city council

As expected, the Batavia City Council on Monday night voted to pursue a 2021 Transportation Alternative Program grant that, if awarded, could spur city maintenance crews to address the inadequate crosswalk setup from the Genesee County Office of the Aging to the parking lot on the west side of Bank Street.

“It’s really not a highway project … (but) is focused on non-vehicle enhancements, which would be traffic calming and more pedestrian elements,” said City Maintenance Supervisor Ray Tourt during the board’s Conference Meeting. “And we would finally go ahead and try to configure a crosswalk out there.”

Council President Eugene Jankowski Jr. jumped at the chance to comment further on the crosswalk situation.

(See below -- Previously: Video: Crosswalk awareness event on Bank Street)

“Is that going to solve the problem that we’ve had where people are in the crosswalk and cars are whizzing by not noticing them?” he asked. “It’s kind of a situation that has been like that for a long time.”

Tourt said a goal is to narrow that corridor “which tends to slow vehicles down.”

“So, with the use of bump-outs and vertical elements in the way of replacing trees … and actually formalizing a crosswalk where it could make sense,” he said. “There’s a chance that there could be a change to the driveway access points to a couple of the properties and try to get those in line and then include a crosswalk at the intersection of Alva Place.”

City Manager Rachael Tabelski reported that these federal TAP grants administered by the Genesee Transportation Council and New York State Department of Transportation range from $500,000 to $5 million, depending upon the project’s price tag.

Tourt said an estimate provided by LaBella Associates of Rochester about 18 months ago pegged the Bank Street project at $1.5 million, but that price could go up by 20 or 30 percent due to rising material costs. The city would be asking for the amount of the project and would be on the hook for 20 percent of the final cost.

The proposal includes adding streetscape elements, pavement markings, signs, accessible ramps, more crosswalks, pedestrian corner “bump-outs” and/or center median refuge.

“And there certainly could be more road improvements that could go on there,” Tabelski said. “If we do receive a grant from the Northern Border Regional Commission as well, this would play nicely to do the waterline (on Bank Street) and the road at the same time.

Following the meeting, Tabelski answered additional questions about the section of Bank Street between Main Street and Washington Avenue.

• On the chances of getting the grant:

“We always like to try our best to pursue grant opportunities, and we have LaBella Associates (of Rochester) helping us write the grant. We’ve gotten this grant before and we’ve been successful with it.

“There’s definitely a lot of positive attributes to the project – not only the pedestrian safety and the streetscape, but also the studies we’ve done previously where it was identified as a need in the community. The DRI (Downtown Revitalization Initiative) had a Bank Street project component and so did the Mall Feasibility Study. So, it has been identified multiple times as an area to be enhanced with streetscape and pedestrian safety.

• On attracting a developer to put up a mixed-use building:

“Any enhancements we make in infrastructure can be an incentive for developers to look at an area. A proposal to have apartments and possibly commercial at Bank and Alva Place is one of the long-term concepts in the BOA (Brownfield Opportunity Area) plan. So, it would be directly across from the police station. It has always been envisioned to have more downtown living near the mall campus.

• On slowing down traffic with a new police station on the block:

“I don’t know the traffic flow patterns of where they (patrol cars) will go; it will probably be call dependent on how they will leave the station. Even now, they have to get out of the parking lot that they’re in (behind the old City Hall, next to Austin Park).

“But, typically, they don’t leave the station to go out on a call because they’re already out in the community when calls come out.  A lot of times they’re already on a call when another call comes in.”

• On the status of the new police station on the Alva Place parking lot?

“Right now, we’re drawing up the documents to put out an RFP (Request for Proposal) for a design and engineering firm that we hope to release at the beginning of September.

“The stages of the project start with the RFP for design and engineering, score and rank those firms internally and then bring that proposal to Council at the same you bring all of the funding information to them so they can decide to move forward.”

In other action last night, Council:

• Approved a resolution authorizing the city to act as lead agency for the State Environmental Quality Review for the renovation of Jackson Square, the concert area located between Jackson and Center Streets, next to Center Street Smoke House.\

• Moved resolutions to the Sept. 13 Business Meeting pertaining to the rezoning of two parcels on East Main Street to C-3 (Commercial) and to conduct a SEQR for the Healthy Living Campus project of United Memorial Medical Center and the Genesee Family Area YMCA.

• Approved a resolution for the receipt of a Police Traffic Services grant for $12,936 for details dedicated to increasing seat belt usage and reduce dangerous driving behaviors, and another to reflect the receipt of $3,000 for the fire department to continue its child safety seat program through the NYS Governor’s Traffic Safety Committee.

• Agreed to not lock the Little League and Minor League fields on State Street and Denio Street, respectively, despite communication from youth baseball officials who expressed concerns about dogs leaving a mess on the diamonds.

Jankowski urged residents to respect the fields and clean up after their pets, but stated that it would be best to keep the parks accessible for all to use.

“We don’t want (people) climbing the fence to use a city park,” he said.

Previously: Video: Crosswalk awareness event on Bank Street.

Photo: Shannon Plath, second from left, president of the Batavia Business and Professional Women's Club, accepts a proclamation from the Batavia City Council tonight in recognition of the local organization's 100th anniversary. Plath said the club could have disbanded when COVID-19 hit last year but the ladies "stepped up" with fundraising and Zoom calls. "We just made it happen," she said, and now the group is on solid ground. From left are Council members Rose Mary Christian, Patti Pacino and Kathleen Briggs. Photo by Mike Pettinella.

At least one City of Batavia resident is fed up with the traffic jams at the Dunkin Donuts at 405 West Main St. and ambulance sirens in the vicinity of Oak and Union streets.

Speaking during the public comments portion of tonight’s City Council Conference Meeting at the City Hall Council Board Room, Michael Barrett urged council members to look into a way to alleviate both situations.

The owner of Barrett’s Batavia Marine Sporting Goods reported that vehicles lined up for coffee and donuts are infringing upon his property and, moreover, said he is afraid that a major accident is just waiting to happen.

“They’re blocking my east entrance to come into the store and they’re backing up onto the (West Main) street and forming a line,” he said after the meeting. “So, they’re taking one lane of the street and blocking it off just so they can go into Dunkin Donuts.”

