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Peace Garden unveils five new interpretive panels about project's history and intent

By Howard B. Owens
peace-garden-interpretive-signs-dedication
International Peace Garden committee members.
Photo by Howard Owens.

The International Peace Garden Committee unveiled five new interpretive panels along the Peace Garden trail on Thursday.

The panels help explain the history and significance of the Peace Garden.

"Fourteen years ago, we had no idea what an impact this garden would have on its citizens," said Barb Toal. "This beautiful spot in Downtown Batavia brings visitors from all over the world to celebrate peace among other countries."

The intent of the garden, Toal said, is to foster peace throughout the world.

"We get visitors from all over the world," said founder Paula Savage. "Someone will be here from Germany, someone from the Netherlands, and they bring their families with them because the garden is connected to the world. That's the reason for the flags (in the garden). Every flag represents a country that has received a Peace Garden."

The panels were funded by a NYS Re-Grant program administered by GO ART!

peace-garden-interpretive-signs-dedication
Barb Toal shares a commendation from Assemblyman Steve Hawley. Paula Savage is on her left.
Photo by Howard Owens.
peace-garden-interpretive-signs-dedication
Frank Panepento plays the National Anthem.
Photo by Howard Owens
peace-garden-interpretive-signs-dedication
Photo by Howard Owens
peace-garden-interpretive-signs-dedication
Photo by Howard Owens

Annual Father's Day Retro Jam scheduled again for Oakfield Rod and Gun Club

By Howard B. Owens
Father's Day Jamboree
FIle photo by Howard Owens

The annual Father's Day Retro Jam & Musicians Reunion returns to the Oakfield Rod and Gun Club on Sunday, June 16.

There will be live music from 1 to 7 p.m. featuring The Double Image Band, Tim's Healing Committee, Prospect, Front Porch Pickers, Rock-A-Bully's, Bad Sign, Patrice & Friends, and "K" Rick "Howe."

Good fans, families, food, music, friends, and times are promised.

Bring your own lawn chair, cooler, and pop up.

Admission is free with donations accepted for WNY Heroes Inc, supporting veterans.

The club is located at 3199 Maltby Road, Oakfield.

Early voting schedule announced for GOP primary

By Press Release

Press Release:

The Genesee County Board of Elections announces essential information regarding the upcoming Republican Primary Election on June 25. 

As New York State operates a closed primary system, only registered Republicans are eligible to vote in this primary election. The ballot includes a countywide Primary for US Congress and a local Town Council Republican unexpired term Primary for voters in Byron.

Early Voting Details
There will be nine days of early voting beginning June 15 - June 23 at the ARC Community Center, 38 Woodrow Rd., Batavia. The schedule is as follows:

  • Saturday, June 15: 9 a.m. - 5 p.m.
  • Sunday, June 16: 9 a.m. - 5 p.m.
  • Monday, June 17: 9 a.m. - 5 p.m.
  • Tuesday, June 18: 12 - 8 p.m.
  • Wednesday, June 19: 12 - 8 p.m.
  • Thursday, June 20: 9 a.m. - 5 p.m.
  • Friday, June 21: 9 a.m. - 5 p.m.
  • Saturday, June 22: 9 a.m. - 5 p.m.
  • Sunday, June 23: 9 a.m. - 5 p.m.

Primary Election Day
On June 25, all polling sites will be open from 6 a.m. to 9 p.m. and are accessible to all voters. To find your designated poll site, visit Voter Lookup or contact the Genesee County Board of Elections at (585) 815-7804.

Poll Site Change
Please note that the Bergen poll site has been relocated from the Bergen Town Courtroom to the Gillam Grant Community Center, 6966 W. Bergen Rd., Bergen.

Absentee Ballot Information
Voters can request an absentee ballot by contacting the Board of Elections or using the NY State Portal: Absentee Ballot Application.

