Batavia's spray park in Austin Park has been closed due to water supply issues in the city and Genesee County, and soaring temperatures. Its county cousin in Le Roy has also been put on temporary hold. Photo by Howard Owens.
Just as temperatures peaked near 90 degrees Thursday afternoon, Genesee County officials shared the disheartening news for folks that had pulled on a pair of shorts intending to cool off at the nearest spray park.
Count Shelly Fox, Jennifer Benkleman and Connor among them.
"I'm really disappointed," Fox said as the trio sat near the base of a drying spray park with a hot beating sun in Austin Park Thursday. "We can't afford air conditioning, and this was going to be our summer outlet to come cool off."
Due to a combination of hot weather and the failure of a pump controller at the city’s wellfield, the county called for a mandatory water restriction until 10 p.m. Thursday night.
County Manager Matt Landers asked that Le Roy and Batavia officials each close their respective spray parks, in addition to issuing a laundry list of reminders for residents to curb their water usage.
Landers said that he is “hoping the demand subsides tomorrow with the weather cooling a little, plus repairs at the plant” will keep the splash pad closures temporary.
“However, we are monitoring closely and will send out an alert tomorrow again if necessary,” he said.
He knew that Le Roy’s facility was closed and referred The Batavian to city management to confirm that the same decision was made to close the spray park at Austin Park.
Yes, it was, City Manager Rachael Tabelski said.
"The city spray park is closed currently while we try to recover water in the city's tanks. The pump for well C is down, and we are unable to draw enough water from the aquifer to keep up with the demand. City of Batavia and Genesee County have been in constant communication throughout today, looking at ways to preserve water and get the pump back online as soon as possible," she said. "We appreciate everyone understanding the water restrictions that the county has put in place and hope residents and businesses can follow them until we can get well back up and running."
In a press release sent out Thursday afternoon, Assistant County Manager Tammi Ferringer said that the current water demand is exceeding the infrastructure’s capability to produce clean water and that restrictions are necessary to ensure that the limited public water supply is “distributed equitably among all residents and essential services.”
“The cooperation of all residents, businesses and institutions is vital,” she said.
The following restrictions are effective immediately:
Outdoor watering is strictly prohibited. Outdoor watering includes lawns, gardens, splash pads, car washing and other non-essential water uses.
Do not fill swimming pools. Turn off decorative fountains or any other water-consuming recreational purposes.
Shortened Showers: Limit showers to a maximum of five minutes. Turn off the tap while lathering or brushing your teeth.
Wait to use dishwashers and washing machines.
Help raise awareness: Spread the word about the water restrictions to friends, neighbors, and community members to ensure widespread compliance. These restrictions may cause inconvenience, but they are crucial to effectively managing the current water shortage.
The Genesee County Office for the Aging is pleased to announce the distribution of Farmer's Market Coupons (FMC) starting on Thursday, July 6. These coupons provide eligible older adults with an opportunity to access fresh, locally-grown produce at participating farmers' markets in the county.
The Office for the Aging will kick off the FMC distribution on Thursday, July 6, from 10 a.m. to 12 p.m. at their office located at 2 Bank Street, Batavia. Additional distribution dates at the OFA office include:
July 17 from 2 p.m. to 4 p.m.
July 24 from 10 a.m. to 12 p.m.
In addition to the OFA office, Farmer's Market Coupons will also be available at the following locations and times:
The Goose in Oakfield - July 10 from 10 a.m. to 11 a.m.
Genesee Country Farmers' Market - Every Friday in July from 10 a.m. to 12 p.m.
LeRoy Farmers' Market - July 22, 29 & Aug. 5 from 9:30 a.m. to 11:30 a.m.
Senior Housing locations will also offer coupon distribution, and flyers with the date and time details will be posted at these sites.
To find a complete calendar of Farmer's Market Coupon distribution dates, interested individuals can refer to the Gene-Senior newsletter, visit the Genesee County Office for the Aging's Facebook page, or visit the Genesee County Office for the Aging website. Alternatively, individuals can contact the office directly at 585-343-1611 for more information.
County Legislature Chair Shelley Stein. Photo by Howard Owens.
An announcement today by Sen. Charles Schumer, while in Pavilion to talk about dairy farms and the pending 2023 Farm Bill, that he has secured $670 million for New York to expand broadband access is good news for Genesee County, said Shelley Stein.
A dairy farmer, Stein is also chair of the Genesee County Legislature.
She said the county is committed to spending $7.2 million to run wire to 1,578 addresses (of about 31,000 address points) in the county that do not currently have access to high-speed internet. The county already secured a $3 million grant to cover part of the cost of the project, and the Legislature was concerned it would need to take on debt to fund the rest of the project.
"For us, it means, perhaps, we will not have to bond the rest of that, which is great news today," Stein said.
It's the furthest reaches of rural Genesee County that don't have broadband, and a big part of New York's share of the broadband funding will go to rural areas, Schumer said.
"This is the largest single investment in broadband history in New York," Schumer said. "It's game-changing. For too long, residents across New York State, from Buffalo to Rochester to Albany to rural areas in particular, like here where we're standing in Genesee County, have lacked sufficient access to fast, reliable, affordable high-speed internet."
Ensuring everyone has fast, reliable internet is as essential to communities today as electricity was more than a century ago, Schumer said.
"Broadband is for the 21st century," said the Senate's majority leader. "You need it everywhere. Your kids need it to go to school, our local hospitals need it to do telemedicine, individuals need it for their small businesses, and farmers need it so they can keep up with the latest weather and other reports that they so desperately need. We have had too many people who either don't have broadband or when they do, it becomes too expensive, so they can't afford broadband."
The state will need to present a plan to the federal government on how the $670 million will be allocated throughout the state and the Commerce Department will need to approve the plan, Schumer said.
"I fought very hard to make sure that broadband was in the bipartisan (infrastructure) bill," Schumer said. "It started out as the old-time bill with stuff for roads, bridges, highways, rail. That's needed, and it's in the bill, but I said, we also need broadband because that's part of the 21st-century way of commerce."