He noted that there is a sign there that indicates no left hand turns, but it isn’t being heeded.

“I’ve put signs out; I’ve put pylons out, and I see that Arby’s has got a little bit of that and downtown Tim Hortons had that until they had that extension put on the back part of their lot,” he continued. “If the police would just park out front for a couple days and just keep the people from turning and keep the traffic flowing, it wouldn’t be so bad.

“There’s going to be one heck of an accident coming one of these days. They’re going to come barreling down the street and ram right into somebody that’s parked in front of my store.”

During the meeting, he expressed his frustration to Council, stating he doesn’t know what to do next.

As far as the sirens are concerned, Barrett, who lives on nearby Richmond Avenue, said it seems to be constant as ambulances speed south on Oak Street before exiting onto Union Street to get to West Main.

Council members agreed with Barrett’s observations, with Council President Eugene Jankowski Jr. asking City Manager Rachael Tabelski to see if the ambulances could sometimes use a different route that could be just as fast and to study traffic patterns at Dunkin Donuts during its peak times.

“I can hear them from where I live (on Otis Street),” Jankowski said about the sirens. “Maybe they could vary their routes a little bit … but we will let them know there has been a complaint.”

Council member John Canale said he checked into the siren issue in the past, and acknowledged that “it’s almost constant and very unsettling.”

It was asked if the ambulances could turn on the sirens only when they approached intersections, but Canale and Tabelski said that they have to have them on for insurance purposes.

City of Batavia Manager Rachael Tabelski and Maintenance Superintendent Ray Tourt are seeking to “tap” into a funding source that has benefited the community in the past.

Tourt, in a memo to Tabelski dated July 22, advised that the Genesee Transportation Council and New York State Department of Transportation put out a call to municipalities wishing to apply for 2021 TAP (Transportation Alternative Program) grants.

Ranging from $500,000 to $5 million, these grants are earmarked for planning, design and construction projects that “address improvements to non-driver safety, access to public transit and enhance mobility,” Tourt wrote.

TAP initiatives are eligible for up to 80 percent federal funding with a 20 percent local share match.

According to the memo, the city has received TAP grants before, including one for its Pedestrian Way and Healthy Routes to Schools projects. This year’s funding, if received, would be used for improvements on Bank Street between Main Street and Washington Avenue.

Per the memo, that area has been identified in both the Downtown Revitalization Initiative proposals and City Centre Feasibility study “to promote economic prosperity corridor to promote accessibility to downtown.”

The project would include streetscape elements, pavement markings, signs, accessible ramps, additional crosswalks, pedestrian corner “bump-outs” and/or center median refuge.

The city has contracted with LaBella Associates of Rochester to prepare the grant application.

Tabelski has drafted a resolution for Monday night’s City Council Conference Meeting and (if approved) for voting at the Business Meeting afterwards. The Conference Meeting is scheduled for 7 o’clock at City Hall Council Board Room.

In other developments, Council:

• Will consider a resolution authorizing the city to act as lead agency for the State Environmental Quality Review for the renovation of Jackson Square – one of the city’s several DRI projects. Jackson Square is located between Jackson and Center Streets, next to Center Street Smoke House.

In a memo dated Aug. 3, Tabelski wrote that the city looks to complete the SEQR process and then notify “involved interested agencies” of the city’s intent to act as lead agency.

She is recommending that Council move the resolution from the Conference to the Business Meeting on Monday, approve it, and then for Council to move a resolution to issue a declaration at the Sept. 13 Business Meeting.

Tabelski wrote that design drawings from Architectural Resources of Buffalo are almost done, and construction is expected to begin at the end of October.

• Will consider several event requests, as follows:

Batavia Players/Main St. 56 Theater Holiday Craft & Gift Sale – Dec. 3-4, 10-11, from 9 a.m. to 9 p.m. on Fridays and 9 a.m. to 4 p.m. on Saturday at the City Centre concourse.

Great Lakes & Attica Central Model Railroad Club Picnic – Aug. 19 from 6 to 8:30 p.m. at Farrall Park.

Batavia Police Community Night Out – Oct. 10 at City Church St. Anthony’s Campus on Liberty Street.

Batavia Players/Main St. 56 Theater Summer Youth Theater – Aug. 27-29, from 7 to 9 p.m. on Aug. 27-28, and 2-4 p.m. on Aug. 29, at the City Centre stage.

GO ART! Art Festival – Sept. 11 from 11 a.m. to 4 p.m. at the City Centre parking lot along Bank Street, featuring music, food trucks, beer tent, art vendors and demonstrations, dancing, theater and art walk.

Downtown Batavia Business Improvement District Wine Walk – Oct. 2 from 4-8 p.m. with 20 to 24 stops; a 21-and-over event for wine and cider tasting.

• Will hold a public hearing Monday night on the rezoning of 211 and 211 ½ East Main St. from P-2 (Planned Development) to C-3 (Commercial) in connection with the Healthy Living Campus project.

The city also is seeking lead agency status for the SEQR for this venture.

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.

A frequent contributor to the Batavia City Council scene is suggesting that a package deal combining the current Batavia Police Department headquarters and Genesee County Jail parcels may be the ticket to attracting a potential developer in light of the city’s intention to build a new police station at Alva Place and Bank Street.

City resident John Roach, during the public comments portion of the board’s Conference Meeting on Monday night at the City Centre, asked if anyone was talking to Genesee County leaders about their plan for the jail at the corner of West Main Street and Porter Avenue.

The county is exploring its options as it faces a state mandate to build a new jail, with a site near County Building 2 on West Main Street Road as the proposed location.

“You might get a better deal as a combined parcel,” Roach said. “Find out what they’re going to do and it could have an impact on what to do with the Brisbane building.”

The Brisbane building that he referred to is the former Brisbane Mansion at 10 W. Main St. that sits next door to the county jail. That building -- which may be eligible for classification as a historic landmark -- has housed city police for many years but has deteriorated considerably.

City Manager Rachael Tabelski, responding to Roach’s inquiry, said she thought it was a “great idea to speak with the county and understand their plans.”