Key deadlines include

  • June 15: Last day for the Board of Elections to receive absentee ballot applications.
  • June 24: Last day to apply in person for an absentee ballot.
  • June 25: Absentee ballots must be received by the poll site or Board of Elections by 9 p.m.
  • June 25: Last day to postmark a ballot, which must be received by July 2.
  • July 2: Deadline for military/special federal absentee ballots to be received.

Voter Registration Deadlines
Applications must be received by the Board of Elections by June 15, to be eligible to vote in the Primary. The office will be open for registration from 9 a.m. - 5 p.m. at County Building 1, 15 Main St., Batavia. Please use the elevator door entrance.

In-Person Registration
You can register at the Genesee County Board of Elections or any state agency participating in the National Voter Registration Act on any business day throughout the year. To be eligible to vote in the Primary, your application must be received by June 15.

Address Changes

All changes of address must be received by June 10.

If you have any questions or need registration forms or absentee applications, please contact the Genesee County Board of Elections at (585) 815-7804 or visit our website at Genesee County Board of Elections.

Hawley backs bill that requires criminals who kill cops to be locked up for life

By Press Release

Press Release:

File photo of
Steve Hawley.

Assemblyman Steve Hawley (R, C-Batavia) attended a joint press conference to call out the unacceptable and persistent release of cop-killers by the New York State Parole Board. Since 2017, 41 cop-killers have been released. Hawley was joined by his colleagues in the state Assembly and Senate and members of the law enforcement community to advocate for police officers and their families.

Hawley has sponsored a proposal (A.3481) that would require life without parole for the first-degree murder of a police officer. The Majority, however, has not allowed this initiative to move forward in the lawmaking process.

“New York State’s Parole Board has failed us,” said Hawley. “These are the people who are supposed to keep dangerous criminals locked up, but instead, they’re letting them move in next door. Our police officers are the fabric of our society. An attack on one of them is an attack on our way of life. These cop-killing cowards belong in jail, no ifs, ands or buts. I will continue to work with my colleagues in the state Assembly and Senate until we have a parole board that actually cares about protecting victims, not rewarding criminals.”

Apple Tree Acres in Bergen proposes over a $43 million project

By Press Release

Press Release:

The Genesee County Economic Development Center (GCEDC) board of directors will consider an initial resolution for GE Bergen Owner, LLC’s proposed 196,000-square-foot facility at Apple Tree Acres in the town of Bergen at its board meeting on Thursday, June 6.

The proposed facility would be leased to an end user and proposes to create 60 new full-time equivalent positions.

“This expansion continues the success of the development of the Apple Tree Acres business park similar to the growth we have experienced at the Genesee Valley Agri-Business Park which also is almost at full capacity,” said GCEDC Senior Vice President Mark Masse. “In just the last few months, we celebrated the expansions of Liberty Pumps and Craft Cannery and the continued success of businesses in the logistics and manufacturing sectors.” 

GE Bergen Owner LLC is requesting sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million a payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000. 

The proposed incentives for the project are estimated to generate $38 million in wages/benefits and revenues for local governments generated by the development over 10 years. The project generates a $13 fiscal impact for every $1 of proposed incentives. 

The project is pending, subject to receiving Empire State Development incentives. 

The June 6 GCEDC board meeting will be held at 4 p.m. at the MedTech Center’s Innovation Zone, 99 MedTech Drive, Batavia. Meeting materials and links to a live stream/on-demand recording of the meeting is available at www.gcedc.com.

Photos: Alexander Fire holds DWI drill for seniors at Alexander High

By Howard B. Owens
Alexander Fire DWI Drill

Alexander Fire hosted a DWI drill on Thursday at its Rec Hall for Alexander High School seniors.

The fatal accident simulation is designed to remind the students of the dangers of drinking and driving and the impact one poor decision can have on the lives of friends, family, and the community.

Area volunteer fire departments from throughout the county hold DWI drills at this time of year in advance of prom nights.

Photos by Philip Casper.

Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill
Alexander Fire DWI Drill

Kinderfarmin' celebrates 40 years in Genesee County at Hildene Farms

By Staff Writer
Over 600 students from across Genesee County attended the 40th annual Kinderfarm event.  Photo by Steve Ognibene
More than 600 students from across Genesee County attended the 40th annual Kinderfarm event.  
Photo by Steve Ognibene

Now in its 40th year in Genesee County, Kinderfarmin' may hold a unique spot in New York -- the last event of its kind in the state.

What started as a dairy farm day for first graders evolved into a more comprehensive introduction to farming for kindergartners, according to Natasha Sutherland of Stein Farms in Le Roy and one of a small group of local farmers who organize the annual event.

This year, it was held at Hildene Farms in Pavilion, the same location it has been held at for the past few years.

"We talk about ecosystems, habitat lifecycles, the kids meet farmers, and it takes up the entire day's curriculum so the teachers get a day off," Sutherland said.

The event is supported by donations at the Celebrate Ag Dinner and by support from Dairy Farmers of America, Upstate Niagara, Genesee County Soil and Water, and Farm Credit East.

More than 700 students from Genesee County visited the farm on Wednesday.

To view or purchase photos, click here.

Torrey Farms, Elba  Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene
Photo by Steve Ognibene

Sponsored Post: New Listing from Reliant Real Estate; 1 Carolwood Dr., Batavia

By Sponsored Post
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Decorative Painters group presents hand-painted boxes to patients at VA Hospital

By Howard B. Owens
painters club va center gift boxes

On Wednesday, the Genesee Country Decorative Painters presented more than two dozen hand-painted decorative boxes for staff at the VA Hospital in Batavia to hand out to patients.

Helen Ronin said that every year, the group selects one or two community projects. This year, they decided to give back to the VA for its ongoing support of the group. The VA allows the group to meet regularly in the hospital's auditorium.

"We did this to present to the veterans because e of their service and what they've done for us," Ronin said. "And they let us meet here every time we need it."

The boxes contain a couple of useful items. Veterans might receive them on their birthdays or other special occasions or just because they need a "pick-me-up."

"They just need to know sometimes, if somebody is having a really hard time, that people do care," Ronin said.

The Decorative Painters are hobbyists who paint on objects.

"We paint pictures, wood, furniture, whatever. Whatever is in our way we get rid of it by painting on it," Ronin said with a laugh.

Cindy Baker, volunteer services specialist for the Batavia VA, said the VA is grateful for the donations.

"These are beautiful," she said. "They are gorgeous. I'm happy to be able to hand these to veterans and they will be very, very happy to receive these."

Photos by Howard Owens.

painters club va center gift boxes
painters club va center gift boxes
painters club va center gift boxes
painters club va center gift boxes
painters club va center gift boxes
painters club va center gift boxes

Photos: DWI drill gives students idea what it’s like at a fatal accident scene

By Howard B. Owens
elba dwi drill 2024

Elba Fire, with assistance from Mercy Flight/EMS, the Sheriff's Office, Emergency Dispatch, Byron Fire, H.E. Turner Funeral Homes, and the Office of Emergency Services, staged the annual pre-prom DWI drill for seniors at Elba High School on Wednesday morning.

The drill stages the scene of a DWI-related fatal accident. The purpose is to give students a realistic view of what happens at a serious injury/fatal accident scene and how it impacts family, friends, and community members.

Photos by Howard Owens

elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024
elba dwi drill 2024

Photos: Paolo Busti cultural foundation annual scholarship night

By Steve Ognibene
Andrew David Strollo and Julia Clark were scholarship recipients for the annual award night.  Photo by Steve Ognibene
Andrew David Strollo and Julia Clark were scholarship recipients for the annual award night.  
Photo by Steve Ognibene 

The Paolo Busti Cultural Foundation honored area outstanding students on Tuesday at its 40th Scholarship Awards Dinner.

