public service committee

Now that most of the physical portion—the $70 million structure and internal components—of the new Genesee County Jail on West Main Street Road in Batavia is in place, Deputy Jail Superintendent Jeffrey Searls says the organizational part is next, and it is the most crucial part as far as the facility's safety and operation are concerned.

Genesee Justice has been moved out of the old jail downtown to its new quarters, and the focus is on training for those employees who need to know the lay of the land, Searls said during this week’s Public Service meeting.

“The main thing for us now will be getting training hours in and hitting all the topics for the Commissioner of Corrections standards. So we're working with them; their commission is sending at least one person out every other week to work with the transition team and myself on helping classifications and training several. Towards the end of May, we're going to start classes where all the CO’s are coming over, we’ll have a 36-hour class, three days to get everyone through and on board,” he said. “The Commission is also looking for much more training in our control room operations. So what we have done is with the transition team, basically being subject matter experts of the facility, have trained up a number of senior officers and training officers providing security 24/7 now, and then we are systematically training everyone one by one, multiple times working shifts, working security, but also going through the physical plans of the facility — understanding it and getting to know it and through operations and the control room, which are very, I don’t want to say difficult, but there’s a lot of moving parts within the control room.” 

Searls, who worked 23 years with U.S. Immigration and Customs Enforcement, began his role at the jail in December. According to an online bio, he has skills in collaborative problem-solving, coaching, security policy development, strategic thinking, leadership, criminal justice and supervisory abilities. 

He said that the new jail would hold an open house for the public to tour the facility, likely during the ribbon-cutting on May 10. Inmates won’t be moved in until everyone is comfortable with the procedures for picking up and dropping them off and the other protocols, he said.

Staff and other agencies, including law enforcement and fire departments will also review potential crisis situations, he said.

“We’ll get Batavia Fire going through doing the training on a regular schedule of Monday night training. So we’ll let them get out there, get full tours, know where everything is, all what they need to know for combating a fire there. I'll have more schematics come through,” he said. “We’re planning on having a law enforcement day. We have a lot of support; the sheriffs’ jail superintendents from around the area who have supported us along the way come through … we'll have the different shifts of the deputies … go through what the procedures will be at the facility, and how things will be the same or different for picking up and dropping off.”

Undersheriff Brad Mazur said that there are six correction officer vacancies, with four candidates in the background check phase. There are nine female correction officers in place since the new facility will house both males and females. 

Due to increased staffing needs for basic operations, work detail programs may be negatively impacted, according to Mazur’s report of the first quarter of 2024. CO training for the new jail, as Searls mentioned above, will result in an increase in overtime, the report states. Overtime in the first quarter was $90,318.

The average daily male population was 60, with 46 females being boarded out at a cost of $18,445, not including March, because that bill had not been received yet. The cost of meals was $38,778.47, at $2.11 per meal for 18,333 meals. 

During the meeting, Assistant Director of Emergency Communications Peter Hendrickson Jr. and Director Frank Riccobono reviewed the increased calls for service amidst the staffing shortage of two dispatcher vacancies. Calls have increased 13.78 percent since 2022, with a 36 percent rise in mental health-related calls. 

Director Frank Riccobono didn’t run the total numbers, he said, “but my gut feeling is they’re way up.”

“We're starting to get mental health calls involving 7-year-olds and 8-year-olds that back, you know when I first started, was unheard of. Right now, any mental health call is a two-car response until we can prove otherwise. There's been cases around the country where a juvenile ends up getting access either to a firearm or to some other type of weapon. So we have to play it safe until we can determine otherwise. It's a changed world,” Riccobono said. “We all know we're dealing with more children coming from broken homes. I’m certain that's probably part of it. But the inability to cope today seems huge, whether it's a child or an adult. I mean, we're getting calls that, you know, people can't even talk to their neighbor anymore, it seems, without having the police involved, and never in our day would we have done that.”

Sheriff’s Office deputies have had training with Genesee County’s Mental Health Department to help them respond to mental health calls, and they have access to a multi-county Spectrum crisis response, which has either determined that no response is warranted or has sometimes taken 45 minutes to arrive, he said. 

“People have talked to me about children in crisis,” Legislator Marianne Clattenburg said. “It’s difficult enough to talk to a 9-year-old … and then to wade into that by yourself, I want to make sure there’s help.”

Deputies have an iPad to make Telehealth calls to a doctor for guidance when needed, Riccobono said. 

As one of the leads on Genesee County’s new jail on Route 5, assistant engineer Laura Wadhams is understandably happy to see the $70 million facility finally round the corner to completion with a colorful array of inmate pods ready and waiting for beds and other furnishings to be installed next week.

“Today seems kind of fitting because as of March 15, the building was finally complete and is actually ours now. So, as of today, the jail transitions team is staffing the building 24/7 for security. They’ll be there from here until they open and move the inmates,” Wadhams said Monday during the county’s Public Service Committee meeting. “We are going to be turning over the keys to the jail staff, a little quick ceremony … the furniture is actually starting to be delivered on March 25, so it will be all of the commercial furniture for the jail admin, Genesee Justice, all the training rooms, things like that. And we’re working on planning for a dedication ceremony complete for sometime in May too, and officially open the building to the public.”

Senior Project Manager Carl York, who has typically given jail updates, has already moved on to another project, she said. She showed pictures of the new jail, including “the nice clean pods,” which are inmate cells in various colors of green, yellow, and purple for the women’s block, which “got the most separations,” Wadhams said. 

She said each block will be self-contained, with food brought to the inmates and each group having access to an outdoor area. Legislator John Deleo remarked how swiftly the facility has progressed to this endpoint.

“You’ve done an outstanding job,” he said. 

Staff from Genesee Justice will be moved out of the current jail at 14 W. Main St. to the new jail in April, and inmates will eventually move into their new housing by summertime, Wadhams said. The Public Defender’s staff will move to the old jail during renovations of the Engine House and will then move back once those are finished. 

Landscaping will be completed once the weather cooperates with warmer temperatures, she said.

“You can really see how far this building has come in the past two years. It's pretty amazing. So it's looking a little bit greener out there,” she said. "Now I’m excited to see how that comes through this spring. We’ve got some paving to do, clean up around the outside, landscaping, get rid of that big topsoil stockpile on the back, but it's looking great out there.”

The jail staff is working out a final plan to move inmates over to the new jail this summer, and there will be “quite a bit of training that our COs have to do for this style of jail compared to the jail that they have now,” Wadhams said. 

“So rotating COs through to do training while they’re still operating the jail at 14 W. Main is going to take some time,” she said.

County Manager Matt Landers reviewed a related change order for $59,725 for construction costs to install the backup 911 center in the planned shell space at the new jail. This amount is to be paid out of the new jail capital project budget and not an added expense, Landers said. 

The committee approved it, and a resolution will go onto the Ways & Means and then the full Legislature for a vote during the next two weeks.

Wadhams has worked as a civil, staff, and transportation engineer and transportation construction inspector for the New York State Department of Transportation. The new county jail was her largest county project since being hired as assistant engineer in September 2018, she said. 

She explained it sort of as a doll’s house you could see from an aerial view. 

“So when we talk about furniture, fixtures and equipment that's yet to come in, if you take the top off the building, turn it upside down, shake it, anything that would fall out would be considered furniture, fixtures and equipment. So think of desks and chairs, computers, TVs, things like that would also have to go into the building. So right now, it's a very nice, clean, empty shell for us to move into,” she said.

What will be going into the old jail and Genesee Justice building?

“It’s still all up in the air right now. I mean, it's a great central location for the county. So what ends up going in there is still to be determined. And there's gonna have to be some renovations done in order for anybody to use the space. So that's an intermediate while they work on the Engine House. So that's why Genesee Justice had to move. It's a very domino effect,” she’s said. “Right now, I'm glad we have it for the public defenders to move over. because it's still super central for what they need to do while the Engine House is being renovated, hopefully this summer.”

What’s your favorite part of such a project? Is it the beginning, ribbon-cutting, or some point in between?

“That’s a good question; I've never been asked that question before. I mean, for me, it's the end user, it's kind of certainly the ribbon cutting, that's great. You know, it's great for everybody to see it, step back and really look at it, take it all in,” she said. “But for me, it's seeing the end user, seeing Genesee Justice in their new space and jail admin in the new space, seeing, you know, our corrections staff is excited about working in a safe and bright and open space that they're going to be in, all the new technology that's going to be in this building that'll make that a lot safer for our corrections staff, plus the incarcerated individuals, it's going to be huge. So really excited to see that all come to happen.”

