Press release:

Congresswoman Claudia Tenney (NY-24) today reintroduced the Health Freedom for All Act to prevent the Occupational Safety and Health Administration (OSHA) from overstepping its congressional authority by enacting a COVID-19 vaccine mandate.

In September of 2021, the Biden Administration, through the Occupational Safety and Health Administration (OSHA) attempted to mandate COVID-19 vaccines for employees of businesses with 100 or more employees and require weekly testing for those who remain unvaccinated.

While this mandate was blocked by the Supreme Court, this legislation will stop the Biden Administration from ever attempting a COVID-19 mandate through OSHA again. The bill finally clarifies that under existing law, OSHA does not have the authority to implement rules requiring Americans to undergo COVID-19 vaccinations or testing.

The Health Freedom for All Act was co-sponsored by Congressman Matt Rosendale (MT-2), Congressman Bill Posey (FL-8), Congressman Greg Steube (FL-17), Congresswoman Anna Paulina Luna (FL-13), Congresswoman Lauren Boebert (CO-3), and Congresswoman Mariannette Miller-Meeks (IA-2).

Press release:

The Genesee Amateur Hockey Association will host at The David McCarthy Memorial Ice Arena on Evans Street on Saturday, Feb, 25,  a USA Try Hockey For Free clinic as part of  USA Hockey  Week  Across  America.  Starting at 11:40 a.m. to 12:50 p.m., local youth, ages 4 to 9, are welcome at the rink to experience getting on the ice, learning how to “skate”, getting up after falling, basic skills with a hockey stick and shooting punks into a hockey net (all by being guided by the head coach and on-ice helpers).

“We look forward to welcoming families to the David McCarthy Memorial Ice Arena to try our great sport of ice hockey,” said Sharon Gray, Coordinator of the “Try Hockey for Free” event.  “Our goal is for these families to enjoy watching their kids learn new skills with big smiles on their faces.”

The head coach for the event is Erik Triftshauser, along with Fred Hamilton – both with more than 30 years on the ice plus starting out as GAHA players, high school players and GAHA coaches over the years.  Their on-ice helpers are mostly from this year’s United high school teams, along with the coaches’ sons.

The event is hosted by the USA Try Hockey for Free Coordinators – Sharon and Bob Gray, and the GAHA Beginner Program Player Coordinator – Marcia Barnes.  It is the team’s goal to provide the hockey experience to area youngsters free of charge and to encourage them to enroll in October to become a player in the GAHA Beginner Program, which starts the first week of October.  The Beginner Program consists of two sessions (October to December and January to March) with a total of 15 on-ice hours per session.

All the participants need is a helmet (hockey or bike) and winter gloves.   Skates are available at the rink if needed and will be provided FREE by the David M. McCarthy Memorial Ice Arena Management Team.

USA Hockey’s Try Hockey program, with the support of the National Hockey League and NHL member clubs, among others, is designed to provide youth hockey associations with a national platform for introducing children to the sport, free of charge. 

Press release:

The Town of Bethany Republican Committee is seeking registered party members that are interested in being selected as the endorsed Republican candidate for the following offices in the November General Election:

• County Legislator District #6 (Alexander, Bethany and Pavilion)
• Town Supervisor
• Town Highway Superintendent
• Town Board -- two seats
• Town Clerk

All the above offices are four-year terms.

Those interested, please send a letter of intent and resume by Feb 10 to: Gregg Torrey - 6005 Torrey Rd Stafford, NY 14143, or contact at 585-507-8139 – gregg.torrey@gmail.com

Press release:

In the November 2023 election, the Office of Genesee County Coroner will be on the ballot for a four (4) year part-time term.

On Feb. 23, the Genesee County Republican Committee will be meeting to interview any Genesee County resident that may wish to serve our County in this very important position.

