Genesee County Legislature

Press Release:

From Jan. 26 to Feb. 24 a land owner may submit a request to include entire parcels of predominantly viable agricultural land within a certified New York State Agricultural District.

NYS Agricultural and Markets Law requires that the County Legislature designate an annual thirty-day time period within which a land owner may submit a request for inclusion of property within a certified agricultural district. 

This annual time occurs in Genesee County from Jan. 26 to Feb. 24 and is exclusively designed to incorporate property that is predominantly viable agricultural land – defined by Genesee County as lands that are composed of at least 51% prime farmland soils and/or are contiguous to the main farm operation.

Applications for the inclusion of land are available at the Genesee County Department of Planning in County Building No. 2 (3837 W Main Street Rd, Batavia) or can be downloaded or printed by visiting the website:

http://www.co.genesee.ny.us/departments/planning/agricultural_farmland_protection_board.php#annualenrollment

The application must be completed and signed by the landowner and returned to the Genesee County Department of Planning by 5 p.m. on Feb. 24. Due to the language of the NYS Agricultural and Markets Law, no applications can be accepted before Jan. 26.

PLEASE NOTE: Requesting enrollment of property during this thirty-day time period is not a guarantee that your property will be added to an existing Agricultural District, and it will not automatically qualify your property for a reduced agricultural property tax assessment. For information on obtaining a reduced agricultural property tax assessment, you must contact your local assessor. Please remember, that the Taxable Status Date is March 1.

County officials wished outgoing County Attorney Jim Wujcik “the best” after his two years of service and with the appointment of a new county attorney during the annual organizational meeting Wednesday at the Old County Courthouse. 

The Batavian had previously asked County Manager Matt Landers for confirmation that Wujcik was not going to be reappointed prior to the meeting, and whether it was related to other litigation matters, and Landers could only respond in generalities, he said.

“I wish Jim Wujcik all the best and thank him for his service to Genesee County; however, I can’t speak to appointments made by the Legislature or comment on litigation that may or may not impact an individual personally,” Landers said.

Legislature Chairwoman Shelley Stein, District 5, who was voted in by her fellow legislators as chair once again, also wished Wujcik, “who is pursuing other opportunities,” well. 

The full Legislature appointed longtime Le Roy attorney Mark Boylan as the new county attorney for the 2024-25 term. Boylan has been practicing for 30 years as a third-generation legal member of the family, beginning with his grandfather, the late Paul A. Boylan.

He was admitted to the Genesee County and New York State Bar Association in 1994.

“I think it’s a tremendous responsibility and a great honor, and I feel like I’ve been practicing for the last 30 years for this opportunity,” Boylan said to The Batavian after being officially sworn into the position. “I know they’ve got a lot on their plate, and I’m eager to help. I know there are multiple contracts up for review, broadband is an issue, the jail is absolutely a high priority, and everything the chairman mentioned will require my immediate attention.”

During the meeting, Stein read a self-crafted prayer customized for the group. She asked that they be filled with hope for peace and unity in the world, and “joy in our daily lives and activities,” while also asking for further blessings for the staff of Genesee County and its “purposeful public service and care of all our residents.” 

“Please watch over our families as we serve others,” she said.

Stein also expressed thanks for the steady leadership of Public Defender Jerry Ader, Legislature Clerk Lisa Casey and the new county attorney. As Boylan indicated, she also spoke of “unfinished goals to bring to fullness in 2024.”

Those goals include a broadband contract award, and the final completion of the new jail facility on Route 5 — “on time and under budget,” she said. There is also continued work to support emergency responders, funding Phase 3 of the ongoing water project, and “judicious use of opioid settlement funds that bring about measurable life improvements in our communities.”

“This is a great group of legislators who see the value of getting our goals accomplished, providing the highest value to our taxpayers and making sure the quality of life here in Genesee County meets and exceeds what our community desires, within our resources of course,” Stein said.

The Legislature also nominated another term for each, Marianne Clattenburg, District 8, as first Vice Chair and Gregg Torrey, District 6, as second Vice Chair, for 2024-25. The remaining legislators are Chad Klotzbach, District 1, Christian Yunker, District 2, Gordon Dibble, District 3, Brooks Hawley, District 4, John Deleo, District 7, Gary Maha, District 9.

Bills that were passed in the Senate this year are now headed to Governor Kathy Hochul’s desk, and Genesee County legislators made one more impassioned plea for her to veto the legislation, though perhaps in vain, during Wednesday’s legislature meeting.

One act is to amend the town, village, county and municipal home rule law that would revise certain offices to have three-year terms and elections to be on the first Monday in November of every even-numbered year is one of the bills proceeding for Hochul’s vote.

Legislator Marianne Clattenburg, who just received her state certification letter in the mail acknowledging her legislative status, takes issue with the possibility that her four years might just get cut short a year.

“And the governor has called that up, and she has till the end of the year to sign it. If she doesn't sign it, then it goes away. If she signs it, then it becomes law. And I just wanted to state my opposition; first, the way it was done. And second, it will not save any money as far as elections go. And third, it was only concentrated on certain counties, not New York City people. And so I'm totally opposed to it,” Clattenburg said. “It'll skew everyone's terms. I was just reelected to a four-year term. If this goes through, my term turns to three. And I just think it's wrong because we put this to the voters, the voters decided our terms. And now they want to take that home rule away.” 

She also opposes the bill because the state legislators passed it during budget negotiations, she said. The entire Genesee County Legislature sent its own letter as well as joining the state Association of Counties in passing a resolution to oppose the measure in a bipartisan effort, she said. 

Wednesday’s public appeal was one more attempt at reminding the state where this county stood, Clattenburg said.

Because today was the day (Hochul) called it up, we received an alert that we should make our sentiments known again,” she said. “So (Legislature Chair Shelley Stein) just wanted one of us to, you know, speak up and reiterate what we had said previously. And it just so happens that I got my certification in the mail today. I thought it was ironic that it says I have a four-year term. But if the governor signs the paper, it negates that.” 

