Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Charles Earl Ford, 57, of Woodfield Road, Baldwin, is charged with criminal trespass 2nd.  Ford was located at 6:52 a.m., Oct. 18, by a homeowner on Galloway Road, Batavia, sleeping in a car parked in the garage of the residence.  Ford was processed at the Genesee County Jail and released.

Liza Monica Bezczynski, 26, of Pearl Street, Batavia, is charged with violation of a court order by physical contact and harassment 2nd. Bezczynski allegedly struck and kicked a person at a residence on Pearl Street at 11:46 a.m., Friday.  She was issued an appearance ticket.

Drug Take-Back Day continues until 2 p.m. in the Alva Place parking lot in Batavia. You can turn in your unused or expired medications for safe disposal to help prevent prescription drug abuse, accidental poisoning, and protect the environment.

There are also locations at the Pembroke Town Hall and the Le Roy Police Department.

Photo: Officer Stephen Quider, K-9 Batu, and Detective Jason Ivison.

The Oakfield-Alabama/Elba Aggies wrapped up their regular season with a perfect 8-0 record on Friday with a convincing 58-14 win over Geneseo.

The Aggies sit atop Class D heading into the post-season.

Gaige Armbrewster rushed for 155 yards, scored twice, on eight carries.  

QB Bodie Hyde gained 122 yards on the ground, taking the ball into the end zone twice on six carries.  He was 1-1 passing with a 68-yard TD and notched 10 tackles on defense.

Also at QB, Kameron Cusmano was 3-5 passing for 65 yards and rushed for 39 yards on five carries scoring one TD.  On defense, he had nine tackles.

Connor Scott had a 68-yard TD reception.

CJ Gottler lead the defense with 13 tackles and a sack.  Ethan Cramer, nine tackles and a fumble recovery.

"We are very pleased with how the boys started this game," said Head Coach Tyler Winter. "From the first whistle, they executed at a high level and that did not waiver during the course of the game.  This was a good way for us to build some momentum heading into sectionals."

Photos by Kristin Smith. For more, click here.

The Blue Devils offense once again proved too much for an opposing defense as Batavia beat Wilson Magnet at home on Friday 42-20.

Cam McClinic scored two touchdowns on six carries for 42 yards. Jesse Reinhart rushed for a touchdown and toss one while going 5-6 passing.

Javin McFollins had a TD reception on two catches for 32 yards. Vincent Arroyo caught a 46-yard TD pass and Aiden Anderson caught a 25-yard TD pass.

On defense, Kaden Marucci had eight tackles. 

Other Friday games:

Alexander 10 over Cal-Mum/Byron-Bergen, 10-0.  Brayden Woods carried the ball 20 times for 51 yards.  Nick Kramer had 11 carries for 77 yards and a TD.  He was also 4-6 passing for 25 yards.  The Trojans finish the regular season 7-1.

Oakfield-Alabama beat Geneseo/Mount Morris, 58-14.

To view or purchase prints, click here.

Photos by Steve Ognibene

City schools officials are on a journey to dole out warm welcomes, and they’re taking Batavia Blue Devils on board for the ride.

Or make that, onboarding: an effort that more companies and organizations are making to fully integrate new employees.  For Batavia City School District, this means tours, group sessions to complete required paperwork, and more down-to-earth greetings, says Trisha Finnigan, executive director of operations.

“When inviting them for an interview or screening, it starts with ‘thank you for applying to become a member of the Blue Devils family,’” she said during Thursday’s Board of Education meeting. “We start with that notion that we are a family from the get-go.”

Unlike traditional orientations, usually done in groups to review policies and procedures, onboarding is to acclimate new hires and ensure “they have access to the things they need from the onset,” Finnigan said. Whereas orientations are typically a one-time event, onboarding will be a process of 12 or more months, she said. 

“It’s a process of integrating new employees over that period of time,” she said.  

An informational page of new employees, or those that moved into different positions, and their photos will be included in this effort, she said. People will better be able to place names with faces and know those who work in other school buildings, she said. 

Finnigan is scheduling one-on-one meetings with new employees to find out what they liked about the hiring process and what could have been done differently, she said. 

According to Glassdoor research, a great employee onboarding program can improve employee retention by 82 percent. Human Capital Institute states that 87 percent of employers credit buddy programs for boosting new hire proficiency. Batavia’s onboarding agenda includes a mentoring buddy, Finnigan said. 

The board later approved a slate of new employees, all of which will get to know the rest of the Blue Devils family soon enough. 

Other board approvals went to an inter-municipal agreement between Livonia Central School District and the Batavia district for shared remote/digital learning and a revised agreement with Mary Cariola Children’s Center.     

The introduction of new computer software means that it’s time to say good-bye to an old -- and outdated -- permitting and licensing fee schedule for the City of Batavia, according to a memo from City Manager Rachael Tabelski dated Oct. 25 and sent out ahead of Monday’s City Council Conference Meeting.

Council will convene at 7 p.m. for the Conference Meeting, which features a full slate of agenda items. A Special Business Meeting set up to vote on three of those items will follow.