“The front of the jail is certainly an amazing historic building that I hope would be preserved by the county through their transition, but I believe it hosts Genesee Justice and I don’t want to speak for the county and I’m not sure what they’re actually planning,” she said.

Tabelski also said she wasn’t sure if the timelines for a new county jail and new city police station would line up, but it was something worth looking into.

She pointed out the drawbacks with the Brisbane Mansion, notably that there is no American with Disabilities Act accessibility and there are problems with the layout that hinder the ability of the force to conduct day-to-day business.

“We went over the presentation two meetings ago and we looked at the timeline. The city has been wanting to address this for over 20 years,” she said. “We’ve come forward with a proposal and a feasibility study to use the parking lot at Alva and Bank Street.”

The city manager underscored the importance of finding a “reuse” for the building, adding that the city has no intention of moving staff into that structure.

“So, we’d like to pursue a path where we put it out for RFP to a developer to take that on and bring that on to the tax rolls,” she advised. “To do that in the best manner possible, you want to make your property attractive to the marketplace and by understanding all of the historical elements inside the building, and having technical assistance reports done of the structure itself and the historical elements …”

For those reasons, she forwarded a resolution – which was later passed by Council – to allow the Batavia Development Corp. to apply for a 2021 Consolidated Funding grant under the New York Main Street technical assistance program.

“I think it is City Council’s wish and I know it is the certainly the wish of many in our community to preserve that building as a historical element in our downtown,” she said. “… if (the grant is) awarded, we would go ahead and do that study. We had a plan to reuse the building at the time we move the police department.”

Tabelski said that the grant-funded study would uncover whether the building would qualify as a historic landmark.

If so, that could open the door for a NY Main Street grant, which the city has been successful in obtaining for the Eli Fish Brewing Co. building on Main Street and Theater 56 at the City Centre.

On another topic, Roach asked about the status of a road project to rehabilitate Harvester and Richmond avenues, which is scheduled for the summer of 2022.

Maintenance Supervisor Ray Tourt said it is currently in the design phase.

In May 2020, City Council appointed the engineering firm of T.Y. Lin International Group of Rochester to provide preliminary and advanced designs with the expectation that they would be completed by the summer of this year.

T.Y. Lin International Group was involved in the city’s Walnut Street Reconstruction Project, the Ellicott Street streetscape project and all of the Batavia Downtown Business Improvement District streetscape initiatives.

Batavian Robert Radley, PE, is the company’s senior vice president and U.S. East Region director.

Plans call for renovation of Richmond Avenue from State Street to Oak Street and for the entire length of Harvester Avenue (from East Main Street to Ellicott Street). City officials previously reported that 95 percent of the $2 million project will be covered by CHIPS (Consolidated Local Street and Highway Improvement Program) and Marchiselli Funding* streams.

Tabelski also reported that Jill Wiedrick, the new assistant city manager, will be starting on July 21, and the city is advertising for a permanent Department of Public Works director.

*Given the significant backlog of preservation, rehabilitation and replacement of transportation infrastructure needs that exist at the local level, NYSDOT has initiated a process with metropolitan planning areas and municipalities to revise and align local transportation planning and project selection processes with engineering and economic-based preservation strategies. As part of this initiative, NYSDOT will provide priority consideration for State matching funds, under the Marchiselli program, to federal-aid projects that embrace the Department’s asset management based preservation strategy. Municipally sponsored federal-aid projects considered to be beyond preservation treatments may be considered for Marchiselli funding on a case by case basis. Municipal requests for projects that are considered beyond preservation will be reviewed by NYSDOT’s Comprehensive Program Team (CPT).

Photo at top: Batavia Police Department station (former Brisbane Mansion); Photo at bottom: Front of Genesee County Jail, which currently houses Genesee Justice.

Despite receiving prior assurances from several Batavia City Council members that Centennial Park was off the table as a possible location for a disc golf course in the city, representatives of the “Save the Park” committee weren’t taking any chances.

About 16 of them made their way to tonight’s City Council Conference Meeting at the City Hall Council Board Room, with five of those people urging the board to maintain the aesthetics of the 14-acre natural setting by finding another place to put a nine-hole disc golf layout proposed by Batavia resident Phillip Boyd.

On May 24, Boyd attended a City Council meeting, hoping to persuade local lawmakers to let him and other enthusiasts of the sport set up a course at a city park. At that time, he stated that his group preferred Centennial Park, which is surrounded by Ellicott Avenue, Park Avenue, Richmond Avenue and State Street.

In recent days, residents in that area inundated Council members with emails and phone calls – and had “Letters to the Editor,” signs and other forms of communication ready to publicize their views.

Fast forward to tonight, even before they had a chance to protest, Council President Eugene Jankowski Jr. informed them that Centennial Park is “off the list … and not even a consideration.”

Council Member Rose Mary Christian quickly remarked, “I’ll second it.”

Jankowski explained that the process of attempting to accommodate Boyd had just begun and required the “vetting process” involving police, fire and the Department of Public Works to see if it was a good fit for the city.

City Manager Rachael Tabelski added that she had spoken to Boyd, who said he understood residents’ concerns about having it at Centennial Park and agreed not to pursue that location.

“We may not have a park big enough” for a disc golf course, Jankowski said, but added that they will work with Genesee County officials to see if it could be situated somewhere else.

Council Member John Canale acknowledged that his phone and email “were on fire,” and appreciated the feedback, and also commended Boyd for “realizing it wasn’t a popular choice.”

“I hope we can find a spot for him,” Canale said.

Still, the Centennial Park supporters had come there prepared to speak and five weren’t leaving until they had their say.

Communicating that Centennial Park was established about 150 years ago in conjunction with the New York State School for the Blind, Ellicott Avenue resident Carl DeLuca emphasized that putting a disc golf course would occupy about two-thirds of the park.

“Those who have the freedom to choose an activity would be restricted to use of just one-third of the park’s area,” he said. “The proposed installation of disc golf would be a permanent impediment to the freedom of use for the general community.”

DeLuca, a retired teacher, mentioned several “negative impacts” of disc golf, including safety issues from the hurling of hardened plastic discs, excessive car parking, noise and large crowds.

“Also of importance are city budget constraints,” he contended. “This could mean that taxpayers would be unfairly burdened by paying for potential damages caused by a few.”