Legislator Christian Yunker also spoke up about the Birds and Bees Protection Act, which he — and Stein, per her prior public comments — are against. 

This Act is a measure to prohibit the “sale, distribution or purchase by any person within the state of corn, soybean or wheat seeds coated or treated with pesticides with the active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran, or acetamiprid,” as of Jan. 1, 2027. 

Stein, of Stein Dairy Farm in Le Roy, previously wrote an opinion piece for The Times Union explaining her rationale that: "New York farmers have only one shot each year to grow a crop of corn or soybeans, and waiting under the soil are insects like the seed corn maggot that love to gobble up seedlings before they emerge," she said in her opinion piece. "Coating minute amounts of neonic pesticides on corn and soybean seeds is a proven practice to keep the maggots away and assure a successful crop — but legislation passed this year would take this tool out of New York farmers’ toolbox."

Yunker helps run CY Farms, Batavia Turf, and CY Heifer Farm. He said that New York would be the only state to enact this prohibition of seeds treated with the particular pesticides, which he considers to be promoted by “environmental radicals.”

“This would have devastating effects for farmers in New York State. Not only would we be able to see this as an unfair advantage … it will also have devastating environmental impacts that I don’t think most realize. These seed treatments are a critical tool for farmers … it’s a safe and effective tool; it’s been proven all around the world, and New York State wants to get rid of this critical technology,” Yunker said. “So, this is legislation that makes no sense. As rural residents and farmers, it just doesn't make sense, and I just wanted a strong urge against this bill.”

Both Genesee County Manager Matt Landers and Legislature Chairwoman Shelley Stein were happy that a contract was approved with the Civil Service Employees Association Monday, both said during the Legislature’s meeting at the Old County Courthouse.

Negotiations ended with legislators approving increases of $1 plus 5 percent for 2024, 4 percent for 2025 and 3 percent for 2026 for the CSEA general unit, Local 819 Union. 

“I’m really proud of not getting ourselves into a long, protracted, drawn-out battle,” Landers said. 

The county legislators agreed to a three-year contract to begin Jan. 1, 2024, and run through Dec. 31, 2026. It will have an approximate cumulative budget impact of $1.23 million, with a FICA cost of $99,000, and retirement of $203,000, for a total of $1.56 million for 2024.

“We are grateful for the staff that provides the public service here,” Stein said. 

Just in time for Thanksgiving, she was thankful to “put this contract to bed and move forward,” Stein said. 

In other salary-related action, the Legislature set a hearing for a proposed local law regarding the salaries and increases of elected county officials, as listed below. 

Landers said each salary has been increased based on a 2.5 percent cost of living adjustment (COLA) and other varied reasons. The original salary and reason for the increase are listed next to the proposed new salary.

Commissioner of Elections - $52,966, combined with COLA, longevity pay of $800 and a step increase, would be - $55,741 ($2,775 more)

Human Resources Director - $101,565, combined with COLA, longevity pay of $1,000 and a grade adjustment, would be - $113,980 ($12,415 more)

Commissioner of Social Services - $94,325, also with COLA, an increase in longevity pay of $800, and a multiple-step increase, would be $108,624 ($14,299 more)

Treasurer - $110,639, combined with COLA, and an increase in longevity pay of $1,400, would be - $114,780 ($4,141 more)

Sheriff - $116,121, combined with COLA, and an increase in longevity pay of $1,400, would be - $120,399 ($4,278 more)

Highway Superintendent - $127,922, with COLA, an increase in longevity pay of $1,400, would be - $132,495 ($4,573 more).

The public hearing will be at 4:30 p.m. on Dec. 13 at the Old County Courthouse, 7 Main St., Batavia. 

If you've been driving at night on Routes 5 or 33 and looked up at the Old County Courthouse, you've spotted the green-capped building already. Befitting of a patriotic theme, the lit cupola sits above the Upton Monument from the west, casting a faint lime green glow on the eagle.

While green may not seem so patriotic, it represents a yearly tradition that can't get any more red, white and blue, at least in spirit: Operation Green Light is all about offering up one's respect for veterans.

On Wednesday, the Genesee County Legislature proclaimed this time, which runs through Veteran's Day (Saturday) as an opportunity to place a green light in your home or business window to demonstrate "respect, admiration and the utmost gratitude for all of the men and women who have selflessly served their country and this community in the armed forces." 

The proclamation continues: 

WHEREAS, the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens, and

WHEREAS, Genesee County seeks to honor these individuals who have paid the high price for freedom by placing themselves in harm’s way for the good of all, and

WHEREAS, New York States Veteran Population has decreased by 44% over the last 20 years, and

WHEREAS, Veterans continue to serve their community in the American Legion, Veterans of Foreign Wars, church groups, civil service, and

WHEREAS, approximately 200,000 service members transition to civilian communities annually, and

WHEREAS, an estimated 20% increase of service members will transition to civilian life in the near future, and

WHEREAS, studies indicate that 44 percent to 72 percent of service members experience high levels of stress during the transition from military to civilian life, and

WHEREAS, active Military Service Members transitioning from military service are at a high risk for suicide during their first year after military service, and

WHEREAS, the Genesee County appreciates the sacrifices our United States Military Personnel made while defending freedom and believes accord them specific recognition in appreciation of their service and to demonstrate the honor and support they have earned. Now, therefore, be it

RESOLVED, with designation as a Green Light for Military Service County, Genesee County hereby declares from October through Veterans Day, November 11 th, 2023, a time to salute and honor the service and sacrifice of our men and women in uniform transitioning from Active Service, and be it further

RESOLVED, that in observance of Operation Green Light, the Genesee County Legislature encourages its citizens in patriotic tradition to recognize the importance of honoring all those whose immeasurable sacrifices helped to preserve freedom by displaying a green light in a window of their place of business or residence.