After a brief discussion with County Attorney James Wujcik Wednesday, county legislators were in favor of taking legal action against the state due to the governor’s recent budget amendment that removed control from founding Western Regional Off-Track Betting counties and gave it to Erie and Monroe counties and cities of Buffalo and Rochester through weighted voting for all of the WROTB members.
“It’s a total disregard to the Home Rule,” Wujcik said Wednesday during the Ways & Means meeting.
When County Legislative Chair Shelley Stein first learned of the move to dismantle the current 17-member board and revoke the one-person, one-vote arrangement that has been in effect for 50 years, she wasn’t happy to say the least.
“I was not of the understanding, quite frankly, that this was going to be part of the budget,” Stein said in May. “That to me was a shock and a surprise. It is surprising the policy is so wrapped up in a financial document.”
She had several thoughts about how and who it could affect, and couldn’t help but conclude that the bill reinforced a perception that “only New York City matters” to the big players in Albany.
On Wednesday, legislators on the committee weren’t just bothered by the amendment, but also by the way in which it happened.
“So we’ve got to stand up and say that the way they went about this is not the way the legislation called for,” Legislator Marianne Clattenburg said. “To change a whole new legislation, there’s a process to go through, and we’re alleging that this process was not done.”
The lawsuit — which will likely involve a consortium of plaintiffs according to Wujcik — will be filed against New York State, the governor, Assembly, Senate, and any other party deemed necessary to bring full relief to the residents of Genesee County.
The committee approved the resolution, which will then go onto the full Legislature for final approval. It states that:
WHEREAS, Chapter 346 of the Laws of 1973 enacted to create regional off-track betting corporations, the Genesee County Legislature passed legislation, authorizing Genesee County to participate in the Western Regional Off-Track Betting Corporation (“WROTB”), and
WHEREAS, Resolution 172 of the Year 1973 states, “it is deemed advisable by the Genesee County Legislature that it is in the best interest of the people of Genesee County for our County to participate and become a member of the Western Regional Off-Track Betting Corporation,”
and WHEREAS, such 1973 legislation of the Genesee County Legislature specifically provided that it was subject to permissive referendum and shall become effective in accordance with Section 24 of the Municipal Home Rule Law of the State of New York, and
WHEREAS, on May 2, 2023 as a part of the New York State Budget, changes were effected through the 2023-2024 Budget process and amendments to N.Y. Racing Pari-Mutuel Wagering and Breeding Law 502, where control of WROTB was taken from the founding counties and given to Erie County, Monroe County, City of Buffalo and the City of Rochester through weighted voting by all of the WROTB members, and
WHEREAS, Article IX, Section 2(b)(2) of the Constitution (the Home Rule Law) restricts the State legislature’s ability to act in relation to the property, affairs or government of any local government, the Municipal Home Rule Clause (NY Const, art IX, § 2 [b] [2]) allows the Genesee County Legislature to:
Shall have the power to act in relation to the property, affairs or government of any local government only by general law, or by special law only (a) on request of two-thirds of the total membership of its legislative body or on request of its chief executive officer concurred in by a majority of such membership, or (b), except in the case of the city of New York, on certificate of necessity from the governor reciting facts which in the judgment of the governor constitute an emergency requiring enactment of such law and, in such latter case, with the concurrence of two-thirds of the members elected to each house of the legislature.
And, WHEREAS, it is unknown whether Governor’s message of necessity comported with the New York State Constitution, in particular, article III, § 14. That provision requires that bills be “printed and upon the desks of the members” of the Legislature at least three (3) calendar legislative days before final passage (N.Y. Const., art. III, § 14); although, this mandate may be circumvented if the Governor “certifie[s] ... the facts which in his or her opinion necessitate an immediate vote” on the bill (N.Y. Const., art. III, § 14).
It is unknown whether any facts are stated by the Governor in a certificate of necessity that form the basis in her opinion that necessitated an immediate vote, and, WHEREAS, the New York State Court of Appeals recognized in Matter of Moran v. La Guardia, 270 N.Y. 450, 452 that “To repeal or modify a statute requires a legislative act of equal dignity and import.” Nothing less than a Home Rule Message from a majority of the founding counties will suffice, i.e. “the doctrine of Legislative Equivalency.”
The doctrine of legislative equivalency has uniformly been applied with respect to the modification and or amendment of prior legislation, and, WHEREAS, none of the founding counties, especially Genesee County, the home County of WROTB, enacted Home Rule Messages requesting that N.Y. Racing Pari-Mutuel Wagering and Breeding Law § 502, be modified and/or amended, and never authorized a relinquishment of control of WROTB to Erie County, Monroe County, City of Buffalo, and City of Rochester, and
WHEREAS, Batavia Downs is located in the Town and City of Batavia in a residential area and this is an important quality of life issue for the host County of Genesee to not be negatively impacted by any change to the Board of Directors make up, and
WHEREAS, the Ways & Means Committee has reviewed request and approves such recommendation.
In another revision, the state has tentatively moved to alter county elections so that positions would be up only on even-numbered years. That law would take effect on Jan 1, 2025, which leaves the question of when county elections would take place — prior to that or in 2026, County Manager Matt Landers said.
There would still have to be polling sites and workers, so there would be no cost savings, but the theory is that less elections would encourage more voters to come out, he said. Municipalities could realize a cost savings if all entities could participate instead of just the county, he said. It’s not a done deal just yet.
“The governor has to sign it,” Wujcik said.
After the meeting, the committee went into an executive session to discuss “proposed, pending, or current litigation.”
Landers did not respond to request for comments later on Wednesday.
Members of Elba's Future Farmers of America, front row, Addison Keberle and Maggie Winspear, and back row, Amelia Brewer and Ian Keberle, celebrate Dairy Month after a proclamation presentation during the Genesee County Legislature meeting Wednesday at the Old County Courthouse. Photo by Joanne Beck.
