County Legislature

The Genesee County Legislature’s Ways & Means Committee this afternoon passed a resolution opposing a bill in the New York State Senate that would reconfigure the makeup of the Western Regional Off-Track Betting governing board, thus eliminating a standalone vote by the Genesee County director.

“It’s an outrage,” said Committee Chair Marianne Clattenburg, who represents the City of Batavia. “I’m really concerned about this power grab.”

Clattenburg said Genesee County has a significant stake in WROTB, the public benefit company that operates Batavia Downs Gaming and harness track in Batavia and Off-Track Betting locations throughout Western New York.

She mentioned that Genesee County provides law enforcement and public safety services to the Park Road facility.

Richard Siebert, (photo at right), the county WROTB director for the past 28 years, brought the matter to the legislature’s attention two weeks ago and he was present at today’s meeting at the Old County Courthouse in support of the resolution that would retain the longstanding board structure – one vote for each director representing 15 counties and the cities of Rochester and Buffalo.

Kennedy’s bill calls for the following:

• Three members to represent the counties of Monroe, Wyoming, and Orleans;
• One member to represent the counties of Chautauqua, Cayuga, Genesee, Livingston, Schuyler, and Seneca;
• Four members to represent Erie County;
• One member to represent Niagara County;
• One member to represent the counties of Oswego, Cattaraugus, and Orleans;
• One member to represent the City of Buffalo;
• One member to represent the City of Rochester;
• One member appointed by the governor;
• One member appointed by the temporary president of the senate;
• One member appointed by the speaker of the assembly.

Kennedy said that his intent is to “provide more equal representation of the people of the area who benefit from proceeds from said corporation.”

Siebert, in disputing that contention, said “this is just a blatant takeover of (by) very powerful people.”

“In my estimation, we have a very good thing going here. You know what we’re doing here in the casino ... the race track, with our concerts,” he said.

With a year-by-year revenue distribution list in hand, Siebert said WROTB has distributed more than $12 million to Genesee County since 1975.

“When we joined OTB in 1974, we had to give them $13,700 seed money. To date, our investment for Genesee County – the cash we have paid – is $12,683,000 and change,” he said. “If anybody in Albany is saying that we’re not doing a good job, for a $14,000 investment and getting $12 million back speaks (for itself).”

Siebert said the key issue is that Genesee County “has the most to lose” by not having its own vote on legislative, purchasing, personnel, and other topics.

He said with the casino and horse racing track in the Town of Batavia, local municipal leaders are available to handle situations that come up from time to time.

“If there's a problem with Redfield Parkway, or noise or horse manure, which we’ve had in the past, people can come to you and can come to me and say, ‘What’s going on over there and why are we doing this or that?’” he said. “Not having one director to represent our count and everything we’ve got going on here, is just, I think, a travesty.”

Siebert said WROTB directors in other rural counties also are going to their legislators and council members in expectation of similar resolutions, and that the corporation is looking to hire a lobbying firm to exert political pressure on senators and assembly members in Albany.

“And a third thing is to basically go back to the position that we’re a public benefit corporation set up under Home Rule, and if they want to take us apart, they have to do it the same way we started – take us apart by Home Rule and let you people (legislature) decide,” he said.

The resolution points out that WROTB has generated more than $250 million in operating and surcharge revenues to the taxpayers of the participating municipalities, with Siebert adding that the board sends $3 million per month to New York State for what is supposed to go to support education.

Passed unanimously by the committee, the resolution will be addressed by the full legislature at next Wednesday’s meeting.

Previously: Genesee's WROTB director slams state senator's attempt to restructure board of directors, place a cap on perks

Genesee County Manager Matt Landers is urging legislators and key staff members to strike while the iron is hot as far as funding opportunities from New York State are concerned.

“Just a couple of years ago … former Governor Cuomo was telling us that they had a four-year projection of something like $80 billion in the hole. A year later, they were down to $20 billion in the hole, and then $3 billion,” Landers said.

“Now, they're looking at something like over $50 billion to the positive in a four-year projection outlook. So, the state is looking at different opportunities to fund. If there’s ever a time to ask for stuff – this is the time.”

Landers made his comments during this afternoon’s County Legislature meeting at the Old County Courthouse.

With Genesee moving ahead with Phase 3 of its Countywide Water Project, Landers encouraged County Engineer Tim Hens and his team to “put together some aggressive ‘asks’ on the water side because it's never going to be any better than right now to be asking for funding for some of our projects.”

Landers said that in reviewing Gov. Kathy Hochul’s $216 billion spending plan for 2022-23, the path seems to be clear for the county to receive its 1 percent sales tax as well as the cash generated by video lottery terminals at Batavia Downs Gaming.

“At this point in time, it looks like there's more good than bad, and not necessarily all financial,” he said. “Just having the ability to not have to go back and beg Albany for our extra 1 percent sales tax is a nice provision that's in there. It isn't tied directly to financially -- it's more procedural and a bit nerve racking that we have to do it, but it’s a nice thing that it's in the (state) budget.”

He also said distribution of VLT money – an unknown in recent years – is on track, and the county is expected to receive “an additional windfall in Article Six funding for the health department … and for mental health and veteran services.”

Article 6 state funds help support critical services provided by local health departments.

MASKING OF COUNTY EMPLOYEES

Landers pointed out that the masking requirement for county employees, which has been in effect for some time, continues – regardless of any legal back-and-forth that is happening at the state level.

County employees must wear face coverings at all time, but can take them off when seated at their workstations and are at least six feet away from others. Visitors to county buildings also are required to wear masks.

“… the Genesee County policy that we had for masking for county employees and visitors to our buildings were in effect before the governor's mandate came into place,” Landers said. “And that would still be in effect, regardless of whatever the court decision was.”

Landers mentioned that the county policy was instituted when there were “a quarter of the cases in the county that we have now, so I think it'd would not be wise for us to not follow science and to open ourselves up to less safe conditions for our employees.”

“We’re going to monitor and hopefully be able to take a different action in the spring, when the cases are ... expected to reduce but just wanted to give an update to the legislature where we stand with that,” Landers said. “And that is with both consultation and an agreement and approval from our public health director.”

NEW COUNTY JAIL UPDATES

Landers said the timeline for the new $70 million county jail on West Main Street Road hasn’t changed, crediting the work of "jail team" members Paul Osborn and Laura Wadhams for their efforts and Hens for reviewing the site plans and preparing bid documents.

“We were scheduled to be out (with bids) next week but we'd rather have it right than to just to rush,” he said. “So the timeline is still a little fluid where we're looking at (maybe) an additional week or two delay, which isn't going to be significant in the long term.”

The county manager added that Osborn and Wadhams will save the county “well into the six figures on catching things we don’t need.”

“That would be a waste of taxpayer money. I've been highly impressed with the work that they've been doing for us. They're some of our best employees and we're lucky to have them,” he said.

LEGISLATORS PASS RULE 19 ITEMS

The final two of the 54 resolutions on the meeting’s agenda were Rule 19 measures (late additions) relating to the purchase of COVID-19 test kits and the revision of the county’s purchasing policy specifically for the jail project.

Genesee County was hoping to use state funds to buy 20,000 test kits for its residents, but learned in recent days that would not be allowed. As a result, it reverted to its original resolution that called upon using $150,750 from American Rescue Plan Act (federal) funding.

Concerning the purchasing resolution, the legislature authorized Landers to approve expenditures up to $35,000 – instead of the current $20,000 limit – exclusively during the construction of the jail.

