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State of Emergency declared as city, county and state leaders prepare and brace for predicted storm, commercial traffic banned on parts of Thruway

By Joanne Beck

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Genesee County has gotten some attention from the Department of Homeland Security due to a severe weather watch for the next few days.

Department Commissioner Jackie Bray was heading this way to work alongside the county’s Emergency Management Services team, Legislature Chairwoman Shelley Stein said Wednesday evening.

The commissioner — whose most recent Twitter posts include news that Governor Kathy Hochul declared a State of Emergency -- planned to be embedded with county workers throughout the weather event, Stein said. Hochul's declaration Thursday morning was for 11 counties in New York predicted to be impacted by heavy lake effect snow.

The counties include Genesee, as well as  Cattaraugus, Chautauqua, Erie, Jefferson, Lewis, Niagara, Oneida, Oswego, St. Lawrence, and Wyoming. As of 4 p.m. Thursday, all commercial traffic had been banned on multiple state roads and state Thruway I-90 from Exits 46 to 61.

Citizens are to brace for the most heavy accumulations of up to four feet of snow in the Buffalo area. Hazardous travel conditions and local power outages may occur as a result of the combination punch of snow and wind that's been prevalent in weather forecasts. Hochul has urged New Yorkers to stay alert and avoid unnecessary travel Thursday evening (tonight) and Friday.

Several people have been dispatched to combat the elements, including 70 operators, seven supervisors, four equipment operator instructors, four mechanics, one operations manager and one support staff in the Western New York region, the press release stated.

The City of Batavia is prepared, Manager Rachael Tabelski said, and she has been talking with police, fire and public works departments, and county, utility and state leaders all day to ensure storm protocols are in place. Tabelski was glad to see that state roads and the Thruway are being partially shut down early as a proactive measure.

"I think shutting down truck traffic early is very helpful ... and rerouting trucks -- We just want to keep as many arterial roads open as we can," she said Thursday afternoon. "We will be determining early in the morning if we will close City Hall. We're hoping to remain open to serve all of our residents."

During talks with municipal leaders, Tabelski was reminded that commercial trucks that use the Thruway and other major highways have gotten stuck idling during intense storms, and that makes it nearly impossible for snowplow operators to do their jobs and clear snow. Rerouting that traffic well before a storm hits was a good move to help alleviate that issue, she said. 

All major department personnel from the police, fire, public works, snow removal and water and sewer plants will remain open Friday, but the mall market slated for Saturday has been canceled, and the Yard Waste Station will be closed this weekend as a precautionary step, she said. 

"I'm not saying we're rusty, but it's our first snowstorm (this season); we've got a great team in the city and county," Tabelski said. "Stay safe, stay home, use your generator outside and not inside, don't use stoves to keep warm, make sure you've got batteries ... don't light candles inside. We feel as prepared as we can be for one of these events."

As for feeling confident that a storm of the predicted intensity -- with quantity and speed of potential snowfalls -- Tabelski couldn't commit to that. "We just don't know," she said. But, per the popular adage, it's better to be safe than sorry.

She also wanted to extend a "thank-you" to those city, county and state employees that are out there in the middle of the night plowing and clearing roadways "so that we can live our lives" and remain safe.

Batavia City School District and all after-school activities will be closed Friday, Superintendent Jason Smith said. The Batavian will be publishing an ongoing list of closures and cancellations as they are received.

So hunker down, snuggle up, and get ready for some wintry weather to safely endure from inside.

File photo of January's snow clean-up, by Howard Owens.

Veterans three-day events begin Thursday in Genesee County

By Joanne Beck

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Events slated for, or in honor of, Veterans Day have this year expanded into a three-day schedule, beginning with a Batavia City Schools district ceremony Thursday morning at the high school, and -- new this year -- continuing with an awareness walk on the Ellicott Trail.

The ceremony at BHS, 260 State St., Batavia, is set for 8:15 a.m. and is to include music and remarks in honor of local military veterans. Local veterans have been invited by students and staff to attend the ceremony that will feature keynote speaker Assemblyman Steve Hawley. There will also be performances by the BHS orchestra, chorus and concert band.

Other presentations include a “What Does Veterans Day Mean to Me” by high school students; the retiring of colors by a Boy Scout troop, and remarks by district leadership.

Genesee-Orleans Council on Alcoholism and Substance Abuse is hosting a “Mission 22 Walk” at 2:30 p.m. that begins at DeWitt Recreation Area, follows the Ellicott Trail on the outskirts of the town, and ends at The Recovery Station on Clinton Street Road.

The Recovery Station is a program of GCASA, and this event is “an opportunity to shine a light on statistics that show that 22 veterans take their lives by suicide every day,” Recovery Station Director Harry Roscoe said in a news release.

After the walk, folks will be treated to a cookout at the Recovery Station, formerly Bohn’s restaurant near the corner of Seven Springs and Clinton Street roads in the Town of Batavia.

Friday will feature the traditional Veterans Day line-up of activities:

  • 9 a.m. Genesee County Park (VVA), 11095 Bethany Center Road, East Bethany
  • 10 a.m. Batavia Veterans Administration Medical Center, 222 Richmond Ave., Batavia
  • This will be conducted in the side patio area near Building 4. Free parking is on the side of the building. The program includes an invocation by Chaplain Alpha Sanon; the “National Anthem;” local musician Frank Panepento on trumpet; remarks from Danielle Bergman, assistant director; the Genesee County Joint Veterans Honor Guard; and a benediction by Chaplain Alpha Sanon.
  • 10:15 a.m. NYS Veterans Home
  • 11 a.m. Upton Monument, at the intersection of Main and Ellicott streets, Batavia
  • 11 a.m. Le Roy Post 576 will be hosting a ceremony at 2 Trigon Park, Le Roy
  • 11:30 a.m. Jerome Center Monument, Bank Street, Batavia
  • 1 p.m. Genesee Community College will be hosting a Veterans Day service in the William Stuart Forum, 1 College Road, Batavia

In observance of the day, Richmond Memorial Library in Batavia will be closed Thursday and Friday.

Third-day event next week

On Nov. 16, The Recovery Station will host a “Veteran Connection” gathering from 5 to 7 p.m.

Veterans from Genesee and surrounding counties will be able to network with various veteran and local service organizations and take a tour of the facility.  This is being conducted in partnership with the GOW Pathway to Hope coalitions.

For more information, call Rascoe at 585-813-6050.