Things aren’t what they used be on the dairy farm where Ian Keberle has worked since being a kid, he says. Though just 18, the Elba student has witnessed the dawning of technological miracles.
“Everything’s robotic now, like, we just installed a 72-cell robotic rotary parlor that only requires one person to manage it,” Ian said in the lobby of the Old County Courthouse in Batavia. “So the amount of automation that has been involved in the dairy industry is just astounding. I don’t think many people realize that it’s not just a job. For many dairy farmers, it’s a lifestyle. This is what my family chose to do, and this is what we love doing.”
Ian and three fellow Elba students and members of Future Farmers of America had just been upstairs in Genesee County’s Legislative chambers for a photo and reading of a proclamation for June’s Dairy Month.
All four students are active on dairy farms, with three of them working at Oakfield Corners Dairy, a division of Lamb Farms, on Batavia-Elba Townline Road in Oakfield.
For anyone that thinks farming is strictly a male pursuit, Ian’s peers can counter that notion. Maggie Winspear, 17, is in her third year of FFA.
“It's really important to get the attention from people that don't know a lot about dairy and get them to understand why we love farming so much and why we do what we do,” Maggie said. “And it's just a connection, you make a connection with the animals and the people. And it's always fun working and just coming to work at a farm.”
Ian, 18, and his younger sister Addison also work at Oakfield Corners, where their dad is a manager. While her brother will graduate this year and plans to study agribusiness in college, Addison, 15, is taking care of the clinical aspects of the job.
“I work at the calf facility, I mainly do vaccinations with them. I kind of held out a little bit here and there. I'm still kind of too young to do a lot of major activities,” she said. “Some days, it's easy. Some days, it's hard. It's kind of a mixture.”
The Batavian asked Ian what he’d want the public to know about the dairy industry it might not otherwise understand.
“It’s not just a way to make money; it’s wonderful to see the effects that you have in the community providing a good nutritious dairy product on the tables of everything,” he said.
In October last year, the Elba FFA Chapter competed in the National FFA Dairy Evaluation and Management Competition in Indiana, and Ian was one of two members awarded national gold individually, and Amelia Brewer was one of two members awarded national silver individually.
Amelia is also in her fifth year and has worked on her family’s Post Dairy Farm, also on Batavia Elba Townline Road, “for my entire life,” she said. She has no plans to slow down after going to college.
“It's been in my family for five generations. I'm hopefully going to be the sixth generation,” Amelia said. “So I've just grown up in the industry, and I've grown a passion and a love for it. So it's what I'm going to pursue in the future, and it's something I'm pursuing now.
“I would like to come back to our farm, but I also would like to set up a creamery on our farm and bring another ag tourist stop because I believe that it's very important to give people the opportunity to see where their products are coming from and get to experience what goes into making those products, because a lot of labor goes into the dairy industry, a lot of labor and love.”
The proclamation states:
WHEREAS, the Dairy Industry has contributed to the development and prosperity of our community since the earliest formation of Genesee County, and
WHEREAS, since 1937 the rich history of Dairy production and its producers has been recognized across our great nation in an effort to savor the natural goodness in one of the most wholesome agricultural products, and
WHEREAS, dairy farmers and farm workers strive to produce wholesome dairy milk which is used to make delicious dairy products like yogurts, cheeses, butter, sour cream and ice creams that provide health benefits and valuable nutritional benefit to residents locally, regionally and globally, and
WHEREAS, in 2014 the fourth-graders at Byron-Bergen Elementary School began the push and later saw signed into law, the recognition of YOGURT as New York State’s official snack, and
WHEREAS, the Dairy Industry in Genesee County is a significant contributor to the economy of our County, its Bread and Butter, allowing our landscape, citizens and businesses to flourish, and
WHEREAS, as of May 2021, the USDA Food Box Program sent over 176 million boxes to our hungry neighbors brimming with high quality Dairy products to fill a nutritional need nationally yet sourced locally. Now, therefore, be it
RESOLVED, that the Genesee County Legislature does hereby proclaim the Month of June 2023 as DAIRY MONTH and extend our thanks to the dedicated men and women who produce world-class dairy products enjoyed nationwide.
Genesee County DSS Commissioner Carla Mindler during a meeting with county legislators. Mindler and DSS Director Ben Dennis talked about the foster care program and a new initiative, The Village, during this week's Ways & Means meeting. Photo by Joanne Beck.
Back in the earlier days of Hillary Clinton, there was a phrase made popular that “it takes a village” of diverse community members to make a difference in a child’s life.
That popular phrase became a mantra, book and now a harvested philosophy for Genesee County Department of Social Services’ new program: The Village, building connections, cultivating seeds.
DSS Commissioner Carla Mindler and Ben Dennis, director of Social Services, presented the program to county legislators this week. Atypical from most presenters before the county group, Dennis said he was not there for legislators’ wallets.
“The reason for this really is, I’m not going to ask for any money or to alter the budget or anything. What I want to do, though, is just kind of raise awareness to some things that are going on and some ideas that we have, and really just help get the word out there,” he said during the Ways & Means meeting. “For the past few months, what we've seen at DSS, with children especially, is a lot of mental health issues. And more and more of them — I don't know if it's the return to normalcy after the pandemic — we're getting a lot of cases where children are just depressed, a lot of anxiety, not wanting to go to school, being disruptive in the community. So we're needing more and more resources to keep them at home and not going into an out-of-home placement.
“Since September, we've had an increase in children that have gone to residential placements, which are not only not the best for the child to be in, but also the most expensive. We try everything to keep them out of there. And we have preventive services. We have foster care. We have our cluster home program.”
Genesee County has the Cluster Home Program, which is for foster parents who take in older youth and keep them out of institutions. They are specially trained and able to take the older youth who are in DSS custody, “not because of abuse or neglect, but because of their own behaviors that are juvenile delinquent, or adjudicated on their own to us, basically, by the probation department,” Dennis said, when they can't be maintained in the community any longer.