The change was made after consulting with construction management, engineering and architectural officials, who are looking to avoid any work stoppages by having to wait for the full legislature to convene.

Municipalities in Genesee County racked up $40,505 in expenses to conduct the Nov. 2 general election, according to information provided by the county’s Real Property Tax Services department.

Per diem fees for training, inspectors and coordinators elections are covered by Genesee County with the expectation that it will be reimbursed after the exact amounts are determined.

According to a resolution passed on Wednesday by the Genesee County Legislature’s Ways & Means Committee (and subject to approval by the full legislature next week), the towns and City of Batavia are responsible for the following charges:

• City of Batavia, $11,070;
• Alabama, $1,615;
• Alexander, $1,790;
• Batavia, $3,770;
• Bergen, $1,860;
• Bethany, $1,220;
• Byron, $1,650;
• Darien, $1,685;
• Elba, $1,685;
• Le Roy, $4,335;
• Oakfield, $1,830;
• Pavilion, $1,720;
• Pembroke, $4,230;
• Stafford, $2,045.

Additionally, $5,781 in fees for the 2021 early voting period (Oct. 23-31) will be charged back to the City of Batavia and towns as follows:

• City of Batavia, $1,331;
• Alabama, $173;
• Alexander, $231;
• Batavia, $636;
• Bergen, $348;
• Bethany, $173;
• Byron, $231;
• Darien, $347;
• Elba, $231;
• Le Roy, $809;
• Oakfield, $289;
• Pavilion, $231;
• Pembroke, $462;
• Stafford, $289

Ways & Means approved resolutions authorizing the Board of Elections to contract with NTS Data Services of Niagara Falls to provide poll book, team registration and full document imaging for 2022 at a cost of $34,809 and for cybersecurity for 2022 at a startup cost of $11,509 followed by a payment of $8,809 for software and support services.

The COVID-19 pandemic created varying degrees of hardship to business and industry over the past couple years, but not many sectors were hurt more than tourism.

As a result of restrictions on travel, especially the closing of the Canadian border, Genesee County Chamber of Commerce personnel have embarked on a “deep look” into the agency’s operation and reportedly are enthused over the discovery of new technology to aid in tourism’s recovery.

“The last couple of years have caused us to really take a very deep look at what we do, how we do it, and where do we go from here. Who would have ever thought (that) this strong industry of tourism would have been taken down and dismantled the way that it was,” said Tourism Marketing Director Kelly Rapone (photo at right) at Wednesday’s Genesee County Legislature Ways & Means Committee meeting via Zoom.

Rapone reported that the Chamber of Commerce seeks to expand its role into “destination management, where we’re really looking to guide the direction of the future growth of our tourism industry here.”

Data analytics that integrate information into a unique platform, she said, will help them achieve their goals.

“One of the tools that we're now able to access is called Air DNA -- and this is very timely given the change of our local legislation with our short-term rentals (a local law that will result in the county receiving bed tax funds from home and other short-term rentals),” she said. “Now with this tool, we will be able to look at all of the short-term rental data in the county going back -- providing historical data for 2019, 2020, and 2021, and it refreshes monthly.”

Rapone said the agency will be able to track the number of properties, occupancy, location and revenue, and will be able to integrate that with current short-term rental reports.

“The other really exciting data tool that we're using is now this mobile location data collection,” she said. “So, what we're able to do now using this dashboard is drop pins throughout the county and destinations for geographies. And we're now able to go in and capture mobile data -- people that are visiting those locations -- and we're able to extract where they're coming from and what their demographics are.”

She said her department will be able to retrieve this data from the past three years “so that we can really hone in on the visitor -- exactly where they're going or where they're coming from and what they're doing.”

The Chamber of Commerce also is planning to redesign its website this year, she said, something that hasn’t been done since 2016.

Other information shared by Rapone and Chamber President Erik Fix at yesterday’s meeting:

• Hotel occupancy in Genesee County for 2021 was down 24 percent compared to 2019 (considered a “normal” year), while the average daily rates were up by 10 percent. Overall revenue was down approximately 16 percent.

Rapone said the increase to the average daily rate … “largely has been driven by that Canadian border being closed to U.S. travelers crossing as well as others who would have crossed to spend tonight. So, we did see some pickup in room nights, as well as demand in terms of being able to increase room revenues. The average daily rate is really what's bringing our revenue up this year.”

• Year-end gross bed tax earnings are projected to be between $365,000 and $375,000, and the overall visitor impact is projected to be around $150 million, which is down from a more normal figure of $180 million.

• Due to a decrease in matching funds and the agency’s overall budget, the Chamber of Commerce’s participation in with tourism partners decreased. Those who did join in promotional strategies included Six Flags Darien Lake and the Genesee County Fair.

• Visitor Center traffic decreased by 42 percent compared to 2019. “We have had visitors all year long, just certainly not the volume that we're used to seeing,” Rapone said.

COMMITTEE PASSES RESOLUTIONS

The Ways & Means Committee passed two resolutions connected to the Chamber of Commerce – designating it as the county’s official tourism agency for 2022 and authorizing payment of up to $420,000 exclusively from the county’s hotel and motel tax receipts to the Chamber for publicity and tourism services this year.

The Genesee County Legislature’s Public Service Committee this afternoon approved two measures connected to the to design and right-of-way aspects of the mostly federally-funded South Lyon Street Bridge replacement project in the City of Batavia.

The first resolution amends the capital project by $23,000 ($4,500 in local funding) to pay for a supplemental agreement with Fisher Associates of Rochester for additional ROW consultant services, and the second resolution is for the county to purchase two parcels needed to complete the project.

If approved by the GCL’s Ways & Means Committee and, ultimately, the full legislature, the county will pay $4,000 to Aaron Howland and $1,900 to BGW Properties LLC for the land.

The amended project total is $659,933, and is to be funded with 80% federal aid and a 20% match from local 1% sales tax revenue.

In other action, the PSC recommended approval of the following resolutions:

• Intermunicipal agreements with the Town of Alexander Water District No. 6 and Town of Bergen for improvements that will advance Phase 3 and Phase 2, respectively, of the Countywide Water Project.

The county will reimburse the Town of Alexander an estimated $231,863 per year for 38 years for the town’s installation of a water main and construction of a water storage tank that benefits the countywide system.

Genesee will reimburse the Town of Bergen for $38,000 in cost increases related to a previous agreement for the upgrades of certain water mains constructed by the town in Water Improvement Benefit Area No. 1. The increase brings the total eligible for reimbursement by the county to $85,000.

• Acceptance of a $50,000 grant secured by Assemblyman Stephen Hawley from the Dormitory Authority of the State of New York to assist in the restoration of stonework at the Genesee Justice (County Jail) building at 14 West Main St.

County Engineer Tim Hens said the extensive project could cost as much as $1 million. Necessary work includes repairs to the damaged front porch, repointing/resetting of stones on the historic front part and repairs to the built-in gutters, fascia and soffit.

“The last time we tried to bid the project it was nearly $500,000, but I'm guessing it might be closer to a million,” Hens said. “We are having a construction estimate being generated by third-party consultant before trying to bid.  We are also trying to secure additional grants.”

• Amendment of the Genesee County Airport apron reconstruction project upon receiving word that the Federal Aviation Administration would be increasing its funding and no longer would require state or local aid.

As a result, $75,866 will be returned to the county, with the FAA picking up the entire $1.5 million cost of the project due to an increase in COVID funds dispersed to localities.

