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Tabelski: Public Works to look into white streaks that have found their way back to the City Centre

By Mike Pettinella

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.

Democratic Party Caucus to be held July 8 at Bergen Library

By Press Release

PUBLIC NOTICE

Notice is hereby given, pursuant to Sec. 6-108.3 of the New York State Election Law, that a Democratic Party Caucus will be held at 7 p.m., in the Town of Bergen, at the Bergen Library, 13 S. Lake St., County of Genesee, State of New York on the 8th day of July, 2021.

This Caucus is called for the purpose of nominating candidates to fill existing vacancies for town council and town supervisor at the General Election to be held on Nov. 2, 2021. Town enrolled members of the Democratic Party will be eligible to vote.

Michael Plitt, Chairman

Nikki Calhoun, Secretary

Photos: O-A Elementary students cheer eight retiring school bus drivers

By Howard B. Owens

Eight of Oakfield-Alabama's school bus drivers worked their last shifts today. To celebrate their retirements, they were paraded through the traffic circle at the elementary school.

The retiring drivers are Peggy Casper, Nancy Richthammer, Kathy Diver, Leanne Cleveland, Wesley Waldron, Al Davis, Carlene Betters and Bob Reusch.

GLOW YMCA Golf Outing raises more than $12,000 for Y financial aid scholarships

By Press Release

Submitted photo and press release:

The GLOW YMCA Golf Outing was held Monday June 14th at the Terry Hill’s Golf Club. The event was a tremendous success in raising more than $12,000 to go toward financial aid scholarships for families in the GLOW Region who wish to participate in YMCA programs or services.

This year's sponsors were: Clark Patterson Lee; Ciurzynski Consulting; Five Star Bank; Freed Maxick; Marchese Computers; Manning Squires Hennig; Bank of Castile Tompkins Insurance; Ken Barrett Chevrolet; Crickler Vending; Kiwanis Club of Warsaw; Chris White of Merrill Lynch; Genesee Patrons; Curated Golf; Terry Hills Golf Club; Max Pies Furniture; and Terry Mooney Construction.

Special thanks to all these vendors and supporters of the GLOW YMCA as well as the golfers and Terry Hill’s staff. 

  • Winning foursome was Matt Woods, Mark Marcello, Mike Schuth, Andrew Daily shooting a 12 under 60.
  • Longest Drive winners were Susie Ott and Andrew Daily.
  • Closest to the pin winners were Peggy Miller and Jason Krempa.

Pembroke teen accused of unlawful imprisonment, criminal contempt, having high capacity ammo device

By Billie Owens

Christopher C. Good, 19, of Cohocton Road, Pembroke, was arrested June 8 and charged with unlawful imprisonment in the second degree, a Class A misdemeanor, stemming from an incident that occurred earlier that day. He was arraigned virtually by Bergen Town Court and released on his own recognizance. A subsequent investigation led to the Genesee County Sheriff's Office executing a search warrant on his residence June 15. Good was allegedly found in possession of a firearm, in violation of a previously served order of protection, and in possession of a high capacity ammunition feeding device. Good was arrested and charged with second-degree criminal contempt, a Class A misdemeanor, and criminal possession of a weapon in the third degree, a Class D felony. Good was arraigned virtually in Genesee County Court and remained in custody of the Sheriff's Office, jailed in lieu of $2,500 cash bail or $5,000 bond. The county DA's office assisted in the investigation.

