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Although Village of Oakfield and Town of Oakfield governmental leaders are keeping their constituents informed of the status of their dispute over fire protection payments, they have yet to navigate a path to the negotiating table.

And, if judging by the latest information flyer that was hand-delivered to village residents last week, the village board has drawn a line in the sand before any talks will take place:

• The Town pays the entire amount due to the Village for Fire Protection Services provided last year.
• The Town signs the contract for 2021-2022 fire services (current year) or a multi-year agreement.
• All parties jointly explore options to ensure this disagreement and withholding of payment does not happen again.

The village board claims the town owes $78,644.71 for fire protection services during the 2020-21 fiscal year, and is asking for full payment by Nov. 30 or Oakfield Volunteer Fire Department personnel will not be dispatched to fires or emergencies in the town, including the Oakfield-Alabama Central School District.

Other than an exchange of bulletins and website postings, Village Mayor David Boyle and Town Supervisor Matt Martin said there has been no verbal communication between the two boards.

The village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street.

Contacted on Wednesday, Martin pointed to information on the town website that spells out the town’s stance.

According to its Statement on Fire Agreement, dated Oct. 11, the town would like to see:

• A three-year contract.
• A service contract only – not to include capital -- because the village owns all fire equipment.

The town’s statement also indicates that its clerk sent a check for $39,322.36 – half of the above amount – to the village, but it has not been cashed.

Both Boyle and Martin have said the matter is in the hands of their attorneys, but the town’s latest statement indicates it has yet to be served with any legal action.

On Wednesday, Boyle said he was waiting for a return call from the village attorney.

The municipalities’ latest communications are as follows:

THE VILLAGE’S STANCE (as of Oct. 4)

1.  The Town Supervisor and Board is refusing to pay for the Fire Protection Services provided for June 1st, 2020 through May 31st, 2021, this is despite the (fact that the) Town’s 2021 tax bill to Town residents included a charge for fire protection based on the 2020/2021 Fire Protection Contract.  This money was collected as Town taxes in January of 2021.  The Town is responsible for creating the situation we are involved with at this time.

2.  The Town Supervisor has repeatedly stated that there is not a signed contract and the Town does not need to pay for services---despite the fact that the Town accepted fire protection services throughout the contract term while never indicating that the services were not wanted or needed.

3.  The contract between the Village, Fire Department, and Town has been an annual agreement for many years. This included an understanding between the Village and Town for payment of the contract after the Town collected its taxes (6 months after the contract begins).  The Town has collected the money to pay the contract but refuses to abide by law which says it must provide fire protection and payout the money collected for this purpose.

4.  Village residents pay double the tax rate for fire protection compared to Town residents.  The current rate for Village taxpayers is $1.62 per thousand of assessed value.  Why should the Village residents be forced to pay more?  Also, why is the Town so insistent that the Village Taxpayers take over more of the Town’s obligation?  Any shifting of cost to Village Taxpayers is very burdensome to them.

5.  Representatives from the Village (one of which is a fireman), Fire Department, and Town met as a committee to set the fire budget.  It is disappointing and possibly illegal that the Town Supervisor and Board is withholding payment to the Village for the 2020-2021 contract in order to dictate what funds they will pay going forward.  Keep in mind fire protection services to the Town continued to be provided over this time period, and that all structure fires occurred in the Town- not the Village.  In fact, of 10 structure fires, all were in the town. 

6.  Legally, a municipality cannot provide a free service.  The Town has refused to sign a contract for the 2020-2021 term and for 2021-2022 fire protection.  The Village cannot continue to provide a service with no indication that it will be paid for the services already provided, nor for the services going forward.

7.  Because of the Town’s refusal to pay for Fire Protection for over 15 months, the Village has communicated that fire services provided to the Town will cease on November 30th, 2021 unless payment for the 2020-2021 contract is made and a signed agreement for 2021-2022 is agreed upon by all parties.

THE TOWN’S STANCE (as of Oct. 11)

At this time, the Town has not been served with any legal action.

For five years, the Town of Oakfield has been trying to work with the Village of Oakfield to come to a fair and equitable Fire Agreement.

The Town Board disagrees with the content of the letters being circulated (by the Village Board), including the $1.62 being allocated to Fire Protection to the Village residents. The total taxable value of the Village is $52,040,355 (for bills sent out in June 2021).

Based on the Mayor’s statement that $1.62 of the village rate is for fire, they raised $84,305.38 for Fire Service within the village alone.

The Village Budget for 2021-22 for Fire is $95,000. Of that $95K, $10,320 is earmarked to go into a truck reserve. If you take that out of the $95K, you are left with $84,680 for a total operating budget. So, 58 percent (Town) is $49,126.

So, if the Village collected $84,680 and the Town owes them $49,126, then the total budget would be $133,806. What are they doing with the other $39K (actually $38,806) they collected if they did in fact collect it?

This should make the Village fire tax rate 0.89 cents per $1,000 (assessed value).

We also disagree with there being 10 structure fires within the Town of Oakfield. When a fire happens within our boundaries, both the Assessor and Code Enforcement Officer is contacted. Neither have been contacted for structure fires with(in) the Town.

Finally, in an attempt to sit at the table with the Village and negotiate an agreement, the Town sent the Village a check for $39,322.36 (half of the $78,644.71 the Town collected). The Village still has the check, refuses to cash it and will not entertain a discussion.

It might be said that news of Northgate Free Methodist Church leadership’s desire to underwrite a nine-hole disc golf course on its property at 8160 Bank St. Rd. could be a sign of redemption for Phillip Boyd, the City of Batavia resident who caused a firestorm in May when he proposed placing a course at Centennial Park.

“I was Public Enemy No. 1 for a while, but now I just laugh it off,” Boyd said this afternoon, adding that he and Northgate personnel have joined forces to build a course behind the church in the Town of Batavia.

Boyd also said that he and fellow disc golf enthusiast Matt Strobel are working with the Genesee Community College Board of Trustees about a course there -- and have left the door open to a course at Williams Park in the city.

“At one point, it didn’t look like anything was going to happen, and now we may be getting three in the area,” Boyd said, recognizing the irony in all of it.

The subject of disc golf came up at Tuesday night’s City Council meeting, with City Manager Rachael Tabelski (responding to a public comment) saying that she hadn’t heard from Boyd recently.

Boyd said he left a message yesterday with Ray Tourt, the city’s maintenance supervisor, seeking to continue talks about a course at the Pearl Street recreation area.

“I am looking to get final approval on the course at Williams Park and then make a new proposal to City Council at a future Business Meeting,” Boyd said.

While the city may still be an option, Boyd said he currently is focusing on assisting Northgate Youth Pastor Dan Calkins with the logistics of setting up the course at Northgate.