File Photo of a Veterans Day ceremony in 2020, by Howard Owens.

Riccobono named county's new director of Emergency Communications

By Press Release

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Press Release


Sheriff William A. Sheron, Jr. announces the promotion of Francis A. Riccobono to Director of Emergency Communications of the Genesee County Emergency Services Dispatch Center. Director Riccobono assumed his new duties on October 29, 2022.

Director Riccobono has over 31 years of experience in Genesee County emergency dispatching services, having begun his dispatching career with the City of Batavia Police Department in 1991, and transitioning to the Genesee County consolidated dispatch center in 2008. In 2019, he was appointed Assistant Director of Emergency Communications/Operations. During his tenure, he has been awarded two Commendations.

“Director Riccobono’s vast amount of emergency services experience is a very valuable asset to Genesee County,” stated Sheriff Sheron.

Proposed air show requires some schooling, county official says

By Joanne Beck

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Making sure to clarify that he has no intentions of going to Las Vegas for a  fun three-day fling, County Highway Superintendent Tim Hens asked for the Ways & Means Committee’s blessing to attend an air show conference in December.

A trip to Nevada would include costs of the county employee’s time for the three-day event, and a registration fee of $508. Hens said he will take care of the travel and lodging expense, and he feels it’s worth the investment during the preliminary planning stage of an air show at Genesee County Airport.

“We’re not sponsoring the Air Show. We're not the ones running the air show, but our airport is hosting an air show, and I feel it's important from an operational standpoint, as well as the safety to the visitors — the people that are going to come to the air show — that the county puts on a professional face and make sure we have a safe show and limit the liability for the county as much as we can,” Hens said to the committee Wednesday. “So the two things I'm most interested in with the conference are their air show 101 and air show 102 certifications, they are classes that they put on.”

Those two certification classes are more about airplane movements and operational needs at the airport, he said, versus things like concessions and gate entry fees.

“It's more about hosting the air show than it is operating an air show,” Hens said.

The schedule also includes a first-timers orientation, crisis communications, the human side of an air show and accidents: anticipating the unimaginable, and several other topics.

The International Council of Air Shows is scheduled for Dec. 12 through 15 in Las Vegas, and it’s a combination of a convention setting where flying acts can promote themselves to air shows across the country, and a series of training for air show operators and airport personnel to learn how to host this type of event to be “safe and proper,” he said.

Legislator Shelley Stein noted the mention of a military jet team and asked what types of aircraft will be landing at the county airport. Hens said that the committee has so far discussed items including a cold war era jet, which doesn’t require as much runway and support on the ground as a modern fighter jet F 22 or 23 would require. Due to the popularity and necessary advance booking or the Thunderbirds and the Blue Angels, they won’t be in the show next year, he said.

It may be possible to borrow planes from Cleveland and Toronto and share them with other air shows during the same weekend.

“So they could get an F-35 or F-20 to fly by and do a short demonstration over the field, but they wouldn't land in our airport,” he said. “And they wouldn't require any ground activity support once on the field. It would just be a flyover from Toronto, do a 15-minute deal, and fly to Cleveland and do a 15-minute deal. And that way three air shows could share military assets.”

Those scheduling details will happen at the conference, he said, and isn’t anything the county needs to be involved with. He agreed with Legislator Marianne Clattenburg, who summarized his trip’s goal as doing what he can to protect a county asset of the airport.

“Exactly. We have invested a lot of money there. And so this has to come off without any damage or any liabilities,” he said.

Legislator Gary Maha emphasized the county’s need to not financially support the air show, and others agreed. Hens mentioned logistics, and being cognizant about providing handicap-accessible parking for those in wheelchairs or who may have difficulties with walking.

“Things that we need to think about from a facility standpoint, and protect ourselves from a trip and fall type of activity. So all that stuff gets talked about in the sessions,” he said. “The travel requests I put in simply asked for the registration fee. I'm willing on my part to get myself out there. I have a place to stay out there; that's already paid for. And airline miles, so it's not really coming out of pocket, it’s simply the time away from the office and the registration fee for the conference.”

Clattenburg wanted to confirm that Hens — since he’d be on the clock while out west — would be available for Zoom meetings or other needs, especially “regarding our water issues.” Yes, he would, Hens said.

County Manager Matt Landers believes it’s a worthwhile trip to take, he said.

“I think it's important for him to have this knowledge with us having a large-scale airshow like this coming to our community,” Landers said. “I agree with legislators. I don't think by having Tim getting this background knowledge it shows that we are sponsoring anything, just that we want to be prepared.”

The committee voted to approve the request and pass it onto the full Legislature for vote.

Hens said he’d be discussing the show with committee members later on Wednesday.

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Dennis Dunbar, director of Air Show Operations for EAA AirVenture, president of Dunbar Airshows, and event organizer for the ICAS Safety and Operations Subcommittee, has been named committee chairman for this local event, Hens said.

 

 

 

Top photo from Hens' online media account; above, Dennis Dunbar photo from Air Show Magazine.

Genesee County proposes budget with 2 percent levy increase to cover rising costs

By Joanne Beck

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A new $70 million county jail-in-progress has certainly added to Genesee County’s list of expenses for 2023 and beyond, however, there are other reasons for a proposed 2 percent tax levy increase, County Manager Matt Landers says.

An “all funds” budget of $162,567,180 is an increase of nearly $3.6 million from the current budget, with an operating budget of $124,247,459 — at a hike of $4.88 million more than the current 2022 budget, Landers said.

New jail debt service — a nearly $4 million yearly tab for the next 30 years — includes the construction, labor and materials of the new facility on Route 5 in the Town of Batavia, and eight new hires needed at the future site.

The Batavian asked Landers about prior statements made by county management about how the new jail would not impact taxpayers.
The proposed 2 percent tax levy increase includes other rising costs, Landers said.

“The debt service for the new jail was not expected to cause an increase in county property taxes, which it isn’t,” he said. “The percent levy increase in the budget is due to a number of factors, including NYS retirement cost increases, wage increases, inflationary increases on a variety of commodities utilized by the County Highway Department and some operational increases at the jail due to hiring new positions.”

Those positions include six correctional officers and a new deputy jail superintendent, two new positions at the Sheriff’s Office aimed at “improvements in public safety,” and a new public health education coordinator position (funded with increased state funding).

What is your calculation for those new positions for the jail, including salary and benefits?
Landers provided numbers for the 2023 budget year, which totals $286,047. However, that covers three correction officers effective July 1, and the other three officers and a deputy jail superintendent to begin on Oct. 1, which means salary and benefits for three to six months of 2023.

