news

Press release:

“The 11th hour of the 11th day of the 11th month...”

The American Legion Botts-Fiorito Post #576 in Le Roy will observe the annual Veterans Day program as per custom on Wednesday, Nov. 11th at 11 a.m. at the Trigon Memorial Park.

Personnel will assemble at 10:45 at the Trigon Park Soldiers Monument, with the program beginning at 11 a.m. sharp!

Highlights of the program will include readings by Post Commander David Rumsey and Auxiliary President Chris Stewart that will commemorate the significance of the day. This will be followed by a remembrance prayer offered by Chaplain Gary Bassett.

The ceremony will conclude by a placement of the wreath on the Memorial, a volley by the Post Firing Squad and playing of “Taps."

Immediately following the formal ceremony, all are invited to the American Legion hall for refreshments. It is located at 53 W. Main St. in the Village of Le Roy.

UPDATED today, Oct. 30, 2:57 p.m.: Please note that per Gov. Andrew Cuomo's Executive Orders, gathering restrictions are still limited to 50 people. In addition masking and social distancing requirements will be adhered to.

********************************************************************

A Reminder: There is a Difference!

• Armed Forces Day -- The third Saturday of each May -- honors those serving.
• Memorial Day -- The last Monday of each May -- remembers those who died while serving.
• Veterans Day -- The 11th day of each November -- honors those who served.

Press release:

The Genesee County Economic Development Center Board of Directors formally adopted a Phase 1 Housing Policy at the agency’s meeting on Oct. 29. The Phase 1 policy establishes incentives and criteria for multifamily rental/market-rate and multifamily rental/affordable housing projects.

The Phase 1 Housing Policy is the result of the findings from a study and assessment of Genesee County’s housing stock conducted by LaBella Associates in 2018 and an economic development strategic assessment of Genesee County conducted by the Rockefeller Institute of Government in 2019.

Among the key findings of both assessments:

• Genesee County has an extremely aged housing stock with an average median age of 73+ years;
• There is a marketplace demand demand/need for approximately 4,800 new housing units, market-rate apartments, and owner-occupied units $100,000+;
• Grants and/or incentives should be provided to promote new housing construction;
• Incentives should be created to spur investment in the housing stock.
• Failure to meet market housing demand will negatively impact economic development, including potential out-migration of current residents.

“I want to thank and acknowledge the great work of the members of the GCEDC Housing Committee, including our Housing Committee Chair Paul Battaglia that took a methodical approach in developing this policy,” said GCEDC President and CEO Steve Hyde. “It is irrefutable that there is a demand in the marketplace for new housing and if we do not address the supply there will be negative economic impacts.”

The GCEDC Phase 1 Housing Policy would offer property tax exemptions for new construction and/or rehabilitation of multifamily rental market rate and affordable housing projects; sales tax exemptions for the purchase of construction materials, equipment rentals and purchases; and mortgage tax exemptions. These are the typical incentives available through the GCEDC for projects across the county.

“The members of the Housing Committee and the GCEDC Board recognize that housing is an integral part of economic development, including the demand among employers who are concerned about being able to attract new workers as they expand their operations because of a lack of quality housing near their workplaces,” Battaglia said.

“We are confident in the review by our legal counsel that we can begin to offer these incentives to developers to improve the County’s housing stock and we are excited about moving forward to get some projects started.”

David J. Saleh, well-known attorney, judge and community volunteer, died on Thursday after a short battle with brain cancer, leaving behind many heartbroken colleagues and friends. He was 67 years old.

“As my former partner (with Oshlag, Saleh & Earl), Dave was an excellent attorney in all areas of the law, and especially liked the challenge of criminal law and criminal trials,” said Kevin Earl, current Genesee County attorney, as he fought back the tears. “More importantly, he was an outstanding human being – very involved in his community through civic activities.”

Saleh lived in the Village of Corfu for many years before relocating to the city in 2013. Last December, he was appointed as part-time City Court judge, filling the vacancy created by former part-time Justice Durin Rogers’ election to the full-time post.

Both Rogers and Paula L. Feroleto, administrative judge of the Eighth Judicial District in Buffalo, expressed their sadness at Saleh’s passing.

“The City of Batavia and our community have experienced a great loss,” Rogers said. “I will very much miss my friend and colleague Judge David Saleh. Judge Saleh had a passion for the law and was highly regarded by his friends and colleagues on the bench and bar.

“He strove to be just and compassionate, treating people who came before him with fairness. I learned from him both as an attorney and a judge. My thoughts and prayers are with his family.”

Feroleto said that the “judges and nonjudicial employees at Batavia City Court and the Genesee County Courthouse will very much miss Judge Saleh.”

“During his brief tenure as a Batavia City Court Judge, he was a diligent, hard-working jurist,” she said. “He enjoyed a reputation of being kind to the staff at the court. Despite experiencing personal health challenges, he continued his work on the bench to serve the public in the midst of the COVID-19 pandemic. He was a consummate professional and will be missed by the Court.”

Prior to accepting the city judge position, Saleh served as the City of Batavia Republican Committee chair.

“Dave was just a great asset to this community, and not only respected by Republicans, but also by many of our Democratic friends,” said Richard Siebert, chairman of the Genesee County Republican Party. “He was so dedicated – fund raising for the party and instrumental in getting great candidates for the City of Batavia.”