For the second time this year, the Genesee County Legislature is doing some profit-sharing.

The group agreed to share $1 million of unbudgeted revenue with the county’s towns, villages and the City of Batavia. Those bonuses will be arriving in denominations from about $6,000 for the Village of Alexander up to just under $195,500 for the city. 

It should be welcomed news for struggling municipal leaders, including Pembroke Town Supervisor Tom Schneider, who spoke up at the recent county budget hearing to remind legislators of the financial constraints that he and others are dealing with.  Pembroke will be receiving $85,420. 

Referred to as a voluntary distribution payment, the money is a collective unanticipated earnings from interest and sales tax proceeds. The last distribution was made in February. 

The Legislature agreed Wednesday that, since “the County of Genesee recognizes the consideration and cooperation of the Towns, Villages and City of Batavia as partners in the delivery of services to our citizens,” it would like to make this voluntary distribution payment as listed below:

• City of Batavia - $195,441
• Town of Alabama - $ 32,116
• Village of Alexander - $ 5,976
• Town of Alexander - $ 34,030
• Town of Batavia - $143,474
• Village of Bergen - $ 15,520
• Town of Bergen - $ 39,781
• Town of Bethany - $ 32,507
• Town of Byron - $ 34,611
• Village of Corfu - $ 11,495
• Town of Darien - $ 73,341
• Village of Elba - $ 8,256
• Town of Elba - $ 27,495
• Village of LeRoy $ 58,008
• Town of LeRoy - $ 66,461
• Village of Oakfield - $ 15,228
• Town of Oakfield - $ 23,098
• Town of Pavilion - $ 44,522
• Town of Pembroke - $ 85,420
• Town of Stafford - $ 53,220

The funds are paid with $500,000 each of sales and use tax and interest and earnings, according to the related resolution.

Pembroke Town Supervisor Thomas Schneider understands that Genesee County has some rough financial waters to navigate, however, he still wants county officials to remember that he and other municipalities are out there working to maintain their vessels as well.

"Now, it's nice that the county rate is reduced again. But I just want to encourage the Legislature to remember the towns and villages," Schneider said during the county’s budget hearing Wednesday at the old County Courthouse in Batavia. "And I know you've got a lot of other expenses and departments to deal with, but, you know, that did put a significant hit on the town budgets. And I hate to keep sounding like a broken record … we're appreciative of whatever can be shared. I'm a strong supporter of the whole ship working together to stay afloat.” 

Genesee County Manager Matt Landers released his 2024 budget and related message on Friday, and this week included the entire financial summary for the nearly $183 million spending plan, an increase of $20 million from 2023. It includes a property tax levy of $32.7 million, a $1.5 million cash surplus, a $17.4 million year-end fund balance, $104 million in revenues and $138 million in appropriations. 

This isn't the first time Schneider has come to talk to legislators about his plight as a cash-strapped supervisor, and he has been accompanied in the past by other supervisors as well. No matter the outcome, he wants to keep up with the message, he said.

“You know, I think I'm slowly getting into the fifth stage of grief at this point where it's acceptance. The local level tends to be where most of the people come to voice their concerns, it seems like, and trying to get them to understand what the new normal is in Genesee County and in the town of Pembroke is sometimes a little tough. So I don't want to upset anybody if I'm directing them to the County Legislature because, you know, our budget has not increased from 2018. We're still running at 2018 levels in our budgets,” he said. “So I would love to be able to have an increase in my budget each year, but then I've got to put that on the taxpayers and in the town, and so we have to think long and hard about those increases." 

Of the general fund expenses, there is a $5.2 million increase in the water fund because of the Phase 2 water project, he said. The good news, Landers said: “That is a one-time, non-reoccurring” cost. 

“So we don’t expect to see that in the 2025 budget,” he said. “So as far as the $20 million, $5 million of it is right there. That won’t be back next year. “$4.8 million of it is an increase in salaries and related employer FICA costs.”

People that go the public defender’s office and have some type of conflict and have to instead to assigned counsel, there’s a reimbursement cost for that, “which is causing a million dollar increase in costs,” Landers said. “The state is reimbursing half of that. But for the purposes of showing what the increased expenditures are, it is important to note that a million dollars of that is because the aid can be raised. Another $1.3 million is from NYS retirement, and a million dollar increase in Medicaid local share.”

Landers credited increased sales tax, including gasoline sales tax, and a cash surplus for a decreased sales tax rate by 37 cents for the proposed $8.08 per $1,000 assessed value. According to county history, that’s the lowest tax rate in at least 26 years, though total appropriations have risen from $72.6 million in 1997 to nearly $182.8 million in this proposed budget.

That’s in the face of some steep financial bills moving forward as the county has a looming $150 million Phase 3 water project and $70 million new jail facility in progress with the tabs yet to be paid. 

As of Dec. 31 of this year, the county will have an outstanding debt of $85.8 million for the Phase 2 water ($2.92 million), jail construction ($69.1 million), GCEDC STAMP water ($2.82 million), GCC athletic fields/gym/locker rooms ($175,000) and Wellness Center ($6.96 million), airport terminal construction ($2.9 million), and the Sheriff’s administration building ($920,000). 

Landers gave examples of some department highlights and related cash infusions, including a couple of years ago, when there were some substantial and sizable increases for one-time projects that could not grow “without our support.” 

“We once again asked if we wanted to keep that funding going on to demonstrate the need and demonstrate what that money would show as a return from the main investments. Examples are that we have our Jocelyn here from Cornell Cooperative, and we have the Ag in the Classroom program, which has been a huge success, so much so that she wants to expand upon that. There was a request to expand upon that, and in the 2024 budget, we're going to see if we can make that happen in 2025,” he said. “Workforce development that GCC has, we’ve been able to put in place, that these extra funds that the Legislature has been able to invest in is paying off in our community. 

