genesee county

From the National Weather Service office in Buffalo:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In other action, the committee:

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

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

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

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

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

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

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

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

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

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

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

Sections of the updated document include:

• Repeal and Replace. Local Law Introductory No. 2, Year 2021, would repeal and replace the original code and the ensuing amendments;

• Code of Ethics. This is the section that spells out requirements for county employees and appointees, and includes: term definitions; applicability; prohibition of using a municipal position for personal or private gain; disclosure of potential conflict of interest; procedure for recusal or abstention; investments and/or private employment in conflict with official duties; future employment; personal representation; use of municipal resources; interest in contracts; nepotism; confidential information and gifts.

• Board of Ethics. This defines the committee that is appointed by the County Legislature and will render advisory opinions to officers and employees with respect to the General Municipal Law governing any Code of Ethics.

• Financial Disclosure and Annual Statements of Disclosure. This section defines the terms used and reporting categories along with the procedures and key dates for filing the annual statements with the Clerk of the Legislature.

• Whistleblower Protections. This part indicates the county’s prohibition of illegal or unethical activity, and safeguards any employee who reports such activity from being discharged, discriminated against or from being subject to retaliation.

• Penalties. Anyone making false statements can be fined, disciplined or discharged from their duties, but an appeals process that brings in the Board of Ethics is in place.

• Effective Date. The new Local Law shall take effect upon proper filing with the Office of the Secretary of State.

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

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

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

While Genesee County leaders place conserving water at the top of the priority list, they also are looking at water storage as another step to making sure the supply is able to meet the demand during those extremely hot summer days.

County Engineer Tim Hens reported to legislators Tuesday that water storage does help with peak day requirements and pointed to several corresponding actions currently taking place.

“The addition of the new 750,000-gallon tank in Elba will be beneficial for the entire system as it comes online this summer,” Hens said. “Additionally, large industries in Genesee County are looking to add onsite tanks at their facilities that will allow them to adjust their heavy pumping during peak periods.”

Hens said that he has been talking to CPL (Clark Patterson Lee) engineers about advancing some tanks/storage from Phase 3 of the County Water Project to Phase 2 (which is happening now) as quicker ways to deal with peak day demands.

The Monroe County Water Authority also is moving ahead on a project to build a ground storage tank in Pavilion along Walker Road at the old Village of Le Roy water treatment plant that will provide 700,000 gallons per day, he said.

“There is an opportunity for the county to participate and upsize this tank to 1.5 million gallons,” Hens said. “The county share to do this would be about $400,000 which I feel is a great deal and is something the water fund could easily handle.”

Hens said that MCWA also plans to adjust the hydraulic grade zones south of Le Roy and in the Village of Le Roy to be on the same … zone that feeds much of the “center” of the county.

“This would allow the new Pavilion tank to coordinate directly with the Temperance Hill (situated west of Stafford, close to Fargo Road Pioneer Cemetery) tanks,” he said.

Hens said that the county is willing to pursue this arrangement, adding that he expects this tank to be completed by the end of next summer.

Last week, county, City and Town of Batavia, Village of Oakfield, Village of Elba and county Health Department officials issued a bulletin asking residents to do their part to conserve water this summer.

Reasoning behind the request is that, despite county efforts to increase the supply, “rapid increases in residential district growth and increased agribusiness and industrial use” have resulted in demand outpacing supply improvements during the summer months.

Officials said that if voluntary conservation measures are unsuccessful, mandatory water conservation may have to be enforced. 

Hens said that the county is taking steps to save water by reducing or eliminating flushing on peak days, better communication on water storage tank levels and coordinating with contractors filling new water mains.

More than $11 million from the American Rescue Plan Act has Genesee County’s name on it, but it’s too early to speculate exactly how that money will be used, County Manager Matt Landers reported to legislators earlier this week.

Landers, in outlining the four areas on which the money can be spent, said he emphasized to county lawmakers that the current federal guidelines have been released on an interim basis and the final rule is not expected until mid-July.

“Between not having the final rule yet, plus the fact that the feds are doing this in a two-traunch allocation of the money, no official roadmap of how were going to spend the $11,125,969 has been drawn up,” Landers said.

“They’re doing this specifically because they don’t want you to spend all of the money now. They want you to evaluate how the pandemic is progressing and to be able to adjust later on with the funding they give you.”

Payments, in equal installments, to municipalities will be made sometime this year and again 12 months later.