In the memo, Tabelski promotes Energov software, a program that creates digital files for permits and licensing that will make life easier for Inspection Bureau staff. However, some of the current fees are not articulated clearly enough to jive with that software.

Additionally, she reports that a review of the city’s current processes and procedures – along with permit fees – was conducted.

Noting that the fee schedule hasn’t been updated in at least 15 years and has resulted in varying, inaccurate cost calculations, she is proposing a new fee schedule – a revised list of charges for certain projects that was approved by the Inspections Bureau, Plumbing Board and Bureau of Maintenance.

“In order to ensure that permit fees can be calculated in Energov and to create a permit fee schedule that is fair to all, a new fee schedule is proposed,” Tabelski wrote. “Many permits are proposed to be a flat fee. Permits that are not a flat fee have been structured for easy calculation by staff, the public and will easily compute in Energov.”

The memo indicates that work performed by the property owner will be calculated by square foot. If the project is not included on the list of flat fee permits – such as a porch rebuild or removal of a load-bearing wall – then the value of the cost of the project would be multiplied by 1.2 percent to determine the fee. Also, the fee will triple if work is done without a permit.

If approved by Council, changes would take effect on Jan. 1, 2022.

Tabelski put together a chart showing items up for revision and compared the proposed new cost to fees in Canandaigua, Lockport, Rome and Glens Falls.

Items on the list for revision, followed by the current fee, proposed fee (in bold), and fees in the four cities listed above in order:

• Re-roof all 1-family dwelling (2,200 sq ft - $13,000) -- $52, $65, $100, $59, $75, $50.
• Re-roof porch only (350 sq ft - $1,800) -- $40, $35, $100, $51, $75, $50.
• Re-roof commercial (1,200 sq ft - $26,000) -- $113, $312, $100, $150, $200, $150.
• Six-foot vinyl fence ($15,000) -- $65, $65, $50, $20, $75, $25.
• Six-foot wood fence ($7,000) -- $43, $65, $50, $20, $75, $25.
• Entire house vinyl siding (1,600 sq ft - $14,000) -- $53.50, $65, $480, $47, $75, $400.
• 1-family (375 sq ft - $22,000) -- $115.50, $264, $300, $150, $100, $200.
• Commercial addition (1,400 sq ft-$105,000) -- $550, $1,260, $500, $350, $200, $350.

Other Conference Meeting agenda items are as follows:

• Agreements with the Town of Batavia for city personnel to repair and maintain 31 street lights the town is putting up on Park Road in the area of Batavia Downs Gaming and a traffic control device the town is installing at the intersection of Route 98 and Federal Drive, north of the city.

In both cases, the city would invoice the town for labor and material costs.

Currently, city employees maintain the traffic light for the town at Veterans Memorial Drive and the Towne Center.

• Acceptance of a $500,000 Restore New York Grant that was awarded to the city in 2017 to assist Savarino Companies for demolition, rehabilitation and adaptive re-use of the existing former National Grid electric building in connection with the Ellicott Station project.

As a condition of disbursing the funds to Savarino, the Buffalo developer is required to enter into an “Undertaking Agreement” with the city to assume a portion or all of the obligations of the city under the grant.

• Mid-fiscal year transfers due to expenses incurred in excess of budgeted amounts set in April.

These include $30,000 from the contingency fund into the legal services budget for increased litigation costs, $12,000 from contingency into the information technology budget for an increase in the number of monitored computer servers, and $25,000 from the public works administrative salary account to the DPW engineering account for expenses owed to LaBella Associates in light of the city’s ongoing search for a DPW director.

Visit/shop online: Oliver's Candies • Sweet Life Country Store

Costs are going up with unexpected elevator repairs at Batavia Middle School, as city Board of Education members voted Thursday to approve a transfer of $212,000 from the repair reserve fund. 

Business Administrator Scott Rozanski had reviewed the issues and scope of work at the Sept. 19 board meeting, with the vote to occur this month. Members unanimously and without discussion agreed to the transfer for what Rozanski deemed “the worst-case scenario.” 

The elevator stopped working in March. Board members had approved an initial transfer of $65,000 for anticipated repairs by Otis Elevator Company in May, Rozanski said. A hydraulic cylinder had ceased to operate and work was to begin then, he said, but supply chain issues delayed it for a while. Work eventually began to repair the cylinder, however, there was an obstruction that prevented anything to continue. 

Otis Elevator proposed three phases to be used as needed: Phase I would involve cleaning out the hole, removing the pipe, and continuing the necessary work. If the cylinder casing is good, the issue should be resolved, Rozanski said, and the repair could be completed. The price tag for this first phase would be $35,000.

If it is determined that the casing is bad, then they will move on to Phase II for a new casing and another $26,000. Phase III is the “worst-case scenario” of the first two solutions failing, he said. Work will expand to include redrilling the hole, removing all of the debris, and putting in a hoisting beam, all for an extra $86,000 on top of the other two-phase costs. All totaled, it would be an additional $147,495.

