city of batavia

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.

In the case of the BHA (actually classified as the City of Batavia Housing Authority by the Genesee County treasurer’s office), the PILOT paid to the City – and then disbursed to the county and Batavia City School District – is approximately one-fourth of the amount paid by a nonexempt organization.

Photo at right: BHA Case Manager Heather Klein, left, with 400 Towers resident Brenda Boyce.

For the fiscal year ending Dec. 31, 2020, the BHA sent a check for $64,879.74 to the City clerk-treasurer -- $14,638.65 to the city, $15,409.33 to the county and $34,831.76 to the school district. That’s 23.5 percent of the full amount of $276,539 based on the assessed value of the properties ($6.5 million) and the total tax rate of $42.54 per thousand of assessed valuation.

“We pay a PILOT every year and that’s an agreement when the housing authority was formed,” Varland said, noting that the buildings were finished in 1970 and 1971. “The formula is based on what we take in and some of our utility expenses that come off. It’s not insignificant – about 5 percent of our annual budget -- but it’s also not based on the full value of the properties.”

Genesee County Manager Matt Landers said he looks at it as a “glass half full” proposition.

“The pay a PILOT but, at the same time, they are a quasi-governmental nonprofit-type agency. So, if you think about it, other nonprofits might not pay any property taxes – churches, GCASA, Cornell Cooperative Extension,” Landers said. “I’m glad they’re paying something rather than nothing at all.”

BOARD OF DIRECTOR OVERSIGHT

While the BHA properties are not owned by the city, the city manager does appoint citizens to a board of directors that provides oversight.

“We advise Nate in the direction we think is best for the housing authority,” said BHA Board Chair Brooks Hawley, who has been part of the committee for about 10 years. “At our monthly meetings, we look at the budget, address resident concerns and come up with solutions to any issues as a team.”

A current county legislator and former City Council member, Hawley said that since the rents are less than market rate – even with the subsidies, the grants from HUD “help us out with things like elevators and big projects that (private) landlords usually don’t have in a residential home.”

“We have four properties and we try to keep them up and not have them depreciate to where we’re putting huge money into it.”

The current board consists of a chairperson (Hawley), vice chair (Roger Hume), treasurer (Tammy Hathaway), secretary (Teresa Van Son), City Council liaison (Al McGinnis) and two residents (Don Hart and Jason Reese).

Varland said that the board frequently deals with compliance and regulatory matters, and sets policy that aligns with regulations at all levels of government.

“Public housing authorities are some of the most regulated agencies around,” he said. “Regulations are in place for a reason, but it does require a lot of work to keep up – especially with a small staff like ours.”

PRIVATE LANDLORDS: IS IT FAIR?

The Batavian contacted two property owners with numerous houses and apartments in Genesee County, and both agree that the Batavia Housing Authority, with its subsidies and improvement grants, have the upper hand when it comes to finding qualified tenants.

“It’s tough. I understand that there is a need for supportive housing for a lot of tenants, based on income and need, but for us, there’s no PILOT or anything else on our properties,” said Duane Preston of Preston Apartments LLC.

“We pay the full tax amount and what hurts the smaller guy is when they (BHA) get $200,000 per apartment for renovations – cabinets, bathrooms. We would love to come into that kind of money for our properties, but we can’t as we’re based on market rate rent.”

Preston said that he does have tenants that get reduced rent based on their Section 8 status (where they submit a voucher for about a 10 percent discount off the average rental market rate for the area).

“The maximum for a one bedroom in that case is $710 with everything included, $850 for a two-bedroom and $1,050 for a three bedroom,” he said. “They just raised the rates on all of those.”

He said that it takes about four months of operations for the average landlord to cover taxes on the property – “and that’s before you figure in your mortgage interest, water bills, utilities and other things that you have to cover.”

When told that the BHA is a standalone entity that owns its properties, Preston asked, “Then why are they getting a tax break? Why doesn’t everybody get a tax break then? I thought it was owned by the City of Batavia, and if that isn’t the case, that’s definitely not fair.”