A public hearing has been set for 5:30 p.m. Wednesday in the legislative chambers at the Old Courthouse between Main and Ellicott streets, Batavia. Typical of such hearings, this will include a presentation of the budget, Landers said, “but we will welcome feedback from the public.”

“Feedback provided by the public will absolutely be taken into consideration before the Legislature adopts the final budget later this month,” he said.

A tax levy increase of 2 percent and the assessment increases for most properties will mean a decrease in the actual property tax — from $9.18 to $8.44 per $1,000 assessed value. If your property has increased, that may not translate to an overall property tax decrease. For example, a $100,000 home at $9.18 = $918, whereas a home now assessed at $120,000 at $8.44 = $1,012.80.

The county was not directly responsible for raised assessments, as each municipality conducted its own assessment process, and Landers points to the fact that county taxes will go down. But it’s worth noting the increased assessments for many folks, and how that will affect your future county tax bill.

The Batavian asked if this is likely the trend moving forward — increased tax levies to pay off the long-term debt for the jail. While he can’t say for sure about future budgets, Landers is aware of the county’s ties to “a lot of state mandates of which we have little control.”

“And when there are changes made by the state, we must react accordingly,” he said.  “The 2021 budget kept the levy flat and the 2022 budget is increasing the levy 2 percent. The County faces inflationary cost pressures like every other organization, and when inflation is running above 8 percent, it is a challenge to keep our expenses flat.

“The County hopes to generate revenue starting in the 2024 budget from boarding in inmates, which will help offset operational costs at the County Jail.”

During a recent county Legislature meeting, supervisors from Pembroke and Bergen appealed to legislators that their municipalities could use more revenue — something they felt has decreased due to a 40-year sales tax-sharing agreement between the county and city.

Why should they accept the fact that they are seeing less revenue now as the county receives more? Genesee County is sharing $10 million with towns and villages every year for the remaining term of that agreement, Landers said.

“The County has a number of countywide challenges that will need this increase as we move forward on developing solutions,” he said. “In addition to funding a $70 million dollar jail, the county is working towards a countywide broadband solution to ensure every home is connected; the county is working towards Phase 3 of the countywide water system, which carries a $150 million price tag; and we are actively working to help implement some of the solutions identified in the (Municipal Resources Inc.) study.

“With that said, the county absolutely hears the voices of our town and village leaders, and I am hopeful that we can find creative ways to have meaningful positive impacts on their municipal budgets.”

A positive step, he said, was being able to eliminate election chargebacks and reduce workers comp costs by 60 percent in the 2023 budget.

Other budget challenges include increases of more than $700,000 for state retirement costs; state mandates to fund Medicaid, Probation, the new jail, the Public Defender’s Office, assigned counsel, Social Services programs, Mental Health, Early Intervention and preschool services, he said.

With everything proposed, is it all in dire need? Is there anything the county can delay for now?
Landers emphasized that “we DO NOT incur an expense before we need to.”

In fact, county infrastructure has been neglected over the years, he said, and “we have deferred maintenance to the point we end up paying more in the long run.”

“The perfect example is the front of the old Sheriff Administration building.  We had an estimate to repair the front of the building, where large stones were literally falling off the façade, five years ago for approximately $500,000,” Landers said. “We deferred this maintenance and are now making these needed repairs for over $1 million.” 

This 2023 budget includes an ongoing commitment for increased funding by $1 million for roads and bridges, Landers said in his budget message. Deferred maintenance of these structures has gotten to a critical point, “and the cracks are showing,” evident by recent bridge closures, he said.

The proposed budget includes $2 million of unappropriated — not designated — fund balance, and in addition to the new jail, an ongoing water project is clearly on the county’s priority list.

“The county is embarking on two of the largest capital infrastructure projects in its history,” he said of the $70 million jail and $150 million water system project. “These two projects are going to weigh heavily on decisions made by the Manager’s Office and County Legislature for the foreseeable future, and is evident in the 2023 recommended county budget.”

After Wednesday’s hearing, the budget will go to the Legislature for consideration and eventual vote this month. Landers is pleased that the financial plan is under the allowable tax cap, he is also aware of its ramifications.

“I am not blind to the significant impact the proposed tax levy has on the citizens and businesses of Genesee County,” he said. “My time as county manager has only just begun, and I pledge to work with local governments, community not-for-profits, the business county and local citizens on ways to spend these precious resources as efficiently as possible.”

Click to read the entire Budget Message

No tin, but two-county health department earns gold seal this week

By Joanne Beck

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There was no tin or aluminum present when Genesee and Orleans County officials celebrated a decade-old relationship, but it might have been proper, given the description of the two-county health system.

Gifts have been tin or aluminum for such 10-year bonds, as the metals traditionally symbolize strength and resilience. 

A proclamation to commemorate the occasion did include a gold seal and description that aptly translated to those two character traits. It states that residents of both counties have “benefited fiscally and operationally,” and that staff of both health departments “worked cohesively to fill workforce gaps, provide natural redundancy, drive efficiencies and look at innovative ways to advance collaborations” since an agreement was signed on Oct. 1, 2012.

Working as integrated departments, both were able to manage the needs, surges, tests and vaccinations, plus provide updated information to the public, during those crucial times of the pandemic, it states.

Perhaps most importantly, the proclamation — signed by Genesee County Legislature Chairwoman Rochelle Stein and Orleans Legislature Chairwoman Lynne Johnson — calls on their respective citizens to celebrate by “helping our families, friends, neighbors, co-workers and leaders better understand the value of public health, and integrated services.”

In doing so, there would also be an understanding of how this connection supports "great opportunities" as officials acknowledge  "GO Health's accomplishments over these last 10 years and into the future."

The event was conducted in Genesee County’s chambers as members of Orleans County participated via Zoom.

Being able to count on such a merged relationship has meant a lot to Genesee County, Stein said.

“It is absolutely an incredible service to this community,” she said.

Photo of Genesee County Legislature and GO Health members courtesy of Steven Falitico.

Looking for a Medicare plan? Vendor fairs available for Genesee County residents

By Joanne Beck

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Medicare Advantage, Drug plan Part D, Drug plan Part D + Medigap policy, only the Medigap policy.

Confused by the options for Medicare during this open enrollment period? It runs through Dec. 7, and there is help for the thousands of people in Genesee County eligible to sign up, Genesee County Legislative Chairwoman Shelley Stein says.