“We’ve created a course design and the board unanimously voted yes,” Boyd said. “They said this is something they wanted to do for the community. I didn’t realize it but they’ve got about 50 acres behind the church.”

Boyd said they’ve cleared space for four of the nine holes thus far, and hope to make room for the remaining five before the end of this month. The goal is to open the course – which will be free to the public – next spring.

The course will feature tee pads, tee signage and baskets, he said, noting that the church’s financial commitment could approach $5,000.

Contacted today, Calkins said he read the articles detailing Boyd’s plight on The Batavian and approached Rev. Vern Saile, senior pastor, Mark Logan, operations director; and the board with the idea of locating a course on church grounds.

“Even if you don’t go to Northgate or never want to come to Northgate, we want to show that we love the community and we want to be a part of the community,” Calkins said. “We welcome the public to enjoy the course at no charge. Northgate is covering the sponsorship 100 percent.”

Calkins said disc golf fits in with the church’s outreach as it currently offers pickleball on Wednesdays at 2 and 8 p.m.

“We want to show the community that we’re more than just a Sunday church. We want to be part of their lives all week,” he said.

Boyd said he’s “pretty sure” the course at GCC will happen, considering that he and his partners have raised the money to fund it.

He also said that Adam Miller Toy & Bicycle in Batavia would be willing to sell disc golf equipment if the courses are built.

Photo above: Northgate Free Methodist Church.

It looks as though the Batavia High Blue Devils will have to wait a bit longer to try for their sixth Section V football victory of the season.

Mike Bromley, the Batavia City School District athletic director, told The Batavian this afternoon that this Saturday afternoon's game at Newark/Marion has been cancelled due to some of the home team's members getting COVID-19.

Unless Batavia can find another opponent on short notice, the Blue Devils, 5-1, will have this weekend off, Bromley noted.

Batavia's final regular season game is set for 7 p.m. Oct. 22 at home against Wilson Magnet.

Deer management, disc golf, Otis Street.

Those three subjects became brief topics of discussion at Tuesday night’s Batavia City Council Business Meeting at the City Centre Council Board Room.

Batavia resident John Roach, who regularly seeks to follow up on previous matters concerning the city, asked about the status of the deer management plan that is being coordinated by Assistant Police Chief Christopher Camp and of a fellow citizen’s proposal to have a disc golf course in the city – an idea that prompted fierce opposition when Centennial Park was mentioned as a possible location for the layout.

CITY PROPERTY THE PLACE TO START?

On the deer management plan, City Manager Rachel Tabelski said the city was able to obtain extra deer management permits but “weren’t able to enlist any landowners, especially in the First Ward, to be part of the process with us at this time.”

She said there are city-owned properties that are eligible for hunting as well as candidates who wish to take advantage of the culling program.

“Unfortunately, where most of the complaints that we have in the First, Second and Third Ward – especially about shrubbery and bushes – we don’t have anyone at this point willing to allow the hunting program on their land,” she added.

City Council President suggested starting the program on city property … “and show that it can be done and other landowners might join in.”

The city’s deer management program process began in 2019 with the formation of a citizen committee. The committee met numerous times with then City Manager Martin Moore, but abruptly disbanded at the outset of a meeting on Aug. 13, 2020 – objecting to changes to the plan’s original framework.

Previously: BREAKING: City's deer committee resigns in 33 second meeting this morning

DISC GOLF UP IN THE AIR?

As far as disc golf is concerned, Tabelski said that she hasn’t heard back from Phillip Boyd, the 27-year-old Hart Street resident who approached City Council in the summer about a disc golf course.

The latest news on that matter came in July when Boyd met with city Department of Public Works personnel (photo at right) to discuss placing a nine-hole course at Williams Park on Pearl Street.

The Batavian reached out to Boyd via phone call and text message this morning.

Previously: Disc golf promoter puts Centennial Park in rear view mirror, now has his sights set on Williams Park

OTIS STREET RESIDENT SAYS THANKS

On Sept. 13, Yantz informed Council members of unruly and disruptive behavior by people living in a house across the street from him on Otis Street.

He returned to City Hall last night to let them know that things have calmed down and thanked city officials for getting involved.

“The efforts of the Council and the police department seem to be making a difference on Otis Street,” he said. “It’s been quiet the last few weeks and months. I’d just like to say keep up the good work and I hope things will stay the way they are.”

Yantz said he believed that some of those neighbors were going to be at the meeting as well, but that turned out not to be the case.

Previously: City of Batavia leaders, police taking steps to help Otis Street couple deal with disruptive neighbors

Herbert Gennis Cecilia Rodriquez

Two Batavia residents were arrested yesterday on weapons and drug charges following an investigation by the Local  Drug Task Force in drug sales in the City of Batavia.

The charges were filed following the execution of a search warrant on Aug. 16

Taken in custody yesterday were Cecilia Tina Rodriquez, 32, and Herbert Bernard Gennis, III, 28, both of Raymond Avenue.

Rodriquez is charged with:

• Criminal nuisance 1st, a Class E felony
• Conspiracy 4th, a Class E felony
• Criminal possession of a weapon 4th
• Criminal possession of a controlled substance 7th
• Two counts of criminal using drug paraphernalia
• Endangering the welfare of a child.

Gennis is  charged with:

• Criminal possession of a weapon 3rd, a Class  D felony
• Criminal nuisance 1st, a Class E  felony
• Conspiracy 4th, a  Class E felony
• Criminal  possession of a controlled substance 7th
• Two counts of criminal using drug paraphernalia 2nd
• Endangering the welfare of a child.

Both were arraigned in City Court. Rodriquez was released on an appearance ticket. Gennis was released on his own recognizance.

City of Batavia officials are doing everything they can to rectify a dispute with O-At-Ka Milk Products over the milk processing plant’s ability to discharge its waste water into the municipality’s waste water treatment plant, City Attorney George Van Nest said Tuesday night.

The problem, however, according to Van Nest, is that no viable option currently exists to prevent the city from enforcing the “cease and desist” letter it has issued to O-At-Ka after discovering exceedingly high levels of contaminants in the waste water sent into the ponds from the Cedar Street industry.

Van Nest said the city is facing the possibility of thousands of dollars in fines levied by the New York State Department of Environmental Conservation if it doesn’t ensure that the ponds’ dissolved oxygen levels are within the required range.

O-At-Ka, as a result of the city’s action, already has incurred hundreds of thousands of dollars in increased costs by having to truck waste water away from its facility and, according to Chairman of the Board John Gould, the company will not be able to sustain that expense for much longer.

The situation was made public when Gould, a dairy farmer from Pavilion, spoke during the citizen comments portion of last night’s City Council Business Meeting.

Describing O-At-Ka as “experts in waste water handling with an excellent engineering team and excellent consultants,” Gould explained that the company handles a couple billion pounds of milk every year.

