County Legislature

The economic impact of the COVID-19 pandemic is wreaking havoc at all levels of government, producing a degree of uncertainty that has municipal leaders frozen in their tracks.

If that’s not enough, tack on a proposal by Gov. Andrew Cuomo to shift funding of hospitals and nursing homes to the counties – a potential move that, according to Genesee County Manager Jay Gsell, would devastate the county budget.

“If the state gets to go down this road, we could be in a world of hurt that we haven’t seen from the days when we owned the (Genesee County) nursing home and were financing deficits,” Gsell said during this afternoon’s County Legislature Ways & Means Committee meeting, which was live-streamed by Zoom on YouTube.

Calling it a “switcheroo that the governor has pulled,” Gsell reported to the committee that mandating county funding of “distressed hospitals and nursing homes” could be a way New York State generates more revenue – by taking more of counties’ sales tax – without having to increase the burden on counties already obligated to fund Medicaid.

“I’m not really sure where this came from,” said Gsell, adding that Genesee County is on board with the New York State Association of Counties’ plea to state lawmakers to reject proposals that would undo local Medicaid caps and result in higher property taxes for struggling homeowners or cuts to vital local services.

Gsell said it is essential that state legislators accept the $6.7 billion in new federal healthcare funding included in the first stimulus package – action intended to help states and local governments through this public health crisis.

He said the governor's proposal is a “backdoor way” of putting New York counties in a $250 million hole while attempting to plug a state budget gap that could reach $15 billion due to the coronavirus outbreak.

“To involve us in two fiscal entities and, obviously, vital services that we have no control over, no veto or anything else – and we haven’t seen any of the details – is both scary as well as quite off the beaten path,” Gsell said.

The county manager acknowledged that things will be much clearer after the 2020-21 state budget is passed (it could happen at midnight tonight), but he and the county legislature still are taking an ultra-conservative approach when it comes to spending.

He said the county’s current budget calls for approximately $864,000 in outside agency funding, (not including Genesee Community College) for tourism promotion, Cornell Cooperative Extension, Genesee County Economic Development Center, public libraries, Holland Land Office Museum, GO ART! and Finger Lakes Regional Planning.

County Treasurer Scott German reported that the sales tax reserve stands at $1.1 million, and that money from the infrastructure reserve that was earmarked for the new county jail now has been put on hold.

Gsell confirmed that the county will revisit the jail project in the spring of 2021, noting that – due to the effect that the state’s bail reform law has had on jail population -- the plan to build a four-pod jail could be reduced to three pods. He also said they will be looking at the possibility of a shared-services arrangement with Orleans County.

The Ways & Means Committee also put the brakes on, at least temporarily, a $125,000 project to construct a building to house fuel trucks, mowing and facilities equipment and a grader at the Genesee County Airport.

Highway Superintendent Tim Hens said that the new building – which would replace a 70-year-old pole barn that is in “rough shape” – is necessary because wind and cold weather were causing the trucks’ fuel lines to freeze.

The project had been previously approved by the Public Service Committee and went out to bid, Hens said, adding that Thompson Builds came in as the low bidder at $109,000. That price was to build the frame and shell; county employees will be used to put down the concrete floor and do the electrical work.

Hens said he hoped the project would continue, but in light of the county’s fiscal situation, offered a second option: storing the fuel vehicles in a bay or two of new hangars that are set to be built this summer with money from a state grant.

In an effort to rein in expenses, Hens said he already has cut $600,000 from the 2020 budget by pulling back on capital projects and has deferred another $800,000 in projects scheduled for 2021.

Legislator Gary Maha said he thinks the building is needed, “but I don’t think it’s the right time to spend that kind of money.”

“We don’t know where we’re going to be when this whole thing is said and done,” he said. “We put a stop on the jail. The jail is needed, but we put a stop on that. And I think we need to put a stop on all capital projects until we know where we are budget-wise.”

Legislators Andrew Young and Rochelle Stein agreed, prompting Ways & Means Chair Marianne Clattenburg to request more information about construction costs and referring the project back to the Public Service Committee.

Open letter from Legislature Chair Shelly Stein:

Dear Friends,

This is an unsettling time for our country and our community, as we are in a public health emergency due to the spread of the novel coronavirus (COVID-19). Your elected leaders, public health and emergency management officials are working around the clock to slow the spread of the virus and provide care to those who need it.

It is important to remember that we need to be prepared, not scared. Heed the advice of public health experts who agree that the most effective way to “flatten the curve,” or slow the spread of the virus, is to practice social distancing.

Below is some helpful information regarding COVID-19:

How can you be infected?

• Coronavirus can spread from person to person through respiratory droplets produced when an infected person coughs or sneezes. Because these droplets can travel up to six feet, public health experts advise maintaining six feet of distance from others.
• The virus can also remain on a surface or object and enter the body through the mouth, nose, or eyes. This is why it is important to wash your hands before touching your face.

How long does it take to show symptoms after being infected?

• It takes 2 to 14 days to develop symptoms after exposure to the virus. The average is about five days.

What are the symptoms?

• Fever
• Dry cough
• Shortness of breath

When should you seek testing?

• If you are exhibiting symptoms;
• If you have been in close contact with someone who has tested positive for the coronavirus;
• If you have recently traveled to one of the high-risk countries.

Except in the case of an emergency, please call your healthcare provider before seeking treatment in person.