Preferable candidates should be able to serve 24/7 and should send a letter of intent and resume to:

Richard E. Siebert, Chairman
Genesee County Republican Committee
PO Box 171
Batavia, New York   14021

For questions or more information, please call Richard Siebert on his cell at (585) 356-9333

Press release:

Join the Genesee County 4-H Program for a series of hands-on youth workshops at the Cornell Cooperative Extension Office in Batavia.

• Potholder Workshop – Create and take home a potholder with 4-H Volunteer Alicia. Open to youth ages 5-18. Held on Tuesday, Feb. 21, 10 a.m. – 11:30 a.m.
• Scrapbooking Workshop – Learn tips and tricks for improving your scrapbooking skills with 4-H Volunteer Kim. Open to youth ages 12-18. Participants are asked to bring photos and a scrapbook if they have one. All other supplies will be provided. There is a $5 fee for this workshop. Held on Tuesday, Feb. 21, 2 p.m. – 4 p.m.
• Chapstick & Lotion Bar Workshop – Make a beeswax chapstick and lotion bar with 4-H Volunteer Joy. Open to youth ages 12-18. Held on Tuesday, Fe. 21, 7 – 8:30 p.m.
• Barn Quilt Painting Workshop Series – Make a barn quilt-styled wood painting with 4-H Volunteer Melissa. Open to youth ages 11-18. This is a three-part series held at 6:30 – 8 p.m. on March 8, March 22, and April 5.

For more information and to register for any of these workshops, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 131. Registration is required and space is limited. Youth must be enrolled in 4-H to participate. Youth who are not currently enrolled in 4-H are welcome to join anytime during the year.

4-H is a nationwide youth program that connects youth aged 5-18 to a variety of hands-on learning opportunities.  For more information about joining the Genesee County 4-H Program, visit our website at  http://genesee.cce.cornell.edu/4-h-youth-development/how-to-join-4-h

Press release:

The Holland Land Office Museum is proud to announce its next Trivia Night at the Museum on Thursday, Feb. 9, at 7 p.m. The topic for February is the Civil Rights Movement of the 1950s, 60s, and 70s. Admission is $5/$3 for museum members. If you would like to attend, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The Holland Land Office Museum is proud to announce the next edition of its Guest Speaker Series on Thursday, Feb. 16, at 7 p.m. We welcome Patrick Ryan of the Buffalo History Museum as he presents on William Wells Brown, Buffalo's preeminent black abolitionist. Admission is $5/$3 for museum members. If you would like to attend, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The Holland Land Office Museum is proud to announce the next edition of its Java with Joe E. series on Thursday, Feb. 23, at 9 a.m. This month's speaker is Sharon Burkel of the Historic Batavia Cemetery Association, as she presents on Watson Bullock. Watson Bullock was an African-American man who moved to Batavia in the 1880s and went on to make significant impacts on many local organizations during his life. He is buried in the Historic Batavia Cemetery. Admission is free, and coffee and donuts will be provided. If you would like to attend, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

Oakfield-Alabama beat Genesee Region rivals Notre Dame on Thursday in Boys Basketball, 75-49.

Scoring for the Hornets: 

• Kyle Porter, 17 points, 7 rebounds
• Noah Currier, 13 points, three steals
• Brayden Smith, 13 points, 10 rebounds
• Colton Yasses, 11 points, 11 rebounds, two blocks
• Avery Watterson, 9 points, four  rebounds

For the Irish:

• Ryan Fitzpatrick, 11 points
• Jaden Sherwood, seven points
• Jordan Welker, seven points

"Tonight was a battle against a solid team," said O-A Coach Ryan Stehlar. "Their gym is never an easy place to play in, and Coach (Mikey) Rapone always has his team ready. I'm glad the boys locked in early. They really focused on defense and made big plays down the stretch. This is good momentum for a tough week coming up in our schedule."

The Hornets are now 12-2. The Irish are 11-5.

