Business

Press Release:

H.E. Turner & Co., Inc. Funeral Home of Batavia, was honored to represent the funeral service profession and the families it serves at the National Funeral Directors Association (NFDA) Advocacy Summit, held April 9 to 11, in Washington, D.C.

Steven L. Johnson, partner and funeral director at H.E. Turner & Co., Inc., participated in the summit as the only funeral firm from the State of New York, joining approximately 200 funeral professionals from across the country who came together to advocate on behalf of the NFDA’s 20,000 members nationwide.

Over the course of the summit, attendees collectively held around 300 meetings with legislators, senators, and their staffs—amplifying the voice of funeral service professionals and the families they support.

During his time in Washington, Mr. Johnson met with the legislative staffs of:

• Sen. Chuck Schumer (D-NY)
• Sen. Kirsten Gillibrand (D-NY)
• Sen. Chris Murphy (D-CT)
• Rep. Claudia Tenney (R-NY24)
• Rep. George Latimer (D-NY16)

Mr. Johnson and other NFDA advocates championed support for a number of bipartisan bills, including:

• H.R. 4275 / S.2191 – The Consensual Donation and Research Integrity Act
• H.R. 2436 – The Funeral Coverage Act of 2025
• S.1116 / H.R. 647 – The Ensuring Veterans’ Final Resting Place Act of 2025
• H.R. 1344 – The Dennis and Lois Krisfalusy Act
• H.R. 1228 – The Prioritizing Veterans' Survivors Act
• S.587 – The Death Tax Repeal Act
• S.623 / H.R. 1415 – The No IRIS Act of 2025

“Our mission in Washington was simple,” said Mr. Johnson. “To advocate for legislation that helps the families we serve—across all walks of life and political affiliations—and to ensure funeral service professionals have a voice in shaping the laws that impact our communities during life’s most difficult moments.”

H.E. Turner & Co., Inc. believes in the power of bipartisan advocacy to advance commonsense policies that uphold dignity, support grieving families, and ensure ethical practices across the deathcare profession.

The firm will continue to track the progress of these legislative efforts in the months ahead and is encouraged by the bipartisan interest shown during the summit. 

For more information, contact Steven L. Johnson, Partner & Funeral Director H.E. Turner & Co., Inc. Funeral Home, at 585-343-8868 or steven@bataviafuneralhomes.com.

Did you know that New York State is home to the largest resource of tappable maple trees in the United States?
New York State Maple Weekends provide a chance for the public to visit farms to learn about the maple sugar-making processes and traditions, and to provide a chance to taste pure maple syrup in its many forms – right from the source. Visit one of the over 2,000 maple sugar makers in New York State this Maple Weekend.

This event, organized and sponsored by the New York State Maple Producers’ Association, will be held on March 22, 23 & 29, 30, 2025. 

We hope you'll enjoy the taste of the season by visiting our local maple producers this month!

Maple Farms & Sugarhouses

Junior’s Maple | 9280 Alexander Road (Rt. 98), Batavia
Anytime!
Started in 2014, Junior's Maple Products welcomes visitors and locals to stop by the sugar house anytime to purchase maple syrup from their "breezeway" by leaving cash or check in the box. To explore this maple farm and to see the maple syrup process, be sure to call ahead to make sure they're in: 585-813-6446. 

Mudrzynski Homestead | 6982 Norton Rd, Elba
March 22, 23, 29 & 30 from 10-4
Join for an open house to learn how the Mudrzynski's syrup is made. Watch demonstrations how the evaporator works, enjoy maple syrup tastings, and shop for both maple syrup and honey. 

Randall’s Maple Products | 10307 Smithley Road, Alexander
March 22, 23, 29 & 30 from 10-4
Set in a picturesque farm setting adorned with a pond, the Randalls make delicious maple syrup for all to enjoy! During Maple Weekend, visitors will be taken through the process of making maple syrup. Antique maple syrup equipment and a B&O Caboose will be outside near a pond. A few things to note: The number of visitors in the sugarhouse at one time will be limited. While they love pets, please do not bring them along. Some pathways may be muddy and/or icy - be sure to dress accordingly. For inquiries, please call 585-547-3596.

Sweet Dream Maple Farm | 1116 Reynolds Road, Corfu
March 22, 23, 29 & 30 from 10-4
Sweet Dream Maple Farm produces pure NYS Maple Syrup from hundreds of trees owned by friends and neighbors and tapped the old-fashioned way - with buckets. Feel at home in their 200-year-old barn while you learn more about how they collect, and boil maple sap every spring to bring you the freshest maple syrup. You will see their modern evaporator boiling sap with a wood fire just like folks did centuries ago. Tour the maple kitchen to see where all the goodies (like maple cream and maple sugar shapes) are made.
If you have trouble getting around, they have easy access to an observation floor above maple operation so you can still experience the process.
A food truck will be on-site for lunch and will feature maple hot dogs and maple cannoli's! For inquiries, please call 585-356-2669.

Three Leaf Maple Farm | 11000 Chaddock Road, Alexander
March 22, 23, 29 & 30 from 10-4
The Three Leaf Maple group is dedicated to producing high-quality maple syrup and maple treats. They use sustainable harvesting practices to ensure the health and longevity of the maple trees, and they take great care in the processing and bottling of their products to ensure maximum flavor and quality. Their maple syrup is perfect for pancakes, waffles, and ice cream, while their maple treats make for a delicious and unique snack.

Maple Events

T.J. Woodward acquired West Main Wine & Spirits from Chris Blossom 2 1/2 years ago with an eye toward eventually moving into the retail space next door.

Now located at 343 West Main St., Batavia, the move has enabled Woodward to expand the shop's inventory and upgrade the store's appearance.

"We've added a lot of new products and expanded some of the lines," Woodward said on Saturday during the store's grand opening in the new location. "We've had an opportunity to grow, for sure, in a new space because it's two and a half or three times the size of the old one.

The move was slowed by red tape, Woodward said.

"It took forever because the state was really difficult to get everything lined up with the state as far as permits and then doing all the work," Woodward said. So, it took a lot longer than we thought, but finally, we got through all that paperwork."

Woodward owns the building, which was a key factor in his decision to purchase West Main Wine & Liquor.

"I wasn't necessarily looking to get into the liquor business as much as it was, I own the building, and Chris was looking to sell," Woodward said. "I thought it made sense to buy it. I knew that NAPA (auto parts) was eventually planning on moving out, so I figured it would be a good opportunity to take the liquor store and move it over."

Store hours are 9 a.m. to 9 p.m. Monday through Saturday and noon to 6 p.m. on Sundays. The phone number is 585-344-2717.

Photos by Howard Owens

As more than a dozen sign-holding activists opposed to the idea looked on, the board of the Genesee County Economic Development Center voted unanimously to approve an incentive agreement with Stream U.S. Data Centers, LLC for the company to build a massive $6.3 billion facility on 60 acres at WNY STAMP.

After the vote, one woman said repeatedly, "Shame on you. Shame on you for your vote." 

Outside the conference room, as GCEDC CEO Mark Masse walked back to his office, she yelled, "Shame on you Mark Masse."

Pete Zeliff, chairman of the GCEDC board of directors, said he thinks such reactions are over-the-top and the people protesting the project are not well informed.

"They haven't chosen to read all the reports," Zeliff told The Batavian after the meeting.

He's gotten a lot of emails about the project and he read the report on the objections raised at a Feb. 3 public hearing, he said.

For example, addressing concerns about the amount of water being used by a data center project, he said, "20,000 gallons a day of water is for toilets, for waste, it's not cooling or anything like that."

The advantage of Stream, also known as project Double Reed, is that it will only use a handful of backup generators that will only be used as necessary, far fewer than the other proposed projects, so the emissions will be minimal, he said. 

He said he supported the project because of the revenue it will bring to the three affected taxing jurisdictions -- the town of Alabama, Oakfield-Alabama School District, and Genesee County.

The three jurisdictions will split $7 million in the first year alone. 

U.S. Data Center's winning bid promises to pay at least 105% of the taxable value of the property. Of the course of the 25-year PILOT agreement, it will pay $128 million in fees (after the PILOT, the property will be taxed at its assessed value).

Those fees will be important to Genesee County, County Manager Matt Landers said to The Batavian after the meeting. The county has been wrestling with how to pay for a water project.

"We are dedicating 100% of that revenue towards phase three of the water project, and that's a project that has a potential price tag of $150 million," Landers said. "Whenever we have an opportunity to capture some dedicated revenue for a project like that, we will take advantage of it. So that is definitely something that is positive coming out of this."

Landers and Zeliff also both like the job creation aspect. While the jobs per acre of the project might be fewer than another project might generate, these jobs will pay on an average $89,000 each.

"Any job that we create is great," Landers said. "I know, as a community, as a county, we have to work on getting more housing so we can take advantage of all these jobs that are coming here. Looking around our business parks, it's pretty impressive to see how many jobs they have been able to create over the years. The challenge now is to make sure we have some housing for those jobs. I believe over 100 jobs are being created. That is good to see. I look forward to hopefully the next projects having even more jobs."

The local economy needs those 122 jobs, especially at that pay scale, Zeliff said.

"That's way above normal in Genesee County, Zeliff said. "There were people at the meeting talking about how they want their children to be able to walk through the refuge but this project is not going to affect the refuge. This is a project where their children can get a job when they're old enough to get a job."

Zeliff said the board and staff have done its due diligence on this project and he believes all of the environmental concerns of the opponents have been addressed.

"I really don't see a negative with the project," Zeliff said. "It's not as many jobs per acre, but they're good, well-paying jobs for the county of Genesee."

At Wednesday's WNY STAMP Committee meeting, Masse made the case for Stream Data Centers.

The water district project was part of his pitch.

"This project will help the county cover the shortfall of the water project," Masse said. "It will help maintain rates for all Genesee County residents for water. It will help the health and welfare of all county residents through the water project."

He also said the project is in line with DEC regulations. The noise levels are within the standards set by the environmental review process in 2012. The project is allowed under the 2012 site plan. There is no discharge of heated water. It won't affect the reliability of the power grid nor lead to an increase in rates. It has low air emissions. And, no wetlands will be impacted by the project.

Masse said it also uses far less water than the other two proposed projects.

It was also the only project with an agreement with a Fortune 500 company to lease 100 percent of the data center once it's operational.