“We’re committed to sustainable waste water handling in this community,” he said. “We do that with more than words; we do it with action.”

Gould said that Upstate Niagara, a consortium of 300 farmers, owns eight plants in New York, including O-At-Ka, which employs 450 people.

Pre-Treatment Upgrades are in Sight

He advised that the company is investing $6 million to upgrade its waste water pre-treatment facility, with expectations that it will be online in December. He then talked about the hardship that the restriction has created, and called for a “collaborative solution (with) no stonewalling.”

“We need a win-win situation here. We’re committed to this city and we expect that you’re committed to us,” he said.

Gould said the company complied with the city management’s request in August to restrict its flow in order for crews to complete the air header project at the waste water treatment plant.

“The result of that was a 14-day shutdown of O-At-Ka’s discharge. We had to haul waste water away from the plant at a cost of a half million dollars for O-At-Ka,” he said. “We paid overtime for the employees so we could cut that time from 14 to 11 days. That was our commitment in August.

“In September, we were called in and, again, we’re on a restricted level of discharge to the city and it’s costing us between $20,000 to $50,000 a day, every day. We don’t take Sunday off. At the current rate, we’ll easily be spending $1 million hauling waste away from our plant that used to be accepted by the city – no problem.”

While Gould said he was “confident” that a solution could be found by sitting down with the city and the DEC, he added that O-At-Ka officials would have to “make drastic decisions” should the city “continues on this path.”

Pointed Questions to the City

“I certainly don’t want to have to furlough workers or reduce business,” he said. “I’ve got to ask, What is the city’s vision of the future here if this is the way you treat your best and largest business in the city? Where are we going? How are you going to support new business? What does the future look like to you folks?”

Gould concluded his 4 ½ minutes at the podium by saying, “I encourage you to get together with us. Let’s sit down and figure this out.”

Van Nest spent twice as long responding to Gould’s concerns, clearly articulating the city’s position that it has to do what is in the best interests of the functionality of the waste water treatment plant and – because of the financial ramifications – what is in the best interest of city taxpayers.

The soft-spoken attorney seized the opportunity to review developments stemming from the $1 million air header project that was completed in late August – well ahead of the schedule due to the deteriorating condition of the apparatus. The venture was moved up because the city had been getting numerous complaints from residents about the odors coming from the plant.

“Those complaints have been made to the city, made to EPA (Environmental Protection Agency), made to the DEC,” he said. “The city has worked very closely with its engineers, with in-house staff … to address replacement of the air header system at the ponds, so the ponds and the waste water treatment plant function properly for the community.”

Dissolved Oxygen Levels are a Problem

Speaking in technical terms, Van Nest said that dissolved oxygen levels in the ponds were decreasing as the air headers were not working to the best of their ability and as they degraded.

“At the same time, as it appears from data that the city reviewed, there were high BOD (Biochemical Oxygen Demand) loadings issued to the waste water treatment plant from O-At-Ka, which created a situation which depressed the dissolved oxygen levels that need to be in the ponds and allow them to function properly – ponds A1, A2 and A3,” he stated.

Van Nest acknowledged that O-At-Ka was asked “to cease discharging for up to a couple weeks while the one pond was taken out of service and the air header was replaced.”

“Ultimately, (the plan was) to roll back on slowly, so that the ponds and the DO recovery could take place when the air header system was ultimately turned back on to maximum ability,” he added.

Unfortunately for O-At-Ka, data collected by city staff showed that the company’s BOD and TSS (Total Suspended Solids) discharges were “well in excess” of the 300 milligram per liter level allowed through the Sewer Industrial Discharge Permit issued by the City of Batavia, Van Nest said.

As a result, the 30-acre ponds did not recover as fast as anticipated.

“They were well below the 2.0 threshold for dissolved oxygen that needs to be in place,” the city lawyer said.

DEC Issues 'Notice of Violation' to City

When the DEC realized this in late September, it sent a notice of violation to the city, looking at enforcement action through its State Pollutant Discharge Elimination System (or SPDES), Van Nest advised, “because the dissolved oxygen levels were so low and they were not going to allow the ponds to function properly pursuant to the SPDES permit.”

From that point on, many conversations have taken place – both internally and with the DEC, he said.

“There were communications with the DEC relative to that notice of violation, which is a precursor … to a potential order on consent from the DEC or EPA,” he said. “The order on consent would carry with it penalties and compliance schedules, and the penalties are significant. They could be $30,000 per day per violation for an owner of a plant that is in violation.”

Within a week, the city sent the cease and desist letter to O-At-Ka, Van Nest said, “indicating that O-At-Ka should cease discharges to the extent possible and, ultimately, completely to the plant so the dissolved oxygen levels could rebound.”

Van Nest noted that action forced O-At-Ka to truck as much as 150,000 gallons of waste water to another location, while an additional amount continues to flow to the waste water treatment plant.

“City staff and engineers are monitoring the levels – the DOD levels in the pond and the discharge levels from O-At-Ka daily, sometimes twice a day,” he advised. “Right now, the ponds have still not recovered. The DO levels are climbing somewhat, but they are not back to where they need to be from an engineering standpoint for the city’s engineers to be comfortable with the circumstance to say that the ponds have recovered.”

City Attorney: Communication Lines are Open

Van Nest disagreed with the suggestion that city leaders have not reached out to O-At-Ka officials.

“I’ve been in communication with the attorney for O-At-Ka in the last 24 hours on two occasions, The technical staff for the city has been in communication with O-At-Ka’s technical staff and engineers on several instances,” he said. “Part of the issue is that O-At-Ka and the engineers keep suggesting that there are alternative available for the city’s ponds, for the waste water treatment program at the city’s ponds to recover more quickly.”

He said one of the suggestions – bringing in portable air pumps to generate more oxygen – would possibly work except that type of equipment is not available.

“To this day, two and a half to three weeks after this issue arose, we have not heard of any of these pumps being available -- any of these pumps being located in the northeast. So that solution is not something that can be implemented at this time,” he said.

He said engineers representing the city are open to other ideas, but “at this point we don’t see anything that is currently available and implementable on the timeline that these ponds need to recover on that will, in fact, meet those requirements.”

Van Nest said he understood that the situation is affecting the bottom line for O-At-Ka, but said it is the company’s responsibility to comply with the SPDES permit’s hard-and-fast rules and regulations.

“So, with all due respect, it’s a major industrial user of the city’s waste water treatment plant. But there are obligations for pre-treatment as part of that process. And having a pre-treatment plant that can meet the capabilities of a production plant is one of those elements,” he explained.

City Taxpayers Could Pay the Price

“Ultimately, it’s the city’s plant, the city’s SPDES permit and the city’s taxpayers who are at risk if the DEC issues an order of consent with violations because the plant does not operate property (due to the DO levels). From that standpoint … the city is doing and continues to do everything it possibly can.”