Given the volume of people who may be wanting to sit down to review plans and ask questions, two staff members in the Office For the Aging cannot handle them all. Not to worry, Stein says, vendor fairs are coming to the rescue.

“There are 10,000 eligible Medicare residents in Genesee County, who all have the opportunity to enroll or re-enroll, or find a new provider for that Medicare supplement,” Stein said Wednesday. “(OFA staff) have collectively arranged for vendor fairs, and for different parts of our county. And the vendors are there, the supplemental insurance providers are there, and they have time to talk to our residents.”

She encouraged her fellow legislators to direct those with questions, comments or complaints about their Medicare coverage to attend a vendor fair.

“Each and every person in our community, those 10,000 that are eligible, they're important. And it is important that they get the right supplemental insurance to meet their own individual needs,” she said. “So, again, this is the most important time of the year for that fragile population that we have. Please encourage them to attend one of these fairs.”

There are three fairs coming up, and all of them go from 10 a.m. to 4 p.m. They are scheduled for:

  • Nov. 2 at Town of Bethany Hall, 10510 Bethany Center Road, East Bethany
  • Nov. 15 at Darien Center Fire Hall, 10537 Alleghany Road, Darien Center
  • Nov. 29 at First United Methodist Church, 8221 Lewiston Road, Batavia

Attendees should bring their Medicare card, and a list of each their prescriptions and doctors.

Representatives from local Medicare Advantage Plans will be present to assist you in understanding changes for 2023, and to help sign you up for a different plan or company if that’s what you choose to do.

Medicare specialists from the Office For the Aging will be on hand to answer any questions and to give unbiased information.

A representative from EPIC, the state Prescription Assistance Program, will be available on Nov. 29 at the Batavia location.

For anyone with disabilities or language interpretation needs, requests for reasonable accommodations should be made at least five days before your visit to a vendor.

For more information, call 585-343-1611.

File Photo of Shelley Stein by Joanne Beck.

New county jail creates more expense, 2 percent levy increase while assessments create lower tax rate

By Joanne Beck

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A budget that includes a 2 percent tax levy increase to cover jail-related costs has a silver lining for Genesee County residents, County Manager Matt Landers says.

The itemized financial plan for 2023 totals $162,567,180, and although the levy is going up, the tax rate is expected to decrease due to higher property assessments, Landers said after Wednesday’s Ways & Means meeting.

The new jail debt service and additional personnel for that facility “were the drivers” of the spending increase of just under 1 percent from this year, he said. A 2 percent levy increase will be offset by increased property assessments, so the tax rate is projected to drop from $9.18 per $1,000 assessed value to $8.44, he said.

A pubic hearing for the budget has been set for 5:30 p.m. Nov. 2 at the Old Courthouse, 7 Main St., Batavia. Landers expects to have his written budget message ready by Thursday or Friday, he said.

“I try to be short and sweet. And I'll hit on the highlights of the overall percentage increases and things like that,” he said. “And then I'll cover it in more detail with spreadsheets at the actual budget hearing.”

This and future budgets will include a $4 million yearly debt service payment for the new, 184-bed jail facility in progress on Route 5, Landers said. That hefty tab of nearly $70 million has a payback plan for the next 30 years.

“So we're stepping into the cost increases instead of getting hit all at once. In the 2023 budget, we have increased costs for the debt service, and then also some positions, and then the 2024 budget will be heavy with even more stepped up cost increases that'll happen, operational cost increases,” he said. “And then hopefully in the back end of 2024, we can start budgeting for it. We should start getting some revenue with the anticipated boarding of inmates.”

Because of the new, larger facility that will also accommodate women inmates, the county will be hiring six new correctional officers (females, in particular), a maintenance worker assigned to the new jail, and a deputy jail superintendent, he said. Another investigator position being added to the Sheriff’s Office “is long overdue,” he said.

“There's piles of investigations, and it's our commitment to try to … the sheriff wants to protect and serve and I agree with them. This is part of our efforts to provide quality service to the people that come to expect that,” he said. “So those were the drivers (of budget increases) that serve as an in-jail position.”

File photo of Genesee County Manager Matt Landers by Joanne Beck.

Genesee County receives award for comprehensive planning

By Press Release

Press release:

At the 2022 Upstate Chapter Conference of the American Planning Association (APA), the Genesee County 2050 Plan was awarded the excellence in comprehensive planning award. The award was presented by the Vice- President of the Upstate APA Chapter, Sean Maguire, to representatives of the Genesee 2050 planning team present including Legislature Chair Rochelle Stein, Planning Director Felipe Oltramari, Deputy Highway Superintendent Paul Osborn, Deputy Planning Director Erin Pence, and members of the consultant team including, Mike Kane and Jenny Mogavero of Prospect Hill Consulting, and Joy Kuebler and Eve Holberg of Joy Kuebler Landscape Architect.

Genesee 2050 offers a new perspective on comprehensive planning and includes a comprehensive plan update and recreation plan. The new plan is designed to be used as an online document and focuses less on an exhaustive inventory – which is always out of date by the time a comp plan is published anyhow – and more on what the county’s data indicators mean.

Genesee 2050 was developed in the midst of the COVID-19 pandemic and so necessitated creative solutions to gather public input. An engagement process was designed that included safe in-person gatherings, online engagement, phone and in-person interviews and extensive public and stakeholder surveys.

Genesee 2050 is written for quick reference and ongoing implementation. There are no lists of recommendations. Instead, a smaller and more general set of recommendations focuses on preparing for the future based on what has been learned from the past in each of the 10 elements. There are a very select few overarching recommendations focusing on the process and this vision and three succinct goals.

The planning process continues in 2023 and is open to all residents, landowners, businesses, or anyone interested in Genesee County. Please visit: https://www.genesee2050.com/pages/get-involved to get involved. You can provide written input or be put on a notification list of any meeting or events related to the planning process. You can also join any of the 10 focus groups that will help chart the future of Genesee County. These are:

  • Agriculture & Food
  • Arts, Culture, Parks & Recreation
  • Community Wellness
  • Economic & Workforce Development
  • Education & Government Administration 6. Housing Opportunities
  • Land Use, Environment & Placemaking 8. Technology & Utilities
  • Transportation & Mobility
  • Safety, Security & Justice 

Recycling collection's 'nasty' side shows up this year

By Joanne Beck

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Apparently, recycling has its nasty side.