"Rampart had promised the highest PILOT payment for three projects, but community members made it clear that money should not be the only factor taken into consideration for this process," Masse said to the committee. "Our job was to determine which project was the best for the community and STAMP, and based on the information provided to us by the three projects, Project Double Reed will have the smallest environmental impact and will best address concerns expressed by the Nation with respect to visual and noise impacts and with respect to local benefits."

The case for Double Reed is also made in the resolution approving the project.

The resolution states:

The agency has determined that the two other competing proposals are not the most advantageous to the State, and that it would be in the public interest to reject the proposals submitted by Potentia Holdings, LLC (hereinafter referred to as "Project Hydroscale") and Project Rampart, LLC (hereinafter referred to as "Project Rampart"), respectively,''' because, among other things, those proposals" prospective profitability is speculative and implementing either proposal is anticipated to yield adverse environmental impacts discussed herein.

GCEDC staff also found the owners of Project Double Reed easier to work with, that the planners demonstrated the greatest "good faith" effort throughout the application process. Project Hydroscale kept changing its proposal, according to the resolution, even after the deadline for changes.

The troubling aspect of Project Rampart's team, the proposal states, is threats of litigation and "other bad behavior trying to manipulate the review of the application."

The resolution states, "Project Rampart’s actions throughout the application review process have indicated that Project Rampart would be unable to have a productive relationship with the Agency and other STAMP stakeholders."

The resolution also states, "Project Double Reed is pledging the highest capital investment at $6.3 billion, with Project Hydroscale at $5.4 billion, and Project Rampart at $3.3 billion."

Project Double Reed pledged an $18 million purchase price for the 60 acres it will acquire.

While the PILOT agreement for Stream U.S. Data Centers is unusual in that the company will pay more in fees than it would in property taxes without a PILOT, the company is receiving an abatement on sales taxes for construction and equipment not to exceed $462,560,000 based on the first $5,782,000,000 invested. 

That sales tax incentive is about 7% of the first year in fees it will pay to local taxing jurisdictions.

It will also receive a $9 million break on the mortgage recording tax, which wouldn't be charged without the purchase of the property.

Previously: 

• Dozens of speakers tell GCEDC proposed data centers pose big environmental threat for little economic gain
• Q&A: GCEDC CEO discusses environmental issues raised at data centers public hearing

Jon Tesch is working in his dream job.

He's the proprietor of Uncle Jon's Diner at Hartshorn Road and Pearl Street Road in West Batavia. It's the former location of The Family Diner, which closed a year ago.

"I grew up right here in Hartshorn Road, right up the street from the restaurant," Tesch said. "I came here as a kid all the time with my grandparents. I worked here for a little bit for Brian and LeeAnn when they owned it previously, and it was always the most fun job I had. Ever since I was a little kid, I've always wanted to open a restaurant. So, it's always been a dream of mine to actually open this very place."

Uncle Jon's was a diner before and it's a diner now but Tesch said he has some ideas of his own to help draw people in.

This Easter, the Easter Bunny will visit and there will be an Easter egg hunt.

"I want to do an all-you-can-eat Thanksgiving and Christmas, too," he said.

So far, he said, the customer feedback has been encouraging.

"Everybody's been real happy, and we have a real great customer base and a lot of new customers every day who are becoming our regulars," Tesch said.

Statement from Pete Zeliff, WNY STAMP Committee Chairman at GCEDC:

“The Genesee County Economic Development Center (GCEDC) STAMP Committee unanimously approved a motion at our March 5, 2025 meeting recommending the GCEDC Board approve both a SEQR resolution and final resolution from STREAM US Data Centers, LLC to build a new data center at STAMP.

“The decision to make this recommendation was after a thorough review of public comments from the public hearings held in the town of Alabama on February 3, 2025 as well as extensive analysis by the STAMP Committee, GCEDC staff and members from the STAMP technical team which is comprised of legal, engineering and environmental professionals. 

“In making this recommendation to the GCEDC board, the STAMP Committee followed a deliberative process as we always do. We reviewed the three data center projects’ final and best offer, after which an initial resolution was adopted to schedule a public hearing for comments specific to each project. After the public hearing, we reviewed the public comments and responses to each relevant comment, which were elaborated upon in the staff and technical team reports.

“In assessing each project, we considered several factors, including the number of good-paying jobs that would be created, the footprint of the project, including electric and water needs and impacts on the local community. 

“We also assessed which project would have the least impact on the STAMP’s capacity to bring advanced manufacturing and semiconductor supply chain companies that we are targeting for STAMP and the subsequent jobs and capital investment.

“The STAMP Committee concluded that the project proposed by STREAM US Data Centers, LLC had the fewest impacts, particularly from an environmental standpoint, and provided the best overall fit at the STAMP site.

Statement from a group calling itself Allies of Tonawanda Seneca Nation:

GCEDC Board of Directors Votes Today on Approvals for Project Double Reed and Accompanying SEQR Resolution Despite Strong Regional Opposition  

Residents of Western New York are expressing concern over the Genesee Economic Development Center (GCEDC) Board of Directors' plan to vote on resolutions approving the data center codenamed Project Double Reed and an accompanying State Environmental Quality Review (SEQR) resolution at their 4pm meeting this afternoon. The GCEDC STAMP Committee voted yesterday to approve the staff’s recommendation in favor of Project Double Reed and also instructed the staff to prepare the accompanying SEQR resolution. Announcement of the votes and publication of the accompanying documents did not appear on GCEDC’s website until mid-afternoon yesterday.

Today’s votes are taking place despite strong and ongoing public opposition to GCEDC’s efforts to site a data center at STAMP. Despite GCEDC’s efforts to minimize public participation in a rushed approval process, GCEDC received 618 comments during a poorly publicized 10-day public comment period. At the February 3 public hearings, scheduled during a Monday afternoon, dozens of speakers voiced concerns about environmental harms, quality of life issues, impacts to the Tonawanda Seneca Nation, misallocation of taxpayer dollars and misuse of low cost hydropower, as well the agency’s repeated refusal to answer basic questions about the project applicants. Since the official comment period ended, GCEDC has received more than 702 comments in opposition, including 323 opposing the approval of Project Double Reed since Monday, March 3. 

GCEDC has also refused repeated requests from the Tonawanda Seneca Nation Council of Chiefs for a new set of hearings, even though the February 3 hearings were held during the Nation’s Midwinter Ceremonies. The Nation has raised extensive concerns about the SEQR environmental review process, for which GCEDC is acting as lead agency. GCEDC has dismissed those concerns in a SEQR resolution, which finds that Project Double Reed will not have a significant adverse impact upon public health that was not analyzed in the original 2012 STAMP Environmental Impact Statement. The Nation has consistently criticized this document as profoundly inadequate and out of date. 

Among the three data centers currently under consideration for the WNY Science and Technology Advanced Manufacturing Park (STAMP) mega industrial site, Double Reed has requested the largest amount in tax breaks - $472 million in combined sales and mortgage tax exemptions. Double Reed is projected to produce 122 jobs, for a per job subsidy of $3.9 million. According to the GCEDC staff report, these subsidies would potentially be directed to a Fortune 50 company worth $100,000,000,000.

Backed by STREAM U.S. Data Centers, Double Reed will use 250 megawatts of electricity per year - significantly more than either competitor. This electricity would be drawn primarily from low-cost Niagara River hydropower, which the New York Power Authority (NYPA) allocates to STAMP even though the site lies outside the designated radius for this subsidy. In addition, Double Reed would have the potential to burn over 20,000 gallons of diesel fuel per day. 

According to their report, GCEDC staff chose Double Reed despite its high energy usage and requested tax breaks because the other two applications lack credibility and would have faced significant challenges and delays in obtaining permits. However, the staff also acknowledges that Double Reed lacks a firm commitment from a tenant, meaning it is not known what company would locate there, when, or what its operations might entail. 

Despite 15 years of effort and more than $410 million in taxpayer subsidies, GCEDC has struggled to attract viable tenants or construct basic infrastructure at the rural site proposed to become a “mega industrial park.” The agency pivoted to data centers to fill a gap in financing for the onsite electrical substation following the withdrawal of funding from Plug Power, which paused construction on its green hydrogen manufacturing facility in 2023. Each of the three data center applicants pledged contributions toward completion of the substation; Double Reed would pay $50 million. Its requested $3.9 million per job approaches the $4.3 million per job allocated to Plug Power. Edwards Vacuum is the only tenant under construction at STAMP.

GCEDC has not filed a new permit application for the proposed “Big Water” pipeline that would bring 6 million gallons of water daily to the site from the Niagara River, raising questions about the source of Double Reed’s proposed 10,000 gallons of water per day. The NYS Department of Environmental Conservation Region 8 Office rejected GCEDC’s previous application as incomplete in August 2024. GCEDC recently filed a Basis of Design Report for a reroute of the Wastewater Treatment Pipeline that would pump raw sewage from STAMP uphill and under multiple waterways to the Oakfield Wastewater Treatment Facility; treated wastewater would be discharged into a tributary of Oak Orchard Creek. Construction of the original pipeline was halted in September 2023 following fracouts of 500-700 gallons of hydraulic drilling fluid into the Iroquois National Wildlife Refuge. 

‘Data center’ is a generic term that can refer to operations ranging from cryptocurrency mining to Artificial Intelligence processing. Data centers create minimal jobs, use massive amounts of water and energy, and face opposition from other WNY communities concerned about their noxious public health and environmental impacts. The proposed data center would be sited on a parcel of land characterized by wetlands and located immediately adjacent to the Reservation Territory of the Tonawanda Seneca Nation, whose Council of Chiefs opposes STAMP.  

“We are confident that STREAM US Data Centers, LLC will provide all the taxing jurisdictions with significant financial benefits making it a transformative project for our region while further enhancing economic development opportunities at STAMP.”

Press release:

Statement from Mark Masse, CEO of the Genesee County Economic Development Center:

“The Genesee County Economic Development Center staff and the STAMP technical team, which is comprised of legal, engineering and environmental professionals are recommending that the GCEDC Board of Directors advance a proposal from STREAM US Data Centers, LLC to build a new data center at STAMP. 

“The first step in this process is for the GCEDC STAMP Committee to review all the supporting materials that accompany the recommendation to the Board, and if they agree with the conclusion, approve moving the recommendation to the full Board at the March 6, 2025 Board meeting. This matter will be discussed at the STAMP Committee meeting on Wednesday, March 5, 2025.

“The staff and technical team assessed several factors in our recommendation to the Board, including thorough review of the responses to relevant comments raised at the February 3, 2025 public hearing. We also took into consideration the number of good-paying jobs that would be created, the footprint of the project, including electric and water needs and impacts on the local community. 

