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Opioid settlement with Johnson & Johnson could result in a $413,000 windfall for Genesee County, attorney says

By Mike Pettinella

Genesee County stands to receive more than $400,000 via a settlement between New York State and the pharmaceutical companies comprising the Johnson & Johnson brand for their role in contributing to the nation’s opioid epidemic.

The county’s Human Services Committee today, on the advice of County Attorney Kevin Earl, recommended adoption of a resolution that would enable Genesee to participate in the New York Opioid Sharing Agreement.

The settlement, negotiated by New York Attorney General Letitia James, would provide Genesee County with a sum between $177,000 and $413,000, Earl said, with approximately half of the money to be "front-loaded" as an initial payment representing the first three years – possibly as soon as February 2022.

"It is my understanding that the balance will be paid over the next nine years on the state's remaining 10-year payments," he added.

Earl said the actual amount is on a sliding scale, depending upon the number of municipalities opting in.

He said there is a good chance that the county would get its full share of the settlement funds, which could be as high as $229 million to New York State.

The resolution passed by the HSC (which is subject to approval by the full legislature next week) alleges several causes of action against defendants Johnson & Johnson, and affiliates based on claims that J & J contributed to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and by falsely promoting the increased use of opioids directly and generally through various “front groups” and failing to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to a public health crisis in the County of Genesee.

As reported previously on The Batavian (see link below), Genesee County has retained the services of Napoli Shkolnik PLLC of New York City to litigate on its behalf. Earl said this firm and another based in New York City represent the vast majority of municipalities in New York State.

Earl said two other law suits are in the works – one against Pharma, maker of oxycontin, which has filed bankruptcy (reorganization) and the other against the distributors of these powerful drugs.

“That’s three potential bites of the apple (for the county),” he said.

Any funds received in the Johnson & Johnson case would have to be used in areas related to expenses incurred as a result of the opioid epidemic, Earl said, although “there is quite of bit of flexibility” in the guidelines.

Those uses would include treatment/support groups, prevention, training, first responders and research. Allocation of the funds is being coordinated by the NYS Office of Addiction Services and Supports.

Previously: GCASA director: Multimillion dollar deal with opioid distributors would 'stabilize' treatment system

Planning director praises Census committee for 'finding' 327 additional people in City of Batavia's Ward 6

By Mike Pettinella

Genesee County Planning Director Felipe Oltramari, in an email this morning, commended the county’s Complete Count Committee for its efforts in “finding” more than 300 people in the City of Batavia's Sixth Ward.

“We are happy to report that just in that tract/ward alone, we were able to find an additional 327 people in 2020 that were not counted in 2010,” Oltramari wrote.

He went on to surmise that it was “very unlikely” that 327 net additional people moved into that “southside” ward in the previous 10 years, since the rest of the county lost population and no substantial new housing was built in that ward during that time.

“It is more likely that these people were not counted in 2010 and we were able to reach them through this committee’s outreach efforts,” he said.

He wrote that the committee was tasked by the U.S. Census bureau to target the Sixth Ward due to a probable undercount in the 2010 Census.

Oltramari also reiterated what was reported on The Batavian on Aug. 13 that Genesee County’s population decreased from 60,079 in 2010 to 58,388 in 2020 – but that is more than the Census Bureau’s 2019 estimate of 57,808.

“This no doubt was partly due to this committee’s outreach efforts last year, and we found further evidence of this as we dug deeper into the numbers,” he concluded.

More data on changes for NY State can be found at: https://pad.human.cornell.edu/census2020/index.cfm#pl

Previously: 2020 Census shows Genesee County population fell by 2.8 percent from 2010; City of Batavia gained 135 people

Audit reveals Genesee County fared better than anticipated in 2020; net position increased by $4.2 million

By Mike Pettinella

Genesee County came out much better than expected in terms of its financial health in 2020, according to the certified public accountant who conducted the municipality's yearly audit.

“You fared fairly well. You had budgeted a deficit, and you actually came out better than you had anticipated,” said Kathryn Barrett, director at Freed Maxick CPAs, P.C., as she and colleague Nicole Ryan summarized their report earlier this month for the Genesee County Legislature.

Barrett said the county took in about $5.3 million less than budgeted in 2020 (its fiscal year is January through December), but spent about $8.5 million less than budgeted.

“So, budget to budget, you did much better, and that helped build that positive fund balance,” she noted, adding that the audit uncovered no deficiencies or material items.

The county’s net position of primary governmental activities increased by $4.2 million from 2019 -- to $149.5 million, and its net position on business type activities increased by $2.9 million, she reported.

She said the audit looked at two sets of financial statements -- government-wide or “a picture of what you look like as an entity rather than a fund by fund basis” and fund basis or “how you look at yourself and manage your operations on a day by day basis.”

Genesee, at year's end, had a deficit of $19.8 million in the Tobacco Asset Securitization Corporation (which handles tobacco settlement funds), which is consistent with prior years, Barrett reported. The county, however, had positive balances in the self-insurance ($3.1 million, up $810,000); Workers’ Compensation ($1.8 million, up $1.2 million); and water ($3.9 million, up $1.4 million) funds.

Barrett said the county’s participation in the New York State Retirement System this year has had a significant impact on government-wide operations. She said the plan is underfunded, but some of that has to do with the fact that the plan was measured on March 31, right at the beginning of the COVID-19 pandemic.

“That increased the net liability on the government-wide financial statements by about $5.4 million – it almost doubled from what it was last year,” she said. “So, that can go up and down in any particular year because of the assets that are invested in the open market and how they are performing at any particular point in time.”