According to a directive from the federal government, eligible uses are as follows:

• To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality.

Landers said his office is calculating what won’t be covered by the CARES (Coronavirus Aid, Relief, and Economic Security) Act (of 2020) and the Federal Emergency Management Agency, with outstanding expenses to be covered with ARPA funds.

“We’re still investigating what we can and can't do here regarding tourism,” he said. “I am checking to see if this is the way we can assist the Chamber of Commerce for a rebranding effort, along with assistance to some of our local businesses most impacted by the pandemic and to assist our tourism sector.”

• To respond to workers performing essential work during COVID-19 public health emergency by providing premium pay to eligible workers.

• For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.

Landers reported that the county treasurer’s office has calculated the amount of lost revenue by Genesee County, using the prescribed three formulas.

“The most beneficial calculation of lost revenue is approximately $6 million,” he said. “There are strings attached to this money, but early thoughts on how to utilize this portion is on the construction of the Genesee County Jail.”

He also said he is talking to department heads about possible investments and for cybersecurity upgrades proposed by the Information Technology department.

• To make necessary investments in water, sewer, or broadband infrastructure.                                                                                                    

Landers said it there could be around $5 million available for allocating to broadband and water infrastructure needs.

“Limitations on upload/download speed may impact the effectiveness of the broadband allocation,” he advised.

The county manager said he will be meeting with other county administrators on June 4 in Madison County and with New York State Association of County leaders “to put our heads together to see what works.”

“The interim final guidance provides us with a lot of information, but also a lot of questions,” he said. “It is too early to provide a complete list of recommendations, but it is safe to say we will be able to allocate all of the $11 million and will allocate it in the most impactful and transparent way.”

Updated: May 30, 12:30 p.m., with job creation details

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While acknowledging ongoing opposition and unsightly solar panels, Byron Town Supervisor Peter Yasses said the municipality has won the lottery as a result of its Host Community Benefit agreement with Excelsior Energy Center LLC – the company proposing to build a 280-megawatt solar system in the town under Article 10 of the New York State Public Service Law.

“You’ve won the lottery, but you’ve won the lottery for 20 years,” Yasses said on Friday in discussing the status of the project, which would turn 46 parcels of farmland covering about 1,600 acres into a sea of solar panels. “Every year this check comes – with a 2-percent increase. To me, that’s huge for the town.”

The check that Yasses is talking about is the $1,006,522 that Excelsior Energy would write to the town in year one of a 20-year HCB fee schedule that increases by 2 percent each year. Per the contract, the first annual check would arrive within 30 days after the start of construction.

All told, combining a PILOT (payment in lieu of taxes) with the Genesee County Economic Development Center, special district charges, agricultural exemption revenue and the negotiated host benefit fee, the Town of Byron – if the project receives final approval – would be on the receiving end of $24 million over the two decades.

Yasses said he and the town board took a stand to get what they felt was a fair price for the cost of losing the aesthetics of farmland and fields.

“We had to go into this with an open mind. At any means, it’s not going to be pretty for the town as far as having to look at the panels,” he said. “But it really has nothing to do with our town board. This is getting rammed down our throats by (Gov.) Andrew Cuomo through Article 10.”

The Article 10 provision (which is being replaced by Office of Renewable Energy Siting) authorizes the state’s Board on Electric Generation Siting and the Environment to oversee development of large solar facilities, bypassing much local control.

Siting Board Public Hearing is Tuesday

On Tuesday (June 1), the siting board will be conducting a public statement hearing -- a key step toward the end of the Article 10 process – via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Two sessions are scheduled – 1 and 6 p.m. – for community members to participate.

A determination on a permit to proceed with the project is expected by April. Developers are anticipating the solar system will be operational by the end of 2023.

Yasses said attorneys hired by the town during this process, which started more than two years ago, told board members their hands were tied.

“When a lawyer sits you down in executive session and says, ‘It’s coming whether you like it or not and there is nothing you can do about it,’ that paints a different picture in your mind,” he said. “Again, these aren’t going to be looking pretty in our town – we know that; the town board knows that. However, we had to do what is best for the people that have to look at these things.”

Yasses: We Changed Our Game Plan

Yasses said the board changed its approach from “defense to offense,” and through five months of negotiations forged a deal that it felt was justified.