Those parents required “a lot of support from us,” including a youth worker that stayed with the child from the time he/she got off the school bus until bedtime. Those cluster homes have dwindled from seven to one for various reasons, and the agency is looking to recruit people to take care of these children, he said.
Morgan Luce, Gina Giuliani, Ashley Shade, and Becca Nigro "have a shared passion for helping youth in our community. We have come together to create The Village to coordinate support for local youth and families and help them build connections, relationships, and find resources," according to The Village website. Photo from the site.
Meanwhile, however, there’s The Village. A stopgap of sorts to plug in volunteers as a resource, this program will serve up people to help children learn various skills, obtain academic lessons, and catch a ride when needed.
“We’re just going to be looking for volunteers in the community to step forward and be a resource for the child, and what that means and what kind of resources, maybe it's somebody who can tutor a child. You know, there's a child who's struggling with schoolwork that comes to the attention of DSS, some skill-building, transportation, a child that needs to get from their parent’s house to an activity or counseling,” he said. “So we want to look in our community for people who are like, ‘geez, I don’t know if I really want to be a foster parent yet, but I want to get involved with a family.’ I want to be able to help and make a connection with that volunteer and the family that we're working with.
“Just for some extra support for that family, if we can maintain that child in their own home with the help of a volunteer, then it's a win,” he said. “So basically what the village is going to do is advertise for volunteers, volunteers who not necessarily right away want to become a foster parent, but to be a resource.”
Ideally, that volunteer would build a relationship with the child and may end up feeling ready to become a foster parent or at least a trusted source of support for the youth, he said. The Village's mission is “to provide dynamic support to local families and youth by connecting them with qualified and effective volunteers.” The program staff’s goal is “to strive to see the youth in our community be successful and develop meaningful connections.”
“It’ll be a training process for anybody who’s interested in getting involved with that, and we hope that it’s going to fulfill a need that we see right now,” he said.
First row (L to R): Antonia Gillison, Paula A. Campbell, Esq., Mary Jane Nevins, Esq. Second row (L to R): Michelle Parker, Esq., Ayoka Tucker, Esq., Jamie Summers. Third row (L to R): Lee Ann Lazarony, Kelley Buckley Fourth row (L to R): Hon. Laura Wagner, Colleen Gibbons, Jennifer Wilkinson, Esq.
Press Release:
On June 7, the NYS Judicial Committee on Women in the Courts – eighth Judicial District Gender Fairness Committee recognized 11 outstanding women in the law at its Biennial Lamplighters Luncheon held at the Hotel Lafayette in Buffalo. Honorees included Kelly A. Buckley, Paula A. Campbell, Esq., Colleen Gibbons, Antonia Gillison, Lee Ann Lazarony, Mary Jane Nevins, Esq. Michelle Parker, Esq. Jamie Summers, Ayoka Tucker, Esq., Hon. Laura Wagner, Jennifer Wilkinson, Esq. and Helen Z.M. Rodgers (posthumously).
The honorees above are photographed with: Hon. Stephanie A. Saunders; Sgt. Angie Davis-Leveritte; Hon. Kevin M. Carter, Administrative Judge, 8th Judicial District, Kristy Holland, Hon. E. Jeannette Ogden, and Hon. Betty Calvo-Torres
Genesee County is pleased to announce the implementation of the Hiring Emergency Limited Placement (HELP) Program for several key positions. The New York State Department of Civil Service has approved Genesee County’s participation in this temporary program to help local government employers address current staffing issues for critical health and safety titles. It aims to enhance recruitment efforts, increase the number of qualified candidates for open positions, and address candidates' concerns about test requirements for job retention for specified titles.
Under the HELP Program, the following titles have been approved:
Emergency Services Dispatchers
MH Clinical Therapists
MH Clinical Social Workers
Caseworkers
Social Welfare Examiners
Effective from May 17, 2023, to May 17, 2024, the HELP Program will temporarily eliminate the requirement for Civil Service testing for the approved titles. Candidates hired during this period will be placed in the non-competitive classification until May 17, 2024. Genesee County aims to attract highly skilled professionals to join its workforce by offering this streamlined hiring process.
The County's Human Resources Department will collaborate with the Department of Social Services, the Department of Mental Health, and the Sheriff's Office to facilitate the transition of current provisionals to the new program. Additionally, efforts will be made to recruit for other vacancies within the specified titles effectively.
While the Civil Service testing requirement is waived under the HELP Program, all candidates must still meet the minimum qualifications for their desired positions. The County remains committed to maintaining high standards and ensuring hired professionals are well-suited for their roles.
For further information or inquiries about the HELP Program, interested individuals are encouraged to contact the Genesee County Human Resources Department at 585-815-7805 or civilservice@co.genesee.ny.us
An emergency executive order that was put in place for Genesee County out of “an abundance of caution” to protect the county doesn't mean that's the end of the discussion, county manager Matt Landers says.
Those orders with potential fines attached for accepting asylum seekers from New York City and beyond were and are an attempt to protect the county.
Now in the face of a lawsuit brought on by New York City against the county and about 30 other municipalities for taking this very action, Landers said that he’s always open to conversation.
“I am fully aware of the crisis that NYS and NYC are facing with the large influx of asylum seekers from the United State’s southern border. My phone line is open, and I am not against having an honest dialogue with anyone on what the capabilities are here in Genesee County,” Landers said Thursday to The Batavian. “Genesee County’s State of Emergency and Emergency Order were put in place out of an abundance of caution to prevent outside municipalities from shifting their burden onto Genesee County without first communicating and consulting with Genesee County officials.
“I want to emphasize that we have not turned anyone away because we have not been contacted,” he said.
He did not specifically address the lawsuit itself, as is typical for legal matters, other than he was not surprised to see it come his way.
Genesee County Manager Matt Landers last month when he issued an executive order banning busloads of undocumented immigrants. Photo by Joanne Beck.