Noting that the retirement system is funded at high levels – 96.3 percent in 2019 and 86.4 percent last year, she said it was a “temporary blip” and the county could see “a complete turnaround next year …”

Looking at the fund basis figures, the overall fund balance increased by $1.3 million in the general fund to a total fund balance of $44.4 million. She said the county used about $10 million of its capital reserve, but also set money aside for 2021 to offset any revenue loss, and also appropriated money for sales tax, Medicaid and jail debt service.

On the revenue side, revenues decreased by $1.6 million or 1.5 percent, again better than anticipated, while expenditures decreased by just less than $500,000 or .5 percent.

She said the county is considered a low-risk auditee, based in part on spending $2.2 million less in federal funding from 2020 to 2019.

For 2020, the county’s primary government invested $7.3 million in governmental activities capital assets, including $2.1 million in construction work in process, $280,000 in buildings and improvements, $3.7 million in infrastructure and $1.2 million in equipment, machinery and other capital assets.

The county tax rate was $10.11 per $1,000 of assessed value in 2020, up 7 cents per $1,000 of assessed value from the 2019 county tax rate.

Ryan commented on the management report section of the audit, stating, “We didn’t have any findings from the single audit and usually those are the most lengthy findings that we would have.”

She also said she found no significant issues.

One operational matter involving cybersecurity was identified, Ryan said.

“Our risk advisory services provide a little more of an in-depth look from the cybersecurity perspective, from that IT (Information Technology) perspective,” she said.

Barrett said Freed Maxick’s advisory group would be available to assist the county in addressing this issue.

“They’ve helped other clients in this area identify weaknesses and help them remediate and put together a plan of remediation,” she offered.

Batavia Development Corp. board hires Brett Frank as new director

By Mike Pettinella

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Update at 11:30 p.m. from BDC:

"Brett brings a wealth of knowledge and experience in business and property development that will help advance the BDC’s mission to improve the quality of life in the City of Batavia through a number or economic development collaborations, programs and initiatives," said BDC President Lori Aratari. “We are excited to welcome him and look forward to his leadership.”

Brett has core competencies in government relations, public relations, communications, business and policy research, statistical analysis, and business intelligence.  His roles with Genesee County were numerous, including Real Property tax apportionment of County/Town, County/City, School and Village taxes, public relations and working directly with the GCEDC in the maintenance and generation of PILOT invoices.

He was responsible for disseminating information to engage property owners in complex residential and commercial valuation projects and acted as liaison to municipal, regional, and state government officials.

“On behalf of the City we are excited to work with Brett in this new position and have confidence that as a City resident he understands the needs of both the business community and residents alike,” said Rachael J. Tabelski, City of Batavia City Manager.  “Brett will be coming to the organization with a list of projects to finalize from the Downtown Revitalization Initiative (DRI) and a 2020 Main Street Grant awarded to the City.  He will also be responsible for promoting development at the City’s Brownfield Opportunity Area (BOA) sites and assisting businesses with loans and grants.”

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Directors of the Batavia Development Corp. this morning approved the hiring of Brett Frank as the agency’s executive director.

Frank (photo at right) fills the position that became vacant when Andrew Maguire accepted the operations manager post with the Town of Batavia in June. He will start on Aug. 30.

A client service specialist at Fieldstone Private Wealth in Batavia since September 2020, Frank was employed at Genesee County’s deputy director of Real Property Tax Services for five years prior to that.

“I think he will do a great job in that position. He’ll be a good fit for that,” said Kevin Andrews, the county’s director of Real Property Tax Services, Frank's immediate supervisor. “His background in real property, I think, will help him in that role.”

Andrews said Frank is outgoing – a people person – and won’t have any problem promoting the projects on behalf of the City of Batavia.

Previously, Frank, a city resident, was a financial representative for Northwestern Mutual and a Batavia City School District maintenance worker.

Frank, an Elba Central School graduate, earned a bachelor’s degree in Financial Economics from Buffalo State College after receiving his associate’s degree in Liberal Arts from Genesee Community College.

City Manager Rachel Tabelski said Frank's "great background in real estate" will go a long way in accomplishing the BDC's mission.

The position's salary is $70,000 plus benefits.

Genesee, Orleans counties recognize those who volunteered 'countless hours' during COVID response

By Mike Pettinella

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Genesee and Orleans counties this afternoon thanked all the volunteers who spent "countless hours" to assist local officials in their response to the COVID-19 pandemic over the past year.

"The reason for this is (to recognize) all of the countless hours the volunteers in our communities in Genesee and Orleans gave to our community during the testing phase and also during the vaccine clinic phase," said Genesee County Legislature Chair Rochelle Stein at the appreciation luncheon at Genesee Community College.

"We had an unbelievable response when we said we needed help. These are the folks who came and helped without even a care for themselves."

Stein said certficates were made for the 250 or so people who contributed to the two counties' efforts.

She also thanked Bill Schutt of the county Emergency Management Services department for his role as "COVID czar," along with Public Health Director Paul Pettit and EMS Coordinator Tim Yaeger, adding that it wouldn't have been possible "without all hands on deck."

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Photos by Alecia Kaus. 

Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD

By Mike Pettinella

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power

By Mike Pettinella

Genesee County Manager Matt Landers has yet to hear from government officials in the towns of Darien and Pembroke and Village of Corfu on whether they will be opting in to an updated countywide water supply agreement. But he is sticking to his timeline to enact a new sales tax distribution plan to all municipalities.

Landers, at this afternoon’s Genesee County Legislature Ways & Means Committee meeting at the Old County Courthouse, presented a resolution that immediately (when passed by the full legislature) rescinds the county’s annual voluntary distribution payments. It also directs the county treasurer to discontinue all future such payments until further notice.

The measure passed and will be forwarded to the legislature’s next meeting, which is set for July 28.