Preston also questioned why those BHA apartments couldn’t be offered at market rate and be subject to the Section 8 guidelines.

“And it’s kind of a suck on city taxes,” he said. “The city is paying fire department, police department, whatever, and it used to be garbage pickup. Luckily, we’re out of that business now. Still, it’s a suck on the city and we’re not getting the full taxes out of it. It’s a double whammy.”

BHA IMMUNE FROM RISING COSTS?

Jeremy Yasses of JP Properties said he feels that the BHA is immune from rising taxes and property assessments.

“In today’s day and age when budgets are tight for municipalities and taxes and assessments are being raised, it’s not affecting the Batavia Housing Authority. How fair is that to the common folks who work every day and their assessment goes up, their taxes go up and their cost of living goes up?” he said.

Yasses said he finds it hard to believe that the Batavia Housing Authority isn’t making a profit.

“You can’t tell me that they break even every year,” he said. “Why are we allowing them to be subsidized? Why did they just get all of those grants to update all their apartments, and society wants us to update ours, and we do it one at a time when we can. They can do all of them, all at once. And that’s not fair.”

He also said that if the BHA is indeed a federal government-run entity, the City of Batavia should have nothing to do with it.

“Why does the city have any say about what’s going on there?” he asked. “No one checks in with me to see how Jeremy Yasses and JP Properties is doing.”

VARLAND EXPANDS UPON GUIDELINES

Varland explained that the BHA is under Section 9, which he called a separate funding stream from Section 8 with separate rules.

“The way Section 8 works is that low income individuals apply for Section 8 and they get a voucher for rent. They can take that to a private landlord,” he said. “With Section 9, we’re responsible for all the compliance and have a high level of oversight.”

He said the oversight comes from the city’s board of directors, but the major player is HUD.

“We’re not city employees, it’s just that the city is the jurisdiction because we’re located within the city limits,” he said. “There’s two ways to look at it: If HUD says jump, we jump; if the city says jump, we’ll have a conversation about jumping. Still, we want to make sure that partnership is strong.”

When asked what would happen if the BHA were to dispose of its properties to an unrelated entity, Varland said the transaction would have to be approved by HUD and for the fair market value.

“It would also have to be used for affordable housing,” he said. “Basically, the mission of the organization (and its property) needs to be preserved.”

400 TOWERS: A SOCIAL EXPERIENCE

Varland said just about all of the 148 apartments at 400 Towers are rented, but two are coming open soon.

“Our wait list is pretty short, so now’s a good time to apply,” he advised.

He said the facility at the corner of Swan and East Main provides a “social experience with everything in one spot.”

“You move in and you’re ready to go. Those studios are here at 400 Towers, where we have trash chutes, the mail comes inside, a snack shop, some meals that resident volunteers provide at low cost, activities, and a case manager on site to connect to resources,” he said. “And we just opened a fitness center and a library."

The executive director said BHA is “stable” at this time, but there have been times when the HUD allowance has not been enough.

“It allows us to continue operations but we haven’t been able to keep the properties up,” he said. “Currently, we are able to maintain, but there are capital projects that need to happen in the next five years that we don’t currently have money for. But we’ve been able to keep the elevators working and keep roofs over the buildings – the basics – so we’re doing OK there.”

(Photo at right, Vicki Johnson, center, with 400 Towers residents Don Hart and Pauline Hensel).

He credited his staff for keeping things in order.

The administrative team consists of Vicki Johnson, housing manager in charge of recertification and property inspections; Abby Ball, leasing coordinator; Michelle Johnson, bookkeeper, and Heather Klein, case manager.

The maintenance staff lists four full-time employees and one part-time employee who are responsible for repairs and upkeep of all four properties. Varland said that he is looking to hire an entry-level full-time maintenance person.

COUNTING ON CITY PUBLIC SAFETY

Without its own security team, the BHA relies on municipal public safety agencies, Varland said.

“As far as security goes, we count heavily on the Batavia Police Department and Batavia Fire Department. They have been awesome,” Varland said. “They have been incredible supports and I don’t think that we could do this without them. We’re in a much better spot because of their support; it would be a struggle without them, plus our Genesee County EMS."