At least, that’s what Recycling Administrator Peggy Grayson discovered during this year’s hazardous waste collection.

“Hopefully none of you had screaming, yelling people. We did at the County Highway Department,” said Grayson for her GLOW solid waste annual review this week. “We booked more than we normally do. And we did have long lines. But a lot of that was because of the new paint stewardship law. And we were taking latex where we wouldn’t before, and we couldn’t in the past," she said during Monday's Public Services meeting. "So our vendor had to keep anything on that list. And it’s pretty comprehensive. They had to keep that separate, and it had to be packed a certain way.

"So we kind of had lines down both sides of Cedar Street. I had to go direct traffic, because people weren’t letting people come in from Route 5 and turn left, and they weren’t taking turns," she said. "And there were some very nasty people.”

Grayson is hoping that a new arrangement for year-round drop-off sites will alleviate the high volumes during the waste collection in Genesee County every two years. The GLOW paint recycling program allows folks to dispense of up to five gallons of paint at:

  • Sherwin Williams, 16 Liberty St., Batavia
  • Crocker’s Ace Hardware, 8457 North Street Rd., Le Roy
  • Sherwin Williams at 4176 Lakeville Road, Geneseo

They are encouraged to call the site beforehand to ensure it will take the type of paint they have.

During her annual review of the GLOW Region Solid Waste Management Committee, Grayson listed the various services provided, including a farm pesticide collection program, which began in 1995 and has been conducted annually. This collection is for disposal of household chemicals, cleaning products, vehicle fluids and other similar materials.

The 2022 collection was in September in Batavia. Of the 470 participants, 268 were from Genesee County, she said. The program is funded by county contributions and an expected state Department of Environmental Conservation grant that funds half of eligible expenses.

A separate electronics collection, held one week later in Batavia and also by appointment, had an attendance of 361 people, of which 240 were from Genesee County.

“The value of these programs is in minimizing the potential contamination of area wells, streams and aquifers,” Grayson said in her report. “The 2023 household hazardous waste collection will be held in Livingston County. Because of changes to the State Electronic Recycling Law, it may not be possible to hold electronics collections in the future.”

Other efforts include an emphasis on composting, providing technical assistance to other municipalities in the region on “a variety of solid waste-related topics,” she said, and fielding calls from individuals, businesses and other entities.

“GLOW provides technical assistance to businesses, institutions and residents on an as-requested basis. These requests are normally made through GLOW’s Recycling Hotline and consist of questions on how to dispose of trash, hazardous materials or other items,” she said. “These callers are often referred to contractors and haulers in the region and/or are told about GLOW programs, such as household hazardous waste or the materials exchange programs. Staff normally fields from six or more calls per week or more, concerning household hazardous waste disposal.”

The GLOW staff currently consists of a single person, which is Grayson. GLOW’s payroll and invoicing is performed by an employee of Genesee County’s IT Department at no charge, and in the spring of 2021 three funding counties — Genesee, Livingston and Wyoming — agreed to renew an Intermunicipal Cooperation Agreement for the calendar years of 2022 and 2023.

As a result of that agreement, the Genesee County contribution was reduced from $27,000 per year to $25,805, a reduction of $1,195, or 4.4 percent. The contributions will remain at those levels in 2022 and 2023, she said.

For more information about recycling, go HERE  or click on PaintCare for details on the paint recycling program.  

A twisted arm, milestone, and rainy days all part of the job for new county jail

By Joanne Beck

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Although contractors for the new Genesee County Jail have been abiding by OSHA requirements, the construction site had an incident with one worker this past month, Carl York says.

York presented a monthly update Monday to the county’s Public Services Committee. From the large — utility infrastructure and the building’s footprint — to more minute details of cell accessories, they were being completed one by one, he said. And occasionally, accidents happen.

“A contractor twisted his arm while drilling,” said York, senior project manager for The Pike Company. “There was no doctor visit, no lost time. So we’re just treating it as a first-aid case.”

Many items on the construction to-do list have been completed by 98 percent, but some supply chain issues will cause a delay of the precast (a premade concrete form of a structural element for the building) from December of this year to January 2023, he said.

A visit to a neighboring jail facility seemed to be a validation that many aspects of Genesee County’s new jail are on track with what has worked in Greene County, he said.

“It was very informative. We learned a lot of stuff. We talked to the maintenance people about things they like and didn’t like. “But (the county’s architect) had already put most of the lessons learned into your design that the transition team had met with previously,” he said. “So it was, for us, the learning was all very positive.”

Aside from losing seven days to rain, the project is still on course for completion in spring 2024. Masonry work has been started, with about 5 percent completed, he said, and will continue until a steel shipment arrives for another phase of construction.

He showed some areas that were near completion, including a cell mock-up that his team inspected.

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“There were very, very minor quality control issues,” he said. “The biggest issues we saw were some of the sharp points that were still left on some of the stainless steel, which is the sink and toilet. And then they also found the mirrors and the grab bars,” he said. “So we were pretty thorough, running our fingers over everything just to make sure there’s not a sharp point."

He had a feeling that further inspections will cause those items with sharp points to be removed and fixed. He marveled at how smooth and shiny a steel mirror was — the reflection was like a regular mirror, he said. There was other good news as well, he said.

“We did hit one of the milestones, which is getting all of the foundations complete for the Admin Building and for the pods. So that's 100 percent complete and finished … three days ahead of schedule, so that was good,” he said.

Construction began in May next door to County Building #2 on Route 5 in the town of Batavia. The 184-bed facility has a total contractor cost of $57,272,800. A target completion date has been set for March 2024.

Go HERE for prior coverage. 

Carl York, senior project manager for The Pike Company, shows photos during the county's Public Services Committee meeting Monday at the Old Courthouse in Batavia. Photos by Joanne Beck. Editor's note: The Batavian has requested the report with photos.

Air show committee propelling closer to approval

By Joanne Beck

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A best-case scenario for the resurrected Wings Over Batavia air show is that a profit would be made, but Tim Hens will settle for a bit less.

“I would like it to be a break even,” the county highway superintendent and air show committee liaison said to county legislators Wednesday.

As promised last month, Hens returned to the hot seat and reported an estimated county expense for the event.

“Our best guess is around $12,705,” he said.

That total would be for county Sheriff’s Office deputies and Emergency Management Services staff to provide security, traffic and crowd control. The breakdown was estimated to be $5,400 for offsite traffic control; $2,055 for EMS presence; and $5,250 for pre-show preparations by highway and facilities maintenance staff.

