genesee county

Press Release:

The Genesee County 4-H Program is now accepting registrations for its 2022 4-H Tractor Safety Program.  The program is open to youth age 14 and over and covers farm safety, tractor safety, tractor operation and other related topics.  

The National Safe Tractor and Machinery Operation Program is a certification program that allows youth age 14 and 15 to be certified to legally operate farm equipment for hire.  After completing the training course, youth will need to pass a written knowledge test and driving test to receive the certification.

The program is scheduled to run Saturdays, 8:00am to 12:00pm, January through April at farm machinery dealerships throughout Genesee County.  The fee for the program is $10 and youth must also be currently enrolled 4-H members.  Registrations are due January 29, 2022.  To register for the program or receive more information, please contact the Genesee County 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 131.  Registration forms are also available online at http://genesee.cce.cornell.edu/4htractorsafety

Genesee County Manager Matt Landers, in response to a record number of new COVID-19 cases on Wednesday, has revised the masking policy for county employees.

Effective yesterday, all county employees are required to wear masks while in county buildings, regardless of their vaccination status. Previously, the requirement was that county employees had to show that they were vaccinated in order to not have to wear an approved face covering.

“We can point to three key reasons why this change has been made,” Landers said last night. “First, Genesee County set a new record for positive cases in one day yesterday (Wednesday) with 82; next we are seeing that 35 percent of the positive cases are vaccine breakthrough cases (those who previously were vaccinated) and, although not confirmed, there is suspected spread of the virus from county employees.”

Landers said he is approaching further policy changes “in steps,” adding that the next step would be to require masking of members of the public in county facilities.

However, he said there would be “no step where we would impose anything on private entities, such as businesses. That would be left up to the state.”

He said he is leaving it up to department heads when it comes to specific buildings.

“At the Office for the Aging (on Bank Street), masks are required for both staff and the public,” he said, noting a higher risk among elderly residents.

Landers did say that once people are seated and kept apart by at least six feet, they can remove their masks.

The county employs about 500 people at various locations.

In a sign of a much healthier housing market, Genesee County is set to distribute nearly $550,000 in mortgage tax revenue to its municipalities – about $128,000 more than it doled out at the same time in 2020.

The County Legislature’s Ways & Means Committee today approved the distribution of $546,430.58 as the county's second payment of 2021 to the City of Batavia, the 12 towns and seven villages. The second payment of last year amounted to $418,882.58.

The breakdown by municipality is as follows:

• City of Batavia, $113,736.69;
• Town of Alabama, $8,328.62;
• Town of Alexander, $24,688.48;
• Town of Batavia, $77,658.07;
• Town of Bergen, $27,694.15;
• Town of Bethany, $14,585.36;
• Town of Byron, $20,905.21;
• Town of Darien, $42,525.02;
• Town of Elba, $21,884.54;
• Town of Le Roy, $57,904.37;
• Town of Oakfield, $20,172.09;
• Town of Pavilion, $19,657.02;
• Town of Pembroke, $38,540.20;
• Town of Stafford, $25,817.67;
• Village of Alexander, $2,510.95;
• Village of Attica, $874.64;
• Village of Bergen, $3,855.28;
• Village of Corfu, $2,322.85;
• Village of Elba, $2,725.09;
• Village of Le Roy, $16,890.31;
• Village of Oakfield, $3,153.97.

$1.7 MILLION IN UNPAID SCHOOL TAXES 

The committee authorized (subject to full legislature approval) the inclusion of more than $1.7 million in unpaid 2021-22 school taxes into the 2022 county and town tax levy.

The unpaid amounts range from $70,774 in the Town of Oakfield to $311,239 in the Town of Le Roy. Unpaid taxes in the Town of Batavia amounted to $97,466.

Another $135,000 in unpaid village taxes will be relevied as well, with the Village of Le Roy accounting for the bulk of that total ($119.800).

 

Press Release:

Sheriff William A. Sheron, Jr. is pleased to announce the appointment of Diana M. Prinzi to the position of Program Coordinator at Genesee Justice, a  division of the Genesee County Sheriff’s Office. Mrs. Prinzi is a retired, 22-year veteran of U.S. Immigration and Customs Enforcement where she held the positions of Detention Officer, Lead Detention Officer, Deputy Chief, Deportation Officer, Supervising Deportation Officer, and Assistant Field Office Director.

Mrs. Prinzi is a Batavia native and a 1986 graduate of Notre Dame High School. In 1990, she graduated with a Bachelor of Arts Degree, Magna Cum Laude, in Criminal Justice, from SUNY Brockport. She resides in Genesee County with her husband, Samuel. Diana was recently hired in February of this year as a part-time Community Services/Victim Assistant at Genesee Justice.

"I am excited to have someone with such character and experience lead Genesee Justice and look forward to working with Diana. She will assume the duties of Program Coordinator as of January 3, 2022," stated Sheriff William A. Sheron, Jr.

Press Relase:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider a final resolution for a proposed $4.5 million financial investment by Valiant Real Estate USA Inc. for a bus operations facility in the town of Batavia at its board meeting on Thursday, December 2, 2021.

The 20,000 sq. ft. facility would include office space, training space, repair areas and storage in order to support school districts and school bus operators across Genesee County. The project would include infrastructure to support future utilization of electric/clean energy vehicles and related initiatives.

The facility would be located on Saile Drive in the town of Batavia. Over the next three years Valiant Real Estate USA Inc. plans to create up to 19 new jobs and 12 part-time jobs. 

The GCEDC Board also will hear an initial resolution to consider the purchase of a vacant 142,000 sq. ft building in the city of Batavia by Mega Properties Inc., which plans to develop the building into a warehouse distribution facility. 

The potential $8.5 million financial investment by Mega Properties Inc. would retain nine full-time employees and the creation of up to 11 new jobs. The project would receive approximately $600,000 in property, sales, and mortgage tax exemptions. 

“There is a huge demand in the marketplace for operations and warehouse space not only regionally but across the nation,” said GCEDC President and CEO Steve Hyde. “The dynamics of supply chain economics is impacting every industry sector and the need for more storage and distribution space is vital to future economic development.”

A public hearing regarding the Mega Properties Inc. plan will be held at 4 p.m., December 2 at the Town of Pembroke offices on 1145 Main Road in Pembroke.

The December 2, 2021, GCEDC Board meeting will take place at 4 p.m. at 99 Med-Tech Drive.

A livestream and on-demand recording of the meeting also will be available at www.gcedc.com.

When it comes to the Genesee County Airport, Tim Hens sees himself as a public servant with a private sector mentality.

And that philosophy has worked quite well over the past 20 years, according to the county highway superintendent, as the airport has been upgraded and modernized without a single dollar coming from county property tax revenue.

Hens gave The Batavian a tour of the sprawling facility along East Saile Drive in the Town of Batavia last week, pointing out the various buildings and providing insight into the funding of the operation that currently houses 68 aircraft, including single-engine planes, helicopters and “decent sized corporate jets.”

The county’s plan back in 2001 was to privatize the airport, Hens recalled.

“We were going to put the management of the airport out to bid to see if we can get a company to do it,” he said. “And our bids were out on the street, literally, as 911 happened. And if you remember back to 911, the whole airline industry and aviation industry just crumbled and shut down. It was not a good time to have a bid package out for airport management.”

Hens, who had recently been hired (he’s also the county engineer), said the county did not receive any responses to their request for proposal.

“So, by default, the county stepped in,” he said. “And I proposed that we hire some county employees and manage it. And luckily, it has worked out very, very well. We actually ended up sticking with that process for the last 20 years.”

As a result, Hens is able to use his business management skills to market the facility, assist in the bookkeeping, filing sales tax and supervising maintenance and upkeep.

“It’s like owning your own little business,” he said. “We've got employees to manage, we're selling fuel, we have to look at pricing, we’ve got to look at our competitors. It’s so different than my highway job where it's just fix what we got and plow the snow – and we do plow snow out here, too.”

Ownership of the airport enables the county to control its own destiny, Hens said.