He said that 400 Towers has secure doors while the family units at the other locations each have separate entrances. A camera system also is utilized.

“I’ll put our maintenance staff up against any other anywhere,” he said. “They work really hard to make sure that doors, locks, windows are safe and secure. We make sure that everything is in good condition, and to the extent that we have money, we keep things durable and fresh.”

(Photo at right: Maintenance Supervisor Jim Green).

When asked about the frequency of evictions, Varland said that has not been an issue.

“There are a number of our residents who have had financial issues due directly to COVID – both here at 400 Towers and at the family units. We have been able to work with them directly to come up with repayment agreements. As long as we stay in communication we try to help these people manage their financial situations and we want to keep them safe,” he said.

Varland said management has worked out repayment agreements with tenants, working with partner agencies such as Independent Living of the Genesee Region, which offers an emergency rental assistance program.

“The federal government is very interested in making sure people stay safe in their apartments, especially during COVID,” he added.

MORE HOUSING IS NEEDED

Varland said he is well aware of the “definite need for housing” and said that need has changed over the years.

“We could probably do a separate article on that, bringing in the Genesee County Planning Department as we meet quarterly with the Housing Needs Committee,” he said, mentioning the significance of the Ellicott Station, Ellicott Place, Eli Fish and Main Street Pizza downtown apartment projects.

When informed that an 80-unit senior complex is proposed for Pearl Street Road, he said, that is the population that needs housing the most.

“The data that is out there, our population is aging and our family size – our household size – is declining. So, people need accessible, affordable, safe and smaller apartments,” he said.

Varland said he writes letters of support for those type of projects.

“I think they’re good for the city and the county, and don’t really think of them as competition for us,” he said. “We may lose people, and people come and go, however, if it’s good for the city and good for the county, it’s good for us, too. It makes it a better place to be and live.”

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

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

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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

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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

The managers of Genesee County’s three largest municipalities are exploring the best ways to spend a windfall of federal dollars via the American Rescue Plan Act of 2021.

Also called the COVID-19 Stimulus Package or American Rescue Plan, the $1.9 trillion economic stimulus bill was passed by Congress and signed into law by President Biden on March 11. It is intended to help the United States recover from the adverse economic and health effects of the COVID-19 pandemic and the ongoing recession.

While the exact amounts to be allocated to towns and villages have yet to be determined, it has been reported that Genesee County will receive slightly more than $11 million, the City of Batavia will receive between $1.57 and $2.5 million, and the Town of Batavia will receive about $750,000.

Formal guidance on how the money may be used was released earlier this week in the form of a 151-page document.

According to published reports, half of the money is available now and the other half will come 12 months from now. Among the qualifying uses are public health, assistance to businesses and families, replenishment of public sector revenue and enhanced compensation for essential employees.

Funds also can be utilized for water and sewer system infrastructure and increasing access to broadband internet – items that local governmental leaders seem to be focusing upon.

GENESEE COUNTY

“We will be having a discussion with the legislature later on this month at a meeting to give some rough suggestions,” Genesee County Manager Matt Landers said. “I haven’t come up with dollar amounts for each bucket but I already have been looking at areas to put this money towards – water infrastructure, broadband infrastructure, jail infrastructure and some possible economic development initiatives as well.”

Landers called it a “one-time allocation of revenues,” emphasizing that the money can’t be used to reduce property taxes.

He said the county needs to upgrade the infrastructure in both the Phase 2 and Phase 3 Water Project, and is looking at ways to assist towns with a countywide broadband solution.

“We still have a lot of pockets within our county that don’t have access to high speed internet,” he said. “Possibly, we can utilize some of this money to help fill those gaps.”

CITY OF BATAVIA

In Batavia, City Manager Rachael Tabelski said she will be presenting a plan to City Council to allocate the CARES funds to specific projects that could include water, sewer, downtown parking rehabilitation and equipment purchases.

She, too, said these are one-time revenues and, as such, will be recommending “that they should be used for one-time purchases, not continuing operations.”