Other games in Boys Basketball on Thursday:

• Dansville beat Le Roy 65-58. Merritt Holly scored 27 points. Holly now has 395 points on the season.
• Attica beat Elba, 63-43
• Pembroke beat Kenmore East, 83-34

In Girls Basketball:

• Elba beat Batavia, 60-44. Sydney Reilly scored 17 points and had five steals.  Mariah Ognibene scored 10 points and had nine rebounds. Halie Scouten had six blocks. Madison Thompson had seven rebounds. After losing seven of their first nine games, the Lancers have won five straight.

Photos by Kristin Smith. For more, click here.

Pavilion's Lauren Kingsley has signed a national letter of intent to play basketball for Gannon University, a NCAA Division II school.

Submitted photos. Top photo Basketball Coach Ben Schwenebraten, Lauren Kingsley, Assistant Coach George Schwenebraten.

The Kingsley family, Emily, Val, Lauren, and Dave.

Press Release:

The City Batavia Water Department is working to repair a water main break on River Street. Water has been shut off Between West Main Street and South Main Street on River Street.

Traffic in the vicinity will be congested while crews access the break and make the repair. If possible, please use an alternative route when traveling through the City today.

Residents in other parts of the Batavia Water Plant Service Area may notice issues with water pressure. Residents in affected areas will be without water until the repair is made. The length of time the water will be off is unknown.

As always, when the water is restored, it may be discolored. Please refrain from doing any laundry until the water runs clear.

We apologize for any inconvenience, and the public’s patience is greatly appreciated. 

UPDATE 3:30 p.m.: The water main break is repaired. Road work is continuing. Traffic remains congested in the area.

From plowing roads and driveways, digging out stranded motorists, transporting people to safer locations, getting food and medical care to those in need and extending a warm and friendly hand of hope to people who had quite literally felt their lives were in danger, Genesee County officials and emergency responders took some moments this week to celebrate bravery, extraordinary efforts and well-deserved kudos for their ongoing work during Blizzard Elliott in late December.

County legislators read proclamations honoring each district within the county, as emergency responders gathered in camaraderie to share highlights of that three-day ordeal. The breadth and scope of the rescues, though attempted through stories, news reports and online posts, have still probably missed some of the myriad elements involved during those blindingly snow-blanketed days.

Once Elliott blew through the northwest corner of the county, “raging its fury on the Town of Alabama and surrounding areas, causing life-threatening circumstances to many travelers and farm animals,” the proclamation begins, “and Blizzard Elliott debilitated this district in a very short time, causing roadways to be unpassable. With the quick action of so many, it is easy to say we have heroes amongst us.”

Genesee County assisted more than 700 travelers, with dispatch taking 1,021 service calls and first responders rescuing 125 people. Approximately 240 cars and 60 tractor-trailers were stuck in drifts as high as 10-feet, county officials said, and 12 warming shelters were opened in surrounding areas. Hundreds of vehicles were pulled out of ditches by tow trucks, farmers, firefighters and good Samaritans.

“The Genesee County Legislature recognizes and admires our dedicated law enforcement, firefighters, emergency management, highway, elected leaders, food banks, schools, churches, tow truck operators, snowmobile clubs, local businesses and citizens who all rose to the occasion when others needed help,” the proclamation states. “Now, therefore, be it resolved the Genesee County Legislature would like to thank you ALL for the available forces of manpower, equipment and community helping hands that came together. The goal of preserving life was focused on and achieved. Volunteers who left their families to search for and save visitors are our most valued community members.

“Thank you to the warming shelters for providing safety, food and care to stranded visitors, thus demonstrating the high level of dedication we have for humankind in Genesee County. We extend our gratitude and respect for your community response to Elliott,” it states.

Likewise, Sheriff William Sheron, Emergency Management Services Coordinator Tim Yaeger and County Highway Superintendent Tim Hens shared about the high level of cooperation and collaboration amongst the county’s emergency service and highway providers, and how that made such a difference in the results during that winter storm. There were no fatalities.

“Thank you for the service we have here in Genesee County,” Sheron said. “Undoubtedly, you have saved lives. We wouldn’t be able to survive without you guys. What a team effort. I can’t thank you enough, from the bottom of our hearts.”