"GCC, we've asked them to continue on with just a $50,000 increase. I say that's less than 2 percent of what we contribute to GCC overall, and inflation is going up by much more than 2 percent. So I think that's still a very, very conscientious move for the Legislature to try to keep them limited to $50,000," he said. "Sometimes in the past we would say, no increase for several years in a row. And then we would have to catch up and have to do a large shock to our budget. So I think this is a very measured approach.” 

He put $30 million in the budget for mandated services for social services and new jail needs, he said.  The new jail facility required hiring six additional correctional officers and one full-time cleaner for a total of seven new positions, Landers said. Every new state-mandated post at the jail means five and half new positions, he said.

He hopes to recoup some of those expenses with boarding of inmates from the ICE (Immigration and Customs Enforcement) Buffalo Federal Detention Facility in Batavia, he said.

Genesee County used to have a more generous profit-sharing formula with its towns and villages, and with the three-phase water projects, that formula was recalculated two years ago that reduced that flattened the annual amount, a calculation that Schneider and other supervisors have critiqued in the past. This time Schneider said he just wants to be a gentle reminder that “we’re still here” and in need of funding whenever that might be possible.

“That's really all I had to say. The sales tax agreement was changed in 2018 because the county needed additional revenue. I don't think it solves anything to be too hard on anybody, but just the fact of the matter is it does put a hole in our budget, we've not increased our spending, our revenues have essentially decreased," Schneider said after the hearing. "So, you know, I just didn't want it lost on the legislature that it is still an impact. I don't want to tell anybody how to do their budget, I try to steer clear of telling other boards and groups how to do their job, but I think all budgets do have wiggle room in them.

"I don't think there's any changes at this point to it, other than just asking for more revenue sharing, because in the 2020 sales tax agreement, whenever that was passed, 2021, there was a possibility of additional revenue if the county had it available, so I just want to make sure we're not silent in the process, keeping in there,” he said.

The county invites public feedback, Landers and Legislative Chairwoman Shelley Stein said. The Legislature plans to have further budget sessions and is scheduled for a final vote on Nov. 20.

Genesee County’s Legislature approved a slate of resolutions Wednesday, including funding to cover a budget shortage in the Sheriff’s Office due to overtime pay and fringe expenses for services to outside agencies, including for the air show and Darien Lake.

During the Public Service meeting earlier this month, Undersheriff Bradley Mazur explained a shortage of more than $120,000 due to overtime costs, due at least in part to sheriff’s deputy details at the Wings Over Batavia air show and at Darien Lake concerts during this calendar year.

The Legislature approved expenses of $95,000 for the additional overtime in police services, $5,890 for Social Security tax, $1,378 for Medicare tax, and $18,525 in retirement costs, for a total of $120,793. 

The county will recoup those expenses by billing the agencies where sheriff's office services were rendered, county Manager Matt Landers said. 

The Legislature also approved an increase in revenue to the Sheriff’s Office from STOP-DWI grant funds in the amount of $12,607 to cover the cost of the High Visibility Enforcement Campaign details worked in 2023.

Genesee County law enforcement agencies, including the Genesee County Sheriff’s Office, City of Batavia Police Department, and LeRoy Police Department, will be participating in a coordinated effort with the STOP-DWI program this coming week to bring awareness to the dangers of impaired driving. 

The statewide STOP-DWI Impaired Driving High Visibility Engagement Campaign begins Friday and goes through Tuesday.

The message is simple: Designate a driver, and don’t let alcohol take the wheel. When it comes to impaired driving, “Halloween can turn the roads into a horror fest,” organizers say. 

While families spend time with their children trick or treating and hosting parties with loved ones, law enforcement officers and STOP-DWI programs across New York State will participate in special efforts to stop impaired driving, prevent injuries, and save lives.

The STOP-DWI Halloween High Visibility Engagement Campaign is one of many statewide initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

After spending 40 years in a career involved with people dealing with drug and alcohol addiction, John Bennett believes he has come to know those people fairly well. And after all is said and done, no matter their struggles and perceived defects, “they’re just people,” he says.

Bennett, the chief executive officer for UConnectCare, formerly Genesee/Orleans Council on Alcoholism and Substance Abuse, or GCASA, is taking some time to collect his thoughts and plans for the agency after his request for funding was turned down Wednesday by four Genesee County legislators. 

The Batavian needs to clarify two points that may have gotten lost in the fray of comments involved in the potential deal. One is that the $100,000 request was not directly from the county’s coffers or taxpayers. The money would have come from settlement funds that were the result of an opioid-related lawsuit that Genesee County was part of, along with several other counties. 

There is some $463,000 available, and a portion of the money has a restricted use that must go toward opioid-related purposes. For example, some of the opioid funding went for monitoring of wastewater to track what types of drugs are being used in Genesee County.

The second point is that while the assessed value of the motel has been cited as $293,000, the property has also been listed as for sale on LoopNet. That listing does not include an asking price; however, Realtor.com gives the estimated market value of the property as $970,343. That is how the purchase price landed at $800,000.

Aside from those two financial considerations, the legislators did not want the deal for other reasons, and those comments are what hit the hardest for Bennett, he said. 

The idea was to have a place for transitional housing to serve people in need of safe temporary housing, and it was discussed by a committee of representatives from the county, GCASA, and mental health that all seemed to agree it was a good idea, he said.

“I will say that the legislators, this group, sent a message about how they feel about people with addiction and recovery. And it's disappointing to me because I've worked 25 years in this community. And, you know, part of my mission is to help reduce the stigma of people with addiction, and I feel that maybe I haven't done such a good job,” Bennett said. “If that's the way some people in the legislature still feel about having us in the community and the people we serve … I'm trying to take a look at all that right now.”

He invites the legislators, and anyone who is interested, to take a tour of the facilities at the newly named UConnectCare, and talk to people there to learn more about what they do. 

Bennett is concerned about how people with addictions are portrayed just because they may struggle and relapse — even if it’s multiple times. Many people have such a story in their own families, including Bennett, he said. His grandfather, whom he was named after, “drank himself to death,” dying the year Bennett was born as a young man in his 50s. 