“Another factor that was considered in our recommendation was which project would have the least impact to the STAMP footprint as GCEDC staff continues to focus on bringing advanced manufacturing and semiconductor supply chain companies to STAMP.

“Staff ultimately concluded, in close consultation with the technical team, that STREAM US Data Centers, LLC project had the fewest impacts, particularly from an environmental standpoint, and provided the best overall fit at the STAMP site.

“GCEDC staff and the technical will be prepared to discuss our recommendation to the GCEDC board at the March 5^th STAMP Committee meeting.”

Statement from a group calling itself Allies of Tonawanda Seneca Nation:

Local residents are highlighting the Genesee Economic Development Center (GCEDC) staff’s recommendation to approve the data center codenamed Project Double Reed. The GCEDC STAMP Committee will vote on this recommendation, as well as the staff’s recommendation to prepare a State Environmental Quality Review (SEQR) resolution for Double Reed, at a meeting on March 5. The full Board meets on March 6. 

Among the three data centers currently under consideration for the WNY Science and Technology Advanced Manufacturing Park (STAMP) mega industrial site, Double Reed has requested the largest amount in tax breaks - $472 million in combined sales and mortgage tax exemptions. Double Reed is projected to produce 122 jobs, for a per job subsidy of $3.9 million.

Backed by STREAM U.S. Data Centers, Double Reed will use 250 megawatts of electricity per year - significantly more than either competitor. This electricity would be drawn primarily from low-cost Niagara River hydropower, which the New York Power Authority (NYPA) allocates to STAMP even though the site lies outside the designated radius for this subsidy. In addition, Double Reed would have the potential to burn over 20,000 gallons of diesel fuel per day.. 

According to their report, GCEDC staff chose Double Reed despite its high energy usage and requested tax breaks because the other two applications lack credibility and would have faced significant challenges and delays in obtaining permits. However, the staff also acknowledges that Double Reed lacks a firm commitment from a tenant, meaning it is not known what company would locate there, when, or what its operations might entail. 

GCEDC staff are advocating that the full Board approve Double Reed despite strong and ongoing opposition from residents as well as previously stated internal questions regarding the ‘fit’ of a data center at STAMP. At public hearings held on February 3, dozens of speakers voiced concerns about environmental harms, quality of life issues, impacts to the Tonawanda Seneca Nation, misallocation of taxpayer dollars and misuse of low cost hydropower, as well the agency’s repeated refusal to answer basic questions about the project applicants. GCEDC also received 618 written comments. 

Since the hearings, CEO Mark Masse has received at least 379 emails demanding that applicants conduct additional research regarding noise, traffic, hydrology, economic impacts to the Oak Orchard watershed, and EMS services. GCEDC has also refused repeated requests from the Tonawanda Seneca Nation Council of Chiefs for a new set of hearings, even though the February 3 hearings were held during the Nation’s Midwinter Ceremonies. The Nation has raised extensive concerns about the SEQR environmental review process, for which GCEDC is acting as lead agency. GCEDC appears poised to dismiss those concerns. 

Despite 15 years of effort and more than $410 million in taxpayer subsidies, GCEDC has struggled to attract viable tenants or construct basic infrastructure at the rural site proposed to become a “mega industrial park.” The agency pivoted to data centers to fill a gap in financing for the onsite electrical substation following the withdrawal of funding from Plug Power, which paused construction on its green hydrogen manufacturing facility in 2023. Each of the three data center applicants pledged contributions toward completion of the substation; Double Reed would pay $50 million. Its requested $3.9 million per job approaches the $4.3 million per job allocated to Plug Power. Edwards Vacuum is the only tenant under construction at STAMP.

GCEDC has not filed a new permit application for the proposed “Big Water” pipeline that would bring 6 million gallons of water daily to the site from the Niagara River, raising questions about the source of Double Reed’s proposed 10,000 gallons of water per day. The NYS Department of Environmental Conservation Region 8 Office rejected GCEDC’s previous application as incomplete in August 2024. GCEDC recently filed a Basis of Design Report for a reroute of the Wastewater Treatment Pipeline that would pump raw sewage from STAMP uphill and under multiple waterways to the Oakfield Wastewater Treatment Facility; treated wastewater would be discharged into a tributary of Oak Orchard Creek. Construction of the original pipeline was halted in September 2023 following fracouts of 500-700 gallons of hydraulic drilling fluid into the Iroquois National Wildlife Refuge. 

‘Data center’ is a generic term that can refer to operations ranging from cryptocurrency mining to Artificial Intelligence processing. Data centers create minimal jobs, use massive amounts of water and energy, and face opposition from other WNY communities concerned about their noxious public health and environmental impacts. The proposed data center would be sited on a parcel of land characterized by wetlands and located immediately adjacent to the Reservation Territory of the Tonawanda Seneca Nation, whose Council of Chiefs opposes STAMP.

GCEDC STAMP Committee Meeting
March 5, 2025 at 8am 

GCEDC Board of Directors Meeting 
March 6, 2025 at 4pm 

Location: 99 MedTech Drive, Innovation Zone. Batavia, NY 14020
Meetings are open to the public. 

Last week, The Batavian met with Mark Masse, CEO of the Genesee County Economic Development Council to ask him to respond to some of the issues raised at a public hearing on potential incentives for construction of a data center in WNY STAMP.

The public hearing was held on Feb. 3 in the town of Alabama.

More than two dozen people spoke, raising a range of objections to the construction of a data center on the site.

On Thursday, the GCEDC board may consider whether one of three potential projects -- from STREAM U.S. Data Centers, LLC, Project Rampart, LLC, or Potentia Holdings, LLC -- should be welcomed into the technology park.

Q. We asked Masse to respond to the appearance that the data center projects don't seem to generate as many jobs per square foot as a project like Edwards Vaccum.
Masse: "I think if you look at the average salary, I think these jobs are in the triple digits, $100,000 average, $80,000 to $100,000. With the way technology is going in AI, I think that those are high-value, high-technology jobs. Now, are those the number of jobs that we would like to see? And again, all of these applicants are very conservative on their numbers, because they're concerned about clawback and not meeting numbers. So our anticipation is they would come in higher than what they pledged, but what they pledged is a number that they feel is easily achievable for them. And data centers were proposed way back in 2012 as one of the original uses at the site, along with all of the other advanced manufacturing when we did the technology districts.

Q. Data centers have been controversial in other communities. People mentioned North Tonawanda. Have you looked at those data centers and how they've been received in those communities, and whether that's a concern for you?
Masse: "I think it really depends upon a lot of variety of factors. So our board has been very clear that they don't want any crypto or any bitcoin, absolutely none. And if you look at a lot of the louder, noisier ones, they tend to be the crypto Bitcoin operations. So we would actually put into the documents that if we come to find out you're doing Bitcoin or crypto, we would terminate benefits and claw back. And that clawback would obviously include a very significant sales tax exemption, so we feel pretty good about the penalties that would be in place, but our board's been adamant that we don't want crypto in that technology has also come a long way. And I don't think the building in Tonawanda was originally built as a data center. It was an adaptive reuse. So the facility that they're going to be building (in STAMP) is going to be brand new. It'll have all of the lessons learned from previous projects, such as noise mitigation and things like that. So we anticipate it to fit within the parameters of what was analyzed for the EIS, and we would anticipate them to propose and follow through on any potential mitigation that we would suggest for noise or that the town board planning board may suggest for noise. If we decide to go through our board would decide on either one or none. I think there's no desire to do more than one data center at STAMP."

Q. What about excessive greenhouse gas emissions?
Masse: "Again, we've done our analysis on the air emission side of that. We're following all of the permitting requirements by the DEC. The GCEDC does not meet the definition of a state agency under the CLCPA guidelines, but we do an analysis for that under the CLCPA, and the DEC would also do an analysis of that if a company were to move forward with air permitting. So we feel that it's within the parameters that would have been previously analyzed under the EIS, and that any of those air emissions would be permitted through the DEC process."

Q. One speaker spoke about hydrology in the region, in the wetlands and surrounding areas. What are the concerns there that you are looking at? What is your response?
Masse: "Again, the sanitary sewer would be force main discharged into the village of Oakfield wastewater treatment facility where it would be treated and discharged. Any on-site stormwater would be captured on-site. The DEC requirements for that are that the water can't flow off of the site at any greater rate after development than it did before development, so any cause concerns for flooding or things like that wouldn't happen. And they do enforce bioswales, green infrastructure, and things like that to ensure that the water quality on site is maintained. If there is runoff from parking lots or things like that, that it's contained on-site and treated on site before any of that would be potentially discharged."

Q. A letter read at the hearing stated that the project contradicts New York State's international commitments to environmental sustainability, social responsibility, and long-term stewardship of the wetlands. Any response?
Masse: "So again, everybody seems to be talking about the wetlands on site, as if they are like a wildlife refuge. This is agricultural land that has been farmed for a number of years. Our EIS originally proposed only impacting, I think, nine acres of wetlands, and then when we revised it. We're down to six, and they are classified as wetlands. But if you go out there, a lot of them are just drainage ditches through fields, a depressed area in a field. That's not year-round; they dry out, so I don't understand. And same thing when they talk about like pristine habitat. It's been farm fields. It's been farmed. It hasn't been good habitat. They rotate crops. Many of the crops there are not what the birds would use to do their hunting. So again, it's been farm fields for over 200 years. We do comply with all regulations that are out there. We've had a jurisdictional determination done between Army Corps as far as what wetlands they take jurisdiction over. We're complying with all of those. That was last updated in 2023, I think, and they're good for five years. I know the state regs are changing where they're going to drop their jurisdiction to anything greater than seven acres, but that doesn't affect what we're doing on-site. So, again, I understand their concerns, but I just don't think they understand the land that's out there and what it really is."

Q. People mentioned the Big Woods (on the reservation). Does that the neighbor the site, or is it just close by?
"If you look on the map there, you see the power line kind of rerouted. The yellow area is 310 acres; if you go directly to the west at the edge of that line, that is the Big Wood. So that power line reroute, there'll be no development to the west of that. That's a 115 kV line, and we rerouted it that way to help provide a visual buffer so you can't go past that, so to speak. And as part of our agreement, the settlement agreement with the nation, we did provide for the green area, basically, aside from that 80 acres on the south, the majority of that green area there is a buffer area and wetlands that are basically not going to be touched, so that's just going to be grown forever wild."