Aside from whatever the show itself may take in from the admission price, Hens and the committee are hopeful that all of that traffic will eventually leave the airport on Saile Drive and go shopping, eating and/or taking in some local entertainment.

The county will also see increased sales tax because of the air show and related Wing Ding event held within the City of Batavia,” Hens said.

An estimated increase in sales tax proceeds during the three-day event would be from $20,000 to $40,000, he said.

“There actually would be no increased costs on our insurance policy, which was surprising to me,” he said. “We asked them to look at the airshow, there was a skydiving event as part of the history. And pyrotechnic fireworks are part of the event. There was no actual added costs, which was good news to hear.”

Ways & Means legislative members generally agreed to move forward with the event request, however, the approval of legislators Gary Maha and Chairwoman Shelley Stein included a caveat.

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"So I would move this for approval in a second," Stein said. "At the same time, I don't want this to cost the county over that $40,000, you know, I would very much like it to break even with our sales tax because I think it's going to be a great opportunity to bring this back to Batavia.

“But I think, as Gary said, we just don't want to sign a blank check," she said. "I absolutely want to be supportive of this.”

Legislators emphasized that the county was not sponsoring this event, but lending its support via a resolution and the potential costs of labor mentioned above. Wings Over Batavia LLC is forming a non-profit entity and will be the group responsible for the air show.

The request will move on to the whole Genesee County Legislature for a vote later this month.

If given final approval, the air show is tentatively scheduled for mid-September 2023. 

To view a prior Wings Over Batavia air show, check out this Youtube.com video made in 1997 by EFP Network. This was one year before the last air show took place.

Top Photo of Tim Hens from social media. 2022 File Photo of Genesee County Legislature Chairwoman Shelley Stein. Photo by Joanne Beck.

Voters -- and workers -- scarce at GC Board of Elections

By Joanne Beck

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Voting in Genesee County — two primaries this summer, plus future races for governor and president — has become more of a problem for the Board of Elections, Dick Siebert says.

Not only have workers been more scarce, but voters don’t seem to be filling the extra voting days required by the state.

“We've had two primaries, which we didn't anticipate. We had the June primary. And then we had the August primary. The turnout was extremely bad. And what we've talked about before, that's always concerning to us,” Siebert, the Republican Party representative as Board of Elections commissioner, said during Wednesday’s Ways & Means meeting. “And it disturbs both of us that there's always talk about extending early voting. Like Lorie and I have always said in other counties … we don't need more than nine days, it's more than sufficient. When you're running, you know, 10 voters a day for how many hours? It's disturbing because there's an expense to it. But we have no control over it. It is what it is. It is what we have to live with.”

The June Primary had a Democratic turnout of 12 percent, or 1,072 votes, with the Republican turnout at 17 percent, or 2,892 votes, he said. August's Primary tallied 2,358 votes for 14 percent of the eligible Republican voters. That pales to the 17,000 registered Republicans and 9,000 registered Democrats that could cast a vote. 

With the upcoming local, state and national elections, it is destined “to be a busy year for us,” he said. And given that “workers are walking away from us,” it has been an ongoing challenge to shore up staffing gaps.

Board of Elections staff has been discussing ways to entice workers — breaking up a day into shifts to avoid the long hours of 5:30 a.m. to 9:30 p.m., and promoting the job as a way to earn extra holiday money, he and the Democratic Board of Elections Commissioner Lorie Longhany said.

“We recruited eight people from those efforts,” she said. “It seems like a post-COVID phenomenon; we have people commit, and then they call and uncommit, or they don’t show up, which is a real hardship on us.”

Both major parties have been working to get the word out, they said, about the need for elections staff. Legislators asked questions about the criteria for employment. Anyone 17 and older who is a Genesee County resident and pre-registered for one of the two parties of Republican or Democrat may be qualified for the job. They just need to keep focused on the task at hand, Longhany said.

“We can’t have people disrupting a poll site. It’s not politics; it’s about a fair election,” she said, as Seibert added that “everyone that wants to vote gets a vote.”

How does the county update its list of voters? Staff monitors the list and removes those who notify the board office that they have moved, and they also review a “move list,” Longhany said. Much of that is dependent on the voter, who has responsibility for notifying the board office and registering in the new county of residence, she said. As for people who have died, “every single morning, staff go through the obituaries,” she said.

“People in this county are very fortunate; it’s very well run,” Legislator Marianne Clattenburg said.

Seibert recommended that Longhany, who lives in Le Roy, be appointed as commissioner again next year. Her term, if approved by the whole Legislature, will run from Jan. 1, 2023 to Dec. 31, 2026.

Committee members voted to forward the proposal.

Photo: Dick Siebert, Republican representative as Board of Elections commissioner, gives county legislators a department review, and recommends Lorie Longhany, Democratic representative as board commissioner, for the next three-year term.  Photo by Joanne Beck.

Boomers part of older population expected to keep growing, putting demand on services

By Joanne Beck

It’s countdown time for Genesee County’s Office For the Aging, Director Diana Fox says.

She estimates that the last of the Baby Boomers will be turning 65 by 2030, and that will mean more seniors to serve.

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“So we're within seven years now, it’s just about here with all those boomers hitting 65. So now, more than ever, I would say ongoing in terms of the services that we have, they're just so important,” Fox said Monday during her annual report to the Human Services Committee. “You know, our OFA started here in Genesee County in 1974. But they're 50 years of service across the nation. So that's really kind of cool. And we all do a lot of the same kinds of things but we’re unique to our own communities. For the most part, we're all doing home delivered meals, we do the insurance counseling, we do legal services, in-home care, caregiver supports, things like that.”

Projections of an aging population on the rise put ages 60 and older at around 16,000 people in the county, to increase to nearly 20,000 by 2035, and ages 65 and older at a close second with some 16,000 to 17,000 by that same time period. Those age groups are prime candidates for OFA services and Medicare.

Fox gets frustrated to see flyers posted that promote misleading information. Her staff visits vendor fairs quarterly to try and educate older folks and guide them toward what may be the best insurance option for them, Fox said.

“So after they've met individually, or come to a group, rather, for Medicare one on one, and get some basic information, then they can be right there in a space with all the vendors at one spot, they can make appointments individually with our staff so that they're getting the right plan for them,” she said. “And we do this every single year because of open enrollment. So there's no pressure, we don't have any skin in the game, in terms of what they choose. And you know, there have been a couple of times when I've walked by my building, that I've had to take off flyers that people have just tacked up (that state) ‘call now we can save you money.’ So just a big shout out to my staff on that, because they are really well versed, and it's what they do.”