Siebert said he was impressed by Saleh’s dedication to any cause that he supported.

“He was so active. Some people get in and then get out, but when Dave got into something, he stuck with it,” said Siebert, also mentioning that Saleh was a well-respected attorney and served as party chairman for the Town of Batavia for many years.

Saleh had been a lawyer for more than 40 years, with experience in various disciplines, including being both a defense attorney and prosecutor as well as practicing corporate and municipal law.

Saleh, vice president/general counsel for Inlighten Inc., of Clarence, also was involved in several community and civic organizations, including president of the Batavia Lions Club and was recognized for his volunteer efforts to support the residents of Corfu.

In September, he was honored by the Village of Corfu with the dedication of a new bench at the village hall.

As indicated in a story on The Batavian, Saleh used his legal expertise to help the village and the volunteer fire department. In 1995, he helped lead the effort to create a fire district to support the department and relieve the village of the expense. He's volunteered with the department for more than 40 years.

Three months earlier, Corfu volunteer firefighters supported Saleh in his fight against cancer by conducting a parade past his home and showing off their new fire engine tanker.

Telephone calls to Corfu Mayor Tom Sargent for comment on Saleh’s passing were not returned at the time of the posting of this story.

Saleh is survived by his wife, Elizabeth, and four children. His obituary can be found by clicking on the Obituaries tab at the top of this page.

Press Release:

The Genesee County STOP-DWI coordinator announced that the Genesee County Sheriff’s Office and the Village of Le Roy Police Department are participating in the special enforcement effort to crackdown on impaired driving.

Halloween is meant to be scary, but not when it comes to driving. When it comes to drunk driving, Halloween can turn the roads into a horror fest. While we spend time trick-or-treating and hosting parties with our loved ones, law enforcement officers across New York State are taking to the roads in an effort to stop impaired driving, prevent injuries and save lives.

The statewide STOP-DWI Crackdown efforts starts today, Oct. 30, and will end on Sunday, Nov. 1. State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. 

The STOP-DWI Halloween Weekend Crackdown is one of many statewide enforcement initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Throughout the remainder of the year. the Statewide STOP-DWI Crackdown Campaign will also target Thanksgiving and the national holiday season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. 

You can help to make a difference by having a sober plan. Download the mobile app – “Have a Plan” -- and you will always be able to find a safe ride home www.stopdwi.org/mobileapp Impaired driving is completely preventable. All it takes is a little planning. Have a safe and happy Halloween Weekend.

Turnout during early voting has been much higher than anticipated, said Election Commissioner Lorie Longhany.

More than 10 percent of Genesee County's 40,567 registered voters have shown up at the polling station inside County Building #2 on West Main Street, she said.

There isn't yet available a breakdown of how many voters from each party of turned out so far.

A poll worker told us yesterday that voters seem to like the early voting option and Longhany said that's the feedback she's been hearing.

"Yes, it does seem to be very popular and even when there is a line, the voters seem to be patient and courteous," Longhany said.

The Village of Corfu and Better Corfu Committee will be having an Autumn in the Village event from 2 to 6 p.m. on Halloween -- Saturday, Oct. 31^st.

Tarot card readings, paintings, handmade items by several local artists. And of course, trick-or-treating, which will start at 5 p.m. There will be a spooky Haunted House at 44 Alleghany Road.

Walk around the village and see the scarecrows. There will be a Story Walk at the Corfu Free Library.

Visit the Village of Corfu website for more details.

Food by Center Street Smoke House BBQ, Dubby’s Wood Fired Pizza and Dilcher’s snacks and more.

All are welcome to this fun and safe autumn event!

Public Notice

NOTICE IS HEREBY GIVEN, That the Genesee County Legislature will meet at the Genesee County Old Courthouse, 7 Main St., Batavia, New York on Wednesday, November 4, 2020 at 6 p.m. for the purpose of holding a Public Hearing on the Tentative Genesee County Budget for 2021.

Further Notice is hereby given that a copy of said Tentative Budget will be available in the Office of the Clerk of the Legislature, 7 Main St., Batavia, New York where it may be inspected by any interested person.

Pursuant to Section 359 of the County Law, the maximum salaries that may be fixed and payable during said fiscal year to members of the Genesee County Legislature and to the Chair, thereof, are hereby specified as follows:

Members of the Legislature $12,606 each

Chair of the Legislature $16,835

Pamela LaGrou, Clerk
Genesee County Legislature
Oct. 29, 2020

Glennder J. Velez, 24, of Moulson Street, Rochester, is charged with: felony driving while intoxicated -- with a BAC greater than .08 percent; felony DWI -- common law; aggravated unlicensed operation in the first degree; driving in the wrong direction on a one-way street; operating a motor vehicle without an ignition interlock device. Velez was arrested at 8:14 p.m. on Oct. 23 on North Spruce Street in the city following a traffic stop. He was processed by Batavia police and is due in Batavia City Court on Jan. 6. The case was handled by Batavia Police Officer Cowen Mitchell, assisted by Officer Adam Tucker.

Joel Morales Cruz, 46, of Swan Street, Batavia is charged with: speeding; illegal turn signal -- made less than 100 feet from turn; failure to notify a change of home address; driving while intoxicated -- first offense; and operation of a motor vehicle while having a BAC of .08 percent or more. Batavia Police Officer Nicole McGinnis stopped Morales Cruz for allegedly speeding on Oak Street in Batavia at 4:38 a.m. Oct. 25. He was put through field sobriety tests, resulting in his arrested. He was processed then released with an appearance ticket for Jan. 26 in Batavia City Court. Batavia Police Officer Connor Borchert assisted in the case.