Q. There was a statement that a data center will consume 200 megawatts of electricity annually, training the regional system, and the center would use 800,000 gallons of fresh water daily. Are those numbers accurate? Are those legitimate concerns?
Masse: "As far as the power goes, it's not going to strain the system. Anybody in New York State who tries to draw down more than 10 megawatts off of any power line anywhere is required to undertake a study with a New York independent system operator, where they will take your request and they will do an analysis of the entire grid and bring in all the operators, so National Grid. RG&E NYSEG, NextEra, and they'll run a model to say, if you were to draw X amount of megawatts off, how does that affect everything in the system? And if it requires some improvements in what they call remote ends or other substations before you draw down the power. Those improvements have to be made. So we did two different studies, each one for 300 megawatts, and it took us about four to five years to get through that study. So the NYISO has given us, I think, there was $6 million of potential improvements at a station up in Rochester, and that was it for us to get the 600 megawatts. So, according to the NYISO and the study they've run, there is no degradation or problem on the overall grid to draw down 600 megawatts. Those studies are all being done in conjunction with a lot of solar projects because they're trying to put power on the lines while we're trying to draw it off. So, all of those are being taken into consideration across the state in various studies at various times. So as far as the power not being available, it's there. The NYISO has confirmed it for us. And as far as causing issues on the grid, it will not. 

"As for us, the 800,000 gallons per day of water, that was what one applicant put in with their first application. After reviewing and discussing with them, they came back with a revised, I think, 30,000 gallons per day. So, all three of them are probably between 20,000 and 30,000 gallons per day of water, which is not a significant use. A lot of them are going with closed-loop cooling systems. The ambient air temperature here obviously is very helpful for them to be able to use air for cooling."

Q. Evelyn Wackett brought up threatened species, the short-eared owl, northern Harrier Hawk, monarch butterfly and bog turtles, any threats to these species?
Masse: "We did receive what's called a part 182 incidental take permit. We did propose a net conservation benefit. So, we created 58 acres of grassland habitat on the site that'll be maintained in perpetuity. Part of that will be a 33 acre site that'll be turned over to the DEC to be merged into the John White game farm, as far as the others, they were not identified in any of the studies we've done. I do know that as part of the construction of the substation, there is a berm there, and I've talked to our environmental company about using that berm as a pollinator field, specifically to help monarch butterflies and other pollinators. It'll also help us maintain that berm and also give it more coverage on that as well."

Q. One of the more dramatic moments, Kristen Moser, with her recording from in the Big Woods of birds and then a truck going by. What do you say to that?
Masse: "Number one, it's hard because I don't know her data points, right? I don't know where you were when you did the recording or what time of day. It's hard to say any of that. I mean, if you go to (Route) 77, there's heavy truck traffic on 77 all day long, coming up and down that road. So there's not much I could really comment on that without knowing more details about where those recordings were taken and what the time was and the distances involved."

Q. I think she's equating the truck traffic that's there for construction with -- and we've kind of discussed already -- the sound issue of the plants.
Masse: "My question would be, I don't know where she was when she recorded the truck traffic. That's the point. If she was in the Big Woods, I doubt it because all truck traffic right now comes in off STAMP Drive and then goes right down the hammerhead to the Edwards site. You know, the town has received some complaints from some truck traffic coming down the north end of Crosby. I think those were mainly concrete trucks or gravel trucks coming from Orleans County down Salt Works Road. So the town made sure that they've got to come around and come in off a 77."

Q. More than one speaker questioned whether public funds should e used to incentivize uncertain benefits, without first conducting an independent economic analysis of costs and benefits. Response?
Masse: "First of all, this is a common misconception. Public funds are not being invested in this. Companies do not receive cash. They receive abatements of taxes that they would normally pay. In this particular case, two of the three data centers would be paying about 105% to 110% of the property tax rate under a pilot. They would get a PILOT, but they would be paying more than market rate for what the property taxes are. The significant abatement is the sales tax exemption. Now, what people probably also don't realize is that in 2012, the New York State Department of Taxation and Finance issued an opinion that servers are tax-exempt from sales tax. If I think something along the lines of, if a company is using the internet, broadband is part of it. So basically, that was done to, I think, attract the Yahoo facility up to Lockport. Now, if data centers start becoming extremely interested in New York State, there is a chance that the Department of Taxation and Finance could revise that opinion and say that servers are tax-exempt altogether, in which case it's a moot point. So my guess is that these companies would ask for the abatement, and then they would probably apply to the Department of Taxation and Finance for an opinion, and if the opinion comes back and says they're tax-exempt, then really all we've given up is a mortgage tax exemption to get somebody to pay 110 or 105% property taxes on the site."

Q. They're paying 110% of the property tax rate?
Masse: "We do a fixed dollar pilot, so we calculate based on the square footage and choose a rate per square foot. We actually had the companies make us their offers. So they independently submitted their final investment offers, and it was calculated on a per square foot basis, times the square footage. And then there was, and I think some of them had an escalation rate every year, whether it was two, two and a half percent, something like that. So it would start at a fixed dollar, and then it would go up after that. So when we do a fixed dollar pilot, they pay the dollar value in the pilot. It's not 10% or 100% of whatever the current value is, which is what some of them are when they do the abatement."

Q. Okay, so, I guess I'm kind of confused. If they're paying more, they're paying what their taxes would be without the pilots ... 
Masse: "They're paying more than what the taxes would be."

Q. Without a PILOT. Why would they do that?
Masse: "That's how much they want to come to the site, and that's why power is such a scarce resource for companies like this."

Q. I know it's been the practice for GCEDC to be the lead agency, but given the the wide range of environmental concerns here, is it best for GCEDC to be lead agency on this, or should somebody else be lead agency?
Masse: "We did the original EIS, and usually whoever was the lead agency for the EIS should remain as lead agent for that. We did all the original studies. We've done the appropriate ones. And again, we're required as lead agency to send out a notice every time we want to re-establish ourselves. It goes out to all interested, involved agencies, which includes the Army Corps of Engineers and the DEC. We receive comments from the Army Corps and DEC on any of the SEQR analyses we do; they get copies of it. So, there is appropriate other parties that have a significant investment and interest in the site, who are actively involved in the review and commenting on the overall environmental review."

Q. How does the general public have confidence that all the environmental concerns have been addressed through the SEQR process?
Masse: "We have at least 7,000 pages of studies, reports, documentation, comments from DEC, and responses to DEC. And again, at the end of the day, any company that wants to build there has to get a permit from the DEC. So if there were something inappropriate or something that wasn't there, then the DEC probably wouldn't issue a permit. We would hope we would hear if they had concerns before that. And again, they've expressed their comments on some of our SEQR things."

While Plug Power has paused construction of its $290 million green hydrogen plant at WNY STAMP it has continued to make full PILOT payments to local taxing jurisdictions, according to Mark Masse, CEO of the Genesee County Economic Development Center.

According to the tax agreement between GCEDC and Plug Power, the payments are $147,599 annually to Genesee County, $308,368 to school districts, and $42,805 to the town of Alabama.

The project has been on pause since January 2024, Masse said, and that pause led GCEDC to take over the construction of a $55 million 450-megawatt substation electrical transmission to STAMP projects, which Plug Power originally agreed to fund. 

Empire State Development agreed to allow GCEDC to tap into a $56 million grant to help pay for the substation.  The grant was intended for other infrastructure at STAMP. Masse said that once completed, the substation will generate fees for electric delivery that will enable GCEDC to recover the funds and return the expenditure to the grant account.

"As companies come online, they will buy into the substation on a per megawatt charge," Masse said. "So, we'll take the total cost of the station divided by 600 megawatts and come up with a per megawatt charge. So, for ballpark, if it's $200,000 a megawatt, somebody wants 200 megawatts, it's a $40 million pay-in to buy into the substation, which will enable us then to basically get that money back for New York State, so we can use that to pay for the substation, and then repurpose the FAST New York funds back for what we originally wanted to use them for on infrastructure."

Masse said he has no insight on what Plug's long-range plans are for the project. 

Each year, projects that receive GCEDC assistance must submit Annual Performace Reports that detail the number of jobs created and the amount of capital investment. 

"We summarize all of those. We share them with the board," Masse said. "The board reviews them every year, and then the board makes a determination, did they meet their job requirements? Do they have the insurance requirements? And where are they in that one plus three."

The "one plus three" means a project has one year to complete construction and three years to complete its job creation promise.

"Then the board would make a determination -- do we want to ask them to come in and explain anything? Do you want to move forward with a termination? Any of those things are always on the table," Masse said. "In Plug's case, they are current with all of their PILOT payments, and the payments they're making to the municipalities are significant, which is the other thing to balance in the whole piece of it as well."

Plug Power seems like a company very much in limbo.  Its stock price has been hovering around a buck fifty for a few weeks and hasn't traded above $2, except briefly, for months. The company continues to get bad press over its inability to turn a profit, with one recent article noting Plug Power has lost $3.12 billion of other people's money since 2010.

An important potential path for Plug Power is producing more of the hydrogen it distributes. If ever completed, the WNY STAMP plant is expected to produce 45 metric tons of green liquid hydrogen daily. It would be fair the most product plant under the company's control so its surprising that there is no clear indication that Plug intends to complete the plant.

Plug Power's representatives have never responded to The Batavian's requests for comment on the future of the plant.

Just before Donald Trump took office in January, the Plug Power secured a $1.7 billion loan guarantee from the Department of Energy. After taking office, Trump froze DOE grants and loans for green energy.

In an interview with a site called Sherwood News, Plug Power CEO Andy Marsh said he's not worried about the stall in funding.

"I see that the DOE loan will be supported," Marsh said. "It’s a contract with the government. I’m not too worried; it’s not out of line with the goals of the Trump administration. So, you know, from a policy environment point of view, it feels hectic at the moment, but I’m really not that concerned that these things will all work themselves out."

NOTE: This is the third of seven stories The Batavian will publish today and tomorrow (Friday and Saturday) about this year's Chamber of Commerce award winners. The awards will be presented on Saturday evening at Batavia Downs. Tickets are still available for the event.

The secret to success isn't complicated, the way Jeff Heubusch explains it: Offer people a good product at a fair price with a friendly smile, and they will keep coming back.

That's what he and his crew at Southside Deli have done for more than 35 years.

His assistant manager, Denny Schultz, who has worked at Southside for 24 years, explained it best.

"He's consistent," Schultz said. "He's here all the time. He lives at the store. If anyone comes in from the community, they know how hard he works. He's compassionate for his customers. He's instilled it in me, as well. You want every customer to feel welcome and special. You learn their names. You get a good rapport with returning customers."