A New York City lawsuit so fresh that Genesee County Manager Matt Landers had yet been able to review the entire scope of it before providing comment Wednesday afternoon hits up 30 upstate municipalities, including Genesee County, seeking to invalidate their executive orders barring undocumented immigrants from entering their locales.
Landers had first issued a State of Emergency on May 17 “out of an abundance of caution” after word had it that busloads of immigrants were potentially being sent this way. Locally it began first with Orleans County, followed by Genesee, and one by one, counties began to jump on board with their own executive orders throughout Western New York and beyond.
Filed on Wednesday, the lawsuit claimed that those emergency orders obstructed NYC’s efforts to relocate migrants “in a manner that is explicitly permitted by law and required by a statewide emergency,” according to a news release.
The lawsuit asks the state Supreme Court to invalidate the emergency orders filed by the counties under the grounds that they are unconstitutional. It also asks to prohibit the locales from taking steps that "restrict or frustrate" New York City's efforts to address a statewide emergency, which Gov. Kathy Hochul declared on May 9.
The lawsuit claims the emergency orders are unconstitutional because the orders seek to impede the rights of people who are legally within the borders of the United States as asylum seekers to travel and use public accommodations. The suit argues that the prohibitions are impermissible because they target people based on their national origin, citizenship, or immigration status, which violates the Constitution.
Moments prior to Landers issuing the county’s State of Emergency in May, the Legislature conducted an executive session to discuss the matter after Orleans County declared its own emergency. That seemed to be the tipping point, Landers had said at the time.
“Well, a lot of it was just meetings with various stakeholders; Orleans County issuing their state of emergency was probably a prompt. Because of that, we took notice of that. There was a lot of speculation that raised our concerns about how easily a group of asylum seekers could end up at our doorstep without us even knowing,” Landers said. “So I guess it was our vulnerability that came to light of how simple and how easy and how fast that could happen, that we wanted to have this in place, in case that were to happen.
“So that was probably some of the prompts that happened throughout the day that caused us to take this action,” he had said.
“This is more to get a better handle on control in Genesee County and have the situation to an abundance of caution to be able to respond to a situation where we're not aware of asylum seekers coming to our community, there’s channels out there, and I do have confidence in the governor's office, through their representative, that they would try to reach out to us if there was a group that was heading to Genesee County, but there's different avenues of which that they can come from and it's not all through the governor's office,” Landers said. “So I am in consultation with the governor's office and, and the representative has been very forthcoming and upfront with me, and I think we've got a great working relationship. But that's only one piece of the puzzle. So the state of emergency is kind of trying to cover multiple scenarios, you know … And, again, we'll evaluate the state of emergency in the next five days and see if we've covered everything, and maybe we strengthen it, modify it, or let it expire.”
The Local State of Emergency was declared for Genesee County due to New York City's program to rapidly increase the number of migrants in this County to unsustainable levels, he had said.
“Pursuant to NYS Executive Law § 24, when a State of Emergency is in effect, the County Manager may promulgate local emergency orders to protect life and property or to bring the emergency situation under control.
Fines were threatened, especially to local hotels and motels that might consider taking in any busloads of immigrants, of up to $2,000 a person.
By the time the county had extended the executive order for the third round, Batavia First Presbyterian Church stepped up and offered to provide comfort in the form of food, clothing and/or shelter for any immigrant in need.
Landers had said that could create issues for the county, and he asked that church leaders reach out to discuss the situation with him.
Landers said that he would respond to The Batavian's request for comment once he was more familiar with the lawsuit.
Holland Land Office Museum on West Main Street in Batavia is on the priority list for upgrades, and is closer to reality with a 20-year lease agreement between the county and Holland Purchase Historical Society. File Photo by Howard Owens.
A 20-year property lease will provide the assurance for Holland Purchase Historical Society to move forward with plans for Holland Land Office Museum’s eventual restoration and expansion on the west side, Executive Director Ryan Duffy says.
The nonprofit’s board has been pursuing a capital project and related survey; however, nailing down an agreement that the Society would retain rights to the property throughout the project was an integral part of the process before moving forward, Duffy said after approval by the Human Services Committee on Monday.
“So this is an important piece to allow us to pursue funding for the dream of the addition, as we have to be able to show extended occupancy,” he said. “So having this lease allows us to do that and allows us to go after bigger grants.
“We’re going to have to get major funding through grants in order to pursue this project," he said. "So that’s why this lease agreement was very important.”
He couldn’t — or wouldn’t — disclose any other details about the project and a related timeline for grant funding, restoration and potential construction of a welcome center.
Last year county legislators approved the bid of $43,324 from consultant Wendel of Williamsville to conduct a restoration study of each nook and cranny of Holland Land Office Museum to determine what its future needs might be. The consultants were going to assess “functionality issues” of the West Main Street, Batavia, site, according to county Highway Superintendent Tim Hens.
“It’s a full, comprehensive look at the building,” Hens had said at the time. “And it should give us a road map of what we need.”
The Batavian checked back in with Hens this April to find out how that study was progressing, and he said it was still ongoing. County Attorney James Wujcik has also been working with the Historical Society’s board to finalize a lease agreement.
As County Manager Matt Landers explained, the project will require a substantial amount of grant funding, and “they just want assurances that we don't give the building away or sell it on them.”
"I am supportive of it. Jim was able to find the ability for us to do this over the course of 20 years. With an out clause that we still have built into it,” Landers said.
Board members and legislators said that, in addition to the other purposes it serves, they would also like to see the museum become a polling site in the future.
Legislator Marianne Clattenburg was on board with future plans and happy to see the work that it’s taken to get here so far.
"I just want to say thank you to whoever was involved for having this come to fruition. The plans that they have are pretty impressive; I think many things we've seen for future generations, and it's a source of pride in our history,” Clattenburg said. “And also, it's a very significant educational tool for students that come through there. I know they want to expand on that, expanding progress and all that, so this is like the first step, and I wish them all the luck in the world getting what they need.”