The board’s vote on Thursday changed the original transfer from $65,000 to $212,000 to cover all three options if necessary, Rozanski said. That would leave an available balance of $86,703 in the repair reserve, he said. 

At that September meeting, Interim Superintendent Scott Bischoping added that the district’s construction manager obtained second opinions on the recommended work and didn’t just go with Otis Elevator’s proposal.

“This isn’t just a one-company idea,” he said.

The board also approved Campus Construction Management’s proposed cost of $3,875 to conduct a feasibility study on the potential renovation expenses of Batavia Middle School. 

In other matters, School board members received some good news during the district’s annual audit Thursday. Christian Townes of Freed Maxick CPAs said the firm issued an “unmodified opinion” for the school district. 

 “Which is the highest level of assurance that we can provide,” she said.

The overall rating, having no significant deficiencies and having no material misstatements is “a testament” to the hard work the district invests into its financial-related statements, she said. 

“Financially, the district is in good shape,” she said. “Overall, you had a really great audit this year. It went smoothly and there are no negative matters to report to you.”

The board voted to accept and approve the final audited report, basic financial statements, and audited extra classroom activity financial statements ending June 30, 2021. 

With revenues from auto dealer work on the decline, Genesee County Clerk Michael Cianfrini is hoping for a change in New York State’s revenue-sharing practices as well as participation in a pilot program to provide a much-needed boost for local Department of Motor Vehicle offices.

Cianfrini, in his yearly departmental review at the County Legislature’s Ways & Means Committee meeting earlier this week, said a lack of vehicle inventory has resulted in decreased income for the county DMV.

“The volume of dealer work has dropped off pretty significantly in recent months – and that’s statewide,” he reported. “Every county clerk is experiencing the same thing. A lot of that has to do with inventory … so car sales have dropped off.”

County DMV staff continues to handle dealer work for both in-county and out-of-county entities, Cianfrini said, but the revenue thus far – about $132,000 through September – likely will lead to an amount less than what was generated in 2020.

He said he recently registered the local office to take part in a state-sponsored pilot program where local DMV offices will be able to process transactions received at the state office via mail or online.

“They’re (state DMV employees) behind right now in processing those transactions that are mailed into them,” he said. “They’re behind and we need the revenue so they started this program … where they mail (those) transactions to our county for us to process and return them to customers.”

Cianfrini said the pilot program is expected to start in November or December and “hopefully make up for some of the lost revenues from dealer sales being down.”

Mentioning that he attended the NYS Association of County Clerks conference in Poughkeepsie on Monday, Cianfrini said the group’s “biggest push this year is to increase the revenue sharing that we get from the state.”

He said local DMV offices receive 12.7 percent of revenue generated from in-office transactions and “a pittance” from online transactions.

“We will be trying to negotiate either an increase in the online share to bring it up to parity with the 12.7 percent we get in-office or some negotiated figure along those lines,” he advised. “We do the lion’s share of the work, yet we get a minimal amount of proceeds, so we don’t think that’s fair.”

Since August, the county DVM office has been open for residents of all counties without appointment, and continues to offer drop box service.

“We’re processing everything from the drop box or mailed (to us) the same day it is received and we get it turned around and mailed out that same day,” Cianfrini said. “One or two people are assigned to do just that.”

In areas concerning the Genesee County Clerk's office (which, along with the DMV, is located at County Building I pictured above), Cianfrini reported:

• Back-scanning of records to digital images continues, with deed indexes and actual deed images available back to 1927, mortgage index and images back to 1966, miscellaneous records back to 1974 and miscellaneous index back to 1926.

“I just solicited a bid to get our mortgage index books back to 1917 and also asked for an estimate to image our mortgage books back to 1917,” he said. “Each year we’re trying to push our image records farther and farther back, especially for our online record sales. This makes it that much more valuable when people can do their research farther back.”

• The clerk’s office began online record subscriptions in January 2020, and the practice has been successful – generating more than $33,000 thus far in 2021.

“We’re anticipating revenues of $45,000 for this year, which is significantly higher than last year,” he said. “We take these revenues as a credit against our IQS (Info Quick Solutions) document management services contract, so that lowers the contractual amount we have to pay each year.”

• To date, pistol permit applications have hit the 440 mark and amendments have reached 2,273 – numbers that are higher than historic averages.

• About $425,000 is projected in local mortgage tax revenue for 2021, up from $419,000 last year.

On Thursday night, Sean Downing, chief of the Oakfield Volunteer Fire Department, said that he is working toward a meeting of town, village and fire department officials, with OVFD attorney Mark Butler of Williamsville acting as a mediator.

“It’s time to get this thing resolved and move forward,” Downing said. “The fire department is stuck in the middle here.”

Downing said citizens are upset over the impasse and several of them voiced their displeasure at a recent town board meeting.

After that, the fire chief said he suggested having representatives of the village and town sit down with fire department personnel and Butler.