It's that commitment and that success that led to Southside Deli being named Genesee County's Small Business of the Year by the Chamber of Commerce.

Heubusch said the award is a big honor that recognizes the reputation Southside has gained in the community.

"This side of town has always had a bad rap kind of reputation in the community, and I don't see that. I see compassion. I see humble people who just need to be accepted," Heubusch said. "It's definitely changed over the years, but for the better."

The store, as any regular knows, represents Batavia's diversity. Every segment of Batavia's community visits the store daily, either for a sub, snacks, drinks, or some essential grocery item.

That wasn't an aspect of the business Heubusch necessarily anticipated when he bought the location more than three decades ago but it's a big part of what he enjoys about the business.

"I think over the years, it has become a passion. It's something you have to grow into," Heubusch said. "When I came into this business, I didn't know much. Everything was trial and error. You listen to your customers and get their needs, get them in here, and give them a fair price. It's and they come back. People don't want just a deli; it's a place you can go to, and everybody's happy. It's just a great atmosphere. And we developed that over the years, and I got great help here. They're compassionate, they care."

As a young man, Heubusch spent 12 years working in a salt mine. He only quit when a mining accident nearly took his life.

His year-long recuperation gave him time to reflect and reassess what he wanted to do with his life.

Heubusch, the son of a miner, purchased Southside Deli two years before the accident. He kept his mining job even as he tried to build the deli business. Digging out the salt of the earth so motorists could drive on de-iced asphalt offered Heubusch a sense of security not available to entrepreneurs. He didn't want to give up that steady paycheck and good benefits while trying to build his own business.

While convalescing, Heubusch said to himself, "Am I going to lay on this couch the rest of my life and live on comp or Social Security disability?"

"Once I was able to get around and be productive, that's when I said, really, 'it's all or nothing.' "

Born in Wyoming County, Heubusch graduated from Warsaw High School in 1977. He was 17 and couldn't get a job, so he went to work in his mother's upholstery business.

When he turned 18, he got his first job in a salt mine.

He was laid off, rehired, laid off and rehired again a couple of times over the next few years. During that time, he also worked for U.S. Gypsum and Le Roy Machine.

He bought a house in Batavia, and when he started working in the mine again, his daily commute took him down Ellicott Street.

Every day, he would drive past Southside Deli (Heubusch kept the name from the previous owner; In the 19th Century, it was Ebling Meat Market and the location has always been some sort of market). 

On the second floor of the building is a balcony. As he drove by each day, Heubusch would see a for sale sign hanging from the balcony rail.

That got his mind working.

"I'd see it and think to myself, 'Man, I'd love to work for myself.' I kept seeing that, fueling my idea of what I would do if I owned that."

There's a reason working in a salt mine is a metaphor in our culture's lexicon for arduous work. It's hard labor.

In flush times, Heubusch worked 10 to 12-hour days, seven days a week.

"There were days I never saw daylight."

One day, finally, he called a realtor and got the ball rolling.

Escrow closed Aug. 10, 1989. Heubusch opened Southside Deli for the first time under his ownership four days later.

Besides figuring out the deli business and making a great meal, Heubusch learned how to hire the right help, people who naturally walk in with good attitudes and friendly smiles.

"I've got my hardcore of people, but people graduate from high school, they go to college, they move out of the area, they get married, but for the most part, I've got a very good core of employees that actually help the newbies," Heubusch said. "All my employees who have ever left said this was like their favorite job. They were young, and they would learn. They would become more social. They would learn the aspects of how business works and be able to talk to people, and it was a very, very great learning experience for them, and they moved on. I've got people who worked here who are now doctors and lawyers."

Schultz said he and the rest of the Southside crew are proud to see the deli get recognition from the Chamber.

"It's huge, especially for him, you know, but for us too, especially a lot of us long-standing people," Schultz said. "It's almost like validation of just how hard he's worked, and we've worked to be a successful business. We're Team Deli."

NOTE: This is the second of seven stories The Batavian will publish today and tomorrow (Friday and Saturday) about this year's Chamber of Commerce award winners. The awards will be presented on Saturday evening at Batavia Downs. There are tickets still available to the event.

In every sense of the term, Alexander Equipment, 3266 Buffalo St., Alexander, is a family business.

"The only problem with our industry is that it's gotten where all these big companies have gotten bigger, and people are just numbers," said Tom Gadd, second-generation co-owner. "They've lost their touch. I mean, it's really just like texting. I don't get into texting. I'd rather talk to somebody. You know, it's just because it's my age, but people like to deal with people, and people don't realize it anymore. Everybody's not just a number. I mean, I know some of these bigger companies employees that are there, they're like, 'We're just numbers there. We're a spot to fill it.’ I mean, it's just they lose that closeness, I guess. So, maybe you've seen it in your business, I don't know, but it's just nice when it's smaller and people know everybody a little bit better."

Gadd's parents, with the support of their parents, purchased Alexander Garage in 1972.  Gadd and his brothers grew up in the business. Today, the business is run by Tom, his wife Tracy, and sons Spencer and Michael (Tom and Tracy also have two adult daughters, Taylor and Emily).

Spencer and Michael also grew up in the business and came back to it after graduating from college. Michael has a degree in engineering, and Spencer has an MBA.

“The boys are coming in. They've got different ideas and are much better with technology," Tracy said. "Their whole generation is good with advertising on Instagram and all of those things, and they're much better with new ideas of how to do things. But I feel like we have a pretty good mix as far as hanging on to our core values and what grandma and grandpa instilled in mom and dad and instilled in their boys, and still being able to move forward."

That attention to core values and changing with the times is among the reasons Alexander Equipment will be honored by the Chamber of Commerce on Saturday as the Agricultural Business of the Year.

Coming out of high school, Tom Gadd wasn't focused on joining the family business. He became a paramedic, a career path he enjoyed (and continued as a volunteer with the Alexander Fire Department), but 10 years into his career, his mother was diagnosed with cancer. That drew both Tom and Tracy into the business as Tom's parents stepped back.

That was in 1995. They've been running the business since.

"This wasn't the route that I was anticipating, but when mom got sick and they needed somebody, we would kind of come in and help out," Tracy said. "I did it after hours for a while, and then she decided that she probably wasn't going to come back, so I started working full time."

Tracy said Tom's grandparents always had a farm in Pembroke, and his mom grew up on the farm. 

"I think they wanted to try something business-wise, a little different than farming," Tracy said. "Grandma and Grandpa, I don't think, were real involved in the day-to-day stuff. They were kind of like a silent partner. I would say Mom and Dad kind of took it and flew with it."

In the early days, Alexander Equipment was a Chalmers dealer with a focus on agriculture.  Parts and repairs have always been part of the business, as well.  While farmers still remain an important customer base, the residential side of the business has grown over the years, especially with Alexander Equipment carrying Kubota products.

At Alexander Equipment, employees are also part of the family. 

There's Kenny, for example, in the parts department. "He's been here forever, so he's like a brother," Tom said. "A couple of his kids are Goddaughters."

For years, Alexander Equipment has had a good relationship with the high school, and some students have come to work for the shop, including one kid, now 16, who has been working there for two years.

"He's a really good kid," Tracy said. 

"We have another woman who, as a young lady, helped here. She's my age, but she was in our wedding," Tracy said. "She worked here when we got married then left for a while, was raising her family, and has since come back. She works just part-time, but she knows everyone. She knows the business. She does real estate on the side. Two of their girls are our Godchildren. So it really is very family-oriented."

Tracy noted that the family feeling creates a better atmosphere for customers. 

"We've got a lot of customers who have been here for a long time, and that's what we try to get when people come in. We want them to feel like they're walking into some place they know and can be comfortable at. And obviously, that's family."

The Chamber Award caught the Gadds by surprise, Tracy said.

"It was completely unexpected. We didn't know that we'd been nominated or anything else," Tracy said. "It's heartwarming. It's a little bit humbling just to know that people think of us that way and think that we're an example, I would say, or that we're good people -- it's hard to put in words. It's overwhelming, a little bit, you know. It makes you feel like you have a responsibility to do better."

When board members of the Western Regional Off-Track Betting Corporation walked into the meeting room at Batavia Downs on Thursday morning, they found at their assigned seats a bit of a surprise.

There was a 13-page book containing 10 proposals to reform policies for the organization.

The booklet, said CEO Byron Brown, was the result of two months of work with his executive staff to identify areas of concern and propose suggestions for policy changes.

"We have been looking at concerns that have been expressed about the operation of Western Regional Off-Track Betting Corporation since I've been here as CEO," Brown said after a closed session meeting where most of his proposals were approved by the board. "We've done a top-to-bottom review so we can be more transparent as an organization, to look at ways to reduce expenses in the organization and drive greater profitability, and the reforms are around those items."

For the past few years, the OTB has been beset by a number of controversies, including how free tickets to sporting events are distributed, executive compensation and buyouts, health insurance, travel expenses, and management participation in tip distribution. 

The policy changes also address some less public issues, such as how raises are handled and the distribution of free play cards and gift cards.

Brown thinks if his new policies had been in place years ago, some of the public controversies could have been avoided.

"I have worked very closely with the board and the staff," Brown said. "The board was very open to looking at these issues and felt very positive that these reforms and these new policies will really strengthen the operation of Western Regional Off-track Betting Corporation."

The booklet also contained a bullet-point list of some of the reforms Brown has already initiated as the corporation's new CEO, such as tighter controls on how requests for sponsorships by area charities are handled and monthly reporting on advertising spending for broadcast.

Erie County rep pleased with reservations
The policy revisions were welcomed by Tim Callan, the Erie County representative on the board who has been perhaps the most persistent voice seeking reform since the board was reconstituted by the state Legislature more than a year ago.

"I'm very pleased with what Byron has done here," Callan said. "A couple of the items in the reform agenda -- about travel and changing the travel policy to get some things back under control there, changing and updating the procurement policy -- these were things that throughout last year I had been raising questions about. The sponsorship program, where the corporation gives sponsorships and donations to various groups, I've been raising a lot of questions about that. So to see that those three areas are being addressed by the new management team, I'm very happy to see that."

Callan, ever a stickler for details, does have concerns about how the reform package was brought to the board, and in the closed-door discussion (which he is also concerned about), he objected to two proposed policy proposals, which the board ultimately did not support.

Brown proposed reducing the cost of employee contract buyouts.

Some employees, including top executives, have contracts that stipulate how much severance they will receive if the contract is terminated early. 