The committee also voted in favor of the following capital projects for 2022, to be paid for through the 1 percent sales tax fund: Holland Land Office Museum Restoration Study, $45,000; Courts Facility Boiler, $39,000; Highway Fuel Farm Upgrade, $35,264; Countywide HVAC (Heating, Ventilation, Air Conditioning) Controls Upgrade, $225,000.

• Adoption of the Genesee 2050 project that includes updates of the county’s Comprehensive and Recreation plans, a venture that has been partially funded by a $40,000 grant from New York State Empire Development.

The remainder of the $100,000 expense will be covered by a $45,000 cash match from a previously established capital project and a $15,000 in-kind contribution.

County Planning Director Felipe Oltramari said both plans have to be approved in order for the grant to kick in. He said that plans call for continued use of focus groups and input from the general public in the process.

In a related move, the committee authorized the county’s continued support of the Genesee/Finger Lakes Regional Planning Council at the $10,967 annual level.

• Reappointments of Tim Hens, Timothy Yaeger and Donna Hackett to the Genesee County Traffic Safety Board for three-year terms; Danielle Cummins and Diane Fowler to the Water Resource Agency for two-year terms; Donn Branton to the Agricultural Farmland Protection Board for a three-year term; Richard Richmond II to the Genesee County Planning Board for a two-year term; Michael Ciociola to the Fish & Wildlife Management Board for a two-year term, and Edward DeJaneiro Jr. as an alternate member to the GLOW Region Solid Waste Management Committee.

• Applications from ACORNS, the Genesee County Park and Forest volunteer organization, for a music in the park event on Aug. 6 and a 5K/10K trail run and walk fundraiser on Oct. 2.

All PSC approvals are subject to passage by the Ways & Means Committee and, ultimately, by the entire Genesee County Legislature.

“Welcome home to Genesee County. We expect great things – tomorrow.”

With that introduction from Legislature Chair Rochelle Stein, lifelong Geneseean James Wujcik took his seat as the new county attorney.

The legislature’s appointment of Wujcik, who is replacing Kevin Earl, runs through Dec. 31, 2023.

Wujcik, a partner in the Attica firm of Dadd, Nelson, Wilkinson & Wujcik, said is leaving his part-time position as Wyoming County attorney in order to work on a full-time basis and be closer to his Le Roy home.

“I really didn't have any reason to leave Wyoming County,” he said following tonight’s Genesee County Legislature organizational meeting at the Old County Courthouse. “I love that job. And I thank the Board of Supervisors for allowing me to serve.”

He served four terms in Wyoming County.

“And the only reason I would have left is when this opened up. I grew up here and my family's from here. And it just seemed time to make a change,” he said, adding that his contract with Genesee County will result in him “phasing out” his private practice.

Longtime Batavia residents surely remember the Surprise Store and Enterprise Clothing on Ellicott Street in the city, which was owned by the Wujcik family.

“I'm from Le Roy; my mother’s side has been in Le Roy since like the 1850s,” he said. “My father’s side was from Batavia. My family's the Surprise Store and actually my grandmother’s house is where All Babies Cherished is now (down the road on Ellicott Street).”

Wujcik said he owes much of his success as a lawyer to the late Eric Dadd.

“I worked for Eric (Dadd) and he actually hired me as a part-time, first assistant county attorney. He was a mentor and beyond that to me. And he’s still missed to this day after he unexpectedly died in July of 2013,” he said.

“Now, his two associates have both become county attorneys (Wujcik and Jennifer Wilkinson, who is succeeding him in Wyoming County).”

When asked about the challenges facing Genesee County, Wujcik simply said he understands there are many important issues on the table and that he is “just looking forward to working with the legislature.”

“And I'm not going to comment on anything else," he said, ending the brief interview with a hearty laugh.

Photo: James Wujcik, with his son, Joseph, and daughter, Anna, is sworn in as Genesee County attorney by County Clerk Michael Cianfrini. Photo by Mike Pettinella.

The Genesee County Legislature welcomed 2022 tonight with an organizational meeting at the Old County Courthouse marked by the swearing in of district representatives, attorneys and clerk – and Chairperson Rochelle Stein's hope for better days ahead.

Stein (in photo above being sworn in by County Clerk Michael Cianfrini and joined by grandsons Daniel, left, and Lockwood Sutherland) was unanimously approved by her peers to continue leading the legislative body.

She called Genesee County “a community of wealth of spirit and pride” while thanking those in public health and the hundreds of volunteers who gave countless hours in the battle against the COVID-19 pandemic.

Prior to a Committee of the Whole meeting where lawmakers passed a resolution authorizing county treasurer Scott German to borrow up to $70 million in serial bonds toward the construction of a new county jail on West Main Street Road. Following is the text of the speech Stein gave at the end of the session:

“The county faced many challenges in 2021 and achieved many accomplishments. The COVID pandemic continues to rage on. We have our Public Health Department staff, Emergency Management staff, Public Safety officers and all county departments and other municipal partners leadership to thank for their dedication to our health and prosperity in 2021.

“Our ability to serve members of Genesee County came down to testing, clinics and vaccination clinics and now mask distributions and soon at-home COVID test kits.

“Volunteers from every department of Genesee County came together to accomplish one goal: Recover our good public health. Truly the best example of meeting the needs of our communities. Thank you to all of our volunteers.

“Our Chamber of Commerce and (Genesee County) Economic Development Center took on the communication and guidance and support of our businesses. Our business sector of essential businesses learned that staff and employees are critical needs to continue meeting supply demands.

“Highways and bridges were repaired and replaced all throughout the county. (WNY) STAMP campus has Plug Power as an initial green energy business tenant. More interest in our shovel-ready parks was evident in 2021.

“Families lost love ones, whether due to COVID or not, (and) traditions of gathering in grief and loss were curtailed. We carry these friends, family members and neighbors with us daily in loss and in prayer.

“Accomplishing a 40-year sales tax agreement with the City of Batavia and municipal water surcharge agreements (with towns and villages) is game changing for moving our next public water project into motion.

“Moving forward with construction of a new jail in 2022, Phase 3 of the (Countywide) Public Water (Project) and investing in high speed broadband are next up on our to-do list.

I am very pleased to be part of this legislative body of thoughtful forward-thinking individuals who take responsibility for moving our county forward into the next decade with courage and vision.

“In spite of COVID arresting what was our normal way of life, we have embraced technology – we may even be ‘remote meeting gurus’ by now. We have learned to think outside of the box for local governments to accomplish goals.

“We have much to be appreciative of, and see the uncertainties ahead of us. Together with dedicated leadership, factual information and administrative support from our county manager, we will continue to be a successful county. Genesee County is a community with wealth of spirit and pride. We are proud to serve her.”

JAIL FINANCING AT TOP OF LIST

County Manager Matt Landers said the resolution giving German the go-ahead to identify financial institutions willing to issue the bonds caps a “long journey” to construction the state-mandated 184-bed jail.

He also mentioned that the county has money in reserve, believed to be in the $7 million to $10 million range, that could be used to enable the county “to borrow a little less” than the $70 million or to cover any overages brought about by a “volatile” construction marker.

German said he will be contacting banks and other lenders, keeping a Feb. 15 deadline to change the amount to be borrowed, again depending upon construction costs.

Members of the 2022 Genesee County Legislature, front from left, Gregg Torrey, Rochelle Stein, Marianne Clattenburg; back, Brooks Hawley, Christian Yunker, Chad Klotzbach, John Deleo, Gordon Dibble and Gary Maha. Clattenburg and Torrey will serve as 1st and 2nd vice chair, respectively.