After what he considered to be an extensive search for funding of unserved county Broadband customers, County Manager Matt Landers put forth a resolution Tuesday to move forward with a two-year, $6.6 million plan to fulfill more than 700 “address points” and close the gap of internet service across Genesee County.

A contract for high-speed internet access could alleviate issues for everything from, according to legislators, students when relegated to doing homework by computer in cyber dead zones, to entrepreneurs trying to make a living conducting business at home.

“I’m still negotiating and having discussions with state officials trying to find outside pots of money that we could access even after contract award. Local representative for the governor's office, J.W. Cook, has been working with me recently, trying to find possibilities for additional funding,” Landers said during the county Public Service meeting that was postponed due to Monday's holiday. “But at this point in time, I think we've exhausted all of our attempts to find outside resources. Our office does get relatively quite a few calls, asking where we stand. So I think that we're at the point now to move forward with the 24-month contract, from start to finish. And this will be before you today for consideration.“ 

Legislator Gary Maha was in favor of the move, especially after hearing about how students struggled to do homework during COVID and the resulting pandemic when forced to do use whatever technology they had at home during school shutdowns, he said.

“I think it’s very important that we proceed with this,” Maha said.

Fellow legislator Christian Yunker agreed: “Just like many of us, many of us field a lot of calls, especially in the rural areas. There's a lot of holes in the kind of units sold on that access.”

“A couple of years ago, we started talking about this. We said we will fill all the address points. This is something that I think we've all talked about. This is a two-year process. It's time to start construction,” he said. “So with that, if we sign this now … when do they say construction will begin?"

Landers said that, potentially, it could be two to three months, up to six months, for the installation to begin. Once completed, “we would cover all addresses in the county.”

“We would be covering every single address,” he said. Residents can hook up to it if they choose, “it’s not obligating anyone,” Landers said. 

That was something the county “should be proud” of, Yunker said. 

“And there's probably not a lot of other counties out there can say that,” he said. “It's a service that we're providing to every resident. And I think it's something we should be proud of. It's a lot of money, but everybody knows how important it is, not only for residential people but also businesses.”

Legislature Chairwoman Shelley Stein added a kudos for Landers’ attempts to try and root out as much funding as possible while providing a needed service before pushing for a contract. 

“I would just like to thank the unprecedented amount of time that Matt, and energy, research, commitment that you have put into the contract, and understanding that the need is real for these address points in our community,” Stein said. “And at the same time, you've been very judicious in safeguarding the actual cash that needs to go into this program. Thank you for valuing both sides of the equation.”

She also asked if any other municipalities were pursuing internet service for their residents, and “none of the towns are doing anything,” Landers said.  “We’re only connecting unserved households,” he said of the 711 addresses to be covered.

“We were looking at a two-phase process, which would have decided which towns go first. We have done away with that to make this go as quickly as possible. So this is left in the hands of Charter (Communications) as far as their path. I can get updates as they go through the process to kind of get an idea of the direction. So I can sort of get an update and report back,” Landers said. “It's whatever is the quickest and most logical, economical for Charter to roll this out.”

The contract stems from a request for proposals issued in 2022 and an extensive process and input led by a committee that included three county legislators, IT Director Michael Burns, Richard Sutherland from Genesee Finger Lakes Planning, and Assistant County Manager Tammi Ferringer and other staff. 

Funding will come from the American Rescue Plan Act and state shared services monies and county reserves, Landers said. The resolution must still go through the Ways & Means Committee and onto the full Legislature for a final vote. 

The committee recommends that the award in the amount not to exceed $6,603,107 go the Spectrum Northeast, LLC, located in the State of Delaware, and the County of Genesee desires to obligate and use $2 million of its total ARPA allocation and $250,000 of shared services funding, plus $4.75 million of reserves for the project.

Think what you will about the use of artificial intelligence for making up silly random songs and possibly helping to write that late-night term paper, but there are certainly more cutting edge, time-saving uses for the technology.

Just ask Genesee County Highway Superintendent Tim Hens. He recommended that the county purchase a $30,000 subscription to an AI service that will analyze state Department of Transportation bridge and culvert reports, identify problem areas and help county personnel potentially whittle a job from 12 months down to two or three weeks.

"So after the first of the year, we're going to upload all of our bridge inspection reports to the company. And they're going to use the AI software to just quickly analyze all the pictures and the data. And there's, I mean, each bridge probably has a 15- to 20-page report that comes with it, they're gonna go through each report, look at all the pictures that AI literally scans the photos,” Hens said after Monday’s Public Service meeting. “And I don't know how exactly it works. Yes, the software can detect things. I mean, you know, a human could detect it as well if we were going through it, but it's literally 1000s and 1000s of pages. And we only have two or three people. And we have other stuff like a jail and a water project that are being built. So you just nip away at it. And you might get through two or three a week. But we've got 374 bridges and culverts that have got to be inspected. And then someone's got to go through those reports. So this is kind of a quick way. 

“Again, using AI software, which is brand new to the industry, to review all of those pictures and photos and then just spit out a report saying okay, you've got 20 bridges that have concrete abutments that need repairs, you've got 10 bridges that have bad bearings, you've got two bridges that should be painted, and here's the costs, and here's the locations,” he said. “It's got to be fixed. And it's pretty impressive. It literally will do in two to three weeks what it would take two to three humans to do all year long.”

He’s got faith in the company, Dynamic Infrastructure, which is just breaking into New York State, with Genesee County being one of the first counties to use this technology. He knows that some are using it in Iowa and Minnesota, with some counties here investigating it, “but I think we’re one of the fist ones in New York State” to be using it. 

“I’ve seen a demo multiple times. I’ve been through an hour-long presentation on it. It’s very impressive,” he said. “It’s gonna be, I think, a good tool for us, hopefully moving forward.”

It is about prioritizing, he said, and will also involve some strategy once he can see what kinds of repairs are needed and where.

“Because if you have similar repairs on bridges, but they're spread out in seven or eight different locations, you might just issue one contract. You know that the contractor might go from bridge to bridge to bridge fixing the exact same thing in six different locations, which is a heck of a lot cheaper than putting out six different contracts and then having six different contractors, piecemeal, yeah, so it's going to allow us to kind of, you know, kill two birds with one stone, and probably get a little bit of bang for our buck too, because you're gonna be hiring a contractor to do 10 locations as opposed to one at a time,” he said. “So I think it's gonna be a really powerful tool.”

The Public Service Committee agreed with his recommendation and moved the resolution on to Ways & Means, and then it will go to the full Legislature for a final vote that Hens recommends further analyzing county bridge and culvert inspection reports with artificial intelligence software to quantify and estimate repairs identified in the reports.

Hens has evaluated a proposal for this work and has recommended the purchase of an annual subscription to this service from Dynamic Infrastructure of New York, NY, at a cost not to exceed $30,000 for the period from Jan. 1, 2024, through Dec. 31, 2024.

He doesn't believe that it will be necessary to have a yearly subscription, so once the brunt of the work is done and details obtained, it can be canceled until the county needs updated information, he said. 

The contract will be funded by the Large Span Culverts Capital Project, which has an available balance of $2,739,357.

Amanda Lee received a bit of spotlight Monday as she sat in the hot seat for the first time as the newly hired GLOW regional solid waste management-recycling administrator.

Lee replaced Peggy Grayson, who retired from the full-time position June 30 after nearly two dozen years. As a search was conducted, Grayson had agreed to remain on in a part-time capacity to show her successor the ropes, training which the newcomer said she was grateful for.

“I’m really glad I had that month,” Lee said during the county’s Public Service meeting.

The job deals with all things recycling and solid waste management, from used paint cans and electronics to cooking oil, vaping cartridges, and K-cups, related collections events, and composting.

Lee had already gotten her feet wet with a couple of recycling collections, she said. She had also begun to ease some social media into the job so that people could communicate with her online, she said.

So what prompted Lee, who is from Hamburg, to pursue this profession in Genesee County? Timing is everything.

She has a bachelor’s degree in environmental studies and animal behavior, ecology and conservation, and specializes in conservation issues. 

“Waste management is a really big part of that. So I just had graduated during COVID, in the pandemic, and so the opportunities to get into the environmental world were very slim as it is,” she said after the meeting. “So I saw this opportunity and I jumped on it as soon as I could, as a way to really grow my career and start my career really. 

“I want to have a positive environmental impact on the world. And I think starting in local government is a really, really good place,” she said. “And offering people that don’t always have access to disposal of things that opportunity to get rid of them in an environmentally friendly way.”

Lee's first official duty was to introduce an intermunicipal contract renewal to the committee, which it approved and passed along to Ways & Means.