Stephen J. Rucinski, 38, of West Main Street, Le Roy, is charged with three misdemeanors and a violation, respectively: criminal possession of a controlled substance, 7th; obstructing governmental administration in the second degree; aggravated unlicensed operation in the second degree; and no or inadequate license plate lamps. At 12:59 a.m. on June 9, Genesee County Sheriff's Deputy David Moore attempted to conduct a traffic stop of a vehicle in the area of Selden Road and Route 19 in the Town of Le Roy. The operator, Rucinski, allegedly fled from the vehicle into a wooded area north of Selden Road. Deputy Nicholas Chamoun, Deputy Andrew Mullen and K-9 Frankie arrived on scene to assist locating the defendant. Following a successful track by K-9 Frankie, Rucinski was taken into custody without incident. It is alleged that he was in possession of a controlled substance at the time of his arrest and that he was driving with a suspended NYS driver's license. He was released with appearance tickets returnable to Le Roy Town Court July 6. Also assisting in this case were Sheriff's Sgt. Andrew Hale and members of the Le Roy Police Department.

Batavia Middle School celebrates its Honor Society members at Van Detta Stadium

By Howard B. Owens

Students at Batavia Middle School who have been accepted in to the Honor Society were celebrated in a ceremony at Van Detta Stadium on Wednesday afternoon.

From Ashley John Grillo, principal, Batavia Middle School:

Seventh grade 2021 Batavia Middle School Honor Society inductees

Brandon Currier, Cole Davis, Payton Dickinson, Elijah Fancher, Emma Godfrey, Gianna Grillo, Landon Hamilton, Kyleigh Kabel, Kailyn Lee, Harold Mellander, Sydney Parker, Gretchen Redder, Ella Shamp, Helaina Staley, Drew Stevens, Gianna Strollo, Isaac Varland

Seventh grade students who were inducted virtually last year as seventh graders

Ava Anderson, Cameron Baiocco, Kylee Brennan, Brooke Callahan, Lila Callan, Jeremiah Childs, Allison Debo, Maddison Dennis, Kahler Evans, Roan Finn, Will Fulton, Grant Gahagan, Samuel Grillo, Faith Guiste, Ava Higgins, Jakob Hutchins, Jameson Motyka, Mia Pellegrino, Jake Phillips, Kayla Richenburg, Campbell Riley, Bridget Taggert, Trevor Tryon, Alyssa Turner, Madilyn Underhill, Ava Wierda, Allyson Wormley, Kelsey Kirkwood

Eighth grade 2021 Batavia Middle School Honor Society inductees  

Madeline Bellamy, Aubrey Bisher, Bronx Buccholz, Yannis Ciornei, Isabella DeVay, Nicole Doeringer, Lillian Emerson, Emerson Fitch, Brady Mazur, Alexandra Morrill, Jayla Odom, Samuel Pies, Lylianalynn Santos-Baez, Andrew Smith, Gavynn Trippany, Payton Vickery

City Councilperson-at-large candidate supports no-excuse absentee voting

By Press Release

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.

Video: Two months after accident that left him in a coma Jack Houseknecht welcomed home

By Howard B. Owens
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Two months ago Batavia's Jack Houseknecht was involved in a horrific accident in the Town of Middlebury that left him hospitalized and in a coma. Yesterday, he came home, led to his house by a parade of family, friends, supporters, and escorted by City fire and Batavia PD.

City selects current zoning manager for Rochester and former Batavia resident as assistant city manager

By Press Release

Press release:

The City of Batavia Manager Rachael J. Tabelski announces the appointment of Jill M. Wiedrick, member of the American Institute of Certified Planners, to the position of assistant city manager. Wiedrick was selected following an extensive search for candidates.

A lifelong resident of Western New York, Wiedrick holds a master's degree in Urban Planning from the University at Buffalo and is a member of the American Institute of Certified Planners. She has served in local government for the last 15 years, including senior county planner for Genesee County. She currently holds the position of manager of zoning for the City of Rochester.

Wiedrick has extensive background in land use, planning, community engagement, as well as policy development. She has experience in municipal budgeting, permitting, and the use of technology to create efficiencies for local government.

“I believe that Jill has the unique skills and leadership qualities we need in the City of Batavia to advance our mission and strategic priorities. She will be responsible for different projects in the City including: administrative services, organizational risk management, organizational values, community & neighborhood development, public relations, information technology and the continued implementation of Enterprise Resource Planning (ERP) software. Jill will also work directly on the City’s annual budget, capital planning and other initiatives on behalf of the City,” said Rachael J. Tabelski, City of Batavia City manager.