Kevin Finnell, accompanied by his wife, Nanette, takes the oath of office as the county's District Attorney. Cianfrini is at right. Jerry Ader of Clarence was reappointed as Genesee County public defender through Dec. 31, 2023.

Cianfrini swears in Legislature Clerk Lisa Casey as her mother, Sandy, looks on. Casey was hired by the legislature in early September 2021.

Photos by Mike Pettinella.

Previously: Legislature set to appoint LeRoyan Wujcik as county attorney; Town of Batavia to hire Earl on part-time basis

It seems as though the Genesee County Legislature and the Batavia Town Board are on the verge of making changes in their legal representation departments.

Personnel moves -- per resolutions to be considered at meetings tonight and previously passed by the Wyoming County Board of Supervisors -- are as follows:

• James Wujcik of Le Roy (photo at right) is being appointed as Genesee County attorney through Dec. 31, 2023, replacing Kevin Earl, who has served in that capacity for the past five years;

• Earl is being hired as counsel to the supervisor for the Town of Batavia on a part-time (20 hours per week) basis;

• Jennifer Wilkinson of Attica has been appointed as Wyoming County attorney, replacing Wujcik, who has served as counsel to that county’s Board of Supervisors for the past eight years. Both Wilkinson and Wujcik are lawyers with the Attica firm of Dadd, Nelson, Wilkinson & Wujcik.

• Jerry Ader of Clarence is being reappointed as Genesee County public defender through Dec. 31, 2023.

COUNTY SET TO ‘MOVE FORWARD’

County Legislature Chair Rochelle Stein cited Wujcik’s experience as a county attorney as he steps into the role of helping to facilitate key projects facing the municipality in the near future.

“Jim has just finished his term with serving Wyoming County – not as a full-time attorney – and we are looking forward to having him come on board (in a full-time capacity),” she said. “He was interested (in the Genesee County job) and we were interested, and we believe that we're going to continue to work on behalf of the taxpayers here in Genesee County -- in a really smart, effective and efficient way.”

Stein said that Earl (photo at left) was “ready to step into his semi-retirement role” and she thanked him for his service.

“This was mutual on both sides,” she said. “He has really performed a great service to the county for the last five years. We have gone through some … amazing things while he sat in that office, and there's the craziness of this pandemic.”

She mentioned the addition of a corporate compliance officer, progress on the new county jail, 40-year sales tax agreement and the water agreement with towns and villages as major accomplishments.

“We just wish him (Earl) all the best as he transitions into this new role,” she said.

Earl, contacted by telephone moments ago, issued the following statement:

“I thoroughly enjoyed my work with the county and all the county employees, and I am grateful for this opportunity with the Town of Batavia on a part-time basis as part of my semi-retirement strategy.”

TOWN CREATES NEW POSITION

The Batavia Town Board is set to create the counsel to the supervisor position tonight and hire Earl, a former attorney for the town and longtime Batavia resident, at a rate of $51.52 per hour, effective January 10.

Town Supervisor Gregory Post said the decision was predicated upon the additional volume of legal work coming into the town coupled with the desire of current Town Attorney Andrew Meier, a Medina resident with a private practice, to decrease his workload.

Post added that a “number of line items in our budget are dedicated to legal and we are in a good position to enter into an agreement with Kevin for his services.”

The position will be evaluated after six months, Post added.

“There are things that have been on the table for six or seven months that haven't been attended to, and we’ve got two new projects that are been grant funded in the last 30 days.” Post said. “We have pretty good vibes that more development is on the way.”

Post noted that Wujcik represents the town on code enforcement and building inspection matters, but expects that he will be giving that up in his new role as Genesee County attorney.

The supervisor had high praise for Earl, who, he said, “did an unbelievable job for us for so many years.”

“I have great respect for Kevin,” Post said. “And when I found that he would be available, he and I had a conversation and I talked it over with my counsel and my staff. And we feel as though we're finding a path of trying to save some money.”

Post said the normal hourly rate for contracting with attorneys is around $200.

“Kevin will be in the office – and will be immediately available to the building department, to code enforcement and inspectors, to the engineering staff, to the town clerk and be able to work with planning and zoning,” he said. “He will help us move through these new public works projects and navigate contracts and insurance service agreements for the next year.”

The Genesee County Legislature, in a special Committee of the Whole meeting minutes ago, approved a contract with Common Ground Health of Rochester to join forces with Causewave Community Partners, also of Rochester, to conduct a regional marketing and outreach campaign promoting the benefits of the COVID-19 vaccine.

Genesee County's cost of the $150,000 initiative, which will focus on the rural counties of the Finger Lakes Region, is $15,171.10 -- using federal grant money.

"We believe this is a small investment of federal dollars to go toward outreach efforts to educate the hard-to-reach people and the vaccine hesitant," County Manager Matt Landers said. "The campaign is not designed to sway people who have already made up their minds concerning vaccination."

The resolution states that the proposed marketing and outreach strategy will consist of purchased advertising in a number of local and regional outlets, earned media, and targeted direct mailings to particular populations within the region.

It also indicates that public health directors and county leaders see a "pressing need to undertake the campaign to increase vaccine uptake rates and to try to slow the increase of cases, hospitalizations and deaths from COVID-19."

Landers said wording in the contract includes the opportunity for the county to be reimbursed should the agreement be terminated before all services are rendered.

 

News that Monroe County has purchased 750,000 at-home rapid COVID-19 testing kits has triggered an expected response from leaders of Genesee and other rural counties in the Finger Lakes Region: Where are our test kits?

“We going to continue to beat the drum” for financial support from New York State to have access to as many test kits as needed, Genesee County Manager Matt Landers said during this afternoon’s County Legislature meeting at the Old County Courthouse.

Landers said members of the Finger Lakes Region group of administrators, public health officials and legislators are advocating for “a similar allotment” – enough test kits for distribution among their residents.

“Erie and Monroe counties got additional CARES (Coronavirus Aid, Relief, and Economic Security) Act money,” Landers said. “We have emailed the state and the response we got is that they (too) are having a hard time procuring them.”

On Tuesday, Monroe County Executive Adam Bello announced that 250,000 rapid test kits will be used for school-aged children and the other 500,000 will be given to towns, villages and the City of Rochester.

Landers said he believes that more in-home testing is “one way to lessen the spread,” adding that he is confident that residents possess the knowledge to administer the tests and the willingness to take appropriate action in the case of a positive COVID test.

On another front, Landers said that Jan. 5, 2022 is the target date for the processing of the bond resolution that will fund the new county jail on West Main Street Road. He said the county expects to issue construction bids at the end of January, award the bids in March and break ground in April.

The legislature approved the following appointments:

• Gary Graber, Darien, Parks, Recreation & Forest Advisory Committee, 12/9/21-3/31/24.

• Lynn VanDerBeck,. Byron, Office for the Aging Advisory Council, 1/1/22-12/31/24.

• Dr. Javeed Mir, Batavia, 1/1/22-8/14/22; Wendy Haywood, Bergen, 1/1/22-12/31/22; Kathleen Antonelli, Batavia, 12/8/21-12/31/25; Vernon Saile, Byron, 12/8/21-12/31/25, Mental Health Community Services Board.

Genesee County lawmakers are being asked to consider spending $15,000 as part of a regional media blitz aimed at persuading the “vaccine hesitant” and others to protect themselves against COVID-19.