Russell J. Hamilton, 30, of Myrtle Street, Le Roy, was arrested and charged with second-degree criminal contempt on Oct. 26. The arrest follows an investigation of a violation of an order of protection that occurred at 1:19 p.m. on Oct. 21, when Hamilton allegedly sent the protected party a text message. He was released with an appearance ticket returnable to Batavia City Court on Jan. 26. Batavia Police Officer Sean Wilson handled the case.

Donald V. Notaro Jr., 22, of Deumant Terrace, Tonawanda, is charged with operating a motor vehicle while impaired by drugs -- first offense, and operating a motor vehicle with an inadequate headlight. Notaro was arrested after a traffic stop on East Main Street in Batavia at 11:45 p.m. on July 3. He was processed at Batavia Police Department and issued traffic tickets to be in Batavia City Court on Jan. 26. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Joshua Girvin.

Russell J. Hamilton, 30, of Myrtle Street, Le Roy, is charged with second-degree criminal contempt. At 4:58 p.m. on Oct. 26, Hamilton was arrested after an investigation allegedly revealed he violated a stay away order of protection by being at the the protected person's home on Dellinger Avenue in Batavia. He was arraigned in Batavia City Court and put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Jamie L. Soto, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt. Soto was arrested at 3:19 p.m. on Oct. 25 after an investigation revealed Soto violated a stay away order of protection by allegedly having physical contact with the protected party. Soto was arraigned in Batavia City Court and jailed without bail. The case was handled by Batavia Police Officer John Gombos, assisted by Sgt. Dan Coffey.

Rosemary R. Waters, 34, of East Main Street, Batavia, is charged with having an unregistered motor vehicle and driving while ability impaired by drugs. Waters was arrested on Dellinger Avenue in the City of Batavia at 3:23 a.m. on Aug. 17. She is due in Batavia City Court on Jan. 20. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Jose Garcia, 35, of South Main Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested after an investigation of an incident that occurred at 10:19 a.m. on Oct. 23 on South Main Street. Garcia is accused of kicking and damaging the front door of a residence. He was issued an appearance ticket then released. He is due in Batavia City Court on Nov. 10. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Kevin DeFelice.

Brandon C. Dodd, 33, of Highland Park, Batavia, is accused of petit larceny. He was arrested Oct. 23 following an investigation of a larceny that occurred at 2:56 p.m. on Oct. 19 at Tops Friendly Market in Batavia. Dodd was released with an appearance ticket for Jan. 12 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Freeman Samuel.

Press release:

Congressman Chris Jacobs (NY-27) held a press conference this morning to highlight the critical need for additional state and local COVID-19 relief funding. He was joined by NYS Senate Minority Leader Rob Ortt, Assemblyman Mike Norris, Niagara County Legislature Chair Rebecca Wydysh, and Orleans County Legislature Chair Lynne Johnston. 

"Our small rural governments are struggling and facing severe cuts to first responders, education, hospitals, and other critical services unless additional aid is provided to them," Jacobs said.

"I am working tirelessly to ensure they are supported, and that is why I proudly cosponsored the SMART Act to deliver $500 billion in relief, specifically $161 billion to county and municipal governments that have been hardest hit by COVID-19 revenue loss and expenses."

"The state's Division of Budget is currently withholding 3 billion dollars in COVID-19 recovery funds, a third of which could be immediately distributed to the smaller counties of our state that did not receive assistance previously," Ortt said.

"By releasing this funding, the Governor could provide much-needed support to our counties, towns, villages, and cities, these counties and municipalities that are struggling to maintain vital services due to the economic impacts of the COVID pandemic." 

“I commend Congressman Jacobs for supporting the SMART Act to assist municipalities recover during COVID-19," Assemblyman Norris said. "It is very important that this proposal gets enacted to assist counties like Niagara and Orleans to directly receive funding to help taxpayers and small businesses rebuild."

"The pandemic has wreaked havoc on the local economies of all counties across New York State, large and small, and as such, all counties should have received a share of CARES Act dollars,” Wydysh said. "We do not begrudge the fact that Erie County received funding, and quite frankly, they have done some great things like grants to small businesses that we would emulate.

"That is why I join with Congressman Jacobs and my colleagues in calling on New York State to release CARES dollars that are still sitting in Albany to counties like Niagara that so far have received nothing."

"I am calling on Governor Cuomo to release CARES Act funds to our rural counties. Each day that he stalls forces smaller counties to make difficult decisions," Johnson said.

In NY-27, Monroe County and Erie County received CARES Act funding because they met the population threshold of over 500,000 residents. With this funding these counties were able to launch programs to aid towns and small businesses.

Meanwhile, smaller counties, including Orleans and Niagara, have received little to no funding. The SMART Act would send one-third of the $500 billion ($161 billion) directly to local governments based on revenue loss, population size, and COVID-19 caseload.

There are now 30 active cases in Genesee County. The highest recorded total since April 15, when there were 32 active cases.

Press release:

New Cases – As of 2 p.m.