Landers said the county made the first six monthly distribution payments this year but is changing course going forward – offering municipalities (with a deadline of Aug. 13), the following options:

  • With universal buy-in to revised water supply agreements, accept $10 million annually over the next 38 years, with the amounts per town or village determined by the total assessed property valuation;
  • Without universal buy-in, accept $7 million in annual sales tax distributions and another $3 million in periodic revenue distribution over the next 38 years, minus equalization of water surcharge revenue to those municipalities not opting in.

Currently, Darien, Pembroke and Corfu have not signed the water agreements, although their town and village boards have scheduled meetings over the next couple weeks.

“The towns and villages are aware of this resolution (to rescind the agreement that was passed in 2020),” Landers told the committee.

On Monday, a draft of the new sales tax agreement – without any specific dollar amounts filled in -- was sent to the New York State Comptroller’s Office for review.

Landers has set Sept. 14 as the date to send the amended and signed agreement to the Comptroller for formal approval.

SHOOTING FOR A $1 MILLION GRANT

In other action, the Ways & Means Committee voted in favor of a resolution to hold a public hearing for 5:30 p.m. Aug. 25 at the Old County Courthouse to provide information regarding the application of funding from the Community Development Block Grant COVID-19 Response program in the amount of $1 million.

Landers explained that the money is targeted for assistance to small businesses in the county, those with 25 or fewer employees.

He said the Genesee Gateway Local Development Corp. will help facilitate the money, if received, to go toward programs such as job creation, equipment/furnishings for parklet-type outdoor dining locations, personal protective equipment, and air handling measures, telecommuting employment and related initiatives.

“We have 12 months to spend the money from the date of applying,” he said, adding that the GGLDC, Downtown Batavia Improvement District, Genesee County Chamber of Commerce and other outlets will be promoting this heavily. “This is money beyond the $11 million that we received from the American Rescue Plan Act, and we still have that.”

Landers said the majority of the funds will be in the form of grants, with some to be allocated as loans.

“It’s a win-win for everyone,” he added.

HCA WITH PLUG POWER IN THE WORKS

The committee also approved a resolution authorizing the county to enter into a Host Community Agreement with Gateway Hydrogen LLC, also known as Plug Power Inc., of Latham, which is planning to build a green hydrogen production facility at the Western New York Science & Technology Advanced Manufacturing Park in the Town of Alabama.

Landers reported that the county – as long as the proposed project goes through – would receive $366,000 annually for 20 years plus another $147,000 annually from a Payment in Lieu of Taxes agreement.

“This brings revenue to the county to be used for general operations without having negative tax cap implications as well as giving us the option of how to use it,” he said, adding that it is projected to start on Jan. 1, 2023.

Host Community Agreements or Host Benefit Agreements are legal contracts that benefit both the community and the developer of a project -- stipulating the benefits a developer agrees to fund or furnish, in exchange for community support of a project.

Benefits can include commitments to hire directly from a community, contributions to economic trust funds, local workforce training guarantees and more.

In this case, Landers said some of the funds could go toward a Niagara County connection that would increase the water supply to the northern region of the county, including around the STAMP site.

“This may be able to support the possible connection to Niagara County,” he said. “It’s basically gap water between Phase 2 and Phase 3 of the Countywide Water Program.”

He also said he believes the Town of Alabama will be entering into a HCA with Plug Power.

The PILOT agreement will serve to lower the tax cap, which helps reduce the property tax rate, he said.

Previously: Genesee County leaders present plans to distribute $10 million in sales tax/other revenue to towns and villages

GCASA director: Multimillion dollar deal with opioid distributors would 'stabilize' treatment system

By Mike Pettinella

Update: July 24, 9:30 a.m.

Comment from Anne Constantino, president and CEO of Horizon Health Services, which has an office in Batavia:

“We are grateful to the Attorney General for her success in this settlement that will absolutely deliver much needed resources in our efforts to prevent, combat and treat the serious public health crisis of addiction.”

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The executive director of a local substance use prevention and treatment agency is hailing today’s announcement that four major pharmaceutical distributors are close to an agreement to pay out $26 billion to states and municipalities for their roles in perpetuating the nation’s opioid epidemic.

“Yes, this is welcome news and I’m just hoping the money ends up going to assist individuals and families struggling with opioid addiction,” said John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse. “It definitely is needed to stabilize the treatment system that has been impacted negatively by the recent pandemic.”

According to multiple media outlets, Johnson & Johnson, Cardinal Health, McKesson and AmerisourceBergen are near a deal that would resolve multiple legal challenges as well as pay for prevention, treatment and recovery services throughout the United States.

Genesee County Attorney Kevin Earl said it will be awhile before it is known how much money will be allocated locally.

The New York City law firm of Napoli Shkolnik PLLC is representing Genesee County as well as several other counties, Earl said.

“Most of the particulars are up in the air right now,” Earl said. “The county has retained this law firm to represent us in the litigation and they have advised us of the settlement with three of the distributors and Johnson & Johnson, but it’s too early to tell what Genesee County or any other participant in the litigation will get.”

A published report in today’s online edition of The New York Times indicates that the pact has yet to be finalized and “could still fall apart or have significant changes.”

The Times’ story also included the following:

-- According to lawyers familiar with negotiations, Johnson & Johnson, which made an opioid painkiller and a fentanyl patch and supplied opium-based ingredients to other drug manufacturers, would pay $3.7 billion in the first three years and $1.3 billion over the next six years. It had already shut down its supply business and discontinued its opioids, and agreed to refrain from selling opioids.

-- The distributors as well as several manufacturers are in the midst of a trial in a case brought by the State of New York and two of its counties. This morning, Letitia James, the attorney general for New York, announced a $1.1 billion deal with the distributors to settle that case. That money would be a part of the overall $26 billion settlement, but so far, it is the only deal that has been formally agreed to. Payments to New York State could begin in two months, Ms. James said.