County Legislature Chair Rochelle Stein, County Manager Matt Landers and Public Health Director Paul Pettit are part of a weekly conference call with representatives of the seven other counties in the Finger Lakes Region.

Over the course of recent discussions, the participants have reached a consensus to contract with Rochester-based Causewave Community Partners and Common Ground Health through the end of the year on a media campaign targeting rural counties such as Genesee.

The full cost of the initiative – which would include television ads, radio spots, direct mailing and social media announcements – is $150,000. Genesee’s cost, based on population, is around $15,000, Landers said at today’s Ways & Means Committee meeting at the Old County Courthouse.

The campaign is being coordinated by Chris DeBolt, Ontario County administrator.

“One of the things that we really liked about (the companies’ presentation) is that the focus is, one, that they're not going after the never-evers,” Landers explained. “They understand where people are and they’re not going to try to change set minds.”

Instead, he said, the goal “is to help people that are vaccine hesitant …to help reinforce people that have already gotten the vaccine to get the booster and to focus on masking -- good defenses that are out there for COVID.”

Another important aspect is that the focus will be on rural counties, Landers advised.

“Monroe County would not be participating in this, which is good, because they have a different challenge and different dilemma than the rest of the counties that surround Monroe County,” he said.

Landers said ideas include enlisting a local doctor to answer questions from a community resident – “30-second bites tailored toward our communities,” he noted – and direct mail that would target hard to reach zip codes and hard to reach populations, in general, such as Mennonite, Amish or Native American.

He said he sees the $15,000 as a relatively small amount that enables the county “to leverage a company that is going to have some uniform messaging throughout the region to similar counties.”

“And I think it's a good step given the direction that we are going with the pandemic.”

Ways & Means Chair Marianne Clattenburg pointed out that the cost breaks down to 26 cents per resident.

Stein agreed that the county could get a lot of bang for the buck.

“I know we can’t do a postcard mailing for that by ourselves,” she said. “And that is really inexpensive and, at the same time, everything is going to be focused towards a rural population, not an urban -- and the unvaccinated zip codes are also really going to be called in on and that information is available through the Finger Lakes Hub.”

She said project is another way “to get our message out … to help us stay healthy and to understand how critical it is that everybody plays a role in getting our health back under control and to help us use the tools that we have this time around with an outbreak.”

Landers said the fee is a one-time cost but is leaving the door open – upon approval by the legislature – to conduct a longer campaign. He said he plans to introduce a resolution that would be voted on at next Wednesday’s legislature meeting.

Genesee County Manager Matt Landers this afternoon urged lawmakers to move swiftly on the financing piece connected to the construction of a new county jail.

Landers, speaking at the County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, said it is important for the governing body to approve a bond resolution in early January – preferably by Jan. 5 or Jan. 6 – in order for him to meet the schedule he has mapped out to solicit construction bids by early March.

“Time is of the essence and to wait until the end of January is going to be difficult with a timeline -- the timeline that we're looking at,” he said.

He outlined several items that need to be done, including approval of the State Environmental Quality Review, drafting bid packages, awarding contracts and preparing for cash outlay until the bond proceeds are received in mid-April. He noted that County Manager Scott German has sent documentation to bond attorneys and expects to have the resolution “in our hands by the fifth of January.”

“If we can pass it then … it takes 60 to 90 days, and we expect it to get closer to the 90 days just because of the pure size (of the bond),” he said.

The county is looking at financing around $70 million via a 30-year bond. Landers estimated that annual payments would be $3 million to $3.5 million.

Landers suggested taking up the matter at the legislature’s 2022 organizational meeting on Jan. 5 but, after discussion, it was decided to conduct a special meeting immediately after the organizational meeting.

In other action, the committee:

• Approved a special counsel agreement with Napoli Shkolnik PLLC for the New York City law firm to represent the county in litigation pertaining to generic drug manufacturers' overcharging of self-insured county employees and dependents for medical care supplies and pharmaceuticals.

Napoli Shkolnik LLC previously worked on behalf of Genesee and other counties on the opioid settlement, and is doing the same in this matter.

County Attorney Kevin Earl said the latest litigation claims that manufacturers have illegally price fixed or violated antitrust laws. He noted that Genesee County will not be responsible to pay anything, unless there is a recovery, and only will have to pay based on the net amount recovered.

• Approved a resolution to contract with Direct Energy Business, LLC, of Iselin, N.J., to supply natural gas to 20 Genesee County accounts at a fixed rate instead of the current variable pricing policy in an effort keep utility costs in check.

The contract, if approved by the full legislature, would run for 16 months, beginning on Jan. 1, 2022. The change is expected to save the various county budgets around $9,000 during that time.

• Approved a memorandum of understanding with Cornell Cooperative Extension for the county to support the agency in the amount of $385,484 for 2022 – an increase of nearly $47,000 from this year – and a contract renewal with Genesee County Economic Development Center to provide $233,513 as its yearly contribution plus an additional $25,000 for workforce training program administration.

Landers pointed out that the increases are for 2022 only and the total amounts are subject to change in 2023.

A nearly $1 million grant may be on its way to Genesee County Public Health to boost “workforce capacity" in the department's battle against COVID-19 and to enhance efforts in other areas, Public Health Director Paul Pettit said Monday afternoon.

Speaking at the Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse, Pettit offered a resolution – which subsequently was approved by the HSC – to accept $980,544 from the New York State Department of Health to recruit, train, deploy and manage the NYS Public Health Corps Fellowship Program.

Touted by former Gov. Andrew Cuomo, the Public Health Corps consists of individuals of all educational levels (“fellows”) that have been accepted to participate in the program designed to “bolster and improve public health workforce capacity,” Pettit said.

The grant will run for two years, through July 31, 2023, he said, with $250,000 of the money allocated in the 2022 budget. The remaining amount will be part of the county’s 2023 budget.

Pettit said he has a list of about 15 people who have applied to join the Public Health Corps.

The HSC also approved a contract with Coastal Staffing of Naples, Fla., to serve as the staffing agency or employer for those selected into the program.

“Genesee County will interview these individuals and if they are hired, then they will go through Coastal Staffing as their employer,” Pettit advised.

In other action related to the health department, the committee gave the go-ahead to accept an $11,000 grant from the National Association of County and City Health Officials for Genesee County to participate in a wastewater surveillance mentorship program. This will run from Jan. 1-July 31, 2022.

Pettit said the money will be used by health department officials to monitor the viral load in municipal wastewater systems throughout the county and to provide guidance and recommendations going forward if necessary.

Both measures will be considered by the full legislature at its Dec. 8 meeting.

COVID-19 LOCAL UPDATE

Reporting on the current COVID-19 picture in Genesee County, Pettit said the average number of cases per day over the last seven days has been steady at around 34, while the percentage of breakthrough cases is at 30-35 – up about 10 percent from what he had been seeing.

As of yesterday, there were 241 active cases – those in isolation – with 28 of those people in the hospital, he said.

Pettit said that 70 percent of Genesee County residents 18 years of age and older have received at least one vaccine shot, with that number decreasing to 59.6 percent when considering the county’s total population. That is much less than the 90 percent of NYS residents 18 and over who have received at least one shot.

He said the county health department is offering the complete spectrum of vaccinations – first shot, booster and doses for children ages 5-11.

“Booster clinics have been very steady,” Pettit said, adding that early studies show that booster shots provide a significant increase in protection from the coronavirus.

As far as testing is concerned, the county is offering testing once a week and has been meeting the demand. Pettit did point out that testing supplies are beginning to dwindle and if the state doesn’t receive the supply it has ordered, then “free” testing could end in a few months.