The Genesee, Livingston and Wyoming Counties (GLOW) Region Solid Waste Management Program Intermunicipal Cooperation contract is scheduled to expire on Dec. 31, 2023, and the GLOW Region Solid Waste Management Committee recommends the continuation of the contract. 

The budget impact of $26,151.52 is the projected annual Genesee County contribution for 2024 and 2025. The contribution is an increase of 4.4 percent from the previous year as adjusted per the latest Census numbers.

It is expected that Ways & Means will approve the contract, and it will then move on to the whole county Legislature for vote.

If local officials were to play on that old game show where the announcer would whisper the special word of the moment, it would most undoubtedly be “housing.”

And the clues given would be low income, market rate, owner occupied, rental, and, according to County Planner Felipe Oltramari, unmatched.

It is that current necessity that has prompted a Genesee County housing needs assessment and market analysis.

“We may have enough low-income housing, but we may not have enough for young professionals or we may not have enough rental units versus owner-occupied units, so there’s different sectors in the housing market, where you basically have to match that to the population you’re either trying to attract through economic development projects like STAMP or that are currently here,” he said after Monday’s Public Services meeting. “One of the examples we hear all the time from municipalities is there aren't enough senior patio homes so that people can downsize in their community. So there may be some in Rochester, Buffalo, or in Batavia, but there may not be any in Elba, or in Oakfield. And people want to stay in their community so they can still go to their same church and do all those things.”

Another example he gave was of senior citizens not wanting to maintain their four- or five-bedroom homes, but how those larger properties might then better serve young families that are looking to own a house.  

“So those kinds of different sectors all need to be matched up. And basically what the study does is identify all those things, and makes it available to potential developers that could go and say, oh, you know, all that research is done for us, it's a lot easier to come in and invest,” he said. “So that's why it's a powerful tool because you basically do a lot of work for those developers that are looking to build those types of things that we might need. And then those projects can happen.”

The last such housing needs assessment and market analysis was done in 2018, but due to COVID, the data used was from 2015, and since then, “our market has really changed,” Oltramari said. Property owners know what he’s saying is true: “A lot has changed. Anybody who’s been out there and looking at their assessments has noticed, home prices have really changed in our county.”

“So we want to make sure we’re up to date,” he said. “Developers might come in and say, ‘yeah, that’s nice (that you did one in 2018), you have one but it’s not up to date. So we need to know what’s going on right now.”

The Public Service Committee agreed. It voted to move the request on to Ways & Means and then to the county Legislature for a final vote that Genesee County acknowledges that an update to the Housing Needs Assessment and Market Analysis is needed due to the rapidly changing nature of the market. 

Genesee County solicited proposals from vendors to undertake the study through a Request for Proposals issued in July, and a vendor selection committee made up of representatives from the County Manager’s Office, Planning Department, Genesee County Economic Development Center, and the Genesee Region Housing Initiatives Committee, reviewed four separate proposals. 

The group recommended Urban Partners of Philadelphia, Penn., at a cost not to exceed $50,000, for the job. The company had good reviews, and the City of Batavia and Batavia Development Corporation also gave input about the selected vendor, Oltramari said. 

Batavia city officials recently issued their own appeal for housing initiatives in the form of grant funding from $10,000 to $50,000 for individuals or groups interested in building or rehabbing a rental or owner-occupied development of some type in their quest to obtain more market-rate housing. 

A snippet from Urban Partners' website states, “We prepare detailed analyses of housing markets that include supply and demand analysis, forecasting of future housing needs, incentive programs to provide unmet demand, and affordable housing needs analysis. 

“Our work usually involves the engagement of community stakeholders in formulating housing priorities,” the site states. “We also assist specific housing developments in identifying target markets and planning production strategies.”

If approved by the Legislature, the study is to begin in November and take approximately nine months to complete.

The $50,000 contract is to be funded by sales tax proceeds. A $50,000 grant funding request was made to Senator George Borrello’s office, and if any grant funds are awarded and received, those funds will be used to cover the cost of this contract instead, according to the resolution.

With numbers tallied, it looks like a fair amount of overtime for Genesee County highway and airport employees due to the Wings Over Batavia Air Show: approximately $6,308.

But county Highway Superintendent Tim Hens had another number to counter that during his annual department report Monday: the 5,513.50 gallons of aviation fuel sold at the airport during the two-day show more than made up for the overtime cost, he said. Fuel sales totaled $6,599. 

Despite that boon in sales, fuel sales remained flat overall this past year, he said, trying to recover from an operating loss of $23,000 after Mercy Flight suffered the loss of a helicopter in 2022, coupled with rising fuel prices. 

Quiet was an interesting word for Hens to use about the airport, given this year’s two-day air show extravaganza. He was referring to construction at the Saile Drive facility, and for that, “it has been a quiet year at the airport,” he said. 

“It’s one of the first seasons in many years where there hasn’t been major construction in progress on the airfield,” he said during a report rundown to legislators on the Public Service Committee.

“It was one of the first years that I can remember in a long time where we haven't had a project going out there that's disrupted the runway or the fencing or the lighting or an apron. It was kind of nice to have that,” Hens said.

That won’t be for long, as a future project for 2024 includes the replacement of many incandescent runway and taxiway lights to LED versions that will generate future savings on electrical use, he said.

In other ways, the airport has been quite busy in planning for and implementing Wings Over Batavia Air Show, he said. Drawing nearly 9,000 people during Labor Day weekend, the event seems destined to be a repeater, as organizers have said they’re discussing plans for bringing it back again next year.

“We had our air show … I think the feedback that I'm seeing in the community is overwhelmingly positive. A lot of great comments. People enjoyed it. They're all asking if it's going to happen again next year,” Hens said. “I can tell you from internal, of the things that I was worried about, traffic was not an issue. Parking was not an issue. Safety-wise, we only had two very minor medical issues all weekend; it was both scraped knees where kids were running around chasing each other and fell on the asphalt with scuffed knees; that was the biggest thing we had.

“We sold 5,500 gallons of aviation fuel over the weekend to the show that covered our overtime, more than covered the overtime, tied to the weekend relative to the sweeping of the runway and the overtime for the airport guys and the facility guys to open up the fence and things like that,” he said. “So I think from a county perspective, I'm happy with how it went down and went smoothly. Again, great community feedback and a great community event.

"And there's obviously things I think we can do better in the future and have even less county involvement than we had this year. But being a first-year show, there were some things we had to get squared away," he said. "So I know there's already a move afoot to have another event next year. And again, hopefully, it goes smoother than we had this year.”

Public Service Committee members passed along a grant of $7,000 for final approval Monday for the purchase of additional kayaks and accessories for the Youth Bureau’s kayaking program at DeWitt Recreation Area in Batavia.

Genesee County Highway Superintendent Tim Hens reviewed the program and grant during the committee’s meeting and said that although it’s an Interpretive Center/Youth Bureau grant award, it also “supports kayaking at the park.”

Kayaking is an activity that has been steady at DeWitt Lake, made even more popular with lessons offered twice a year by Conservation Education Program Coordinator Shannon Lyaski. 

Hens shared that his department will be seeking a replacement for Lyaski, whose last full-time day will be Oct. 14. The committee approved Hens’ request for a part-time, temporary position to allow her to remain until the vacancy is filled. 

It will be a loss for sure, Legislator Marianne Clattenburg said. 

“She grew so much in that job and really changed it,” Clattenburg said.

The request was to create one temporary, less than full-time (19 1/2 hours per week) Conservation Education Program Coordinator position to allow the current employee to assist with the transition.

Salary for Conservation Education Program Coordinator, Management, Grade 112, Step 7, would be at the rate of $29.48, effective October 7, 2023, through December 31, for a total cost of $8,308.69. 

Another reason for the increase in kayaking is a kiosk rental that took a bit longer than expected to arrive since first reported in The Batavian in May but is finally at DeWitt. 

The set-up provides everything for someone to get a kayak, life jacket and paddle and get out on the water for some fun.  

“The feedback from the community has been positive,” Hens said.

The agreement between the county and the rental company is for a period of five years, at a total cost of $16,000, for the installation and activation of smart lockers, fully equipped with kayaks/lifejackets and locker signage. Kayak users would then pay a rental fee through the use of the kiosk that would go back to the county.

This park amenity expense will come out of the Capital Project DeWitt Improvements Phase IV, with $6,000 of this cost offset by a donation from the Association for the Conservation of Recreational and Natural Spaces (ACORNS), for a total cost of $10,000 to the county.

This latest grant that Hens reviewed on Monday is from the Youth Sports Education Funding, and once officially approved by the county Legislature, will increase the County Park Program Expense in the amount of $7,000 to be offset by an increase in Revenue in a like amount.