“I’m drafting a letter to send to our attorney for review and for the town (Supervisor Matt Martin) and the village (Mayor David Boyle) to sign (indicating) that they will come to the meeting,” Downing said. “The letter also reads that they will agree to what our attorney recommends.”

Downing said he is proposing a few dates for the meeting in an attempt to find one that accommodates everyone involved.

Martin, responding to an email from The Batavian, reported that “a tentative meeting is in the works.”

Boyle, speaking by telephone yesterday, also acknowledged that “a meeting is being set up by the fire chief.”

The dispute centers upon how much the town should pay for fire protection services offered by the village, which owns the fire department trucks and equipment. The building itself, on Albert Street, is owned by the fire department.

The village is threatening legal action against the town for failure to pay $78,644.71 owed for the 2020-21 fiscal year. Boyle said the village will shut off fire and emergency response to the town (including the Oakfield-Alabama Central School District) if the bill isn’t paid by Nov. 30 – action that Downing said could be supported by the OVFD.

Martin said the town wants to renegotiate the longstanding agreement, and sent the village a check for half of that amount in an attempt to sit down and come up with a new three-year pact that removes charges to the town for capital expenses, such as trucks and equipment.

“The town would like a three-year agreement and a service contract only,” Martin wrote. “When we say service contract, we mean that the capital portion not be included as that is owned by the village.”

When asked if the town considered paying the full amount owed prior to renegotiation, Martin responded, “We have done this in the past and have gotten nowhere.”

“Once the village gets their money, they do not contact us again until it is time to discuss the fire budget again the next year,” he said. “We have asked for five years to work this out and they continue to ignore our request.”

He said the town board favors a service agreement for fire protection, similar to the one it has with the village for snowplowing.

Boyle’s response made it clear that he doesn’t believe that is fair.

“That’s ludicrous to me,” he said, reiterating that all necessary vehicles are dispatched and equipment used when firefighters respond to town emergencies.

The mayor, however, did say he was encouraged by the chance to express the village’s stance in mediation.

“There are issues to iron out, for sure,” he said. “I hope there’s a sense of give-and-take in the discussions, and not just demands.

“As far as I’m concerned it’s a no-win situation at this point. We’re going to have to come to some kind of compromise. Both parties deserve a contract that supports the fire department but also is fiscally conservative and responsible.”

Previously: Oakfield fire protection dispute update: Village wants full payment before negotiating; Town has sent half

Previously: O-A school superintendent hoping for quick resolution to village, town fire protection squabble

Republican incumbents Eugene Jankowski Jr., Jeremy Karas and F. Robert Bialkowski are being challenged by Erica O’Donnell (Democrat and Families of Batavia) for Batavia City Council-At-Large seats in the Nov. 2 general election.

Voters will select three of those four people to four-year terms.

Most of the candidates for elected positions in Genesee County this year are running unopposed.

Contested races include Town Council in Stafford, Bergen, Le Roy and Pembroke; Town Justice in Bethany and Le Roy, and Town Supervisor in Byron.

The election slate, according to the Genesee County Board of Elections:

GENESEE COUNTY

• County Court Judge/Surrogate (10-year term, vote for one) -- Melissa L. Cianfrini, R, C
• District Attorney (four-year term, vote for one) -- Kevin T. Finnell, R
• County Coroner (unexpired term, vote for two) -- Wade E. Schwab, R; John W. Peck, R
• County Legislature (four-year terms unless noted, vote for one) -- District 1, Chad A. Klotzbach, R; District 3, Gordon L. Dibble, R, C; District 4, unexpired term, Brooks M. Hawley, R, C; District 5, Rochelle M. Stein, R, C; District 7, John Deleo, R, C; District 9, Gary T. Maha, R, C

CITY OF BATAVIA

• City Council at Large (four-year terms, vote for three) -- Eugene A. Jankowski, Jr., R, C; Jeremy W. Karas, R, C; F. Robert Bialkowski, R; Erica B. O’Donnell, D, Families of Batavia

TOWN OF ALABAMA

• Town Justice (four-year term, vote for one) -- Pamela J. Thurber, R
• Town Council (four-year terms, vote for two) -- Jill L. Klotzbach, R; Kevin J. Veazey, R

TOWN OF ALEXANDER

• Town Justice (four-year term, vote for one) -- Ronald P. Merrill, R
• Town Council (four-year terms, vote for two) -- Eric T. Wagner, R; Laura F. Schmieder, R

TOWN OF BATAVIA

• Town Supervisor (four-year term, vote for one) -- Gregory H. Post, R.
• Town Clerk (vote for one) -- Teressa M. Morasco, R
• Town Justice (four-year term, vote for one) -- Andrew J. Young, R
• Council (four-year term, vote for two) -- Patti A. Michalak, R; Daniel G. Underhill, R\
• Town Highway Superintendent (four-year term, vote for one) -- Thomas W. Lichtenthal, Jr., R

TOWN OF BERGEN

• Town Supervisor (four-year term, vote for one) -- Ernest J. Haywood, R
• Town Council (four-year term, vote for two) -- James S. Starowitz, R; Anne M. Sapienza, D, C, WOR; Teresa F. Whalin, R