Rural counties in New York State currently have Gov. Kathy Hochul’s ear concerning the pressing issues of the day, Genesee County Manager Matt Landers said today, and the possibility of vaccine mandates is at the top of the list.

“There is a big consensus among, especially the more rural counties, what we want to communicate to the governor,” Landers said at the Genesee County Legislature meeting at the Old County Courthouse. “And we are pleased that the governor, in a phone call last evening … for county administrators and decision-makers and the governor's office .. is trying to make an effort to at least listen to the viewpoints of counties, which was something that the previous governor wasn’t doing.”

Landers said rural county leaders are “looking for less mandates, less restrictions – not the other way around.”

“We understand that it's going be difficult, but those are some of the takeaways that the county administrators in more rural counties are looking for moving forward, and less of a hammer,” he said.

County officials need more testing resources, he said.

“That's one thing that in order for us to comply with -- or are trying to dig ourselves out; having more testing resources is critical. And we are sorely lacking in a testing resources,”

He also said the state needs to put out more positive messaging, with a focus on help and communicating success stories.

“We’d like to see an endgame laid out,” Landers said. “I know that our schools are asking for this. County administrators are asking for this. What does success look like? We’d like to have an endgame laid out and a greater focus on hospitalizations and less on just straight (COVID-19) positives.”

Legislature Chair Rochelle Stein added that counties are dead set against a possible state mandate “being overlaid onto rural counties.”

“That raised some ire,” she said.

Landers said state officials are looking at New York City’s low positivity rates, which have come as (partially) as a result of vaccine mandates, and could use that model for upstate counties.

“Leaders are pointing to the fact that they have vaccine mandates in place if you want to go to dining establishments and things like that, so that that comparison was provided to us,” he said. “And it's something that if our hospitalization rates don't improve then everything's on the table, even something like that.”

Landers also mentioned the situation in Erie County, which announced today that a mask mandate for all indoor public locations will start Tuesday at 6 a.m.

Rural county administrators think mandates do more harm than good, he said, and Stein agreed, adding that if mandates are required, then New York State should be responsible for enforcement.

“We also asked for the fact that if these mandates came down, that the enforcement is not something that is pushed down onto the county government but it is held at the state level,” she said. “And that's where the responsibility lies. That was very clear in that conversation.”

Landers said the ability to enforce has to be clear as well.

“If left open to local interpretation, it's not going to be effective. The enforcement, the ability, the right, the law, whatever you want to say, (needs to be) clear cut and able to be enforced and the state has to provide resources on the enforcement side.”

Turning to resolutions, as expected, the legislature adopted the county’s 2022 budget – a $158,502,898 All Funds spending plan that keeps the property tax levy the same as the 2021 budget.

The 2022 General Fund (operating) budget is set at $119,394,176, about $9.1 million more than the 2021 budget.

By keeping the same tax levy, the property tax rate falls from $9.80 to $9.18 per $1,000 of assessed valuation. This was accomplished by using an additional $680,000 in unexpended reserves than originally proposed.

In other action, the legislature approved:

• Revision of Local Law Introductory No. 6, which changes the Genesee County Hotel and Motel Occupancy Tax Law to include Airbnb-type short-term lodging sites.

Landers commended County Attorney Kevin Earl for his efforts to close any “loopholes: and to “clean up” the wording of the law, which was supported by the Genesee County Chamber of Commerce. Key revisions reduced the number of units from six to one and stipulate that the property would have to be rented out for more than 14 days in a year.

Short-term sites such as Airbnb now will be subject to the 3 percent “bed tax” that is added on to hotel/motel bills.

• Funding five capital improvement projects as Genesee Community College – four next year and one in 2023 – at a maximum cost of $1.7 million as long as New York State commits the same amount.

• Holding a public hearing on Dec. 8 to consider a local law to set the salaries of the following county elected or appointed fixed term employees: Commission of Elections, Director of Human Resources, Commissioner of Social Services, Director of Real Property Tax Services, County Clerk, Treasurer, Sheriff, and Highway Superintendent.

• Reappointing Molly Haungs, marketing manager of LandPro Equipment, to a two-year term on the GLOW Workforce Development Board and James Kingston of Elba to a two-year term to the Genesee County Soil & Water Conservation District board of directors.

While deeming all five of the capital improvement projects proposed by Genesee Community College President Dr. James Sunser as “necessary,” members of the Genesee County Legislature’s Ways & Means Committee this afternoon decided to partially fund four of them next year – as long as New York State lives up to its end of the bargain.

The committee, after hearing of the county’s plan of action from County Manager Matt Landers, voted in favor of spending up to $1.7 million, which equals half of the cost of the following projects:

• Replacement of the soccer/lacrosse turf on the field adjacent to the Richard C. Call Arena (Total cost $950,000).
• Replacement of the cooling tower (Total cost $410,000).
• Renovation of a connective corridor (Total cost $180,000).
• Complete roof replacement on the Technology Building (Total cost $1,060,000).
• Replacement of the Conable Technology Building parking lot (Total cost $800,000).

The resolution passed at a meeting at the Old County Courthouse today is subject to final approval by the full legislature. It reiterates what Sunser communicated to the committee on Nov. 3 – that New York State would contribute 50 percent of the funding as long as Genesee County did the same.

Landers said the county will appropriate money for the first four projects listed above in 2022 and hold off on the Technology Building parking lot until 2023.

“If the state says no, then we’re back to the drawing board,” Landers said. “These are necessary projects, but we’re not on the hook if there is no state support.”

In other action, the committee:

• Approved using an additional $680,000 from unexpended reserves to keep the 2022 budget tax levy the same as it was in 2021 -- $31,451,727.

This action, reported first on The Batavian last week, drops the property tax rate to $9.18, which is less than the $9.37 that was proposed in the preliminary budget. The 2021 tax rate was $9.80.

The full legislature is expected to vote on the budget at its meeting next Monday.

Legislature Chair Rochelle Stein commended management, staff and her colleagues for conducting a budgetary process that was “clear, direct, concise and responsive to the questions asked by the community” and for not raising the tax levy.

• Scheduled a public hearing for 5:30 p.m. Dec. 8 at the Old County Courthouse to consider Local Law Introductory No. 7, Year 2021, that puts the salaries of county elected or appointed fixed term employees at the following levels:

-- Commission of Elections (Richard Siebert and Lorie Longhany), $51,055.
-- Director of Human Resources (Anita Cleveland), $93,341.
-- Commissioner of Social Services (David Rumsey), $93,993.
-- Director of Real Property Tax Services (Kevin Andrews), $5,000.
-- County Clerk (Michael Cianfrini), $100,749.
-- Treasurer (Scott German), $107,966.
-- Sheriff (William Sheron), $110,243.
-- Highway Superintendent (Tim Hens), $124,626.

• Approved monthly premium rates, effective Jan. 1, 2022, of the county’s Self-Funded Health Benefits Plan to reflect an across-the-board 4.5 percent increase over the 2021 rates.

The county offers Partnership Plus and Traditional Plans (for some Genesee Community College employees), and Health and Wellness Plans (for all county employees) with rates ranging from $727 a month for single plans, to $2,844 a month for family (three or more) plans.

County employees also have access to dental and vision benefits.

On average, the county pays 87 percent of the premium and the employees pay 13 percent, Landers said.

• Reappointed Molly Haungs, marketing manager of LandPro Equipment, to a two-year term on the GLOW Workforce Development Board and James Kingston of Elba to a two-year term to the Genesee County Soil & Water Conservation District board of directors.