“We have found that we could take in all the revenue, as opposed to paying it out to a management company or a private business to run the airport,” he said. “We were getting the full benefit of the revenue and could control our expenses. Plus, things move much faster – such as expanding the runway and other business decisions.”

The staff at the airport (other than Jeff and Carol Boshart of Boshart Enterprises; see accompanying story) consists of two full-time employees – manager Jason Long and airport attendant Ron Stringham – and a couple of part-timers who fill in during holidays and weekends.

The airport features a two-story main terminal that, along with the main hangar, was built in 2015 as part of a $4.9 million project, Hens said. The county received a grant for $300,000 and the remainder was bonded over 20 years.

The main terminal features a foyer, training rooms, pilot lounge, P&L Air flight school, break rooms and several offices. The main hangar, which is used by Boshart Enterprises, measures 100 by 120 feet with a 30-foot high ceiling.

Located to the west are six corporate hangars – three of which are owned by Genesee County and three that are privately owned – and five T-hangars that were built in 1997, 2008, 2011, 2015 and 2020. Those contain 46 separate smaller hangars, with one of them rented by Mercy Flight for its helicopters.

Hens said the facility is part of the county’s transportation and infrastructure operation, and is utilized by numerous local companies, including Milton CAT, Tompkins Financial, National Grid, Western New York Energy in Medina, Six Flags Darien Lake, HP Hood and Lamb Farms.

“It gets way more use than people think,” said Hens, an Air Force veteran who attended the Air Force Academy in Colorado – and has flown jets. “The best thing about it is that zero property taxes are put toward the airport.

“People say they are funding the hobbies of the rich. That’s not true. It’s a self-sustaining, self-paid-for operation. Since 2001, Genesee County has received $32 million in federal and state aid for the airport.”

He said that 95 percent of the funding is covered in most cases.

“The money is going to go somewhere, it might as well come here,” he said, adding that funding for the facility is based entirely on airline user fees through an airport trust fund.

“Our fuel sales and rental fees pay for the airport operation. We are showing an annual surplus of $80,000 to $100,000, and that money goes back exclusively for airport expenses and improvements.”

Hens said the county is planning to develop more of the land at the west end. In September, it applied for a $13 million grant to build a large hangar at the corner of State Street Road. It would be 100 percent funded by New York State through the Upstate Airport Economic Development and Revitalization initiative.

“It’s a ‘If we build it they will come sort of thing.’ We need the hangar for larger jets of corporate site selectors who are representing businesses looking to locate here.”

Genesee County’s ability to run its own airport and turn a profit hasn’t gone unnoticed by officials of other counties, Hens said.

“I think, to this day, we are one of the few airports in upstate New York that make money. We get a lot of calls and I've done presentations as far away as Lake George as to what are you doing at your airport? How come you are successful? So, I think you're seeing more and more municipalities get involved in their airport operations.”

Although the county owns the airport, there is an opportunity for an entrepreneur to come in at the main terminal.

“We’ve got a small space carved out on the second floor for a café and sandwich shop with a seating area,” Hens said. “We’re looking for someone to run it.”

Photo at top: The main terminal at the Genesee County Airport on East Saile Drive. Photos by Mike Pettinella.

The main terminal lobby and County Line Service office.

Based aircraft at the Genesee County Airport, including a plane from the Civil Air Patrol.

T-Hangars. Forty-six individual units are rented at the airport.

The main terminal and main hangar were built in 2015.

View from second floor of the main terminal, looking northeast at fuel tanks and runway.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The City of Batavia is staying with Grove Roofing Services of Buffalo as it embarks on replacing the flat roof portions of its police station at 10 West Main St.

City Council, at Monday night’s Business Meeting at the City Hall Council Board Room, approved a resolution awarding a $102,890 contract to Grove Roofing and also to expend an additional $25,000 from the Facility Reserves fund as a contingency to the project, which is being managed by Architecture Unlimited of Clarence.

City Manager Rachael Tabelski reported that six bids were received, ranging from Grove’s price listed above to $190,000.

According to a memo from Maintenance Superintendent Ray Tourt updated on Nov. 2, Grove Roofing has successfully completed the City Centre Roof I project and is almost done with the City Centre Roof II project.

“We have generally been satisfied with their work and are confident they can perform the work on the PD Flat Roof Replacement,” Tourt wrote.

He advised that the existing roof sections over the 1960s addition and over the rear vestibule are in need of replacement at the current police station in the Brisbane Mansion (pictured above). His memo indicates that the roof is no longer waterproof and the insulation is saturated.

In other developments, Council:

• Approved an amended fee schedule to adequately compensate the city for the cost of inspection and processing of construction permits and related licenses. The changes will take effect on Jan. 1, 2022.

Assistant City Manager Jill Wiedrick, who coordinated the process, said the bulk of the changes focused on establishing flat fees to make these types of costs “more predictable.”

The fees cover construction, additions, alterations and renovations for both residential and commercial projects in areas such as roofing, window and door replacement, driveways and parking spaces, siding, fences, utility sheds, pools, central air conditioners, electric generators and heating systems.

Other covered areas are demolition, dumpsters, commercial and residential building permits, engineering cost recovery, certificate of occupancy/compliance, signs, zoning, land subdivision, a variety of plumbing fees and permits, and contractor licensing.

Council member Robert Bialkowski said the changes are necessary as an “equalization” measure and to bring the fees in line with the time spent by city staff. He added that the city’s new computer software will make the process more efficient.

All Council members except Rose Mary Christian voted in favor of the amendments. Christian reiterated what she had said at a previous meeting that now was not the time to put more financial burdens on residents.

• Approved resolutions that put the city in position to partner with Genesee County to apply for a Water Infrastructure Investment Act grant that would pay up to 40 percent of needed improvements at the Batavia Water Treatment Plant. The measures stipulate that the city would be the lead agency in the grant application process.

Tabelski said the grant would allow the city and county to apply for the full amount of the project, which actually is many projects rolled into one at an estimated cost of $3.4 million. If awarded, the grant would cover about $13.6 million of the total expense.

She also said the county will fund the WTP projects in cash on a quarterly reimbursement basis to the city per the municipalities’ 2019 Operation and Maintenance agreement. City staff currently operates and maintains the facility, while the county assumes responsibility for those costs.

• Heard that Tabelski will be getting together with a work group on Nov. 23 to go over submissions received in regard to naming rights of the Batavia Ice Arena on Evans Street. She said that she knows of at least one entity (business) that responded to the request for proposal. The timetable calls for a recommendation to be made to City Council in December or January.

For the fifth year in a row, Batavia City School District leaders will be taking an extra day to honor veterans in Genesee County for a Veterans Day Ceremony, Batavia High School Band Director Jane Haggett says.

“The Batavia High School community believes our veterans need to be recognized for their service to our country,” Haggett said to The Batavian. “They are the reasons why we can continue to be the home of the brave and land of the free.”

The event is set for 8:15 a.m. Wednesday, a day before the official Veterans Day, at the high school, 260 State St., Batavia. 

COVID-19 protocols have dictated a portion of the day to be outside, she said. Activities include a flag-raising ceremony by Batavia Boy Scouts, an audience participatory Pledge of Allegiance and a performance of the national anthem, otherwise known as the “Star-Spangled Banner,” by BHS Concert Band.

Amateur poet Francis Scott Key penned the first verse of the anthem after witnessing the American flag still flying proudly amidst an attack on Fort McHenry in 1814.

“O say can you see, by the dawn’s early light,
What so proudly we hail’d at the twilight’s last gleaming,
Whose broad stripes and bright stars through the perilous fight
O’er the ramparts we watch’d were so gallantly streaming?
And the rocket’s red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there,
O say does that star-spangled banner yet wave
O’er the land of the free and the home of the brave?”

Keynote speaker Charles Williams, a BHS 2014 graduate, is slated to say a few words about his reason for serving in the United States Navy, and how that service helped shape his life. Williams is a Master at Arms Petty Officer Second Class.