A member of the Genesee Symphony, Wiedrick currently lives in the City of Rochester with her husband, Andrew, and their two children, Ty and Jolene. As a former resident of the City of Batavia, Wiedrick is excited to return to the area and put her experience to work for the residents of Batavia.

Lockport teen who died at Indian Falls was Section VI diving champion

By Howard B. Owens

Jacob Minnick, the 18-year-old from Lockport who died yesterday in a drowning incident at Indian Falls, was a back-to-back to Section VI diving champion, according to the Lockport Journal.

In his senior year at Lockport High School, Minnick was undefeated.

He had just completed his freshman year on Clarion University where he was a member of the swim team. The athletic department issued the following press release (and photo above):

CLARION, Pa. – Jacob Minnick, a member of the Clarion men's swimming & diving team, tragically passed away on Thursday, June 17. He was 18 years old. A native of Lockport, N.Y., Minnick had just completed his first year of study at Clarion and was an active member of the Golden Eagle team.

Information regarding memorial services are not available at this time.

"Jacob was a very sincere, polite, happy, caring kid," said Diving Coach Dave Hrovat. "In the time I got to know him, it was easy to see that he loved training with his teammates and loved being part of the program. He had a bright future ahead of him, athletically and academically. I want to express my heartfelt condolences to all his family and loved ones, and let them know that we are there for them in this tremendously difficult time."

"Jacob had a smiling, bright-eyed face every day walking on the pool deck," said Head Swimming & Diving Coach Bree Kelley. "He enjoyed his teammates and Clarion and we were excited to see him progress through our program. We are surely going to miss that smiling face. We will be offering counseling services for our team if they should need it but in the meantime our team will stand together to support one another through this tough loss."

"We are extremely saddened to learn of the passing of Jacob," said Director of Intercollegiate Athletics Wendy Snodgrass, Ed.D. "He was an important and valued member of our men's swimming and diving program, and quickly developed strong bonds with his teammates and coaches. Our thoughts and prayers are with his family and everyone who knew and loved him."

"I extend our deepest sympathy to Jacob's family, friends, teammates and the faculty and staff in the Clarion community who knew him," said Clarion President Dale-Elizabeth Pehrsson, Ed.D. "Any loss of life is a tragedy, but the grief cuts especially deep as we mourn a young man who had accomplished so much and had so much more to give."

Minnick recently completed his first year as a member of the Golden Eagle men's swimming & diving program, and was a Biology / Ecology major. A freshman from Lockport High School, he did not compete during the 2020-21 season but was an integral part of the team during their training schedule. One of the top divers in the history of Lockport, he was a three-time state meet qualifier in high school, with a number of section championships to his credit. He placed 14th at the state meet as a junior and 16th as a senior.

County officials continue plea for residents to conserve water, especially on hot, dry days

By Press Release

Press release:

Genesee County officials continue to ask residents to conserve water, especially on hot dry days.

According to county officials, there are two driving factors behind the conservation efforts. The first is that the water infrastructure improvements the county planned to have in place by the summer of 2020 still have not been completed due to complications with the coronavirus pandemic. Second, and more recently, the water level in the aquifer that feeds the City of Batavia Water Treatment Plant is approaching historic lows.

The City of Batavia Water Treatment Plant provides nearly 50 percent of the county's water needs.

The county stressed it has plenty of water 24/7/365 on average days, but without conservation efforts, producing enough water on hot, dry days will be challenging as groundwater levels will continue to drop through the summer. The county is again asking everyone to be smart with their water as summer progresses.

Please avoid watering lawns and washing cars. There are plenty of other ways to save water as well.