Van Nest responded to questions from Council members about the projected time for the problem to be rectified but stating that he would not speculate – only deal with the situation at hand.

City Manager Rachael Tabelski said O-At-Ka’s current discharge levels are within “100 either way, up or down.”

She also noted that the bad smell coming from the plant has been alleviated.

“Since we issued the cease and desist order, we have not had very high strength waste coming through the system … that I’m aware of and the smells at the central pump station have not been strong,” she said.

Tabelski said it was her opinion that high strength waste from industrial users can cause strong odors at the plant.

She then thanked O-At-Ka for its cooperation as the city works to resolve the oxygen levels at the ponds.

“I will give O-At-Ka all the credit for all the effort you are taking in a very difficult time to haul your waste and get closer to your permitted level,” she said, looking at Gould as she spoke.

Photo at top: Milk processing at O-At-Ka Milk Products (from company website). File photo at bottom by Howard Owens: The ponds at the City of Batavia Waste Water Treatment Plant.

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

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“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. 

While admitting that mistakes have been made, Genesee County’s representative on the Western Regional Off-Track Betting Corp.’s board of directors said he has complete faith in the public benefit company’s leadership and sees even greater days ahead for what he calls “an asset to the community.”

“I have been on that board now for 28 years and I’d have to say, frankly, this is the best leadership I have seen in my whole 28 years that I’ve been on the board,” said Richard Siebert, commenting on a pair of recent New York State Comptroller’s audits that cast WROTB in a negative light.

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Chief financial officer: Batavia Downs Gaming in high gear, on track for record earnings distributions

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“I think (President and Chief Executive Officer) Henry (Wojtaszek) is doing a tremendous job, and our officers underneath him are doing a great job. I’ve been very impressed with the leadership and the results in this community.”

Siebert said Park Road facility’s surge in betting handle and event attendance tells him that the public supports the job that management and staff is doing.

“What we’re doing in this community and the response of this community are attributed to what our leadership group and our officers have provided to our county and OTB, in general,” he said.

The longtime Batavian also touched upon a lawsuit filed against Wojtaszek and Board Chairman Richard Bianchi by former officer Michael Nolan.

“I think a lot of this, quite frankly, is politically-motivated,” he offered. “There’s no question that there is a certain ex-Senator that’s always had a beef with Henry – more so with Henry than OTB.”

Siebert was speaking about former State Sen. George Maziarz, who represented Niagara County from 1995-2015 before deciding not to seek re-election due to legal problems. Wojtaszek served as the Niagara County Republican chairman during Maziarz’s tenure.

(See the link to a previous story below).

Regarding the audit, Siebert said he has seen the charges, which pointed to a lack of oversight by the board related to the distribution of sporting events and concert tickets, and the use of company vehicles.

“There were mistakes made before. We’re correcting them. And, again, we were the ones who asked the Comptroller to do the audit and tell us what we are doing wrong, and how we can better ourselves – which we have responded to,” he said.

“One of the problems is that we’re being accused, especially the officers, of using them as their own little boxes. Every time we have an event there, you have to have a host there to oversee the people who are in the box. The host has to make sure it’s clean, they have to pick up the bills, they have to make sure the food is served.”

Siebert said in all of his years on the board he attended only one Buffalo Sabres game.

“People like Henry and (Vice President of Operations) Scott (Kiedrowski) are going, but we have to have staff members at every single event to do the housekeeping,” he explained. “I think that part is all out of context. As far as the officers or directors, like me, using it as their own party, that just isn’t happening.”

Siebert did agree that some people might have problems with the “gold plated” health insurance plans provided to directors.

“You’re absolutely right,” he said. “I have had health insurance through the board every year since I got on it. It was one of the things provided to me if I wanted to be an OTB director. All of those directors with health insurance have been on the board for years.”

He said the Comptroller’s office reviewed the practice of paying health insurance for directors before “and no one raised an issue with it, until political people and investigative reports did. However, to eliminate any concern for the future, we did as a board vote that any new directors would not get that, period.”

The board, at its June 24, 2021 meeting in executive session, voted 12-0 to eliminate WROTB-sponsored health insurance benefits for board members appointed on or after July 1, 2021.

Siebert said the pay to be on the board is $4,000, calling it not a “real incentive” for some of the directors who have to travel from Oswego, Cattaraugus or Chautauqua counties, for example.

“That (health insurance) was a term of our employment. I took it; I’m not denying it. But, we’ve agreed that it won’t be offered to those joining the board in the future,” he said.

Looking back over the years, Siebert said he is glad WROTB purchased the harness track in 1998 (for $3.2 million).

“I fought to buy that race track because I’m here in Genesee County,” he said. “It wasn’t a done deal as there were four or five other directors who were dead against buying that track.

“It was empty. Seagulls were in it. And Marty Basinait, God bless him, convinced me to do everything I could to buy that track because he said to me, ‘If there’s ever going to be casino gambling, it will be where people are used to gaming’ and, of course, with horse racing here for so many years, it worked out.”

After buying the track, WROTB had to wait for legislative approval to obtain a racing license. That came in November 2001 when the corporation started its Inter Track Wagering operation (simulcasting). Eight months later, it held its first harness racing card.

Basinait served as WROTB chief executive officer for 29 years prior to his retirement in 2011. He was replaced by Michael Kane, who served for five years before retiring. Wojtaszek took over as president and CEO in July 2016.

Fast forward to today and Siebert said he’s amazed at what is taking place.

“Look at what these concerts are doing – for $25 – and the $10 free play. It’s so good for our community, and we’ve had minimal complaints,” he said. “We take care of our neighbors on Redfield Parkway. We don’t get complaints about noises, drugs, alcohol – anything that I’m aware of. It’s just an asset to our community.

Previously: WROTB board chair: Allegations unfounded, President/CEO Wojtaszek receives high marks.

The memory of a beloved Notre Dame High graduate lives on in the hearts and minds of his family and friends – and in a tree planted in his name in front of the Union Street school's main entrance. 

Jon Magliocco

Jon T. Magliocco, 44,  of  Batavia, is charged with rape  3rd, criminal sexual act 3rd, and criminal sexual act 1st. Magliocco was released from prison on Aug. 2nd as a Level 3  sex offender. On Aug. 16,  two people reported being raped by Magliocco. The first incident allegedly occurred sometime between Aug. 10 and 11 at a residence on  Mill  Street. The second incident allegedly occurred between Aug.  14 and 15 at the same location. Magliocco was arrested after an investigation by Det. Jason Ivison and Officer Jason Waldron. Magliocco is being held at the Genesee County Jail.

William A.  Nichols, Jr., 28, of Medina, was arrested by Medina  PD and turned over to Batavia PD on a warrant for alleged failure to appear in court as directed. He was arraigned in City Court. His current status was not released.