Veterans will then be treated to a more formal concert and ceremony in the school’s auditorium. The high school’s band, orchestra and chorus are to give a musical tribute, and veterans in attendance will be introduced, Haggett said.

The district’s essay contest winner (yet to be announced) will recite the winning entry about “Why Veterans Day is important to me.” This event culminates with a reception for veterans and anyone else involved in the ceremony, she said.  

If you are a veteran and interested in attending this celebratory event to acknowledge the service provided to U.S. citizens, contact Haggett at JHaggett@bataviacsd.org or call 585-343-2480, Ext. 2134 to make arrangements.

Ceremonies on Veterans Day, Nov. 11

Genesee County ceremonies are set to begin at 9 a.m. Thursday at Genesee County Park in East Bethany, followed by Batavia VA Medical Center at 10 a.m. and the New York State Veterans Nursing Home at 10:15 a.m., both on Richmond Avenue, Batavia, the Upton Monument at 11 a.m. at routes 5 and 33, Batavia, and ending at 11:30 a.m. at the Jerome Center monument at the corner of Bank Street and Washington Avenue in Batavia. Participating organizations include Veterans of Foreign Wars of Genesee County, Genesee County American Legions, Marine Corps League - Hansen Brothers Detachment, and Vietnam Veterans of America, Chapter 193.

Tops markets has also announced that there will be an 11 percent discount for veterans on Veterans Day.

 

Press release from Genesee County Manager Matt Landers:

As Genesee County Manager, I am pleased to present the 2022 recommended budget for the Genesee County Legislature to consider.  This budget funds County government in an efficient and responsible manner, while making key investments which will help deliver better service to the residents of Genesee County.  The recommended budget stays under the NYS tax cap, while covering a lengthy number of expensive State mandates of which we have little to no control.  Assembling a budget for the second year in a row dealing with a global pandemic and all of its uncertainties has certainly been a challenge, but the staff from the Manager’s Office, Treasurer’s Office, Legislative Office and Human Resources Department all came together to help me deliver my second recommended budget as County Manager.  These core central departments were instrumental in me being able to deliver a budget that stays under the tax cap while meeting the needs of the residents of Genesee County.

There is going to be a uniform theme over the next several County budgets with a consistent message coming from the Manager’s Office, which centers on the new County jail and the County’s constant race to keep water supply ahead of demand.  The County is embarking on two of the largest capital infrastructure projects in its history with a new County jail carrying a price tag of approximately $70 million and phase three of the County wide water system and its current projected price tag of $85 million.  These two projects are going to weigh heavily on the decisions made by the Manager’s Office and County Legislature for the foreseeable future, which is even evident in the 2022 proposed County budget.

County departments were instructed to once again do more with less, be creative and think outside the box in trying to keep their net County support impact to the same level as the 2021 budget.  This was a challenge considering health insurance premiums were once again increasing while spiking inflation and supply chain issues are causing vendor contracts to increase.  Despite these increases, I was pleased to see the majority of departments hold the line on spending, which helped greatly in delivering a budget that stays under the tax cap.

Budget Highlights  

The 2022 recommended All Funds budget for Genesee County totals $158,502,898, which is $15,298,219 more than the 2021 adopted All Funds budget.   The 2022 recommended General Fund (operating) budget is $119,394,176, which is $9,118,039 more than the 2021 adopted General Fund budget.  The majority of the increase in the All Funds budget is from Phase 2 water infrastructure expenditures, new hires in the Public Defender’s Office, Jail and Highway departments, strategic Information Technology department investments, increases in the Public Health budget for combatting COVID-19, and a reserve set aside to go towards the construction of the Genesee County jail that has a spring 2022 planned ground breaking.

I am proposing a property tax levy of $32,130,246, which is an increase of $678,519 or 2.16%.  For the median residential household in Genesee County with an assessed value of $122,935 this amounts to $24.33 of property taxes.  The average County property tax rate in Genesee County would go down from $9.80 to $9.37 or 4.39% in the recommended budget.  For the median residential household in Genesee County assessed at $122,935, that did not have an assessment change from 2021, this will result in a net tax decrease of $52.86.

The recommended budget includes usage of $1,396,675 of unappropriated fund balance, a decrease of $1,011,092 from the 2021 adopted County budget.  The budgeted fund balance utilization is in line with past budgets.

The 2022 recommended budget includes a continued commitment in increased funding for our roads and bridges infrastructure annually by $1 million.  Deferred maintenance on the County’s infrastructure is getting to a critical point and the cracks are showing, literally, as evidenced by recent bridge closures. This continued commitment of an extra $1 million is a big step in addressing the deferred maintenance of the County road and bridge infrastructure.

As we come out of the worst days of the pandemic the economy is showing positive signs of recovery, which is allowing the County to make long overdue improvements which will, in turn result in better service delivery to residents.  Some of these new positions are mandated, such as the four new corrections officers as part of the required transition team for the new County jail. Some of the positions are fully grant funded, such as the assistant public defenders and social worker in the Public Defender’s Office.  While the remaining are long overdue investments that a 21st century County government should make.  We are investing in new positions in Information Technology, Administration and the Highway Department.  In addition to these new positions, the budget reflects a full year cost of new positions created in the 2021 budget, but were only budgeted for a half year in 2021.  These new positions were established in the Human Resources Department, County Manager’s Office and the Veteran’s Department.        

Budget Challenges

While there were familiar challenges faced in this budget such as rising wages and healthcare costs along with the usual costly state mandates, two large issues looming for not only the 2022 budget but future budgets as well is the new Genesee County jail and the challenge for Genesee County to keep water supply ahead of demand through the construction of phase three of the County wide water system:

Health Insurance Cost Increases – Rising health care costs have caused a necessary 4.5% increase in plan premiums. 85% or more of that premium increase is absorbed in the various County departmental operating budgets, resulting in an overall healthcare cost increase in the 2021 recommended County budget. 

Wage Increases – Rising wages in every sector has made recruiting and retaining qualified and capable County employees more challenging.

Mandates – Approximately 81% of the 2022 recommended property tax levy is made up of State mandated expenditures to fund departments/programs such as Medicaid, Probation, the Jail, Public Defender’s Office, Assigned Counsel, Social Service programs, Mental Health, Early Intervention, 3-5 Preschool services, and various others.

New Genesee County Jail – Ground breaking for the long overdue new Genesee County Jail is planned for spring of 2022, and with it brings one of the largest capital projects in County history. With a projected all in price tag of approximately $70 million, the debt service estimates are approximately $3.5 million annually.  In addition to the debt service, projected increased operating costs are over $1 million annually.  While the majority of these fixed and operational increases will hit in the 2023 budget, the hiring of four new corrections officers, a new full time nurse at the jail and a new position in Facilities Maintenance are all being done in the 2022 budget and all of these positions are part of the projected operating cost increases for the jail.

Genesee County Water System, Phase 2, 3 & 4 – Genesee County is nearing completion of the $23+ million phase 2 of the County-wide water system, and is quickly designing the $85+ million phase 3 which should hopefully break ground in the next few years. Phase 3 includes bringing in enough water from Monroe County to close the City of Batavia water plant, which draws from a threatened source and has long outlived its useful life.  However, before the plant comes off-line, millions more have to be invested to ensure water supply keeps up with demand until phase 3 is complete.

County Responses to Budget Challenges

With the New York State tax cap in place, which penalizes Counties for enacting an override, options to meet the budget challenges are somewhat limited.  Genesee County has a long history of doing more with less, sharing wherever possible, privatizing operations, deferring needed capital improvements, modestly compensating employees, and providing virtually no post-employment benefits to staff.  After years of cutting to the bone the following actions were available to close the gap for the 2022 recommended budget:

• Fund Balance Utilization – The 2022 recommended budget utilizes $1,396,675 of fund balance.

• Raising the Tax Levy – The 2022 recommended budget raises the levy 2.16% in 2022, which continues Genesee County’s continued adherence to the New York State property tax cap.