Honored were:

Andrew David Strollo. Andrew Strollo is a student at Le Roy High School and is the son of Jeff and Jessica Strollo. He will graduate this spring, Summa Cum Laude. He is a member of the National Honor Society, Deca, Knight Media, and the Scholastic Bowl. 

Julia Clark. Julia Clark is a graduating Senior at Batavia Senior High School and the daughter of Paul and Patricia Clark. She plans to attend Mercyhurst University and double major in Business and Intelligence studies. Julia will also play softball for Mercyhurst.

Previously: 

To view or purchase photos, click here.

Julia Clark received the Vincent Gautieri Memorial Scholarship from members of his family.  Photo by Steve Ognibene
Julia Clark received the Vincent Gautieri Memorial Scholarship from members of his family.  
Photo by Steve Ognibene
Andrew David Strollo recieved the Paolo Busti scholarship.  Photo by Steve Ognibene
Andrew David Strollo received the Paolo Busti scholarship.  
Photo by Steve Ognibene
Annette La Barbera co-chair of scholarship awards presented them to the award recipients Julia Clark and Andrew David Strollo  Photo by Steve Ognibene
Annette La Barbera, co-chair of scholarship awards, presented them to the award recipients Julia Clark and Andrew David Strollo  
Photo by Steve Ognibene
Victor Gautieri spoke about his father Vito in recognition of founder of the foundation celebration of 40 years.  Photo by Steve Ognibene
Victor Gautieri spoke about his father, Vito, in recognition of the founder of the foundation in celebration of 40 years.  
Photo by Steve Ognibene
Frank Penepento played the national anthem.  Photo by Steve Ognibene
Frank Panepento played the national anthem.  
Photo by Steve Ognibene

Sponsored Post: Join the Early Access Pass today and receive a $50 T.F. Brown's gift card

By Sponsored Post
Early Access Pass, T. F. Brown's

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Members of Early Access Pass help support local journalism and get early access (currently, four hours) to select stories published by The Batavian.

Discussion of proposed Verizon cell tower in Batavia covers color of paint and intensity of radio waves

By Howard B. Owens
robert w. burgdorf attorney verizon
Robert W. Burgdorf, an attorney based in Rochester, representing Verizon at Tuesday's Town of Batavia Planning Board meeting.
Photo by Howard Owens.

A major telecommunications company's application to erect a new mobile device cell tower is a fairly straightforward approval process for local planners, and on Tuesday evening, Robert W. Burgdorf of Rochester, an attorney representing Verizon, provided several useful nuggets of information.

It was an initial meeting in the regulatory process with the Town of Batavia Planning Board. The application must still undergo an environmental review and a public hearing, but Burgdorf was happy to discuss the process and some of the technical issues involved in installing a cell tower.

Cell towers are extremely location-sensitive because they have to be high enough to reach the neighboring towers but not so high that there is a spillover of signals into the neighboring cells.

"They've got to be placed so that they can hand off to the neighboring cells, again without interfering," Burgdorf said.

They wind up in a honeycomb-like grid, not too close but not too far apart.

Cell towers generally serve a one or two-mile area and can't be too close together or too far apart.

If the tower is under 200 feet tall—this one will be 154 feet tall—the Federal Aviation Administration does not require lighting or striping.

This down will be a matted steel gray.

"We've learned, and we've actually done studies, that this blends in with our skies in Western New York," he said.

An observation a couple of board members quipped was a depressing thought.

Oh, and 5G doesn't cause COVID.

A board member's question prompted the discussion of health concerns about cell towers. Burgdorf said federal law preempts that as a concern for local planners, which he regrets because it also preempts an opportunity to educate the public.