“Paul (town attorney Paul Boylan) and I were charged with the negotiation and I, knowing what these things (panels) look like, did not want to sell out my town. At first they were talking nowhere near this kind of money and some of the propaganda they were dishing out – it was something like $400,000 to $500,000 a year. That’s peanuts,” he said.

“I said, ‘No way, I want a million (dollars). I won’t say who … but there were some big people in the county and town who said, ‘You’re dreaming.’ I said that’s my threshold. I want a million dollars a year for the Town of Byron. I have to live here, my people have to live here, my kids are going to live here and my grandkids are going to live here.”

Yasses said the HCB agreement was signed on April 28 at a board meeting via Zoom.

“The board was pleased,” he said, adding that he believes about a third of the annual payment can be used for property tax relief.

“Approximately a third of it will be injected into our budget,” he said. “I can’t say that the tax rate will go down but this is going to help not to raise taxes because Genesee County cut our sales tax distribution by more than that. We took some pretty drastic measures to keep ourselves in good shape, but I’m not sure the tax rate will go down.”

Residents Will Have a Voice

He said it will be up to town residents as far as how to spend the remainder of the windfall.

“Most likely, we will hire a financial advisor and we’ll probably select a committee through the citizens to help us come up with wants and needs,” he said. “It’s the community’s money and I want the community to have a say on how they spend their money.”

A closer look at the financials involved with the project reveal that the town, Genesee County and the Byron-Bergen Central School District will benefit from the PILOT negotiated between Excelsior Energy Center and the GCEDC.

Per the HCB fee schedule, the county would get $281,775 in year one and the school district would get $675,703 in year one. The town’s share would be $120,522 and, again, these payments come with a 2-percent annual escalator clause.

The GCEDC Board of Directors is expected to vote on tax incentives for Excelsior Energy Center at its meeting on June 3. Excelsior is seeking $21,498,313 in property tax abatements over the 20 years and $11,288,287 in sales tax abatements (for construction materials).

Jim Krencik, GCEDC director of marketing and communications, said Excelsior Energy would be investing $345.55 million – with $1.82 million in the first year alone to the three taxing jurisdictions based on $6,500 per megawatt.

$84.7 Million Into the Local Economy

“Excelsior’s investment over the 20-year project horizon is estimated to generate $117.5 million into the local economy when you consider the total PILOT payments, host community agreement, estimated fire district payments and related tax reductions, and construction purchases and payroll,” Krencik said.

The solar company said 290 full-time equivalent jobs will be created during the construction phase and 3.1 FTE during project operation and maintenance (solar technician, tech leader and high voltage technician).

Krencik pointed out that when subtracting the tax incentives from the direct economic impact figure, the direct benefit in excess of costs is $84.7 million over the 20 years.

And, of course, the farmers who have signed contracts with Excelsior Energy to lease their land will reap financial rewards.

Yasses said that he and others from the town will be on the siting board public hearing call on Tuesday and expects that those in opposition will be as well.

“We have heard those against it loud and clear. But, we had to do what we felt was right for the community,” he said. “This the best deal in New York State. We had some people scratching their heads wondering how we got it. It was through tough negotiations – that’s how we got it.”

Previously: GCEDC's public hearing on the Town of Byron solar project: An 'incentive' for parties to voice their opinions

Anyone who has followed Genesee County government proceedings over the past 14 months is aware that the municipality has been focused on limiting the negative effects of the COVID-19 pandemic on its economic and public health.

The county took numerous steps to mitigate the impact on its bottom line, including reducing contributions to outside agencies, freezing new hires, instituting furloughs and holding off on previously scheduled capital projects.

It also, through the health department, has kept a close eye on coronavirus positivity rates and has been diligent in the testing and (now) vaccinating of its residents.

As a result of these measures, county leaders have learned that the Office of the New York State Comptroller Thomas P. DiNapoli gave a passing grade to Genesee County’s strategic planning in an “Adequacy of 2021 Budgets” review released earlier this week.

The report’s “key finding” was that county officials adequately assessed the impact of the pandemic on financial operations while developing estimates for significant expenditures in the 2021 adopted budget.

Going forward, the review’s recommendation can be boiled down to “keep doing what you’ve been doing," as follows:

In consideration of the continually new and evolving impacts caused by the pandemic, County officials should carefully monitor their budgeted-to-actual revenues and expenditures and make amendments to the budget as needed throughout the year.