Genesee County Manager Matt Landers said he was “fairly certain” that the money awarded to the county is for specific purposes, unlike the tobacco settlement, which gave counties more leeway to use the money for general operations.

“This money would have to go towards specifically combatting opioids,” he said. “So, it would lead to us partnering with agencies in the community to help deliver these services – agencies such as GCASA and others.”

Marcus Molinaro, president of the New York State County Executives Association, said in a press release that the settlement “comes at a crucial moment as counties across the state and nation grapple with a startling resurgence in overdose deaths.”

“No amount of money can bring back the lives lost to the opioid epidemic, but it can honor those lost by investing in prevention, education and treatment services to save lives,” he said.

“New York’s county executives were proud to work in collaboration with Attorney General Letitia James to pass legislation creating an Opioid Settlement Fund to ensure those most responsible for plunging us into this crisis, and not local taxpayers, pay for treatment, recovery, and abatement efforts critical to defeating this deadly scourge.”

Culvert work closes South Main Street near Wortendyke

By Mike Pettinella

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Photo: Genesee County and Town of Batavia crews are working to replace culverts along South Main Street Road and Wortendyke Road – a project that is expected to take about six weeks.

During that time, the South Main Street Road will be closed to motorists heading west about three-quarters of a mile from the Wortendyke Road intersection and at the intersection for those traveling on Wortendyke Road.

Photo by Mike Pettinella.

PAARI executive director 'motivated' to lead individuals, families to recovery from substance use disorders

By Mike Pettinella

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Having supported a loved one’s multiyear battle with addiction, Allie Hunter said she is uniquely qualified and motivated to help deliver others throughout the United States from the clutches of substance use disorders in her role as national executive director of the Police Assisted Addiction and Recovery Initiative.

Hunter drove from her Cape Cod, Mass., home today to meet with leaders of the PAARI chapter in Genesee County at the Batavia Fire Department station on Evans Street in preparation of her keynote address at Tuesday’s event showcasing the local program.

The Genesee County chapter is called Public Safety Assisted Addiction and Recovery Initiative, a slightly altered version of the nonprofit organization’s official name due to the fact that the Batavia FD is the first fire company in New York State to join the effort to lead people to treatment and recovery without the threat of being arrested.

The Genesee County Sheriff’s Office, Batavia Police Department and Le Roy Police Department – all supported by the Genesee County Health Department – are current participants in the local PAARI.

Tuesday’s event is scheduled from 11 a.m. to 1 p.m., and was open to the public on a preregistration basis. Christen Ferraro, program coordinator, said that about 50 people are expected to attend.

Hunter said her sister’s struggles with substance use have given her a deeper understanding of addiction – as well as treatment and recovery – and have motivated her to reach as many individuals and families as possible.

“My younger sister, Nicole, for several years struggled with addiction,” Hunter said. “She experienced several overdoses and it was really tough for my family during that period of time.”

She said she was close to her sister and “oftentimes, I was the person that she would call when she overdosed or when she got into some type of challenge and I always tried to answer my phone anytime she called to help her out.

“It’s tough as a family member. You don’t know who to talk to about it or what resources are there. I didn’t know what I know now, and that motivates me, too, to try to support family members who have been impacted by it.”

About eight years ago, Nicole decided to start the recovery process, Hunter said.

“She has been doing really well. Now 32, she works as a recovery coach at a community health center nearby; so, we kind of work in the same field now, which is pretty cool,” she said.

Hunter said that her sister now takes part in some of the PAARI trainings and has responded with a police department on calls for help on Cape Cod.

“It’s great to have her doing so well and have that inspiration of how recovery is possible even though at the time – when somebody is struggling – there feels like there’s no hope,” she said. “But there’s always hope. So, that kind of motivates me as well.”

Unfortunately, there was no PAARI program at the time of her sister’s addiction, but things have changed considerably as the program’s numbers have increased from 100 departments when Hunter took over as executive director to about 650 today.

“How amazing would it have been if eight years ago there was a police department she could have walked in to because there were so many missed opportunities where she didn’t have the right insurance or couldn’t get a bed or couldn’t get a ride?” she asked. “Even on those overdoses, thank goodness there were officers carrying Narcan that were able to revive those. But it also highlights that there is more to be done.”

The goal, Hunter said, is to have PAARI become a standard “police in practice” offering.

“That’s the vision that we’re working towards but I think in the last five years we’ve grown a lot and have gotten about 30,000 people into treatment through our law enforcement partners,” she reported. “Still, overdoses are on the rise and we know that there is so much work to do.”

Hunter, who travels extensively around the country to trainings, chapter launches and conferences, said she is excited about the program’s development in Genesee County.

“For me, it’s really rewarding to get to be a part of local program launching and thinking about the ripple effect that will have on families and individuals that have been affected by addiction,” she offered. “For me to be able to be here in person and to meet the people behind it and see how PAARI has been part of that is really rewarding and exciting.”

PAARI’s funding comes mostly through grants and a “couple of federal organizations,” Hunter said, mentioning the Substance Abuse and Mental Health Services Administration and the Corporation for National and Community Service, a federal agency that manages the AmeriCorps program.

The Genesee County PAARI program is sponsored by the Greater Rochester Health Foundation, Genesee/Orleans Council on Alcoholism and Substance Abuse, GOW Opioid Task Force, and a grant from the health department.

For more information, contact Ferraro at cferraro@gcasa.org.

Disclosure: Mike Pettinella is a publicist for GCASA.

Photo: Allie Hunter, executive director of PAARI, meets with public safety officials at Batavia Fire Department headquarters. From left are John Bennett, GCASA executive director; Interim Fire Chief Dan Herberger; Hunter; Fire Captain Greg Ireland; Sheriff's Sgt. Brian Frieday; Batavia PD Assistant Chief Chris Camp; Sgt. Emily McNamara of the Le Roy Police Department was also part of the discussion. Photo by Mike Pettinella.