“And my mother always told me stories about what a kind man he was, that he’d give you the shirt off his back, but he had a drinking problem, and then in her infinite wisdom named me after him,” Bennett said. "I grew up going to Al-Anon meetings. And then my uncle, who was a prominent regional director for Mutual of Omaha, was also an alcoholic.”

The point being that, yes, good people can struggle with substances, he said. 

He also takes issue with any insinuation that his agency is a drain on the county. GCASA has gotten $35,000 from Genesee County in its yearly allotment. 

“We’re very appreciative of that, but that’s all we get in a $12 million budget,” he said. “So we’re not a drain on this county at all. In fact, we bring a lot of business. And the building that I sit in, we bought the building at auction. It was abandoned and dilapidated. It was empty for like 10 years. And nobody was paying taxes on it. That’s why we ended up buying it at auction,” he said.

The agency helps to boost the local economy by hiring local contractors for that work, and the 76 percent of its 200-person staff that lives and works in Genesee and Orleans counties, he said. 

“You can come come down to visit us. If you really serve in the community, come down and take a tour of our buildings, meet my staff, and meet some of the people that we service. They'll be willing to talk to you. But don't step up in public and say things that you don't really know anything about. That's my message,” he said. “Some people are there at the worst. They're down and out, and they're at the worst point of their life, and they need help. And, you know, you have to be willing to work for those people, too. So, yeah, I'm disappointed. I'm okay with making a decision not to give the money. I mean, that's not really the issue. The issue was how it was managed, the things that were said.”

Prior coverage:

• UConnect still needs to connect the dots
• In rare move county legislators vote no

Calling it “a significant overreach of our Home Rule,” Genesee County Legislator Chair Rochelle Stein said the legislature is fully invested in legal action to overturn a decision by New York State lawmakers to restructure the Western Regional Off-Track Betting Corp. board of directors.

“In our minds, this is a significant overreach of our Home Rule, and we counties must protect our constitutional rights in New York State,” she said today. “We cannot allow for that to be overwritten by an action of the government.”

Stein confirmed that Dennis Vacco, former state attorney general and federal prosecutor, has been hired by Genesee County and other Republican-leaning counties in Western New York that benefit from WROTB, which is based in Batavia.

“This is definitely a joint effort,” she said, adding that the cost of litigation will be shared by the counties involved.

The Batavian reached out this morning to County Attorney James Wujcik and to Vacco’s office in an effort to determine which counties are participating in the lawsuit and to find out more details about the cost-sharing agreement.

In late June, the Genesee County Legislature passed a resolution supporting legal action and the desire to participate with other rural counties.

All 17 director positions, except Schuyler County, have been reappointed since action by Gov. Hochul and other lawmakers in Albany to dismantle the WROTB board.

The latest to join is James A. Wilmot, who will represent Monroe County. The board is scheduled to meet at 10 a.m. Thursday at Batavia Downs Gaming on Park Road.

For the second year in a row, Genesee County Legislator Chad Klotzbach apparently drew the short straw when volunteering to man the Chuckwagon at the county fair Tuesday. 

After all, he was positioned in the hottest spot in the house — at the fryer. While his colleagues took orders, served drinks, flipped burgers and hotdogs on the grill and handled the incoming cash at the front, Klotzbach dropped baskets of fries into hot steamy vats of oil.

“I have no idea what I’m doing,” he jokingly said. “If it’s still frozen, then it’s not cooked enough, and if it’s burnt, then it’s overcooked.”

The group of legislators participated in the fair parade and then marched off to their designated corners to hustle up food for hungry fair-goers. The lines never seemed to slow down during their shift from 7 to 10 p.m.

Every now and then, Legislature Chairwoman Shelley Stein would yell out “ding, ding, ding” when a patron stuffed a tip into their jar, which was full of dollar bills. 

County Clerk Lisa Casey was busy crushing Doritos and adding lettuce, tomatoes, meat and sauce. “I’m taco in a bag,” she said of her role, and “nachos.”

While the group was raking in the dough during the evening, it wasn’t going into their own pockets.

“We do this to support the fair and the organization that makes money for programs for Genesee County agriculture,” Legislator Marianne Clattenburg said, answering The Batavian’s question of who works the hardest out of their group.  “I have no idea who works the hardest. I think Chad has the hardest job. We're all one big well-oiled machine this year.”

With about 90 minutes down, and 90 more to go, she could attest to it being “busy and hot like it was last year.” It was more difficult to get a few words out of Legislator John Deleo, as every few moments, he received orders for drinks, mostly chilled Gatorades and a few Blue Lights.

In assembly line fashion, someone next to the cooler — an increasingly familiar face in Western New York — grabbed the drinks and handed them off to Deleo, who then delivered them to the front-end workers. This group just wanted to help out the fair, he said.

“It’s kind of our contribution to help out, to keep the pressure on, and if you notice every year it's getting better and better,” he said, interrupting his train of thought for more drinks, one being recommended that goes good with the fried dough.  “There's a lot of volunteers here, which really helped the community and everything. So if you notice, it used to be the churches they don't do that. So now this is the big community get-together. But it's good to see a lot of people here that you do know, and it's always good.”

Wait a minute, was that George Borrello (R, C) representing the 57th Senate District, slinging chuckwagon grub behind the counter and helping to serve cold drinks from the cooler? Yes. He came here for the parade, to see some 4-H kids, livestock and other fairgrounds action.

“And I thought I'd jump back and help out the county legislators here, and I'm a public servant. I can also serve french fries and hot dogs. Obviously, agriculture's there as well. First of all, not only am I the state senator, but I'm also the ranking member of the Senate Agriculture Committee. So agriculture is the biggest industry in New York State,” he said. “And fairs like the Genesee County Fair help highlight agriculture and the importance it is to our economy. So, I think it's great to be here. There are a lot of people that come to the fair that may not have a chance to go to a farm or to understand what it's like to raise animals to care for animals. 