TOWN OF BETHANY

• Town Clerk (unexpired term, vote for one) -- Shauna P. Klump, R
• Town Justice (four-year terms, vote for two) -- Joseph Nowakowski, R, Legal Party; Jeff Wolak, R; Peggy Johnson, Justice; Nichole Szymkowiak, Justice
• Council (four-year terms, vote for two) -- Diane L. Fowler, R; Daniel K. Street, R

TOWN OF BYRON

• Town Supervisor (two-year term, vote for one) -- Peter N. Yasses, R; Gerald L. Heins, Ind.
• Town Clerk (four-year term, vote for one) -- Debra M. Buck-Leaton, R, WOR
• Town Justice (four-year term, vote for one) -- Christopher M. Erion, R
• Council (four-year terms, vote for two) -- Jeffrey J. Thompson, R; Thomas H. Felton, R
• Highway Superintendent (two-year term, vote for one) -- David W. Leaton, Jr., R

TOWN OF DARIEN

• Town Clerk (four-year term, vote for one) -- Alice E. Calmes, D, C
• Council (four-year terms, vote for two) -- Michael A. Fix, R; David H. Krzemien, D

TOWN OF ELBA

• Town Supervisor (four-year term, vote for one) -- Donna J. Hynes, R
• Council (four-year terms, vote for two) -- Daniel L. Coughlin, Jr., R; Michael P. Augello, R

TOWN OF LE ROY

• Town Justice (four-year term, vote for one) -- Carol DiFrancisco, D; Tom Feeley (write-in)
• Council (four-year terms, vote for two) -- Robert Fussell, D; Sarah Krzemien, D; Bill Fox, C; David R. Paddock, R, C; Ronald B. Pangrazio, R

TOWN OF OAKFIELD

• Town Supervisor (four-year term, vote for one) -- Matthew E. Martin, R
• Town Justice (four-year term, vote for one) -- Thomas A. Graham, R
• Council (four-year term, vote for two) -- Carol L. Glor, R; Kim E. Wolcott, R

TOWN OF PAVILION

• Town Council (four-year term, vote for two) -- Donald A. Oberlin, R; Dean A. Davis, R

TOWN OF PEMBROKE

• Town Justice (four-year term, vote for one) -- Edwin F. Mileham, Jr., R
• Council (four-year terms, vote for two) -- Edward G. Arnold, Jr., R; Helen Trowbridge Hanes, D, Ind. Cit. of Pem.; K. Warren Clark, R
• Highway Superintendent (unexpired term, vote for one) -- Scott T. Turner, R

TOWN OF STAFFORD

• Town Clerk (four-year term, vote for one) -- Barbara L. Radley, R, Barb for Clerk
• Council (four-year terms, vote for two) -- Ronald T. Panek, R; James R. Duyssen, R; Cathy Worthington, C (write-in)
• Highway Superintendent (four-year term, vote for one) -- Steven B. Boldt, R, C

Emphasizing that the Genesee County Legislature has no intention of overriding the New York State property tax cap, County Manager Matt Landers this morning said he expects the tax rate for 2022 to decrease by 53 cents from last year’s figure.

“The rate as of right now, and the only reason the rate would go up if there is any kind of change to the assessments between now and when we finalize the budget in late November, is at $9.37 (per $1,000 of assessed value),” Landers said.

That’s down from the rate of $9.80 in 2021, a drop of about 4 ½ percent.

The tax levy, or the amount to be raised by taxes, is going from $31,451,727 to $32,130,246 – an increase of slightly more than 2 percent.

Landers pointed out that municipalities such as Genesee County can’t raise their tax levies by more than the 2 percent tax cap.

He said his office is finalizing the All Funds and General Fund spending plans, but indicated both will go up compared to 2021.

“I will have those numbers when I file the budget on Friday,” he said, indicating that his office will be issuing a press release tomorrow.

Genesee County is using $1.4 million of its unexpended fund balance in 2022, down from $2.3 million utilized in 2021.

Landers said the new Genesee County Jail – with groundbreaking set for next spring – is a key part of the 2022 budget.

“We don’t have any debt service in the 2022 budget because we’ll be borrowing for the jail in '22,” he said. “Debt service will come out in 2023.”

There are line items in next year’s budget, however, for four new corrections officers – positions that are part of a jail transition team required by the state Commission of Corrections to be in place prior to groundbreaking.  

“We’ll pick four us our more experienced COs to work on that, and that’s all they work on,” Landers said. “Then, we’ll backfill and hire four positions that we create. These positions will be kept on with the new jail because there’s an expected staffing increase with the new county jail.”

The county is planning to spend about $70 million on a 184-bed jail on West Main Street Road, just east of County Building 2. The facility will include a backup E-911 Center.

Two full-time nurses will be on duty at the new jail, an upgrade from the current one full-time nurse and one part-time nurse, Landers said, and four new positions will be added at the highway department – two seasonal and two full-time positions – to focus on tree cutting.