PAARI's executive director to speak at Tuesday's event at City of Batavia fire headquarters

By Press Release

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Submitted photo and press release:

Leaders of the Public Safety Assisted Addiction & Recovery Initiative in Genesee County have been informed that Allie Hunter, PAARI’s national executive director, will be coming to Batavia to speak at Tuesday’s event showcasing the participation of the City of Batavia Fire Department.

The program is scheduled from 11 a.m. to 1 p.m. at fire headquarters at 18 Evans St.

Hunter (photo at top), in her role as executive director of the Boston, Mass.-based organization, coordinates training, technical assistance, and strategic guidance to police to help them when dealing with individuals using alcohol or drugs, or in recovery.

An authority on policing as it relates to the opioid epidemic, she was deputy director of the Nonviolent Initiative for Democracy, and has worked at several other Boston-area nonprofit agencies, including ZUMIX and Bikes Not Bombs.

In the spring of 2017, Hunter received a Nonprofit Excellence Award and was named Young Professional of the Year by the Massachusetts Nonprofit Network. In fall 2018, she accepted an AmeriCorps Excellence Award for PAARI’s first-of-its-kind program that embeds national service members in police departments to address the opioid epidemic.

PAARI, officially known as Police Assisted Addiction & Recovery Initiative, is designed to provide support and resources to help law enforcement agencies nationwide create non-arrest pathways to treatment and recovery.

The public is invited to attend the Tuesday's event, which will feature local public safety officials as well as representatives of the Genesee County Health Department, Greater Rochester Health Foundation, Genesee/Orleans Council on Alcoholism and Substance Abuse, and GOW Opioid Task Force.

Genesee County participants are the Genesee County Sheriff’s Office, City of Batavia Police Department, Village of Le Roy Police Department, City of Batavia Fire Department and Genesee/Orleans Health Department.

Complimentary food and beverage will be provided.  

To register for this event, click here. Once registered, individuals will be contacted for their lunch selection.

For more information, contact Christen Ferraro, GRHF project coordinator, at cferraro@gcasa.org.

Agricultural Districts provide protection for farm operations; 203,000 acres in Genesee County are enrolled

By Mike Pettinella

New York State Agricultural Districts, especially in counties such as Genesee where farming is vital to the local economy, are significant geographic regions that enable farmers to work with their municipalities to best serve their communities.

That was a key point of a recent webinar conducted by Jeff Kehoe and Kathleen Tylutki, farmland protection specialists with the NYS Department of Agriculture and Markets, Division of Land and Water Resources, Agricultural Protection Unit.

Agricultural Districts are defined as locally initiated mechanisms for the protection and enhancement of agricultural land as a viable segment of the local and state economies.

“Back in 1971-72, the ag district program was developed to help stem the tide of suburbanization moving into the countryside,” Kehoe said. “It’s really not a matter of the farmer and the department; there’s a lot more to this. In New York State, towns have local authority and they have the ability to control what happens in their town and jurisdiction.”

In 2020, there were 165 Agricultural Districts in 53 counties in New York, consisting of 26,227 farms and accounting for 9,149,836 acres.

“It’s a very successful program and each year we have been growing,” Kehoe reported. “And in light of recent events, hopefully we will see more and more properties enroll in the ag district to better accommodate agriculture and allow farmers to scale up their operations without too much scrutiny from the town.”

In Genesee County, according to Planning Director Felipe Oltramari, there are four ag districts, covering 6,200 parcels and 203,000 acres.

“The number of acres is about two-thirds of the total land area in the county,” Oltramari said.

The Genesee County districts are as follows (see map below):

District 1 (green) – Darien, Alexander, Bethany and a bit of Pembroke, Batavia and Stafford.

District 2 (blue) – Alabama, Oakfield, Elba and northern parts of Pembroke and Town of Batavia.

District 3 (aquamarine) – Le Roy, Pavilion and parts of Stafford and Bergen.

District 4 (red) – Bergen, Byron and small parts of Elba, Stafford and Le Roy.

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Oltramari said enrollment into an ag district is free and voluntary, and that individual district reviews occur every eight years from the district’s creation date.

“This process is undertaken on behalf of the Genesee County Legislature by the County Department of Planning,” he said. “During review, landowners within the district boundaries may enroll or withdraw property from the district. Only entire parcels may be included or excluded.”

Kehoe said that “the power of this program is given to the counties because local (town, village) government has so much control over what happens in their towns.”

“If you are a farm operation – which is a technical definition in our law – and your parcel is enrolled in the agricultural district, the circumstances are that it’s modified,” he said. “Your local laws are modified if you’re a farm operation enrolled in an ag district.

“That still means that you must comply with all local laws and permits and applications and all the local processes, however, when you’re in the ag district, the town is essentially on notice to streamline or facilitate your applications, minimize any fees and, hopefully, work with you to be as timely as possible and least burdensome as possible.”

Agricultural Districts are overseen by a county’s Agriculture and Farmland Protection Board – an 11-member committee under the direction of the county legislature. It is tasked with advising the legislature in matters relating to establishment, modification, continuation, or termination of agricultural districts.

The AFPB also issues recommendations to the legislature in regards to the Agricultural District Annual Enrollment and Smart Growth Plan revisions.

“It’s a different level of government that has oversight and can weigh in on ag issues,” Kehoe said.

In Genesee County, current AFPB members are Donn Branton, chairperson, farmer; Janice Beglinger, Agriculture Outreach educator Cornell Cooperative Extension; Steven Boldt, farmer; Kevin Andrews, director Real Property Tax Services; Christian Yunker, County legislator.