While it is normal to feel anxious, there are ways to take control of the situation and be prepared. We urge you to take the following precautions to keep yourself and our community safe.

• Wash your hands often and for at least 20 seconds.
• Avoid touching your eyes, nose, and mouth.
• Avoid physical contact like handshakes and hugs.
• Stay home if you feel sick.
• Avoid large crowds.
• Abstain from unnecessary travel.

What is the difference between “Safer at Home” and “Social Distancing”?

Safer at home is a stricter form of social distancing. There are some differences. Safer at home means:

• Stay home (stay unexposed and do not expose others);
• Only go out for essential services;
• Stay six feet or more away from others;
• Don’t gather in groups.

It is important during this national emergency that we unite as a community, follow the advice of experts, and take responsibility for our actions to #SlowTheSpread of coronavirus.

For more information, visit coronavirus.health.ny.gov or call the NYS Novel Coronavirus Hotline at 1-888-364-3065.

Sincerely,

Rochelle M. Stein, Chair 
Genesee County Legislature                                         

On Behalf of the Genesee County Legislature

• Marianne Clattenburg, Vice Chair, City of Batavia, Wards 2 & 3
• Andrew Young, 2nd Vice Chair, Towns of Batavia & Stafford
• John Hilchey, Towns of Alabama & Oakfield
• Christian Yunker, Towns of Elba, Bergen, Byron
• Gordon Dibble, Towns of Darien, Pembroke
• Gregg Torrey, Towns of Alexander, Bethany, Pavilion
• John Deleo, City of Batavia, Wards 1 & 6
• Gary T. Maha, City of Batavia, Wards 4 & 5

The Genesee County Legislature held its organizational meeting Wednesday evening and Shelly Stein was sworn in as the new chairwoman.

Christian Yunker was sworn in as the newest member of the legislature.

Top photo: Legislator Andrew Young places the nameplate for Shelly Stein in front of the chair's seat in the Old Courthouse, where the full Legislature meets.

Marianne Clattenburg being sworn in as vice-chair.

Andrew Young taking the oath of office as second vice-chair.

Genesee County Legislature and Staff 2020: Front row, Andrew Young, Shelly Stein, Marianne Clattenburg; Back row, Pam LaGrou, clerk, Matt Landers, assistant county manager, John Hilchey, Christian Yunker, Gordon Dibble, Gregg Torrey, John Deleo, Gary Maha, and Jay Gsell, county manager.

The Genesee County Legislature adopted a local law Thursday that set the salaries for seven officer positions for 2020.

Following a public hearing that drew no comments, legislators voted in favor of Local Law No. 3, 2019, establishing salaries for the following jobs, which are filled by election or appointment for a fixed term:

-- Commissioner of Elections (Lori Longhany and Richard Siebert), $49,037;

-- Highway Superintendent (Tim Hens), $113,421;

-- Director of Real Property Tax Services (Kevin Andrews), $65,410;

-- Director of Human Resources (Anita Cleveland), $78,676;

-- Sheriff (William Sheron), $106,518;

-- Treasurer (Scott German), $99,393;

-- Commissioner of Social Services (David Rumsey), $87,999.

The local law takes effect on Jan. 1.

Genesee County Legislature Chairman Robert Bausch, right, shares a laugh with Genesee County Jail Superintendent Bill Zipfel at this afternoon's reception in Bausch's honor at the Old Courthouse. Bausch is stepping down after 10 years as a legislator, including the past two as the board chair.\

The District 2 (Bergen, Byron, Elba) representative also has chaired the Ways & Means Committee for the past six years. He said that getting the new county jail project financing in place is one of the legislature's major accomplishments.

Bausch cuts the cake made in his honor as county employees, legislators and friends look on. He thanked the 18 men and women that have served on the legislature and his family for their support during his time in office.

He also said that the selling of the former county nursing home was "a personal plus and minus because in my case, my father was very instrumental in building the nursing home, but issues had to be addressed."

Vicky Muckle, left, executive assistant to County Manager Jay Gsell, and Pam LaGrou, Genesee County Legislature clerk, present Bausch with the Top COW Award. COW stands for Committee of the Whole and Bausch was recognized for calling 24 of those special meetings during his tenure as chairman -- 12 in 2018 and 12 this year.

Bausch also received a framed print of County Building I and the Old Courthouse from Don Read, former county clerk. Today's legislature meeting was his last, which means that he and his wife, Jan, will have more time to visit his five children and nine grandchildren (with another on the way) in Buffalo, Mendon, the Silicon Valley (California) and Philadelphia.

Photos by Mike Pettinella.

Colin McAllister is a candidate for County Legislature, District 8. His opponent is Marianne Clattenburg.

If elected, what will you recommend to your fellow legislators for county priorities over the next five years?
While I look forward to working with fellow legislators to address the routine needs of the county, a major priority would be getting the county out of corporate welfare. Taking wealth from businesses and individuals to fuel the projects of the few is not morally right. I would also like to focus on challenging NYS mandates and their overreach into county affairs. Legal challenges are one avenue to actively resist the state’s control of our county budget and dictating how our elected government can operate. Together with the citizens of Genesee county and local governments in the region, I hope to come up with solutions to get power back to the local level.