Michael J. Robbins, 61, of Batavia, is charged with grand larceny 4th and conspiracy 5th. Robbins is accused of stealing property from a business on East Main Street, Batavia, on July 31. He was issued an appearance ticket.

Earnest J. Reese, 74, of Batavia, is charged with DWI,  driving with a BAC of .08 or greater, and moving from lane unsafely. Reese was stopped at 9:24 p.m., Saturday, on Bank Street in Batavia by Officer Peter Post.  Reese's vehicle allegedly struck a parked car.  Reese was issued an appearance ticket.

Cassandra F. Smith,  35, of York, was arrested on a warrant. Smith allegedly failed to appear in court on charges related to thefts from a  cemetery on  Harvester Avenue on  Aug. 16. Smith was processed at the jail and released.

A 16-year-old was arrested on a charge of harassment 2nd. The youth is accused of pushing and punching another juvenile during a fit. The youth was issued an appearance ticket.

Aaron J. McFollins, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. McFollins was stopped by a Batavia PD officer on Sept. 16 on East Main Street, Batavia. He was issued an appearance ticket.

Leslie R. Parris, 38, of Batavia, is charged with DWI and driving with a BAC of .18 or greater. Parris was stopped at 4:53 a.m., Sept. 19, on Dellinger Avenue  by a Batavia police officer. Parris was issued an appearance ticket.

Adele J. Feeley, 20, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, an open container, and speeding. Feeley was stopped at 10:46 p.m., Sept. 24, on West Main Street, Batavia, by a Batavia police officer. She was issued an appearance ticket.

Stephanie L. Coley, 39, of Brockport, is charged with criminal possession of a controlled substance 7th. At 1:58 a.m., Sept. 24, a Batavia police officer reportedly found Coley sleeping in the driver's seat of her vehicle at a location on Oak Street. She was allegedly found in possession of a crack pipe and several small bags containing an unknown white powder. She was released on an appearance ticket.

Mandy L. Miller, 41, of Batavia, is charged with arson 2nd and criminal mischief.  Miller is accused of setting fire to a carpet and a door at a residence on North Spruce Street on Sept. 25 during a dispute. She was issued an appearance ticket.

Jeremy G. Ives, 46, of Batavia, is charged with criminal mischief 3rd. Ives is accused of damaging a residence on Highland Park, Batavia, on Sept. 26. He as issued an appearance ticket.

Kimberly J. Pol, 33, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to use a turn signal. Pol was stopped at 10:12 p.m., Sept. 26, in Batavia by a Batavia police officer. Pol was issued an appearance ticket.

Christopher C. Taylor, 21, of Batavia, is charged with criminal contempt 2nd. Taylor allegedly made threats to burn down a house in violation of an order of protection. He was arraigned in City Court and released under supervision of Genesee Justice.

Myron D. Dupler, 74, of Batavia, is charged with public lewdness.  Dupler is accused of masturbating with his penis out of his pants while at the corner of State Street and Washington Avenue at 8:12 a.m., Sept. 27. He was issued an appearance ticket.

Rae C. Cook, 32, of Batavia, is charged with assault 2nd and criminal possession of a weapon. Cook is accused of stepping another person in the neck with a knife during an argument at 10:28 p.m.,  Oct. 2, at a location on Fisher Park, Batavia. Cook was arraigned in City Court and ordered held on $5,000 cash bail or $10,000 bond.

Marcos Velazquez, 18, of Batavia, is charged with criminal mischief 3rd. Valazquez allegedly smashed out several windows of a vehicle on Wood Street at 2:11 p.m., Sunday. He was issued an appearance ticket.

Jessica B. Eschenlauer, 32, of Batavia, is charged with harassment 2nd. Eschenlauer is accused of striking a person with a wooden kitchen spoon during an argument at a residence on Eleanor Place at 9:30  p.m., Monday. She was issued an appearance ticket.

Jery Riley III, 43, of Batavia, is charged with criminal mischief 4th. Riley allegedly damaged a door inside a residence on Manhattan Avenue during an argument at 4:19 p.m., Monday. He was released on his own recognizance. 

A 17-year-old is charged with harassment 2nd. The youth allegedly threatened another person with physical harm during an argument on Wednesday at a location on Hutchins Place, Batavia. He was released on his own recognizance. 

James Lee Thomas, Jr., 47, of Main Road, Stafford, is charged with endangering the welfare of an incompetent person. Thomas allegedly struck a mentally disabled minor multiple times causing pain. He was arraigned in Stafford Town Court and released on his own recognizance.

Daniel Jonathan Eastridge, 26, of  Woodstock Gardens Apartments, Batavia, is charged with felony DWI, felony driving with a BAC of .08  or greater, speeding, moving from lane unsafely, and driving left of pavement markings. Eastridge was stopped at 6:03 p.m., Saturday, on Telephone Road, Pavilion, by Deputy Jordan Alejandro.  He was issued an appearance ticket.

Jayson Lee Chamberlain, 37, of Pratt Road, Batavia, is charged with burglary 3rd and petit larceny. Chamberlain is accused of stealing property from a barn on Fisher Road, Oakfield, at 10:55 p.m., Oct. 7. He was arraigned in Oakfield Town Park and released on his own recognizance. 

Jessica J. Stocum, 44, of Batavia, is charged with assault, endangering an incompetent person, endangering an adult, criminal possession of a weapon. Stocum was arrested by State Police in connection with an incident reported at 3:19 a.m., Sunday, in the Town of Batavia. She was ordered held on $10,000 bail.  No further details released.

Cynthia M. Stewart, 40, of Batavia, is charged with petit larceny. Stewart was arrested by State Police in connection with a theft reported at 1:41 p.m., Oct., in the Town of Batavia. She was issued an appearance ticket. No further details released.

Matthew J. Zon, 40, of South Byron, is charged with criminal obstruction of breathing, criminal mischief 4th, and criminal contempt 1st. Zon was arrested by State Police in connection with an incident reported at 5:24 p.m., Oct. 4, in the Town of Byron. He was ordered held on bail. No further details released.

The Alexander Trojans raised their Section V football record to 5-1 this afternoon with a 49-6 victory over Class D rival Notre Dame.

The visitors wasted little time in exerting their dominance when junior Christian Kissel fielded a punt at his own 22-yard line, broke a tackle and raced 78 yards untouched into the end zone with 8:31 left in the opening quarter (photo at top).

Kissel’s play was the first time the Trojans touched the ball after forcing the Irish to punt from their own 47.

Kicker Eric Cline converted the point after touchdown – he was successful on all seven attempts for the game – to give Alexander a 7-0 lead.

Alexander went up 14-0 about a minute later when, following an interception by defensive back Ricky Townley, quarterback Nick Kramer broke through the line off left tackle for a 61-yard touchdown run.