Tabelski noted that the city just ended its 2020-21 fiscal year (on March 31) and is starting an audit next week.

“So, unlike the county and town, with fiscal years that run from January through December, we need to finish the audit to evaluate the 2020-21 fiscal year final revenue,” she said.

TOWN OF BATAVIA

At the Town of Batavia, Supervisor Gregory Post said the money will offset lost revenue, enabling the town board "to allocate the balance to specific needs, which we are identifying right now to see what qualifies.”

Post indicated that expanding broadband and high-speed internet is at the top of the list.

He also said the money can help the town recover from the lack of upgrades to its comprehensive, solar, land use and agricultural protection plans.

“Furthermore, we would like to develop the scale and scope of how we can maintain all of the services to the community through a virtual town hall, and not having to expend any tax dollars in brick and mortar facilities that are not able to be used in the event of another pandemic or other similar circumstance,” he offered.

Post acknowledged the recent increase in property assessments, pledging to find ways “to best serve the community and keep taxes flat or attenuate any of the expenses incurred during COVID.”

On a national level, it has been reported that some states with Republican governors or legislative majorities have filed lawsuits in an effort to strike down the provision that the funds can’t be used for tax relief – on grounds that the stipulation violates the rights of individual states.

The redesigned Jackson Square looks great, but is it functional?

That’s a question that promoters of The Batavia Ramble Music & Arts Festival are hoping City of Batavia officials and representatives of Architectural Resources consider before breaking ground on the Downtown Revitalization Initiative project later this year.

“They’re putting too much emphasis on the artistic aspect of the design and they’re forgetting about the practicality of what it is used for,” said Stephen Kowalczyk, who has been involved in sound, lighting and (recently) administration of The Ramble since its inception 13 years ago.

Kowalczyk expressed his opinion this afternoon – a day after community residents made their way to the venue between Jackson and Center streets near Center Street Smoke House for an informational meeting set up by city leaders and the Buffalo design firm hired to bring new life to the property.

Enhancing Jackson Square is being funded by a strategic investment grant of $750,000 from the New York State DRI program.

Kowalczyk and co-promoter Paul Draper said their main issues are with components of the proposed stage – its configuration, roofing material, its height and placement of a handicap ramp. He said they gave suggestions to the architect previously, but believe their input was disregarded.

City Manager Rachel Tabelski, in an email message this afternoon, did report that The Ramble musicians requested officials to re-examine the sound acoustics, specifically the “current canopy design of the stage and the materiality of the canopy as well as the stage height and the ramp access point to the stage.”

She said the city will work with Architectural Resources to modify the design to accommodate the commentary, including the canopy and stage.

“We want the citizens of Batavia to utilize Jackson Square for a multitude of events and will continue to work through design to get it correct,” she said.

Kowalczyk provided his “blueprint” for making the area not only attractive but practical:

• Changing the stage's proposed glass roof to wood with 50-year metal roofing over it.

He said a see-through roof idea is not appropriate for the setting.

“Maybe in an open park it might work but it does not work in a concrete jungle that is Jackson Square,” he said. “It’s already an acoustical nightmare because of all the concrete walls, and they’re just going to make it worse by adding more reflective surfaces that are angled inappropriately to the way a band would be on stage.”

• Changing the stage from the proposed oblong shape to a rectangle.

“There are no right angles on the stage. Every single cut that they’re going to have to make in building this is going to be an odd angle that will take more resources and time to build,” he said. “We’re just asking for a simple rectangle stage with a normal roof on it so the band can have its gear protected and have some shade from the sun.”

• Keeping the height of the stage at 30 inches instead of the proposed 16 and moving a new handicap ramp from the front of the stage to behind it to avoid having to go over any cables and wires.

“The height of the stage is the biggest thing that’s killing me,” he said. “They’re cutting the stage almost in half, which means anyone further back is not going to be able to see anything.”

Kowalczyk said the proposed design “is not functional or practical for any live event out there except maybe a poetry slam.”

“They kept talking about a poetry slam. For someone who has done acoustic shows there, with the motorcycles and trucks going by, you can’t get away with doing anything with the spoken word. It’s too noisy.”