What can or should the County government do to help foster business growth in Genesee County?
We need to work on getting the best tax rates for everybody year in year out, with no hoops to jump through. The county should focus on existing infrastructure needs and not projects we hope will happen. Mainly, the county should get out of the way for business wherever possible. I have faith that the business leaders in this county will excel with less government involvement.  

Should the County build a new jail?
The consensus seems to be that we need a new jail to come into compliance with current regulations and, without more in-depth knowledge, I cannot refute that. Given bail reforms’ impact, the previous estimates need to be reevaluated with a fresh perspective. The focus of jail discussion needs to be a realistic look at the county’s needs and coming into compliance with state regulations, not potential revenue from housing overflow from other sources.

Are you satisfied with the way the County has been run for the past decade or so?
To a large extent, I think the Legislature has done its very best for the residents and businesses in Genesee County. The county could stand up to state mandates and overreach in some more substantial ways. As a county, we have been too absorbed in the race to beg a business to come to us when we should actually make an environment that all businesses and residents can prosper in. 

What book first published in English since the Enlightenment has influenced your outlook on life the most?
That is a hard question. At this moment running as a third-party candidate, I would have to go with Fear and Loathing: On the Campaign Trail ’72. With as much absurdity and excess as Hunter S. Thompson’s writing contains, it managed to challenge my thoughts on the two-party political paradigm and my understanding of politics in general. His writings provide insight into Nixon that I have yet to find elsewhere. To cover such a complicated time involving such complex people in an insightful way is impressive. Mainly, I have found in his writings, and in life, that conventional wisdom is worth challenging especially if you want meaningful change.

Marianne Clattenburg is a candidate for County Legislature in District 8. Her opponent is Colin McAllister.

If elected, what will you recommend to your fellow legislators for county priorities over the next five years?
First and foremost the main priority will remain the same, to serve the citizens of Genesee County by providing them with the services that are important to them. The second priority will be to provide those services while maintaining the fiscal stability of the county. Part of those services will be to address the growing need in the county for an increased supply of clean water. Another priority is the safety of our citizens. This includes investments in law enforcement and the construction of a new county jail. This construction has been mandated by the state, but must be implemented with the taxpayer in mind.

What can or should the County government do to help foster business growth in Genesee County?
The County has a responsibility to provide the foundational needs that businesses require to expand their existing operations and to attract new investment in the county. The primary reason to foster business is to provide for employment opportunities for our citizens and to expand our tax base. Foundational needs include investment in public works projects. It also means investing in the education and training of our workforce. Whenever possible this is done through private/public partnerships coordinated by the county’s economic development agency. Through this agency, new and existing large companies and small businesses can apply for assistance in reaching their goals of expanding their businesses and job opportunities in Genesee County.

Should the County build a new jail?
The current building that houses our jail is over 100 years old and does not meet the Department of Corrections' operational standards. It also does not allow for the housing of female inmates. The state commission has notified Genesee County that we must bring our jail up to state standards. Due to the age and structure of our existing jail, it was determined that investing in our current jail was not an option. With pressure from the state, we began to look at the options for building a new jail. The members of the legislature spent time touring existing jails to see what size and configuration would work for Genesee County. The process we are currently undergoing is determining the size of our new jail and the operational costs that will be associated with it. We are also very concerned with the financing requirements associated with a major project such as this. All the work done thus far can be found on the county’s website. I will be seeking public input on this decision and I look forward to hearing the views of my constituents. We need to build a new county jail that meets the requirements of the state, but we should build a jail that is financially acceptable to the taxpayer.

Are you satisfied with the way the County has been run for the past decade or so?
The employees who are responsible for the day to day operations of our county work extremely hard to serve our citizens. We have been fortunate to have our County Manager, Jay Gsell leading this effort. Jay and all our employees have given us a county that we can be proud of. From our senior center, veteran’s service office, public works, county parks, youth services, health, and human service providers, law enforcement and emergency services as well as our county clerk’s office, these departments exist to serve the taxpayer. The legislature has worked with our manager and his staff to implement policies that provide for the safety and well-being of our citizens. We have had our challenges and sometimes disagreements. It is challenging at times to satisfy all the required state mandates, but still maintain the service level that our county citizens expect. I believe the county has done a good job during the past decade meeting these needs.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
As a Christian, the book that has influenced my life the most do not meet the language or timeframe requirement of your question. A book that I did enjoy and was thought-provoking was “The Five People You Meet in Heaven,” by Mitch Albom. It explores the idea that our lives are connected to the lives of others in ways that we may not know. For those who have not read it, I strongly recommend it!

Submitted photo and information from the Retired Public Employees Association:

Gordon Dibble of the Genesee County Legislature commemorated the 50th Anniversary of the Retired Public Employees Association (RPEA) this week.

Dibble presented a 50th Anniversary Proclamation to Genesee Valley Chapter Chair Jan Beutner (photo, middle) and Chapter Member Susette Langston (at right).

RPEA is celebrating 50 years as the only organization in New York State whose sole purpose is to advocate on behalf of state and local government retirees and their beneficiaries.