Freezing Sales Tax with Towns & Villages – This decision was deliberated by the Legislature in great length. Taking into consideration the substantial capital projects facing the County, the burden of maintaining all of the bridges and culverts in the County, and the track record of making short sighted decisions because of budgetary constraints, the Legislature decided on a figure of $10,000,000 of sales tax to share with Towns and Villages for the remainder of the forty years sales tax sharing agreement with the City of Batavia.  While this amount is less than desirable for Towns and Villages, the County is still able to provide a solid baseline of funding over the next few decades that municipalities can safely budget from. 

Line by Line Review with New Perspective – With new eyes involved in the budget process the last two years there have been new ideas and solutions brought to the table that resulted in savings in various County departments. For the second year in a row I was accompanied by the Assistant County Manager and Executive Assistant in every budget meeting, a process that helps ensure no rock is left unturned. A closer dive into the individual budget lines resulted in significant budgetary savings when aggregated.  We were also able to utilize greater sharing of resources between departments to capture more state aid and reduce the net county share in several cases.

 In Closing

While I am pleased to present a budget that stays within the confines of the New York State Tax Cap and effectively lowers the property tax rate by $.43/1,000, I am not blind to the significant impact the proposed tax levy has on the citizens and businesses of Genesee County.  My time as County Manager has just recently begun and I pledge to work with local governments, community not-for-profits, the business community and local citizens on ways to spend these precious resources as efficiently as possible.

I want to give a special thanks to Vicky Muckle, Tammi Ferringer and Scott German in helping me to prepare this year’s budget.  While all three provided many hours of counsel and debate on how the budget should be structured, Vicky had the pleasure of making countless revisions to the budget and as the seasoned veteran in the office, ensured I stayed on task in delivering this balanced budget.  I also want to thank the Legislature and Chairwoman Stein for their guidance and feedback during this budget season.

I now turn the budget over to the Legislature for their consideration and eventual adoption.  I look forward to further discussion with both Legislators and the community at large, to ensure that the budget meets the needs of this community.

Emphasizing that the Genesee County Legislature has no intention of overriding the New York State property tax cap, County Manager Matt Landers this morning said he expects the tax rate for 2022 to decrease by 53 cents from last year’s figure.

“The rate as of right now, and the only reason the rate would go up if there is any kind of change to the assessments between now and when we finalize the budget in late November, is at $9.37 (per $1,000 of assessed value),” Landers said.

That’s down from the rate of $9.80 in 2021, a drop of about 4 ½ percent.

The tax levy, or the amount to be raised by taxes, is going from $31,451,727 to $32,130,246 – an increase of slightly more than 2 percent.

Landers pointed out that municipalities such as Genesee County can’t raise their tax levies by more than the 2 percent tax cap.

He said his office is finalizing the All Funds and General Fund spending plans, but indicated both will go up compared to 2021.

“I will have those numbers when I file the budget on Friday,” he said, indicating that his office will be issuing a press release tomorrow.

Genesee County is using $1.4 million of its unexpended fund balance in 2022, down from $2.3 million utilized in 2021.

Landers said the new Genesee County Jail – with groundbreaking set for next spring – is a key part of the 2022 budget.

“We don’t have any debt service in the 2022 budget because we’ll be borrowing for the jail in '22,” he said. “Debt service will come out in 2023.”

There are line items in next year’s budget, however, for four new corrections officers – positions that are part of a jail transition team required by the state Commission of Corrections to be in place prior to groundbreaking.  

“We’ll pick four us our more experienced COs to work on that, and that’s all they work on,” Landers said. “Then, we’ll backfill and hire four positions that we create. These positions will be kept on with the new jail because there’s an expected staffing increase with the new county jail.”

The county is planning to spend about $70 million on a 184-bed jail on West Main Street Road, just east of County Building 2. The facility will include a backup E-911 Center.

Two full-time nurses will be on duty at the new jail, an upgrade from the current one full-time nurse and one part-time nurse, Landers said, and four new positions will be added at the highway department – two seasonal and two full-time positions – to focus on tree cutting.

“We’re going to dedicate a tree crew that will work year round, working on the backlog of trees that have been devastated by the ash borer,” Landers said. “Trees are in the right-of-way and need to be cleared for safety purposes.”

As a Genesee County legislator representing the rural towns of Elba, Byron and Bergen, Christian Yunker said people are constantly coming up to him to ask when they will be getting broadband internet service in their area.

“What do I tell them?” Yunker asked on Monday, pointing his question to Paul Gavin, the just-hired executive director of the Genesee/Finger Lakes Regional Planning Council.

Gavin was at the legislature’s Public Service Committee meeting at the Old County Courthouse to introduce himself and inform the committee of some of the agency’s priorities heading into 2022.

He was joined by Jay Gsell, the former longtime county manager who was employed as G/FLRPC’s interim executive director over the past year, and Richard Sutherland, a planner with the organization that serves the nine Finger Lakes Region counties, including Genesee, Livingston, Orleans and Wyoming.

Gavin’s reply focused on initiating a broadband internet gaps analysis, which could take up to six months to complete, and then lining up financing, addressing any issues that invariably will pop up, and contracting with an Internet Service Provider.

“I would tell them that we’re at least a year away,” Gavin said, adding that the process would be shortened with the use of local and/or state funds. “(By having to obtain) federal funding, it takes longer.”

Gsell, who was charged with streamlining the agency’s operations in the temporary role, said that Genesee and Wyoming counties have yet to reach a level where they can take a broadband internet plan to a third party (such as Spectrum or Empire Access).

County Manager Matt Landers said Genesee has “already informally set aside a portion of our ARPA (American Rescue Plan Act money) to go toward this.”

“I know that some of our towns are better positioned – and have some funds set aside – to implement it,” he said.

Sutherland said that New York has authorized a broadband gap study for every county, looking for citizen participation to determine internet speed, availability in certain areas and what people would be willing to pay for the service.

He said the state’s Public Service Commission is hoping to complete the study by May 2022.

Landers said Genesee can’t enact a plan without countywide data of where the gaps are with all of its providers – noting that most information is proprietary.

It’s important to know the financial means of the towns and “critical to have that data first,” he said.

Gavin suggested that counties pressure the PSC by emphasizing the urgency in getting something done and to work with the G/FLPLC to implement a strategy that works best.

A Dunkirk native, Gavin is joining the regional planning council after holding a similar position with the Gulf Regional Planning Commission in Biloxi, Miss. Previous to that, he worked for the Port of Pascagoula (Miss.) and Department of Transportation in New York and Nebraska.

He is a graduate of the Merchant Marine Academy and St. Bonaventure University. He and his wife and daughter will be residing in the Rochester area, he said.

Gavin credited Gsell for his role in the G/FLRPC’s designation as an Economic Development District.

“That’s important … as it allows you to spend economic development administration funds and, as you know, they’re really flowing from the federal government right now,” he advised.

He said the G/FLRPC is available to assist counties with grant writing, strategic planning, land planning.

“We want you to turn to us and look for us to help you. Yes, you can go to consulting firms and yes, they will do a fabulous job, and yes, you will pay much, much more for that service that we can provide for you,” he said.

Gavin and Gsell said the agency is seeking a 10 percent increase in annual county contributions, from $9,600 to $10,600. The last increase came in 2002.

“The preliminary 2022 budget draft includes many operating expense reductions and continues our long-term history of strategic yet frugal budgeting and cost containment,” Gsell reported.

Photo: Jay Gsell, left; Paul Gavin and Richard Sutherland. Photo by Mike Pettinella.

Genesee County legislators, substance use disorder and mental health professionals have a million reasons to celebrate today after meeting New York State Attorney General Letitia James at The Recovery Station on Clinton Street Road.

James is conducting a statewide tour to recognize communities for their efforts in fighting the opioid epidemic and to distribute funds awarded to New York through a settlement with opioid manufacturers and distributors. This afternoon, she presented oversized ceremonial checks in Waterloo, Rochester and Batavia.

For Genesee County, that amount is $1,060,280.71.