• Genesee County received 12 new positive cases of COVID-19.
  • The new positive cases reside in Darien, Elba, Le Roy, Pavilion, and Oakfield.
  • The individuals are in their 0-19s (1), 20s (4), 30s (2), 40s (1), 50s (3), and 60s (1).
  • Five of the individuals were on mandatory quarantine prior to testing positive.
  • Three of the positive individuals are hospitalized.
• Orleans County received one new positive case of COVID-19.
  • The new positive case resides in Yates.
  • The individuals are in their 60s.
  • The individual was not on mandatory quarantine prior to testing positive.
  • Eighteen new individuals are on precautionary quarantine due to travel from restricted states.
  • Three of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the positive individuals is hospitalized.
  • Orleans County was informed today, Oct. 28, that a staff member of Lyndonville Central School District has tested positive for COVID-19. Last day the staff member was in the school was Friday, Oct. 23. All contacts have been identified and have been placed under mandatory quarantine.

Press release:

I am sincerely humbled by the endorsement of the Genesee County Sheriff's Office Administrative staff. I thank them for their support of reelection to Sheriff of Genesee County and for their complete dedication to the citizens of Genesee County.

I am truly blessed to be surrounded by such true professionals that consistently go above and beyond to meet the demands associated with the administration of the Sheriff's Office.

Thank you from the bottom of my heart.

~Sheriff Bill Sheron

********************************************************************

Dear Genesee County Residents,

The current Genesee County Sheriff’s Office administrative staff offer this letter in support of the reelection of Sheriff William A. Sheron Jr. Sheriff Sheron is a steadfast leader who demonstrates the values consistent with the type of Sheriff that Genesee County deserves. He is a man of honesty and integrity and is representative of the quality of the individuals that make up the Genesee County Sheriff’s Office. Sheriff Sheron sets an expectation consisting of the highest standards in order to maintain the Genesee County Sheriff’s Office reputation of professionalism and respected service to the community.

Sheriff Sheron has dedicated his entire professional 43-year career to the citizens of Genesee County and has served in numerous roles within the Sheriff’s Office. This experience provides invaluable insight into the many facets of operations within the Sheriff’s Office, and also offers the experience of earning a true and genuine appreciation for the work performed each day by every individual at the Sheriff’s Office.

Sheriff Sheron’s experience is unquestionable and when difficult decisions need to be made, we know him to be a person of reason. He is open to differing opinions for consideration and discussion in an effort toward a sound resolution.

Sheriff Sheron carefully selected Bradley D. Mazur to serve as his Undersheriff. Undersheriff Mazur is a person of humility and uncompromising character who offers a 21-year career of consistent police work as a foundation for his work ethic and reputation. He holds a Master of Science Degree in Criminal Justice Administration and is very well-respected in the community. We know Undersheriff Mazur to be a thoughtful, rational leader who has assumed the role of Undersheriff promoting a fair standard.

During a time when the issue of trust has come into question in law enforcement, the dignity and integrity of each member of the Sheriff’s Office has never been more important. As members of the administrative team, both Sheriff Sheron and Undersheriff Mazur have earned our trust and proven themselves as the most-qualified candidates for the roles of Sheriff and Undersheriff of Genesee County.  

Please join us in support of Sheriff Sheron and Undersheriff Mazur in this year’s election. Each vote will make a difference.

Respectfully submitted,

Chief Deputy Joseph M. Graff

Chief Deputy Brian M. Frieday

Jail Superintendent William A. Zipfel

Confidential Secretary Carolyn A. Della Penna

Director of Emergency Communications Steven C. Sharpe

Assistant Director of Emergency Communications/Operations Francis A. Riccobono

Photos and Story by Tom Rivers/Orleans Hub

The water tank that has been a part of the Elba landscape since 1934 came down just after 1 p.m. Tuesday. The standpipe held about 300,000 gallons of water.

It has been replaced by a new 750,000-gallon water tank that serves the village and also a growing water system throughout the town. (Elba has sent the construction of phase 7 of its town-wide water district out to bid.)

The water tank landed with a loud thud and unleashed a lot of mud, including several chunks that hit the Orleans Hub editor.

Iseler Demolition of Port Hope, Mich. brought a team of welders to take apart the tank. Iseler cut out sections on the bottom of one side of the tank, the same method used to cut down a tree.

Once an opening was cut out at the bottom of the tank, Iseler cut loose the last bolt used to help hold down the tank. The standpipe seemed to groan and then toppled over.

Iseler employees then went to work cutting the tank into pieces. Most of it will be recycled. Some small pieces will given to people in the village and town officials and people who worked on the project.

Elba Town Supervisor Donna Hynes was given the plaque on the tank on Monday, which noted when it was constructed. She has the plaque at the Town Hall right now.

Elba Mayor Norm Itjen said the water tower has been standing his entire life and the entire lives of most local residents. The structure, which was about 80 feet high, could be seen several miles away down Route 98 from Batavia.

Itjen said he is pleased the community has upgraded its water system with new waterlines, a new water tank, and a different water provider. Elba was using a well off Barrville Road. Elba switched to the Genesee County water system about two years ago with the water coming from the City of Batavia.

Itjen said the community has better water quality and the new water lines and water tower have boosted water pressure by about 10 to 15 pounds for most water customers.

Before the upgrades, the village Department of Public Works was frequently called into duty to fix leaking water lines.

The welders go to work taking the water tank apart.

Iseler expects to have the tank gone on Wednesday.