Notice of Three Public Hearings

(1) Genesee County shall conduct a public hearing on fair housing practices and to identify any concerns and issues with fair housing practices in Genesee County. The public hearing will be held at the Old Courthouse, 7 Main St., Batavia, at 5:30 p.m., April 10. All persons who wish to speak will be heard. Written comments will be accepted upon delivery to: Clerk, Genesee County Legislature, 7 Main St., Batavia, NY 14020 prior to the hearing. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

(2) There has been introduced before the Legislature of the County of Genesee, a Local Law Introductory No. Two, Year 2019, which regulates the transfer of secondhand articles. The Genesee County Legislature will conduct a Public Hearing on the proposed law at the Old Courthouse, 7 Main St., Batavia, at 5:30 p.m. on April 10. All interested persons will be heard.

(3) A public hearing will be held at 4:30 p.m. on April 11 at the Old Courthouse, 7 Main St., Batavia, to discuss the implementation of the HP Hood LLC Project that received Community Development Block funding from the New York State Office of Community Renewal (Project No. 444ED893-17). The purpose of the hearing is to obtain citizen views regarding any aspect of the project’s implementation including, but not limited to any construction, financing, and employment opportunities resulting from the project. The hearing facilities are handicapped accessible. Written comments are invited and will be accepted upon delivery to the courthouse address above. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

A letter sent today from Genesee County Legislature Chair Robert Bausch:

The State Budget currently being negotiated by state lawmakers is a double negative for local taxpayers.

On the one hand, it includes the Internet Fairness Act, which will require New Yorkers to pay sales taxes on more of their online purchases. At the same time, it takes the local share of those tax revenues and devotes it to funding programs that were cut in the state budget.

Specifically, the budget proposal creates a new mandate for county property taxpayers to backfill $60 million in state funding cuts to nearly 1,300 towns and villages. It also uses local tax dollars for other state initiatives such as early voting, bail reform, and a new lead monitoring program.

These new mandates are on top of the 9 state mandates that already consume more than $12 billion in local revenues from counties and NYC each and every year. That’s $1 billion a month in local tax dollars that was never invested in the local economies, infrastructure, services, and programs. These were local tax dollars taken by state leaders and spent the way that they see fit.

In Genesee County, we spend $28.7 million on state mandated programs and services, which consumes 98 percent of the property taxes we collected last year.

We urge Legislative Leaders and the Governor to demonstrate their commitment to all of our communities by rejecting the new unfunded state mandates proposed in this state budget.

When Bob Bausch joined the County Legislature in 2010 he said he was making at least a four-year commitment to serve. Nine years later, at age 75 and with a new four-year term looming, he thinks it's time to step aside.

Bausch announced today that he's not going to seek reelection this year.

"When I was pushing for the four-year terms, I knew that at 75 I shouldn't run for a four-year term," Bausch said. "I'm in good health but I'm 75. There's no denying it."

Bausch editorialized and lobbied in support of staggered four-year terms for the county legislative members, replacing a system that had all nine members up for election every two years. County voters approved the reform in November.

Before joining the Legislature, he served as a Village of Bergen trustee for eight years and for 10 years before that, he was on Bergen's Zoning Appeals Board.

He became chairman of the County Legislature in 2017.

Once his term is up at the end of this year, after 27 years in either elected or appointed office, Bausch said he will have plenty to do to keep himself busy. He will continue to serve on the boards of community groups. He also has family spread across the country from Philadelphia to San Jose, Calif., and so will travel occasionally to see them.

"There are still things I would like to get done but I should step aside," Bausch said.

Photo: File photo.

The owner of the Pawn King store at 4150 Veterans Memorial Drive in Batavia says he would support a proposed county law designed to limit criminal activity as long as it doesn’t handcuff his efforts to maximize sales.

“As far as a local law is concerned, I really don’t have a problem with a licensing fee – which I believe is a money grab for towns – but the thing that I find to be constitutionally inappropriate is that a township can dictate the number of specific items we could buy (from one person) in a calendar year,” said Christopher Fernandez of Syracuse.

Fernandez and his wife own 10 Pawn King shops – five in the Syracuse area, and one each in Evans Mills (north of Watertown), Utica, Auburn, Buffalo and Batavia.

He spoke by telephone today as a follow-up to news that the Genesee County Legislature’s Public Service and Ways and Means committees are backing a proposed law drafted by District Attorney Lawrence Friedman at the request of the Sheriff’s Office.

Local law enforcement contends that the law is necessary to assist police in finding and recovering stolen property, and apprehend those who steal other people’s property – and, in many cases, head to the pawn shop.

While the proposed law does include a provision for licensing (at a cost of $150 annually), it does not set limits on products bought and sold as referred to by Fernandez, who repeatedly said his company policy is to work with police agencies to catch criminals.

“While there are (currently) no requirements in Batavia for licensing, our purchase procedure is to collect 22 points of identification, and we will provide full disclosure (to police),” Fernandez said. “Anything they request, we can get. If they need to know who, when, an address, driver’s license, we have it.”

Fernandez said he invests around $25,000 per year for the Bravo computerized tracking system, or database, where “every single thing is reported.”

He said that he has data on 67,000 customers.

“The way to defeat crime is data collection, not limiting my efforts to make money,” he said. “If you limit me, you’ll just have others selling stuff from their trunks and have no data to track what is being sold.”

He mentioned LeadsOnline, a private company that is used by law enforcement to track the acquisition of used merchandise by dealers. He said he has LeadsOnline in all of his stores, except Batavia, but is willing to set it up if Batavia or Genesee County law enforcement wishes to purchase a subscription.

Fernandez also said his company’s policy requires sellers to sign a document dealing with the origin of the product(s).