While a gathering of bees and woodpeckers have been welcomed visitors by Mother Nature at the Interpretive Center at Genesee County Park & Forest in East Bethany, they weren't so appreciated by county highway staff once they saw the damage.

The woodland creatures ate their way through the Center’s natural siding, and the price for the replacement of that and a new roof left County Highway Superintendent Tim Hens with a bit of shopper’s discomfort.  

“I was a little shocked at the price of the project, to be honest with you, but the low bid we received was $248,350. I think with the original, volunteers did it, and the original siding was cedar lap siding … and the bees and the woodpeckers have just literally destroyed that. I mean, there’s physical holes in the roof. It needs to be done,” Hens said during the county’s Public Service Committee meeting Monday. “The problem from a municipal standpoint is it’s too small of a project for your general construction people to get involved because they have to suck everything out, and they don’t make any money on it. And it’s the subs that would do the work and don’t want to be the (general contractor) because they don’t want to have to take up the bonds, and the insurance is required to be the person in charge. So it’s kind of in this purgatory gray zone area between a big project and a small project.”

The cedar siding would be replaced with a fiber cement siding, which is appropriate for the building, he said. Vinyl could be used, but it wouldn’t really look appropriate on that building, and “you’d lose a lot of the character,” Hens said. Using vinyl would have saved about $10,000, and everyone involved is comfortable spending the extra money “to do it right,” he said.

“It will make it so that it’s maintenance-free for the next hopefully 30 or 40 years,” Hens said.

And the bees and birds should leave it alone since it’s almost like concrete, similar to what’s used at the airport terminal. 

“It’s not prone to bugs and insects and woodpeckers,” he said.  “It’ll be architectural shingles on the roof. They’re going to be rewrapping some of the soffits and aluminum, and then the main part of the building will be shake fiber cement siding, and then the higher part in the center will be a false stone application. It’d be really sharp when it’s done. It’s just the pricing sometimes, in a municipal sense, blows my mind. I saw $240,000. We had $205,000 originally for the budget. I thought we were gonna be great, but this is what it is.”

“We’ve used metal on some of the pavilions and whatnot, but we didn't consider it in this place, just again from the cost standpoint, it's a bigger building, bigger roof, and then Paul wants to keep it kind of a cabin in the woods type of a setting,” he said. “It was put together almost 100 percent by volunteers and by county staff, so it's 25 years old.”

He has recommended Kircher Construction Inc. of Mount Morris for the job and expects it to be completed by this fall. 

There’s no concealing their opposition to the newly enacted Concealed Carry Improvement Act as Genesee County legislators unanimously agreed Wednesday to sign a resolution stating the Act is unconstitutional.

Public Services Committee Chairman Gary Maha believes the act was put together quickly in the aftermath of mass shootings, and it penalizes the wrong people.

“I think it really hurts law-abiding citizens,” he said. “If (criminals) want a gun, they’re going to get a gun.”

Fellow legislators Marianne Clattenburg and John Deleo agreed.

“I think it hurts the honest guy,” Deleo said.

The revisions seem to be “putting up barriers,” Clattenburg said, pointing to the new requirements of training, an interview and having to provide many personal details of one's household. 

“It’s a barrier to your rights,” she said.

They underscored the prominence of the Second Amendment to keep and bear arms, and how the Concealed Carry is no improvement act. The Second Amendment states that “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

The legislators’ resolution states that the act “presents procedural roadblocks in the form of privacy violation, subjective standards, financial burdens, and overt restrictions on individuals seeking to exercise a fundamental right.”

A subdivision of the law was added to state that no license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant 21 years or older (military veterans honorably discharged are exempt from the age requirement), and be of good moral character, which means having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.

Those with a license shall be required to complete training prior to recertification and must submit to an interview with the licensing officer and provide the following:

• Names and contact information for the applicant’s current spouse, or domestic partner and any other adults residing in the home, including any adult children of the applicant and status of them residing there full- or part-time;
• Names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements, that suggest they are likely to engage in conduct to result in harm to themselves or others;
• Proof of certification of training;
• A list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicant’s character and conduct.

Not only will the Legislature “vehemently, adamantly and with full resolve” oppose what members believe are “ill-advised provisions,” of the act, but they will also work with other counties to demand its full repeal based on being “unjust, ineffective, vague and unconstitutional.”

As a longstanding defender of citizen rights and the Constitution, the Legislature calls on all other municipalities in the state — and any advocates for freedom and liberty — to challenge this law “by any means possible as unconstitutional,” legislators agreed.

Copies of the county’s resolution will be sent to several state representatives, including Governor Kathy Hochul, New York State Assemblyman Stephen Hawley and state Senators George Borrello and Edward Rath III.

Hochul signed this law on July 1 after what the county Legislature believes was “surreptitiously rushed bills and through to passage under a message of necessity and during an extraordinary session bypassing the traditional rules and procedures of the state legislature. The law then went into effect on Sept. 1, placing “unprecedented and overtly restrictive conditions on applying for, obtaining, utilizing, maintaining and recertifying a conceal carry permit for personal protection and other legal uses as clearly provided for in the Constitution of the United States,” the county’s resolution states.

To read the full law, go to Concealed Carry.

Photo: Members of the county's Public Service Committee, led by Chairman Gary Maha, head of the table, discuss and vote on a resolution opposing the newly adopted Concealed Carry Improvement Act. Photo by Joanne Beck.

The Genesee County Sheriff’s Office will be reassigning its courthouse deputy positions in light of news that the New York State Office of Court Administration will be providing its own security team this summer.

County Sheriff William Sheron shared this during an update of his department today at a meeting of the County Legislature’s Public Service Committee at the Old Courthouse.

“The Office of Court Administration that oversees the (Genesee County) Court Facility … did put us on notice that they're going to have their own private security take over,” Sheron said. “The court security (change) originally was going to be April 1^st, but that did not give us enough time for transition so they did agree to July 1^st. That means the five court officers -- deputies and sergeant -- will be returning to the sheriff's office and assigned to various duties.”

Sheron said the court positions will be eliminated through attrition.

“Right now, we have two vacancies and we anticipate a third officer will be retiring in July,” he said. “Another officer (will retire) at the end of the year and a third officer, the first part of 2023.”

He said the court sergeant will return to road patrol and be assigned as an administrative sergeant.

“I do need some type of position … to take up some of these administrative duties that just got overwhelming over the last few years with discovery and body cam footage and so forth,” Sheron advised.

The sheriff reported that four deputies will be completing field training next month.

Additionally, two deputies came to the department as lateral transfers from Syracuse and the State Park Police, which will save the office “a little money … as they came to us fully trained,” he said.

Two other deputies are in law enforcement academies, with one in Erie County to be available for duty in December and the other in Niagara County to be available for duty in February 2023.

At least a half-dozen officers are in other types of training, Sheron said.

“We do have a young staff so we have a lot of in-service training for investigators -- anywhere from basic criminal investigations training to evidence collection and interview interrogation,” he said.

Included in that group are the office’s K9 patrol, Sheron said, noting that “both of our canines are doing very well – healthy at this time and are on patrol.”

The Sheriff’s Office school resource officer program is running smoothly, he said, adding that Pavilion Central School District recently voted to go from a 12-month contract to a 10-month contract that will take effect in September.

Sheron said he is having to deal with the excessive amount of time that it takes to deal with certain crimes, especially fraud cases.

“Everything’s requiring a subpoena or search warrant,” he said. “Banks just want more records. It's really taxing on our investigators. I just want to bring that to light because we are seeing more and more and more of this.”

Statistically, deputies are seeing a dramatic increase in the number of warrants served.

“Usually, we have 170 to 190 active warrants at a time. Right now, we’re running 325 to 350,” the sheriff said.

Some more statistics, as of April 1:

• Felony investigations, 71.
• Juvenile investigations, 8.
• Drug task force investigation cases, 10.
• Other investigations (misdemeanors, pistol permit, fatal traffic accidents), 167.
• Items of evidence processed, 312.
• Incidents, 7,799.
• Background investigations, 11.
• Motor vehicle accident reports, 324.
• Motor vehicle accidents, 474.

The Sheriff’s Office oversees seven areas: jail, civil/records, criminal investigations, communications, road patrol (including animal control), Genesee Justice and Justice for Children Advocacy Center.

Department heads reported to the Public Service Committee in the following areas today:

COMMUNICATIONS

Emergency Communications Director Steven Sharpe said his department is having difficulty filling four part-time dispatcher positions, citing qualifications, the “plug-in” nature of the shifts involved and the hourly wage being offered.