The caseload waitlist is close to last year’s at 11 more — 101 versus 90 last year — as people wait for caregiver support for an older loved one, she said, though there are no wait lists for meal deliveries, which are at about 165 active cases right now.

Arc GLOW prepares the meals, and that fee was raised 15 percent this year, “which I actually think is not bad at all,” Fox said. In the past, prices rose only 1 percent a year, so it was understandable for the larger leap this year, she said.

“And between the cost of food, minimum wage had gone up during that time, gas … I would not be surprised if it goes up again next year at some point, I don't know what that will look like,” she said. “In terms of next year, we'll be opening up another one of the congregate group meal sites, opening that backup, and we'll most likely be adding a third day at our Batavia site … so that'll increase the number of meals that we're asking for as well. They're able to do that for congregate without an issue.”

There’s not enough staff to add to the meal delivery sites, she said, but they do try to ensure that current recipients are taken care of even in times of bad weather. Called an “emergency meal,” those are delivered to recipients at some point before the weather is predicted to get nasty so that there will be extra food in their homes for when drivers can’t get out to them, she said.

“The staff has never missed a beat, they have worked so hard to make sure nothing fell through the cracks,” she said of changes in personnel, retirements, promotions, health and family issues. “The other thing I will say with that is that the majority or half, eight people, are now having to take their civil service exams. They've been there, some of them since 2018. And I can lose everyone. So it's interesting, we have a combination of things.”

Legislator Shelley Stein asked where the safe zone was, in terms of those between retirements and new staff. What happens if all of the potential retirees leave?

“That’s a really good question,” Fox said. “Because you just hope everybody doesn't go all at once. And these are estimates. I mean, we don't really know for sure … that would be tough.”

It’s not an uncommon melody, Legislator Gordon Dibble said.

“You realize you sound just like so many other employers. Not just in government,” he said. "I mean, it's the same song. Everybody's singing the same song. Where's all the help?”

It’s a dilemma only to grow more intense, according to U.S. Census Data, which states in 2018, 16 percent — or 52 million — Americans were 65 or older. With an estimated 10,000 people turning 65 each day, by 2030, an estimated 73 million — or one in five Americans — will be 65 or older, a full 20 percent of the population.

“Four short years later, in 2034, older adults are expected to outnumber children under 18 for the first time in history. The aging population is also becoming more diverse, with the proportion of non-white older adults significantly increasing in the next several decades,” it states. “Among this rapidly growing and increasingly diverse demographic cohort, there is an overwhelming desire to age at home rather than in institutional settings.”

What will that mean in the not-too-distant future? Homecare aide availability is currently "critically low nationwide," Fox said, and demand will only rise with those increasing numbers of older Americans.

"We’re fortunate to have the state 'Unmet Needs' funds to come up with creative solutions to address the aide shortage, but it’s not going to solve the overall problem of those who truly need in-home aides to help with personal care, toileting, etc.," she said in her report. "Our state and federal associations continue to advocate for better direct care worker funding and career packaging in order to hopefully entice individuals into this workforce."

Three more Genesee County libraries are now fine-free this year

By Press Release

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Press Release

Richmond Memorial, Byron-Bergen and Haxton Memorial libraries are excited to announce they will eliminate late fees for a trial period from October 1 to December 31, 2022. They join the other Genesee County libraries – Corfu Public, Hollwedel Memorial, and Woodward Memorial libraries – that have and will continue to offer fine-free circulation.

These Nioga Library System libraries are joining public libraries nationwide that have eliminated late fees as a part of their library practice. The NIOGA trustees representing Genesee County have asked the three libraries located in Batavia, Pavilion and Oakfield to join the other three libraries that have already eliminated overdue fines.

What does going fine-free mean?
Along with the good news that overdue fines will be eliminated, there are still responsibilities for borrowers. Items belonging to the libraries in Genesee County that are checked out from Oct. 1 until Dec. 31, 2022 will not incur overdue fines, and any fines accruing or maximized to currently late or lost materials will be forgiven if returned during the trial. Other library charges for printing, replacement cards, lost and damaged materials, or unpaid fines on materials previously returned late, will still apply.

Materials will still have due dates and patrons are still expected to renew, if possible, or return materials on time. Patrons will receive two reminders to return their items if they are overdue. Materials that are 28 days overdue are assumed lost, and patrons will be charged replacement costs. Patrons with overdue materials will be blocked from library services until the items are returned, and/or bills are paid.

“The Genesee County libraries that have been fine-free have had great success with recovering lost books, and patrons with previous fines are coming back to the libraries to take advantage of our materials, programs, and services,” says Kristie Miller, a Nioga Trustee representing www.batavialibrary.org Genesee County. “This is why we have asked the other three Genesee County libraries to try a fine-free period from October to the end of December.”

Why would public libraries do this?
Because it works! In an article from "CNN," the New York Public Library reported a record number of library card sign-ups after announcing that they would be dropping all fines. Chicago Public Library indicated that they have seen an increase in the number of materials returned of almost 85 percent after going fine-free.

Anecdotal evidence from local parent groups indicates that many families avoid using the library for fear of accumulating fines and creating financial hardship during already economically trying times. Eliminating fines reduces barriers to access: many of the people that need libraries the most are often driven away by late fees and are a deterrent to returning to take part in other
programs or services.

“Some may have concerns that going fine-free will cause a deficit in the library’s operating budget. We do not collect anywhere near enough fines to significantly impact our budget. Most months, the amount of overdue fees we collect totals up to a fraction of 1% of our operating budget,” says Kim Gibson, Library Director at the Haxton Memorial Library in Oakfield. “Our goal is to keep the library as a community resource for as many people as possible, so we are eager to go fine-free,” she adds.

Those with questions can contact their local library’s director or manager!

  • Byron Bergen Public Library: Nancy Bailey (585-494-1120)
  • Corfu Public Library: Diana Reding (585-599-3321)
  • Haxton Memorial Library (Oakfield): Kim Gibson (585-948-9900)
  • Hollwedel Memorial Library (Pavilion): Josselyn Borowiec (585-584-8843)
  • Richmond Memorial Library (Batavia): Bob Conrad (585-343-9550)
  • Woodward Memorial Library (LeRoy): Betsy Halvorsen (585-768-8300)

The Nioga Library System is a non-profit cooperative library system serving the 21 public libraries in Niagara, Orleans and Genesee Counties. The system is one of 23 similar systems in New York State. More information is available on the library system’s website at www.Nioga.org.