In July 2024, the board of directors approved a buyout of former CEO Henry Wojtaszek's contract equal to one year salary, or $299,000. Outgoing CFO Jackie Leach's buyout was half her annual salary, or $122,000, and operations manager William White received $87,000.

Brown's report says that a review of contracts found there is no standard severance pay and benefits package for employees under contract. One employee, not named, has reached a settlement that allows that employee to work from home until November, earning until that time $174,907. 

Brown recommended capping severance to four months' salary. The board tabled the proposal and called for research on standard procedures in the gaming industry.

Callan said he opposes providing OTB employees with any severance pay, even though the practice is common in corporate America.

He said WROTB is not a private company. It's a public benefit corporation with a mission of generating revenue for the state and the 17 municipalities that control the corporation. As a quasi-state agency, employees are part of the state's generous pension system.

"That's something you folks in the private sector are not getting," Callan said. "You guys have to have 401(k)s, and Roth IRAs or whatever you do to help provide for yourselves in retirement. Well, folks here have that state pension ability separate from whatever saving they do on their own. So it's not an apples and oranges comparison for me to say, a private casino where, you know, they're not going to get a pension, and it's a private entity."

Wrapped into the contract buyout policy proposal was a proposal to address inequality in health insurance coverage for non-union employees.

Non-union employees hired before 2012 pay only 5% of their insurance premiums. Those hired after Jan. 1, 2012 pay 72% for a family plan (single plans remain 5%).

There are 38 employees who were hired before 2012 and 72 hired after the change policy.

In an interview, Callan disclosed that the monthly premiums for Batavia Downs employees are significantly higher than typical for group insurance policies. 

Human Resources Director Danielle Fleming later confirmed that a family health insurance plan is $3,325 monthly. The employee contribution, if hired after Jan. 1, 2012, is 72 percent, or $2,394.

Brown's proposal, which has not yet been approved, is to find a way to close the gap between the two groups of employees and set the employee-share of future management hires at 20%. Currently, seven members of management staff pay a 20% share of their premiums.

"It's obviously incredibly expensive for the employee. It's obviously also incredibly expensive for the corporation, where the corporation to bear the expense," Callan said. "I loudly expressed my objection to that in the executive session and said that I would not vote for it. And I thought that needed further discussion. When we have members of the management team make $190,000 or more, and persons in the mid-$100,000s, to send a message and say to them and say, "Okay, you only have to pay 20% of the cost of health insurance,' but somebody here that makes $17.50 an hour has to pay 72%, that, to me, is not right, and so the management team, after some members of the board objected and raised questions on that, agreed to pull it back, and I think we're gonna have some further discussions on that topic next month."

Callan said that while overall, he is pleased with the policy changes, especially since several of them are responsive to issues he's raised over the past 13 months, he thought it was a violation of the open meeting law not to have the agenda explicitly state that the board would do more on Thursday than engage only in a general policy discussion, but actually have written policy changes to consider and vote on.

He also said it could be a violation of the open meeting law to have most of the discussion in closed session.

Asked about the exemption used under the state's Open Meeting Law, Brown said it was a personnel matter.

"There were a number of personnel items that were discussed, so that was the reason why the board went into executive session in that particular discussion, where we were discussing salaries, benefits for specific individuals," Brown said.

Callan said the only policy item that addressed specific people was the health insurance discussion, which involved seven individuals. Otherwise, the rest of the policy discussion did not touch on specific individuals. In his view, the policy discussion should have occurred in open session.

"We have a lot of discussions in committees, including an executive session, a lot of which I don't think should be an executive session under the law, but that's another story you and I have spoken about before," Callan said. "I don't think, in hindsight, it should have been an Executive Session."

Accountability and profitability
Among the policies highlighted by Brown in an interview were changes to how sports tickets are distributed and whether the OTB will continue to purchase a suite and tickets to Buffalo Bills games after the coming season.

When the Bills move into the stadium, it appears the cost of the suite will double, raising the annual cost to $200,000, which may not have the return on investment the OTB seeks.

Brown said Batavia Downs is negotiating with the Bills organization.

"We're looking at tightening the ticket policy, making sure that when we do provide tickets and benefits, those are going to our customers, and they're going to our customers in a way that generates more business for the corporation," Brown said. "We're looking at travel policy to tighten our policies on what we spend when people have to travel for business purposes, going to conferences, going to training. All of those things, I think, would have eliminated some of the issues that the corporation has faced in the past."

The ultimate goal, Brown said, is a corporation that is more efficient and more profitable.

"The agenda is about going forward, looking at issues with the board, with the staff, that we saw as concerns, things that we felt could be improved, ways that we could increase transparency, that we could increase profitability, reduce expenses," Brown said. "So, going forward, this will make the corporation stronger. This is a place where people love to come and, after expenses, generates over $90 million a year. We want to continue to produce that kind of revenue and grow the revenue."

The policy changes approved by the OTB board of directors:

Merit Raises: Over the past three years, 102 OTB employees have received merit raises for a total cost of $392,166. Merit raises are supposed to be approved by the board's personnel committee.  There is no documentation indicating these raises were approved by the personnel committee. There were 22 raises in 2022, 50 in 2023, 28 in 2024.  The average per year is $130,722. The new policy would budget $100,000 for merit raises.  Department heads would recommend merit raises, and if approved by the CEO, the request would go to the personnel committee for approval.  All raises would need to be submitted by July 1 of each year. One issue this policy will address is the appearance of favoritism. Five employees received merit raises in each of the past three years.

Video Record Board Meetings: Video recording all board meetings would be inexpensive and easy to accomplish, and multiple "good government" groups recommend it. Some of the municipalities represented on the OTB board are more than a two-hour drive from Batavia, making board attendance difficult for some interested parties. Recordings would be posted on the OTB website within 24 hours of the meeting.

Renewal of Buffalo Bills Suite: The current contract for the suite expires after the the coming season. The suite is considered a great marketing tool for Batavia Downs. The casino conducts drawings for tickets and also provides tickets to high rollers. However, the cost for suite in the new stadium will nearly double. During the past season, OTB paid $114,205 for 16 tickets per game. A new 12-person suite would cost $200,000 per year, with price increases of 5% per season. The return on investment would be low. The cost outweighs the benefits. OTB will try to negotiate a lower price suite.

Travel Policy: WROTB has been criticized for "extravagant" travel.  While the spending on travel for some executives exceeded state limits, and a public benefit corporation, WROTB, is exempt from those caps. The comptroller recommends OTB implement and enforce policies that are reasonable. The new policy would require a form to be completed that lists all anticipated expenses for both in-state and out-of-state travel. For in-state travel, the CEO would review and potentially approve the travel. For out-of-state travel, if the CEO recommends approval, the board of directors would be asked to approve the travel.

Transparency of Procurement: For procurement of goods and services, currently, no quotes are required for costs less than $5,000, for $5,000 to $10,000, documented verbal quotes from at least two vendors, for $10,000 to $15,000, written quotes from at least two vendors, and for more than $15,000 public bidding that is subject to board approval. There are also policies dealing with sole-source procurement and single-source procurement. The new policy would require bidding on services and purchases of $15,000 (which is less than the requirement of municipal law).  The reform also recommends a written policy for procuring goods an services that would clarify the difference and use of sole source and single source vendors.

Job Postings: An average of 73 jobs are posted annually, and most are posted internally. Jobs are posted on bulletin boards and if external candidates are sought, on social media. Under the reform, the process for applying through the OTB's website will be improved and all publicly advertised positions will be consistently posted on social media with a link to the Batavia Downs application page. 

Tipping Policy: Batavia Downs does not currently have a tip-pooling policy, which can lead to operational, legal, and employee-related issues. The approved reform is to write a uniform tipping policy for the facility, including who is eligible to receive a portion of the tip pool, as well as policy for distribution and reporting tips for tax purposes. Supervisors will no longer receive a portion of the mandatory 20 percent tip for booked events.

Free Play Policy: The new policy will standardize free play coupons that an authorized person will sign. Upon redemption, a note will be made in the computer on who authorized the free play. This will assist in auditing free play.  After March 15, only free play coupons created under the new policy will be honored.

Gift Card Tracking: Grocery and gas gift cards are used as an incentive for booking hotel rooms. In 2024, Batavia Downs purchased $160,000 in gift card, at $20 each. The gift cards were tabulated into the cost of rooms, so there was no additional cost to the corporation. Other gift cards can sometimes provided to the hotel for hotel packages or requested by officers or department heads to reward staff members for work done above and beyond their duties. Gift cards are logged but there is no standard approval process. Under the new policy, officers and department heads will complete a request form that will require approval by the chief administrative officer. A record will be maintained of gift cards requested by officers and department heads for future auditing purposes.

Download PDF: WROTB 2025 Reform Agenda.

Press Release:

UConnectCare has promoted Kathy Hodgins of Medina, a 23-year-employee of the nonprofit substance use prevention, treatment and recovery agency, to chief executive officer.

Hodgins succeeds John Bennett, who resigned to become director of network development with Forward Leading IPA’s WeLinkCare social care network. Her first day in her new role was Feb. 8.

Hodgins has held several key positions with UConnectCare since starting as a chemical dependency counselor in 2002, most recently serving as chief clinical officer for the past five years. She also was the agency’s director of Treatment Services in Orleans County from 2012-18, assistant director of Treatment from 2009-12 and assistant director of Forensics and Satellite Services from 2006-09.

As chief executive officer, she will oversee a staff of that has expanded to about 150 employees and an annual budget that has grown to about $13 million.

“I am excited and thankful for the opportunity to contribute my expertise in collaboration, implementation of policy and procedures, and dedicated leadership to our organization,” Hodgins said. “My experience in all aspects of the agency has prepared me well to manage complex issues, ensuring that UConnectCare continues to operate smoothly and effectively in delivering outstanding patient care.”

Hodgins said she aspired to become the agency’s CEO someday and credited the mentorship of Bennett and David Markham, the previous executive director.

“I have been able to accomplish much in Orleans County when I was a director because John gave me the autonomy and he knew that I had the best interests of the agency at heart,” she said. “And I completed my master’s degree under Dave Markham, and I did my internship at his marriage and family practice. I have been privileged to work with such patient-focused individuals.”

Hodgins received her master’s degree in social work from the University of Buffalo after earning a bachelor’s degree in social work from Brockport State College and an associate’s degree in human services from Genesee Community College.