“We’re going to dedicate a tree crew that will work year round, working on the backlog of trees that have been devastated by the ash borer,” Landers said. “Trees are in the right-of-way and need to be cleared for safety purposes.”

“I don’t think there’s enough information from the State of New York to enter into something that we could never get out of,” Town Supervisor Gregory Post said following the monthly board meeting at the Town Hall on West Main Street Road. “The bottom line is that we can always opt in to it when we have more details and it is something that we can administer.”

Post said he was concerned that “a decision made by five people (the Batavia Town Board) probably isn’t a clear and transparent representation of the whole community.”

If a local law to opt out is passed following the public hearing set for 7:10 p.m. on Nov. 17 at the Town Hall, it could lead to a permissive referendum organized by residents who disagree with its decision.

“People opposing that law could get together and find their way to the ballot and ask the community whether they want this or not,” Post said. “In my opinion, this is too early in the game … and jump into this thing not know what the down-the-road consequences and financial implications are.”

The supervisor did acknowledge that eventually opting in to the new law could be “lucrative” to the town, which would receive 3 percent of the sales tax collected on cannabis transactions. The state would get 9 percent and Genesee County 1 percent.

“The county, which will be burdened with 100 percent of the cost of mitigating through mental health services, probation and any of the issues that come up from sales to minors – all of the cost and expense to the community through the health department, ultimately will receive only 25 percent of that (4 percent to municipalities),” he explained.

Post also brought up the fact that marijuana continues to be against the law at the federal level, and that regular testing of commercial truck drivers, who have to be free of substance use, will continue.

“The federal oversight and management of some of our largest employers, such as Graham, O-At-Ka Milk, HP Hood, those that are making food and are considered strategic investments have to be compliant,” he said. “It’s assumed that you’re OK to consume these (marijuana) commodities if they’re legalized in the town, and then go to work and find out you can’t work because you failed a drug test.

“We’re seeing as many as 50 percent of the drivers failing the drug tests because their assumption is if it’s legal, then I don’t have a problem. But yet, it is a problem.”

Signed into law by former Gov. Andrew Cuomo on March 31, the MRTA paves the way to an estimated $1 billion industry with expected annual revenue of $350 million and the creation of between 30,000 and 60,000 jobs.

The legislation permits adult use of cannabis for those 21 years of age and up – people who may possess, display, purchase, obtain or transport up to 3 ounces of flower or 24 grams of concentrated cannabis.

It also expands New York’s existing medical marijuana program and immediately allows eligible users to smoke cannabis in public wherever tobacco is allowed.

Consumption is not allowed in schools, federal lands, workplaces or in vehicles as the federal government still has jurisdiction in those places.

The two types of retail sites are retail dispensaries, which could be storefronts to buy products for home consumption and adult use consumption sites, and lounge-like locations for purchase and use on-site.

Municipalities have until Dec. 31 to opt out of any dispensary or on-site consumption site within their jurisdiction.

Previously: County manager sounds off against sales tax diversion, misguided cannabis excise tax distribution

Post, (photo at right), in providing The Batavian his first update on budget proceedings, said the preliminary General Fund spending plan for next year is currently at $4,845,357, which includes $1,346,403 in expenditures for the Highway Fund.

While the General Fund budget is up by about $800,000 from 2021 and the town’s revenue decreased, the Town Board is looking at using $1.18 million in unexpended fund balance ($600,000 more than originally anticipated) to keep the property tax levy at the same level, Post said.

The current tax levy on the books for 2022 (the amount raised by taxes) is at $1,236,000 – the same as the number in 2021.

“Which means that because of the increased assessed value (in the town), the tax rate will go down by about 12 percent – from $2.85 to $2.51,” Post indicated. “Nothing is set in stone as we still have several weeks to work through this and we may tweak it prior to adoption.”

The sewer rate is expected to remain flat at $7.09 per 1,000 gallons used, while the water rate for both residential and agricultural consumers is projected to increase by 2 percent – to $6.32 and $5.12 per 1,000 gallons, respectively.

Meanwhile, the fire district tax rate looks as though it will remain flat, but will result in greater revenue due to the increased assessed valuation.

The Town Board has scheduled public hearings on the sewer and water rates for 7 p.m. Nov. 3 at the Town Hall on West Main Street Road, with a public hearing on the budget to follow at 7:10 p.m.

A special meeting to adopt the budget, and the sewer and water rates is set for Nov. 17 at the Town Hall.

Additional details provided by Post are as follows:

• The strategy on the tax levy “was to keep this as flat as we can, and use up the residual money saved during COVID to purchase the things that were deferred from the last two years,” he said. “Now that we’re in full operation and projects are happening, we need to have the staff and the means to attend to that so we can continue to be in a growth mode.”

• The town is hiring another highway department employee and a “project manager” engineer to assist with administration of Park Road Reconstruction Project. “This is similar to what we did five or six years ago,” Post advised. “When the work increases, we add staff, and when the work decreases, we reduce staff.”