Hens also thanked everyone and said he was proud to represent the town and village highway superintendents and city public works. Everyone “put aside barriers” and got the job done to ensure that roads were cleared when possible.

“I want to recognize their efforts. They all came to the call,” he said. “It’s truly remarkable how our community comes together.”

A nod of thanks and appreciation was also given to County Manager Matt Landers, who worked throughout that Christmas weekend helping to rally friends for food donations and, with his daughter as sidekick helper, drove around to pick up items and get them to the staging area of the city fire station.

Photos by Howard Owens  Top Photo of Emergency Management Services Coordinator Tim Yaeger at the podium as Sheriff William Sheron looks on during the proclamation ceremony.

County Legislators John Deleo and Marianne Clattenburg watch a video about Winter Storm Elliott that was produced by the Town of Alabama Highway Department.

Legislator Marianne Clattenburg with (not in order) Gary Patnode, Alabama Fire Chief, David Boyle, Village of Oakfield, Nate Fix and Anthony Johnston of SnoPackers, Sean Downing, Oakfield Fire Chief, and Oakfield Assistant Fire Chief Chad Williams; 

Legislator Christian Yunker with (not in order) Vito Muoio, South Byron Fire, Jeremy Rassel, South Byron Fire, Garett Dean, Bergen Fire, Robert Mruczek, Byron Fire Chief, Nick Esten, Elba Fire Chief, and Gretchen Rosales, superintendent of Elba School District. 

Legislator Gordon Dibble with LuAnne Mileham, Ed Mileham, Indian Falls/Pembroke Assistant Fire Chief, Greg Lang, Corfu Fire Chief, and Jeff Luker, Darien Fire Chief.

Legislator Brooks Hawley with (not in order) Christopher Scopano, LeRoy Ambulance, Tim Eckdahl, Stafford Fire Chief, Craig Johnson, LeRoy Fire Chief, and Paul Dibble, Town of Batavia Fire Chief.

Legislator Gregg Torrey with Jeff Fluker, Bethany Fire Chief, left, Carl Hyde Jr., Bethany Town Supervisor, right.

Legislator John Deleo, Euguene Jankowski Jr., City Council President,  Jeffrey Bartz, Grace Baptist Church,  Bob Fix, City of Batavia Fire, and Christopher Camp, Batavia City Assistant Police Chief.

Legislator Gary Maha, with (not in order) Pam McCarthy, Mercy EMS, Sheriff William Sheron, Undersheriff Bradley Mazur,  Sgt. Kyle Krzemien, Deputy Jonathan Dimming, Deputy Jacob Kipler, Highway Superintendent Tim Hens,  Superintendent, Tim Yaeger, Emergency Management Services Coordinator, Frank Riccobono, Communications Director,  Scott Hultz, NYSDOT Resident Engineer for Genesee & Orleans Counties, and  Jeff Braley, NYSDOT Resident Engineer for Genesee & Orleans Counties.

Sheriff William Sheron.

County Highway Superintendent Tim Hens

d

Alexander Fire, along with Mercy EMS and Attica's ambulance, responded to a two-car accident at about 8 a.m. in the area of 10799 Alexander Road.

Two people were transported to UMMC for evaluation and treatment.

No information has been released about the accident.  Reader submitted information and photo.

 

 

 

UR Medicine at 7995 Call Parkway plans to reopen for all services beginning Jan. 30, staff member Kim Hally-Hettrick says.

Hally-Hettrick had the unfortunate duty to inform patients in late December that the Batavia-based facility would be closing due to frozen pipes and resulting flooding. The site is now ready for business, she said. 

Practices include Primary Care 585-345-1779; Allergy and Immunology 585-486-0930; Medical Oncology 585-602-4050; Neurosurgery 585-225-5767; Otolaryngology and Audiology 585-758-570; and Urology 585-275-2838.