“Addiction doesn’t discriminate and transcends all political boundaries and affiliations and artificial constructs,” James said. “This really is a demonstration of what government should do, and that is provide for the needs of New Yorkers and the constituents that we all serve. And to hold those individuals responsible for what they did; we hit them in the pocketbook.”

James said her office “closed down pharma … and five manufacturers and three distributors of this poison.”

Unfortunately, she said, overdosing continues to be a huge problem.

“We’re seeing more overdoses because we know that individuals who use opioids sort of walked into the use of heroin, which is now laced with poisonous fentanyl,” she advised. “So, whatever we can do in our capacity to provide you with additional services, with some medically assistance treatment to assist those who are dealing with not only with opioid use disorder but mental illness.”

Assemblyman Steven Hawley thanked James for her role in the settlement and her “attention to all folks who are having problems with addiction.”

“It doesn’t really identify geographic areas for folks who are having trouble with addiction – whether we live in an urban area or a rural area or a suburban area. It doesn’t matter what you’ve done for a living. It can get everybody …” he added.

Legislature Chair Rochelle Stein, speaking for families “that have been torn apart,” touched upon the significance of James’ tour.

Stein pointed out that Genesee is one of the few counties that operates a mental health department with its own clinics.

“We are struggling, quite frankly, in getting the clinicians. That is a real need,” she said. “If we could get some help there in getting folks into our state or even support for those positions, so that we could have more people available to us to help provide those services.”

James brought up that she has been hearing that the state agencies of the Office of Addiction Services and Supports and the Office of Mental Health do not work together and operate under regulations that often conflict with one another.

Lynda Battaglia, the county’s director of Mental Health & Community Services, said the agencies on a local level have excellent working relationships.

“We collaborate … for the greater good. As we move forward, everybody has the same mission,” she said, later adding that the COVID-19 pandemic has rippled through the industry, causing waiting lists into the hundreds for services due to the adverse effects on delivery and the strain on mental health and substance use counselors.

John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse (which operates The Recovery Station), explained that in Genesee County, several agencies meet on a regular basis, sharing information to increase efficiency across the various sectors.

“Criminal justice, judges, services, community-based organizations, medical care workers – we’re at the table and we talk to each other,” he said. “We try not to let anybody drop through the cracks. We don’t have a ton of services but what we have, they get utilized.”

James said it’s important to not engage in “victim blaming and to be compassionate.”

She said her office is looking at this as a health crisis, reiterating Genesee County’s belief that the funds can be used only for treatment, prevention, education, outreach, etc.

“Unlike the tobacco settlement of old (where) the funds were used for roads and bridges and lights,” she said. “I don’t have anything wrong with roads and bridges and lights – they serve their purpose and hopefully that infrastructure money (federal bill) will build more of them. But these funds have to be related to the litigation and also to assist you in expanding services, and maybe, giving people some raises because they do the work of the angels.”

Bennett mentioned that GCASA is hoping to open its new detoxification center by the first of the year and is advertising for 25 positions, mostly nurses.

“It’s challenging. Right now, we’re biting our nails, going through resumes,” he said.

In closing, James said her goal was to “shine a light on what all of you do here.”

“I come from New York City and half the time the attention is on the city, but we need to focus on rural communities, rural counties because there’s a demand here -- and they cannot be ignored; they cannot be invisible.”

County Manager Matt Landers said the county’s intent is to use the money as directed by the settlement.

“We’ll have interested stakeholders come together to build a consensus on how best to tackle this problem,” he advised.

James said the Finger Lakes Region (Monroe and surrounding counties) will be receiving $53,124,938 from the settlement.

Her plan is to travel to Buffalo, part of the Western New York Region, on Friday.

Photo at top: State Attorney General Letitia James speaks with County Legislature Chair Rochelle Stein, left; GCASA Executive Director John Bennett, and Assemblyman Steven Hawley. Photo at bottom: Presentation of a check to the county to combat the opioid epidemic.

With attendance of more than 625,000 and wagers approaching $700 million this year alone, Batavia Downs Gaming has established itself as a regional pastime and -- as the driving force behind Western Regional Off-Track Betting Corp. -- a significant source of revenue for Genesee County and the 16 other municipalities that it serves.

Gaming in Batavia is at a fever pitch, said Jacquelyne Leach, chief financial officer for WROTB, the public benefit company that owns the Park Road gaming and harness horse racing track as well as The Hotel at Batavia Downs.

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

Genesee’s WROTB Director Addresses Recent Issues

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

“We’re anticipating record third-quarter earnings distributions of about $3 million, and we’re not done closing out September numbers,” Leach said. “When you add in the $1.2 million in earnings distributions from the first two quarters, this year is going to approach the $4.4 million generated in 1995 – and that was during the heyday of pari-mutuel wagering at OTB parlors.”

Although harness racing’s popularity has decreased over time – it once was the only “game” in town -- the sport serves a vital purpose in the overall scheme of things, Leach pointed out.

“As of right now, we have to have a valid racing license to secure our video gaming license,” she said. “If you don’t have a racing license (through the New York Gaming Commission), you can’t have a video gaming license.”

WROTB operates 27 off-track betting branches, 26 E-Z Bet locations and a telephone wagering service in 15 Western New York counties. As dictated by legislation, it contributes a portion of earnings plus surcharges to those counties and the cities of Buffalo and Rochester.

Leach said municipalities also earn monthly revenue from what is known as surcharge. Thus far in 2021, more than $450,000 have gone out in surcharges with another $130,000 or so expected for the third quarter, she advised.

$109,000 TO GENESEE COUNTY IN 2021

Genesee County will receive approximately $93,000 in earnings and $16,000 in surcharge for 2021, Leach predicted, adding to the nearly $13 million it has received from WROTB revenue since 1974. The other GLOW counties of Livingston, Orleans and Wyoming are among the member municipalities.

In her 33^rd year at the Downs, Leach explained that 5 percent of winning wagers made at WROTB/E-Z Bet locations is distributed to the member municipalities based on the member’s “proportionate handle and population to WROTB as a whole.”

“For wagers placed at racetracks within New York State, 50 percent of the surcharge is distributed to the municipalities in which the racetrack is located (in this case, Genesee County) and 50 percent is distributed to the other participating member municipalities,” she said.

All of these distributions are separate from what Batavia Downs Gaming generates in sales taxes that go into Genesee County’s coffers.

“Things are really ramping up,” Leach said, reasoning that people are staying closer to home to whet their gambling appetites. “Since COVID, people aren’t traveling as much to Las Vegas. It’s more of a localized, 2-2 ½ hour drive. So, we’ve become a regional destination.”

The Bennington resident said the corporation keeps about 8 percent of the total played at the Video Lottery Terminals at Batavia Downs Gaming and through Inter Track Wagering, which, from 2001-2020, totaled a staggering $8.45 billion.

“Generally speaking, patrons have about a 92 percent chance of winning, with pari-mutuel (OTB branches, etc.) bettors having about a 75 percent chance of winning,” she said.

LEACH: ‘FOCUSED ON TASK AT HAND’

Calling it “an incredible turnaround from 2020,” Leach credited the Batavia Downs Gaming staff for creating a welcoming atmosphere.

“I can’t say enough good about the WROTB staff. Our employees work hard and are dedicated. They definitely are our best assets,” she said.

The corporation lists 385 full- and part-time employees, Leach said, with an annual payroll of about $12.5 million.

Leach (salary of $157,000) is one of four officers, the others being Scott Kiedrowski, vice president of operations ($119,000); William White, vice president of administration ($119,000), and Henry Wojtaszek, president and chief executive officer ($212,000).

“As part of the upper management team, our responsibilities have grown over the years and, despite a lot of negative stuff, we have stayed focused on the task at hand – to provide a good experience for all who enter Batavia Downs Gaming,” Leach said. “We want them to come back and have a great time here. And I think that we’re very customer service oriented, and I think, that based on the numbers, we’re certainly doing something right.”

The “negative stuff” that she was referring to includes recent audits by the state Comptroller’s Office that pointed to a lack of oversight by WROTB’s board of directors regarding distribution of sporting event tickets and use of a company vehicles from 2016-2019.