Here is how the two water tanks looked at about noon, about an hour before the standpipe was taken down.

After 23 years in law enforcement, Investigator Chris Parker hung up his badge today and was given a salute send-off by his fellow deputies along with troopers and Batavia police officers as he walked out of the Sheriff's Office.

Mike O'Reilly lives in Queens, a borough of New York City that most in Western New York think of as a liberal bastion. Yes, a Trump bumper sticker on your car will result in insults and raised fingers but there's more support there for Trump than you might think, O'Reilly said today standing next to his private plane wrapped to express his support for the president's reelection.

JBRGraphfx, of Churchville, wrapped the plane while it was the Genesee County Airport and O'Reilly has been on a tour of New York trying to do his part to flip the state from blue to red.

"I’m flying around the state," O'Reilly said. "I’m flying to as many airports as I can. I wanted to go to all of the airports but with the weather, I’m hoping to get 12 to 15 stops. The media coverage has been great and people are getting excited. The whole idea is to get people to vote and not just Republicans, not just independents, not conservatives but Democrats because I believe that the Main Street Democrats, they’re not going for all of this looney, left-liberal stuff.

"They not going for doing away with securing our borders and law enforcement, defunding police. Democrats don’t want this. They want what Trump has to offer. They want a strong economy. They want good jobs. They want to be able to support their family. They want safe streets, good schools. That’s what Trump is offering and that’s my real appeal — Democrats in New York, come out and vote for Trump. It’s OK."

Photo: Mike O'Reilly, and Tim Jessop and Devin Jessop of JBRGraphx.

Genesee County and Randsco Pipeline Inc., have agreed to put their quarrels on the back burner in order to proceed with a key segment of the county’s Phase 2 Water Supply project, a multimillion venture that is vital to supplying water to residential and commercial users.

The Genesee County Legislature this afternoon voted in favor of a late addition to its meeting agenda – a resolution to approve Work Change Directive No. 1 that directs the water and wastewater pipeline installation company “to promptly complete the work as specified in the (directive) by the completion dates (previously set forth).”

County Attorney Kevin Earl called what amounts to a ceasefire as “very positive because the county needs this portion of the project to proceed so that the rest of the project can be completed, with the ultimate goal of bringing more water to Genesee County.”

“This change directive was approved by the county and also was approved by Randsco’s attorney, so that means that Randsco is going to move forward with its portion of the project and both sides are going to reserve their rights to all issues,” he said. “Disputes regarding money or any other matters will be addressed afterwards.”

Edward Kowalewski Jr., attorney with Hodgson Russ LLP of Buffalo, drafted Work Change Directive No. 1, and it subsequently was reviewed and approved by County Highway Superintendent Tim Hens, Earl and Clark Patterson Lee, the Rochester engineering firm representing Genesee County on the water project.

Randsco Pipeline has contracted with the county to connect water main in the North Road and Vallance Road areas in the Town of Le Roy under the I-90 Thruway as part of the county’s Phase 2 Water Supply Project.

Last Wednesday, the legislature’s Ways & Means Committee passed a resolution authorizing Legislature Chair Rochelle Stein to sign an engagement letter with Hodgson Russ to provide legal advice concerning “serious disputes” with the contractor at the rate of up to $305 per hour.

Today’s action reopens the door for Randsco to resume the contracted work authorized by the legislature.

“This is good news,” Stein said.

The Batavian previously reported that the legislature approved a change to a contract with Randsco Pipeline, adding $125,000 to a pact for the installation of reinforcing sleeves on five tangential tee connections along the transmission main on North Road in the Town of Le Roy.

The modification raised the total contract amount to approximately $5.6 million.

Hens said that the change order related to the reinforcement of five tangential tees or hydrant assemblies off the 36-inch water main on North Road and to prevent any future leaks at the tees due to settlement or car accidents involving hydrants.

Randsco Pipeline’s work is part of a $23.5 million project that will add 2.4 million gallons per day to the county’s water supply from Monroe County Water Authority sources, essentially doubling the current output of 2.5 million gallons per day.

On Tuesday, Hens issued a media release, stating that water main work will be resuming on North Road between Conlon Road and Route 19 in the Town of Le Roy.

The road will be open to traffic, but there will be lane closures and temporary delays starting at 7:30 a.m. through 5 p.m. each day for the remainder of the week.

Press release:

On Oct. 6, Governor Andrew Cuomo announced a new cluster action initiative to address COVID-19 hotspots that have or may be identified in certain areas of New York.

“Under the Governor’s initiative to prevent cluster activity it is important to understand the detrimental impact having a cluster can have on our counties,” said Rochelle Stein, Genesee County Legislative Chair. “Currently, neither Genesee nor Orleans counties have any such clusters/hotspots.”

We can take simple steps to continue our low positivity rates going forward.

According to the Governor’s release, the State has developed a science-based approach to contain these clusters and contain any further spread of the virus, including new rules and restrictions directly targeted to areas with the highest concentration of COVID-19 cases and the surrounding areas.

• Under Executive Order 202.68, certain actives in cluster zones are restricted, and any permitted activities in such zones (Red, Orange, Yellow), must be conducted in strict adherence to Department of Health guidance.
• For more information go to the Empire State Development guidance and the New York Forward website for updated information on locations of and operating restrictions within the clusters.