Without water conservation measures in place, had events like Monday's large barn fire in Le Roy occurred in the middle of a hot/dry stretch, there would have been major supply issues. There are plans in place for emergency water supply and pumping, but it is much easier if everyone works together to do a small part.

Batavia High senior receives William F. Brown Jr. Memorial Scholarship from The Jerome Foundation

By Mike Pettinella

Inspired by the oldest continuously operating newspaper investigative journalist department in the nation, Batavia High School senior Sophie Beckman is determined to helping the downtrodden and oppressed people in society while working toward her newswriting goals.

Beckman’s aspirations, along with her academic achievements and extracurricular activities, impressed the scholarship committee of The Jerome Foundation, which has awarded her with the William F. Brown Jr. Memorial Scholarship for 2020-21.

Beckman, daughter of Anthony and Jolene Beckman, was honored Thursday at a luncheon at Terry Hills Restaurant.

The $4,000 scholarship -- $1,000 annually for four years – is given to a graduating senior from a Genesee County high school who will be pursuing a career in journalism, communications, marketing or public relations.

It is presented in memory of William F. Brown Jr, a local journalist who was very involved in community service and was a charter member of The Jerome Foundation.

Beckman, who placed third in her graduating class, will be attending the State University of New York at Stony Brook, which is located on the north shore of Long Island -- approximately 60 miles east of New York City.

She said she chose Stony Brook for its journalism school and hopes to carve a path for herself to work in the metropolitan area.

“One of my end goals is to become an investigative journalist, and focus on uncovering things beneath the surface to help people who have been marginalized or just have experienced injustice in the world,” she said. “An inspiration behind that is the investigative journalism team, such as the Spotlight team from the Boston Globe.”

It was the Spotlight team that uncovered and reported upon widespread and systemic child sex abuse in the Boston area by numerous Roman Catholic priests.

“When I heard about that, that’s why I wanted to become an investigative journalist to uncover stories like that on a national level,” she said, noting that she became interested in journalism during her sophomore year. “Not only from the investigative standpoint but also because I love writing – and sort of combining writing with social activism, which is what I really want to pursue and journalism seemed like the perfect combination of that.”

Beckman said The Jerome Foundation scholarship stood out for her because “it was for someone who was pursuing journalism and also that wanted to help other people, the way Mr. Brown did.”

“He helped the community and, based on what I read, he promoted Genesee County in particular,” she said. “And The Jerome Foundation, in general, their goal is to provide funds to better the community and I think that’s the ideology that I have – to use my work to better the community; not just to better myself, but to help others.”

Beckman completed many advanced placement courses at Batavia, and also is graduating with a Seal of Biliteracy as a result of taking Spanish throughout high school, including college-level classes. She also was involved in varsity sports, mock trial, scholastic bowl, National Honor Society and student government.

She said she hopes to intern next summer when she’s back home, mentioning The Batavian as a possible place to gain experience.

Photo, from left: Ron Chrzanowski, vice president of The Jerome Foundation, presents a plaque recognizing Sophie Beckman, a Batavia High School senior, with the William F. Brown Jr. Memorial Scholarship as Sophie's father, Anthony, and Joseph Scanlan, Ed.D., member of The Jerome Foundation Board of Directors, look on. Photo by Mike Pettinella.

Basom-based Alleghany Farm Services takes drainage design, installation to a new level

By Mike Pettinella

Keeping abreast of the latest technology, maintaining a talented and dedicated staff and understanding the importance of building relationships have enabled Alleghany Farm Services LLC to deliver on its motto: Digging In. Helping You Grow.

Chad Klotzbach, managing partner, on Thursday invited customers, community leaders and friends to learn more about what it takes to properly provide drainage to farmland – and also to enjoy some food and refreshments – during a Field Day event at their business at 7342 Alleghany Road, Basom.

“We figured after COVID. Everybody is planted at this point. Wheat hasn’t come off yet. So, it’s a good kind of beginning to the summer break for everyone to get out and have a bite to eat and check everything out,” Klotzbach said.

