz’ comments, City Manager Rachael Tabelski said that PathStone assisted the people as first-time homebuyers but noted that they have a mortgage through the United States Department of Agriculture. She also said the city has reached out to the USDA but to no avail.

Jankowski urged the couple to keep calling the police because “when they don’t call for a while, then police resources are directed somewhere else.”

“They (police) think the problem is under control if they don’t hear anything so they move to another location that might need it,” he said, adding that he told police to stay vigilant on this and similar circumstances around the city.

Council member Rose Mary Christian, who represents Otis Street residents in the Sixth Ward, advised that these types of disturbances have been going on for months.

“We’re at the point that it is ridiculous that they have to make a harassment charge against these people when we all know damn well that there are violations of the law – and the fact that the city should do something about it,” she said. “We have more power than these poor people on that street that destroy that beautiful, beautiful street.

Sixth Ward Council Member: It's Outrageous

“As far as social services go, those kids are running in the street and everything else, and throwing items at cars that are going by. The vulgar language and everything else that is going on. They (the children) should be taken away from that family. There’s no if, ands or buts about it. And to have 11 people in that household, and to have all the other friends from Liberty Street coming down into that area, it’s outrageous.”

Jankowski said that filing complaints are the best way to resolve the problem.

“We need a more consistent game plan to deal with this,” he said. “Maybe we’ll keep track of what we do to resolve this so if it pops up in another area … we can use some of these tools and solve it a little faster than the six months that this has been going on.”

He then offered his full support as he also lives on Otis Street.

“If you need support from me, I am right down the street. I’ll walk down and help you guys …,” he said.

Police Chief: Charges are Pending

Heubusch said his officers answered that call for service but noted that there is an open investigation, “so I can’t really get into the details of it but, suffice it to say, there are charges pending.”

“We will be dealing with that. We do have a presence on the street as time permits and our call volume permits … we’re doing our best to split all of our resources and make sure you guys are taken care of,” he said.

Council member John Canale asked Heubusch if he had “past experiences” with any of the people, and he replied, “Some of them are known to us, yes.”

Then, Council member Patti Pacino said, “Are you telling me that if two policemen stand there and somebody threatened my life and my property … they really can’t arrest the person?”

Heubusch replied that he wasn’t there that night, but said that “the legal definition of harassment is much different than the casual definition of harassment.”

Council member Robert Bialkowski urged Yantz to lodge complaints, “even if it’s 2 in the morning, call the police and they’ll be over there in a few minutes.”

Jankowski: Something will Come to Light

Jankowski said the people are playing a “cat and mouse” game with police but eventually “something is going to come to light that is pending over there.”

“There were other things that happened a couple weeks ago. They addressed the situation over there with other agencies interested in people that I can’t discuss – but they removed some people at that point,” he said. “So, that made it a little better for a short period of time. And then other people kind of rose to the occasion and they took over and starting causing problems.”

A former city police officer, Jankowski said victims need to call so law enforcement can address it and document it.

“When those things accumulate, the more time we can show a pattern of constant harassment ... that might fit some of the definition over a period of time,” he offered. “If they don’t have the means to actually physically harm you at the moment, and there’s an officer standing 20 feet away across the street, it’s not harassment at that point. If they’re in your face and they’re making contact with you, you’ve got something there.”

While there has been much activity in the City of Batavia, especially with Downtown Revitalization Initiative and NY Main Street Grant projects, the same can’t be said about the renovation of the former C.L. Carr department store at 101-107 Main St.

According to the “project tracking” chart generated by the Batavia Development Corp., a $1 million DRI award (of the $5.25 million total investment) was allocated to the Carr’s rehabilitation.

City Manager Rachael Tabelski, at this morning’s Batavia Development Corp. board meeting, said building owner Ken Mistler has met with representatives of Urban Vantage of Buffalo, a consulting firm, as he seeks the best course of action to repurpose the space.

“I’ve had several meetings with Mr. Mistler and he would like to move the project forward,” Tabelski said. “The next steps are to see if they want to go after an historic designation for the building – whether it’s worth that and the tax credits – and assuring that they can get architecture, engineering and design on the building done because you can’t do construction until you get that done.”

She said her discussions with Mistler have focused on keeping the bottom floor as commercial space, with the possibility of multiple stores there, and turning the upper floors into residential space.

“We talked about potentially doing furnished corporate loft-type space for some of the companies we have here,” she said. “We’re always getting requests for furnished space.”

The building has one section with three floors and another with two floors.

Tabelski also mentioned the need for corporate rentals and boutique hotel space in Batavia.

“When they look at their return on investment, they’re not just going to look at residential, they’re going to see if some of these mixes could work there,” she offered, mentioning The Shirt Factory Café in Medina as a prime example of mixed-use success.

There, the first floor houses a coffee shop, hair stylist and mead works, while the second floor has an attorney’s office and boutique hotel room in the loft space, and the third floor features boutique hotel rooms.

“In a way, the business model could be very similar to Carr’s. A very different building, very historically-significant -- The Newell Shirt Factory in Medina – but the mix of tenancy could be a great example for them to look at and follow.”

She said some preliminary work was done on the Carr’s site before COVID-19 hit “and now they’re getting back to it.”

“It’s nice to see it get moving along because when looking at all of the projects, that is the one that needed to advance through the necessary stages,” she said.

Contacted this afternoon, Mistler said that he has not contracted with Urban Vantage at this point and any information on what the renovation ultimately will look like is speculation.

Photo by Mike Pettinella

This afternoon’s approval of a new sales tax allocation agreement with the City of Batavia – a move that clears the way for the annual distribution of $10 million in sales tax revenue to Genesee County towns and villages – was a significant moment in the eyes of County Legislature Chair Rochelle Stein.

So significant, in fact, that she marked the occasion with a resounding swing of her gavel on its wooden block.

“I’m excited (by this),” she said after legislators unanimously passed the “Modified Amended and Restated Sales Tax Allocation Agreement Between the County of Genesee and the City of Batavia.”

Stein, no doubt, also was relieved that lawmakers passed this and a subsequent, connected resolution ratifying the Town of Darien’s willingness to enter into an “Amended and Restated Water Supply Agreement” with the county.

On the first resolution, the sales tax allocation agreement between the city and county doesn’t change, but it does add wording statilng that the city has no objections to the county’s plan to distribute $10 million in sales tax money collected on a yearly basis to the towns and villages for the next 38 years.

The second resolution was made possible when the Darien Town Board, on Wednesday night, voted to sign a new water supply agreement with Genesee County. Darien was the last municipality to opt in and, by doing so, enables the county to share the full $10 million in sales tax and not a combination of sales tax and other revenue.

The new water supply contract – it’s the same for all municipalities – gives the county the right to raise the surcharge on water usage beyond the 60-cents per 1,000 gallons level, but also requires the county to petition the Monroe County Water Authority in seven years to enact an equalized water rate throughout the county.