“They’re breaking the law if they lie about it – it’s a misdemeanor – but because they’re signing my document, it goes from a misdemeanor to a felony change for falsifying records,” he said.

Among the businesses listed under the proposed local law’s definitions are secondhand dealers and pawnbrokers, tags that describe Fernandez’s shops.

“In Buffalo and Evans Mills, I have to have pawnbroker’s licenses, which includes bonding at an extra $1,000 per year,” he said, “but we do no pledged loans whatsoever … no loaning of money period. When I take something in, I buy it. But the previous owner has the first right to buy it back. There’s no contract, just a handshake agreement. We’ve established good relationships with our customers.”

Fernandez said the secondhand dealer designation fits his business model.

“In the other stores we have secondhand dealers’ licenses because we take used and sometimes new merchandise and move it on to the consumer – hopefully for a profit.”

When it was brought up by this reporter that the Batavia Pawn King has been accused of providing a list of goods it is interested in receiving from the Walmart across the street, Fernandez said that was “ridiculous.”

“That violates every single fiber of my company handbook,” he said. “We started this 15 year ago with a hole in the wall, a plastic table and copy machine, and we have built it by doing things the right way.”

A public hearing on the proposed local law is scheduled for 5:30 p.m. Dec. 12 at the Old County Courthouse. If it ultimately passes, it would take effect on Jan. 1, 2019.

Exemptions from the proposed law include garage sales, yard sales, estate sales and moving sales (with some stipulations), sales by nonprofit or charitable organizations, licensed auctions, jewelry and coin dealers (with stipulations), motor vehicles and legitimate antique/trade shows.

A link to a PDF draft of the law was included in a story posted on Nov. 20 by Howard Owens, reporting from the county legislature committee meeting. To access it, click here.

Statement from Genesee County Legislature Chairman Bob Bausch:

November 6th is Election Day. On the ballot is a proposal to change the term of office for county legislators from two to four years. This proposal is widely supported and now the voters are being asked for their support.

In 1967, the voters of Genesee County approved a change in the format of county government from a Board of Supervisors to a County Legislature. The term of office for the legislators was set at two years to mirror the terms of town supervisors, village mayors, town council and village board members as well as other locally elected officials.

In the last 51 years much has changed including extending the terms for many locally elected officials from two to four years. This is due to the breadth of issues and the complexity of local government; plus ever expanding mandates from state and federal governments. During this time, county legislators’ terms have remained at two years to the detriment of the county.

A few examples of the changes in county government over the last 50-plus years would be the addition of Genesee Community College, the Public Defender Office, the Genesee County Parks, the Medicaid program, Office for the Aging, countywide water program, plus numerous other programs that were initiated locally but more often mandated by the state.

During this same period, the county government budget has expanded from $9 to $158 million. Further complicating county finances is the state’s imposed property tax cap with severe penalties to counties if they exceed the tax cap.

The size and complexity of county government creates many challenges for legislators and a two-year term is not adequate to become an effective legislator. Many towns and villages have acknowledged this problem and voters have approved lengthening terms to four years. To become reasonably proficient on county issues is barely possible in two years as any newly elected legislator can attest.

An issue that all governments are facing is finding local candidates for public offices. During the past election cycles for the nine legislative seats, on average only one district seat was contested in either a primary or general election. There are many reasons fewer citizens choose not to seek elected office; the requirement to campaign every two years is among those reasons.

The proposal, if approved by the voters, would authorize staggered four-year terms, i.e.: four legislator districts would be up in one year, and two years later the other five districts would be up for election. This would allow better continuity on the legislature. Also, minority political parties and other interested organizations would be better able to concentrate their efforts.

The county legislature commissioned two countywide studies of the issue over the years, with bipartisan groups recommending an increase in term length to four years. Now it is up to the Genesee County voters, so please give this proposal your serious consideration. The proposal will appear on the back of the paper ballot on Election Day.

The Batavia City Council is on board with a one-year extension of a tentative new sales tax agreement with Genesee County as long as county legislators also act to facilitate the “special legislation” necessary to secure a 40-year deal.

During a Special Conference Meeting tonight at City Hall, council members opted to move a resolution calling for a 12-month extension agreement to its Conference Meeting on Oct. 22, but want assurances that Genesee County lawmakers will be taking up the measure as well.

“The one-year extension is consistent with the 40-year agreement … and the special legislation hopefully will lead to (the passage) of the 40-year agreement,” Interim Manager Matt Worth said. “It would not have been approved by the state Comptroller’s Office (without the special legislation). So, the county will meet concurrently and then it will go to the Comptroller.”

City Attorney George Van Nest explained that the county attorney was advised in mid-September of “feedback he got from the state Comptroller’s Office that there was a little discomfort (with the 40-year term).”

Van Nest said pursuing the special legislation through the state legislature is the “best approach and the most cautious approach.”

In a memo to City Council dated Oct. 2, Worth referred to precedent for such a move, citing previous agreements in Wayne and Ontario counties.

The City and Genesee County have reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year. In future years, the City’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

City Council President Eugene Jankowski said he was in favor of the special legislation because “it will protect us. It becomes not just an agreement, but one approved by the state legislature.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Council Member Robert Bialkowski said he wanted to know how much the county actually needs for these big ticket items.

“What do I tell my constituents?" he asked.