"This is a radio signal, that's all this is," he said. "It is an incredibly weak radio signal. We've had radio signals around since the 20s, the 30s. The only difference between this and a television or radio station is that those operated tens of thousands of watts, sometimes megawatts. So the power levels, from radio and television, just radio signal is much, much stronger than these. These are incredibly weak. They have to be incredibly weak for two reasons. One is they can't interfere with neighboring cells, which are often a mile, two miles away, and we have to be able to get a return path from the user"

He said that if anybody is concerned about cell phone signals, the first thing they should do is seek to do is shut down radio and television signals.

"The issue does come up, but anybody who looks into it, who's being rational, will see that that's not really an issue," Burgdorf said.

The tower will be located at 9300 Wilkinson Road on a 100x100-foot leased parcel. It will be fenced, and a small gravel road will connect it to Wilkinson. There will be minimal traffic to the location—maybe one maintenance worker a month will visit the site.

The board voted to seek lead agency for coordination purposes under the state's SEQR regulations (pronounced seek-ur, it stands for State Environmental Quality Review Act) even though Burgdorf informed lead agency designation for this project is not strictly required.

The board did it as a matter of course, because that is its standard practice, but board members said they will seek their attorney's opinion.

"It's not a fatal error to declare yourself lead agency," Burgdorf said, so he didn't object.

He said a lead agency is only required when there are other "involved" agencies. In this case, other agencies, such as the Genesee County Planning Board, are only "interested" agencies, so there is nothing in the SEQR process to coordinate with other involved agencies.

"Look, the SEQR regs are a pain. They really are," he said. "They're pretty convoluted and they force a lot of municipalities to really become an expert. It is a pretty intense set of regulations, so for what it's worth, if you declare yourself lead agency, that's not the process, but it doesn't make it defective, so whatever you want to do."

Sales from ‘Genny Sees the Eclipse’ raises more than $28K for area animal rescues

By Howard B. Owens
genny book donation
Chamber President Brian Cousins presents a display check to Jonell Chudyk, Mockingbird Farm Sanctuary; Marcy Colantonio, Volunteers for Animals; Maryanne Arena, Mary Land Haven for Horses; Pamela Harmon, Cherry Hill Sanctuary.
Photo by Howard Owens.

Proceeds from the sale of a children's book developed by the Chamber of Commerce --  “Genny Sees the Eclipse” -- will help feed rescue animals and even enable a couple of sanctuaries to give a couple of horses a safe place to retire.

On Tuesday, Brian Cousins, president of the Chamber, presented $28,653.56 to Jonell Chudyk, Mockingbird Farm Sanctuary; Marcy Colantonio, Volunteers for Animals; Maryanne Arena, Mary Land Haven for Horses; Pamela Harmon, Cherry Hill Sanctuary.

Each organization is receiving  $7,163.39.

"This is truly life-changing," said Chudyk. "I know for us from Mockingbird Farm Sanctuary, that amount, that total amount, will pay for the amount of hay that we need through winter. So thank you so much."

Harmon said the $7,000 would help Cherry Hill rescue more horses, and Arena, at Mary Land, said her rescue for retired racehorses would be able to add two horses to its stable.

"It may sound like, 'Oh, two horses,' but that means two lives saved," Arena said.

The book was produced to educate children about the April 8 total eclipse of the sun in Genesee County.  The chamber received orders from 28 states -- including Hawaii -- and 165 cities.  Forbes named it one of the best five books for people to buy to learn more about the eclipse.

It was written by Colleen Onuffer and illustrated by Andy Reddout.

"We talked to the agriculture community, and we talked with the scientific community to make sure the book was true to life," Cousins said. "Then we thought about how we could commemorate this book to our community, and we thought of you and your selfless devotion to these animals. If you take a look at the book, you will see each one of the animals that you take care of day in and day out are represented in that book." 

genny book donation
Jonell Chudyk, Mockingbird Farm Sanctuary, expressing her gratitude for the donation to her organization.
Photo by Howard Owens.
genny book donation
Cover of Genny Sees the Eclipse
Photo by Howard Owens.
genny book donation
Illustrator Andy Reddout also designed a barn quilt, shown on this model barn, and also on a barn on Route 19 in Le Roy.
Photo by Howard Owens.