“Sharing the $10 million was the goal of this legislature,” Stein said, as she congratulated her colleagues on achieving that goal.

In other action, the legislature voted in favor of contracting with EFPR Group, CPAs, PLLC, of Williamsville, a consulting firm, for assistance in how to spend money received from the American Rescue Plan Act.

The contract is for up to $10,000 for the two years of the contract, which includes the option of three, one-year renewals. The cost will be paid from ARPA funds.

County Manager Matt Landers told legislators that the ARPA grant can be used to fund water and broadband projects, but there are “a lot of nuances” to the guidelines. He said EFRP has “extensive experience” in this area and is familiar with the process.

Landers also said he doesn’t think it will cost $10,000 in the first year, but probably closer to $5,000.

Previously: Darien opts in to water agreement after receiving assurances that county will pursue equalized rate

If the number of sponsors is any indication, next Tuesday’s Batavia Police Community Night Out should be quite an event.

Thirty-seven business, organizations and individuals have signed on to support the outreach, which is scheduled for 5:30 to 8 p.m. Aug. 10 at the City Church St. Anthony’s campus at 114 Liberty St.

“We’re excited over the response to this initiative, which is aimed to bring the community and police together to build positive relationships, and to highlight the various services available,” said Detective Matthew Wojtaszczyk, event coordinator.

Wojtaszczyk mentioned that a “secondary goal” is to raise money for the City of Batavia Police K-9 program, specifically K-9 Officer Stephen Quider and his dog, Batu. The duo and Genesee County Sheriff’s Deputy Andrew Mullen and K-9 Frankie are expected to demonstrate their abilities at the gathering next week.

Batavia Downs Gaming and Western New York Heroes, Inc. (which provides services to veterans) are diamond sponsors of the event that offers entertainment in the forms of a bounce house, balloon artist, games at vendor booths, and pony rides through A Horse’s Friend Trail Riding & Youth Programs based in Rush.

Additionally, Police Chief Shawn Heubusch and Assistant Chief Chris Camp have offered their services at the dunk tank, which will raise money for the K-9 fund.

The Batavia Fire Department will conduct car seat safety checks in the public parking lot next to Wortzman Furniture.

Vendor agencies include Genesee/Orleans Council on Alcoholism and Substance Abuse, Genesee County Youth Bureau, Genesee County STOP-DWI, Genesee County Probation, Tobacco Free WNY and Batavia Community Schools.

Wojtaszczyk said a designated bus drop area will be set up at Central and Pringle avenues that night, with handicap parking available in the lot located at 236 Ellicott St. (just south of Borrell’s Gym).

Other sponsors are as follows:

Gold -- City of Batavia, Western New York Association of Chiefs of Police, New York State Association of Chiefs of Police, City of Batavia Fire, Graham Corporation, Chapin International, Extended Sound, Genesee County Sign Shop, Batavia City Church, Target, The Daily News. Eli Fish Brewing Company, Ken Barrett Chevrolet, WBTA, McGinnis Family, Tonawanda Valley Federal Credit Union, Genesee Family YMCA.

Silver -- Batavia Police Benevolent Association, A Horse’s Friend, Tompkins Bank of Castile/ Insurance, Batavia Family Dental, Northside Deli, Ficarella’s Pizzeria, Southside Deli, V.J. Gautieri Constructors, Inc., Genesee County Economic Development Center, Pathstone Corporation, Canisteo Police Club, Cedar Street Sales & Rental.

Bronze -- Tom Benedict and family, Bob Bialkowski, Habitat for Humanity of Genesee County, Notre Dame High School, O’Lacy’s Irish Pub, The Radley Family.

Photos from 2019 Community Night Out -- dunk tank and officers on horseback.

City of Batavia resident Phillip Boyd on Thursday said he has shelved his idea of a nine-hole disc golf course at Centennial Park in favor of working with city officials to place one at Williams Park on Pearl Street.

“It’s much larger than I originally thought,” Boyd said after taking a walk around the east and south portions of Williams Park with City Maintenance Supervisor Ray Tourt and City Parks Supervisor Brian Metz yesterday afternoon.

“Our talk went very well and there’s definitely a lot of potential for a nine-hole and we talked about possibly clearing out some of the woods in the right (southwest) corner for an 18 (hole course) in the future.”

Boyd said that he planned to return to the park today with a couple friends to map out a nine-hole course that would start near Pearl Street on the east side and proceed south along the east, southeast and south edges of the park.

He said he is hoping to attract sponsors for each hole to cover the expenses for tee pads, signage and baskets, figuring it would cost around $5,000. He also said he will be submitting his plan for Williams Park to City Manager Rachael Tabelski.

“Yes, I’ll have to do the same thing that I did to try to get Centennial Park; send in my course layout and proposal,” he said.

When asked to comment about the stir he caused with those living around Centennial Park, with many residents of that area rising up in opposition, Boyd said he wants to look ahead.

“Look, we all have our passions. Their passion was for Centennial Park’s history and mine is for disc golf,” he said. “I have no problems with leaving that behind now that there are other options available.”

Boyd also said he is willing to help those seeking to put an 18-hole course at Genesee Community College, and already has received quotes for the necessary equipment for that layout.

Photo: Brian Metz, left, Phillip Boyd and Ray Tourt looking at a map of Williams Park as they explore the possibility of placing a disc golf course at the Pearl Street recreational area. Photo by Mike Pettinella.

While she didn’t grow up in Batavia, Jill Wiedrick nevertheless considers her appointment as assistant city manager as a homecoming since she will be returning to the place where she spent seven years as a senior planner with the Genesee County Planning Department.

“I can’t wait to move back to the community and be part of it again. We’re really excited,” Wiedrick said by telephone Monday -- two days before the Elma native continues her career in government as a key member of the City of Batavia’s administrative staff.

Wiedrick (photo at right) said she came to understand “how great Batavia was" by having lived and worked here from 2006-13.

“Part of the reason (for taking the city position) is that my husband and I have two young kids and I’d like them to grow up a little bit the way I did,” said Wiedrick, who graduated as Jill Babinski in 2000 from Iroquois Central School. “I grew up in a small community – not that there’s anything wrong with the City of Rochester; I think it’s fantastic – but we wanted to try something different.”

She also indicated she decided to leave her job as manager of zoning for the City of Rochester to be closer to her parents, who continue to live in Elma.

“And, professionally, I’ve been really interested in city management and other facets of government. So, this seems like something that perhaps that I would enjoy and be successful at,” she said.

Education Includes Professional Certificate

A graduate of Geneseo State College, Wiedrick received her master’s degree in City/Urban, Community and Regional Planning and, this spring via online distance learning, earned a professional certificate in Municipal Finance from the Harris School of Public Policy at the University of Chicago.