The Cluster Initiative will take the most significant action within the cluster (Red Zone), moderate action in the area surrounding the cluster to stop the spread (Orange Zone), and precautionary action in the outlying communities (Yellow Zone). Fines for the sponsors of mass gatherings in violation of state public health rules will be increased to $15,000. To see the restrictions within the clusters click here.

“As we continue to move forward through this pandemic and begin to see an increase in both testing and positive cases, we can expect to see changes in the cluster hotspots. Generally the zones are identified as a hotspot for a period of 14 days, but that is also subject to change if the hotspot doesn’t show improvement during that time,” said Paul Pettit, director of Genesee and Orleans County Health departments.

GO Health continues to remind our residents of the relevant Executive Orders and Public Health Laws to:

• Limit gatherings, (the state maintains no more than 50 at any nonessential gatherings, fines may be levied to those ignoring this order);
• Properly wearing mask/face coverings (nose and mouth covered) whenever in public indoors and outdoors, especially when physical distancing is difficult to maintain;
• Frequently wash hands for at least 20 seconds with soap and water or use hand sanitizer (that contains at least 60 percent alcohol) if soap and water are not readily available;
• Consider alternatives to family and friend gatherings to decrease the risk of spreading the virus.
• With the impending flu season, it is also important to get this year’s flu vaccine to help lower the risk of being hospitalized with serious complications of the flu.
• As always, if you are experiencing any COVID-19 or flu symptoms – STAY HOME!

Symptoms for both COVID-19 (may appear 2-14 days after exposure to the virus) and the flu (generally sudden onset) can be similar and may include any of the following: fever or chills; cough; shortness of breath or difficulty breathing; fatigue; muscle or body aches; headache; new loss of taste or smell (COVID-19); sore throat; congestion or runny nose, nausea or vomiting, diarrhea. Talk with your primary care provider before going to the office.

If you are experiencing difficulty breathing, persistent pain or pressure in the chest, new confusion, inability to wake or stay awake, and/or have bluish lips or face, seek emergency care immediately.

“We all want this to be over, but it will take time,” said Lynne Johnson, Orleans County legislative chair. “We can get through this together if we take care of our health, limit contact with nonhousehold members and be respectful and wear a mask/face covering when in public.”

Press release:

Washington, D.C. – Congressman Chris Jacobs (NY-27) has introduced and cosponsored a series of bills to strengthen the economy andnational security by taking on the Chinese Communist Party (CCP) and the People's Republic of China (PRC) on multiple fronts. Many of the bills were part of House Republicans’ China Task Force Report, which contains more than 400 recommendations to address the threat of China to the United States.

"China presents a clear threat to the strategic interest of the United States both at home and overseas, and we must act now to protect our economy and national security," Jacobs said.

"The CCP’s manipulative actions have made it clear they are not responsible members of the international community. This critical legislation I am supporting holds the CCP accountable, provides greater protections for Americans, and ensures we develop a strong economic position through advanced manufacturing."

The bill Rep. Jacobs introduced was the No Small Business Aid for China Act. This legislation would prohibit the Small Business Administration from providing aid, counsel or assistance to a small business with significant ties to China.

“My legislation ensures that American government assistance is used to support American small businesses," Jacobs said. "As we defeat the COVID-19 pandemic, my priority is a strong American economic comeback. That means ensuring money benefits domestic companies that need it most."

Furthermore, Rep. Jacobs cosponsored several other pieces of legislation:

• H.R. 8238 – AIM Act – Establishes an intelligence office within the U.S. Department of Agriculture to counteract Chinese efforts to steal American agricultural technology and to evaluate threats to American agriculture.
• H.R. 12 – The China Task Force Act – This is a comprehensive package of 137 pieces of legislation designed to protect American universities and intellectual property, bolster American manufacturing, and hold China accountable for their cover-up in response to COVID-19.

Highlights of the China Task Force Act:

• H.R. 6421 Li Wenliang Global Public Health Accountability Act of 2020 – allows the President to impose sanctions on foreign individuals and entities involved in deliberate acts to conceal or distort information about a public health emergency of international concern, including COVID-19. 
• H.R. 7178 – CHIPS for America Act – would establish investments and incentives to support U.S. semiconductor supply manufacturing research and development and supply chain security.

"I, once again, commend the hard work and dedication of the China Task Force for delivering a comprehensive report on the threat of China," Jacobs said. "Bringing back good-paying American jobs, protecting our economy and agriculture, and holding the Chinese Communist Party accountable for devastation of the COVID-19 pandemic should be top priorities for Congress. I will keep fighting with my colleagues to implement these vital policies."

Press release from Mark Glogowski, Ph.D., Libertarian candidate, 139^thAssembly District

Dear Residents of the 139^thAssembly District:

The Democrats and Republicans may be right! This may be the most important election year of your life -- but not because one of the two major parties will win. You are about to lose another of your constitutional rights -- your ability to form an independent political third party. 

Legislation was passed unconstitutionally earlier this year in the budget and much of that legislation itself is being challenged as unconstitutional.

The last section of the Governor’s budget (S7508B/A9508B, part ZZZ) threatens the very existence of the current political third parties. That legislation raises the bar for recognition so high that Independent Nominating Bodies (INBs) (third parties in the making) are unlikely to ever be able to get their candidates on to the ballot in NYS. The INBs were required to collect three times more petition signatures than the Democrats and Republicans and now are required to collect nine times the number of signatures. Since the population in New York State has been essentially flat since 1965, what is their justification for raising these requirements? 