File Photo by Howard Owens.

Press Release:

In honor of Black History Month, the Alzheimer’s Association is offering a free live webinar “Alzheimer’s & Dementia Conversations: Changing the Face of Research” on February 1 at 3:30 p.m. ET. The one-hour webinar will feature a robust discussion on the historical inequities in clinical trials and their lasting impact on Black Americans and other underrepresented populations. Currently, there are more than 6 million Americans living with Alzheimer’s disease. Among Black Americans age 70 or older, more than 1 in 5 (21%) are living with Alzheimer’s.

Panelists will include Dr. Reuben Warren, Director Tuskegee University National Center for Bioethics in Research and Healthcare, Reverend Dr. Ann Marie Bentsi-Addison Posey, Senior Director of Faith Based Initiatives, New York City Health and Hospital Corporation and Reverend Dr. Miriam J. Burnett, Medical Director, International Health Commission, African Methodist Episcopal Church (AME) Church.

According to the 2021 Alzheimer’s Association Facts and Figures report, nearly two-thirds of Black Americans (62%) believe that medical research is biased against people of color. A history of exclusion from clinical trials and a lasting history of discrimination from the medical establishment contributes to high levels of mistrust of clinical trials among Black Americans.

“We know that Alzheimer’s disease disproportionately affects Black older Americans,” said Dr. Carl V. Hill, chief diversity, equity and inclusion officer, Alzheimer’s Association. “We are committed to continue engaging underrepresented communities.”

To register, visit “Alzheimer’s & Dementia Conversations: Changing the Face of Research”.

Submitted photo of Dr. Carl V. Hill.

Editor's Note: This article has been updated on 1/26/23 to include details of the future facility upgrades.

A project at two major city facilities that began more than five years ago is finally coming to fruition after City Council approved the use of post-COVID funds for the work this week.

During a special business meeting on Monday, council approved reallocating $635,000 of American Rescue Plan Act funds for upgrades at the City Fire and Bureau of Maintenance department facilities. Funds of $400,000 and $235,000 are being diverted from prior projects of Cohocton water and Austin Park’s playground, respectively.

ARPA money was from 2021 Coronavirus Local Fiscal Recovery Funds to assist municipalities with post-COVID measures to rebound from financial losses.

These two capital projects were first eyed in 2017 and were then put on hold in 2020 due to the pandemic.

“We finally got a project engineered and out to bid. It came back much higher,” City Manager Rachael Tabelski said.

She recommended taking funds previously allocated for the Cohocton Water and Austin Park playground projects and reroute them to the fire station and Bureau of Maintenance projects.

She wasn’t suggesting scrapping the other projects, but to finance Cohocton Water and find other grants for the playground later on, she said.

The city received a total $1,474,764.79 of ARPA funding, $722,000 of which has already been spent at the fire station for water system engineering, apron accessibility, a new sewer camera and water meter reader, she said.

Public Works Director Brett Frank outlined details of both new projects.

Fire Department work is to include:

• General Improvements
• Fire Suppression System
• Fire Alarm System
• New generator
• Plumbing improvements
• Electrical improvements
• HVAC improvements

Bureau of Maintenance work is to include:

• Completely reconstructed trench drain
• Plumbing tmprovements
• HVAC improvements

A total price tag of nearly $1.9 million for the fire station and bureau of maintenance projects includes that $635,000 reallocated from ARPA, $1,100,000 from facility reserves, $55,000 from FEMA and another $100,000 from ARPA.

Previously, when the city received the ARPA funds, the city was only allowed to spend those funds on water, wastewater, or public health-related expenses,” Tabelski said in a memo to the council. “The definition of allowable use has been expanded, and I recommend that we utilize ARPA funds to complete this project. The total construction will cost $1,472,315 (after HVAC change order), while design, engineering, bidding, and construction inspection is estimated to cost $415,475 for a total project cost of $1,887,790.”