She began employment with the City of Rochester as senior city planner in November 2013 before moving up to zoning manager in February 2020. She is credentialed with the American Institute of Certified Planners.

Wiedrick said that she relished her time as a Genesee County planner.

“I learned so very much and became such great friends with everyone. Jim Duval (the former planning director) was my first boss there and I cannot say enough awesome things about him. He continues to be a strong person in my life and a mentor,” she offered.

“And obviously, I worked with (current Planning Director) Felipe (Oltramari), who brings so much to the table in terms of helping the county and its municipalities be successful and how they want to look in the future.”

Oltramari said he was impressed with Wiedrick’s positive attitude and work ethic during her time at the planning department.

“Everyone always had good things to say about her work,” he said. “She was a hard worker -- very passionate about her work -- and I’m really glad that she is back in the area.”

Previously Interacted with City Manager

Wiedrick also interacted with City Manager Rachael Tabelski when the latter was employed as the marketing director with the Genesee County Economic Development Center.

“I got to know Rachael when I worked on projects with the GCEDC,” Wiedrick said. “On occasions we would be at the same meetings and run in the same circles, as far as development.”

Wiedrick said she is keen on economic development, stating that GCEDC officials and others realized that the Western New York Science & Technology Advanced Manufacturing Park project in the Town of Alabama was a long-term venture.

“Going into it, we knew that we weren’t going to see development occur immediately,” she said. “A lot of the things that you do in any sort of development is that you’re making an investment that is intended to be long term and to be developed over a number of years.”

She compared it to the planting of a tree.

“You don’t plant that tree for yourself; you plant it potentially for your children,” she said. “Much of development tends to work that way. In Western New York in particular, we’re planting the seeds now and we’re reaping the benefits maybe five or 10 years out.

“A good example is the City of Buffalo. Over the past 20 years, they’ve done a lot of small things and now we’re seeing the resurgence of Buffalo. Now, people are going, ‘Wow, how did this happen?' It has been calculated and people are taking steps knowing that we’re not going to see the benefits of these actions for a number of years.”

Promoting Genesee County

Wiedrick agrees that the $10 million Downtown Revitalization Initiative award will go a long way to expanding the city’s appeal and she is eager to have a role in its rejuvenation.

“To be a part of such a tremendous team, I feel that I am going to learn so very much from, and to have an impact on a place that is near and dear to my heart is incredibly exciting,” she said.

“I would tell colleagues from the City of Rochester, 'you’ve got to go to Batavia. You’ve got to check it out. It’s not just farmland. They just laugh at me and say, ‘OK. How did they do that in Genesee County?’ "

As the assistant city manager, Wiedrick will be responsible for various projects, including administrative services, organizational risk management, organizational values, community/neighborhood development, public relations, information technology and implementation of Enterprise Resource Planning software. She also will help draft the annual budget and take part in capital planning initiatives.

Her starting salary has been set at $91,800.

Tabelski said that Wiedrick’s extensive background in land use, planning, community engagement, policy development and budgeting as well as her proficiency with technology mesh well with the requirements of the city position.

Putting Technology to Good Use

“Jill brings a wealth of knowledge and experience gained through her professional roles in government including with the Genesee County Planning Department and City of Rochester Zoning Department,” Tabelski said. “She will make an immediate impact to the city organization -- focusing on supporting the ongoing software implementation projects, neighborhoods, community development initiatives, and administrative needs.

“She is a positive, outgoing professional who will participate with residents and businesses to make improvements. I am glad she choose the City of Batavia to call home, and look forward to working with her.”

Wiedrick said she has an eye on utilizing technology to enhance the quality of living in Batavia and the surrounding area.

“One of the things that I’m excited about working on is community development efforts, and I’m also going to be working a lot with technology – which I am very comfortable with,” she said. “What I’m intrigued about -- and have been for the majority of my career in government – is what forms of technology can be used to make things easier for the public and make things easier for staff.”

Wiedrick is married to Andrew Wiedrick, a quality assurance analyst at Excellus Blue Cross/Blue Shield in Rochester. The couple has a son, Ty, who is turning 6 this month, and daughter Jolene, who turned 3 in May. The family is in the process of moving to the city.

An accomplished violinist, she plans on performing with the Genesee Symphony Orchestra in the near future.

File photo: Jill Wiedrick performing with the Genesee Symphony Orchestra. Photo by Howard Owens.

The City of Batavia’s Bureau of Inspections is giving management of the Northside Meadows apartment complex at 335 Bank St. until Sept. 1 to rectify roof and driveway maintenance issues or risk court action.

A violation notice dated July 1 and issued by Doug Randall, city code enforcement officer, to Northside Meadows Association, which is managed by David Renzo of V&V Development Corp., indicates that his investigation found the following items to be in violation of the Property Maintenance Code and Residential Code of New York State:

• Roofs and drainage. The asphalt roof coverings are deteriorated, missing material, and not maintained in a sound and tight condition on two of the three residential buildings located on this property. You must repair or replace the roof covering using approved materials.

• Roof covering materials. Two of the residential buildings have been covered with grey plastic tarps. The tarps are not approved roof covering materials.

• Sidewalks and driveways. The asphalt driveway and parking areas have uneven surfaces with loose and missing materials in various areas throughout the property. You must maintain these areas in a proper state of repair and eliminate hazardous conditions. Immediate action must be taken to ensure safety.

The notice, which was obtained by The Batavian through a Freedom of Information Law request earlier today, also states the following:

That a building and/or plumbing and/or electrical permit may be required to make some or all of these corrections. If a permit is required you must obtain one prior to starting work on the items for which the permit is needed. All corrections not requiring a permit should be commenced immediately.

Contacted about the violation notice along with a tenant’s report of a leaky ceiling in one of the Building B apartments and other issues, Renzo said he has a “workout plan” in place to correct the situation.

It should be noted, that the property manager had a similar reply in a June 22 story by The Batavian on similar problems at Le Roy Meadows, another low-income housing project overseen by V&V Development. (More on that at the end of this story).

“Workers will be here tomorrow at 7 a.m. to put more tarps on the building so we can fix the ceiling in that apartment and we have plans to put new roofs on Buildings B and C this summer,” Renzo said. “We’re in the process of contracting with a roofing company right now.”

Northside Meadows, located just west of Walden Estates, consists of three buildings – A, B and C – with eight apartments (four lower and four upper) in each building.

Renzo said he also is soliciting bids to fix the large potholes in the driveway.

Saturday’s heavy rain caused a build-up of water on the roof of Building B and, eventually, resulted in a leak in the ceiling.

Renzo said he went to the apartment, staying there for three hours to shore up the ceiling – punching additional holes in it to relieve the water pressure.

“We had four inches of rain … and this could have happened even with a new roof; the water accumulated in the valley of the roof,” he said.