“You know, people don't know where their food comes from. So something like Genesee County Fair really teaches people a lot about the food chain and the important standard culture of our economy,” Borrello said.

All of the proceeds from the legislators’ work, including that fat stuffed tip jar, will go to the Genesee County Ag Society. There was one more important question for the evening, though. How’d they do? Did it pass the muster of hungry appetites?

Doug and Sharon Houseknecht are regulars at the fair — they’ve been going for nearly each of their 49 years of marriage, mostly to see the parade and animals; some friends have cows there, and “we come to support them,” Sharon said. 

They sat underneath the green and white food tent next to the Chuckwagon after just finishing their meal. There were fries left in Doug’s container, and he questioned that they were supposed to be a "small." So serving size? Generous. 

How about taste?

“We eat at the same spot every year,” Sharon said as Doug answered how their dinner was. “It was great.”

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

Twelve of the 17 people who will represent their counties or cities on the reconfigured Western Regional Off-Track Betting Corp.’s board of directors have been appointed with a little more than a week to go before their next scheduled meeting.

WROTB President/Chief Executive Officer Henry Wojtaszek provided the names of the newly appointed directors to The Batavian this morning, noting that the Democratic-leaning municipalities of Erie and Monroe counties and the City of Buffalo have yet to announce their selections.

As previously reported first on The Batavian, Charles Zambito of Elba, former Genesee County Court judge, has been appointed to represent the host county in matters concerning Batavia Downs Gaming, Harness Track, The Hotel at Batavia Downs and the public benefit company’s Off-Track Betting locations.

Zambito was appointed by the Genesee County Legislature on May 24 to replace longtime director Richard Siebert, who stepped down after learning of the significant changes made by the powers-that-be in Albany to the board’s structure and voting format.

Legislation passed by state lawmakers dismantled the board – forcing county governments and executives to appoint new (or reappoint current) directors – and changed the voting procedure from one municipality/one vote to a weighted system based on population.

The change puts the majority of the “power” in the hands of directors from Erie and Monroe counties and Buffalo and Rochester.

Erie County will have 24 votes, followed by Monroe County (20), Buffalo (10) and Rochester (eight). Niagara County also has eight votes, while Chautauqua has five; Oswego, four; Steuben, Wayne, Cattaraugus and Cayuga, three each; Livingston and Genesee, two each; Wyoming, Orleans, Seneca and Schuyler, one each. The directors will serve four-year terms.

Richard Bianchi (Monroe County), who served as board chair for 13 years, was not reappointed to the board. Others not reappointed are Francis Warthling (Erie County), Paul Lattimore (Cayuga County), Philip Barnes (Schuyler County) and Michelle Parmer-Garner (Buffalo).

Lattimore and Barnes had not attended any meetings over the past four years while Parmer-Garner missed the last 18 meetings and many prior to that.

Directors reappointed to the board are Edward Morgan (Orleans County), Susan May (Wyoming County), Mark Burr (Cattaraugus County), Vincent Horrigan (Chautauqua County), Thomas Wamp (Livingston County), Elliott Winter (Niagara County), Mark Bombardo (Oswego County), Dennis Bassett (Rochester), Richard Ricci (Seneca County), Michael Horton (Steuben County) and Kenneth Lauderdale (Wayne County).

When asked if a chair and vice chair would be elected at the next board meeting on June 22, Wojtaszek said it depends upon if there is a quorum (which, again, is subjected to weighted voting). Morgan was the vice chair of the previous board.

Previously: County legislature chair on WROTB changes: 'Completely unfair, totally unnecessary'

Genesee County Legislature approved the appointment of Charles Zambito as Board of Director for Western Regional Off-Track Betting Corporation Wednesday to fill the vacancy left by Richard Siebert, whose last day was May 2 of this year.

Siebert’s time on the board was a seamless 28-plus year that began on Oct. 3, 1994. Background of his leaving, along with the expected approval of Zambito, was reported first on The Batavian May 22.

The Genesee County Republican Committee recommended Zambito for consideration to fill the vacancy and serve his initial four-year term. 

The Legislature agreed, and appointed the former county judge, of 50 South Main St., Elba, to serve his initial four-year term effective May 24, 2023, through May 23, 2027. He will serve on the Board of Directors of the Western Regional Off-Track Betting Corporation representing the County of Genesee and provided further "that this action shall expire and be deemed repealed four years after such effective date," according to the resolution.

After the county Legislature meeting, the group went into executive session with Zambito and the county attorney for reasons of “pending litigation,” County Manager Matt Landers said. He referred further questions to county Attorney James Wujcik.

The Genesee County Republican Committee is recommending that former County Court judge Charles Zambito fill the vacant position on the Western Regional Off-Track Betting Corp. board of directors.

In a unanimous vote at a meeting last week, the committee acted to submit Zambito’s name for consideration by the Genesee County Legislature.

The process now is for the Genesee County Legislature to vote on a resolution supporting the recommendation at this Wednesday’s meeting at the Old County Courthouse.

Republican Committee Chair Richard Siebert said Zambito’s background as an attorney was a key factor in the recommendation.

Fred Gundell of Batavia also had expressed his interest in serving on the WROTB board, which was disbanded earlier this month per adoption of a bill calling for a restructuring and change to a weighted voting system.

“Chuck was unanimous in what has to do with his background as an attorney, and possibility of litigation that might be taking place in regard to our county having only two votes out of 100 with this new weighted voting format,” Siebert said. “That’s a big issue in Genesee County as we have the casino right here.

“I believe that eventually they're going to try to pursue some sort of court action to try to rectify that. But right now, I think the main thing was Chuck's background (Zambito also served as the acting Supreme Court justice) and the fact his legal experience could help Genesee County rectify some of these wrongs.”

Siebert resigned from the board after learning of the announcement out of Albany that the board was being restructured.