County Manager Matt Landers (photo at right), said he and his staff, in concert with the Genesee County Legislature, took a “commonsense approach” to preparing the 2021 budget – recognizing early that things were going to be much different as the coronavirus pandemic took hold and analyzing any and all data and information to make educated decisions.

“Genesee County put together the 2021 budget using honest, conservative and realistic estimates,” he said. “We are happy to see that the Comptroller’s Office agreed with our process, and agree that we must continue to monitor the actual results in 2021 as compared with our budget, which is something we do every year.

“The county took very conservative cost-cutting measures in 2020 leading up to the 2021 budget, including instituting a hiring freeze, furloughing county employees and putting off capital projects. These proactive 2020 moves put us into a better position to weather the difficult 2021 budget."

County Legislature Chair Rochelle Stein also said the conservative approach worked well in finalizing a $143,712,993 overall budget ($110,276,137 general budget) and reaching a property tax rate of $9.80 per thousand of assessed value – 31 cents less than the 2020 tax rate. About $2.4 million was appropriated from the county’s fund balance to balance the budget.

“The strategy that Matt and the legislature employed was one of very clear, concise and transparent communication,” Stein said. “Matt has provided to the legislature, in his reports and updates during that budget process, every piece of information that we could glean from the New York State Association of Counties, Office of the State Comptroller, daily conversations that the governor held – every place that we could possibly pull information from – along with all of our department heads and outside agencies.”

Stein said she is “proud” of the job that Landers, his team, department heads and outside agencies did in putting the budget together “because we used the best information that we could possibly have at that time.”

Landers said the county continues to face challenges as it deals with circumstances and situations coming out of the pandemic.

“We are bracing for additional state budget cost shifts as we work on Phase 3 Water Project to ensure water supply keeps up with demand and as we seek to fund the new county jail,” he said.

The Office of the Comptroller selected 20 municipal governments in New York for budget reviews, noting it sought to understand how municipalities worked through difficult times and understanding that the pandemic affected local governments at different levels.

Click here to read the full review.

The managers of Genesee County’s three largest municipalities are exploring the best ways to spend a windfall of federal dollars via the American Rescue Plan Act of 2021.

Also called the COVID-19 Stimulus Package or American Rescue Plan, the $1.9 trillion economic stimulus bill was passed by Congress and signed into law by President Biden on March 11. It is intended to help the United States recover from the adverse economic and health effects of the COVID-19 pandemic and the ongoing recession.

While the exact amounts to be allocated to towns and villages have yet to be determined, it has been reported that Genesee County will receive slightly more than $11 million, the City of Batavia will receive between $1.57 and $2.5 million, and the Town of Batavia will receive about $750,000.

Formal guidance on how the money may be used was released earlier this week in the form of a 151-page document.

According to published reports, half of the money is available now and the other half will come 12 months from now. Among the qualifying uses are public health, assistance to businesses and families, replenishment of public sector revenue and enhanced compensation for essential employees.

Funds also can be utilized for water and sewer system infrastructure and increasing access to broadband internet – items that local governmental leaders seem to be focusing upon.

GENESEE COUNTY

“We will be having a discussion with the legislature later on this month at a meeting to give some rough suggestions,” Genesee County Manager Matt Landers said. “I haven’t come up with dollar amounts for each bucket but I already have been looking at areas to put this money towards – water infrastructure, broadband infrastructure, jail infrastructure and some possible economic development initiatives as well.”

Landers called it a “one-time allocation of revenues,” emphasizing that the money can’t be used to reduce property taxes.

He said the county needs to upgrade the infrastructure in both the Phase 2 and Phase 3 Water Project, and is looking at ways to assist towns with a countywide broadband solution.

“We still have a lot of pockets within our county that don’t have access to high speed internet,” he said. “Possibly, we can utilize some of this money to help fill those gaps.”

CITY OF BATAVIA

In Batavia, City Manager Rachael Tabelski said she will be presenting a plan to City Council to allocate the CARES funds to specific projects that could include water, sewer, downtown parking rehabilitation and equipment purchases.

She, too, said these are one-time revenues and, as such, will be recommending “that they should be used for one-time purchases, not continuing operations.”

Tabelski noted that the city just ended its 2020-21 fiscal year (on March 31) and is starting an audit next week.

“So, unlike the county and town, with fiscal years that run from January through December, we need to finish the audit to evaluate the 2020-21 fiscal year final revenue,” she said.

TOWN OF BATAVIA

At the Town of Batavia, Supervisor Gregory Post said the money will offset lost revenue, enabling the town board "to allocate the balance to specific needs, which we are identifying right now to see what qualifies.”