He explained that he punched some more holes in the ceiling to prevent it from bubbling and placed plywood on the ceiling, supported by long boards extending to the floor.

Meanwhile, the woman who had just moved in to that apartment was forced to evacuate, and is staying with her mother until it is fixed, Renzo said.

“She’ll be out a couple days … but she was all happy because we’re giving her a month’s free rent,” Renzo said.

Currently, tarps are covering Building B and Building C (which is not in compliance with city code), while the roof was replaced on Building A 10 years ago – only after receiving violation notices from the city.

The tarps on Building B and Building C have been in place for at least eight years.

The mother of the tenant who did not disclose his/her name called the property “a hot mess,” citing evidence of drug use, mold, car repairs in the parking lots and excessive noise.

“Starting from the street, you’ve got craters in the driveway that do not get fixed,” said Connie Porter, a Birchwood Village resident who provides rides for her son/daughter. “For several years – and I don’t mean days and I don’t mean months – these roofs have been covered with tarps. Let’s not fix them. Let’s keep collecting rent and leave them.”

Porter said there is no policing of tenants who are violating the rules.

“There are people that are taking advantage of putting their cars in there and doing work that should be done at a mechanic’s shop,” she said. “And at Building C – the needles There is not one diabetic that I know of who goes outdoors to inject themselves with insulin and throws it on the ground. Something else is going on. Plus, the noise at all hours of the night.”

She asked what it was going to take before something gets done.

“Why should it be that you have to turn somebody in before the landlords … actually do something to keep the place the way it should be? Are they going to wait until somebody gets hurt or dies? That’s a health risk over there … a serious health risk.”

Renzo responded by saying that the police, specifically the drug task force, are “very well aware of the situation.”

“The problem is that if they know someone is doing something, it takes about a year to build a case,” he said. “The next plan of action is that we’re going to be putting video cameras in, probably, which would help. That’s our plan – to put video cameras in each building in the common areas.”

He said the management firm’s accounts receivable are thousands of dollars in arrears because many tenants have not paid rent since the COVID-19 pandemic took hold.

The federal moratorium on eviction ends on July 31, and the state moratorium concludes a month later.

“I sent a letter last week to all the people who haven’t paid and let them know the eviction moratorium is ending …,” Renzo said.

He said that all prospective tenants are subject to background checks and sex offender checks.

“Back in 1993 when the place was built, things were so much different,” he offered. “Now, all these people from Rochester are moving into town and there is a criminal element we’re dealing with. You rent to a single mother with children and her boyfriend comes in from Rochester …

“If there’s any drugs involved, the police are called and they’re doing their part. It’s no different than any other apartment complex.”

Renzo said he has yet to receive a complaint about mold in the apartments.

He advised that he is working with the United States Department of Agriculture on a plan to get the roofing replace before fall and also to pay off $60,000 in back taxes owed to Genesee County.

Renzo said the facility is owned by Northside Meadows Associates, a limited partnership.

He said that 95 percent of it has been syndicated to a company called Sterling, which utilizes National Tax Credit Fund No. 37, a real estate investment trust based in Manhasset. Renzo said he has only a 2 1/2 percent stake in the complex, with the remaining 2 1/2 percent owned by a local rural preservation company.

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LE ROY MEADOWS UPDATE

Renzo said the investment group from California is submitting a workout plan to the USDA and “we expect funds to come in within a week or two.”

“Back taxes are being taken care of by the vouchering of HUD (Housing & Urban Development) money,” he said. “HUD and the USDA have agreed to the plan.”

The county is owed more than $600,000 in back taxes at the 10-building, 80-unit complex at 18 Genesee St., which also is in immediate need of roof and driveway repairs.

Previously: Le Roy Meadows manager says plan will address $600,000 in back taxes, needed repairs

Photo at top: Driveway at Northside Meadows apartment complex. Photos at bottom: Tarps covering Building B; sign along Bank Street. Photos by Howard Owens.

Learning that Batavia lawmakers apparently have squashed his vision of placing a disc golf course at Centennial Park is not sitting well with 27-year-old Phillip Boyd, the Hart Street resident who pitched the idea at a City Council meeting in late May.

This past Monday, Council members – responding to complaints from homeowners living near the tree-dominated park in the northwest quadrant of the community – agreed that Centennial Park is “off the table” as a potential location for a nine-hole layout for a sport that has gained in popularity in recent years.

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SIDEBAR: Western New York: A Hotbed for Disc Golf

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Boyd is an avid disc golfer who competes in a league at courses in the Buffalo/Niagara region and has played at courses closer to home, including one at Hartland Park in Bergen. He said he’s not giving up on his push to have a disc golf course in Batavia and sees the 14-acre parcel across from the New York State School for the Blind as the perfect place.

“I’m definitely going to still try to get it there,” he said on Friday. “The main thing that I’m disappointed in is that the argument that they have is ‘keep it a green park’ when it has never truly been a green park. And, also the idea of the traffic being around there.It’s a park. It’s not busy now and parks are typically busy.”

Boyd said numerous people have told him that Centennial Park is rarely used.

“That’s the thing that should be changed -- to actually use a giant open space, and actually use it in Batavia. We have no activities around here. There’s nothing to do; everyone has to go to Buffalo and Rochester,” he said.

“These smaller towns like Bergen, Pembroke; they can do these, but Batavia can’t. That’s why we’re so far behind and why Batavia is a declining city. We aren’t the true hub of Genesee County. Everyone’s leaving Batavia because there is nothing to do here.”

JANKOWSKI: FOLLOW THE PROCESS

City Council President Eugene Jankowski Jr. said he and his colleagues do support events and activities, regularly approving requests from community organizations that are submitted to city management and staff.

“There’s a procedure and a process for these types of things and putting in a disc golf course at a city park is no exception,” Jankowski said. “Mr. Boyd was requested by Council to hand over his plans and documents to the city manager (Rachael Tabelski) for review and to get that process started, but he has yet to do so.”

Jankowski said Boyd appeared at two Council meetings, stating his case for disc golf during the public comments session.

“He was asked twice to submit the paperwork to the city manager, but instead he showed up at two City Council meetings and has yet to submit his written plans,” he said.

When this was mentioned to Boyd, he said he intends to hand in the information (sketches and a detailed course layout at Centennial Park) on Monday – July 19^th, the deadline that he says he was given by Tabelski.

The Council president said his main issues with Centennial Park are that it has no facilities -- specifically bathrooms and amenities that are available at other city parks -- and that the only parking is along city streets.

“We’re willing to work with Mr. Boyd to find a better place, including working with our partners at neighboring towns and with Genesee County to try to make this happen,” Jankowski offered. “We’re not against disc golf, and are willing to look at other alternatives.”