Worth said he wasn’t sure of the numbers, but said the county jail cost is expected to be around $50 million.

The county is expected to act on the extension on Oct. 17, Worth said, noting that the extension will expire on Dec. 31, 2019.

Jankowski said the ruling from the state Comptroller’s Office came as a bit of a surprise.

“The county attorney had been in contact with the state all along and at the last minute, it was like somebody finally read it, and said, ‘Oh, it’s a 40-year agreement,’ ” he said.

During the Business Meeting held before the Conference Meeting, Council:

-- Voted 8-1 to continue extra compensation for Worth ($1,000 per month), and James Ficarella, Ray Tourt and Lisa Neary ($750 per month each) through the pay period ending Jan. 4, 2019, for their additional work during the time the City has been without a city manager and assistant city manager.

The lone “no” vote was cast by Rose Mary Christian, who previously stated that she believes the additional pay should end when the new manager, Martin Moore, assumes his duties on Oct. 15.

-- Voted 9-0 to support the Fire Department’s implementation of an external Emergency Medical Technician class to be offered on an annual basis and to accept a $1,500 state grant to continue a child safety seat initiative.

The EMT class is for citizens interested in becoming EMTs for their own personal benefit as well as those who offer their services to other fire, rescue or Emergency Medical Service agency.

If Genesee County cuts out or reduces the amount of sales tax revenue it distributes to its towns and villages, it likely will result in increased property taxes to those living in those communities.

That’s the view of Darien Town Supervisor David Hagelberger as he keeps a watchful eye on the situation while representing the Genesee Association of Municipalities on a committee working with Genesee County and City of Batavia leaders.

“Towns and villages are saying that if the county keeps all of the sales tax money, they would have no alternative but to raise local taxes to compensate,” Hagelberger said today. “If the county keeps all of it, you will see an increase in property taxes, slashing of services, depletion of fund balances or a combination thereof.”

Hagelberger said he is concerned over a couple of key issues:

-- That a new sales tax agreement between Genesee County and the City of Batavia does not include towns and villages – unlike the previous agreement that expires at the end of 2018;

-- That the County Legislature has indicated that it will forge separate agreements with the towns and villages based on a fixed dollar amount – and not a percentage that previously applied.

On Monday night, the Batavia City Council moved to vote on its agreement with the county at its next meeting on Sept. 24.

The new 40-year agreement calls for the city to receive its current 16 percent of the county’s share (Genesee County gets to keep half of the 8 percent sales tax, with the rest going to the state) through this year with provisions for that amount to grow in future years by a maximum of 2 percent per year.

If future sales tax growth exceeds 2 percent annually, the county will retain the amount above 2 percent, resulting in the city’s overall percentage share changing even though the city received additional funds. In any event, the City’s share will be no less than 14 percent for the remainder of the 40-year contract.

Meanwhile, towns and villages, which currently split 34 percent of the county’s share based on full taxable value of real property, are left out in the cold going forward, said Hagelberger, who reported that legislators on Wednesday night tabled voting on the agreement with the City of Batavia based on new information from the State Comptroller’s office.

“We have learned that the county has decided not to include us in the sales tax agreement, but will be replacing that with ‘Payment Distribution Agreements’ with the individual towns and villages,” he said. “Their proposal caps the sales tax distribution at the 2018 number – a fixed dollar amount and not a fixed percentage as in the past.”

What this means, according to Hagelberger, is that towns and villages would get the same dollar amount as they received in 2018 for the next 40 years. In the Town of Darien's case, for example, he projects sales tax revenue to exceed $1 million for this year.

“And we all know what happens with inflation and fixed incomes,” he said. “This is not good for towns and villages.”

County Manager Jay Gsell confirmed that the county is offering a fixed amount to towns and villages -- instead of a percentage – via what he termed a “Revenue Distribution Agreement.”

“The county is looking at building a new jail and spending $120 million on bridges and roads,” Gsell said. “Genesee is one of three counties in the state, by virtue of a 1938 statute, totally responsible for the maintenance, upkeep and replacements of bridges and culverts – anything going over a body of water that a vehicle can drive over.”

Gsell acknowledged that towns and villages may have to look at other revenue streams.

“Darien and Pembroke, for example, have zero town tax rates,” he said. “They have been budgeting a lion’s share through sales tax revenue.”

He also said the legislature is prepared to act on its agreement with the City of Batavia at its Sept. 26 meeting, noting that a procedural point brought up by the State Comptroller’s office forced the board to table it last night.

Hagelberger said that town supervisors are under a time crunch to submit their preliminary budgets later this month – fiscal plans that include property tax projections.

“We may not know in enough time to properly work up a budget. We have no guarantee if revenue from sales tax will go into the budget. It creates a lot of uncertainty,” he said, adding that any sales tax contract has to be approved by the State Comptroller’s office and that could impact the accuracy of final budgets which need to be completed by Nov. 28.

Hagelberger said he hopes the county will “clarify its position” soon and expects the issue to be a major part of the next GAM meeting on Sept. 20 at Genesee County Building 2 on West Main Street Road.

Acting on Interim City Manager Matt Worth’s analogy that the City will benefit from “a thinner piece of a larger pie,” the Batavia City Council on Monday night agreed to set a special business meeting to vote on a new sales tax agreement with Genesee County.