Audit findings have prompted Democratic Party leaders in Niagara County to call for criminal investigation into the way the public benefit company is operated.

LAWSUIT BY EX-EMPLOYEE CONTINUES

Additionally, Wojtaszek and Board Chair Richard Bianchi are defendants in a lawsuit by a former WROTB officer Michael Nolan, who claims he was terminated from his job without proper cause, and the board of directors has been maligned in the press for accepting health insurance policies that cost the corporation hundreds of thousands of dollars in annual premiums.

Wojtaszek said the lawsuit is “personally and politically driven” but it won’t deter him and his staff from focusing on “great customer service.”

“That’s why we’ve been successful,” he said.

Concerning the audits, he said WROTB directors asked the Comptroller to conduct it and to provide recommendations.

“We’re following those recommendations; we know that we can always improve,” he said.

On the health insurance issue, he said that the board received “differing opinions on whether or not it is allowed,” but decided to remove it going forward as a “show of good faith to address a situation that kept occurring.”

In June, directors voted unanimously to discontinue giving health insurance to board members appointed after July 1, 2021.

He praised the work of the board, stating that the “fruits of directors’ labor” are the record numbers being achieved.

Leach defended the board as well, noting that they receive just $4,000 per year in salary.

“Really, for such a multifaceted and dynamic corporation? That is dictated by the racing and pari-mutuel statute that was put in place many, many moons ago,” she offered. “Board members haven’t gotten a raise for as long as I have been here, and I’m in my 33^rd year.”

CONSOLIDATING OTB BRANCHES

Directors have made forward-thinking decisions, Leach mentioned, notably the purchase of the hotel earlier this year from a private investment group, appropriating necessary funding to the Summer Concert Series and expanding programming and dining options to ensure a multifaceted entertainment venue.

She said directors approved the closing of several OTB branches in an effort to cut losses and streamline the operation.

When asked if the track and OTB parlors have been losing propositions, she acknowledged that in “years past, yes, although I will say that in 2021, our branches are doing much better.”

“We closed six OTB locations in 2020 and a lot of that handle from those six locations has transferred either to Batavia Bets, our online wagering, or to other brick-and-mortar OTB branches or EZ Bet facilities,” she said. “Actually, our branches and E-Z Bets are doing quite well right now.”

She wouldn’t speculate about the future of harness racing, other to say that a shortage of race horses is hurting the industry.

“As far as live racing goes, it’s a very expensive venture,” she said.

Leach said that the corporation is working within “a somewhat antiquated” OTB model developed back in the late 1960s.

“So, we’ve tried to cut costs there by consolidating our branch operations, closing and consolidating our handle, opening the E-Z Bets and opening Batavia Bets (online platform),” she said. “Batavia Bets has been successful ever since we opened it in 2012, but especially when COVID hit. That really took off because it was a way for patrons to wager as nothing was open.”

CONTRIBUTING TO LOCAL CAUSES

Beyond entertainment, wagering and earnings distributions, WROTB is an active contributor to charitable causes.

Marketing Director Ryan Hasenauer said the corporation gives back around $50,000 annually through donations, sponsorships and fundraisers.

“Since the hotel was constructed we have provided hundreds -- and I do mean hundreds -- of certificates for stay and plays for local fundraisers, charity auctions and similar type events,” Hasenauer said. “Those offers include a hotel night, free play and free food and are valued at over $250 each.  These are offered as prizes at an organization’s event which they use to raise money for their work.  So far this year we’ve given out over 200 of these.”

Hasenauer said organizations that have benefited from WROTB events include Make-A-Wish Gala, the Batavia Police Department K-9 Unit, the Genesee County K-9 Unit, GLOW YMCA, Food Bank of Western New York and the Breast Cancer Coalition of Rochester.

“We have also been a partner with many organizations, firstly as a place for them to hold large fundraising and outreach events,” he said, mentioning Red Cross, Connect Life, Breast Cancer Coalition of Rochester. “And we have partnered with organizations for them to benefit from being a part of our major events.”

He said the summer concerts generated funds for the Alzheimer’s Association, Make A Wish, Genesee County Animal Shelter and others.

File photos: Batavia Downs Gaming entrance on Park Road, The Hotel at Batavia Downs, harness horse racing action, Three Dog Night in concert, contribution to Make A Wish. 

Genesee County and the 31 members of American Federation of State, County & Municipal Employees union have reached a five-year contract agreement that calls for a 5 percent salary increase in 2022 and annual raises of at least 2 ½ percent after that.

County Manager Matt Landers today said a tentative agreement was reached about six weeks ago, leading to a favorable vote by union employees.

The pact was approved by the County Legislature’s Ways & Means Committee on Wednesday and is scheduled to be ratified by the full legislature next week.

Landers said the county agreed to the 5 percent raise plus 53-cent hourly wage increase for the first year after research showed that Genesee was paying less than comparable municipalities.

“We recognized that and attempted to correct that, understanding that we’re dealing with a shrinking labor pool,” Landers explained.

Pay increases in 2023 and 2024 are set at 2 ½ percent and in 2025 and 2026 are set at 3 percent. Union members’ share of health insurance premiums will go up from 9 percent to 15 percent over the life of the contract.

The 31 AFSCME (Council 66, Local 392) workers are highway department and facilities maintenance employees, Landers said.

In other action, the committee approved the appointment of Sheriff’s Deputy Joshua Brabon to the Genesee County Youth Board.

Genesee County could receive around $1 million to battle the opioid epidemic in funding from New York State’s legal settlement with various manufacturers and distributors which have been deemed responsible for perpetuating the opioid crisis.

Attorney General Letitia James announced today that she will be embarking upon a “HealNY’ tour to dole out up to $1.5 billion to all regions of the state. All 62 counties in New York will receive funds from the settlements.

CLICK HERE for today’s press release from James’ office.

Genesee County Manager Matt Landers reacted to the news that the county is in line to get anywhere from $597,359.78 to $1,043,594.62.

“We will be meeting internally and with related agencies to better understand where we should put those monies and what limitations there are to those monies, so hopefully we will have a plan relatively soon,” he said. “It’s quite a large range so, until we know better what the exact amount is, that is going to drive what we want to fund.”

Landers said he will set up meetings with stakeholders such as Genesee County Mental Health and Genesee/Orleans Council on Alcoholism and Substance Abuse, Genesee & Orleans Public Health and law enforcement “to set up a game plan where we can get the most bang for the buck.”

He also noted that the Genesee-Orleans-Wyoming Opioid Task Force already is receiving some grant money but suggested that this new influx of funding could be used to keep that initiative going for a longer period of time.

Per James’ press release, the Finger Lakes Region is expected to receive between $28,886,077.70 and $52,744,110.35 with other GLOW Region counties set to receive as follows:

• Livingston County: $570,600.77-$996,846.31;

• Orleans County: $347,049.64–$606,299.83;

• Wyoming County: $346,041.37–$604,538.38.

“Why can’t the Town of Batavia go to 8.25 percent sales tax and use the .25 percent to prevent citizens in the Town of Batavia and companies (from) absorbing this cost for everybody from outside communities that come here to do their shopping?”

With that question toward the end of Wednesday night’s Batavia Town Board meeting, Lewiston Road resident Bill Sutton triggered a 15-minute discussion with Town Supervisor Gregory Post about sales and property taxes, and New York’s tax cap.

Sutton, (photo at right), a truck driver for Kistner Concrete, said he noticed that the meeting agenda included a resolution calling for an override of the New York State tax cap – the limit on the amount of real property taxes that may be levied by the town as it prepares its 2022 budget.

He said he was concerned that property taxes will increase and thought that bumping up the sales tax from 8 to 8.25 percent could be a way to prevent that from happening.

Pointing out that Erie County’s sales tax is at 8.75 percent, Sutton said he wondered if the extra ¼ percent in sales tax could be put in the town’s budget “so that citizens in the town don’t have to pay higher property tax.”