He cited articles that spoke of the unintended consequences of disc golf courses in inappropriate settings, with the demographics of those who participate in the sport mostly unconcerned of its environmental impacts.

Linda Daviau, who lives on Park Avenue, thanked Council for responding to her emails – “I really didn’t expect to hear from so many of you,” she said – but added that she wasn’t convinced that the board would have taken Centennial Park out of play “without hearing from so many citizens.”

She then shared a bit of history of the park, mentioning the NYSSB and the influence of Dean Richmond, and pointed out that for “over 40 years … we still enjoy seeing people enjoy the park.”

“The face of the park is great the way it is,” she concluded.

Judy Sikora, another Park Avenue resident, also thanked Council members and Tabelski for responding to the residents.

Stating that she had a petition with 150 signatures, Sikora spoke of Centennial Park’s grass and trees and “lovely flowing terrain” and called it a “lifesaver for many of us during COVID.”

“It really is a treasure,” she said. “Many cities would be envious.”

Sikora urged Council to not change the nature of what makes the park unique, and to continue the freedom of its use by all citizens.

She suggested finding a nonresidential area with adequate parking for the disc golf course.

“We’re not here to oppose disc golf but to support a park that we love,” she said.

Judy DeLuca, Carl’s wife, spoke of the health benefits of the park’s green space.

She referred to a National Institute of Health report that indicated that the use of urban green space was important to community health during times of stress, and asked Council members to take green space into account when they consider policy issues.

Finally, Karen Vasser of Lincoln Avenue said that her family has been part of that neighborhood for 67 years and that she has participated in the seasonal activities, including Picnic in the Park.

“We love this park,” she said, “and it deserves to be as pristine as it is today.”

Photo: Word that a disc golf course could be placed at Centennial Park prompted about 16 residents of that area in the northeast section of the city to find their way to tonight's City Council meeting. Photo by Mike Pettinella.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other agenda items:

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

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

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

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

With Assemblyman Steve Hawley already weighing in on her push to get New York State lawmakers to change the current bail rules and regulations, City Council Member Rose Mary Christian is hopeful that other municipalities will act as well.

Hawley penned a letter dated June 24 in response to hearing Christian’s concerns about what he writes, “the disastrous and dangerous 2019 Bail Reform” (that puts strict limits on the use of cash bail and pretrial detention).

The assemblyman’s letter points to a plan introduced by the Minority Conference to help combat the recent rise in violent crime across the state, and outlines seven areas of proposed legislation to counteract the 2019 Bail Reform act. The letter was entered into Monday night’s City Council meeting proceedings with City Clerk Heidi Parker reading the 14-paragraph statement aloud.

At Council’s meeting on June 14, Christian requested that the city draft a letter requesting a change in the bail reform laws – and her colleagues agreed – and sending it to state representatives in Albany.

Last night, the board reviewed a letter written by City Manager Rachael Tabelski, accepting a revision of the third paragraph to read:

“We commend the Legislature’s efforts to roll back some of the original reforms that were passed last year, such as allowing judges to set bail for more criminal charges that had eliminated bail. We respectfully request that the Legislature consider adding more crimes in which judges have discretion to set bail, including crimes against police officers, firemen and sexual assaults and burglary. We also support restoring bail for any crime involving the use of a gun.”

Christian was pleased with the changes, noting that the letter “has got some teeth in it now.”

“By us passing this – and not just by one person, not by just me but this whole board – is very important and it will show some credence to the fact that we really mean business and maybe other councils, maybe other towns, will follow and we might be able to change this law now,” she said.

It also was suggested to send the letter to Genesee Association of Municipalities in anticipation of it being sent to all Genesee County towns and villages.

Previously: City manager drafts letter from Council asking New York State lawmakers to 'revisit' bail reform laws

As is his style, City of Batavia Fire Chief Stefano Napolitano humbly took a bow Monday night as he prepares to move on to a New York State-level position next month, while giving all the credit for his success to his employees and thanking city management and staff for the opportunity to serve over the past four years.

“It has been amazing times and tough times, but through it all I was successful because of my team over there,” Napolitano said, pointing to the 10 firefighters who came to the City Council meeting in honor of their chief. “I’m just the guy that signs the payroll -- I point a little bit and throw an idea out -- but it’s the staff here in the City of Batavia Fire Department that makes everything happen.”

Napolitano quickly endeared himself to city leaders and residents after accepting the position in April 2017, relocating after a productive career as deputy fire chief for the Village of Herkimer.

City Council President Eugene Jankowski Jr. called Napolitano, a Queens native, a great leader and said he will be missed.

“Hopefully, we’ll be seeing you back and helping out in our area, and I wish you all the best,” Jankowski said.

City Manager Rachael Tabelski thanked Napolitano for his work.

“I’ve only had the pleasure of working with you for about two years, but they’ve been great years,” she said. “You really are a true leader to your staff – and everyone here is a testament (to that).”

LEAVING IS ‘VERY BITTERSWEET’

Moved by a standing ovation from all in attendance, Napolitano quickly deflected any credit away from himself.

“They (his staff) allowed me to come in here four years ago; didn’t know anything about me, a transplant from 175 miles away,” he said. “They immediately accepted me and it’s been a great partnership – relationship. I’m fortunate to say that I know pretty much all of their family members.”

Napolitano said the situation is “very bittersweet.”

“This job is an opportunity to serve more firefighters at the state level, but it’s very bittersweet leaving my new home,” he said.

On July 19, he begins his new job as deputy state fire administrator, working out of an office in a building on the State University of Albany campus. The state position is affiliated with the Division of Homeland Security and Emergency Services. His final day in Batavia is July 9.

He said he expects to do a fair amount of traveling in his new position and likely will be back at some point. He then thanked city management and staff.

“It’s been an absolute pleasure and honor, and I thank everyone.”

HERBERGER TO STEP IN

Tabelski then announced the appointment of Capt. Dan Herberger as interim fire chief – a position that Herberger held for 16 months before Napolitano was hired.

Herberger has climbed up the ranks, joining the department as a paramedic in 2002 before being promoted to firefighter in 2005, lieutenant in 2012 and captain in 2013.