A revised sales tax arrangement with the county is necessary since the current 10-year pact – which gives the City 16 percent of the county’s 50 percent share of the 8 percent sales tax -- expires at the end of this year.

County legislators, looking at future big ticket items such as bridge replacements and a new county jail, balked at extending the existing agreement, setting the stage for negotiations between the two entities.

The proposed deal calls for the City to receive its current 16 percent of the county’s share through this year, with provisions for that amount to grow in future years by a maximum of 2 percent per year.

“This allows the City to increase in growth by up to 2 percent a year until the City’s portion of the pie becomes 14 percent,” Worth said. “So we go from 16 percent to 14 percent as that pie gets larger and larger.

At that point, once that floor of 14 percent hits, all the restrictions go off and there’s no more restriction of 2 percent growth. So if the sales tax goes up by 5 percent, and we’re at 14 percent, the City gets a 5-percent increase as well.”

In any event, the City’s share will be no less than 14 percent for the remainder of the 40-year contract, Worth said.

“The 14-percent floor is an additional safety net for the City to share in good years above 2 percent, once that threshold is reached,” he said, noting that historically sales tax goes up by 2.5 percent annually.

The County Legislature is expected to vote on the matter on Wednesday of this week, while City Council scheduled a business meeting to address the agreement in conjunction with its conference meeting on Sept. 24. From there, it goes to the state comptroller’s office for approval. If approved, it would go into effect on Jan. 1.

The new agreement, unlike the current one, does not include wording about allocations to Genesee County towns and villages because, according to Worth, the towns have no taxing authority and are not a “sign-on” to the contract.

“It is my understanding that the comptroller was not comfortable with the towns being referenced in the agreement, and that the county will have separate agreements with the towns and villages,” he said.

Responding to questions from Council Member Adam Tabelski and Interim City Manager Worth, Council President Eugene Jankowski said the new agreement should be a “stabilizing” factor in annual budget preparation.

“We’ve been in a holding pattern for the last couple years, not knowing if the agreement would go through,” Jankowski said. “We’re in a better position now.”

In other action, Council:

-- Voted to send a resolution calling for the rezoning of the St. Anthony’s Church area on Liberty Street from residential to commercial to the City Planning & Development Committee.

City Church, which purchased the former Catholic church in 2016, filed a petition to reclassify the campus to allow for some activities (dance school, art school, community education classes, etc.) that could be considered a business activity and a non-conforming use in an R-3 district.

Should the planning board approve, a public hearing will be scheduled.

-- Approved the placement of 10 bicycle racks and six trash cans in downtown locations per a request from the Batavia Business Improvement District.

-- Voted in favor of two resolutions pertaining to the Ellicott Station project coordinated by Savarino Companies of Buffalo.

One grants a stormwater easement due to the fact that a major city storm sewer lies within the boundary of the project; and the other distributes a National Grid Urban Center/Commercial District Revitalization Grant in the amount of $250,000 to enhance the Ellicott Trail Project, which will run along the southern boundary of the Ellicott Station site.

-- Voted to submit an application for Transportation Improvement Program funds for the rehabilitation of four city streets – Harvester Avenue, Jackson Street, Bank Street and Richmond Avenue – that qualify under federal guidelines.

Public Notice -- July 13

Notice is hereby given that there has been introduced before the Legislature of the County of Genesee, a Local Law Introductory No. Four Year 2018 entitled:

"A local law amending Local Law No. One of the Year 1967 in relation to increasing and staggering the terms of office of the members of the Genesee County Legistature."

The Genesee County Legislature will conduct a Public Hearing on the proposed local law at 5:30 p.m. on Wednesday, Aug. 8, in the Old Courthouse, 7 Main St., Batavia.

All interested persons will be heard.

Pamela LeGrou

Clerk, Genesee County Legislature

Eight years ago voters turned down a proposal to shift the years served in a single term for a county legislator from two years to four but the idea has resurfaced again and the county is scheduling a public hearing on the proposal for 5:30 p.m., Aug. 8, in the Old Courthouse.

The proposed change in the local law would take effect with the 2019 election and have four current members of the legislature run for four-year terms and five would run for two-year terms; then in 2021, those five final two-year term seats would become four-year terms in that election. Thus, the terms of legislators would be staggered instead of all nine members running at once.

That, said Marianne Clattenburg, chair of the Ways and Means Committee, raises the possibility that at some point in the future a majority of the legislature could consist of all new members with few experienced members.

"There's a lot to learn in this job," Clattenburg said.

Members on Monday shared a common experience: Voters surprised that somebody they seemingly just voted for coming around and asking for petition signatures for office.

"I know," Clattenberg said, "I’ll be passing out petitions and they’ll say, ‘what are you doing?’ and I’ll say, ‘I have to run again.’ ‘Why?’ ‘Well, it’s only two years.’ ‘It is?’ They just sometimes automatically assume we’re like the City Council."

Clattenberg said the County Legislature is the last elected body in the county with two-year terms.

Legislator Shelly Stein agreed.

"Whenever I’m at people’s doors with petitions they say, ‘why are you here again?’ " Stein said. "It really is the fact that they expect our terms to mirror everybody else’s in the county.”

It's up to voters to change the local law that governs the length of terms for legislators, Legislator Andrew Young noted, and said, "I think it just makes sense."

At the public hearing in 2010, two people spoke in favor of the change and two against, including former Legislator John Sackett.