Annual Pride events set for Friday and Saturday

By Press Release

Press Release:

GLOW OUT! is excited and proud to announce multiple events, with the potential for many more throughout Pride Month across the GLOW region. We welcome the LGBTQ+ community, allies, friends, and loved ones to the 2024 festivities. 

This year's theme is "Be Your Passion. Be Your Pride."

On Friday, June 7 all are welcome at Eden Cafe’s First Friday Art Opening featuring Buffalo artist Janna Willoughby-Lohr and an exhibit from LGBTQ+ youth superstars from 5:30 - 7 p.m. Eden Cafe is located at 242 Ellicott St in Batavia.

Also on Friday, June 7 those 21 and over are invited for a Professional Happy Hour at GO ART! from 4 - 6 p.m. Meet your peers, make some friends, and get ready for Pride! GO Art! is located at 201 Main Street, Batavia.

Finally on Saturday June 8, join us for our Pride Parade, Festival, Vendor Fair & Story Hour. The afternoon begins with the Drag Queen Story Hour event for families in Jackson Square at 3 p.m. 

Then the Pride Parade will line up at Batavia First Presbyterian Church, with marchers assembling at 4 p.m. and stepping off at 5 p.m. 

The route will cross Main Street, turn left onto Washington Avenue, and again onto Bank Street, finishing at Jackson Square for the Pride Festival, featuring family-friendly drag performances from 6 - 10 p.m. While waiting for the parade, enjoy the vendor fair on Jackson Street from 4 to 8 p.m. featuring eclectic artisans, local non-profits, and a variety of food trucks!

GCC names Lamb successor to outgoing college president

By Press Release

Press Release:

The State University of New York Board of Trustees today appointed Dr. Craig Lamb as president of Genesee Community College. Lamb’s appointment is effective August 1, 2024.

The SUNY Board of Trustees said, “After an extensive and thorough search for the president of Genesee Community College, we would like to congratulate Dr. Craig Lamb. He is no stranger to SUNY, serving at GCC since 2013. His incredible career championing higher education will serve him well as he leads the institution into a bright future.”

“Community colleges offer so much for the areas they serve, from workforce development and microcredentials for individuals seeking to upskill, to providing students with springboards from associate degrees to our bachelor’s degree programs,” said SUNY Chancellor John B. King Jr. “Having presidents who understand each campus and know what the communities need is crucial in fostering student success and upward mobility. I congratulate Dr. Lamb on his appointment and look forward to collaborating for the benefit of our students, faculty, and staff.”

About Dr. Craig Lamb

Dr. Craig Lamb joined Genesee Community College in 2013 and currently serves as the Provost and Vice President for Academic Affairs. Having held various leadership and administrative roles, Dr. Lamb is a believer in the transformative power of a high-quality, affordable, and accessible college education, especially for individuals who have been historically underrepresented and underserved. Dr. Lamb’s efforts are driven by his commitment to inclusivity, intellectual and social growth, shared governance, fiscal responsibility, and the development of life-long learners.

Dr. Lamb’s career has been dedicated to the public postsecondary educational sector, including previous positions at SUNY Empire State University, the University of Connecticut, and SUNY Plattsburgh. He has completed several professional development programs specifically focused on executive leadership within an ever-changing educational environment. Along with his professional and administrative roles, Dr. Lamb has taught a variety of college courses in face-to-face, hybrid, and online modalities for more than two decades.

Dr. Lamb earned his Ph.D. in Educational Administration and Policy Studies from the University at Albany, and his Master of Science in College and Agency Counseling from SUNY Plattsburgh.

Chair of the Genesee Community College Board of Trustees Jacalyn Whiting said, “The Genesee Community College trustees are pleased to welcome Dr. Craig Lamb as our next president. Dr. Lamb brings extensive experience and leadership to this role, and we look forward to working closely with him in continuing our commitment to student success above all else.