Contacted this morning, Herberger said he’s prepared to take the reins on an interim basis, but is in an exploration stage as far as the permanent position is concerned.

“There were two other captains that were interested and we did a lot of talking amongst ourselves … so, at this point I’m really exploring – again – the position,” he said. “You know, a lot has changed with me in four years but a lot hasn’t changed with me in four years, with family situation and the like.”

He said he’s looking at the full-time chief position “very critically and taking all points of interest in.”

Married with three children, ages 17, 13 and 11, the Lancaster resident said he’s coming in to the interim role objectively and was willing to “take another crack at it.”

Speaking of the two other captains, Herberger, 47, said they decided to talk to Tabelski individually and let the process play out. He said no timetable has been set as far as when the permanent position is filled.

“We have some meetings coming up with Chief Napolitano during the transition, but we haven’t got into anything much past that,” he said. “I’m sure that eventually Rachael and I will sit down and discuss the details (of the chief’s position).”

Herberger said he has always desired to be a part of the community he serves, never wanting his place of residence to interfere with his responsibilities in Batavia.

KEY IS TREATING PEOPLE RIGHT

“I always try to treat people like they’re my neighbors,” he said. “Just because I live in Lancaster … I treat people like I want my mother to be treated, and that has always served me well and people accepted that.”

Napolitano said he backed Herberger, stating that he’s “a strong captain supported by a strong group. The city is very well served.”

And Herberger had nothing but good things to say about Napolitano.

“I always said that coming into a department from a different part of the state has to be difficult because you don’t know all of the inner workings … but he – I think it’s his personality – came in and really took the bull by the horns and made a conscious effort of forging relationships and putting the fire department in a positive light,” he said.

“He was open and honest with us, and even though we might not have agreed with him every time, we always appreciated that.”

Photo at top: Batavia Fire Chief Stefano Napolitano thanks city officials and staff for supporting him throughout his four-year tenure. Photo at bottom: Staff members, including Capt. Dan Herberger, second from right, attended the City Council meeting. Herberger has been appointed as interim fire chief. Photos by Mike Pettinella.

What’s going on with the “Rocket Car?”

City resident John Roach posed that question about the 1938 invention of former Batavia resident Charles D. Thomas to Batavia City Council members at their meeting Monday night.

The vehicle, with innovations such as a rearview periscope and independent suspension, is officially called the Thomas Rocket Car. It was designed by Thomas and put together by a friend and welder, Norman Richardson, in a rented garage near Main Street and Ellicott Avenue.

It has been in the hands of Dick McClurg of Old World Collision for more than five years. The plan is to have the car, once fully restored, placed on display somewhere in the city.

Council Member Robert Bialkowski said the car was in the Memorial Day parade – on a trailer hauled by McClurg.

“Ninety-nine and a half percent of the exterior body work is done, the headliners in the interior panels are done, and I think they are waiting now to get a windshield and some other odds and ends, and it will be complete,” Bialkowski said.

City Manager Rachael Tabelski reported that, pre-COVID, there was a meeting with the Chamber of Commerce; Howard Owens, publisher of The Batavian, and McClurg, “and there was still a bit of fundraising to do – the last few parts and pieces of it – and we have not established the permanent home or location.”

She said people want to move it around to different shows, so she isn’t sure if the City Centre would be suitable in that case.

Bialkowski spoke of the independent suspension and unique periscope in responding to Roach’s query.

“It had a periscope, because back then if anybody remembers the older cars they were torpedo shaped in the back – you couldn’t see anything backing up – so a slow periscope went up and you looked in a mirror and you could see where you were backing up,” he said.

He said auto companies weren’t ready for something like that and that the car was way ahead of its time.

The car was cut up into pieces and almost scrapped, he said, before finding its way to Old World Collision for restoration.

“People from all over the country that aren’t from around here seem to know about it,” Bialkowski added.

Previously: Thomas Rocket Car nearly restored but another $4k needed to complete project

Photo at top: Picture of the original Thomas Rocket Car.

There’s some serious stuff going on around Washington Avenue, Willow Street and State Street -- and at least one resident is imploring City Council to do something about it.

“I’m just here tonight because I’m concerned about the neighborhood,” said Lynne Geissler, (in photo at top), noting that she has lived at Washington and Willow for four years. “I understand that it’s a different neighborhood.”

Geissler, speaking during the public comments portion of tonight’s Conference Meeting at City Centre Council Board Room, mentioned the increase in “criminal action,” adding that it is “horrible” and is taking place at all hours of the night, causing her to lose sleep.

“There’s got to be some way that … I don’t know,” she said. “I was going to go to the police department to talk to the police chief but they’re not letting anybody in (or so she believed). So, I figured I’d come down here to talk, to see, because there’s a lot of things going on and it has to be taken care of.”

She brought up that she has health issues and understands that drugs and mental disorders are real problems.

“But when you’re having the police at your house 20 times in a four-day period, and our landlord can’t do anything (and) we as tenants can’t do anything,” she said. “There’s got to be some way – CPS (Child Protective Services), there’s mental health, everybody’s involved but nothing’s getting fixed.”

Jankowski advised her to talk with Police Chief Shawn Heubusch directly after the meeting and set up an appointment.

Council Member Kathleen Briggs said that she has received calls from people living on State Street “and they’re telling me that they do call police and police are responding.”

“I also told them that they should contact their landlords and they said the landlords aren’t doing anything,” she added. “Police are doing what they can but don’t you think we have to hold these landlords accountable?”

It was mentioned that these instigators should be evicted, but current laws against eviction have tied landlords’ hands.

Geissler said her landlord is sympathetic but indicated that “if he went to evict someone right now – if it was one of his houses – it would be nine to 12 months before that person would be out.”

Afterward, Heubusch acknowledged that officers are dealing with "some serious things" and, without getting into details, said that investigations are ongoing.

“We will look into this further,” he said.

BOYD RESUMES DISC GOLF PITCH

Last month, city resident Phillip Boyd came to a City Council meeting to promote the placement of a disc golf course at a city park.

He reappeared tonight, flanked by six other disc golf enthusiasts, and said he has mapped out a course that would take up about two-thirds of Centennial Park, the 14-acre natural setting located in the north-central part of the city.