Post indicated that expanding broadband and high-speed internet is at the top of the list.

He also said the money can help the town recover from the lack of upgrades to its comprehensive, solar, land use and agricultural protection plans.

“Furthermore, we would like to develop the scale and scope of how we can maintain all of the services to the community through a virtual town hall, and not having to expend any tax dollars in brick and mortar facilities that are not able to be used in the event of another pandemic or other similar circumstance,” he offered.

Post acknowledged the recent increase in property assessments, pledging to find ways “to best serve the community and keep taxes flat or attenuate any of the expenses incurred during COVID.”

On a national level, it has been reported that some states with Republican governors or legislative majorities have filed lawsuits in an effort to strike down the provision that the funds can’t be used for tax relief – on grounds that the stipulation violates the rights of individual states.

If the hiring of longtime Batavian Michael Burns as Genesee County's new information technology director turns out as well as the hiring of Steve Zimmer did a dozen years ago, County Manager Matt Landers and his staff will be delighted.

Burns, the manager of Client Services at Rochester Institute of Technology since December 1998, has been selected to replace Zimmer, who will be retiring from his full-time position on May 7. Burns (photo at right) is scheduled to join the county workforce on May 24.

“Steve came to us 12 years ago after 12 years at the University of Rochester and did an outstanding job,” Landers said today. “Michael is coming to us from RIT after a long career and we’re looking for more of the same.”

Burns, a 1984 Batavia High School graduate, coordinates the activities and work assignments of the National Technical Institute for the Deaf Client Services group that consists of 12 full-time employees, two cooperative education students and eight to 10 student workers per quarter.

Client Services maintains approximately 500 computers in more than 60 NTID classroom/lab spaces, and coordinates NTID interoffice mail services, word processing, duplicating, class notes scanning and the NTID Help Desk.

Other responsibilities of the department include inventory maintenance, secure disposal of equipment, special event support first-level technical response, redistribution of equipment, and the research/implementation of new technology.

Contacted by telephone today, Burns said now is the perfect time for him to explore a new opportunity.

“I always thought that when I became retirement-eligible from RIT that I would want to look around,” Burns said. “Genesee County popped up on the radar and the more I looked into this position, the more excited I became about actually working in my own community – working where what I do affects my neighbors, the Genesee County community – and it affects my life as well.”

A Williamsville native, Burns’ family moved to Batavia when he was in the fourth grade.

“My dad, John X. Burns, worked for Genesee Community College and, ironically, I will be working at County Building 2, where my dad was working when he worked for GCC,” he said.

While at Batavia High School, Burns was in the band and played tennis for a year.

“I was never particularly good at athletics – I was a geek,” he offered.

After graduating from high school, he earned an associate degree from Alfred State before moving to Virginia, where he was the senior designer for Newport News (Va.) Shipbuilding, specializing in power and lighting panel design for nuclear-powered aircraft carriers.

He returned to this area in 1995, becoming technical director for the School of the Arts, which is part of the Rochester City School District. At SOTA, he provided varied computer support for all classroom, lab and office systems.

Along the way, Burns attained his bachelor’s degree in Management Information Technology from RIT.

Looking ahead, he said he is glad that Zimmer will be staying around on a part-time basis for up to three months to assist in the transition.

“I am so grateful that they are keeping Steve around so I can learn from him for awhile before having to go off on my own,” Burns said. “I feel like I’m following a legend.”

On Wednesday, the Genesee County Legislature on Wednesday voted to create a temporary, part-time IT director position to allow for “the incumbent to assist with the transition of a new information technology director.”

The resolution assigns a pay rate of $51.69 per hour, effective May 10 through no later than Aug. 10. Landers confirmed that Zimmer has agreed to accept the temporary job.

“We are very fortunate to have Steve agreeing to stay on as we fully understand the critical nature of IT and the need for a smooth hand off between directors. It is going to be sad to see a great employee like Steve Zimmer leave us, but I am excited to see what new ideas Michael can bring to Genesee County government,” Landers said.

The county manager conveyed that after an extensive search process, the interview committee of several department heads decided that Burns was the best fit to lead the IT department.

“Michael brings 25 years of experience in the IT field with him, the last 20 years spent at RIT managing a staff larger than what he will walk into at Genesee County,” Landers said. “His style and demeanor actually resemble Zimmer’s, which is something the group liked to see. We are confident he can take complex IT issues and communicate solutions effectively to the manager’s office and legislature, and be able to meet the needs of our numerous departments.”