The agreement states that the county agrees to lease to the Historical Society the premises commonly known as the Holland Land Office Museum located at 131 West Main Street, Batavia, NY.
The Historical Society will lease the entire two-story Holland Land Office Museum building and its east and west wings, totaling 6,132 square feet and shall have the right to use the west side parking lot in common with other visitors and uses, for a period of 20 years, from June July 1, 2023 to May 31, 2043.
This Agreement is contingent on the continuous and uninterrupted maintenance and operation of the Museum.
Holland Land Office Museum from the west side next to the parking lot, where a prospective welcome center may be located. File Photo by Howard Owens.
The state Department of Environmental Conservation issued an Air Quality Health Advisory for several areas of the state, including Western New York counties of Genesee, Cattaraugus, Chautauqua, Erie, Niagara, Orleans, and Wyoming.
The DEC and Department of Health issues these advisories when meteorologists predict levels of pollution, either ozone or fine particulate matter, are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern.
Wildfires spreading throughout eastern Canada combined with steady winds have meant an infiltration of related pollutants in the northeastern United States.
This advisory will remain in effect through midnight Wednesday, and is a warning to folks that exposure can cause short-term health effects such as irritation to the eyes, nose, and throat, coughing, sneezing, runny nose, and shortness of breath.
Exposure to elevated levels of fine particulate matter can also worsen medical conditions such as asthma and heart disease. People with heart or breathing problems, and children and the elderly may be particularly sensitive to particulate matter (PM) 2.5.
When outdoor levels are elevated, going indoors may reduce exposure. If there are significant indoor sources of PM 2.5 (tobacco, candle or incense smoke, or fumes from cooking) levels inside may not be lower than outside. Some ways to reduce exposure are to minimize outdoor and indoor sources and avoid strenuous activities in areas where fine particle concentrations are high.
Fine particulate matter consists of tiny solid particles or liquid droplets in the air that are 2.5 microns or less in diameter. PM 2.5 can be made of many different types of particles and often come from processes that involve combustion (e.g. vehicle exhaust, power plants, and fires) and from chemical reactions in the atmosphere.
New Yorkers are urged to take the following energy saving and pollution-reducing steps:
use mass transit instead of driving, as automobile emissions account for about 60 percent of pollution in our cities. During the current COVID-19 pandemic, people are strongly advised to carpool only with members of their households;
conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips;
turn off all lights and electrical appliances in unoccupied areas;
use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees;
close the blinds and shades to limit heat build-up and to preserve cooled air;
limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters;
set refrigerators and freezers at more efficient temperatures;
purchase and install energy efficient lighting and appliances with the Energy Star label; and
reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking.
Starting May 30, Genesee County Offices will shift their hours of operation from the previous hours of 8:30 a.m. to 5 p.m. to the summer hours of 8 a.m. to 4:30 p.m.
As in years past, this slight shift of hours will not affect the total number of hours that County Offices will be open to the public.
These new hours will remain in effect until Sept. 1.
The county's $1.8 million restoration of the brick and Medina sandstone of the Genesee Justice/former Sheriff's Office on West Main Street in Batavia has been a months-long project but appears to be nearing the end.
The contract for the work was awarded to MontanteConstruction last June after the County Legislature realized that delaying the restoration project had only driven up the cost.
The facade of the historic structure was crumbling, with large bits of sandstone falling away from the building.
Workers removed all the sandstone and restored the underlying masonry before putting the sandstone back in place.
The jail is part of the Genesee County Courthouse Historic District that was named to the National Register of Historic Places in 1982. The district represents the civic core of the city and includes buildings from the 1840s to 1920s.
The collection of historic structures includes the old county courthouse, former city hall, U.S. Post Office, The Holland Land Office Museum, a county office building and a Civil War monument. The jail is the only Medina sandstone building in the disitrict. St. Mary’s Catholic Church, which is close by, also is a striking sandstone structure.
The building was constructed in 1902-03. It was designed by Poughkeepsie architect William J. Beardsley in a Victorian Gothic style. Beardsley also was the architect for the Attica State Prison and many county courthouses.
The Legislature first discussed the need for restoration in 2016 and sought grants to help cover the anticipated $500,000 costs. Last year, Chair Shelley Stein noted, “We should be kicking ourselves for not doing it sooner, but we didn’t have the money.”
There has been a “tremendous amount of damage” that, along with inflation, tripled the initial price estimate, County Highway Superintendent Tim Hens told legislators in June 2022. "There are pieces of stone falling from the top of the porch, and many areas of it are cracked and crumbling."
Currently, the former Sheriff's Office is the office of Genesee Justice, but Genesee Justice, and the jail behind it, will relocate later this year to the new jail facility being built by County Building #2 on West Main Street Road in the Town of Batavia.
County Manager Matt Landers said Thursday evening that the county is still evaluating possible uses for the building and is going to have SMRT, the architectural firm working with the new county on the new jail, assist in that evaluation process. Landers said he has some rough ideas of what could be done with the space but isn't at liberty just yet to publicly discuss those ideas.
Genesee County law enforcement agencies, including the Genesee County Sheriff’s Office and the Village of Le Roy Police Department, will be participating in a coordinated effort with the STOP-DWI program to bring awareness to the dangers of impaired driving.
The statewide STOP-DWI High Visibility Engagement Campaign will start Friday, May 26 and will continue thru Monday, May 30. Memorial Day weekend is one of the busiest travel holidays and marks the official start of summer. New York State Police, County Sheriffs, municipal law enforcement agencies and local STOP-DWI programs will be collaborating in force across the state in an effort to reduce the number of impaired driving-related injuries and deaths.
While STOP-DWI efforts across New York have made great strides in reducing the number of alcohol and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers.
You can make a difference by having a sober plan to get a safe ride because impaired driving is completely preventable – all it takes is a little planning. Visit www.stopdwi.org for more information.