Previously: Genesee Community College president asks county for up to $1.7 million to help fund five infrastructure projects

The Genesee County Legislature, during its final budget session on Wednesday at the Old County Courthouse, reached into their “unexpended fund balance” pocket to keep the property tax levy for the 2022 fiscal year at the same level as this year.

Lawmakers have tentatively agreed to add $678,519 to the $1,396,675 in reserves initially proposed by County Manager Matt Landers – action that will keep the tax levy at $31,451,727 and, more importantly, drop the property tax rate from the proposed $9.37 to $9.18.

The $9.18 rate represents a 6.3 percent decrease from the 2021 property tax rate of $9.80.

These changes in the spending plan will be considered by the legislature’s Ways & Means Committee next Wednesday and, upon approval, by the full legislature for a binding vote on Nov. 22.

Legislature Chair Rochelle Stein today said she was happy to report that her colleagues capitalized on the opportunity to keep the levy at the same rate “and still be able to fund the initiatives and the mandates that we have in front of us.”

“It's most important that we are able to do that by sharing most fairly across all of our constituencies and municipalities … and to be able to fund our operations and not take one penny more than we need from the taxpaying public.”

The lower tax rate will lessen the burden to varying degrees of property owners, many of whom saw their assessments go up over the past several months. For the median residential household in Genesee County assessed at $122,935 that did not have an assessment change from 2021, this will result in an annual net tax decrease of $76.22.

Stein said legislators have much to confront in terms of necessary and mandated projects, such as funding the new county jail, the Countywide Water Project and infrastructure.

“So, being able to do that really represents good hard thought of what we have to tackle in the future, especially funding the new positions at the county jail according to the (New York State) Commission of Correction, and also getting some of our departments right-sized,” she said.

The county also is continuing to commit $1 million from sales tax earnings to repair and maintain roads, bridges and culverts.

“Doing those types of investments in our infrastructure are just critical to making sure that we stay ahead of those big ticket items,” she said.

Landers said he supports the legislature’s decision, noting that about $2.5 million from the unexpended fund balance was used in the 2021 budget.

“As requested, I presented legislators with different scenarios and they honed in on the scenario of keeping the levy flat from last year,” Landers said. “There'll be no levy increase whatsoever, so it definitely was a good conversation.”

He said the legislature, which consistently has voted against overriding the New York State tax cap of around 2 percent, will have a bit more flexibility next year.

“We will have the ability to grow it (the cap) by an extra $480,000 because we didn’t take any of the allowable levy this year. That gives us time to see, between now and 12 months later, after getting more information about the water project and jail construction,” he said.

Landers said management and the legislature are at the mercy of the Commission of Correction, which has final say over the number of employees needed at the new jail on West Main Street Road (which is scheduled for the start of construction next spring).

“One of the biggest factors that is causing pause of our legislature in terms of concern is the CoC’s ability to dictate how many posts are in this new jail,” Landers said, explaining that each “post” represents about five positions. “Even with the jail designed -- even with virtual reality goggles so that an official can walk through the jail virtually and see where everything is -- the CoC won't make a determination on the posts until they physically walk into the jail.”

CoC officials could determine that more posts are required than have been budgeted for, Landers said, and each post would add $500,000 to the annual operating costs of the jail.

The county’s All Funds budget for 2022 totals $158,502,898, which is $15,298,219 more than the 2021 adopted All Funds budget.   The 2022 recommended General Fund (operating) budget is $119,394,176, which is $9,118,039 more than the 2021 adopted General Fund budget. 

Stein credited every legislator for making his or her voice heard in this process.

“It’s been really terrific working with nine independently-thinking people and coming to this same place in our budget and the consideration and a consensus,” she said. “So, I'm very proud to lead this group.”

Vaccine mandates are one thing; testing requirements are another.

Concerning the latter, Genesee County Manager Matt Landers is advising Genesee County legislators to be prepared to make a decision on how to govern the COVID-19 testing mandate that he believes is coming to municipal employees.

“With recently, the stop-start, stop-start 100-employee mandate out there for testing purposes, I have been meaning to reach out and give an update,” Landers said during today’s legislature meeting at the Old County Courthouse.

Landers said he is operating “under the impression” that there will be a testing requirement for all unvaccinated county employees only, with the big question being who will pay for the testing – the county or the individual employees?

“We are developing procedures to gather that data in a more formal manner. We already have a good handle on that number because our own policy internally has been if you wanted to have your mask off, you had to show proof of vaccination.”

He said more “rigorous steps” are on their way, including the need to have vaccination data available for inspection.

“We’re going through that process right now with HR (Human Resources) and implementing a recommendation in the internal side. This is going to be coming before the legislature for consideration on a policy on how we want to handle this because there's a lot of questions out there,” Landers said.

The county manager said some counties are covering testing and some aren’t. He said he will ask the HR manager’s office and public health department to draft some “solid recommendations” on the implementation before getting back to the legislature.

“I can see the arguments going both ways of us providing the testing, and also us not – and there’s good arguments on both sides,” he said in his comments to lawmakers. “So, be ready for that discussion coming up in a few days.”

In other developments, the legislature passed the following resolutions:

• Scheduling of a public hearing for 5:30 p.m. Nov. 22 at the Old County Courthouse for citizen input on legislators’ desire to replace the county’s hotel and motel occupancy tax law to include short-term residential lodging sites. The measure had been recommended for approval last week by the legislature’s Ways & Means Committee.

The principal changes reduce the current number of units being rented at a location from six to one and set the number of days at 14 or more over the course of a year.  These revisions would align properties under the auspices of booking companies such as Airbnb and VRBO with hotels and motels and make them subject to the 3 percent occupancy or bed tax.

The new law takes effect on Jan. 1, 2022 and runs through Dec. 31, 2024.

• An agreement with the City of Batavia to apply for a grant through the Water Infrastructure Investment Act for necessary renovations and repairs at the city’s Water Treatment Plant. The Batavia City Council passed its resolution on Monday night. The WIIA Act grant provides up to 40 percent of capital project costs. The WTP projects are estimated to cost around $3.4 million.

• Appointment of Chad Brade of Oakfield to fill an unexpired term as county coroner until Dec. 31, 2022, and Chandy Kemp to the board of directors of the Genesee County Economic Development Center.

• Acceptance of a $176,662.14 grant from the New York State Department of Health for the Genesee County Health Department to promote and increase COVID-19 and other vaccine initiatives, and funding for COVID-19 vaccination clinic operation costs.

A public hearing regarding Local Law Introductory No. 6, which modifies the Genesee County Hotel and Motel Occupancy Tax Law to include Airbnb-type short-term lodging sites, has been scheduled for 5:30 p.m. Nov. 22 at the Old County Courthouse in Batavia.

The Genesee County Legislature’s Ways & Means Committee on Wednesday voted to set the public hearing as required by Municipal Home Rule Law while approving a resolution to replace the occupancy (or bed tax) law that initially was adopted as Local Law No. 2, Year 1995, and has been amended several times since then.

The current version is set to expire on Dec. 31 of this year.

County Attorney Kevin Earl said the primary changes focus on the number of units and the number of days in which properties are rented. The proposed amendments have been discussed at length by legislators and officials of the Genesee County Chamber of Commerce in recent months, 

“Our current law only applies to six or more units," Earl said. "So, we eliminated that threshold to apply to single units. In other words, if somebody rented out their house, it would apply now. But they would have to do it for overnight accommodations and rent it out for more than 14 days in a year.”