• The plan includes spending about $500,000 on a fleet of pickup trucks, something that was deferred due to COVID.  “But we might not even be able to buy trucks next year because they might not be available yet; trucks are hard to find,” Post said.

• The town realized a surplus last year of $280,000, enabling it to use more of its unexpended fund balance, Post reported. “That was due to the efforts the staff has made to find creative ways to finance projects and get grant money to subsidize the operations,” he said. “Through this process, we still have adequate reserves and unexpended fund balances to carry us through whatever the next Apocalypse is.”

• The board is considering pay increases averaging 3 percent, although not across the board, Post said. “That doesn’t mean that money gets spent. Those numbers are not finalized and set until the first of the year. This virtual situation has found a number of efficiencies and it has also allowed the town to service building permits, applications and plan reviews as well as administer public sector projects like Ellicott Trail and repaving and now Park Road and Route 98 improvements.

Freed Maxick CPAs representative Christian Townes is expected to review the city school district’s audit during a presentation to the Board of Education this week.

The board’s meeting is set for 6 p.m. Thursday at Batavia High School’s library, 260 State St., Batavia. 

The board is slated to accept and approve the final audited report, basic financial statements, and audited extra classroom activity financial statements ending June 30, 2021. 

Time is allotted for public comments before the audit and several other presentations from district officials: Trisha Finnigan with an operations update; Scott Rozanski with a financial summary report; Kylie Tatarka with a student ex-officio report; and Scott Bischoping with an interim superintendent’s update.

Other orders of business include votes to approve several personnel-related retirements, resignations, leaves of absence, transfers, and new hires; a Memorandum of Agreement between the Batavia Custodial Association and the city school district; and an agreement between the district and Otis Elevator Company for the repair of the middle school elevator.

An inter-municipal agreement between Livonia Central School District and the Batavia district for shared remote/digital learning; and a revised agreement with Mary Cariola Children’s Center will also be up for a vote. 

The board is also expected to discuss and vote on a proposal from Campus Construction Management to conduct a feasibility study on the potential renovation costs of Batavia Middle School. The proposed cost is $3,875 and would include the impact a renovation would have on other district buildings. 

Board meetings may also be viewed online at:  https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

Anyone who would like to speak during a meeting may complete this form: https://docs.google.com/forms/d/e/1FAIpQLScyKRcezlrZtf_o2bN8j7DyfLhYxYrDfGl3tYJyoeTJ87ZuKQ/viewform

Gov. Kathy Hochul touted the hard working Western New York community today as she took part in a groundbreaking ceremony to recognize Plug Power, Inc.’s $290 million investment at the Science & Technology Advanced Manufacturing Park in the Town of Alabama.

“There is a strong work ethic here,” said Hochul, a Buffalo native who spent much time in Genesee and surrounding counties during her days as a U.S. Congresswoman and New York State lieutenant governor. “I come from just a little bit down the road – the granddaughter of a steel worker in a steel plant; my dad worked in the steel plant. In Rochester, he worked at Eastman Kodak and many other jobs.

“People are used to working hard, and employers are recognizing it. This is in our DNA. This is what they will get when they come here and invest here. They’ll get the very best people.”

Hochul was joined by Andy Marsh, chief executive officer of the Latham-based Plug Power, which is set to construct a major green hydrogen fuel production plant and a 450-megawatt electric substation that will provide power to the entire STAMP site.

Officials from the New York Power Authority were also on hand at the Genesee County Economic Development Center-coordinate event, which drew around 100 people.

The NYPA board previously approved a 10,000-kilowatt hydropower provision along with $1.5 million in funding from the Western New York Power Proceeds program, and 143 MW of High-Load Factor power that NYPA will procure for Plug Power on the energy market, drastically lowering electric bills through a reduction in electricity delivery chargers.

Other speakers were State Sen. Edward Rath, Assemblyman Steve Hawley, Genesee County Legislature Chair Rochelle Stein and GCEDC Vice President of Operations Mark Masse.

A CLEAN ENERGY REVOLUTION

Hochul said that the location “is the place where the clean energy revolution is happening.”

She thanked officials at the NYPA for “harnessing the power of the Niagara River … and (being able to) spread that energy across the state – literally, spread the energy across the state.”

“To invest here and to send a message that this project is important enough to have your investment, but also to transfer electricity here and power here, and the conversion into green hydrogen. That’s not happening anywhere else; nowhere else are they being that creative,” she said.

She drew a round of applause when she said, “It’s happening here in Genesee County. And as a result, we’ll have North America’s largest green hydrogen production facility here in the State of New York, but right here in Genesee County.”

The governor said she was “so delighted” to be back home again as this county has special meaning to her.

“I heard Mark (Masse) say I was here a few times,” she said. “I was here a few times a week – to your candy stores and your shops and your restaurants and your downtown, and had the opportunity to talk about the Downtown Revitalization Initiative and so many other transformative projects. So, when I come back home here it gives me the sense of not just (being) excited about what we’ve done in the past but the possibilities in the future. And, ladies and gentlemen, the future is starting today.”