“We’ve got people who are on the Civil Service list but they don’t want to take a part-time job,” Sharpe said. “So, they also tie up the list. Part-timers that we do get – who are on the list – we can’t reach them when a full-time position opens. There are other people ahead of them on the list that won’t take the part-time job.”

In an effort to attract young people into emergency dispatch, Sharpe is trying to develop a curriculum at Genesee Community College, but acknowledged that it has yet to take hold.

Sheron also noted that starting pay for a dispatcher is $20.37, less than the $20.50 being offered to overnight stockers at Walmart.

“And it’s not just law enforcement, it’s everywhere,” he said. “We’re going to have to start looking at wages.”

Other communications highlights:

• 2021 calls for service: 76,751 (consisting of 81,107 dispatch events for police, fire and EMS).
• Molasses Hill Tower is complete and was funded by four different NYS Statewide Interoperable Communications Grants. The final acceptance occurred in February.
• The Cedar Street Tower at County Highway department is significantly overloaded and will require replacement due to changing engineering standards. Ice loading requirements have been increased from a half-inch under previous standards to 1-3 inches. Sharpe is seeking budgetary quotes to submit a capital improvement project for 2024 at the latest.

COUNTY JAIL

Jail Superintendent William Zipfel said openings include a senior correction officer, part-time correction officer, registered professional nurse and, as of this month, six correction officers (four to replace the officers assigned to the new jail transition team).

He also said he has been unable to find someone to fill the part-time cook job (paying $17.32 per hour) for quite some time.

Expenses are going up significantly, specifically in the Medicated Assistance Treatment program, food, supplies and energy, Zipfel said.

The MAT program is straining the jail budget due to the fact that prescribed controlled substances, such as suboxone, cannot be returned for refunds and cannot be given to another inmate. They must be destroyed.

People come in and they get prescribed suboxone and methadone and all kinds of controls, and next thing you know, they're released. We can't send those back. We can't use them for anyone else,” he said. “We turn it over to an investigator and they get destroyed. And until somebody decides to do something about this program that says, ‘If I want it, I get it,’ I don’t know what we’re going to do. It just keeps increasing and increasing and increasing.”

Zipfel said the jail’s overtime budget is on the rise, as well, due to the “huge number of hours just for constant watches in the first quarter of this year.”

“I don't see that stopping or going down a lot. We're dealing with sicker population as far as physical and mental issues, and we have to put them on constant watch,” he said, adding that intervention by mental health professionals has helped.

Some jail statistics through the first quarter of 2022:

• Overtime Budget, $112,369.
• Constant Watch and Hospital Hours, 2,118.
• Food Costs/Meal Services, 15,799 meals served; $21,677.06 total cost; $1.3720 cost per meal.
• Average Daily Population, males, 55.6.
• Inmates Boarded Out, females, 30 inmates, $64,300 (not including Wyoming County).
• Inmates Boarded Out, males, 10 inmates, $25,140 (not including Wyoming County).
• Parole and State Readies as a portion of the Average Daily Population, 15.

GENESEE JUSTICE

Program Coordinator Diana Prinzi reported three part-time community service/victim assistants are needed, but the possibility of combining two of the part-time jobs into a full-time position is being considered.

Funding for the department through the Office of Victim Services decreased this year by nearly $14,000, dropping the total to $130,104 – the original funding amount released in 2019.

She said the office is requesting $181,917 per year for the new contract period that runs from Oct. 1, 2022 through Sept. 30, 2025. Department of Criminal Justice Services’ grant funding: has remained the same since 2019.

The agency’s program numbers in the area of Release Under Supervision, Community Service and Victim Assistance are increasing and expected to hit or exceed pre-COVID statistics.

JUSTICE FOR CHILDREN ADVOCACY CENTER

Program Coordinator Theresa Roth said her department is actively recruiting for a supervising clinical social worker, a position that has been vacant since it was created last November.

Last year was the busiest in the history of the JFCAC, she said, with 262 new cases opened, and this year is expected to meet or exceed that number.

A contract with the state Office of Children and Family Services for funding of the agency’s satellite offices in Albion and Warsaw has been renewed through September 2027, she said, noting that having these locations results in signficant savings for Orleans and Wyoming counties.

Roth also reported a “small cut in funding” from the state Office of Victim Services.

That drew the ire of Legislator Marianne Clattenburg, who called it “reprehensible” that the state would not prioritize services for abused children.

Photo at top: Genesee County Sheriff William Sheron reporting to the Public Services Committee this afternoon. Emergency Communications Director Steven Sharpe is in the background. Photo by Mike Pettinella.

The Genesee County Legislature’s Public Service Committee this afternoon approved two measures connected to the to design and right-of-way aspects of the mostly federally-funded South Lyon Street Bridge replacement project in the City of Batavia.

The first resolution amends the capital project by $23,000 ($4,500 in local funding) to pay for a supplemental agreement with Fisher Associates of Rochester for additional ROW consultant services, and the second resolution is for the county to purchase two parcels needed to complete the project.

If approved by the GCL’s Ways & Means Committee and, ultimately, the full legislature, the county will pay $4,000 to Aaron Howland and $1,900 to BGW Properties LLC for the land.

The amended project total is $659,933, and is to be funded with 80% federal aid and a 20% match from local 1% sales tax revenue.

In other action, the PSC recommended approval of the following resolutions:

• Intermunicipal agreements with the Town of Alexander Water District No. 6 and Town of Bergen for improvements that will advance Phase 3 and Phase 2, respectively, of the Countywide Water Project.

The county will reimburse the Town of Alexander an estimated $231,863 per year for 38 years for the town’s installation of a water main and construction of a water storage tank that benefits the countywide system.

Genesee will reimburse the Town of Bergen for $38,000 in cost increases related to a previous agreement for the upgrades of certain water mains constructed by the town in Water Improvement Benefit Area No. 1. The increase brings the total eligible for reimbursement by the county to $85,000.

• Acceptance of a $50,000 grant secured by Assemblyman Stephen Hawley from the Dormitory Authority of the State of New York to assist in the restoration of stonework at the Genesee Justice (County Jail) building at 14 West Main St.

County Engineer Tim Hens said the extensive project could cost as much as $1 million. Necessary work includes repairs to the damaged front porch, repointing/resetting of stones on the historic front part and repairs to the built-in gutters, fascia and soffit.

“The last time we tried to bid the project it was nearly $500,000, but I'm guessing it might be closer to a million,” Hens said. “We are having a construction estimate being generated by third-party consultant before trying to bid.  We are also trying to secure additional grants.”

• Amendment of the Genesee County Airport apron reconstruction project upon receiving word that the Federal Aviation Administration would be increasing its funding and no longer would require state or local aid.

As a result, $75,866 will be returned to the county, with the FAA picking up the entire $1.5 million cost of the project due to an increase in COVID funds dispersed to localities.

The committee also voted in favor of the following capital projects for 2022, to be paid for through the 1 percent sales tax fund: Holland Land Office Museum Restoration Study, $45,000; Courts Facility Boiler, $39,000; Highway Fuel Farm Upgrade, $35,264; Countywide HVAC (Heating, Ventilation, Air Conditioning) Controls Upgrade, $225,000.

• Adoption of the Genesee 2050 project that includes updates of the county’s Comprehensive and Recreation plans, a venture that has been partially funded by a $40,000 grant from New York State Empire Development.

The remainder of the $100,000 expense will be covered by a $45,000 cash match from a previously established capital project and a $15,000 in-kind contribution.

County Planning Director Felipe Oltramari said both plans have to be approved in order for the grant to kick in. He said that plans call for continued use of focus groups and input from the general public in the process.

In a related move, the committee authorized the county’s continued support of the Genesee/Finger Lakes Regional Planning Council at the $10,967 annual level.

• Reappointments of Tim Hens, Timothy Yaeger and Donna Hackett to the Genesee County Traffic Safety Board for three-year terms; Danielle Cummins and Diane Fowler to the Water Resource Agency for two-year terms; Donn Branton to the Agricultural Farmland Protection Board for a three-year term; Richard Richmond II to the Genesee County Planning Board for a two-year term; Michael Ciociola to the Fish & Wildlife Management Board for a two-year term, and Edward DeJaneiro Jr. as an alternate member to the GLOW Region Solid Waste Management Committee.

• Applications from ACORNS, the Genesee County Park and Forest volunteer organization, for a music in the park event on Aug. 6 and a 5K/10K trail run and walk fundraiser on Oct. 2.

All PSC approvals are subject to passage by the Ways & Means Committee and, ultimately, by the entire Genesee County Legislature.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Noting that it was “bound to happen sooner or later,” Genesee County District Attorney Lawrence Friedman is overseeing a relatively inexperienced staff as he moves toward retirement after more than 24 years on the job.