County takes a STEP toward helping at-risk youth

By Joanne Beck

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Once STAR ended its contract, Genesee County officials opted to fill in the gap by taking a STEP toward assisting at-risk youth.

Formerly the Student Transition And Recovery program, the county’s version will be similar, with the suggested name of Student Transition and Empowerment Program, which was outlined Monday by newly hired Social Services Department Commissioner Carla Mindler.

STAR had an ongoing contract for these services, and program leaders did not renew the contract, leaving a potential void that Social Services personnel was adamant to bypass. That will involve hiring full-time adolescent behavioral specialists I and II, and a full-time adolescent behavioral coordinator.

“As a behavioral specialist, one will be working directly with the at the at-risk youth in their homes and in their schools, mentoring, guiding them, assisting them, making sure that they're properly ready for school,” Mindler said to the county’s Human Services members in the Legislative Conference Room. “So we have money in the budget already this year for this work, we have an email out to the state to find out if we develop a program of our own, can we pay that under the same funding that we paid the STAR program … But with all the vacancies we've had this year, there's plenty of money in there to cover us for the rest of the year, unfortunately, because of the vacancies, but this will not affect the 2022 budget.”

There will be calisthenics in the morning and getting work done in the afternoon; a tutor, therapists and those behavioral specialists, if approved, she said. Staff will also have some administrative duties, including documented supervision of the specialist I if the coordinator is not present, and the coordinator would be responsible for complete oversight of the program.

Legislator John Deleo saw it as putting a youth back on track versus being derailed by the absence of such a hands-on program. There can be about 40 kids at any given time, Mindler said, with a total of close to 200 going through the program. The county would be employing many of the same people that ran STAR, which offers continuity for participants, Legislator Marianne Clattenburg said.

“It’s good for the children, good for the parents and good for us,” she said.

Clattenburg had asked how the program was categorized, and Mindler said it was a preventive program, within child welfare and prevention.

“I’m so happy you picked it up, it’s so valuable,” Clattenburg said.

Once the full county Legislature votes with an expected approval, the program will be submitted to the state for final approval and details about funding. Mindler was confident the program would soon be addressing at-risk youth.

“I think we’ll be up and running to a certain extent,” Mindler said.

Each county school district that wants to participate — and most have up to now — will pay a flat rate per student, signaling each district’s investment in at-risk behavioral work. Legislative Chairwoman Shelley Stein was impressed with what’s been done so far.

“You’ve done a lot of work guys,” she said.

The Human Services Committee voted to forward on the request for a salary amendment for the Social Services Department to add on the three positions, to be effective immediately upon Legislature approval.

Since the STAR contract no longer exists, the new position salaries will have no impact on the county’s budget, the resolution states. State and federal reimbursements are expected to be from 66 percent up to 100 percent as determined by case-specific eligibility.

Photo: Social Services Department Commissioner Carla Mindler reviews a program to replace STAR, which addressed behavioral issues of at-risk youth before ceasing its contract this year. Photo by Joanne Beck.

Wings Over Batavia temporarily grounded

By Joanne Beck

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A vote to forward the proposal for a Wings Over Batavia air show was tabled Wednesday after Legislator Gary Maha questioned how much it would cost the county.

“I’m certainly in favor of it,” Maha said during the Public Service meeting at the Old Courthouse. “My concern’s as to the cost to the county … is it $10,000, $20,000, $60,000? We don’t know.”

County Highway Superintendent Tim Hens presented a brief update about the air show, and it has been progressing towards a 2023 date. A Wings Over Batavia Committee has established an LLC to accept and manage funds for the show, Hens said. Each air act would have its own insurance policy, in addition to the LLC, which would protect the county’s liability, he said.

“It has been 25 years since the county hosted an air show,” he said. "There seems to be a lot of pent-up interest in wanting it. And the city has an interest in doing the Wing Ding again.”

A former air show that ran in conjunction with the city’s downtown Wing Ding — Main Street lined with food and craft vendors — was a popular yearly event in the 1990s. Hens came on board with the county just in time for the final one in 1998, he said.

“People have said for years, why don’t we do another air show?” he said to The Batavian after the meeting. “We’ve got the right people in place that want to do it, that are willing to spend the time to plan it, and raise the money to make sure it happens. As far as what they’re asking, the cost to the county … we have a pretty rough idea of how traffic is, going in and out of the air show. It’s different now than it was in 1998. But we can work with the Sheriff’s Office and fire training folks to figure out what the cost of providing traffic control will be pretty quickly, and have it back to the Ways & Means Committee hopefully in October.”

During the meeting, Legislator Marianne Clattenburg voted to table the matter, but voiced her disagreement with the need for it.

“I’m for this. I’d move on it right now,” she said. “I think this is something that we would fully support.”

Maha countered that by stating the group is being asked to vote on unspecified data.

“But we don’t know what we’re voting on, we’re voting on a blank check,” he said.

The costs would mostly pertain to law enforcement time for security during the event, as participants and attendees are willing to pay for the show, Hens said. In the mid-90s, nearly 40,000 people would attend. Formerly affiliated with the Wings of Eagles, the air show ceased when that group moved on to another venue after 1998.

Hens said the next air show meeting is in early October, and he expects to have more details for that month’s Ways & Means members. Aside from attendance revenue, there is also the ripple effect of drawing thousands of people from other areas, Hens said. Those people rent hotel rooms, eat in restaurants and shop locally while here. The resulting sales tax is a benefit to the county, he said.

The air show would be a self-sustaining entity, with the county incurring only incidental expenses from structural items, such as law enforcement time, he said. Organizers would set up a perpetual seed fund to carry it onward annually, he said.

“Air shows are hugely popular. I mean, if you go to the air shows in Buffalo, Rochester, Niagara Falls, there are big throngs of people,” he said. “So it’s a fun event.”

Photo: Genesee County Highway Superintendent Tim Hens, right, discusses a potential air show next year at Genesee County Airport during Wednesday's Public Services Committee meeting. Photo by Joanne Beck.

Concealed Carry revisions are no improvement, county 'vehemently' opposes

By Joanne Beck

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

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

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

Fellow legislators Marianne Clattenburg and John Deleo agreed.

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

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

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

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

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

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

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

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

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

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

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

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

To read the full law, go to Concealed Carry.

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

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