Also, Marcia Hirsch, agribusiness; LuAnne McKenzie, farmer; Dennis Phelps, Soil & Water Conservation District chairperson; Janette Veazey-Post, farmer; Tim Welch, Soil & Water Conservation technician, and Oltramari.

The AFPB, per Agriculture and Markets Law 25AA 302(c), shall render expert advice to the county legislature relating to the viability of lands to be enrolled in the agricultural district, including advice as to the nature of farming and the relation of farming in such area to the county as a whole.

Oltramari said specific recommendations could pertain to the proper placement of fire hydrants and water lines to not adversely affect farm operations, and the periodic reviews of the district itself.

Kehoe said that Right To Farm Laws provide additional protection for farmers, and come in three forms:

  • Agriculture Districts Law, Article 25AA, Section 308;
  • County laws that enact public policy supportive of agriculture;
  • Local laws that typically support agriculture and Article 25AA and, sometimes, utilize the services of an ag mediation panel and/or require a statement on building permits.

According to Section 308, The Commissioner of Agriculture and Markets is authorized to issue opinions regarding whether certain agricultural practices are sound. Any practice that is determined to be sound does not constitute a private nuisance when an action is brought. In a nuisance suit where a farming practice is determined to be sound, this section ensures that the plaintiff will incur any fees and other expenses related to the defense. This section protects farmers from paying costly legal fees to defend their operations against frivolous nuisance actions.

Section 305-A of the Agriculture Districts Law “protects farmers against local laws that unreasonably restrict farm operations located within an agricultural district,” Tylutki said.

This section of the law calls for coordination of local planning and land use decision-making with the agricultural districts program, and ensures that local zoning, comprehensive plans and land use plans will not unreasonably restrict or regulate farm operations within an agricultural district unless there is a threat to public health or safety.

Tylutki said the keys for valid objections to local law infringement are that the parcel is enrolled in an ag district, it is the site of a legitimate farm operation, and that the farmer has exhausted all local administrative remedies before appealing to the NYS Department of Agriculture and Markets.

“Apply for it (protection status), get the denial and then the Department (of Agriculture) has something to react to,” she said. “So, then we actually have a hard denial to say to the town what is being unreasonable in consulting with your county AFPB and other local resources.”

She noted that an ordinance may appear reasonable in an abstract, but it could be unreasonably restrictive or regulate a particular farmer. All referrals are evaluated on a case-by-case basis.

Tylutki also spoke about farm stands and similar retail activities on ag district operations.

The rule of thumb for these ventures is that at least 51 percent of the agricultural crops, livestock and livestock products sold, on an annual basis, must be from the farm’s own production. Furthermore, the activity must be used as part of the direct marketing strategy of the farm operation and the primary purpose of the activity must be to sell the farm’s products/services, not to serve as a recreational use of the land.

Oltramari said that a prime example is the retail store and Community Supported Agriculture business at Porter Farms in Elba.

“They just opened a retail store and they have had the CSA for quite some time,” he said, explaining that a CSA allows citizens to purchase a membership and receive a weekly bag of produce from the farm.

“In an ag district, the farm is permitted to do this through the right-to-farm protections,” Oltramari said. “This is the same as wind or solar being used to offset utility costs of the farm. It also protects farmers against nuisance liability as long as the farmer is following the New York State ag district guidelines.”

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Additional resources on Agricultural Districts and related topics can be found at the following:

Agricultural Value Assessment Program, Department of Taxation and Finance
https://www.tax.ny.gov/research/property/assess/valuation/agindex.htm
Jeremy Kergel Jeremy.Kergel@tax.ny.gov

Building Standards and Codes, Department of State:
https://www.dos.ny.gov/DCEA/

Local Government Services, Department of State
https://www.dos.ny.gov/lg/

Farm Brewery/ Cidery/ Wineries etc. State Liquor Authority
https://sla.ny.gov/

Industrial Scale Solar Arrays: NYS Solar Guidebook
https://www.nyserda.ny.gov/All%20Programs/Programs/Clean%20Energy%20Siting/Solar%20Guidebook

Agricultural District Mapping Program, Cornell University IRIS (Institute for Resource Information Sciences)
https://iris.cals.cornell.edu/extension/agricultural-districts/
Diane Ayers dag10@cornell.edu

Publication: Planning for Agriculture
https://farmlandinfo.org/publications/planning-for-agriculture-in-new-york-a-toolkit-fortowns-and-counties

NWS office in Buffalo issues Hazardous Weather Outlook: heat, humidity, then storms and gusty winds

By Billie Owens

From the National Weather Service office in Buffalo:

1151 a.m. EDT Monday July 5: Niagara-Orleans-Monroe-Wayne-Northern Cayuga-Oswego-Jefferson-Lewis-Northern Erie-Genesee-Wyoming-Livingston-Ontario-Chautauqua- Cattaraugus-Allegany-Southern Erie.

This Hazardous Weather Outlook is for western and north central New York this afternoon and tonight. The combination of heat and increasing humidity levels today may lead to heat index values near advisory levels of 95F inland across the Genesee Valley and Finger Lakes region.

Tonight, a cold front will approach and then move into the Lower Lakes with increasing chances for storms. The best chance to see a storm will be just south and east of Lake Ontario.

A Marginal Risk for severe thunderstorms has been issued with the main threat damaging wind gusts.

Tuesday through Sunday -- a stronger system approaches the Lower Lakes Wednesday with another round of storms. A Marginal Risk for severe thunderstorms has been issued for Wednesday afternoon and evening with the main threat damaging wind gusts.

Le Roy Meadows manager says plan will address $600,000 in back taxes, needed repairs

By Mike Pettinella

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The project manager of Le Roy Meadows says a solid plan is in place to address more than $600,000 in back taxes owed to Genesee County and necessary roof and driveway repairs at the 10-building, 80-apartment complex at 18 Genesee St.