Friedman provided a review of his department at Monday’s Genesee County Legislature’s Public Service Committee meeting, reporting that all five of his line assistant district attorneys were hired during the past 27 months, and when he retires at the end of this year, the office will have another new attorney.

He said he hopes that these attorneys – Kaitlynn Schmit, Joseph Robinson, Robert Shoemaker, Andrew DiPasquale and Aaron Moore – will continue to serve the county after his departure.

“I’d like to think that most of them will stay,” he said. “Eleven years ago, every attorney had more than 20 years’ experience. When I retire, nobody will have more than two and a half years. It’s a major change, and I guess it was bound to happen sooner or later.”

First Assistant District Attorney Kevin Finnell, who has been an assistant DA for 30 years, is running unopposed in November to succeed Friedman.

Friedman was an assistant district attorney for six years and first assistant DA for nine years prior to becoming the DA.

He said it has yet to be determined if Finnell’s position will be filled internally or not.

In his report, Friedman said that operations have not returned to pre-pandemic conditions, stating that town and village courts have reopened but on a limited basis. County Court recently returned to full staffing but many matters are being handled virtually.

The county’s first post-COVID-19 felony jury trial is taking place this month.

“We have, not surprisingly, built up a substantial backlog of cases and it will take quite some time to get caught up,” he reported, adding that it is a cause for concern with many new employees on board.

He said he is requesting the creation of a temporary assistant DA position and also hopes to find an experienced prosecutor to fill in for another assistant DA who will be on parental leave.

Friedman reported that a Discovery Reform grant for $228,720 has been obtained, with $3,791 going to the Village of Le Roy, $48,898 to the City of Batavia and the remaining $176,031 to Genesee County. The latter amount fully covers the Discovery Reform expenses incurred for the one-year grant period by the DA’s office and Sheriff’s Office, he said.

PROBATION DEPARTMENT UPDATE

County Probation Director Timothy Michalak presented his department review as well, reporting that about 500 adults currently are on probation and that he expects that number to go up.

“(With bail reform,) you can’t put anybody in jail so, yes, I believe it will increase,” he said.

Michalak reported that the department’s probation officers are handling an average of 70 cases each, calling that number “not terrible – a bit over the 50 that is recommended,” but thinks that amount is bound to increase as the court system returns to normal.

He informed the committee of the department’s “Ce Check-In” software that enhanced its supervision during the pandemic with time, date and location stamps and, on smart phones, photo capability.

“Going forward, we’re going to continue using it to a smaller extent,” he said.

Concerning the department’s budget, Michalak said he saw no major issues, and anticipates receiving full reimbursement from New York State – not the 20 percent less than he had budgeted.

He also said Probation received $30,000 more in Department of Social Services shared services funding, and that covers a large percentage of two juvenile probation officers and one juvenile supervisor.

SHERIFF’S OFFICE RENEWS SRO PACTS

On another law enforcement front, the PSC recommended approval of renewals of memorandum of understanding with Alexander, Pembroke, Oakfield-Alabama school districts and Genesee Valley BOCES for school resource officers for the 2021-22 school year.

The Alexander contract covers a full year – July 1-June 30 – while the Pembroke and O-A pacts run from Sept. 1-June 30. Genesee Valley BOCES increased its coverage from 10 to 12 months.

The full year costs to each district and BOCES are in the $98,000 to $99,000 range.

Sheriff William Sheron submitted another resolution to accept $41,876 from the state Division of Criminal Justice Services to continue the Community Service Sentencing Program and Pretrial Services Program for one year, starting July 1.

The sheriff also reported that the Village of Bergen wishes to renew a contract for additional road patrols for another year, effective June 1, at a cost not to exceed $13,500.

The PSC recommended for approval both the grant and increased road patrol resolutions.

The lawyer who coordinates the Assigned Counsel Department for Genesee County said she believes that virtual court appearances will continue in one form or another even as society pulls out of the grip of the COVID-19 pandemic.

Kristie DeFreze, (photo at right), an attorney with the Bonarigo & McCutcheon law firm in Batavia, made that observation this afternoon as she presented a review of the indigent legal services unit during the Genesee County Legislature’s Public Service Committee meeting.

“I think that, in some form, it is here to stay – at least in Family Court,” said DeFreze, noting that she see positives and negatives to conducting court proceedings remotely via Zoom or other type of videoconferencing. “For certain court appearances, they will keep it around.”

DeFreze said that virtual sessions seem to have cut down on court time and waiting time – as well as expenses – but have led to an increase in time spent communicating with clients and other parties.

County Attorney Kevin Earl agreed, stating that virtual meetings are good for routine appearances, such as traffic court cases, but “when it comes to hearing and trials, it’s very difficult to know ahead of time what exhibits you need, (which can lead to delays).”

The decision to continue remote proceedings rests with the administrative judge of the judicial district, she said. That position in this area – the 8^th Judicial District – currently is held by Paula L. Feroleto.

In reporting the makeup of the panel attorneys in Genesee County, DeFreze said that most of the lawyers practice outside of Genesee County.

On the criminal panel, nine of 13 are from outside the county; on the family panel, eight of 12 are from outside the county; and on the appeal panel, five of six are from outside the county.

When asked why this was, she said it is a matter of dollars and cents.

“We have a smaller pool here when compared to Erie and Monroe counties, plus the pay rate is very low,” she said.

While attorneys may normally charge $150 to $300 an hour for their services, they receive only $60 an hour for criminal cases, and $75 an hour for felony or family court cases in which they are called upon to step in for the county public defender’s office.

“We’re working to increase that rate … which would give local attorneys more incentive to get on the panel,” she said.

DeFreze said that referrals are up in family court from 117 in 2020 to 151 so far this year, and down in criminal court from 120 in 2020 to 110 this year. She pointed out that the time frame for the 2020 referrals was from Jan. 1 through June 15.

She reported that the assignment backlog due to COVID shutdowns has mostly caught up in family court because the court has been accepting filings and scheduling appearances for the second half of 2020 through the present. On the criminal side, she said there is a backlog because justice courts have just starting scheduling sessions on appearance tickets in the last month.

Going forward, DeFreze, who contracts with the county as the Assigned Counsel administrator, said she is looking into establishing an electronic voucher system for attorneys’ clock hours/reimbursement along with a resource office outside of the courthouse for lawyers to meet with clients and potential witnesses and have access to equipment such as a printer and scanner.

She said that additional expenses incurred would be paid out of a state grant specifically to enhance delivery of public defense services in four key areas: counsel at arraignment; caseload relief; initiatives to improve the quality of indigent defense; and eligibility standards for representation.

“I will work with the county attorney on the appropriate process for review and comment on these updates,” she reported. “This will allow us to ensure quality representation for our indigent defendants and family court parties, and more efficiently track the statistics required for annual reporting.”

Any and all options, including a way to compensate members of municipal volunteer fire departments, are on the table as Genesee County leaders tackle the ongoing problem of staffing during emergency situations.

On Monday, the county legislature’s Public Service Committee voted in favor of funding a contract with Municipal Resources Inc., of Plymouth, N.H., to provide consultant services toward developing a comprehensive fire service implementation plan.

The cost, not to exceed $101,675, will be paid by using available funds from the county’s 1 percent sales tax allocation. The full legislature is expected to ratify the proposal.

“Whether it’s a fire, EMS (emergency medical services) issue. motor-vehicle accident or a carbon monoxide alarm, it doesn’t matter what the incident is, we have to have the right number of people available that are able bodied and trained to get to the scene …,” County Emergency Services Coordinator Tim Yaeger said this morning. “They need to respond in the required amount of time, based on national standards, based on what the fire service believes they need to be – and holding their company to that standard and what the public expects. It’s not an easy answer; it’s not an easy fix.”

That’s why county officials are opting to call upon MRI, a company with a track record of helping municipalities in other counties and states find solutions to similar dilemmas.

Yaeger: It's a Nationwide Problem

“This issue is not just Genesee County. This issue is New York State, across the nation,” said Yaeger, who has been working with a task force set up by the Public Service Committee to study the problem. It’s more severe in some spots and less severe in others."

Yaeger said he has been talking to his colleagues across the state in an effort to solve this “crisis without evidence.”

“Unfortunately, we haven’t made much headway to it, and that’s why – maybe it’s too big of a nut to crack statewide. So, let’s look at it in a small segment and just look at Genesee County for now and see where we go,” he said.

While it’s way too early to predict the outcome of the consultant’s work, Yaeger said he supports some type of payment for the “volunteers who spend hundreds and thousands of hours at their fire departments.”