Ben Merrill’s interception on ND’s next possession set up a three-yard run by Brayden Woods, capping a six-play, 61-yard drive to make it 21-0 late in the period.

Another turnover, this time a fumble after a sack, gave the ball back to Alexander at the ND 24, and seven plays later the score ballooned to 28-0 on a 13-yard screen pass from Kramer to 6-2, 230-pound sophomore fullback Clayton Bezon.

The next three possessions for ND, 1-5, resulted in a fumble, punt and interception – the last turnover setting up a two-yard TD run by Woods to make it 35-0 at halftime.

The Trojans scored again on their opening possession after intermission on a 16-yard pass from Kramer to Merrill, and went up 49-0 midway through the fourth quarter on a 13-yard run by Tyler Marino.

The Irish, victimized by four interceptions and two lost fumbles, scored with 2:46 remaining on a two-yard run by quarterback Jimmy Fanara. The touchdown was set up by an 18-yard pass to C.J. Thornley and 40-yard completion to Evan Cummings.

Cummings, who recovered a fumble in the end zone to thwart the Trojans early in the fourth quarter, prevented another touchdown when he ran down Ricky Townley after a long run deep into ND territory inside of a minute to play.

Leading rushers for Alexander were Kramer with 79 yards on eight carries and Townley with 73 yards on five carries.  Kramer was 4-for-8 passing for 47 yards and two TDs.

Defensively, Townley and Merrill each had two interceptions while Andrew Pulliam and Chase Graham recovered fumbles.

For the Irish, gained 46 yards on the ground, while Fanara completed five of 17 passes for 95 yards. On defense, Anthony Edwards was in on 14 tackles, while Anthony Fiorentino and Conner McWilliams had nine each and Vin DiRisio had eight.

Both teams play again on Friday night. Alexander hosts York/Pavilion while Notre Dame travels to Cuba-Rushford/Hinsdale.

Alexander's Clayton Bezon attempts a fullback option pass over ND linebackers Vin DiRisio (24), Evan Cummings (12) and Conner McWilliams (58).

Bezon is brought down by ND's Ryan Fitzpatrick but not before crossing the goal line for a touchdown. No. 52 is Cole Dean.

Eric Klein converts one of his seven point-after-touchdown kicks. 

Photos by Howard Owens.

A lawsuit filed by the Tonawanda Seneca Nation challenging the Genesee County Economic Development Center’s State Environmental Quality Review determination in connection with the Plug Power, Inc., project has been dismissed by Genesee County Acting Supreme Court Justice Charles Zambito.

The nation contended that the liquid hydrogen facility, which is in line to become operational sometime next year at the Western New York Science, Technology and Advanced Manufacturing Park in the Town of Alabama, would infringe upon its “Big Woods” sacred ground that is situated near the western end of STAMP.

As plaintiff in the legal action, the nation also sought to prove the GCEDC did not provide notification prior to the completion of the environmental review process.

Zambito, in his decision released on Sept. 28, ruled that the Seneca Nation failed to add Plug Power, Inc., as a defendant prior to the statute of limitations.

GCEDC reported its environmental impact determination on Feb. 4, giving the nation four months to amend its original suit of June 4 that listed only the GCEDC two top officers and board chair and vice chair as defendants.

The nation eventually added Plug Power, Inc., as a defendant on June 18 – two weeks after the deadline. Furthermore, it did so without “leave of the Court,” Zambito wrote, causing a delay in the amended petition’s filing until July 26.

In his analysis, Zambito wrote that “the proposed amended petition is untimely as it relates to Plug Power, Inc. (deemed a “necessary party”) and the individual GCEDC respondents. The motion to amend is denied accordingly and the amended petition is dismissed.”

He also dismissed the original petition for failure to include Plug Power, Inc., ruling that while the original petition was filed in a timely fashion, “the failure to join such a necessary party can result in the dismissal of the action.”

According to the GCEDC, Plug Power, Inc., plans to build the $232.7 million green energy technology facility at a 29.884-acre site at STAMP, with a proposed initial operation creating 68 new jobs at an average salary of approximately $70,000.

The Latham-based company also will invest $55 million to help build a 345/115KV electric substation in partnership with the New York Power Authority and National Grid. The substation will support future expansion and growth opportunities at STAMP’s 1,250-acre mega-site.

The GCEDC board of directors have approved the following incentives to Plug Power, Inc.:

• Approved Property Tax Payments (Payment in Lieu of Taxes): $2.3 million per year, $46 million over 20 years.
• Sales Tax Exemptions: $1.1 million.
• Estimated Savings: $117.7 million property tax savings over 20 years if assessed at cost of construction ($232.7 million).
• Anticipated assessment is much more likely to be $60-90 million. Payments of $2.3 million per year equate to a zero percent abatement on a $65 million assessment.

Press release:

The Batavia Police department is looking for 64-year-old Michael C. Jackson who left the Grand Rehabilitation and Nursing facility located at 257 State St. He was last seen at approximately 5:30 pm, wearing a red sweatsuit. Anyone with information is asked to contact the Batavia Police Department at 345-6350.

 

 

 

Photo By Howard Owens: Helicopter searching the Thruway corridor in Batavia.

City of Batavia management is looking for a “forward-thinking community leader” in the form of a company, organization or even an individual wishing to secure the naming rights for the Batavia Ice Arena at 22 Evans St.

Assistant City Manager Jill Wiedrick today released a six-page Request for Proposal titled “Batavia Ice Arena Naming Rights” that gives potential arena sponsors until Nov. 5 to submit proposals outlining why their name should be associated with the 43-year-old ice hockey and skating facility.

According to the RFP, revenue from naming rights will be used to make functional and aesthetic improvements inside, and on the exterior of the arena. Applicants are asked to provide one or more names for consideration in their proposal.

Terms and financial obligations to the sponsor stipulate a five-year commitment, but do not include a set annual fee to be paid to the city.

Wiedrick said the manager’s office is leaving the yearly (or five-year) financial contribution up to the sponsor, and will consider the amount offered along with other factors.

When asked if the applicant had to be located in the city or Genesee County, she said that wasn’t the case “since we just don’t know what sort of interest is out there.”

“We’re going to be reviewing all of these submissions to figure out what is the best one that works for the City of Batavia,” she said.

Individuals are welcome to apply, Wiedrick said.

“It could be anyone … but more often than not, with any ice arena or anything that’s going out for naming rights, it does tend to be associated with a business.”

The RFP indicates that the city owns the arena and Firland Management operates it.

It also spells out benefits and opportunities at the facility, which hosts youth, high school and adult hockey competition and open skating events, with annual attendance at more than 70,000.

“Your sponsorship will position your company as a forward-thinking community leader,” it reads, emphasizing ways to promote the brand and “build positive associations through special events, league play, community experiences, traditions, and memories made at the Ice Arena!”