Boyd said he also has prices for how much sponsorship would cost.

“Now, I’m just looking for it to be actually brought up as an agenda item,” he said.

With that, City Council President Eugene Jankowski advised him to turn all his documents over to City Manager Rachael Tabelski and work with her going forward.

Two of his friends, Doug Forsyth and Louis Ortiz, also went up to the podium, speaking briefly while indicating that they backed Boyd’s efforts.

Forsyth said he heard about the matter from reading The Batavian and wanted to let Council know that his group has secured some funding for the initiative.

Tabelski said Centennial Park is the preferred location. She added that she will review Boyd’s proposal with department heads with the expectation of providing a recommendation to Council at the July 12 meeting.

In legislative matters, Council approved:

• A resolution to apply for a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main, and another setting a public hearing on the matter for 7 p.m. July 12. Tabelski said she thinks the grant, if received, could fund up to 90 percent of the project cost.

• A resolution to award V.J. Gautieri Constructors $18,800 from the city’s Revolving Loan Fund Grant to help replace sidewalks at the Ellicott Place project at 45-47 Ellicott St. (Save-A-Lot building).

Pending the expected approval by her colleagues Monday night, Batavia City Council Member Rose Mary Christian will get her wish: A letter to New York State legislative leaders asking them to “revisit” the bail reform laws currently on the books.

At Council’s previous meeting on June 14, Christian expressed – in no uncertain terms – her dismay with recent legislation that limits the use of cash bail and pretrial detention.

“This law harms police, public safety and it’s up to the judges to eliminate these laws,” Christian said at the time. “These laws need to be changed and revised. I’m asking us to send a letter to the governor, state legislators and the judges to repeal this law.”

She was supported by Police Chief Shawn Heubusch and, after some discussion, by the other Council members, who came to a consensus to have City Manager Rachael Tabelski draft a letter to send to representatives in Albany.

Tabelski did just that, and presentation of the letter to Council is on tomorrow’s agenda of the Conference Meeting at 7 p.m. at City Centre Council Chambers. A Special Business Meeting will follow.

The letter from all nine Council members, addressed to Assembly Speaker Carl Heastie, Senate President Pro Tempore and Majority Leader Andrea Stewart-Cousins and Assembly Majority Leader Crystal Peoples Stokes, reads as follows:

“On behalf of the City of Batavia, we are very concerned about the recent impacts of bail reforms passed by the New York State Legislature. While well intentioned, these reforms are having serious consequences regarding public safety across New York State, including smaller urban areas such as Batavia. In fact, criminal elements from both Rochester and Buffalo have an even more visible presence in Batavia.

“If criminals know there are no consequences for their actions because they will be right back out on the street, then it is only logical that crime is going to increase. That is what is occurring across New York, including Batavia.

“We commend the Legislature’s efforts to roll back some of the original reforms that were passed last year, such as allowing judges to set bail for more criminal charges that had eliminated bail. We respectfully request that the Legislature consider adding more crimes in which judges have discretion to set bail, including restoring bail for any crime involving a gun.

“At the end of the day, judges should be able to determine whether a violent criminal poses a dangerous threat to the community and can be held without bail.

“As representatives of the residents and taxpayers of the City of Batavia, we respectfully request that in your significant role in leadership in the New York State Assembly (and Senate), that bail reform be revisited by the New York State Legislature in due haste.”

Copies are to be sent to Assemblyman Stephen Hawley, Senator Edward Rath, Assembly Minority Leader William Barclay and Senate Minority Leader Robert Ortt.

Also on the Conference Meeting agenda:

Tabelski will be forwarding a resolution to apply for a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main.

In a memo dated June 21, Tabelski wrote that work would entail replacing a 4-inch line from Ellicott to South Jackson on the western side of Jackson Street and a 6-inch line under the sidewalk between Watson and South Jackson on the west side of the road. A 6-inch line also runs from Central Avenue to Ellicott Street.

She wrote that the commercial section of Jackson, north of Ellicott, will be a separate project.

The project will include 58 service connections, 10 interconnections, installation of six fire hydrants and new valves at each interconnection plus two 8-inch line valves. It also will address elimination of lead water services if encountered, and set the stage for application of another grant for road rehabilitation, she wrote.

If approved, a public hearing will be scheduled for 7 p.m. July 12.

The white streaks on the facing of the City Centre are back – and City of Batavia Manager Rachael Tabelski said this could be a once-in-a-decade problem.

In August 2020, according to a story on The Batavian, City Council approved spending $31,500 with a Buffalo masonry company to replace 46 windows and sills with material that won’t run and create new streaks.

All Council members at that time agreed it was an eyesore that bothered city residents.

Those white marks have returned (see the photo above) but Tabelski said the cause may be different this time around.

“DPW (Department of Public Works) is going to follow up with the white streaks appearing on City Hall again,” she said. “From my untrained eye, it looks like the mortar from the bricks this time and not the window sills, however, I will wait for a professional analysis.”

There’s a chance this could be a recurring situation.

“This might just be an issue the City has to deal with every 10 years or so at the City Hall building,” she said.

In August 2010, the city spent $31,000 to eliminate the white streaks on City Centre. Now they're back (see attached photo).

Previously: Council approves repairs to eliminate white streaks on City Hall

Photo by Howard Owens.

Press release:

Council Candidate Erica O’Donnell supports the ballot measure allowing no-excuse absentee voting.

While representatives in Washington, D.C., drag their feet to so much as debate the For the People Act, which would protect voting rights nationally, I’m proud to be a resident of New York State where we are working to expand access to the ballot.

The measure will appear on the ballot this November and if successful, would remove the stipulation requiring absentee voters to be absent from their home county, ill, or physically disabled to vote by absentee ballot. In short, it would allow any registered voter to request and vote with an absentee ballot.

Any effort to make voting easier for our citizens should be considered a celebration of democracy and supported without controversy. I urge everyone to vote “yes” on the measure.

At the urging of Sixth Ward representative Rose Mary Christian, the Batavia City Council on Monday night agreed to take a stand against New York’s bail reform law that severely curtails the use of cash bail and pretrial detention.