“In New York State, it’s either career or volunteer or a combination department, which really are more career than they are volunteer,” he said. “So, what we’re trying to do is look at ways to compensate volunteers. And that’s what many states and counties have done, even in the Northeast itself, is to compensate the volunteers for their time.”

Thousands of Hours with No Pay

He said volunteers’ tasks are numerous, including preparing for the emergency, administrative work, human relations work, fundraising, training, equipment maintenance and preparedness training.

“That’s thousands of hours that they’re committing to before the alarm even goes off,” he said. “And then when there is an alarm, taking training courses. So, those two things in combination with their administrative duties required to run a fire department. It would nice to see those men and women be compensated at some level. It is something that we’re looking at right now.

“It’s hard to find people and get paid, and now we’re expecting these folks to be available 24/7, 365 and do the job for free. It’s almost impossible.”

Yaeger said the task force was unsuccessful in its search for grant funding and turned to the legislature to address a situation that was first studied at the county level 20 years ago.

“This has been a problem for decades and I think they’ve finally realized now that it has gotten so severe that we have to take some more aggressive action to look for a solution,” he said.

Stein: We Need to be Prepared

County Legislature Chair Rochelle Stein said she is looking forward to finding out “exactly what we have in capacity in Genesee County and then, perhaps, find a path toward being able to fulfill the mission and responsibility of first responders in our county.”

“This takes in every town fire department, fire districts and we also are having the entire conversation shared with those departments and our emergency management staff, which will include the City of Batavia,” she said. “This is important to us because we are one tragedy away from something that is really horrific. We want to be able to stop that from happening.”

Yaeger agreed that the City of Batavia FD, which features a full-time paid staff, must be involved in the discussion.

“Anybody that provides fire and EMS services, they have to be involved in this,” he said. “The city is a key component to this conversation.”

He said the county and task force will begin “data mining” – providing pertinent information for MRI, such as the current number of firefighters, their qualifications, their age and their availability.

“Staffing is the number one issue that is causing our problem. We have to look at where we are today with staffing and then, how do we fix that,” he said, noting that some areas of the county are well protected while others “are really struggling.”

Have to Consider the Costs

Yaeger said that all are aware that potential costs to the taxpayers have to be considered.

“We have to as a group and as a community step in and find some solutions that are going to work and meet everybody’s need while maintaining that caution of expense,” he offered. “That’s what everybody wants to know. What’s it going to cost? We realize that, the committee realizes that and the consulting firm does as well.”

In a related matter, the PSC voted to accept a hazardous materials emergency preparedness grant for $5,172 from the United States Department of Transportation through the New York Division of Homeland Security and Emergency Services.

The grant program focuses on efforts that result in the prevention of serious hazmat transportation related incidents, principally those of high consequences to residents and the environment.

Previously: Task force seeks outside help to solve emergency services 'crisis without evidence'

Tim Yaeger calls it a “crisis without evidence.”

Eric Wies says it’s time for “drastic change.”

Yaeger, coordinator of Genesee County Emergency Services, and Wies, president of the Bergen Volunteer Fire Department, reported today to the Genesee County Legislature’s Public Service Committee on the findings of a task force set up to take an in-depth look at the state of emergency response in the county.

In short, what they have found is a critical shortage of volunteer firefighters. The situation has become so dire that some fire companies don’t have enough personnel to respond to an emergency and are having to call neighboring departments to assist.

“People in the system know it, but outside (in the general public) they don’t see the severe staffing issues,” he said. “We need a sustained response – 24/7 and 365. We need sustainability.”

He said studies of the problem – the lack of young men and women to replace those who have served their communities as volunteer firefighters for many years – have been conducted at different times, but nothing has been done about it.

“It’s been a matter of pointing a finger to blame somebody,” he said. “Nobody is to blame. There is no time (to waste). It’s more demanding every day.”

Wies, the task force chair (in photo at right), said that the Bergen Volunteer FD has two members over the age of 65 and they're still active.

“We don’t have an influx of young individuals,” he said, supporting Yaeger’s statement that “it’s a young person’s game.”

Wies said discussions within the task force and with county fire officials brought out a sobering reality: “We need change, and not just change, but we need drastic change. And not just immediately but going forward for our residents.”

He said the current structure of emergency services in Genesee County doesn't measure up to what is required to ensure complete coverage.

“If we were to take a map of Genesee County and imagine what emergency services would look like in this county – from scratch – it wouldn’t look anything like it is today … There has to be some drastic change in the framework.”

Wies said the committee concluded -- due to the fact that all have full-time jobs along with their part-time and volunteer roles in emergency and governmental services -- that it wouldn’t be able to develop an implementation plan.

“We’re not looking for a planning document that would sit on a shelf. We want a planning document that will evolve with the county for years to come but also to implement change because we feel we’re on the verge of meeting that change,” he said.

He said the committee reached out to firms that with expertise in evaluating municipal emergency response, and heard back from three of them – Center for Public Safety Management LLC, VFIS and Municipal Resources Inc. The task force then reviewed the proposals from each company, conducted interviews and listened to presentations prior to choosing MRI, which is based in Plymouth, N.H.

“From a pricing standpoint, the lowest price was $27,400 and, the highest price, with some annual options, was from MRI at $94,625,” he said. “Ultimately, the company that we felt was the best fit for us is MRI and, unfortunately, that’s most expensive option.”

Wies said reasons in that decision included the fact that MRI’s team leader represents a municipal fire department that is similar in size to what the county offers and that MRI is willing to come to this area with a five-person team to hold meetings with county officials, all emergency services departments, law enforcement and business people.

“… and we definitely agree that they could provide the most insight as to what situation we have, what the issues are and hopefully coming out with a solution that will fit us for years to come,” he said, adding that the next step is figuring a way to fund a potential agreement with MRI.

Both men said they need “stakeholder buy-in” with a goal of maintaining the identities and utilizing the current town and village fire companies.

Yaeger said it’s all about “what the citizens deserve and what do they expect (when an emergency occurs)? And we need to get there.”

When asked if there was a statewide push to address this issue, Yaeger said “nobody has had the audacity to stand up” to effect change. “New York has to wake up and realize there’s a severe problem in our state."

Prompting Wies to say, “That’s why we think it’s best for Genesee County to go it alone.”

Others on the task force are County legislators Gordon Dibble and Gregg Torrey, Elba FD Chief Mike Heale, Elba Town Supervisor Donna Hynes, Pavilion Town Supervisor Robert LaPoint, Byron FD Chief Bob Mruczek and County Emergency Services Deputy Coordinator Bill Schutt.

The Genesee County Legislature’s Public Service Committee on Tuesday voted in favor of appropriating more than $11,000 in citizen donations to the ongoing renovation project at the Genesee County Animal Shelter at 3841 W. Main Street Road.

The approved resolution calls for using $11,437 in donations in order for contractors to epoxy coat additional flooring and provide fenced-in tops to the moveable kennels that are proposed for the “stray side” of the shelter.

Highway Superintendent Tim Hens, in reporting to the committee, said these items were not included in the original plan.

Afterward, he went into more detail about the project, which has a price tag of more than $220,000.

“The floors are being resealed and re-epoxied, primarily for bacteria control and cleaning,” he said. “The what we call ‘stray side’ of the kennel – the naughty side of the kennel, per se – is basically being redone. We’re putting automatic flush drains in the floor drain so that cleaning and sanitation can happen easier and quicker.”

Other improvements, mostly to facilitate the housing of dogs, include weatherization, regrouting and the introduction of mobile kennels, he said.

“There’s the weatherization of the enclosure around the kennels so that the external portions of the kennels are heated and conditioned as well as the inside. We are doing substantial regrouting and repointing of all the block and tile work in between the actual kennels themselves,” he said.

Hens said the pole barn-type building “looks nice on the outside” but is 20 years old, resulting in the rotting out of materials and ground that are constantly exposed to urine, feces and water.

“That is being replaced, and we’re swapping out for mobile kennels, primarily so the volunteers and the staff can move kennels around,” he added. “We’re trying to create a quarantine space for contaminated animals and things like that.”

The number of animals at the shelter, which is under the supervision of the Sheriff’s Office, varies from week to week, he said, noting that recently there were 57 dogs and cats at the facility.

Construction is underway, he said, but has been delayed a bit due to COVID-19-related supply-chain issues. He said he hopes to have the work finished by April.

In other action, the committee approved the following resolutions, which will be forwarded to the Ways & Means Committee and/or the entire legislature for final voting:

• Extension of a contract with GLOW Counties and Environmental Enterprises Inc. for the GLOW Household Hazardous Waste Collection Program at a cost not to exceed $33,000 for 2021.