"I believe that you cannot have representative government by having longer terms of office," Sackett said.

The proposal failed among voters, however, despite getting popular support in The Batavian's admittedly unscientific online polls. The Batavian ran three polls about the topic (one, two, three).

The leader of the Genesee County Economic Development Center said he is attempting to persuade a company “five times the size of 1366 Technologies” to put its stake in the WNY Science, Technology and Advanced Manufacturing Park in the Town of Alabama.

“We’ve had five site visits” (with the company),” said Steve Hyde, GCEDC president and chief executive office, this afternoon at the Genesee County Legislature’s Ways & Means Committee meeting, later adding that the business is “five times the size of 1366 as far as investment and jobs go.”

“We will either be the bridesmaid or bride in this deal, and (if the latter) it would change the face of the community,” Hyde said, invoking a nondisclosure agreement. “While 1366 was a start-up, this company is very solid.”

Hyde and GCEDC Board Chairman Paul Battaglia said they were disappointed by the decision of 1366 Technologies, which manufactures solar wafers, to pull out of STAMP – a 1,250-acre, shovel-ready nanotechnologies site developed by the GCEDC.

“It took two years for the announcement that 1366 would be coming and another two years for them to pull the plug on that project,” Battaglia said after Hyde and CFO Lezlie Farrell gave the committee a quick overview of the GCEDC’s financial picture. “It takes a lot of work and effort with no guarantee that we will be successful.”

Hyde said that “fiscal pressures” in the form of decreased funding and a greater workload are “part of the challenges that are hard to overcome.” However, he said he is confident that a deal is in the near future.

“It’s just a matter of when, not if,” he said.

The GCEDC will be coordinating four projects at the STAMP site in the coming months in an effort to achieve what he called the “big house blueprint – big water, big sewer and big electric.”

GCEDC officials reported that the 2018 budget shows $26.9 million in revenue against $27.3 million in expenses, with $1.4 million budgeted for operations and $25.6 million for WNY Stamp.

Hyde said that the shortfall would be covered by annuity streams generated by HP Hood, which has moved into the former Muller Quaker yogurt plant on East Main Street Road.

He bemoaned the fact that financial backing from Genesee County has decreased by 31 percent since 2008 (currently at $193,513 annually) since the agency’s only two sources of funding are project revenues/origination fees and county support.

“The challenge is that we have is that we’ve been in an environment where the body of work has illuminated. The work activity, business development and sales, and workforce development – notably in food, beverage and agriculture – have more than doubled,” he said.

Hyde reported that in 2017, the GCEDC steered 16 projects that resulted in $240 million in pledged capital investment and 288 pledged job creation. Eight of those projects, generating $231 in capital investment, were in the food and beverage/agri-business sector.

For 2018, a key stated GCEDC goal is to secure additional investment to implement STAMP Phase II site and infrastructure development to help make the site globally competitive by better aligning infrastructure readiness timelines with market needs (market-ready/shovel-ready).

In an another development, the Ways & Means Committee engaged in a discussion with Lawley Insurance executives Reggie Dejean and Suzie Ott and County Information Technology Director Steve Zimmer about cyber liability insurance.

Cyber insurance has emerged as a result of increased activity by hackers or other criminals who gain access to a firm’s electronic network. Most notably, but not exclusively, it covers a business' liability for a data breach in which personal and/or confidential information, such as Social Security or credit card numbers, is exposed or stolen.

Zimmer said he didn’t think Genesee County has enough protection in this area.

“Cyber liability insurance would give us the financial resources to bring experts in,” he said, adding that he projected that if all data was lost at the Mental Health department, for example, it would cost up to $3.8 million to rectify the situation.

Currently, he said there are in excess of 700 users -- including volunteer fire department personnel -- on the county’s computer network, which presents the risk of someone opening an infected e-mail or attachment.

Dejean said cyber policies offered by Lawley have limits of $1 million, $2 million or $5 million, and cover data & network liability/third-party liability, web and print content liability, regulatory defense and penalties, cyber extortion (ransomware) and business interruption (loss of income). They also offer the ability to notify up to 250,000 people of a breach.

The committee made no commitment, but did get the figures -- annual premiums of: $21,663 for a $1 million policy; $27,078 for a $2 million policy; $36,061 for a $5 million policy with $100,000 deductible; and $32,818 for a $5 million policy with a $250,000 deductible.

When asked where the money would come from to pay the premium, County Manager Jay Gsell said initially it would come from the county’s self-insurance fund, “but going forward (if people are identified as causing problems) there could be some changes to financing the risk.”

Gsell, responding to a question about how to educate computer users, said he was in favor of formulating a policy, starting with the E-911 board to communicate the responsibilities associated with information technology.

“The education piece has to start sometime soon,” said Ways & Means Chair Marianne Clattenburg.

-- The committee also endorsed a resolution proposing a local law designating the opioid epidemic and its impact on Genesee County a "public nuisance" and to set a course to recover costs incurred by the county in providing related services.

The resolution, in part, states that "as a result of the opioid epidemic, costs related to healthcare, family and social services, criminal justice, addiction and rehabilitation, and many other areas have significantly increased. Many of these costs are paid by the County. The purpose and intent of this Local Law is to allow the County to recover these costs ... whenever practicable, from the responsible party."

A public hearing on the matter is scheduled for 5:30 p.m. March 28 at the Old County Courthouse.