A licensed social worker and credentialed alcohol and substance abuse counselor, Hodgins also is an adjunct instructor at Genesee Community College, where she implements lesson plans on the use, misuse and abuse of drugs and alcohol, and supports the Royal Employer Assistance Program as a counselor.

Her civic involvement includes Leadership Genesee, Leadership Orleans, Genesee Community College Human Services Advisory Board, Orleans Recovery Hope Begins Here and WNY Chemical Dependency Consortium.

Hodgins said her leadership style is one that allows directors the freedom to try new things and work across departments and other community agencies for the common good.

“I embrace collaboration, and I like change; I’m a change agent,” she said. “I’m proud of the way the agency has grown to be able to provide what we call a ‘continuum of care.’ People can come into UConnectCare and start with detoxification, they can go to inpatient, they can go to residential, outpatient. For such a small town, we provide a wide range of services.”

She said she is looking forward to the expected opening of a residence for women and children in Albion this spring and the integration of the main building’s waiting area on East Main Street in Batavia.

“We have a DOH (Department of Health) grant that we will use to combine the two waiting rooms (treatment and methadone) into one,” she said. “That definitely will help reduce the stigma.”

Hodgins called The Recovery Station (on Clinton Street Road) “a hidden gem” – a place where those in recovery can not only receive valuable services but also enjoy a drug- and alcohol-free social setting.

“Our goal is to utilize that site more and more,” she said, noting that she wished it could have been located in the city for easier access.

Hodgins and her husband of 42 years, Michael, have three grown children and seven grandchildren. Michael is currently on the list to receive a second heart transplant. The couple is awaiting word from the Cleveland Clinic.

“The same week that I found out I was hired as CEO, my husband was notified that he is on the list for the transplant,” she said. “That was cause for a dinner celebration at Bent’s Opera House (in Medina).”

If you’re interested in learning more about how CBD and hemp products can ease pain, anxiety, and various skin conditions, there’s a new place in Batavia with business owners who want to help, Gregg Boose says.

He and partners Anthony Session, Dalton Lamay and Roger Grazioplene hope that the Hemp Lodge, while not a brand itself, can be a local marketplace for “your go-to, high-quality CBD and hemp products.”

"So, we don't carry our own products. We shop around everywhere in New York, outside New York a little bit as well. But we want to keep it more in state, you know, to push other people's products and let everybody know the fundamentals and what it could actually do for you and everything,” Boose said during an interview Thursday at the store at 10 Batavia City Centre. “So it's more like, it's just a big market for people, for health, for chronic issues, for pain, surgical pains, athletic surgeries, and stuff like that.”

Their focus is on “healing our community” by providing CBD-based solutions for chronic pain, post-surgery recovery and sports injuries. Products include full spectrum CBD oils, salves, balms, Outer Space touted for damaged skin to fight fine lines and wrinkles, redness and inflammation; broad spectrum CBD gummies; Aches & Pains Joint Buddy balm stick; suntan lotions; organic menthol balm; bagged and prerolled hemp; handmade beaded CBD joint holders; tinctures; and a pet line of CBD cat and dog chews and treats.

“We’ve got topical creams, we’ll have full spectrum and broad spectrum creams. And usually when somebody comes in, the first thing I’ll do is I’ll ask them, ‘why are you here today?’ I want to know why you’re here. I just don’t want to give you something off the shelf that’s without what you need just to make a sale,” Grazioplene said. “A lot of the roll-ons have what will be for the joints, in the back muscles and stuff like that. We have a couple kinds now, the only reason we have a couple kinds, and they’re different from everybody else, is because, like Gregg was saying, we like to source what works, not just one white label, like a lot of people would buy and just have a generic item in the store to sell with.

“These are all products that have been tested, and they do work. It’s basically like a Bio-Freeze infused with CBD or CBN or CBG,” he said. “Like I said, when somebody comes in, they tell me exactly what is going on with them and I can line up what actual CBD derivative will be actually good for you.”

He offered his own testimony of how the products have helped him with nicotine withdrawal when he quit smoking, for inflamed gums during dental issues and as a more low key alternative than marijuana.

“Now we have CBD flower for people that used to like to smoke pot, but, you know, pot’s so strong. Now people are getting paranoid over it. I get anxious when I smoke it, too,” he said. “So we have flower for an alternative, so people can still smoke and partake and be part of the group, but you're not getting high.”

How does one get involved in this type of business? 

“Honestly, it kind of happened out of nowhere,” Boose said. “We were talking, we’re really good buzz, and we’re really big on helping people. So, the best way to help people is to be able to help them on the inside, and the outside.

“We’re mainly focusing on this right now because a lot of people aren't focusing on helping people. It's all about the money. You know, you shouldn't be about that,” he said. “It should be about ... You should wake up feeling good and go have a good day.”

There will be a public ribbon-cutting at noon Feb. 24.

For more information, go to Hemp Lodge or call 585-201-7063.

Photos by Howard Owens.

What do three lifelong friends who enjoy cutting hair do when the opportunity arises -- they open a barbershop together, of course.

The Local Barbershop is located at 466 Ellicott St., Batavia. It was previously Canzoneri's Barbershop. The former owner Joe Canzoneri left to pursue a business opportunity in Buffalo.

The new owners are Alton Rupp, Tommy Slenker, and Damian Hargrave.

"We all went to Alexander High School, so we wanted to collectively own something one day," Rupp said. "It's just a matter of when the opportunity came up, we jumped on it, and it's been a good time, man. It's been a lot of fun."

All three emphasized that they like the idea of community, that they're doing something for the community, and they're offering a community.  Their open casual floor plan with couches and chairs in the middle and a beer cooler on one wall is inviting.

"We want to bring back that home-like atmosphere," Rupp said. "Come in, hang out, have some fun. More than anything— and I'm not saying the other ones don't have that— I think what we have going here in the middle, a centralized location, is that clients come in, hang out, and chat with each other. We've had a lot of clients intermingle already, so it's been awesome."

Slenker also thinks the location is conducive to getting attention and building community.

"The space itself -- we got plenty of eyes on us, with (Route) 63 being right here in the outskirts of Batavia, so we're not right in the thick of things, but we like having plenty of parking, and the building's definitely identifiable," Slenker said.

Hargrave said that comes with being one of the owners, where the business can reflect who they are.  Otherwise, it's business as usual.

"Honestly, it feels like same old, same old, you know, you're kind of just cutting hair," Hargrave said. "It's been nice to get a lot of love and feedback from the community. What I like most is just being able to make it what we want, just making it how it is, and controlling the dynamic, you know, whether the TV's on, the music's going, everything that people see, just making it a better experience and being in control of that compared to when you're just a barber in another shop, you might not have a say in that kind of stuff."

The Local Barbershop can be reached at 585-483-3060.

Press Release:

Batavia Players, Inc. and Main St. 56 Theater are excited to kick off a brand-new season of theatrical performances, community events, and business partnerships. The organization recently held its Annual Board Meeting on Saturday, January 25, where new leadership was confirmed, committees were formed, and plans for the highly anticipated 2025 season were shared.

Election of Officers

The following officers were elected for 2025:

• President: Patrick D. Burk
• Vice President: Jodi Coburn
• Secretary: Norm Argulsky
• Treasurer: Dave Adams

2025 Season & Organizational Updates

• The 2025 Gala was a huge success, and the recent "Drag Me Home" fundraiser saw a strong turnout, helping to generate funds for the theater.
• Upcoming productions, including "The Mousetrap,” “Cupid's Stupid" and Shakespeare’s "The Winter’s Tale," are well underway, with rehearsals and ticket sales in progress.
• As part of its continued growth and development, Batavia Players has established five key committees to help oversee and improve various aspects of theater operations. These committees will work collaboratively to support the theater’s mission and ensure its long-term success:
  1. Administrative, Finance & Planning Committee – Oversees financial planning, budgeting, and administrative policies to ensure the smooth operation of the theater.
  2. Box Office & Fundraising Committee – Manages ticketing operations and spearheads fundraising initiatives to generate support from donors, sponsors, and community members.
  3. Membership & Volunteer Activation Committee – Focuses on recruitment, engagement, and retention of volunteers and members who are essential to the theater’s operations.
  4. Advertising, Promotions & Public Relations Committee – Handles all marketing efforts, social media, press relations, and promotional campaigns to increase visibility and audience engagement.
  5. Property, Maintenance & Care Committee – Ensures the upkeep, maintenance, and overall care of the theater’s physical space and technical equipment.

These committees are open theater members and community volunteers who wish to contribute their expertise and passion for the arts.

Exciting Lineup for the 2025 Season

Batavia Players has an incredible slate of productions planned for 2025, celebrating the theme "Pure Imagination." Audiences can look forward to a diverse mix of classic plays, musicals, and cabarets, including:

• February 7-9 – Agatha Christie’s The Mousetrap
• February 14-15 – Cupid's Stupid: A Valentine's Day Cabaret
• March 21-23 – Shakespeare in Springtime: The Winter’s Tale
• April 11-13 – Lights, Camera, Action: A Cabaret
• May 16-18 – Jesus Christ Superstar
• July 18-19 – Summer Theater Camp: Frozen Jr.
• August 15-17 – Summer Youth Theater: Be More Chill
• September 12-14 – Laugh Tracks: A Musical Comedy Cabaret
• October 24-26 – Hedda Gabler
• December 12-14 – It’s A Wonderful Life

“This season is all about bringing creativity to life in unexpected ways,” said Patrick Burk, President of Batavia Players. “With Pure Imagination as our guiding theme, we are challenging ourselves to think outside the box—whether that means reimagining Shakespeare with a modern twist, putting a fresh spin on a beloved musical, or presenting classics in ways that will surprise and delight audiences. We’re giving our community a season filled with drama, laughter, and wonder, and we can’t wait for everyone to experience it.”

Exclusive Business Soirée – February 18

As part of its ongoing efforts to strengthen ties with the local business community, Main St. 56 Theater is hosting a Business Soirée on Tuesday, February 18, from 5 - 7 p.m.

This exclusive networking event is an opportunity for business owners, community leaders, and supporters of the arts to experience firsthand the transformative work happening at Main St. 56 Theater. Attendees will enjoy:

• Guided Tours – Explore the theater and see how it has become a cultural hub for the Batavia community.
• Live Performances – Enjoy two acts from a recent cabaret, showcasing the incredible talent that graces the Main St. 56 stage.
• Networking & Refreshments – Connect with fellow business owners, artists, and community members over delicious food and drinks.
• Corporate Sponsorship Opportunities – Learn about new sponsorship packages that provide businesses with unique marketing exposure while supporting local arts.