“Why can’t we benefit from that? Why can’t the Town of Batavia implement a little more sales tax to compensate for this, instead of property owners and businesses picking up the slack?” he asked.

TWO SALES TAX JURISDICTIONS

In his response, Town Supervisor Gregory Post said he appreciated Sutton’s questions and went on to explain that towns or villages do not have the authority to impose sales tax.

“There are two entities that are eligible to collect sales tax. One is Genesee County and one is the City of Batavia,” Post responded. “Traditionally, over the last 20 or 30 years, there has been a collaboration between those two entities to allow the county to collect all of the sales tax and then distribute 50 percent of those revenues collected or some portion of that 50 percent to the communities on an ad valorem basis.

“Which means that communities will get a percentage of the sales taxes collected by Genesee County – whether it’s 8 percent or 8 ¼ or 8 ½ or 8 ¾. Those are distributed based on the communities’ assessed valuation – taxable assessed valuation.”

Post mentioned the agreement between Genesee County and the City of Batavia that provides the city with a minimum of 14 percent share of all the sales tax revenue generated in the county. That agreement also benefits the county’s towns and villages which, by virtue of a revision last month, will share $10 million in sales tax revenue annually for the next 38 years.

Per that agreement, the Town of Batavia’s assessed value qualifies it for about 16 percent of that amount – the actual figure is $1,687,937 – and that is substantially more than the other municipalities. The Town of Darien, site of Six Flags Darien Lake, is next at $970,992, followed by the Town of Le Roy at $822,260.

The supervisor explained that the town is supported by sales taxes “and the sales tax revenues have traditionally been twice what the property tax collection levy was.”

“So, for every dollar collected in property taxes, we have been benefited by a dollar and a half to two dollars in sales tax revenues already,” he said. “And that sales tax is paid by (in part) by citizens not living in the Town of Batavia …”

'LOOKING DOWN THE ROAD'

Sutton said that satisfied that part of his question, but added that he is “looking down the road (because) here we are today – we have a shortfall.”

He continued on his point that many people from outside the town come to the town to shop, and that the town should benefit more from having to deal with extra traffic and for having many “employment opportunities.”

“There has to be something we can do as a town to increase sales tax,” he said. “There has to be something that we can go forward doing this to make it even more beneficial to live in the town – to bring a business in from outside.”

Post replied by asking him to consider, “How much benefit does Genesee County get by having a lower sales tax rate to attract shoppers from counties that have a higher sales tax rate?”

“We have spent a lot of time looking at the consequence; right now, we’re an attractive site for equipment sales, heavy equipment. We just had a groundbreaking this week (LandPro),” Post offered.

“I’m looking at the larger scale sales of automobiles and heavy equipment, and if you’re selling a million dollar bulldozer and you’re selling it because your sales tax are 8 percent instead of 8 ¾ percent, and they’re buying it and taking delivery here, we’re getting the benefit of some of those revenues that we wouldn’t get if our sales tax rate was the same as it was in another county.”

Sutton said if Genesee County went to 8.25 percent it still would be lower than Erie County (but more than Monroe County, which also is at 8 percent).

Post offered to continue the debate with Sutton, inviting him to attend a weekly (Wednesday at 5 p.m.) board workshop.

“I am happy to hear your perspective and your comments … and I’m happy to see the participation,” the supervisor said.

Sutton acknowledged that he doesn’t have access to all the dollar amounts, but pressed on with his view that the Town of Batavia has a quality of living that other communities don’t have, especially an abundance of shopping locations.

“Why can’t be benefit from this so that our children, grandchildren and great-grandchildren will also have that benefit going forward?” he asked. “We will prevent the shortfall by adding the .25 percent sales tax across the board to make it fair for not only the residences and the businesses – for everybody – to keep the property tax down that will draw business in from the outside and everybody will contribute.”

'NO OBLIGATION TO SHARE'

Post then brought up the fact that Genesee County has “absolutely no obligation to share one dime of sales tax revenue with any community.”

“They are entitled to keep 100 percent of it and it is only through the strict negotiations over the last 20 years by this board and our predecessors to come to some rational agreement where the county gets what they need to sustain their operation and not defer maintenance, and the communities in the county are benefited by the apportionment of sales taxes that they are,” he explained.

He then said he believes that Genesee County probably distributes more in sales tax to its towns and villages than another other county in New York State.

“There might be one or two other counties that do a better job with sales tax distribution than Genesee County, but locally they take 10 million dollars in revenue they collect in sales tax and they give it back to the towns to subsidize town and village operations to maintain a lower (property) tax rate.”

Post then went back to the resolution to override the state property tax cap, calling it “a statement that our community has been strategic and has been looking down the road five, 10 and 15 years financially, and retained by these resolutions annually the ability to manage our assets and modify our cash flow to meet the needs of our community so that we’re not bound and restricted by New York State and prevented from maintaining infrastructure that is key to being an attractive community to developers both international site selectors and local developers.”

The board set a public hearing on the tax cap override for 7 p.m. Oct. 20 at the Batavia Town Hall, 3833 West Main St. Rd.

Post thanked Sutton for sharing his thoughts, adding that he is “part of this community and your job as a citizen is to participate.”

Following the meeting, Post said that although it is early in the 2022 budget process, he does not expect the town’s property tax rate to increase.

The 2021 tax rate was set at $2.85 per thousand of assessed value, meaning that a home assessed at $100,000, for example, would pay $285 in town taxes for the year. The town also imposes a fire district tax, which was $2.34 per thousand this year.

Photo by Mike Pettinella.

The Genesee County Legislature's Public Service Committee learned a lot about the history – and future – of the South Lyon Street bridge on Wednesday afternoon during a departmental review by Highway Superintendent Tim Hens.

Because of a recent inspection by the New York State Department of Transportation that revealed two “red flags,” the one-lane truss bridge (photo at top) was closed to traffic at the end of August. And it will stay that way for about a year, said Hens at the PSC meeting at the Old County Courthouse.

“That was not a surprise to us; we’ve seen that one coming,” Hens said. “It has been like a slow motion train wreck. We had our fingers crossed that we could make it through one more season.”

Hens said a new two-lane truss bridge is on the schedule to be replaced next spring and will take several months to rebuild. It’s unfortunate as motorists hoping to get from West Main Street to South Main Street (or vice versa) will have to use either the Oak Street roundabout or the River Street bridge.

“The (recent) inspection -- it couldn’t pass the (minimum) load limit of three tons, which is about the size of an average car,” Hens said.

The bridge, which Hens said accommodated about 2,500 cars per day on average, was in bad shape with secondary girders so “rusted out that you could poke a string through them.”

Built in 1982, it did, however, last much longer than the five to 10 years that were anticipated.

Hens said the bridge was selected for federal aid in 2011 but, two years later, that funding was withdrawn. In 2014, the DOT did not accept the application to replace it. Three years later, it was resubmitted – again unsuccessfully.

In 2020, the county learned that it would be scheduled for replacement in 2023, but now, in light of the red flags, it was been moved up to 2022.

Hens said the new bridge will be a truss style, as well, wider for two lanes and including a sidewalk on the west side. It also will be turned slightly to the west for easier access from South Main Street.

Other topics in Hens’ report included funding, roads, equipment, tree removal, airport, parks, facilities, water and grants.

He reported the highway department applied for 24 bridges and culverts under the 2021 BRIDGE-NY program, using a similar strategy as in 2018 by having the county’s towns apply for structures under Genesee’s ownership and maintenance jurisdiction. This number was less than the 34 applied for 2018 because the state DOT advised the county “not to flood the application pool.”

County crews replaced bridges on Sandpit Road in Alexander, South Main Street Road in Batavia, Wortendyke Road in Batavia, Macomber Road in Batavia and Alabama, and Browns Mill Road in Bethany repaired a bridge on Francis Road in Bethany.

Currently, the bridge on Colby Road in Darien is closed for repairs.

“Colby Road was a little different,” he said, calling it the biggest surprise he has seen in his career as far as bridge inspections are concerned.

After it was red flagged in 2020 for problems at the north end of the span – closest to Route 33 -- major repairs were made. Eight months later, another inspection revealed similar issues on the south end.