The move has been criticized by local politicians on the Republican side as being a “political power grab” to transfer power to the Democrat-leaning population centers of Erie and Monroe counties and the cities of Buffalo and Rochester.

Previously: County Republicans to interview pair interested in filling WROTB board of directors post

The Genesee County Republican Committee on Thursday night is scheduled to interview two candidates interested in filling the vacancy on the Western Regional Off-Track Betting Corp. board of directors.

Committee Chair Richard Siebert, who stepped down from the WROTB director position after learning of significant structural and voting changes to the board, said he and the seven other committee members have set up a meeting for 6:30 p.m. tomorrow at the Old County Courthouse.

“There are two people that reached out to me that are interested in being the next OTB director,” Siebert said this morning. “The process will be that the Republican Committee will meet tomorrow night and interview the two people who asked for our endorsement.”

Siebert said the candidates are former County Judge Charles Zambito of Elba and Batavian Fred Gundell, who serves as a county election inspector.

“Our purpose is to interview them and then, hopefully, pass a recommendation to our county legislature, which would then also interview them and do the appointment. It should take place very soon,” Siebert added.

See also: WROTB President seeks to put issues in rearview mirror, praises employees for achieving record revenues  

Siebert served as Genesee County’s representative on the WROTB for 29 years. In a May 3 story on The Batavian, Siebert blasted the action by New York State leaders, calling the move, “a blatant effort to take over the jobs that we have at Batavia Downs that are appointed by their merit and not by political affiliation.”

Speaking today, he said that he heard that three other directors also resigned – Paul Lattimore Jr. (Cayuga County), Thomas Wamp (Livingston County) and Richard Ricci (Seneca County) – but speculated that others would be reappointed by their legislatures.

The Batavian confirmed that Susan May has been reappointed by the Wyoming County Board of Supervisors and that Edward Morgan is expected to be reappointed next Tuesday by the Orleans County Board of Supervisors.

Genesee County Legislature Chair Rochelle Stein said that the local governing body is anticipating the Republican Party Committee’s recommendation.

“This is a time when all the counties are all getting reorganized,” she said. “Some have already placed the person back on the board of directors, and others have yet to do it.”

Asked if there has been any talk of a legal challenge to the changes, Stein said, “Not yet.”

“Here’s the problem at this point. There has been no harm caused to the county because nothing has really changed yet. So, until there's been a change that harms us, we are unsure that we have any standing.”

The previous framework of the board was set up by a “Home Rule” law about 50 years ago – giving each municipality that benefits from WROTB one vote.

Genesee County Legislature celebrates Older Americans Month (May 2023) this week, as Legislator Brooks Hawley presents a proclamation to Diana Fox, director of Office for the Aging and Advisory Board member Gina Stella.

Photo by Steven Falitico.
 

Genesee County Legislature members this week recognized the importance of National Developmental Disabilities Awareness Month, which is observed throughout March as a nationwide event. Its purpose is to raise awareness about the inclusion of people with developmental disabilities and address the barriers that those with disabilities face. Inclusion is necessary, advocates say, since about 15 percent of the world’s population lives with a disability.

March has been recognized as Developmental Disabilities Awareness Month since 1987, when President Ronald Reagan issued a public proclamation urging Americans to provide individuals with developmental disabilities “the encouragement and opportunities they need to lead productive lives and to achieve their full potential.” 

Legislator Marianne Clattenburg presented a proclamation during the group's meeting Wednesday in recognition of the month to staff members of Arc GLOW, which serves four counties -- Genesee, Livingston, Orleans and Wyoming -- with programs and services for people with intellectual and developmental disabilities.

According to the Centers for Disease Control and Prevention (CDC), developmental disabilities are defined as impairments in physical, learning, language or behavior areas, and include:  

• Autism spectrum disorders
• Cerebral palsy
• Attention-deficit/hyperactivity disorder
• Learning or intellectual disabilities
• Hearing loss
• Vision impairment
• Other developmental delays 

Photo: Genesee County Legislator Marianne Clattenburg presents a proclamation for Developmental Disabilities Awareness Month to representatives of Arc GLOW during this week's Genesee County Legislature meeting. From left, Martin Miskell, Marianne Clattenburg, Cheryl Englert, and Lisa Bors. Photo by Steven Falitico.

Getting a jump start on October, Genesee County legislators presented a proclamation Wednesday to Michael Burns in honor of Cybersecurity Awareness Month, which begins on Saturday.

The Information Technology director, who was hired in May 2021, was grateful for the acknowledgment but advised folks not to be lulled into complacency the other 11 months of the year.

“I’d like to thank the legislators for understanding the importance in terms of security in general, not only within the county but also within referral support … it’s a reminder to everyone that cybersecurity is not just something that we have. This is something that we have to actively practice, and we are more wired than ever before,” Burns said during Legislature’s meeting at the Old Courthouse. “It's all devices that we carry … they're in our everyday life. The data that we use every day is valuable, and people know it. Some may want to get their hands on that. So we have to oversee and understand that cyber security is not just October, it's every month of every year.”

Legislator Chad Klotzbach read a proclamation regarding how the world has become all things cyber, and people are more "interconnected than ever before but also more susceptible to increased risk of cyber theft, fraud and abuse."

“The county’s IT Department is responsible for delivering secure, accurate timely information and services to county departments, municipalities, residents and visitors effectively and efficiently,” Klotzbach said, reading the proclamation. “Cybersecurity Month provides an opportunity to increase public awareness and understanding of cyber threats while empowering employees and citizens to be safer and more secure online.”

The City of Batavia just received a similar warning during City Council’s audit report earlier this week. That message included being diligent with technology processes, protocols and preventative measures to avoid cyber attacks.

Since 2004, the President of the United States and Congress have declared October to be Cybersecurity Awareness Month, as a way to help individuals protect themselves online as threats to technology and confidential data become more frequent.