Earl said the 14-day provision was put into the wording to exempt a homeowner who may rent his or her house occasionally, such as for a couple days or a week.

The restated law also includes a definition for booking companies, Earl said, notably Airbnb, Flipkey, Home Away, VRBO and Relators. The new law, if approved by the full legislature next week, would take effect on Jan. 1, 2022 and run through Dec. 31, 2024.

The revision certainly will increase the county’s bed tax income as these short-term, home-based properties would be subject to the 3 percent fee that already is added on to hotel/motel bills.

Exemptions to the fee include permanent residents for a period of occupancy in excess of 30 days; persons placed in a hotel or motel by the Department of Social Services, the Red Cross, Salvation Army or other similar organizations due to emergency housing needs; housing for indigent or homeless persons; or exempt organizations.

Earl told legislators that a formal agreement between the county and Airbnb is in the works as the revised law will result in greater responsibility of those renting out homes or similar facilities.

In a related development, the committee approved a resolution brought forth by Kevin Andrews, deputy county treasurer, to use up to $2,250 from the bed tax reserve to fund an audit on the amount of money generated in occupancy tax from local hotels. The Freed Maxick accounting firm has been selected to perform the audit.

Andrews said that, to his knowledge, an audit of this type has not been done before, and that the treasurer’s office will be providing records from three hotels in the county for the audit.

In other action, the Ways & Means Committee approved the following resolutions:

• An intermunicipal agreement between the county and City of Batavia to the Water Infrastructure Investment Act, which provides up to 40 percent of capital project costs in grants since it is the county’s responsibility to fund and provide for capital improvements at the City Water Treatment Plant.

County Engineer Tim Hens said the total cost of several planned projects at the plant are expected to be around $3.4 million, adding that the improvements are necessary to maintain production as the Countywide Water Project moves into Phase 3. He said the City of Batavia will act as the lead agency in the grant application process.

• Acquisition by the county of an easement of a parcel of land on the west side of the South Lyon Street bridge in the city in order to keep the replacement of the bridge on schedule. The bridge, which was constructed in 1910, is closed now and due to be replaced in 2022.

Hens said the county previously acquired properties at the four corners of the bridges, and the only easement remaining was an area “through the (Tonawanda) creek bed, along the west side of the bridge.”

He also said that, according to land records, no individual owns the parcel in question.

“So, you’re essentially acquiring an easement from an unknown entity or not an entity at all,” he said. “It’s a very hard thing to describe.”

After discussions with New York State officials, Hens said acquiring the easement – equating it to using eminent domain on an unknown owner -- would be the fastest way to put the county in position to replace the bridge.  

• The appointment of Chad Brade of Oakfield to fill an unexpired term as county coroner until Dec. 31, 2022.

• The appointment of Chandy Kemp to the Genesee County Economic Development Center board of directors through June 30, 2024, replacing Amy Vanderhoof, who resigned on Sept. 28.

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

Categorizing five potential projects as “long-standing critical needs,” Genesee Community College President Dr. James Sunser today requested that Genesee County enter into a 50-50 agreement with New York State to fund up to $3.4 million that would be required to complete all of the work.

Speaking at the County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, Sunser outlined five projects that he said are part of the college’s Facilities Master Plan approved by the GCC Board of Trustees, and submitted to the Genesee County and to the Dormitory Authority of New York State.

“They’re all under that plan that would allow for 50 percent funding from the state should our local sponsor, Genesee County, approve those plans and commit a similar amount,” he said, adding that the five plans fall into the college’s “deferred maintenance type of issues.”

Under the college’s proposal, the county and the state each would contribute $1.7 million upon completion of all five projects.

Sunser said these projects aren’t new construction, but items that “we have long-standing need for that we’re looking to work on.”

Specifically, the five initiatives proposed are as follows (with the county, if approved, paying for half of the total cost listed):

-- Replacement of the soccer/lacrosse turf on the field adjacent to the Richard C. Call Arena (Total cost $950,000).

Sunser said the field was part of a previous capital project sponsored by Genesee County.

“What we're talking about replacing is not the facility itself, not the underpinnings of it, not the lighting and the electrical, it's merely the covering -- the surface of the field that is now going on 13 years old and had the expected lifecycle of about 10 years,” he said.

He noted that the field will be used for a women’s national soccer tournament starting next Wednesday – an event that will include the GCC squad.

-- Replacement of the cooling tower (Total cost $410,000).

Sunser said the cooling tower handles the cooling for all of the college’s original buildings -- through the original buildings and into the Conable Technology Center.

“That cooling tower is well past its useful life … and that does need replacing at this point. And we're asking for some assistance in doing that,” he said.

-- Renovation of a connective corridor (Total cost $180,000).

Sunser said the corridor connects the original buildings from the cafeteria areas into the fine arts building and theater, adding that he believes the initial design was “flawed.”

“And it's been a long-standing issue where the entrance on both sides of that connecting corridor is below the building levels,” he said, causing water backup and icing in that area. “That’s been one of the areas that we find that we have slip and falls periodically throughout the winter.”

-- Replacement of the Conable Technology Building parking lot (Total cost $800,000).

“That’s our oldest lot now on campus, and it also has an area that is prone to some icing and some issues, and another area we have documented claims against the college for slip and falls,” Sunser said. “The drainage is much like what was in the drainage and the other lots before we've made those improvements during the last major capital plan on campus.”

That particular lot measures 95,000 square feet and is approximately 17 years old.

-- Complete roof replacement on the Technology Building (Total cost $1,060,000).

The structure was built in 2000 and the 26,000-square foot roof has been developing leaks due to end of life failures in stress points, according to the project justification report.

When looking at the big picture, Sunser said if the projects are approved by Genesee County, they can be submitted to the state in the current budget cycle.

“It has been indicated from SUNY (State University of New York) that there would be receptivity to those at this point,” he said. “If they’re approved, then we can work along with the county and the legislature in the future to determine when they'll actually be handled as far as the work being done.”

When asked about the impact to the county’s 2022 budget, Sunser said, “I would imagine that traditionally the counties when they've gone up for bonding on projects, that this would get incorporated into that plan as well.”

Legislator Gary Maha brought up that the county has already committed to spending $70 million for a new jail and that another nearly $2 million is “kind of hard to swallow in one year.”

Sunser said he could “appreciate” that, adding that GCC leaders are “working as hard as we can to take as much pressure off the county as we can – in terms of critical maintenance.”

“These are all long-standing critical needs as far as the infrastructure of the campus. And one of the things that we've been really focused on over the past year is that everywhere we've had the ability to use appropriately (specialized) funds to reinvest in the facilities of the campus, we’ve done that.”

However, he said he viewed the projects as investing in a county partnership facility that you can, I hope, rest assured that the college has been investing in -- in good faith right along -- to try to make sure that we don't have these kind of going back to the old Fram oil filter and pennywise, pound foolish type of mentality. And we've done quite a bit over the course of the summer -- investment in the facility wherever we could to take pressure off the county and not have to make these kind of requests.”

At that point, Legislature Chair Rochelle Stein said lawmakers were not prepared to make a decision today, but would discuss it further.

“We do have your numbers,” she said. “We appreciate the fact that you're here, and if you have any other questions, we will get them (answers) to you.”

This summer, the legislature approved a $2.6 million contribution to GCC for 2021-22 -- an amount that represents about 7 percent of the college's $37.4 million budget. County Manager Matt Landers said that percentage is one of the lowest in the state for counties that support community colleges.