Following a discussion that touched upon the legislation, failed attempts to revise it, and the impact upon communities and law enforcement, Council decided to ask City Manager Rachael Tabelski to draft a letter stating the board’s position and, after Council review, sending the letter to Gov. Andrew Cuomo and other political leaders in Albany.

Council also made sure that a copy will go to the City of Batavia Police Benevolent Association and the Police Chiefs’ Association.

“This law harms police, public safety and it’s up to the judges to eliminate these laws,” Christian said. “These laws need to be changed and revised. I’m asking us to send a letter to the governor, state legislators and the judges to repeal this law.”

Christian said municipal governments need to step up to the plate to stem the rising tide of repeat offenders.

“Our city is not excluded from these violators either. I have people that feel they are prisoners in their houses because of being verbally abused, threatened and intimidated,” she said. “So, I am pleading with us that we send a letter to the judges, judicial department, whatever, so we can try to eliminate this. Coming from us as a body would mean a great deal.”

Tabelski informed Council that although a bill to reform bail reform was introduced in the just-completed state legislative session by minority Republicans, it failed to make it to the floor for a vote.

Police Chief Shawn Heubusch concurred with Christian that bail reform “affects us all.”

“Luckily we live in a community where there is not a lot of violent crime that takes place so our numbers are fairly small compared to the larger metropolitan areas to our east and west and Downstate,” he said. “However, we do deal with issues of repeat offenders. As everyone is aware, there have been several of them featured in the news lately.”

Heubusch spoke of a couple cases that may have not resulted in repeat offenses if those individuals were held on bail in the first place.

He said there has been an increase in violent crime in Buffalo and Rochester, and called statistics from New York City “off the charts” – specifically that 19.5 percent of the people tracked were rearrested once they were initially arraigned for a non-bailable offense, and that 26 percent of the people arrested for burglary in 2020 were rearrested within 30 days of committing the first crime.

“I will tell you that officers are very frustrated with these new laws. They do feel that it is a catch-and-release, if you will,” he said. “It does have an impact on our victims and our witnesses coming forward … We do get a little more resistance when we ask victims and witnesses for statements to come forward and come on the record.”

The police chief expressed disappointment in legislation (not yet signed into law) that would raise the age of juvenile criminal responsibility from 7 to 12.

“So, in other words, you can not arrest anyone under the age of 12 (if signed into law). That’s kind of the state of affairs that this is,” he said.

He also mentioned a parole legislation package that will be brought up in a special session. He said the “compassionate release act” would set free any offender who has served 15 years and is at least 55 years old – no matter the crime.

Tabelski said the discussion on bail reform is important as it makes “citizens and legislators … aware of how this Council feels and how they want to protect the community against offenders.”

Council President Eugene Jankowski Jr. said state leaders “don’t seem to be paying any attention to the problems” before Council Member Robert Bialkowski advised Christian that judges aren’t the ones who can change the law; that is in the hands of the state legislature.

Jankowski emphasized that City Council is behind its police officers.

“I think if I was in their position, as long as I knew that you were fighting for us on the national or state level, I think that would be a good step in the right direction,” he said. “We are very pro-police here. We support our police department … We’ve seen good, so far, retention. I mean we’re not driving officers away like some communities are by their comments and things.”

Heubusch agreed, adding that more and more police officers in larger communities are leaving the profession.

“They’re retiring at a 45-percent increased rate,” Jankowski said. “Hopefully, we can be stable and show our support in discussions like this and (let them) know that we’re behind them.”

Parking lots, trash collection and rezoning of a small parcel on East Main Street were among the subjects of resolutions passed Monday night by Batavia City Council during its Business Meeting in the City Centre Council Board Room.

Council members voted to use $70,000 from the appropriated parking lot reserve to resurface parking lots on Center Street, Ellicott Street and at Lions Park this summer.

Projected cost per lot is $50,000 for Center Street, $12,500 for Lions Park and $7,200 for the Canale lot, which is west of 240 Ellicott St.

Williams Park is on the city’s paving scheduled for 2022-23.

• The board also formally approved an agreement with Casella Waste Systems of New York, which has offered to empty the trash cans at city parks and downtown at no charge.

The pact, set to run through Nov. 30 with the option to renew for up to two years, stipulates that Casella will empty the park receptacles on a daily basis and downtown containers on a weekly basis in return for painting the receptacles dark blue and placing a sign on them, stating “Serviced by Casella Waste.”

• Council, in order to move the Healthy Living Campus project forward, referred to the City Planning & Development Committee a request from the GLOW YMCA and United Memorial Medical Center to rezone a small parcel at 211½ E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to consolidate all the property into a Commercial zone.

The rezoning referral is on the agenda of tonight’s PDC meeting at the City Centre.

Previously, City Council and the PDC signed off on the rezoning of 211 E. Main St.

Project consultant David Ciurzynski said the UMMC/St. Jerome boiler house sits on 211½ E. Main St., which is north of 211 E. Main St.

“Because our building crosses the north property line of 211 into 211½, we need to have it rezoned as well,” he said. “After everything is rezoned we can start the process of combining the various parcels into one parcel for the project.”

In other action, Council approved:

• The appointment of five residents to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

• The release of $7,136.50 from the K-9 Committed Fund Balance to offset the costs of running the program. City Manager Rachael Tabelski reported that the city received $2,332.47 in donations for the fiscal year ending March 31, 2021, but had $9,468.97 in expenses for the K-9 program during that same period. As of March 31, the K-9 Committed Fund’s balance was at $4,92.02.

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.

According to Wikipedia, as of February 2020, the United States was home to 6,652 known disc golf courses – including 130 in New York -- on the official Professional Disc Golf Association course directory.

And more and more are on the way, says Batavia resident Phillip Boyd, who is hoping to persuade City Council to let him and other enthusiasts of the outdoor sport set up a course on a city park.

“Bergen has one and Pembroke has one. There are so many parks in the (Batavia) area where you could fit a nine-hole course,” Boyd said Monday night as he presented his idea at Council’s Conference Meeting at City Hall, “The popularity of the sport is on a huge rise. COVID might have destroyed a lot of things, but it made the popularity of disc golf insane.”

Boyd, 27, (photo above), played soccer, hockey and lacrosse while attending Batavia High School. He said he became hooked on disc golf about three years ago, but wished he would have started much earlier.