He said he was hoping to attract band recitals and start movie nights, but the stage reconfiguration would make it difficult to hang banners or a projector screen.

Draper said he thinks the architect had “good intentions but they were considering the design more than the utility of the event space.”

“It seems like they could have done a better job if they would have listened to people who actually utilize the space,” he added.

Tabelski said that the pavement and lighting element feedback was “all positive.”

“The concept integrates many historical layers of Batavia including the Great Bend -- changing the trajectory of the Tonawanda Creek -- the Ancient Seneca Footpaths and the history of ‘old’ downtown Batavia,” she said.

Following approval of the final design concept, the project will move to the construction bidding phase. Groundbreaking is expected this fall, with completion anticipated next spring.

A call to Justina Dziama of Architectural Design this morning was not returned.

Architect renderings of the proposed Enhanced Jackson Square project.

City Council Member John Canale was correct in his belief that expenses incurred during the search for a new city manager earlier this year would be minimal.

According to information released by the manager’s office today, it cost the city $3,644.74 for the professional search/interview process that resulted in the hiring of Rachael Tabelski in early March.

Expenses were for advertising in national publications and websites ($1,239), background checks ($1,005.74) and psychological examinations ($1,400) for the potential candidates.

As it turned out, the city was not billed by The Novak Consulting Group of Cincinnati, Ohio – the firm that assisted City Council in this and the previous manager search that brought former manager Martin Moore to Batavia. The contract with Novak stipulated that it Moore left within two years (which he did), then the next search would be free.

In late February, Canale, in response to an inquiry from a Batavia resident, said he would make sure the numbers are provided, and added that he thought they will be “very, very minimal.”

Tabelski moved up from the assistant city manager position to take the lead role upon Moore’s departure last June.

During that time, the city has been functioning without an assistant to Tabelski. This is a considerable cost savings in light of the position’s $82,946 to $100,604 salary range. Furthermore, Tabelski was earning less during the interim as she is now -- more savings for the city.

Meanwhile, Tabelski said that in-person interviews of assistant manager candidates will take place in the near future.

The city also is seeking someone to fill the vacant director of Public Works position.

Press release

This is an invitation to all members of the community to participate in this year’s Batavia Memorial Day parade on Memorial Day -- Monday, May 31st.

The City of Batavia is sponsoring the parade and we are looking forward to a great turnout. The parade will kick off at 9:45 a.m. from the Eastown Plaza and end at the Alva Place parking lot.  

Any veterans wishing to participate in the parade can just show up at 9:15. Veterans needing a ride in the parade please contact me.

Any groups wishing to participate please let us know as all are welcome. Please keep the theme of respect to all our veterans and first responders.

We will be handing out small American flags to the children.

Let’s show our support to our veterans and first responders! Bring your lawn chairs and enjoy our annual parade!

Thank you,

Bob Bialkowski

City of Batavia

Councilmember at Large

 (585) 409-3624

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider approving incentives for projects proposing $13.5 million of new investments at its May 6 board meeting.  

Forefront Power LLC (Elba Solar) is proposing to invest $9.7 million to build a 5 megawatt community solar project on Norton Road in the Town of Elba. The project would generate approximately $518,803 in new revenue to Genesee County, the Town of Elba, and the Elba Central School District over the proposed 15-year agreement.  

The project also would fund a community benefit agreement for workforce development and economic development projects in Genesee County. Forefront Power LLC is seeking approximately $1.416 million in sales and property tax exemptions. A public hearing on the project incentives was held March 22.

Batavia Special Needs Apartments LP is proposing to invest $3.75 million to add 20 living units to an existing special needs housing campus on East Main Street in the City of Batavia. The project would increase the existing annual PILOT (Payment In Lieu Of Taxes) payment by approximately $6,000 per year for the remainder of the current PILOT.  Batavia Special Needs Apartments LP is seeking approximately $772,000 in sales and property tax exemptions. A public hearing on the proposed incentives was held April 14.