“We literally went from no flags, no load restrictions to, like holy cow, we’ve got to close the bridge tomorrow because it is bad,” Hens said. “It literally rated at negative two tons; supposedly it couldn’t support anything and we had cars drive over it for two months (before closing it per DOT).”

Repairs are being made now on the north end of the bridge, said Hens, adding that it should reopen to traffic in a few weeks.

Several other bridges were or are on the federal aid replacement schedule, including Upton Road in Batavia which reopened yesterday.

Other highlights of Hens’ report are as follows:

More Highway Funding Than Expected

“Between the governor and the assembly, we got an even bigger boost in our annual CHIPS (Consolidated Local Street and Highway Improvement Program) and PAVE-NY funds,” Hens said. “At the end of the budget season, we were already probably at 160 percent of our normal funding. We got a ton of money going into the season.”

With that added funding – and despite a rainy July – the county is on pace to have all heavy roadwork done by Columbus Day, “which even in a normal year we’d be happy to be done that early,” he said.

Hens reported that more than 100 miles of the county’s 260 miles of roadway have been widened to 30 feet over the past several years and that will continue even if asphalt prices continue to climb (costs are up by about 15 percent over 2020).

Emerald Ash Borer is Creating Havoc

The emerald ash borer is a green buprestid or jewel beetle native to north-eastern Asia that feeds on ash species. Also known as EAB, it is causing severe problems in Genesee County, Hens said.

Thousands of dead ash trees throughout the county need to be removed as they are infringing upon roads and exposing the county to liability.

Hens said highway crews typically remove 160 or more trees from the right-of-way each year from November through April, but for 2022, he is asking for a year-round tree removal crew with two more motor equipment operators and two more seasonal flag persons.

County to Save on Snow and Ice Removal

Hens said recent mild winters will result in about a $175,000 savings to the county as the 2021 rate paid to the towns for snow plowing will be $5,825 per mile – down from $6,515 per mile in 2020. Salt prices remain stable at $51.29 per ton.

As far as fuel prices are concerned, diesel is up 13 percent from last year and unleaded is up 21 percent from 2020.

Airport Fuel Sales Rebound

Hens said that fuel sales at the Genesee County Airport are back on pace with 2019 figures, noting that the COVID-19 pandemic did not impact fuel sales as much as expected. Furthermore, small plane traffic has increased, keeping the waiting list for hangar space at more than 20.

A new eight-bay hangar is available for rent, he said, and reconstruction of the apron (funded by a Federal Aviation Agency grant) is anticipated for next year.

The county is seeking a grant from Upstate Aviation Economic Development and Revitalization to fund a $13 million project to build a large corporate hangar, equipment storage facility, apron and parking at the west end of Saile Drive.

“If we get that grant, just submitted today, there would be an equipment storage bay attached to that building that would be 100 percent funded,” he advised.

Genesee Justice Building Needs Much Work

The stonework at the Genesee Justice building at 14 West Main St. (in front of the county jail) needs significant restoration and safety work, Hens said, estimating the cost could reach $1 million.

The county has been unsuccessful in obtain an historic grant, but will reapply this fall, he said.

Hens also said the county is studying the best way to renovate Holland Land Office.

Water Project Entering Phase 3

With Phase 2 just about finished, the county is in the planning stage of Phase 3, which could cost up to $85 million.

He said the City of Batavia Water Treatment Plant is in need of significant infrastructure, possibly costing around $2.6 million, to keep it operational in the short term. Phase 3 eventually calls for the city to shut down the plant when it becomes a retail customer of the Monroe County Water Authority.

The county also is looking into getting water from Niagara County to help support the Western New York Science, Technology and Advanced Manufacturing site in the Town of Alabama.

County Considers Huge Grants

Hens said the county could be in line for a $10 million federal grant for the water project if the reconciliation bill makes it through Congress.

Additionally, he called the Economic Development Administration Build Back Better Regional Challenge “a giant opportunity, potentially up to $100 million in funding for a regional project.”

“We’ve had several phone calls with the EDA regional director … and will try to schedule another Zoom call Friday to further discuss whether it is worth putting our eggs into this basket,” he said. “It’s a lot of steps (to complete the grant), but a great opportunity for us, if it’s the right fit.”

Robbie Nichols and Marc Witt say they have about 50,000 reasons to support their claim that the first year of the Batavia Muckdogs’ participation in the Perfect Game Collegiate Baseball League was a resounding success.

The team owner and general manager, respectively, took a few minutes at Monday night’s Batavia City Council meeting to report encouraging attendance figures for not only the team’s home games but also for the various other events that took place at Dwyer Stadium.

Nichols said the team averaged 1,778 fans per game over their 27 home games and attracted 501 season ticket holders, compared to 2019, when the team averaged 951 per game and had 79 season ticket holders.

An online check of Minor League Reference, however, lists the Muckdogs’ 2019 attendance at 1,135 per game for 37 home games.

Regardless of the exact numbers, Nichols was justified when he said, “We’re quite pleased at the way our first season turned out.”

When you combine the Muckdogs’ games with the numerous events held at Dwyer Stadium this summer, more than 50,000 people strolled through the gates. Other events included KMS Dance Academy competitions and clinics, PRIDE Festival, Challenger baseball, GLOW Academy Youth Baseball and Battle of Badges.

Collegiate baseball tournaments, an Alzheimer’s Walk and Muckdogs Monster Mash for kids (Oct. 23) are yet to come, Nichols said.

Witt acknowledged the “energy” provided by the Community Dance Team that entertained the crowd on a nightly basis, and pointed out how the players regularly interacted with the fans and community.

Nichols thanked the many sponsors and Council “for entrusting us with this great tradition.”

Council member John Canale, who said he attended several games, commented that the atmosphere “was tremendous.”

“You promised us that and you came through for us,” he said, prompting applause from his colleagues.

In other developments, Council passed the following resolutions:

• A modified and restated sales tax allocation agreement with Genesee County through Dec. 31, 2059. The new contract does not change the terms and conditions between the city and county, but does include wording that allows the county to distribute $10 million annually in sales tax revenue to its towns and villages, beginning Jan. 1, 2022.

In 2018, the city and county reached a deal giving Batavia 16 percent of the county’s share of the sales tax – 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.

• An amendment of the city’s zoning map to rezone parcels at 211 and 211 ½ East Main Street, just east of the existing Genesee Area Family YMCA, from P-2 (Planned Development) to C-3 (Commercial) to accommodate the construction of the Healthy Living Campus.

• The installation of a street light on Highland Park due to insufficient lighting on a portion of that street. The resolution authorizes National Grid to install the fixture on an existing pole, which would cost the city about $90 a year for the electricity.

• A contract with Bailey Electric Motor and Pump Supply of Corfu to replace a high service pump Variable Frequency Drive control at the Water Treatment Plant in the low bid amount of $23,878. Tabelski reported that the current part, which is 20 years old, has failed and the repair would be most costly than replacement. A VFD is a type of motor controller that drives an electric motor by varying the frequency and voltage of its power supply, and normally is a key component at the mechanical treatment stage, biological treatment stage, and chlorination and filtration stage.

Council also forwarded to next month’s Business Meeting a recommendation by City Manager Rachael Tabelski to transfer $711,000 in general fund balance to reserve funds and another $50,000 in the workers’ compensation fund to that fund’s reserves.

The funds earmarked for allocation are Police Reserve, DPW Equipment Reserve, Facilities Reserve, Compensated Absences, Parking Lot Reserve, Health Care Fund Reserve and Workers’ Compensation Fund Reserve.

Looking forward, Tabelski said she will be outlining recommendations for the use of the $1.4 million the city received in American Rescue Plan Act funding at the Conference Meeting on Sept. 27, and reported that bonding financial figures and design phase information for the new city police headquarters will be presented in November or December.

Photo: Marc Witt, left, and Robbie Nichols of the Batavia Muckdogs at Monday night's City Council meeting. Photo by Mike Pettinella.