This legislation is deliberate and is intended to eliminate current political third parties as well as all INB attempts to place candidates on the ballot. The Democrats and Republicans want political third parties gone. Why? Because, they just created a new taxpayer funded campaign slush fund. That fund will supply to both the Democratic and Republican parties over $125 million each for their candidates and they don’t want political third parties or INB’s to dip into “their” taxpayer funded political slush fund. For the details, read the two articles on “Legislative Tyranny” on my website.

When one considers that 1) many legislative bills are unconstitutional, 2) incumbent legislators used an unconstitutional process to increase their salaries, 3) this year legislators walked away from their responsibility to legislate and unconstitutionally gave their legislative powers and responsibilities to the Governor, and 4) elected officials used their legislative powers to eradicate their political competition and reap the benefit of an enormous slush fund themselves, why would anyone even consider rewarding an incumbent with reelection? Demonstrating their willingness to ignore the NYS Constitution -- not one incumbent deserves to be reelected. 

Our society slid down the slippery slope and is now imbedded in tyranny quicksand. You have witnessed, and probably felt the consequences of the government tyranny -- civil unrest, financial hardship. While you still can, vote for people in a political party who will not trade your rights for government benefits. Cast your vote for liberty. Vote Libertarian and help end the tyranny. 

I will work to restore county representation in the Assembly, will oppose the creation of a regional government being inserted between county and the State governments (a proposal my opponent cosponsored), will work to promote legislation that encourages homeschooling, will work to eliminate state mandates, and will work to get government to comply with the Second Amendment prohibition and restore your Ninth and 10^th Amendment rights to defend yourself and your family. 

This year, vote Libertarian.

(To reregister to vote or to change your party affiliation click on this link:  https://voterreg.dmv.ny.gov/motorvoter/)

Press release from Genesee County Manager Matt Landers:

As the Genesee County Manager, I am pleased to present the 2021 recommended budget. This budget will fund the County government in an efficient and responsible manner. The recommended budget stays under the NYS tax cap, while covering the lengthy number of expensive mandates of which we have little to no control.

Assembling a budget in the middle of a pandemic with uncertainties all around has certainly been a challenge, but the staff from the Manager’s Office, Treasurer’s Office, Legislative Office, and Human Resources Department all came together to help me deliver my first recommended budget as County Manager. These core central departments were instrumental in me being able to deliver a budget that stays under the tax cap while meeting the needs of the residents of Genesee County.

There were many factors working against the County in preparing this budget and County departments and outside agencies were instructed to once again do more with less. The recommended budget keeps funding levels flat for all of our outside agencies along with Genesee Community College. We recognize that costs are going up for our local community partners and appreciate their ability to control their budgets without requesting more from the County.

County departments were instructed to be creative and think outside the box in trying to keep their net County support impact to the same level as the 2020 budget. This was a near-impossible task for many departments when considering health insurance premiums were increasing 17.5 percent and retirement rates increased on average by 16 percent. Despite these significant increases, I was pleased to see County departments hold the line on spending, which helped greatly in delivering a budget that stays under the tax cap.

Budget Highlights

The 2021 recommended All Funds budget for Genesee County totals $142,953,227, which is $759,766 less than the 2020 adopted All Funds budget. The 2021 recommended General Fund (operating) budget is $110,241,924, which is $3,767,378 less than the 2020 adopted General Fund budget. 

I am proposing a property tax levy of $31,451,727, which is an increase of $400,069 or 1.28 percent. For the median residential household in Genesee County with an assessed value of $106,800, this amounts to $13.32 of property taxes. The average County property tax rate in Genesee County would go down from $10.11 to $9.80 or 3.07 percent in the recommended budget. For the median residential household in Genesee County assessed at $106,800, that did not have an assessment change from 2020, this will result in a net tax decrease of $33.11. 

The recommended budget includes usage of $2,334,857 of unappropriated fund balance, an increase of $534,822 from the 2020 adopted County budget. While the fund balance utilization is a little higher than normally recommended, it is entirely appropriate to dip a little deeper into the “rainy day” fund during the current pandemic.

The 2021 recommended budget includes an increase in funding for our roads and bridges infrastructure by $1 million. Deferred maintenance on the County’s infrastructure is getting to a critical point and the cracks are showing, as evidenced by the County getting nine red flag warnings on bridges throughout the County. A red flag warning requires the County to address a deficiency within 15 days of notification and is a serious designation for a bridge to receive. In past years the County would typically get one or two of these designations, so a 350-percent increase in such designations is certainly alarming. This extra $1 million is the first step in addressing the deferred maintenance of the County road and bridge infrastructure.

Overall, there weren’t significant personnel changes made with County positions, but instead a prioritization of where staff can be better utilized. The 2021 recommended budget includes the elimination of 5 full-time positions and three part-time positions and the creation of three new full-time positions and one part-time position. One of the new full-time positions is a much-needed dispatcher for the 9-1-1 center. As a way to minimize the impact to the budget, a part-time dispatch position was eliminated. This additional full-time presence will provide greater stability to a critical public safety service provided by the Sheriff’s Office. The new part-time position created is 100-percent grant-funded and will work out of the Genesee Justice Division of the Sheriff’s Office.