David Renzo Jr., president of V&V Development Corp., of Batavia, today said a vouchering system to retrieve subsidies owed to the project by the U.S. Department of Housing and Urban Development and a commitment of an investment group out of California, which owns 95 percent of the complex, are the keys to getting Le Roy Meadows back on track.

“As soon as we get the subsidy in for all that, the taxes are going to be paid,” Renzo said.
“We’re resubmitting vouchering covering the past three or four years, and we’re thinking that in four to five weeks we will start receiving the HUD subsidy again and the taxes will be paid.”

The Batavian has learned that the county is waiting to receive $605,886.43 in back taxes owed by Le Roy Meadows -- $603,167.33 on the property assessed at $2.2 million and another $2,719.10 on a small parcel assessed at $10,000. The taxes are for the years 2018, 2019, 2020 and 2021.

Genesee County hasn’t started the foreclosure process yet due to the signing by Gov. Andrew Cuomo of an extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act through Aug. 31.

Renzo said the location’s current problems stem from HUD suspending its contract with Le Roy Meadows several years ago. Tenants there pay 30 percent of their monthly income toward rent with HUD supplying the difference.

“Our HUD contract was suspended but we’re working on that with HUD right now by sending the vouchers (for the back subsidies),” he said. “There was a lot of confusion. The tenants shouldn’t be worried now because we have a plan in place. They’re not going to lose their rental assistance.”

He said the worst-case scenario is that tenants will receive an individual voucher that can be used for the rental assistance – giving them a choice between staying at Le Roy Meadows or taking that voucher to live somewhere else.

“Right now, rental assistance is project-based. The investment group in California is committed to getting this done. They’ve got positive feedback from HUD and getting the back subsidy that is owed to us to pay off the taxes and get the work done,” Renzo advised.

Concerning the condition of the roofs and driveway, Renzo said he is working with the investment group, soliciting the bids and lining up the work, to have all of the roofs replaced and to blacktop “the worst part of the driveway.”

He also said that repairs of the original sidewalks are part of the plan.

The tarps covering the roofs on many of the buildings are there as precautionary measures, he noted. Thus far, one of the 10 roofs has been repaired.

“With the subsidies about to come, plus the reserve accounts that we have set up and the backing of the investment group, the work will get done,” he said, adding that the interior of the apartments are in “great shape.”

Renzo said that contrary to what was reported in another local news outlet, neither he nor the V&V Development Group own Le Roy Meadows. He did say that plans are to bring in a new management group specializing in HUD policies and procedures to run Le Roy Meadows.

V&V Development Group also manages three complexes governed by the United States Department of Agriculture – The Meadows at South Main Street and Northside Meadows, both in Batavia, and Corfu Meadows.

Photo: Le Roy Meadows building with tarps protecting the roof, which needs replacing. Courtesy of Le Roy code enforcement officer.

Video: Teen's county flag design winning kudos in the community

By Howard B. Owens
Video Sponsor
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The county flag designed by Riley Wall, an Alexander student, could be in the running to become the official county flag, Planning Director Felipe Oltamari revealed after a ceremony yesterday recognizing Riley's winning design in the youth art competition.

The winner of the adult design competition, which hasn't been announced yet, was expected to become the new official county flag but "a lot of people have said they really like this one better, it's really grown on me," Oltamari said. "It's really grown on me. We'll see what the Legislature decides."

The flag designed by Riley flew outside the Genesee County Courthouse yesterday in an honor that culminated with a proclamation presented to Riley but Legislator Gary Maha.

Riley designed the flag, she said, to reflect the county's agricultural roots and the diversity of the county's residents. It depicts an ear of corn and two hands reaching to grasp it, one white and the other brown.  

As it turned out, planning department staff and Oltamari's mother ended up making the flag -- cutting the patterns, sewing the pieces together -- in short order after the flag company originally hired to create the flag wasn't able to complete the order in time to fly yesterday.  

Previously: Alexander Central eighth-grader's Genesee County flag judged as the best in children's contest

Genesee County manager applauds major victories in areas of investments, shared services for localities

By Mike Pettinella

Genesee County Manager Matt Landers on Friday applauded the New York State Legislature for passing measures that will give county leaders across the state additional flexibility – leading to a lessening of the tax burden upon its residents.

“The legislation that recently passed the Assembly and Senate are definite wins for counties throughout New York and the citizens of Genesee County and New York State,” Landers said. “We are hopeful the governor will sign the legislation.”

When and if they are signed into law by Gov. Andrew Cuomo, these pieces of legislation will touch on several areas that directly affect how counties run their operations, Landers said.

He singled out three of the bills that passed both houses of the legislature in the final days of the 2021 session:

  • Expands Investment Options for Counties to provide similar options as those available to New York City under current law and help maximize returns for taxpayers.

“This passed legislation will allow counties to maximize their monies in reserve by earning a higher rate of interest,” Landers said.

  • Creates an AIM Redesign Task Force to analyze and recommend available alternatives to the current AIM formula and allocations, including models from other states.

“The creation of an Aid and Incentives for Municipalities design task force is certainly welcome, because simply shifting the state’s responsibility to fund local governments onto counties is not working and is not sustainable,” Landers said.

  • Extends the Countywide Shared Services Initiative for an additional three years and enhances flexibility within the program to encourage more participation.

“This legislation providing for an additional three years of incentives for shared service initiatives is very welcome news in Genesee County as we are always looking for ways to partner with local governments to deliver services in more efficient ways,” Landers offered.

Other county priorities that were passed by the Assembly and Senate were the creation of an early intervention covered lives assessment fee on commercial insurance to help fund services for infants with special needs, and raising of the age of juvenile delinquent offenses from 7 to 12, keeping very young children out of the criminal justice system.