“But since then, I’ve fallen in love with the sport. Last year, I put over 100 rounds in just the summer alone. It’s just a great sport,” he said, adding that the walk through the course provides decent exercise.

A former regular golfer, Boyd said disc golf is a “cheaper way to do the same thing.”

He advised Council members that he and his friends could get a course up and running in about three weeks and it wouldn’t cost the city anything.

“At pretty much all of the courses, they go out to different restaurants or stuff to sponsor a hole. They (businesses) will pay the money for the actual basket … and then the people that want to do it will put it in,” he said. “So, pretty much I just need permission at whatever park is possible to install everything – the tee pads and the baskets.”

Boyd said Centennial Park would be the preferred location, noting there is room there for an 18-hole course but he would be satisfied with a nine-hole course.

“A nine-hole would be easier – not as in the way for people walking their dogs,” he said.

He explained that players toss a Frisbee-like disc from the tee area toward the basket (hole), which has chains on it.

“The object is to throw the disc into the chains and have it (disc) fall into the basket. That’s how you make the hole,” he said.

Scoring is similar to regular golf – the least number of throws, the better.

Boyd said that Buffalo and Rochester are putting up several new courses this year.

“They’re going up everywhere.”

City Council President Eugene Jankowski Jr. suggested that Boyd work with City Manager Rachael Tabelski on the details and that she could report back to Council.

“Maybe that would be something we could consider,” Jankowski said. “I think it is a great idea – present it … and we’ll go from there.”

Boyd said his hope is that the course would be a permanent part of the selected park and offered as another benefit to residents.

The basket with chains serves as a typical "hole" for disc golf.

The Batavia City Council is leaning toward the “let’s try it and if it doesn’t work out, we’ll end it” approach to an offer by Casella Waste Systems of New York to empty the trash receptacles at city parks and downtown at no charge.

Batavian Jeff Pero, Casella’s Batavia Division general manager, previously had reached out to City Manager Rachael Tabelski with the proposal that allows Casella crews to service the parks on a daily basis and downtown on a weekly basis in return for letting the company paint the receptacles (dark blue) and place a sign on them, stating “Serviced by Casella Waste.”

At tonight’s Conference Meeting at City Hall, the board agreed to move a resolution to enter into a contract with Casella to its June 14 Business Meeting for a formal vote. After a brief discussion on the matter, the consensus was to take the business up on its offer and if things don’t proceed as expected, it would use a clause in the pact to terminate it.

Council Member John Canale said he had three concerns with the plan.

“If we allow them to do this and we enter into this agreement … does that mean we’re not asking the citizens then to carry in and carry out? Does this cancel that out?” he asked.

Tabelski said the "carry in, carry out" policy will apply to use of the pavilions at the parks.

“So, when you use a pavilion on the weekends, we’re not doing rentals and we’re not approving overtime of DPW (Department of Public Works) staff or park staff,” she said. “However, we still have garbage cans in the parks around the playground areas and high use areas – which is what they would service.”

Canale that brought up the fact that Casella wants to label the trash cans with the “Serviced by Casella Waste” sign.

“I don’t have a big problem with that, I just don’t want to set a precedent that where other organizations may want to volunteer their services and put up some type of advertisement in the park as well … I don’t want our parks to become a billboard,” he said.

His final issue was what happens if things don’t go as planned.

“If we enter into this agreement and find out that it’s not what we thought it was, do we have a clause in there that we can cancel that agreement at any time?” he asked.

Tabelski said the contract could be cancelled without cause with a 60-day notice and immediately if either party defaulted in any manner.

Council members Rose Mary Christian and Patti Pacino shared that they have received calls from several residents who are against the idea due to poor service from Pero’s former business, Trash Away.

Council Member Paul Viele informed them that Casella is a separate company and that Pero works for the Rutland, Vt.-based enterprise.

“And I think it’s a great idea that they they’re picking it up for free. Thank you,” he said. “If it doesn’t work out, we’ll figure something out.”

Canale agreed to not judge the new company on the past, stating if a problem does arise, Council will address it.

Christian said that she is a Casella customer and said “they’re very reliable.”

Casella’s offer will mirror what is currently being done by DPW staff at the parks and downtown.

Following the meeting, Council President Eugene Jankowski Jr. said nothing has been finalized at this point.

“The process is still ongoing and there’s still now a two-week period of time for the public to weigh in,” he said. “It appears that the public has weighed in so far – and talking about the former company and the former concerns they had with the former company. This is not the same thing, It’s a different company now.”

He said that the impression he got from Council’s comments is that the new company should be given a chance.

“It’s not the same company that people are upset with. However, there still is time for the public to weigh in and if they have a concern, contact your Council member. We won’t be voting on it officially until next meeting.”

In other action, Council moved two other resolutions to the Business Meeting next month:

• Using $69,700 from the appropriated parking lot reserve fund to pave the Center Street lot ($50,000), Lions Park lot ($12,500) and Canale lot west of 240 Ellicott St. ($7,200).

“For the record, that (the Canale lot) has nothing to do with me. It’s the old Canale’s bar,” Canale said, drawing a laugh.

When asked if COVID-19 relief funds could be used for this project, Tabelski said it likely wouldn’t happen for this one – “We don’t have all the rules and regulations,” she noted – but said the might be able to appropriate some of that money for future paving projects.

Williams Park is on the city’s paving scheduled for 2022-23.

• Appointing five people to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

CALLING ALL PARADE PARTICIPANTS

Bialkowski issued a call for veterans groups and others to participate in next Monday’s Memorial Day Parade, which will start at 9:45 a.m. at the Eastown Plaza.

“We’ve sent out a lot of invitations but the RSVPs are very poor so far this year,” he said. “I’ve only got about a dozen back so far.”

He added that the Batavia High School band will be in the parade, with marchers including law enforcement and fire personnel. He said he believes there will be some pipers and is hoping for Mighty St. Joe’s Drum & Bugle Corps to take part as well.

“We have vehicles lined up for veterans who want to ride,” he said.

Bialkowski can be reached at (585) 409-3624 or at bbwski@yahoo.com.

Previously: City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district