Invitations were sent to about 300 people, mostly customers, he said. The company’s customer base stretches across the state and also to Connecticut, Massachusetts, Pennsylvania, Vermont and, most recently, Maryland and Delaware.

Alleghany Services was founded in 1983 by Chad’s father, Drew, who continues on as a partner in the firm, which consists of multiple companies, with Alleghany Farm Services and Alleghany Construction as the two largest.

Last night’s event, which featured complimentary food from Center Street Smokehouse and beverage from 42 North Brewing Company – and live radio coverage by WCJW (CJ Country), highlighted the farming side of the operation.

“Our focus tonight is to educate people about drainage and the benefits and the various equipment we have to serve the customers – from our large tile plows to even our smallest one that services vineyards and orchards,” said Klotzbach, who started with the company in 2010 after graduating from Clarkson University and advanced to managing partner about two years ago.

With about 30 employees and millions of dollars in specialized (and computerized) equipment, Alleghany Farm Services has installed 20 million feet of pipe over the past 10 years – it’s up to 4 million feet a year now – and has more than doubled its size in the past five years.

Klotzbach said it is the largest business of its kind in the Northeast and was the first to incorporate Global Positioning Systems (GPS) technology in drainage design and installation in the same region.

Operations Manager Christina Fetzer explained that field drainage consists primarily of three machines -- a tile plow, an excavator and a challenger tractor.

“Those three pieces of equipment work together to install the pipe in the ground,” said Fetzer, a Lancaster resident who has been with Alleghany Farm Services for about two years. “The tile plow is equipped with GPS and the entire field is designed ahead of time.”

A graduate of Canisius College with a master's in Business Administration, Fetzer said many factors go into the design of how the pipe is to be installed.

“There’s field elevation, crop type and soil type, and we take all of that into account ahead of time to have a custom design put in. That’s inputted into the machine via GPS to install in the field,” she said.

Klotzbach said it’s all about water management and configuring the pipe system to ensure maximum crop production.

“When you install subsurface drainage in a grid pattern, you’re controlling pretty much the water table,” he said. “You’re dealing with surface saturation so you can get on the crops earlier in the spring and same thing in the fall. If you get an inch of rain, you have a lower point of saturation in the soil. With the pipes behind able to take the water away, it just allows you to get on – you can do your spring, your plowing, whatever you’re needing with harvesting.”

Klotzbach, a Genesee County legislator representing the towns of Alabama and Oakfield, said the Alleghany Farm Services team continues with its customers after the job is done.

“It starts with our sales team and then we collect data and do extensive research in order to create the proper design,” he said. “We can install on average about 15,000 feet a day per machine. We stand by our work and remain in contact after projects are completed to make sure everything is performing correctly.”

--------------

For more information about Alleghany Farm Services and Alleghany Construction, send an email to info@alleghanyfs.com or call (585) 762-4411.

Photos, from top to bottom:

-- Two-year-old (almost 3) Weston Passamonte enjoys a few moments in the driver's seat of a full-size tile plow during Thursday's Field Day event. The boy's father, Joe, works for Alleghany Farm Services. 

-- Chad and Drew Klotzbach.

-- Genesee County Legislature Chair Rochelle Stein, left, and Legislatore Marianne Clattenburg stand next to a vineyard plow. The vineyard plow is only seven feet wide, which enables it to go between existing grape rows and narrow orchard rows.

-- The cabin of the large tile plow, complete with GPS, cameras and other technology to ensure the proper drainage system design and installation.

-- Chad Klotzbach and a group of his customers with a stack of tiling in the background.

Photos by Mike Pettinella.

Lockport Teen Drowns at Indian Falls

By Howard B. Owens

A volunteer dive team attached with the Alden Volunteer Fire Department located the body of 18-year-old Jacob C. Minnick, of Lockport, in the churning waters below Indian Falls at 5:51 p.m. on Thursday.