Dr. Lamb said, “It is a profound privilege to be selected as the next President of Genesee Community College. I am deeply thankful to those who have entrusted me with this role. For the past ten years, I have been honored to be part of the GCC community, and I am excited to lead our campus in our steadfast commitment to student success.”



 

County calling reform to law driving up costs of ensuring defendants are mentally competent to stand trial

By Howard B. Owens
Lynda Battaglia, director of Mental Health & Community Services
Lynda Battaglia, director of Mental Health & Community Services.
Photo by Howard Owens

When a criminal suspect with mental health issues enters the justice system following an arrest, that defendant has a constitutional right to understand the proceedings, whether the defendant eventually ends up accepting a plea offer or facing trial.

In New York, that right is protected by statute as well in Article 730 of the Criminal Procedure Law.

Officials in Genesee County want to see the law changed because it is antiqued, and complying with it is expensive and less effective than more contemporary options for dealing with a defendant's mental health capacity.

To that end, the Genesee County Legislature is preparing to pass a resolution asking the State Legislature to amend Article 730.  The Human Services Committee on Monday recommended the resolution be presented to the full Legislature.

"We're in a new era, and things need to change," Lynda Battaglia, director of Mental Health & Community Services, told the committee. "We have more innovative services; we have diversion; we have mental health treatment courts. All of that can be utilized before a person even gets to court. We have mental health treatment courts and drug treatment courts. All of those (options) will assist with lowering the cost of restoration."

With four defendants currently in state mental health hospitals undergoing restoration services, the county is facing a potential expense for 2024 of $1.2 million after budgeting only $300,000 for such services.

County Manager Matt Landers explained that he knew the expense could be higher when he was preparing the budget. The annual expense is impossible to predict because there is no way to guess at how many people arrested will have potential competency issues. If he had included even just another $300,000 in the budget, the property tax rate for the county would have gone up.  With the conservative approach, he could avoid raising taxes, he said, and if the unanticipated expense hit, find the money elsewhere in county coffers -- for example, higher than anticipated sales tax revenue or fund reserves.

On Monday, the Human Services Committee also approved a resolution transferring $300,000 from personal services and the medical line item to contracted mental health care. The resolution still needs to be approved by the full Legislature at its next meeting.

The purpose of Article 730 is to ensure a defendant is able to understand the charges against him or her and participate in his or her own defense.

The state operations "forensic" hospitals solely for the purpose of trying to restore a defendant to competency so they can participate in the legal proceedings.

While competency restoration provides medication, the primary purpose is to help the defendant understand the proceedings in the courtroom.

It is not mental health treatment and does nothing to help alleviate or manage the defendant's mental health issues.

Judges, according to the proposed resolution, often do not understand that competency restoration is no substitute for mental health treatment. 

Restoration can take from 90 to 150 days at a cost to the county of $1,300 a day.

Some defendants in New York have been in restoration for three, six, or even 10 years, though by legal precedent, the state cannot hold a mentally incompetent person indefinitely. 

"They do have a right to restoration," Battaglia said. "They have to understand what's happening, what charges are being brought against them and to understand the trial process. That's their civil liberties." 

Landers hopes that the four defendants currently receiving restoration services will be found competent to proceed with legal proceedings well before the county's bill approaches that $1.2 million mark.

He said he met with other county administrators from throughout the state a month ago, and competency restoration costs were a common concern.

All are pushing for changes in Article 730, including ensuring judges understand the 730 process is not mental health treatment and that the professionals conducting competency exams inform judges whether there is a reasonable chance of restoration, allowing judges to explore diversion programs and mental health treatment.

The change would also require counties to invest any savings realized from reform into community-based mental health services.

"It makes too much sense and I guess we're frustrated because from a clinical and from a financial side, we don't understand why there isn't movement on this," Landers said.

matt landers county manager genesee county
County Manager Matt Landers.
Photo by Howard Owens

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