The remaining two full time positions are tentatively scheduled to be filled mid-year in 2021, only if the County is in the financial position to fill them. As previously noted, this County has long done more with less, but this has come at a cost, and too often service to the community has suffered or the cost savings have been too shortsighted. I am recommending the County creates a new part-time Veteran Service Officer (VSO) to assist our very dedicated full-time VSO and creates a Deputy Human Resources Director to assist our understaffed Human Resources Department. In both cases, we have department heads doing exemplary work for the citizens of Genesee County but can do more if given the necessary resources to succeed. Both of these positions are funded for just half a year and will be filled midyear if the economic climate allows for it.

Budget Challenges

There were many challenges in putting together the 2021 County budget that all came together for what seemed like a perfect storm: 

·      Reductions in State Aid – due to the financial impacts of Covid-19 on the New York State budget and the uncertainty of State aid reimbursements, we were forced to budget for across the board 20-pecrent reductions in State aid among all County departments. This reduction in State aid resulted in more than $2 million in reduced revenue in the 2021 budget.

·      Reductions in Sales Tax – County sales tax collections in the second and third quarters are lower than the same time period the year before by more than 10 percent. With the uncertainty of a “second wave” of Covid this fall and winter, and in working closely with the County Treasurer’s Office, we have conservatively budgeted for a sales tax figure that is approximately 7-percent less than the adopted 2020 budget.

Along with reduced sales tax revenue due to the pandemic, Genesee County has to contend with reduced sales tax figures from the State diverting monies away from Counties to pay for fiscally distressed hospitals along with aid to towns and villages. In the fiscal year 2021, this amounts to the State reducing County sales tax revenue by $740,881.

·      Reduction in Interest Earnings – Plummeting interest rates have had a drastic effect on the County’s ability to earn a return on funds held in reserve or funds held until appropriated. In the recommended budget there is a reduction of $550,000 in budgeted interest earnings, amounting to a 78.5-percent reduction.

·      Health Insurance Cost Increases – Rising health care costs in the County’s self-funded plan have caused a necessary 17.5-percent increase in plan premiums. At least 85 percent or more of that premium increase is absorbed in the various County departmental operating budgets, resulting in an overall healthcare cost increase in the 2021 recommended County budget of 10 percent. 

·      Retirement Cost Increases – The retirement rates released by the New York State Comptroller’s Office were on average 16-percent higher than the previous year. This translates into significant employee benefit cost increases to County departments.

·      Mandates – Approximately 75 percent of the 2021 recommended property tax levy is made up of State-mandated expenditures to fund departments/programs such as Medicaid, Probation, the Jail, Public Defender’s Office, Assigned Counsel, Social Service programs, Mental Health, Early Intervention, ages 3-5 Preschool, and various others. 

County Responses to Budget Challenges

With the New York State tax cap in place, which penalizes Counties with reduced State Aid for enacting an override, options to meet the budget challenges are limited. Genesee County has a long history of doing more with less, sharing wherever possible, privatizing operations, deferring needed capital improvements, modestly compensating employees, and providing virtually no post-employment benefits to staff. After years of cutting to the bone the following actions were available to close the gap for the 2021 recommended budget: 

·      Fund Balance Utilization – The 2021 recommended budget utilizes $534,822 more in fund balance than the 2020 adopted budget, for a total of $2,334,857.

·      Raising the Tax Levy – The 2021 recommended budget raises the levy by 1.28 percent in 2021, below often referred to as the tax cap limit of 2.0 percent.

·      Reducing Revenue Sharing with Towns & Villages – This decision was deliberated by the Legislature in great length. The financial landscape of the County was closely monitored over the last six months and after careful consideration, taking into consideration all of the revenues coming into the County, a figure of $10,000,000 of revenue sharing was deemed appropriate. This amount is less than originally planned but is still a significant source of revenue for local Towns and Villages.

·      Line by Line Review with New Perspective – With new eyes involved in the budget process this year there were new ideas and solutions brought to the table that resulted in savings in various County departments. Besides being my first budget as the County Manager, I was accompanied by the Assistant County Manager and Executive Assistant in every budget meeting, a first for both individuals. A closer dive into the individual budget lines resulted in significant budgetary savings when aggregated. We were also able to utilize greater sharing of resources between departments to capture more state aid and reduce the net county share in several cases. 

In Closing

While I am pleased to present a budget that stays within the confines of the New York State Tax Cap and effectively lowers the property tax rate by $.31/1,000, I am not blind to the significant impact the proposed tax levy has on the citizens and businesses of Genesee County. My time as County Manager has just begun and I pledge to work with local governments, community not-for-profits, the business community, and local citizens on ways to spend these precious resources as efficiently as possible and ensure we are taking as little from the community as possible to meet the needs of Genesee County. 

I want to give a special thanks to Vicky Muckle, Tammi Ferringer, and Scott German for helping me to prepare my first budget as County Manager. While all three provided many hours of counsel and debate on how the budget should be structured, Muckle had the pleasure of making countless revisions to the budget and as the seasoned veteran in the office, ensuring I stayed on task in delivering this balanced budget. I also want to thank the Legislature and Chairwoman Rochelle Stein for their guidance and feedback during this budget season. 

I now turn the budget over to the Legislature for their consideration and eventual adoption. I look forward to further discussion with both Legislators and the community at large, to ensure that the budget meets the needs of this community.