BOYD: ‘SOME AREN’T OPEN TO CHANGE’

Boyd said he has walked the other parks in the city and finds that none of them, except maybe Williams Park (depending upon how much land the city owns at that location), would be acceptable.

“The Council president said that Centennial is off the table,” Boyd said. “If he is going to do that for 150 signatures and 12 people who showed up at the (July 12) meeting, that’s a problem. If I come with as much support as I have – a lot more than 150 signatures -- and he is still going to stand with that, then you’re not really being open to the idea of change in Batavia.”

“If Batavia is the hub of Genesee County, the lone city, we should be the one to lead the way for all the towns. Why do so many towns in our area have more activities than the city? There’s no reason for that.”

Boyd said he “feels comfortable with the amount of support he has and it’s building,” noting that he has reached hundreds of people through various social media platforms.

Jankowski questioned Boyd’s petition, which he said is on change.org.

“That’s open to anyone in the country,” he said. “How would that have anything to do with people who live here?”

DIFFERENCES OF OPINION

Residents of Ellicott Avenue and Park Place, two of the streets that border Centennial Park, came to last Monday’s meeting and urged Council to keep the park as it is – without any permanent structures other than trees – now and into the future.

Some brought up the “negatives” associated with disc park, but most were there to profess their affection for the park in its current state.

Before they had a chance to voice their opinions, however, Jankowski said that he had received information that Boyd had backed off on having the course at Centennial Park due to the neighbors’ concerns and was open to other locations.

When that was conveyed to Boyd yesterday, he said that he never agreed “with just dropping this.”

“I said if there was a good enough reason why they didn’t want it here other than it is a green natural park, which technically it is not, (then I would listen),” he said. “But it hasn’t been that at all.

"They say traffic. If you put anything in any public space, that public space will be used more. Therefore, there will be more traffic. If they have a better opposition except just those small things, I’ll leave it alone.”

He then said that a nine-hole pitch and putt golf course used to be at Centennial Park in the 1960s.

“No one wants to bring up that golf balls do way more damage than a disc could ever do,” he said. “The park used to have a fountain and a pond before things got changed over. Then, in time it was stopped and taken care of by New York State and then they gave it over to the city.”

CITY IS WAITING FOR INFORMATION

Tabelski said that an email from Maintenance Supervisor Ray Tourt indicated that he spoke with Boyd, who said he was willing to look at Kibbe and Williams parks if Centennial wasn’t available.

“The confusion stems from the fact that Phil has yet to submit the information that the Council president and staff has requested,” she said. “Even taking Centennial Park out of the mix, if you look to work with the city, there is a process to follow.”

She said that process includes review of any requests by the city manager, department heads and city attorney, considering financial and insurance implications. Once the review is complete, it then is brought forward to City Council for discussion and potentially to a vote.

“We’ve engaged with him and we’re waiting for his plans and documents,” she said, reiterating Council’s decision. “City Council will not consider Centennial due to its historic use and importance to the community.

“It was clear that it was the strong sense of Council that it is inappropriate. Phil has not reached out to myself or the Parks Department to further discuss an alternative location.”

DISC GOLFERS: A RESPONSIBLE GROUP

Boyd defended the disc golf community, one that he says is “very big on being as respectful as possible” and provided examples where disc golfers have won over those who initially were against them. He said disc golfers police each other and prioritize keeping the courses in top shape and free of debris.

“If somebody notices that someone does something not typical of our community, they’ll speak up to them and say, ‘Hey, that’s not what we do. Don’t make us look bad. Please refrain from doing that, and do it this way,’ ” he said.

He said disc golfers carry out the trash they carry in where no garbage cans are provided, and some disc golfers walk the courses to pick up trash left behind by other park goers.

“There’s plenty of room at Centennial Park,” said Boyd, comparing it to Pine Woods Park in North Tonawanda. “When they first started to put a course at Pine Woods, the residents in the neighborhood were so against it. They had picket signs in their front lawns that read, ‘No to disc golf.’”

“But eventually they got the course approved and they put in a nine-hole course. Two years after that, even after they had continued pushback from the neighborhood, the city approved an increase to an 18-hole course because the city realized how many people were coming to play. It was huge; the park was actually being used again.”

He said he mirrored his course layout after Pine Woods because it is similar to Centennial Park.

“The way I’ve set it up is that there will be room for other activities and still have disc golf,” he said, adding that it would take up about two-thirds of the park, stopping short of the hill used for winter sledding.

He said that he told Tourt that he walked all of the other parks and “there’s no other true park in Batavia other than Centennial that will give you a disc golf course that will bring anyone to it.”

CENTENNIAL? PAR FOR THE COURSE

Boyd said his nine-hole course works so well at Centennial Park because of the abundance of trees.

“You can set trees up in a fairway to make it more difficult hole. You can make holes so much shorter as long as the trees make it more difficult,” he explained, showing a printed Google map of the proposed course. “A few friends and I have placed portable baskets at the park and played the course a few times, and it works out great.”

He said the first hole starts at the corner of Park and Ellicott and is angled inward toward the park to avoid the road – a par 3, 300-foot shot. He said he tried keep everything away from the roads to avoid any possible danger.

“It works down Park Avenue for two of the holes and the third hole comes back toward the center of the park. The fourth hole goes about 50 feet short of the walkway and hole five brings you back down to the middle of the park,” he said.

“Six and seven are in the middle of the park, eight brings you to the outside and hole nine is up at the corner of Richmond and Ellicott and brings you down to where you first started.”

He said the average hole length is about 225 feet.

Hartland Park in Bergen has a nine-hole course that is similar to the one Boyd has drawn up. There, he said, disc golfers coexist with those walking their dogs and using the park for other purposes.

“There was opposition at first from people saying they didn’t want discs thrown in their backyards,” he offered. “That’s not the case anymore because people realize that the disc golf community is a good community, and there’s really no true harm in it. And people still walk their dogs there; I see them while I’m playing.”

COUNCILPERSON-AT-LARGE WEIGHS IN

Councilperson-at-Large Robert Bialkowski said he has been trying to educate himself about disc golf, talking to managers and officials at Darien State Park, Beaver Island State Park on Grand Island, and Lincoln Park in Buffalo – places that offer the activity.

He said the consensus is to have these courses away from the general public.

“The manager at Darien Lakes State Park said they have it on trails that aren’t used much,” Bialkowski said. “And the discs aren’t Frisbees; they’re special discs for different uses – short range, long range. If you get hit by one, it’s going to sting.”

He also said courses should be equipped with trash cans and some need additional landscaping to make them work.

“The manager at Lincoln Park said they have an 18-hole course that used 16 to 20 acres and it works out pretty well, except for one part that is near a picnic area,” he said.

Bialkowski explained that Batavia’s smaller neighborhood parks may be able to support a disc golf course, but noted that baseball and other athletic fields have taken space that previously was used for walking and hiking.