Minnick had apparently gone to the falls with a group of friends to jump off the rocks into the water and after one jump shortly before 4 p.m. he resurfaced briefly and wasn't seen again.

His friends tried searching for him themselves before first responders from Pembroke, Indian Falls, and the Sheriff's Office arrived.

The City of Batavia's Fast Water Team was dispatched to assist in the search and team members were in the water for about an hour before the dive team was able to deploy. It took a diver about 11 minutes to locate Minnick's body. Coroner Karen Lang declared him dead at the scene.

Also assisting at the scene were Emergency Management and Corfu fire.

Previously: Juvenile who jumped in Indian Falls has not been seen coming to the surface, rescue units responding

Juvenile who jumped in Indian Falls has not been seen coming to the surface, rescue units responding

By Billie Owens

Deputies, the Emergency Service Unit Water Rescue Team, and the East Pembroke and Indian Falls fire departments are responding to the Log Cabin Restaurant in Indian Falls for a report of a juvenile who jumped into the water and has not been seen since.

"Confirmed unable to locate at this time," says a first responder on scene.

The restaurant is located at 1227 Gilmore Road.

"Swimmers times five in the water -- no responders just other swimmers -- in the water searching. Just want to keep a head count," a first responder tells dispatch.

The missing person is described as an 18-year-old male wearing black shorts. 

UPDATE 3:57 p.m.: All county rescue team members are called to the scene along with the city's water rescue crew and the Alden Dive Team.

UPDATE 4:04 p.m.: The city's second platoon is called to fire headquarters. Corfu fire will be dispatched to any Indian Falls and East Pembroke calls. Three civilian swimmers are now out of the water; two swimmers remain in the water.

UPDATE 4:07 p.m.: "Just offshore from where individuals are standing now, that's where he went under," says a first responder, noting that all civilian swimmers/searchers are out of the water. Some rescuers are asked to search downstream.

UPDATE 4:12 p.m.: Rope rescuers will have to be deployed to get the civilians out of the way. Some are reportedly climbing up the side of the falls to get out. Medics are standing nearby in case they need medical attention. Five firefighters are donning life jackets and preparing to search a half-mile downstream, according to command.

UPDATE 4:17 p.m.: All the civilians are not out of the water yet; two are still in the creek.

UPDATE 4:27 p.m.: The two remaining in the water are now out. Medics are checking out some of those who were in the water. Others are told to sit down -- they are on the opposite side of the creek from the rescuers -- until rescuers can get to them and take them to safety. "I don't want them crossing the water," said command.

UPDATE 4:31 p.m.: They are interviewing several eyewitnesses.

UPDATE 4:42 p.m.: "How far down did you go?" asks a rescuer about the firefighters who looked downstream. "About 75 yards. It was pretty dry down there," is the reply.

UPDATE 5:29 p.m.: The Alden Dive Team is on scene gearing up to go underwater to look for the missing teenager.

UPDATE 5:44 p.m.: Divers are searching underwater.

UPDATE 7:13 p.m.: Officials at the scene have confirmed the 18-year-old missing male swimmer is deceased.

UPDATE 8:43 p.m.: The Sheriff's Office has released the ID of the victim. He is Jacob C. Minnick, 18, of Lockport.

Lawmakers continue to ponder whether to impose a bed tax on internet lodging booking agencies

By Mike Pettinella

Genesee County is required to extend Local Law Introductory No. 1, Year 2019 – the statute that governs how the municipality applies its hotel/motel room occupancy tax – by Sept. 30, and it will do so either with or without a revision to include online booking platforms, such as Airbnb.

County legislators, Manager Matt Landers and Attorney Kevin Earl continued an ongoing discussion of the topic during Wednesday’s Ways & Means Committee meeting at the Old County Courthouse, and this time included Erik Fix and Kelly Rapone, president/chief executive officer and tourism director, respectively, for the Genesee County Chamber of Commerce.