Burns and his wife, Sharon, who works at the BEST Center at GCC, have one daughter, Courtney, who is graduating this year with a degree in Nursing from D’Youville College in Buffalo. D’Youville College participates in a tuition exchange program with RIT.

In his spare time on the weekends, Burns is the bass player for Triple Threat, a six-member party rock band out of Buffalo (that’s him, fourth from left in the photo below).

“We play a little bit of everything – '60s, '70s, '80s, country – you name it and we play it,” Burns said. “That’s my outlet.”

Members of the Genesee County Legislature’s Public Service Committee on Monday approved a local county law to allow deer hunting by 12- and 13-year-old licensed hunters with a firearm or crossbow during hunting season under the supervision of a licensed adult.

Designated as Local Law Introductory No. 1 Year 2021 of the County of Genesee, the proposed law will be subject to a public hearing, which is scheduled for 5:30 p.m. May 12 at the Old County Courthouse or via Zoom videoconference.

The law, if passed, enables the county to participate in the temporary New York State program to allow for young hunters (12- and 13-year-olds) to hunt deer with a crossbow, rifle, shotgun or muzzle loaded firearm through Dec. 31, 2023.

According to wording of the law, which was drafted by County Attorney Kevin Earl, the “hunting is a valued tradition for many families, and this new opportunity allows experienced, adult hunters to introduce the value of hunting to the next generation.”

“Furthermore, teaching young people safe, responsible and ethical hunting practices will ensure a rewarding experience for the youth, while providing quality food to families and contributing to important deer management population control practices.”

Legislators said they were reassured by the law’s parameters regarding supervision, which include requirements that the parent, guardian or person must be at least 21 years old, has had at least three years’ experience in hunting deer, holds a hunting license, and maintains physical control over the minor at all times while hunting.

Legislator Marianne Clattenburg said she supports the law due to the significant increase in the number of deer in and around the City of Batavia and that it encourages young hunters. Legislator Christian Yunker said the law is backed by the regional fish and wildlife committee and he is pleased to see that it is heavily regulated.

Other requirements as mandated by New York State are as follows:

• Such is accompanied by their parent or legal guardian, or by a person designated in writing by such parent or legal guardian on a form prescribed by the Environmental Conservation Department who is 21 years of age or older;

• Such parent, guardian or person and the minor remain on ground level at all times while hunting;

• Such parent, guardian or person and the minor shall each display either a minimum total of 250 square inches of solid fluorescent orange or pink or patterned fluorescent orange or pink consisting of no less than 50-percent fluorescent orange or pink material worn above the waist and visible from all directions, or a hat or cap with no less than 50 percent of the exterior consisting of solid fluorescent orange or pink material and visible from all directions.

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

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

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

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

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

Yaeger: It's a Nationwide Problem

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

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

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

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

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

Thousands of Hours with No Pay

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

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

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

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

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

Stein: We Need to be Prepared

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

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

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

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

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

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

Have to Consider the Costs

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

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

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

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

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

What was advertised as a public hearing on incentives being offered by the Genesee County Economic Development Center to the developer of the Excelsior Solar Project in the Town of Byron turned out to be an opportunity for parties on both sides of the issue to re-emphasize their positions.

During the 25-minute videoconference, Mark Masse, GCEDC’s senior vice president of operations, read written statements from representatives of three farms who are leasing land for the 280-megawatt, 1,600-acre system -- Star Growers Land LLC; L-Brooke Farms and Colby Homestead Farms.

Their comments supporting the project – a huge financial windfall for the Town of Byron, Byron-Bergen Central School District and Genesee County, plus the creation of 290 full-time equivalent jobs – were followed by an oral statement from Eric Zuber, Byron town councilman and community farmer, who has opposed the plan since it was introduced more than two years ago.

Excelsior Energy, a subsidiary of NextEra Energy Resources LLC of Vero Beach, Fla., has plowed ahead under the authority of Article 10 of the New York State Public Service Law, while committing to pay the aforementioned taxing jurisdictions upwards of $44 million over the next 20 years.

The solar company is proposing to invest $345.55 million in a utility-scale solar project on multiple properties (46 parcels to be exact). It also has negotiated 20-year tax and community host agreements, including payments of $6,500 per megawatt, with a 2-percent annual escalator, to the county, Town of Byron and the Byron-Bergen school district.