The GCEDC will also consider initial review of an application by NY CDG Genesee 1 LLC (BW Solar). The proposed project would invest $7.326 million to build a 5 megawatt community solar project on Oak Orchard Road in the Town of Elba. The project would generate approximately $518,803 in new revenue to Genesee County, the Town of Elba, and the Elba Central School District over the proposed 15-year agreement.

If the initial application is accepted, a public hearing on the project will be scheduled, as the project is requesting incentives in excess of $100,000.

The GCEDC Board meeting will at 4 p.m. Because of the COVID-19 pandemic the meeting will be conducted via conference and online at www.gcedc.com.

The City of Batavia offers nine parks for citizens to enjoy, starting at 7 a.m. until dusk each day.

All city officials are asking in return – at least for this recreation and picnic season – is for users to take out any and all trash that they take in.

“We are not accepting pavilion rentals this year, which means that the park is open to the public and anyone is free to use it,” City Manager Rachael Tabelski said. “If residents use the pavilions we are asking them to ‘carry in and carry out’ (their trash) at this time.”

Tabelski added that trash receptacles will be placed in high use areas for patrons to use, especially around the playgrounds.

At Monday night’s City Council meeting, she emphasized that trash containers will continue to be available on Main Street as well.

Council President Eugene Jankowski Jr. said that he wasn’t sure why comments found on social media sites indicated that the city would not be placing trash cans along Main Street.

“It wasn’t a city official spokesperson that even mentioned Main Street,” he said.

Tabelski said that Council, during budget discussions, decided to reduce overtime for the parks department “and one of those ways was to ask citizens who use the pavilions to carry in and carry out.”

The city’s nine parks are as follows:

• Austin Park, 15 Jefferson Ave.;
• Centennial Park, 151 State St.;
• Farrall Park, 101-111 Otis St.;
• Kibbe Park, 105-111 Kibbe Ave.;
• Lambert Park, 100 Verona Ave.;
• Lions Park, 108 Cedar St, and 8 Wallace St.;
• MacArthur Park, 252B State St.;
• Pringle Park, 14 Pringle Ave.;
• Williams Park, 101 Pearl St.

More information about the parks can be found by clicking HERE.

Updated, April 24, 9 a.m., with comments from City Manager Rachael Tabelski:

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The City of Batavia is “AIM-ing” to fortify its public safety personnel roster.

City Manager Rachael Tabelski, in a memo to City Council dated April 16, is proposing the restoration of a police officer and two firefighters to the 2021-22 budget and the funding of overtime for the Neighborhood Enforcement Team and community policing special details.

This action is possible, she wrote, as a result of New York State passing a budget that includes the full amount of Aid and Incentives for Municipalities’ funding to the city. The city now will receive $1,750,975 in AIM money -- $262,656 more than it had budgeted.

"These vacant positions are now able to be hired if City Council approves the budget amendment," Tabelski said. "AIM aid is an annual reoccurring revenue, and was only adjusted down by the state because of COVID. Once restored in the final state budget, I am comfortable using it to restore positions."

She added that the city workforce would still be short one police officer, one firefighter and one laborer position even after these other three posts are restored.

As far as the overtime funding, Tabelski said, NET and community policing are "special overtime police details normally funded each year via the city budget, but were cut due to COVID revenue challenges."  

"These details include increased neighborhood and community patrols, and community engagement assignments," she said.

Tabelski will be recommending that Council amend the city’s budget to account for the additional funds, allocated as follows:

Police Salary -- $66,464;
Police State Retirement -- $12,033;
Police Social Security -- $6,503;
Fire Salary -- $124,197;
Fire State Retirement -- $23,563;
Fire Social Security -- $12,240;
Police NET Salary -- $7,070;
Police NET Social Security -- $586;
Community Policing Salary -- $9,235;
Community Policing Social Security -- $765.

This proposal is on the agenda of Monday night’s Conference Meeting and, if forwarded, to a Special Business Meeting afterward. The Conference Meeting is scheduled for 7 o’clock at the City Hall Council Board Room.