The Cohocton Water project includes the potential to remove an existing line and replace the waterline on Walnut Street as well, she said. That project has now swelled to $2.6 million and will need to be financed by a bond, she said. The park playground has an opportunity for future grant funding, so she recommended taking both ARPA funds for the facility improvements.

In related votes, council approved contracts with Camco General Contracting, Inc. for general contractor, DG Messmer Corporation for plumbing, and Concord Electric Corporation for electrical.

Council also reviewed additional future expenses to be completely financed, including $1.5 million for a new ice rink chiller and Zamboni ice machine, $1.7 million for a street light LED conversion, $1 million for sanitary line work at Maple and Mill streets, and $12.5 million for a new police facility.

Top Photo of city fire station from City of Batavia; above of CIty Manager Rachael Tabelski by Howard Owens.

Press release:

Officials at Genesee/Orleans Council on Alcoholism and Substance Abuse have expanded the qualification criteria of the nonprofit agency’s annual Foundation scholarships.

GCASA Chief Executive Officer John Bennett has announced that four $1,000 scholarships will be awarded in May to students enrolled in schools or colleges located in Genesee and Orleans counties.

“The major change is that now students enrolled in a Genesee County or Orleans County school can apply for the scholarship even if their primary residence is in a different county,” Bennett said. “Previously, the scholarship eligibility stipulated that the high school students had to live in Genesee or Orleans.”

While one scholarship will go to a student in Genesee and another to a student in Orleans, the other two scholarships will go to a technical/trade school student and an adult student pursuing a bachelor’s and master’s degree who will be attending college in the fall of this year.

Bennett said the GCASA Foundation was established to support the work of GCASA and other human service agencies who are working to improve community health.

“The board of directors of both GCASA and GCASA Foundation are committed to providing quality services,” he added. “Educated, skilled employees and board members are the necessary ingredients for effective service delivery systems in the behavioral health field.”

Applications are available on the GCASA website – www.gcasa.org – or can be obtained by contacting Diane Klos at Diane Klos at 585-815-1883 or dklos@gcasa.org. Completed applications must be received via email or postmarked by 3/10/2023.

Other pertinent scholarship information is as follows:

• Applicant must be accepted at an accredited college or university and enrolled in or matriculated in an eligible program/major.

• Eligible programs or majors include: Social Work, Nursing, Health Science, Mental Health Counseling, Psychology, or Human Services.

• Current GCASA employees, board members and GCASA Foundation board members are NOT eligible.

• Relatives of GCASA employees, board members and GCASA Foundation board members ARE eligible.

• Applicant must provide academic history such as high school and/or college transcripts.

• Applicant must provide two letters of recommendation from someone who knows the applicant’s work/volunteer/academic history. Letters from relatives will not be accepted.

• Applicant must provide a resume or personal biography including work history, volunteer experiences, and extra-curricular activities.

• Applicant must provide an essay that addresses educational and employment objectives as they relate to the mission of GCASA. Financial need, volunteerism, employment history and civic involvement will be given careful consideration.

• The scholarship recipient will be announced at GCASA’s annual membership meeting in May 2023 upon verification of acceptance into an accredited college or university.

• The scholarship monies will be awarded upon completion of the fall semester. The award recipient must provide a copy of their transcript demonstrating at least a 2.0 GPA.

• Applicant may be invited for an interview before final awards are made.

A Monroe County man injured in a motorcycle accident at 1:30 a.m. on Aug. 9, 2021, is suing the Town of Batavia, alleging that a sign on Batavia Stafford Townline Road was pointing in the wrong direction causing him to misread a curve in the roadway.

Daniel W. Felix, Sr., is claiming he sustained significant injuries as a result of the crash.

Attorneys for the Town of Batavia have filed a response denying many of the allegations in the lawsuit.

According to the suit, filed in June, Felix was directed to the right by a road chevron sign when the road actually curved left.

The suit states, "The improper and unsafe right-facing road chevron sign existed for a sufficient period of time prior to the crash to serve as actual and/or implied constructive notice of the defect which existed through negligence, carelessness, and recklessness."