THANKING THE 'EARLY VISIONARIES'

She credited “early visionaries” such as Steve Hyde, former Senator Mary Lou Rath, Assemblyman Steven Hawley, Genesee County Legislature Chair Rochelle Stein and local government officials.

“Thank you for never giving up, for always having the faith. Your persistence and patience has paid off. And that’s what today is all about.”

And she thanked Marsh for seeing the possibilities in Genesee County.

“It’s companies, it’s people and it’s also places, and this place has been crying out for an opportunity like this to show what it was really made out of,” she said. “And the location, I’ve always said this. This region is spectacular because of its proximity to two larger urban areas …”

Masse said interest in STAMP from corporate site selectors from the advanced manufacturing sector -- including semiconductor and clean energy -- has never been stronger.

“There’s a long queue of prospects constantly asking for information, meetings and visiting the site. Our region and our site are very suitable for companies such as Plug Power to succeed and make a lasting impact,” he said.

MASSE PROMOTES SHOVEL-READINESS

Noting that the region has 2.1 million people in a 60-mile radius with 57 colleges and universities – and 4,000 engineering graduates annually, Masse said, “The only thing holding us back now is the increasing of our capacities of existing infrastructure to make this site completely shovel-ready.”

“This would have the full water, sewer, electric at the property line for any company looking to locate here so they can move quickly to construct their facility and be up and running as soon as possible.”

Masse said he was hopeful that New York State will continue to make infrastructure investments to advance the shovel-readiness of mega-sites such as STAMP.

Marsh compared Plug Power’s expansion to George Westinghouse’s pioneering electrical network more than 100 years ago.

“Hydrogen is really important, and green hydrogen is especially important,” he said, adding that projections show that 18 percent of the world’s energy is going to come from hydrogen.

MARSH FORESEES ACCELERATION

“And right here in the field will be the first large-scale green hydrogen network, not only in New York, not only in the U.S., but around the world. Just like George Westinghouse did with electricity years and years ago.”

He called that “a great accelerator for this local economy and Plug Power believes, with its investments here, which we hope to continue to grow – with our investments in Rochester – we will see the same.”

Marsh, mentioning that Plug Power’s green hydrogen will power forklifts at several big companies, said that 25 percent of food during COVID moved through Plug Power products.

“It really made the world realize what Plug Power was doing. We were able to raise $5 billion in the public market, which supplements a lot that goes on with support in New York and other places,” he offered.

CLICK HERE for more about today's developments.

Photo above: Gov. Kathy Hochul speaking at this morning's Plug Power groundbreaking event at WNY STAMP in the Town of Alabama. Photos below: Hochul and Plug Power CEO (center) and other regional and state officials take part in the ceremony; state, regional and local government leaders turned out for the event. Photos by Steve Ognibene.

From gentle mists to powerful downpours, Le Roy town and village residents are in for some water fun come next year.

Town and Village boards hashed out the plan for a new spray park at Wildwood Park during a meeting earlier this month, Le Roy Town Supervisor Jim Farnholz says.

“We all decided on what we liked,” he said during an interview Tuesday with The Batavian. “It’s really something for the community and answers a lot of questions. Our real hope is to open by Memorial Day in 2022.”

Those answers include what to do with a defunct wading pool with several leaks. The spray park will be installed in that space for 2,000 square feet of misting stations, aqua arches, showers, spills, and water weaves of intertwining spouts from the base outward. Activities are geared for kids of all ages and sizes, and the park will be handicap accessible, he said. 

A cooperative effort by both town and village boards, the project is estimated to cost $300,000 to be split by each municipality. The money is coming from the federal COVID-19 American Rescue Plan Act of 2021 (See "Le Royans can move off the creek ..."). Based on each municipality’s assessed property value, these relief funds have a list of requirements for how the money can be spent, Farnholz said. Though the 100 or so pages of specifics were “one of the challenges for municipalities,” the town and village discovered that a spray park fit the scope of the funding. 

“One of the very clear things was that it was designated for outdoor activities, parks, and green space,” he said. 

The new park will have extended hours beyond when the swimming pool is open, will not require a lifeguard, and will provide benches, sidewalks, a flat surface, and an assortment of spray heights so that those in wheelchairs can enjoy it as well, he said. The idea was in discussion before the federal money was even received, he said. 

The board members reviewed other spray parks in Genesee and Wyoming counties but landed on one in Brighton, Monroe County, as the best fit. 

“We like it; it seemed to offer the most different kinds of … mister stations, a dump bucket, and little ones for smaller kids,” he said. “It addressed a lot of issues.”

Brighton’s spray park, amongst many others, was installed by Texas-based company Water Odyssey, he said. The town and village have agreed to move forward with the same company as “a lot of municipalities were very happy,” with it. 

Town and village public works crews will perform the tear-out and site prep for the project to save some money, he said. Other work will include dealing with wastewater and electrical upgrades, he said. 

“Once we decide on a specific plan, they can provide the site prep information,” he said. “I’m hoping for it to be in the next week or two.”