“This event is a chance for local businesses to see how they can be a part of the arts community,” said Jodi Coburn, Box Office Manager and Fundraising Committee Chair. “By partnering with Main St. 56 Theater, businesses not only support a vital nonprofit but also gain valuable visibility and goodwill within the community.”

RSVPs are requested by Saturday, February 15. To confirm attendance or for more information, contact Jodi Coburn at 585-813-4658 or boxoffice@bataviaplayers.org.

A Bright Future for Batavia Players & Main St. 56 Theater

With an ambitious 2025 season on the horizon and strong community engagement, Batavia Players is poised for an exciting year ahead.

For more information about upcoming productions, sponsorship opportunities, or ways to get involved, visit bataviaplayers.org or contact Heather Zerillo at admin@bataviaplayers.org.

During his years in Congress, former Texas representative Ron Paul, a medical doctor by trade, gained the nickname "Dr. No" for his propensity to vote against nearly every bill that came before him.

Might the Western Regional Off-Track Betting board of directors have its own "Dr. No"?

Erie County's representative, Timothy Callan, does have a Ph.D, but, in fairness, he more often than not votes yes on board motions. When he does vote no, though, he is typically the lone dissenting voice on a board that, though made up of Republicans and Democrats from large and small jurisdictions, often hues toward unanimity. 

When Callan, deputy comptroller for Erie County, votes no, the motion before him typically deals with financial expenditures.

That was the case Thursday when Callan voted against motions authorizing the OTB to hire a temporary general counsel while the board seeks a new staff attorney and voted against authorizing expenditures for advertising on Buffalo and Rochester broadcast media. He also voted against a $10,000 pay raise for the executive office manager, an apparent correction to her employment agreement. 

Callan said he is concerned about the seeming rise in payroll for executives at OTB.  He raised concerns in October when he voted against a reorganization plan that, as he sees it, created three new jobs. He's more concerned now, he said, because of current financial trends.

Last month, The Batavian reported that OTB was on track to return less revenue for 2024 to the 17 owner-municipalities than in recent years even while revenue has increased. 

"I think that we should be much more judicious about our spending," Callan told The Batavian after Thursday's board meeting.

In July, the OTB board voted to buyout the contracts of CEO Henry Wojtaszek, CFO Jackie Leach, and VP of Operations William White.

Wojtaszek earned $299,000; Leach, $244,000; and White, $160,000 (Leach's contract was amended on Thursday to extend her employment with OTB a short time to help with the ongoing transition in her department). 

Former Buffalo mayor Byron Brown replaced Wojtaszek as CEO in October at a salary of $295,000. 

In October, the OTB board reorganized the executive staff, creating a chief of staff position and a director of communications position. Steve Casey was hired as chief of staff at a salary of $190,000 and Michael DeGeorge became the director of communications at an annual salary of $130,000.

Ryan Hasenauer, former marketing director, was promoted to the new position of VP/Business Development and Danielle Fleming was named VP/Human Resources as part of the reorganization.

What the reorganization plan didn't address was the need to replace Wojtaszek in his secondary role as the agency's general counsel, a position he held before taking on the primary role of CEO.

Callan said he learned for the first time on Wednesday that Brown intended to hire a staff attorney with an anticipated salary of $160,000 to $180,000 annually, plus benefits.

"I was under the impression and led to believe that Judge (John) Owens was hired as an external vendor -- he's not an employee of the corporation, but he has been serving as legal counsel for the Corporation since May or April of 2023," Callan said. "I've interacted with him last year, when I joined the board last January, and found him to be very reasonable and competent."

Callan said he is under the impression that the retainer fee for the firm that employs Owens is being increased by $25,000, but at the same time, OTB, Callan said, is paying out "hundreds of thousands of dollars" for outside counsel on a variety of legal issues facing the agency. 

While Callan believes executive salary expenditures are up significantly, Brown told The Batavian in a separate interview on Thursday that "it's a wash from what it was previously."

"When you look at the top executive positions, there is no material difference in the spending," Brown said. "With the legal counsel, we were outsourcing a lot of that legal work previously, and my goal is to bring more of that work in-house and create a more competitive environment and how law firms are selected when we do have to outsource legal work."

Brown said he believes it is important for the corporation to have legal counsel on staff, available on a day-to-day basis.

"There are a lot of legal matters that come before the corporation all the time, and so for the corporation to operate more efficiently, for the corporation to save money on legal expenses, having an in-house counsel that is available daily, I think, will make the operation of the corporation even more efficient," Brown said.

Callan was appointed to the board as a result of legislation pushed by Democratic Sen. Timothy Kennedy, representing Erie County, making spurious claims about corruption at the agency, to fire all of the board members serving in 2023 and giving the larger jurisdictions among the 17 owner-municipalities greater weighted voting. This g was expected to shift the controlling interest of the corporation away from Republicans and to Democrats.

Wojtaszek is a Republican and often the target of attacks by Erie and Niagara county politicians. 

In relation to Callan's assertion that executive expenses are going up in the wake of Wojtaszek from the agency, The Batavian asked Callan about the apparent "unintended consequences" of "pushing out" Wojtaszek.

Callan said he was as surprised as anybody when he learned before the July board meeting that Wojtaszek was seeking a buyout of his contract.

"That was news to me," Callan said. "I've not heard anybody say Henry was pushed out. I don't know if Henry thinks he was pushed out, but everything I was told by Henry, by our chairman, and by other colleagues here is that Henry chose to leave and wanted a buyout. I wasn't told he was pushed out. So I don't know where that sentiment would come from."

Wojtaszek told The Batavian in June that his departure was by "mutual agreement."

As for advertising spending, the board approved the expenditure of up to $1,155,000 for advertising at 14 broadcast outlets in Rochester and Buffalo.

That doesn't mean OTB will spend that amount, just that marketing staff can make ad buys up to the amounts specified for each individual outlet, ranging on an individual outlet basis from $15,000 to $250,000.

Callan said he isn't convinced the corporation has a good metrics system to ensure each outlet delivers results.

He said that during the advertising committee meeting on Wednesday, he asked colleagues to cut the authorization in half, perhaps covering only six months.

"Let's, as a board, understand the analytics behind why you're paying this TV station this amount, why this TV station in Rochester is getting this amount," Callan said.

(Disclosure: Batavia Downs has been advertising with The Batavian for about a decade but never in the amounts disclosed in the resolutions approved by the board.)

Callan said he's previously raised the question in internal meetings but has never found the answers satisfactory.  He said he wants to know if an ad can be linked to betting, to meals, to track attendance, remote betting, or hotel stays.

"How do we track and know who these people are and how they came here? In other words, how do we know that a TV ad is running in Buffalo every five minutes -- it seems like -- I live in the Buffalo area -- and every five minutes on one of the TV stations I see a Batavia Downs ad," Callan said. "How do we know the effectiveness of this? How do you track people who watch Channel 2, the NBC station in Buffalo? What's the bang for the buck that -- you know, they're advertising the most, they are getting the most money in the resolution -- that's driving people to want to come here?"

Brown said Thursday's resolutions were based on an advertising budget that was passed as part of the operational plan in December. 

"I was able to share with board members that my management team and I have already reduced some of the marketing spending, but it's critically important to market Batavia Downs Gaming and Hotel to keep people coming to the property, using the property, being aware of the property, so that we can continue our success in this very competitive industry," Brown said.

As for analytics, Brown said he agrees with Callan that measuring results is important. 

"We want to analyze our spending," Brown said. "We want to be able to track the impact of our spending and make sure that we are spending money on the market and in other areas most intelligently and efficiently."

He said, in fact, there is already tracking in place.

"I think we have to do a better job of sharing that tracking and those analytics, and we will certainly do that," Brown said. "But already in the first part of this year, we've demonstrated to the board that we have reduced the amount of money we spend on marketing while still expanding our marketing reach."

First-year Western Regional Off-Track Betting CEO Byron Brown has a four-point legislative plan he's pursuing in Albany in his attempt to grow the business and generate more revenue for the 17 municipalities that own the organization.

The top priority is reducing OTB's tax rate from 49% to 44%. That five percentage point drop would increase revenue for Batavia Downs by $4.5 million.

"We propose to use that revenue to increase disbursements to the 17 member municipalities, which would certainly make 17 governments in Western New York financially stronger," Brown said. "We would also look to provide raises to our hard-working employees, and you know that would certainly go back into the economy of Western New York, and finally, our interest would be to reduce what our employees pay for their family health insurance."

The reduction would make the OTB's tax rate more equitable with Hamburg Gaming and Vernon Downs.

"This would not affect either of those operations," Brown said. "Of course, gaming is a very competitive industry. This would make us more competitive in the industry, and these revenues would go to 17 municipalities and to the employees who work here."

Brown noted that WROTB is unique in that it has 17 member-owners and distributes revenue to 17 municipalities. No other gaming operation in the state has as many stakeholders receiving revenue from the operation.

"Suffolk OTB, for example, has one municipality to which they provide resources," Brown said. "In our case, we have 17. So this has a positive financial impact on 17 different municipalities in Western New York. This is also the fifth largest employer, with roughly 420 employees, in Genesee County, and 52% of those employees are unionized employees."

Brown is also aiming at ensuring WROTB gets a piece of the action if iGaming is approved by the state, a project favored, Brown said, by the chair of the Senate Committee on Racing, Wagering, and Gaming.

iGaming means online gambling, which includes casino games, sports betting, and online poker.

There are statutes in New York that also require, besides the tax, OTBs to pay fees to the gaming commission.  Brown is seeking a reduction in those fees.

The fourth item on his legislative agenda is to extend the boundaries for WROTB's E-Z Bet machines. Right now, they can't be placed more than 40 miles away from the track. That leaves out portions of Erie County. 

These are the sort of issues board members expected Brown to tackle when they approved his employment contract.  As a former mayor and former state legislator, he has a lifetime of political connections in Albany.

But that doesn't mean winning support for these initiatives will be easy.

Annual budget planning starts in June, and Brown started his new position in October, so that's a challenge for Brown to overcome, but he's working at it, he said.

"We're a little behind where we would like to be in terms of our legislative agenda, but we have hit the ground running," Brown said. "I've been to Albany talking to state legislators and the governor's staff and others. You know, the last trip to Albany was just another step in that process. I attended the governor's State of the State speech. We requested a number of meetings with members of the Assembly and with the Governor's staff, and all of the meetings that we requested were granted. So we feel that we're being listened to, that we're being heard, and people have been very receptive to our concerns and our needs."