GLOW Solid Waste Coordinator Peggy Grayson said the county has contracted with GLOW Counties and Environmental Enterprises for 17 years and has received exceptional service. She said collection of household goods is scheduled for Sept. 18 at the Wyoming County Highway Department in Rock Glen and collection of electronics will take place on Sept. 25.

• Amending the Sheriff’s Office budget to use $79,921 this year in available grant funding from the Division of Homeland Security & Emergency Services, New York State Governor’s Traffic Safety Committee and an agreement with the Village of Bergen to provide additional services.

The grants include two DHSES grants ($47,661), a NYS GTSC Police Traffic Services Grant ($27,000) and the Village of Bergen agreement ($5,260).

Sheriff William Sheron said the DHSES money will be used to place laptop computers, radios and other communications equipment in patrol cars, while the Police Traffic Services Grant funds will be used to pay overtime necessary to support the program’s requirements.

Available funds from the Village of Bergen contract will be used as warranted to provide additional patrols in the village during the spring and summer months, he said.

The committee also accepted a $2,000 grant for the Sheriff’s Office to participate in the statewide Child Passenger Safety Program between Oct. 1, 2020 and Sept. 30, 2021.

Sheron said deputies would be available to show people how to properly install child safety car seats and to provide seats, if necessary.

• Approval of special events applications at the Genesee County Park and Forest, a memorandum of understanding and a donation to support a Student Conservation Association internship as the county continues its relationship with the Association for Conservation of Recreational and Natural Spaces.

The ACORNS group will be using the park for a music event on Aug. 7 and a 5K/10K trail run and walk fundraiser on Oct. 3. Proceeds are used to assist the county with future programming, donations and other support.

The memorandum of understanding solidifies ACORNS’ standing with the county, according to Highway Superintendent Hens, who reported the organization has grown from 16 to 50 members who help the county promote the park.

ACORNS has donated $5,700 to the county to fund a 16-week, full-time SCA intern, whose responsibilities will include overseeing volunteers and assisting with environmental education.

Legislator Christian Yunker praised ACORNS, stating that the group “does tremendous things to support the county park.”

In a move designed as a safeguard against unforeseen economic calamity, Genesee County is modifying its 2021 funding contracts with outside agencies.

The Genesee County Legislature’s Human Services and Public Service committees today recommended approval of contracts with the Holland Land Office Museum, PathStone Inc., Nioga Library System and Genesee County Soil and Water Conservation District – all with new wording that gives the county an out clause.

A similar pact with Cornell Cooperative Extension Association of Genesee County was withdrawn, however, to give the agency’s board of directors more time to review the changes.

“The language change is simply putting in a clause that allows for the county to withhold funding in the event of an emergency,” County Manager Matt Landers said. “It is standard language we are putting in all of our contracts.”

Landers said that since the contract for CCE is forwarded “outside of our area to Cornell University, we haven’t allowed for enough time for proper review by CCE’s board.”

“We are just giving them some additional time to review,” he said, adding that the county attorney is working with CCE to make sure the latter has plenty of time to look at the recommended changes. He said he plans to reintroduce a modified resolution in January.

Additionally, the county will be making monthly or quarterly payments instead of one annual payment, Landers said.

“With some of the prior agreements, even (with) a clause to withhold funding, if we gave them all the money up front, it really wouldn’t do any good,” he explained. “So, we’re going through and streamlining so that payments are either going to be monthly or quarterly, and then also having a clause with the standard language that we’re putting in -- a 21-day notification.”

In response to a question from Legislator Marianne Clattenburg about the specifics of a 21-day clause, Landers and County Attorney Kevin Earl said it was inserted into the contracts to give the county flexibility.

“We’re trying to reassure partners that we’re not looking to pull the rug out from under them, but we’re just looking to not be in a position where we are required to continue funding when our funding technically dries up,” Landers said.

Earl added that it gives the outside agencies “time to react” to the withholding of funding.

“We can completely stop all the payments or any part of the payments,” he said, acknowledging that any action would have to be approved by the legislature per a resolution.

Details of the various contracts are as follows:

-- Holland Land Office Museum

The county will enter into agreement with the Holland Purchase Historical Society Inc. for the operation of the museum and programming for 2021 at an annual cost of $33,554 – the same level of funding as the past four years. Payments will be made on a monthly basis.

When asked if the amount of funding was adequate, Landers said the museum, as is the case with the other outside agencies, is “getting by.”

“I’m sure they could do more with more, but they’re making it stretch, and providing an excellent service in the community for the money that we give them,” he said.

-- PathStone Inc.

The 2021 contract with PathStone Corporation of Rochester for housing support and consulting service calls for the county to provide up to $12,150 in funding – an annual amount equal to what was authorized over the past four years.

-- Nioga Library System.

This agreement supports the Nioga Library System with $41,680 for 2021 in quarterly payments. This, too, is the same amount provided by the county in 2020.

The Nioga Library System is comprised of 21 libraries in Niagara, Orleans and Genesee counties, including Richmond Memorial Library in Batavia, Haxton Memorial Library in Oakfield, Corfu Public Library, Hollwedel Memorial Library in Pavilion, Byron-Bergen Public Library, and Woodward Memorial Library in Le Roy.

In September, The Batavian reported that Nioga officials anticipated a 25 percent or more cut in funding from New York State in 2021.

-- Soil and Water Conservation District

The county has agreed to support the agency to the tune of $151,891 for 2021, with payments made in regular installments.

One of 58 such districts in the state, the Genesee County Soil and Water Conservation District provides services and funds projects related to the conservation of soil and water resources, improvement of water quality, preservation of wildlife habitat and management of soil erosion.

-- Cornell Cooperative Extension

For the fifth straight year, the county is offering sponsorship in the amount of $338,548 per a memorandum of agreement with CCE.

The agency, with its office in Batavia, is in the process of hiring a new executive director. Interviews of finalists Jocelyn Sikorski of Batavia and Julianna Frisch of Brockport were scheduled to be conducted earlier today via Zoom videoconferencing.

The Genesee County Legislature’s Public Service Committee this afternoon approved the acceptance of a $758,980.80 bid by Concrete Applied Technologies Corp. of Alden – one of 12 bids submitted to Highway Superintendent Tim Hens – to replace the Upton Road over Bowen Creek bridge in the Town of Batavia.

Due to COVID-19 precautions, the meeting was held remotely via Zoom videoconferencing.

In a highly-competitive bidding process, CATCO’s bid was just $650 less than the next lowest bid, Hens said, adding that he is aware of the company’s solid reputation.

“We have never worked directly with them but they have been involved with the City (of Batavia) on a few projects,” he said. “They did the Main Street project about 20 years ago and they have a very good reputation. They’re a well run company and they do a lot of work in Buffalo and Rochester.”

According to the resolution that was voted upon, 95 percent of the cost will be covered by federal aid with the remaining 5 percent to come from the county’s Reserve Fund.

Hens said CATCO’s bid is $68,000 less than the engineers’ estimate of probable construction costs.

Work is expected to begin next spring or summer.

In other action, the committee:

• Voted in favor of a one-year contract with Safe Driver Solutions of Dansville, effective Jan. 1, for federally required drug and alcohol testing, terminating a previous pact with Partners in Safety of Middletown.

Hens said a couple issues factored into the decision, including having a company closer to Genesee County and Safe Driver Solutions’ pricing procedures.

Partners in Safety charges the county for all of its drivers, even if they aren't selected for random drug and alcohol testing, he said.

“It just happens to be the timing of our renewal of our annual contract, and their (Safe Driver Solutions) pricing structure is different because they only charge you for the actual people who get selected randomly,” Hens said.

He explained that "the pool is actually much (larger) because the way they operate under federal rules, they basically create a driver pool with all of their clients – so we get lumped in with the towns in Livingston County and Livingston County highway.”

“It’s a bigger group of people so we’re not hitting as many employees on an annual basis, and essentially not getting charged for that.”

Hens said he anticipates saving around $1,000 annual with Safe Driver Solutions and likes the fact that the county will be working with a local company to address issues concerning screening, post-accident responses and reasonable suspicious responses. Per the contract, Safe Driver Solutions staff members travel to the highway department to do the testing.

• Voted to add a second citizen representative to the Criminal Justice Advisory Council, following up on CJAC’s decision at a meeting in September to make the committee as diverse as possible.

To make room for the citizen rep, the Genesee County Bar Association delegate has been removed in light of the appointee’s recent retirement and a sufficient number of attorneys and law enforcement members on the committee.

The CJAC, created in 1981, services to promote public good and safety through improved coordination and cooperation among criminal justice agencies and other organizations in the community. More than 30 people from law enforcement, human services and social services agencies are on the committee.