The Cybersecurity and Infrastructure Security Agency (CISA) and the National Cybersecurity Alliance (NCA) lead a collaborative effort between government and industry to raise cybersecurity awareness nationally and internationally. 

This year’s theme is “See Yourself in Cyber” to enable people to recognize and understand how prevalent the world of cyber is, whether at work, home or school. The CISA.gov website encourages folks to take four personal action steps to help prevent cyber crimes:

• Enable Multi-Factor Authentication
• Use Strong Passwords
• Recognize and Report Phishing
• Update Your Software

Photo: Genesee County Legislator Chad Klotzbach presents a proclamation this week to IT Director Michael Burns as a prelude to Cybersecurity Awareness Month in October. Photo by Joanne Beck.

The Genesee County Legislature on Wednesday afternoon threw its support behind the community’s cooperative efforts to help those with substance use disorder and to prevent suicides.

The legislature issued a proclamation acknowledging Sept. 4-10 as National Suicide Prevention Week and September 2022 as National Recovery Month – “when millions of people around the world join their voices to share a message of hope and healing.”

Representatives of Genesee County Mental Health Services, Genesee/Orleans Council on Alcoholism and Substance Abuse, Mental Health Association and Genesee County Suicide Prevention Coalition were on hand at the Old County Courthouse as Legislator Gregg Torrey, chair of the Human Services Committee, read the proclamation aloud.

In part, the decree states that county residents “have access to high quality prevention, support, rehabilitation, and treatment services that lead to recovery and a healthy lifestyle, and every day … people begin treatment at behavioral health services and community supports and begin the road to wellness and recovery.”

Furthermore, “Suicide Prevention Week and Recovery Month inspire millions of Americans to raise awareness, build resiliency, and find hope.”

Sue Gagne, a Suicide Prevention Coalition leader, said the proclamation “shines a light on the people who are considering suicide or battling addiction – who often feel very alone in their pain. And it shines a light on all who have lost a loved one to suicide or overdose, allowing them to feel seen.”

Photo: Taking part in the reading of the National Suicide Prevention Week and National Recovery Month proclamation are, from left, Legislator Gregg Torrey; Bob Riccobono, clinical director of Genesee County Mental Health Services; Cheryl Netter, Nickole Millette, Sue Gagne and Amy Kabel of GCASA; Diana Bucknam of the Mental Health Association and Genesee County Suicide Prevention Coalition, and Rachel Mieney, clinical social worker of Genesee County Mental Health Services. Photo by Mike Pettinella.

Business is booming this summer at Genesee County’s six public libraries, which are having to adjust their budgets to account for rising costs of materials – especially when it comes to eBooks.

Two local librarians – Kim Gibson of Haxton Memorial Library in Oakfield and Diana Reding of Corfu Public Library – joined Thomas Bindeman and Lisa Erickson, officials with the Lockport-based Nioga Library System, at the Genesee County Legislature’s Human Services Committee meeting earlier this week to submit a request for funding and update lawmakers on library activities.

The county appropriates funds to each one of the six libraries to support the purchase of materials such as computers, books, music, movies and magazines. For 2023, the libraries are asking for $41,680 (the same amount as last year), which represents about 13 percent of their cumulative budgets.

Broken down by library, the dollar amounts are as follows:

• Byron-Bergen Public Library, $4,570 requested, $32,780 materials budget, 13.94 percent;
• Corfu Public Library, $3,500 requested, $16,255 materials budget, 21.53 percent;
• Haxton Memorial Library, $3,200 requested, $10,000 materials budget, 32 percent;
• Hollwedel Memorial Library, Pavilion, $1,950 requested, $14,700 materials budget, 13.27 percent;
• Richmond Memorial Library, Batavia, $22,210 requested, $182,210 materials budget, 12.19 percent;
• Woodward Memorial Library, Le Roy, $6,250 requested, $62,000 materials budget, 10.08 percent.

The bulk of funding for the libraries comes from the residents of their municipalities. In the case of Corfu, Hollwedel, Richmond and Woodward, their budgets are put to a public vote. With Haxton and B-B, the town/village provide most of the funding at this point, but progress is being made toward changing the designation of those libraries to enable a public vote.

Bindeman said libraries are being challenged by increased costs for transportation – “Our fuel expenses are up by $19,000 this year,” he said – and for eBooks, a popular reading option.

“eBooks are costly to libraries,” he said. “People can go online, or they can go online at the library and download them. A consumer could go online and possibly get a book for 15 to 20 bucks, but the library’s cost for the same book might be 80 to 150 dollars.”

He said it’s what publishers and authors call “intellectual content” that drives up the price.

“Publishers and the authors feel that if a library gets it, they're getting ripped off because it's in the electronic world. And they feel once it gets on the internet, people will lift the book and all that,” he said. “And plus, normally if a consumer buys an eBook, he or she will only read it once or twice. And they see if a library buys it, it's going to have multiple uses.

“So, they're going to lose money on that, and that's why they charge so much. Also, we really don't own the book. It's only a lease for two to three years.”

He said electronic publishers “control the agenda” and it’s hurting the library system.

“We really don't have much voice. Because eBooks cost more for libraries, that means we won't be able to buy as many titles (books in print),” he noted. “Sometimes, it's kind of counterproductive to whatever they're thinking.”

Gibson and Reding used terms such as “amazing” and “come full circle” as they described how their libraries have bounced back from the COVID-19 pandemic regulations that severely limited onsite interaction.

“We're getting back to pre-COVID levels -- getting our hours back to pre-COVID hours and getting staff and all that back to normal, whatever normal might be,” said Bindeman, who has been with Nioga for more than 40 years, the last 17 as the system’s director.

He said the Genesee libraries appreciate the county’s funding, understanding that government entities are facing similar financial challenges.

For more about the Nioga Library System, a non-profit cooperative library system that supports the 21 independent public libraries in Niagara, Orleans and Genesee counties, go to www.niogalibrary.org.