GCC COULD BE A POSSIBLE SITE

As far as Centennial Park is concerned, he said citizens have spoken, they enjoy the park as it is and Council has rendered its decision.

“Being an at-large councilman, I represent all of the citizens of the city,” he said. “We have to do our homework. I’m disappointed that Mr. Boyd isn’t satisfied with our process, but that’s the way it is.”

Jankowski said that he heard there was movement toward putting a disc golf course at Genesee Community College and encouraged Boyd to look into that as well as other possibilities.

“There might be better options out there and I find it interesting that he is so focused on one area and not any other opportunities that might be even better,” he said. “Let’s look into it.”

Boyd, in response, said he is aware of a course proposed for GCC and is assisting those who are spearheading that effort as well.

"They were having problems with finding funding and I’m now working with them to get the funding and quotes for the baskets, tee pads and signs with the people I have connections with," Boyd said, adding that it opens up the prospect of having disc golf courses in both the town and city. 

Previously: Residents speak out against disc golf at Centennial Park

Photo at top: Phillip Boyd, wearing his disc golf jersey, displays his plans for a course that he hopes will find its way to the City of Batavia. Photo at bottom: The course that he designed for his preferred destination -- Centennial Park, which has been removed from consideration by City Council. Photos by Mike Pettinella.

Photo: 400 Towers at 400 E. Main St.

It can be said that housing authorities such as those under the auspices of the U.S. Department of Housing and Urban Development provide safe and affordable dwelling places for millions of low-income people in need.

But it also is true that these quasi-nonprofit enterprises benefit from their tax-exempt status, giving private landlords cause to question the fairness of the framework by which they exist.

You can draw a line from the preceding statements to the Batavia Housing Authority, a four-location government agency that offers HUD-subsidized apartments for senior (62 and older) and disabled tenants.

The BHA, which by New York State law is exempt from paying property taxes, receives subsidies from HUD to bring the monthly rent closer to the market rate and also receives periodic federal grants to help with renovations and maintenance across its buildings.

Executive Director Nathan Varland, during an interview with The Batavian last week at his office at 400 Towers, said he sees the Batavia Housing Authority as a much-needed public housing option considering the increasing number of senior citizens and permanently disabled residents who are struggling financially, especially as costs increase in a high-tax state such as New York.

AVERAGE RENT COLLECTED: $358

“The Batavia Housing Authority exists to provide safe, healthy and affordable housing for people who cannot realistically afford market rent,” he said. “The average rent collected is around $358 right now, and the federal subsidy is about $182 per apartment. Those amounts cover our monthly expenses, but our aging infrastructure requires some capital investment for the organization to be viable long-term.”

Recently, the BHA received a federal capital grant for $377,000 for renovations, including electrical systems and elevators, Varland said.

“Our margins are very low and it’s hard to stay efficient,” he said. “The capital grants that we apply for and (periodically) receive are vital. We wouldn’t be able to stay in business without them as half of our people can’t use the stairs.”

Varland describes the BHA as a “standalone government entity” that has entered into a Payment in Lieu of Taxes agreement with the City of Batavia that enables the housing authority to pay about 75 percent less in property taxes than what a nonexempt organization would pay.

He said the PILOT has been in force for many years, likely back to when the buildings were finished in the early 1970s.

FOUR LOCATIONS IN THE CITY

Photo: The Terraces at 193 S. Main St.

Photo: Edward Court at 15 Edward St.

Photo: The Pines at 4 MacArthur Drive.

The buildings of the Batavia Housing Authority are as follows:

• 400 Towers at 400 E. Main St., (photo at top), a high-rise facility with 148 apartments over eight floors for senior citizens and people with permanent disabilities. Most of these are studio and one-bedroom apartments.

• The Terraces at 193 S. Main St., 26 apartments.

• Edward Court at 15 Edward St., 13 apartments.

• The Pines at 4 MacArthur Drive, 10 apartments.

The apartment complexes on South Main, Edward and MacArthur are three- and four-bedroom townhouse-style units for households of three or more people and, currently, all are full, Varland said.

Varland said the BHA owns its own properties with HUD having a controlling interest. Monthly rent is based on 30 percent of a tenant’s adjusted annual income (or 10 percent of the gross income), with maximum income limits depending upon household size.

Current rents for studios, one- and two-bedroom apartments include cable and utilities, and range from $490 to $675. He said that some people with little or no income pay as low as $50 per month in rent.

Three- and four-bedroom apartments are priced at $593 and $611, respectively, with a utility allowance deducted for those on subsidized rent.

PILOT AGREEMENT IN FORCE

According to the New York State law, municipal housing authorities that are project financed or aided by the federal government or municipality, not by the state, are exempt from property taxes but can be subject to special assessments, levies or PILOT agreements.

The law reads as follows:

Payments in lieu of taxes -- None required. However, if payments in lieu of taxes are fixed or agreed upon by the municipality, such payments may not exceed the taxes last levied on the property prior to its acquisition by the MHA unless such project is federally financed or aided and the federal government has consented to a greater amount.

After years and years of studies, citizen task force recommendations and broken promises to City of Batavia police officers, the Batavia City Council may be ready to pull the trigger on construction of a new $10.8 million police headquarters on the parking lot at Alva Place and Bank Street.

Lawmakers, during a Special Conference Meeting tonight at City Hall Council Board Room, listened to a presentation of a City of Batavia Police Station Feasibility Study – hearing from Kenneth Pearl, president of Architecture Unlimited LLC, of Williamsville; City Manager Rachael Tabelski, and Police Chief Shawn Heubusch on what it would take to finally move its law enforcement personnel out of the 160-year-old Brisbane Mansion at 10 W. Main St.

“This has been going on so long that now we’re spending $10 million for a building that if we would have built this six, eight, 10 years ago when we were talking about it, it would have been a few million – three, maybe four (million),” said City Council President Eugene Jankowski, a retired city police officer who is well aware of the poor conditions at the current station.

“Every time they (apparently referring to past City Councils) wanted to come up with a price, they would decide to spend tens of thousands of dollars on another study, and they would turn right around and try to say let’s merge, let’s eliminate, let’s become one police department. There wasn’t public support for that; there wasn’t availability to make that happen. It wasn’t feasible and it wasn’t cost-effective to do that.”

Jankowski said that the city abandoning its police force – putting that responsibility on Genesee County – would be unwise.

“I’ve lived in the city and I expect to have a policeman and a fireman nearby when I need one, if my house is on fire or if I’m in trouble … we need our police department,” he added.

Pearl reported that If City Council is indeed serious about building a new home for its police department, it is going to cost $10 million or more, depending on when they build due to the unstable construction climate.