The latter, according to the New York State Association of Counties, helps to address racial disparities in the justice system, and allows tax dollars to be better spent on programs that are developmentally appropriate for young children.

NYSAC President Jack Marren commended lawmakers for being sensitive to what county governments have gone through.

“Over the last year we’ve seen how vital it is to have strong local governments that can respond to unforeseen emergencies and provide essential services to residents when it matters most,” Marren said. “Counties applaud Speaker Heastie, Majority Leader Stewart-Cousins and the state lawmakers who fought to provide counties with the resources and flexibility we need to support the programs at the local level.”

NYSAC Executive Director Stephen J. Acquario called upon Cuomo to put his signature to the paper.

“I’m hopeful that we can build on the progress made during this session and carry that momentum into next year, but first we need Governor Cuomo to sign these bills into law so that counties can get to work building effective and sustainable local governments.”

County Building II to get cell phone reception booster from Verizon -- and the price is right

By Mike Pettinella

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Genesee County’s new Information Technology director made a favorable impression upon county legislators at Wednesday’s Ways & Means Committee meeting when he presented a resolution that came with a zero financial impact.

Batavian Michael Burns, (photo at right), who began employment with the county on May 24 after more than 20 years at the Rochester Institute of Technology, requested that lawmakers approve acceptance of a cell phone booster that will improve reception at County Building II on West Main Street Road.

The booster is being provided at no charge by Verizon Wireless, which has an agreement with the county for installation, maintenance and operation of the in-building coverage system.

It was Burns’ first request of legislators, who forwarded the resolution to next week’s meeting of the full board.

Burns thanked legislators for the opportunity to work in his hometown and was welcomed by Legislature Chair Rochelle Stein, who voiced her pleasure that his initial resolution didn’t cost the county any money.

Previously (feature story on Burns from April 30): Batavia resident accepts Genesee County information technology director position after long career at RIT

In other action, the committee:

  • Approved using $21,250 from the 1 percent sales and use tax reserve to purchase body cameras, docking stations and annual licenses for road patrol for the Sheriff’s Office. Apparently, the request was made last year but was not transferred to the county’s 2021 budget.
  • Accepted a grant for $50,099 from the state Department of Health and Health Research Inc. for the county’s Public Health Emergency Preparedness Program, starting on July 1 and extending through June 30.

Legislative committee sets public hearing for June 23 to integrate Code of Ethics, Financial Disclosure Statement

By Mike Pettinella

While more of a “behind the scenes” aspect of municipal government, a Code of Ethics and Annual Financial Disclosure Statement are essential in educating public employees and public servants of expected standards of conduct and potential conflicts of interest.

The Genesee County Legislature’s Ways & Means Committee this afternoon, following the lead of County Attorney Kevin Earl, took a step toward unifying its Code of Ethics by setting a public hearing on Local Law Introductory No. 2, Year 2021, to repeal and replace the county’s current Ethics and Disclosure Law.

The public hearing is scheduled for 5:30 p.m. June 23 during a meeting of the full legislature at the Old County Courthouse.

Earl said this measure is being taken not because the current Code of Ethics is inadequate but to merge the various aspects of the code into one document.

“Currently, the Ethics Law and the Annual Financial Disclosure Statement came about in a Local Law in 1990,” Earl said. “The Local Law was amended two times by other Local Laws (in 1991 and 1992), so one of the problems is that when you want to find out what’s current, you have to toggle – go back and forth – between three Local Laws, which makes it difficult.

“So, the main purpose of this is to put everything in one Local Law; everything is right there and you can see everything in one place.”

Earl said that he updated some of the language in the code and disclosure statement, basing the county document on the New York State Comptroller’s Office model ethics code.

“We almost quoted it word for word – except for items that apply specifically to Genesee County,” he said.

According to General Municipal Law, officers and employees of a municipality are prohibited from having certain conflicts of interest, and each municipality is required to adopt a Code of Ethics covering disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other applicable standards.

The Genesee County Code of Ethics and Annual Financial Disclosure Statement, which must be filled out annually by designated county employees and members of specific boards and committees. Approximately 125 people currently are required to adhere to the code and submit the financial statement.

Sections of the updated document include:

  • Repeal and Replace. Local Law Introductory No. 2, Year 2021, would repeal and replace the original code and the ensuing amendments;
  • Code of Ethics. This is the section that spells out requirements for county employees and appointees, and includes: term definitions; applicability; prohibition of using a municipal position for personal or private gain; disclosure of potential conflict of interest; procedure for recusal or abstention; investments and/or private employment in conflict with official duties; future employment; personal representation; use of municipal resources; interest in contracts; nepotism; confidential information and gifts.
  • Board of Ethics. This defines the committee that is appointed by the County Legislature and will render advisory opinions to officers and employees with respect to the General Municipal Law governing any Code of Ethics.
  • Financial Disclosure and Annual Statements of Disclosure. This section defines the terms used and reporting categories along with the procedures and key dates for filing the annual statements with the Clerk of the Legislature.
  • Whistleblower Protections. This part indicates the county’s prohibition of illegal or unethical activity, and safeguards any employee who reports such activity from being discharged, discriminated against or from being subject to retaliation.
  • Penalties. Anyone making false statements can be fined, disciplined or discharged from their duties, but an appeals process that brings in the Board of Ethics is in place.
  • Effective Date. The new Local Law shall take effect upon proper filing with the Office of the Secretary of State.

In another development, County Manager Matt Landers reported that the county has received the first half of its $11.1 million allocation from the American Rescue Plan Act.

The exact total going into the county coffers is $5,562,984.50. The second half will be distributed in 12 months.

Previously: Landers outlines four areas to use ARPA funds, says plan to spend $11.1 million is on the drawing board

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