Fix and Rapone emphasized a changing landscape when it comes to travelers’ lodging, citing a 47-percent increase in Airbnb business since 2018.

“It’s safe to say that the law that was established in 1995 (the original year of the Local Law), doesn’t necessarily hold true today,” Fix said. “The landscape for how folks utilize our community from a visitor’s standpoint has changed … So, what we put in place 25 years ago, doesn’t really apply to those people today.”

Fix added that the goal is to come up with a formula to change the bed tax law to include booking sites where folks can book rooms (people’s homes, apartments, cottages, cabins, etc.) for a night or a week – “however we see fit, based on the changes that have taken place.”

Rapone said that homeowners and some businesses are reaping economic benefit of making rooms available on a short-term basis. Currently, these people are not subject to the 3-percent occupancy or bed tax, as it is called, that applies to hotel and motel guests.

She said she found 17 local listings on the Airbnb website (actually 23 as of today).

“And it’s not just private homes that you’ll find there,” she said. “Some businesses, hunting preserve and Farmer’s Creekside Inn, which has five guest rooms. Rates range from $40 per night to $500 per night for a really nice property on Horseshoe Lake, and weekly rates are offered.”

She reported that she contacted two Batavia-area hoteliers and both are in favor of the legislation being changed.

“They feel that these other lodging options out there have an unfair advantage (compared) to some of the costs of operating that they have, particularly insurance, franchise fees, sales tax and, of course, the bed tax,” she said.

Rapone also noted that Airbnb and similar lodging options were seeing 80- to 90-percent occupancy while hotels see 65 to 75 percent in their peak months.

“So, from the hoteliers' perspective – two of them representing three properties – they’re very much in favor of this. Not that they’re in favor of more tax and more laws, but for them this is an advantage for other people,” she said.

She said that Airbnb has agreements with about 30 other New York counties and, it was later noted, that the company previously reached out to Genesee County leaders about forging a contract here.

The sticking point as far as a revision of the Local Law is the number of rental units and the length of stay.

Back in March, Earl proposed changing the law so that it would apply to less than six units, but only under circumstances when they are rented for more than 10 nights during an entire calendar year.

“It has to be less than six units and likely just one since houses are being rented out – so anything would be eligible,” Earl said. “I wouldn’t think we’d want to include somebody that rents the house out for a weekend to a cousin. We’re thinking a minimum of 10 or 14 (nights) per calendar year; a money-making proposition.”

Rapone said her research reveals that Airbnb’s arrangements with other counties generally focused on 29 nights being considered as a nonresident, but found some that go up to 90 days at seasonal summer destinations.

The bed tax that is imposed is a levy on top of the 8 percent sales tax. Rapone said the bed tax is charged only to visitors, not county residents. She said that 60 percent or more of the bed tax revenue goes to the Chamber for marketing and advertising the county’s assets, with up to 40 percent earmarked for administration.

Fix noted that Airbnb is one of multiple booking websites (Vrbo is another), and that any change in the law would affect all of them.

Landers said the county can’t contract with Airbnb because most of their rentals are one, two and three unit rentals, which currently aren’t covered by the local law.

“So, if we want to have an agreement with Airbnb, we have to change the Local Law,” he said. “It expires at the end of September … I think the time is right.”

He compared it to imposing sales tax on internet retailers, which was done after lobbying from the brick-and-mortar stores. He also said that lawmakers are taking their time on this issue in an attempt to prevent "any unintended consequences," such as the repercussions that arose over proposed stricter regulation of secondhand dealers.

When asked for the length of stay, Fix said it would require more research, but offered that 30 days right now seems like the standard length.

While no decision was made, the county has to renew the Local Law before the end of September, likely extending it for three more years. It can add language to include Airbnb and similar companies to coincide with the renewal or it can wait until any time after Sept. 30.

Previously: County discussion focuses on local law pertaining to 'bed tax' status of Airbnb-type rental units

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