Exterior and interior signage will be permitted, as well as the promotion of the company (organization, individual’s) name on the City of Batavia website and all marketing materials.

The selected sponsor also will be able to hold two private events up to two hours each – one in the fall/winter and the other in the spring/summer.

Sponsor responsibilities include:

• Signage development, design and production, with approval by the City of Batavia, and contracting and paying for all work relative to the installation of all exterior and interior signage.

• Ongoing maintenance and bulb replacement in a timely manner for the signs that are located on the exterior of the building. All other signs in the facility once installed are the responsibility of the City of Batavia.

• Promotion of advertising opportunities that may include additional revenue or marketing benefits to support the ice arena.

• Presentation of a strategy to increase awareness of the facility’s new name (a key component of the proposal) and to present a strategy to facilitate complete use of the new name prior to the start of 2022.

The RFP, which will be distributed to businesses by the Genesee County Chamber of Commerce, also includes requirements for successful submission and criteria for evaluation.

The rink formerly was known as Falleti Ice Arena.

File photo. Thanksgiving holiday open skate at Batavia Ice Arena.

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.

A Genesee County legislator believes that county departments dealing with substance use issues -- whether in the form of education, prevention, treatment or enforcement – should be first in line to receive money awarded to the municipality through New York State’s settlement with opioid manufacturers and distributors.

Speaking at Wednesday’s Ways & Means Committee meeting at the Old County Courthouse, Marianne Clattenburg said any list of ways to spend the $1 million or so expected to be distributed to Genesee County should start with initiatives supporting county units, such as the Youth Bureau, Mental Health and the Sheriff’s Office.

“This isn’t really that much money. And I think between the Youth Bureau, and their prevention efforts, and Mental Health and the issues that have arrived, especially with children and therapies that are going on because they’re dealing with drug abuse of parents and foster parents (would be the best use of the funds).”

Clattenburg said substance use and its effect upon other areas of society warrant immediate attention.

“I think there’s enough need inside the county that those stakeholders need to be focused on – those dollars staying in the county before we talk about other agencies …” she said. “I’m just concerned that outside agencies … are already asking how much money they’re going to get from this.”

County Manager Matt Landers responded by saying that representatives of Genesee County Mental Health, Sheriff’s Office, Public Health and Youth Bureau would be on the committee.

In a story posted on The Batavian on Monday, Landers said that Genesee/Orleans Council on Alcoholism and Substance Abuse, an outside agency that receives some funding from the county, and possibly other non-county organizations, will be involved.

Contacted today, he said the committee “will be weighted in favor of Genesee County departments," but will include John Bennett, GCASA executive director.

“It’s a fluid process,” Landers said. “As we move forward, we may see more partners to bring to the table.”

He said the first committee meeting is scheduled for later this month.

Ways & Means Committee members were asked to consider a resolution approving a proposed settlement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation, and their multiple subsidiaries – the “Big 3 Distributors” – that could result in the county receiving anywhere from $1,055,674 to $1,864,833, with payments made over 18 years.

County Attorney Kevin Earl said the New York City law firm of Napoli Shkolnik, which is representing municipalities across the state, “brought a number of actions not only against the people who manufacture the opioids, but the distributors – claiming that they violated certain laws by not accounting for where this stuff was going. In other words, they contributed to the proliferation of the opioid crisis.”

Earl said the monetary amount depends upon how many communities participate in the class action proceedings.

“Just like the other (Johnson & Johnson) settlement, (it comes) with a sliding scale,” he said. “The more people that … sign on to join the settlement, the more Big 3 Distributors are willing to pay because their exposure lessens. The likelihood is pretty high that we will get the high end of the settlement.”

Funds received have to be targeted toward substance use treatment, prevention, training and enforcement, he added.

“Within those categories, there is some flexibility but we can’t spend the money for water funds or bridge funds.”

While Earl said this money is addition to funds from the J&J settlement, it is unclear exactly how much the county will receive at this point.

Landers said he and Earl will be speaking with the attorneys representing the county in this matter to determine the dollar figure, but estimates an award of at least $1.3 million.

The county manager said the plan is to meet with all stakeholders and make recommendations that would be forwarded to the legislature.

The first payment is expected in February 2022, Earl said.

Previously: NYS AG reports that Genesee County is in line for up to $1 million in opioid settlement funding

William Anthony Nicholas, 28, of Telegraph Road, Medina, is charged with promoting prison contraband. Nicholas allegedly possessed contraband while being held in the Genesee County Jail. The type of contraband was not identified in the press release. He was issued an appearance ticket.

Michael Patrick Caito, 30, of South Drive, Rochester, is charged with DWI.  Caito was reportedly involved in a multi-vehicle accident at 7:04 p.m., Oct. 4, on  Route 33 in Bergen. He was charged with several other, unspecified,  traffic violations.  His vehicle allegedly crossed over the double center line and struck two vehicles. He then reportedly left the scene and continued eastbound and was located a distance away from where his vehicle had become disabled. He was issued an appearance ticket.

The Genesee County Legislature’s Ways & Means Committee on Wednesday threw its support behind a pair of local laws designed to relax residency requirements for the county’s seasonal and laterally transferring sheriff’s deputies.

County Attorney Kevin Earl, at the committee’s meeting at the Old County Courthouse, introduced resolutions calling for adoption of local laws that would supersede Section 3(1) of the New York State Public Officer Law.

Section 3(1) of the Public Officer Law states that no person shall be capable of holding a civil office, which includes deputy sheriffs, unless at the time he or she shall be chosen for employment they are a permanent resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen (in this case, Genesee County).

In the area of seasonal deputies, Local Law Introductory No. 4, Year 2021 would expand the residency territorial area to include Erie, Niagara, Orleans, Monroe, Livingston and Wyoming counties.

Seasonal sheriff’s deputies are defined as those hired for a fixed period of time not to exceed 90 days to work for a specific purpose, and must be fully trained with New York State Police Officer certification.

“A lot of this is driven by (Six Flags) Darien Lake needing additional employees,” Earl said.

Genesee County Undersheriff Brad Mazur said that permanent county sheriff’s deputies would be considered first for seasonal security work at Darien Lake, followed by seasonal deputies who live in Genesee County.

“Then, if we still couldn’t fill it, we would go outside to the contiguous counties,” he said, adding that two or three City of Batavia Police officers provided coverage at the theme park last year.

All costs for these seasonal deputies are covered by Darien Lake, Mazur said.

Concerning lateral transfers, Local Law Introductory No. 5, Year 2021 would expand the permanent residency requirement timeframe for a lateral police officer transfer to a Genesee County deputy sheriff position “to ensure an adequate pool of qualified applicants” by giving transfers six months after their hiring date to find a home in Genesee County.

Qualifications include current employment as a fully trained and certified police officer in New York and meeting all requirement of the Genesee County Sheriff’s Office.