The suit does not state for how long a period of time the plaintiff believes the chevron pointed in the wrong direction.

The suit also states that double yellow lines also indicated he needed to move further to the right on a left curve, "causing him to exit off the road to the right with his motorcycle."

Felix is represented by C. Daniel McGillicuddy of Williamsville.

The town's answer was filed by Michael P. McLaren and Peter L. Powers, of Buffalo.

In the response, the town "explicitly denies any negligence, culpable conduct, or liability."

The filing advances a number of defenses.  Some of them are technical in nature.

Among them:

• "Pursuant to applicable statutes, ordinances, rules and/or regulations, the Town of Batavia is liable only if, prior to the alleged incident complained of, the Town of Batavia received written notice of the alleged effect proximately causing the alleged injuries to the Plaintiff. No such written notice was ever received by the Town of Batavia."
• "The condition of the area at issue was the result of certain various municipal planning decisions, thereby providing the Town of Batavia with immunity from suit and/or liability."
• "Upon information and belief, Plaintiff's alleged injuries and damages were caused in whole or in part by his own negligence, carelessness, or want of care."
• "Plaintiff crashed his vehicle in the Town of Stafford, outside the jurisdictional limits of the Town of Batavia; therefore, Plaintiff fails to state a cause of action upon which relief can be granted against the Town of Batavia." 

The attorneys call upon the court to either dismiss the case entirely or reduce the Plaintiff's damages if any.  The town also asks to recover its attorney fees if it prevails.

The County, Town of Stafford and Town of Elba were all originally named as codefendants, but the action against those agencies was discontinued by stipulation last month.

The Town of Pembroke passed a resolution at its meeting last week supporting a bill authored by Assemblyman Steve Hawley that would allow online-only news sites to publish legal notices.

Currently, any legal notice or public notice, published by an online-only news outlet doesn't meet the statutory requirements for properly letting the public know about a variety of actions taken by public agencies.  There are a number of potential actions by a government agency, such as announcing a public hearing on a specific topic, that must be published in a printed newspaper in order for that statutory requirement to be met.

The resolution passed by the Town Board states:

WHEREAS the Town of Pembroke has had ongoing issues with advertising in the Batavia Daily News and

WHEREAS the Pembroke Town Board believes that Johnson Newspaper Corporation / New York Press Service does not understand the legal ramifications of prompt advertising according to New York State Laws and deadlines and

WHEREAS the Pembroke Town Board believes that it is unfair to only allow for advertising in a printed, paid publication because it limits notices to only those residents that pay for that service; NOW, THEREFORE, BE IT

RESOLVED that the Town Board of the Town of Pembroke supports Assembly Bill A2040 Sponsored by Assemblyman Steve Hawley which would allow for online publication of public notices.

The bill is AB 2067 and changes one of the statutes governing legal notice to read:

§ 40-a. Public notices and publications.  Subject to the provisions of subdivision two of this section and notwithstanding any provision of law to the contrary, in any case in which notice of any fact is required by law to be published or advertised in a newspaper, in addition such requirement shall be satisfied by publication of the notice in an online news publication that:

a. provides general interest news on a daily basis to a defined geographic location; and

b. has been continuously published for at least one year prior to the date of publication of the notice. 1

2. Any publication made pursuant to the terms of this section shall be subject to all requirements and stipulations of publication imposed by law or by order of a court of competent jurisdiction with regard to the notice, with the exception of a requirement that the notice is published in a newspaper.
 

Hawley has introduced his or a similar bill every year for at least a decade. Newspaper owners have lobbied against any change in the law in order to protect their legal notice monopoly. As a result, even with bi-partisan support in some years, the bill has never made it out of the governmental administration committee.

New York's General Construction Law Section 50  currently defines "newspaper" as only a printed publication.  

A change in the law would also allow government agencies to designate online-only publications as the publication of records for the jurisdiction.