Other items on the Conference Meeting agenda:

• Superintendent of Maintenance Ray Tourt will report that bids solicited for a contractor to replace a portion of the City Centre roof will be opened at 10 a.m. on April 29.

In a memo to Tabelski dated March 30, Tourt said the project will involve work not included in the Phase 1 roof replacement – the hallway nearest Dan’s Tire & Auto, the west side loading dock and the utility area. The entranceways (silos) will be part of a future project.

• Tourt also advised that AJ’s Tree Service of East Amherst submitted the low bid for annual trimming and removal of city trees as budgeted in the 2021-22 city budget. The contract expires on March 31 but can be extended for up to two years if both parties agree.

The amount of AJ’s Tree Service’s bid was not disclosed in the memo.

The Special Business Meeting agenda includes:

• A resolution to award a contract to Keeler Construction Co. Inc., of Albion, to replace an aging and inefficient air header at the wastewater treatment plant.

Keeler’s bid of $777,425 was considerably less than the next lowest bidder, Village Construction Co., of Victor, which submitted a bid of $1,263,175.

In a memo to Tabelski dated April 19, Tourt wrote that the project will cost an additional $854,000 for engineering work.

As previously reported on The Batavian, the air header is operating at 20 percent of capacity, forcing city officials to move up the timetable to get it replaced. The air header is essential to providing oxygen back into the ponds to digest waste.

Replacement of the air header is part of a $1 million wastewater treatment plant project.

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Monday’s meetings are open to the public with appropriate facemasks, social distancing and temperature screening upon arrival.

Options for viewing the meeting include streamed LIVE on Facebook: https://www.facebook.com/bataviany/ or Spectrum Channel 1301 at 9 a.m. April 28 and 8 p.m. April 30.

From the City of Batavia Clerk's Office:

Due to staff training, the Clerk’s office will be unable to issue the following on Wednesday, April 21st and Thursday, April 22nd:

• Marriage Licenses or Certificates
• Copies of Death Certificate
• Copies of Birth Certificate
• Fishing/Hunting Licenses
• New Dog Licensing

The office will remain open for all other services. We appreciate your patience and understanding.

With a key component of the City of Batavia’s wastewater treatment plant operating at just 20-percent capacity, Maintenance Superintendent Ray Tourt says that it’s imperative to move up the capital project plan timetable to get it fixed.

“We desperately need to get that air back into the pond,” said Tourt at Monday night’s City Council meeting, talking about a faulty air header system at the plant. “We recognize how severe it is becoming.”

Tourt said the city has received about 10 years less than the expected 40-year life of the system, which introduces supplemental air to the three primary wastewater ponds.

In a memo to City Manager Rachael Tabelski dated March 29, Tourt wrote that “this air provides oxygen to the ponds to effectively digest waste.”

“Even though this project is scheduled for (this fiscal year), it was discovered that the system’s rate of decline is higher than originally anticipated,” he wrote. “For this reason, the project is being advanced as quickly as it can be.”

City Council acted favorably to his request, forwarding a resolution to contract with the lowest bidder to its April 26 Business Meeting. Opening of the bids is scheduled for April 19.

Tourt said work will be done in sections, starting with the large 16-inch line and working down to the six-inch line. He noted that the lines will be wrapped to prevent deterioration from the elements.

He said the system is leaking a “significant amount of air” and is creating a distinct odor near and around the ponds. Once that segment of an overall $1 million wastewater treatment plant project is finished – hopefully be the end of summer, he said crews will evaluate the plant’s compressors and diffusers.

In other action related to infrastructure, Council forwarded a resolution to apply for a Northern Border Regional Commission grant in the amount of $328,000 to partially fund a waterline project on Bank Street. The total cost of the project is approximately $410,000 but the city would be responsible for a local match of 20 percent ($82,000).

Tabelski, in a memo to Council dated April 6, wrote that work is needed “to improve water pressure and fire suppression capabilities on Bank Street, as well as enable future development on the City Centre campus and the Alva Place location for the (new) police station.”

She wrote that the Bank Street waterline will be expanded from its current four- and six-inch lines to an eight-inch line.