His analysis indicates that the $10.8 million cost of a 19,000-square-foot building, complete with enclosed parking for more than 30 cars, would break down as follows:

• Batavia Police Department Building -- $6,270,000;
• Site Work – Building Project, $570,000;
• Site Work – Public Parking Modification, $660,000;
• Site Environmental Contingency -- $500,000;
• Contingency at 10 percent -- $800,000;
• Professional Fees – A/E/Survey/Geotech -- $880,000;
• Furniture, Fixtures, Equipment -- $650,000;
• Professional Fees -- $390,000;
• Project Expenses -- $80,000.

Should City Council decide to add a secure parking roof structure – a steel roof with no walls or heat -- that would add another $2.65 million to the price tag. Pearl’s report listed that feature as an alternative, along with the installment of an eight-inch water main to replace the current four-inch water main, and a Bank Street improvement public infrastructure program to include traffic calming and pedestrian safety enhancements.

As far as paying for the facility, Tabelski proposed a $10 million improvement serial bond with a 30-year term, noting that annual payments would range from $425,000 to $507,000 for principal and interest.

She said the city, by 2025, could absorb debt payments of $570,000, adding that in the next three years, debt from an energy lease, tandem axle municipal lease and the Enterprise Resource Planning software system will be off the books.

“While there will not be room for other borrowing in the general fund, by 2033, City Hall principal and interest payments will be reduced by $164,000 and by 2036, the entire debt will be paid on City Hall,” she said.

Tabelski said she will be looking for grants in an attempt to drop the amount needed to borrow under $10 million.

Heubusch advised Council of the conditions at the current police station, mentioning a 50-year-old boiler system, deteriorating walls, leaky roof, cramped quarters, lack of air conditioning and inconsistent heating.

In fact, the roof is in such disrepair that Council tonight passed a resolution to spend $100,000 from the municipality’s facility reserve fund to replace the flat portion of the 30-year old roof.

An analysis of that building showed that the flat roof portions above the rear vestibule and the rear addition require a full replacement. Currently, the roof is leaking into the conference room, locker rooms, detective offices and women’s and men’s bathrooms.

Pearl said he considered “four basic criteria” as he evaluated the possibility of a police station at Alva and Bank:

1. “Could we save an adequate amount of public parking that could still be used by its neighboring businesses?”
2. “Could we create enough secure parking within the wall or fence system for the police department itself?”
3. “How much underground public infrastructure are we going to have to deal with (pipes, utilities under the parking lot)?”
4. “And if we leave ourselves enough options after all that to go through a design and engineering process, would a viable project come out of it for the building itself?

Later on, he answered those questions affirmatively, stating that through substantial reconstruction about 115 public parking spots will remain in the lot with plenty of street parking available as well, and that there will be ample parking for police and other vehicles within the compound, next to the one-story facility.

He reported that basic elements of the project are a secure wall and gates, secure infrastructure (including an outdoor generator), storage space, open or covered parking and K-9 accommodation.

“Picture an L-shaped roof … what that allows us to do is create a public entry right here at Alva and Bank, which maximizes the public roadways,” he said. “Something that makes sense. You have the dedicated, primary entrance … you do not have that now.”

He said that police interaction with the community would be at the front of the building while operations and security would be placed toward the back.

Pearl’s report reveals the interior of the building will have a dedicated public entry space, front desk space, administrative offices, detective bureau, patrol offices and training rooms, emergency response team room, technical services areas (firearms, evidence storage, laboratory), accessory functions (locker rooms, break room, garage), interior infrastructure and community space.

Exterior spaces will include a public entry approach, flagpole, memorial area, landscaping, parking spots, generator, transformer, storage barn and K-9 lawn area.

Although he said the architectural and engineering process to get to this point has been complicated, the end result is that placing a building in the public parking lot “is a good option.”

“From a technical perspective, I’m very confident in saying that,” he said.

Pearl said construction could be complete by the end of 2023, but the current pricing would hold only if it went to bid within a year. He called the construction industry topsy-turvy right now, making it difficult to estimate costs.

To illustrate, he said the $8.8 million cost of just a 19,000-square-foot building (without fees and expenses) would have cost $5.7 million just three and a half years ago.

Going forward, Tabelski said the next steps would be putting out a request for proposal to architecture and engineering firms in September for design and surveying work, and then going back to City Council for contract approval/execution and a vote on final bond resolution around December.

City Council Member Al McGinnis was part of the City Police Task Force that worked on finding suitable locations for a new police headquarters about six years ago. He said that a lot of time and effort was spent by the committee and to see that nothing has changed is beyond disappointment.

"The fact that we have put our police through this for the past 20 years, 30 years is amazing," he said. "It violates just about every code you have for a police station. ... We talk, we talk, we talk and when we get done, we talk again. We kicked this can down the road. There's no more road and there's no more can. We have to do something."

Architectural sketches -- Top, the proposed City of Batavia Police Department headquarters at Alva Place and Bank Street (building in red with parking lot in purple); Bottom, parking lot showing 34 spaces for vehicles plus room for cars next to the building. A storage shed (orange) and K-9 area (green) are at left.

A favorite in the quest for a permanent site for the Genesee Country Farmers’ Market has emerged, according to the treasurer of Downtown Batavia’s three-days-a-week venture.

Sharon Brent on Sunday said that market officials have been working with City Manager Rachael Tabelski to find a fixed location after having to move to the other side Alva Place to the former JC Penney parking lot this year.

“It looks as though the Angotti Beverage parking lot (south of School Street) is a possibility,” Brent said. “We’ve discussed other sites but for one reason or another, they’re not big enough or just won’t work.”

Brent said Austin Park also was considered but the parking lot isn’t suitable.

The market opened for the season last Friday and will operate on Tuesdays, Thursdays and Fridays through Oct. 29.

Hours are 9 a.m. to 4 p.m. on Tuesdays and Fridays, and 9 a.m. to 7 p.m. on Thursdays. The market offers fresh produce, baked goods, flowers and crafts, as well as beer and wine tastings, and food vending trucks.

Brent said 30 vendors are participating on Friday and that she is no longer taking applications for that day.

“We’re sold out on Friday,” she said. “Space is available on Tuesdays and Thursdays.”

Currently, three vendors are signed up for Tuesday, eight from 9-4 p.m. on Thursday, and 11 from 4-7 p.m. on Thursday, she said.

Food trucks will be on site from about 10 a.m. to 4 p.m.. on all three days, and picnic tables are available.

NEW MANAGER IS ON BOARD

“Eat fresh, buy local.”

That’s the mantra of Kathryn Cringoli, (photo at right), a resident of Batavia for the past 18 months, who was hired last month as the market’s new manager.

The Hilton native said she is eager to promote and expand the market to attract as many vendors and customers as possible, noting her passion for all things agriculture and fresh, locally grown products.