2020 File photo of James Spiecher, of Rochester, with his grandson Jaxon looking at a sign in front of Batavia First Presbyterian Church that reads "God Loves Everyone No Exceptions." Church leadership is trying to live up to those words with a promise to care for all, including any undocumented immigrants that show up in Genesee County. Photo by Howard Owens.
As Genesee County prepares to enter its third week of not allowing any undocumented immigrants to enter, per an executive order barring busloads of immigrants expected to leave New York City for upstate, at least one Batavia church has extended a welcoming message.
“We are a church that is open to help people, all people. We know we can’t solve the political problem of immigration. However, our Christian beliefs lead us to show compassion and dignity to those in need,” said the Rev. Roula Alkhouri of Batavia First Presbyterian Church Wednesday. “For us, the help we are prepared to offer is no different than the help we currently offer people that the U.S. Immigration and Customs Enforcement release from the Buffalo Federal Detention Facility on a regular basis. Los Samaritanos, a joint ministry of multiple churches, supports those who are released from the Buffalo Federal Detention Facility in Batavia.
“If the need arises for us to help others, we will respond as Jesus has taught us”:
For I was hungry and you gave me food, I was thirsty and you gave me something to drink, I was a stranger and you welcomed me, I was naked and you gave me clothing, I was sick and you took care of me, I was in prison and you visited me. Matthew 25:25-36
Alkhouri spoke on behalf of the church elders after a meeting this week to discuss the issue that has caused a local and regional State of Emergency and ongoing executive order that is being evaluated five days at a time.
In short, the order may fine anyone that harbors undocumented immigrants and zeroes in on hotels and motels. Law enforcement has been on heightened alert for busloads of visitors to the county.
Because First Presbyterian Church has been involved in the Los Samaritanos program and other civil rights initiatives, The Batavian asked how its leadership and congregants felt about this ongoing immigrant situation.
County Manager Matt Landers issued the local State of Emergency and related executive order on May 15 and has extended it once already. During Wednesday’s county Legislature meeting, he said it was likely that he would extend the order again for five more days at the end of this week.
Landers noted that Genesee County is not alone in its concern, as there are some 22 state counties with similar executive orders also in effect.
During the manager’s initial announcement, he mentioned that the county was already “stretched too thin” to be able to deal with — and pay for — additional people seeking shelter, food and similar amenities.
The county already has a “homeless” problem, he said. The Batavian asked him to clarify that.
“It's currently a challenge in Genesee County because we don't have a homeless shelter. We use our local motels, and they fill up at times, and there's situations where somebody presents as homeless to DSS, and we don't have space for them now. So under those conditions, similar to Orleans County, they specifically did their state of emergency, I believe, because of homelessness,” Landers said. “That is a factor of us not having the resources to take care of our own homeless. So, therefore, we really are not in a position to take on busloads of other homeless."
How many homeless people do we have here? “It’s fluid,” he said. “I do know that at times it is not uncommon that we have to utilize a shelter in Buffalo or Rochester for our own homeless.”
Can others step in to help? As for another organization, in this case, First Presbyterian Church, offering assistance to immigrants, "Genesee County is not in a position to house and handle an influx of asylum seekers," Landers said.
"These individuals need more than just a place to sleep, and any organization that circumvents the County is only doing a disservice to both the people of Genesee County and the asylum seekers," he said. "I welcome any group to reach out to my office to have an open and honest dialogue on the County's capabilities."
Dr. James Sunser, president of GCC in Batavia, reviews the 2023-24 budget and related requests from the county during a Ways & Means meeting Wednesday, as Legislator and GCC liaison Gregg Torrey listens. Photo by Joanne Beck.
County legislators have so far given a thumbs up to Dr. James Sunser’s $37.3 million budget for Genesee Community College, a spending plan that includes a $100 per semester tuition increase and a request of $50,000 in additional funding from Genesee County to continue operations for 2023-24.
“I think it’s a very modest budget,” the college president said during Wednesday’s Ways and Means meeting. “As you can see, from the current approved budget, it's about $150,000 more than this year's approved budget. It looks to advance tuition by $100 a semester, for full-time students, and $10 a credit hour for part-time students.
“We worked hard with the state. We were hoping to be able to get a little more from the state, but we at least got flat funding for the current year, which is something that has been the norm for the last few years. We've asked the county to support us with the base prior year aid plus the $50,000 planned increase that we've talked about in prior years,” Sunser said. “And we feel strongly that we'll be able to operate within that budget, but it will be a challenge, just like it is for all of you as well.”
The proposed 2023-24 operating budget is $37,350,000, with a “sponsor share” of $ 2,786,374 to come from the county within a tax levy by that amount.
A public hearing will be necessary for this budget and related sponsor’s share, as the resolution to be voted on by the county Legislature states:
“That the Genesee County Legislature does hereby approve of the sponsor’s share of the operating budget of the Genesee Community College for the fiscal year September 1, 2023, through August 31, 2024, in the amount of $2,786,374 and cause the same to be included in the county tax levy for the year 2023.”
A vote is to go before the Legislature next week, and if approved, the budget, levy and public hearing will be set for 5:30 p.m. June 14 at the Old Courthouse, 7 Main St., Batavia.
During the conversation, Legislator John Deleo asked Sunser about the GCC radio station, a staple of this area for a decade that has become silent this past year. Sunser explained that maintaining a station — which was a club activity — for 24 hours a day was becoming “more and more difficult” to do, and the board made the decision to sell the license.
Two bids were received: one that offered “no dollars, they were just willing to take it,” Sunser said, and the second bidder that ended up purchasing the license through the FCC for $55,000. There is no radio, per se, as the station operates via online streaming, he said.
“So what we've done is we've moved away from the FCC as a licensed radio station, and we're on a streaming platform. So we're still providing the same opportunity to students to broadcast and have all that, but outside of the FCC regulations,” Sunser said.
Town, village and city municipalities will be a little fatter financially once again from county payouts of excess revenues.