Earl said that the mandate to reside in Genesee County within six months would be a condition of the deputy’s employment, meaning that the deputy could be fired outside of an arbitration process if the requirement is not met.

Previously, the county stipulated that transferring officers had to live in Genesee for two months before beginning employment.

Both Local Laws require public hearings, which have been scheduled for 5:30 p.m. Oct. 27 at the Old County Courthouse.

As Friday’s deadline for residents to register to vote on Nov. 2 nears, Genesee County’s Board of Elections commissioners this afternoon informed the county legislature’s Ways & Means Committee that they expect a light turnout for both early voting and on election day.

According to the report submitted by Lorie Longhany and Richard Siebert, Democratic and Republican commissioners, respectively:

“With our county judge, district attorney and six legislative seats on the ballot without opposition, it is difficult to achieve voter enthusiasm. There will be some contested races in the City of Batavia (Council at Large) and several of our towns but certainly not countywide.”

Siebert predicts that early voting -- as was the case in June’s primary elections when only six residents voted prior to election day – will not generate much activity.

“Without real opposition and gas prices the way they are, realistically, who’s going to come from Le Roy, who’s going to come from Darien for early voting? It’s just not going to happen,” he said.

Early voting for the Nov. 2 General Election will take place at the ARC Community Center, 38 Woodrow Rd., Batavia, starting on Saturday, Oct. 23.

Dates and times are as follows:

• Oct. 23-24, noon to 5 p.m.
• Oct. 25, 9 a.m. to 5 p.m.
• Oct. 26-27, noon to 8 p.m.
• Oct. 28-29, 9 a.m. to 5 p.m.
• Oct. 30-31, noon to 5 p.m.

Longhany said that for early voting “the even years are going to be the trouble years, (and) odd years are going to be the easy years.”

Siebert agreed, noting that parking at the ARC location is limited.

Currently, they are looking for another site in the city for 2022 early voting, while advising the committee that they are “aware of legislation which may require our early voting to expand from nine days to 15 days – which we could take advantage of during presidential elections but not local ones as we experienced this past June.”

Longhany said training has been completed for more than 200 poll workers, who will be subject to following the county’s COVID-19 protocol that calls for mask wearing unless proof of vaccination is provided. She said the workers are “very loyal” while Siebert added that they are well paid, receiving $290 for the full election day.

Siebert reported no safety or health issues in June, but acknowledged that the process was “tough for all of us.”

“Everything we do at the Board of Elections is very cyclical,” he said. “Last year we had a presidential election with 75 percent of the vote coming out. It was tough. We had to protect our workers, we had to protect our voters (while abiding by COVID-19 restrictions). We got through it.”

Another issue moving forward, Longhany said, is that the county’s number of permanent absentee voters has increased from 500 to 1,100, which – with the change to “no excuse” absentee ballots -- will create more work for their office.

Key dates for registration are as follows:

• Oct. 8, Mail Registration for General: Last day to postmark application for general election; it must also be received by board of elections by Oct. 13.

• Oct. 8, In-person registration for General: Last day application must be received by board of elections to be eligible to vote in general election. If honorably discharged from the military or have become a naturalized citizen since Oct. 8, you may register in person at the board of elections up until Oct. 23.

• Oct. 13, Changes of address for General received by this date must be processed.

CLICK HERE for a list of county races and candidates.

As one of only about three dozen Level 3 arboretums as classified by the industry’s leading accreditation organization, Draves Arboretum – featuring 800 different species over 27 acres on Sharrick Road in Darien – has a significant role in the protection, education and appreciation of trees.

About 30 people who took part in the 31^st annual Decision-Maker’s Agriculture Forum sponsored by the Genesee County Chamber of Commerce found that out this morning as they heard a presentation from and were led on a walking tour by Tom Draves, facility president and curator.

Draves, who also has a tree and landscaping business, said he and his family have carefully and meticulously built the arboretum over the past four decades to its status as one of the best in the world.

After forming a board of directors and establishing itself as a not-for-profit corporation, Draves Arboretum earned the Level 3 endorsement in 2019 through The Morton Arboretum’s ArbNet Arboretum Accreditation Program.

“There are hundreds and hundreds of arboretums that they have accredited and there’s only about 35 in the world that are Level 3; it’s a giant hurdle,” Draves said. “With Level 3, you have to do a tremendous amount of education, you have to collaboration with other arboretums … and you have to have documented improvement and scientific research in the betterment of trees and shrubs.”

A member of several New York tree associations -- he’s even patented some species of trees, Draves said he embraces the chance to teach college students, mentioning that Niagara County Community College, Finger Lakes Community College and Alfred State College provides degree and certificate programs that require tree identification courses.

“We have had to introduce new trees to accommodate for the classes,” he said.

Draves said the property had just 40 trees at the beginning.

“We have a piece of property, approximately 27 acres, and where we are standing right now (in the Richards Complex conference center) was a cornfield,” he said. “Every single tree that you see here was planted; the right tree in the right spot.”

He said he was encouraged by colleagues to expand the arboretum, telling him that “there was no collection like this in Western New York and that he needed to take steps to move forward to preserve it …”

Over the years, new components have been added, he said, including a pond patio, The Fairway (shaped like a golf fairway with a bridge), The Sanctuary (along the entrance road), a gazebo, The Pinetum (featuring fir and spruce) and, most recently, the dwarf conifer garden.

Conifers are trees that bear cones and needle-like or scale-like leaves that are typically evergreen.

Just this year, the American Conifer Society designated that section, which has 30 to 40 conifers, as a “reference garden,” Draves said.

About 20 years ago, irrigation was installed throughout the facility – “Every tree can be reached with a 75-foot hose,” Draves said

The arboretum also has accreditation by the Board of Regents of the University of the State of New York, he said, giving it the same credentials as a school or college as an education facility.

“There are very few in New York State that are privately owned – most are an extension of a college or arboretum,” he advised.

He said expansion plans include a granite stone for the front entrance, an iron gate at the front, and a new bathroom facility.

Just prior to leading the tour, Draves reviewed the NYS Inherent Risk Law, warning participants to be aware of a dozen or so hazards on the land – things such as poison ivy, deep ponds, bridges with no handrails and depressions in the ground caused by the animals that also called the arboretum home.

Photo at top: Participants in today's Agriculture Forum sponsored by the Genesee County Chamber of Commerce learn about the spruce tree on a tour conducted by Tom Draves of Draves Arboretum.

Tom Draves taking a close look at a 'Shiloh Splash' river birch.

A single-needle fir.

Cherry blossom.

Bristlecone pine.

Sassafras.

Crossing the bridge.

A black oak.

Golden larch.

Draves explaining the finer points of the honey locust.

In front of the 'Slender Silhouette' sweetgum tree.

Photos by Mike Pettinella.