Cringoli has extensive education and experience in agriculture as she has a bachelor’s degree in Food Science and Sociology from San Diego State University and has worked as a caterer, bed & breakfast operator and at a hydroponic greenhouse in Hilton.

She also worked many years for the Rochester Red Wings at Frontier Field, and currently works part time at Tops Friendly Market in Batavia.

Cringoli said she moved to Batavia because her boyfriend is a student at the University of Buffalo Law School.

She said that 2020 was a very tough year for everyone, especially for farmers.

“A lot of them couldn’t unload their produce to the wholesalers or to the restaurants … so a lot of produce went to waste,” she said.

Cringoli said she hopes to get 4-H members and culinary students at Genesee Valley BOCES to participate at the market this summer, and emphasized that people getting SNAP (Supplemental Nutrition Assistance Program) benefits are eligible to buy fruits and vegetables there.

“I'm delighted for this new opportunity,” she said. “Eat fresh, buy local is what I am striving to instill into this community.”

Failure to report an injury in a timely fashion is the basis for a decision by the Appellate Division of a State Supreme Court to disallow a claim by City of Batavia Fire Chief Stefano Napolitano for workers’ compensation stemming from a work-related slip and fall in December 2018.

In a four-page ruling handed down last week, the Supreme Court, Appellate Division, Third Department agreed with the Workers’ Compensation Board that since Napolitano waited until after 30 days had elapsed to report the injury, his claim for benefits was invalid.

According to the ruling, the chief waited until April 2019 to file his claim as he contended the injury to his right knee became “progressively worse” as time went on.

Workers' Compensation Law §18 requires that a claimant seeking workers' compensation benefits must provide written notice of an injury within 30 days after the accident causing such injury. 

The Appellate Court’s decision indicates that Napolitano “admittedly neither reported the incident to the employer nor sought medical treatment for approximately four months – opting instead to just ‘muscle through’ it by self-diagnosing and self-medicating his injury … until he reached the point where ‘the pain just would not subside.’ ”

Napolitano declined to comment on the matter.

The city’s Memorial Day parade coordinator is promising a couple of surprises for Monday morning’s march from Eastown Plaza to Bank Street.

“We’ve been getting a lot of responses now, including a call from the Batavia Muckdogs, who said they will surprise us with something,” City Council member Robert Bialkowski said today.

When asked if some of the players will be participating, he said, “That would be nice, and it would be a first.”

Bialkowski also said that Dan Di Laura, owner of Dan’s Tire & Auto Service Center, agreed to park his new recovery truck at the corner of Main and Bank and fly a huge American flag from the vehicle’s 50-foot boom.

Additionally, 400 U.S. flags will be given to children along the route, he said.

“We welcome our veterans to join us,” he said. “Some will be riding and some will be walking, but all of them will be in front – right behind the color guard – where they belong.”

The parade is scheduled to start at 9:45 a.m. from the plaza.

Previously, Bialkowski said that the Batavia High School band will perform and he was hoping that other musical groups would as well. Marchers will include law enforcement and fire personnel.

To contact Bialkowski, call (585) 409-3624.

Press release:

The City of Batavia wants to remind residents how to access the various City departments for service requests or questions. Below is a listing of departments and what different services they perform throughout the City.  

“The City of Batavia employs 150 professionals, working different shifts and schedules, on behalf of the residents of the City to maintain public safety, provide fire protection, maintain streets, water, sewer, enforce local codes/ordinances, issue building permits, marriage certificates, hunting and fishing licenses, as well as many other services," said Rachael Tabelski, city manager.

"Access to these services are important and the guide below is a quick index of the main services each department performs, and how to contact the department."

If you are experiencing an emergency, always call 9-1-1.  

Department/Office / Contact / Services Provided

Dispatch Police and Fire Services

Call 9-1-1

Response for Emergency Situations (Fire, Crimes in Progress, etc.)

***********

Police Department

Phone: (585) 345-6350

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/police-department

Address: 10 W. Main St.

• Police records and reports
• Accident reports
• Police records check
• Tenant background check
• Community policing
• Crime prevention education
• School Resource Officer
• Property owner FOIL request (Freedom Of Infomation (Act) Letter)
• Vacation home check
• Traffic complaints
• Camera registry
• Alarm registry
• Safe trade location
• Sex offender registration/house check

***********

Fire Department

Phone: (585) 345-6375

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/fire-department

Address: 18 Evans St.

• Fire protection
• Fire investigation
• Fire prevention education
• Fire safety inspections
• CRS flood information
• Emergency preparedness
• Child passenger safety inspection/installation
• Smoke detector service
• Open burning questions

***********

Bureau of Inspection

Phone: (585) 345-6345

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/bureau-of-inspection-0

Address: One Batavia City Centre

• Reporting tall grass
• Reporting trash left on property
• Reporting cars parked in grass
• Reporting cars parked across sidewalk
• Street opening permits
• Vacant property issues
• Exterior code issues/violations on homes
• Junk cars
• Permits
• Inspections
• Information on flood plain and flood insurance

***********

Bureau of Maintenance

Phone: (585) 345-6400, option #1

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/bureau-of-maintenance

Address: 147 Walnut St.

• Issues with City trees
• Reporting potholes
• Reporting street sign damage
• Snowplowing questions
• Sidewalk issues
• City parks
• Street opening/closing permits
• Yard waste station

***********

DPW Administration

Bureau of Water and Wastewater

Phone: (585) 345-6325

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/bureau-of-water-wastewater

Address: One Batavia City Centre

• Street light issues
• Traffic signal problems
• Community Garden
• Crosswalk issues
• Fire hydrant issues
• Water or sewer issues
• Sanitary and stormwater issues

***********

City Clerk’s Office

Phone: (585) 345-6305

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/bureau-of-clerk-treasurer

Address: One Batavia City Centre

• Birth, death and marriage certificates
• Marriage licenses
• Dog licenses
• Handicap parking tags
• Payment of tax, water and other bills
• Hunting and fishing licenses
• FOIL requests (Freedom Of Infomation (Act) Letter)
• Event applications
• Overnight parking permits
• Pavilion rentals

​***********

Assessor’s Office

Phone: (585) 345-6301

Contact form:  https://www.batavianewyork.com/home/webforms/contact-form

Website:  https://www.batavianewyork.com/bureau-of-assessment

Address: One Batavia City Centre

• Assessment questions
• Grievance
• Property records
• Tax rolls
• Property tax exemptions

***********

City Manager’s Office

Phone: (585) 345-6330

Contact form:  https://www.batavianewyork.com/office-of-the-city-manager

Website:  https://www.batavianewyork.com/office-of-the-city-manager

Address: One Batavia City Centre

• General legislative requests
• Budget questions
• Contract questions
• Community engagement opportunities
• Assistance forming Neighborhood Action committees
• Finance
• Human resources
• Media requests
• Youth programs
• Comprehensive plan questions