With mortgage tax monies totaling $469,976.12, the Genesee County clerk and treasurer have reported to the Legislature that these funds may be distributed to everyone from Alabama to Stafford, and all entities in between, according to the provisions of Section 261 of the tax laws.
If this measure is approved by the Legislature, as expected after being approved by two sub-committees already, this will mean the following payments for each of the following in Genesee County:
City of Batavia $ 110,175.18
Town of Alabama $ 8,412.02
Town of Alexander $ 27,606.46
Town of Batavia $ 102,188.96
Town of Bergen $ 12,215.15
Town of Bethany $ 17,252.44
Town of Byron $ 12,933.80
Town of Darien $ 29,548.18
Town of Elba $ 11,242.94
Town of LeRoy $ 35,768.49
Town of Oakfield $ 12,056.45
Town of Pavilion $ 24,859.10
Town of Pembroke $ 25,400.70
Town of Stafford $ 20,007.16
Village of Alexander $ 2,550.49
Village of Attica $ 883.54
Village of Bergen $ 1,655.00
Village of Corfu $ 1,515.26
Village of Elba $ 1,401.70
Village of LeRoy $ 10,398.34
Village of Oakfield $ 1,904.76
Per a resolution to come before the Legislature May 24, its approval would direct that the Genesee County Treasurer “hereby is authorized and directed to pay the Town Supervisors, Village Treasurers, and the Treasurer of the City of Batavia the amounts aforesaid from the Mortgage Tax refund.”
Genesee County Manager Matt Landers issues a local State of Emergency for the county Wednesday out of "an abundance of caution" due to threat of undocumented immigrants arriving here from downstate. Photo by Joanne Beck.
Citing “an abundance of caution,” County Manager Matt Landers declared a local state of emergency for Genesee County earlier Wednesday in response to rippling speculations about potential busloads of undocumented immigrants being sent this way from New York City.
One of the last straws — in an untidy political mix of statements about where immigrants should and should not go — was Orleans County’s declaration issued prior to Genesee County on Wednesday, Landers said. That was apparently one of the reasons for an executive session called abruptly after the Ways and Means meeting at the Old County Courthouse.
The private, executive session was called for what Legislator Marianne Clattenburg termed “what happened this afternoon.”
So The Batavian asked, what happened this afternoon?
“Well, a lot of it was just meetings with various stakeholders, Orleans County issuing their state of emergency was probably a prompt. Because of that, we took notice of that, there was a lot of speculation that raised our concerns about how easily a group of asylum seekers could end up at our doorstep without us even knowing,” Landers said. “So I guess it was our vulnerability that came to light of how simple and how easy and how fast that could happen, that we wanted to have this in place, in case that were to happen.
“So that was probably some of the prompts that happened throughout the day that caused us to take this action,” he said.
Congresswoman Claudia Tenney had previously issued a press release opposing a move to send immigrants to upstate SUNY campuses, though that doesn’t seem to be any official step being taken by the state government at this time. New York City Mayor Eric Adams has been pushing to move immigrants north.
Landers said that, because Genesee Community College receives both county and state funding, that he isn’t certain whether he would include GCC at some point in the list of entities discouraged from taking in busloads of immigrants during the county’s state of emergency. But for now, he is instead emphasizing hotels and motels.
The Batavian asked if he was aware of two busloads of people dropped off at The Clarion on Wednesday, rumored to be immigrants and news that was shared with us by a Batavian reader. They were confirmed by Sheriff’s Office personnel to be National Guards here for training, Landers said.
“Because it's about doing a good job of being aware. You know, we have contacts throughout the county that are in positions to help give any kind of advanced notification if there was an issue that came to light,” he said. “So there is a heightened awareness for county operations right now.”
State Gov. Kathy Hochul issued a State of Emergency for New York State for similar reasons, and for what Landers believes is to probably try and capture federal government financial resources, “which is understandable,” he said.
“This is more to get a better handle on control in Genesee County, and have the situation to an abundance of caution to be able to respond to a situation where we're not aware of asylum seekers coming to our community, there’s channels out there, and I do have confidence in the governor's office, through their representative, that they would try to reach out to us if there was a group that was heading to Genesee County, but there's different avenues of which that they can come from and it's not all through the governor's office,” Landers said. “So I am in consultation with the governor's office and, and the representative has been very forthcoming and upfront with me, and I think we've got a great working relationship. But that's only one piece of the puzzle. So the state of emergency is kind of trying to cover multiple scenarios, you know … And, again, we'll evaluate the state of emergency in the next five days, and see if we've covered everything, and maybe we strengthen it, modify it, or let it expire.”
The county’s Local State of Emergency was declared for Genesee County, due to New York City's program to rapidly increase the number of migrants in this County to unsustainable levels.
“Pursuant to NYS Executive Law § 24, when a State of Emergency is in effect, the County Manager may promulgate local emergency orders to protect life and property or to bring the emergency situation under control.
By law, upon reconsideration of all the relevant facts and circumstances, such an order may be extended for additional periods not to exceed five days each during the pendency of the state of emergency.
Press release:
Out of an abundance of caution, a local State of Emergency has been put into place by County Manager L. Matthew Landers as of May 17, 2023, in response to New York City’s program to bus migrants and asylum seekers to other counties in New York State. Genesee County is not equipped for a rapid increase of persons in need of services, and if the City of New York or other municipalities were to flood the County with migrants and asylum seekers, the situation would only worsen.
This Local Emergency Order will remain in effect for five days unless sooner modified, extended or revoked. It may be extended for additional periods not to exceed five days during the pendency of the local state of emergency. This order may be referred to as the “Genesee County Sustainable Migration Protocol."
In response to a possible plan by New York City Mayor Eric Adams to relocate undocumented migrants from New York City to Upstate New York, Genesee County has issued an emergency declaration banning the acceptance of immigrants from out of the county for at least five days.
The ban was effective at noon today, County Manager Matt Landers told The Batavian's Joanne Beck.