$1.82 Million to Entities in Year One

What that means during year one, according to figures provided by the GCEDC, is that Genesee County would receive $281,775, the Town of Byron $862,522 and BBCS $675,703. That initial $1.82 million outlay would increase by 2 percent for each year after that for 20 years.

In return, the solar company has requested that the GCEDC approve property tax abatements estimated at $21,498,313 over that period and sales tax abatements (for construction materials) estimated at $11,288,287.

For its role as facilitator, the GCEDC receives a 1.25-percent fee – in this case, $4,319,458, which it will collect at the time of the financial closing.

Furthermore, farmers will stand to profit significantly through the leasing contracts they signed with Excelsior Energy.

Participants include Legacy Lands, LLC; Brooke-Lea, LLC; Call Lands; Lea-View Farms, LLC; Richard Colby; L-Brooke Farms, LLC; John Starowitz; Leo Starowitz Jr.; Star Growers Land LLC; John Starowitz and Andrew Starowitz; John Sackett Jr. and Charles Sackett; CY Properties LLC; and Call Lands Partnership.

Farm Reps Applaud Solar Project

In their written statements to the GCEDC board, Barbie Starowitz of Star Growers Land LLC; Jim Vincent of L-Brooke Farms, and Richard Colby of Colby Homestead Farms touted the project’s benefits for the Byron community and positive impact on the future of farming.

“The Excelsior Energy Center not only will support our farm for generations to come but also will provide new local revenue and new local jobs for our community,” Starowitz wrote, adding that the EEC has committed to hiring 90 percent of the employees (except for construction project management) from the local labor force.

Starowitz said diversification is crucial to today’s farmers.

“Farmers are trying to diversify so they can continue to stay in business in the future. Each crop year, we rely heavily on the weather. But for too many years it was either too wet or too dry. Crops have been suffering, low yields, bad quality and so on. But the farmer must still come up with the money to pay the expenses,” she wrote.

Her statement indicated that clean solar energy will help the farms to survive by reducing “economic pressures faced by farmers and encourage an approach that does not permanently remove land from agricultural production.”

She concluded by recognizing Excelsior’s “commitment to community input” by hosting monthly meetings at the Byron Hotel and reaching out to residents through other means.

“The Byron community of over 2,300 can all benefit from the solar project, working together as a positive thing for the community and future generations,” she wrote.

'Vehicle for Long-term Reinvestment'

Vincent said he and his affiliates “are advocates of green energy, innovative technology and the many advantages the Excelsior Solar Project represents, and not just because of having some of our lands involved in these solar leases … but what this means to our farm business model, providing a vehicle for long-term reinvestment, succession planning and diversification.”

He wrote that commodity prices, global trade policy, diminishing labor pool, government regulation and an unfair tax burden are making life difficult for farmers, and added that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide for future generations.”

Colby wrote that while his farm is “still going strong,” technology has brought about changes to land use and the “viewscape” in the Town of Byron.

“Today, every home I know of in Byron has electricity. One hundred years or so ago, no one had electricity in their home. The Excelsior Energy Center is a good and necessary change in revenue and new local jobs for our community,” he submitted.

He acknowledged that property values could decrease, but the funding provided to the town, county and school district will be a game-changer.

“This will enable many public enhancements to the community, which, I believe, will drive up the values and make it not only that people want to live but also stay in Byron,” he wrote. “It may be a short-term inconvenience but a significant boon to local businesses – restaurants, et cetera. I see it as adding a bit of excitement to the town.”

He contends that the solar panels will cover less than half of the project’s fenced area, and much of his land will be “highly accessible along existing roads.”

In closing, he wrote that he is researching other uses for the land, including U-pick fruits and nursery stock, and even installing a hops yard to have a locally sourced input for beer brewing.

Zuber: It's Bad for the Environment

Zuber, a member of Byron Association Against Solar, then joined the meeting – expressing his dissatisfaction with GCEDC and Excelsior’s handling of the public hearing. He said he was unaware up to a half hour before the videoconference that he had until last Friday to submit written comments about the project.

“It seems like, and it isn’t quite right, that the people that are pro-solar had the opportunity to write in comments and now the comment period is over, and we were unaware of it,” he said. “I guess I knew this was going to take place, but I didn’t know the format (of how) it would work … and that has been quite typical since this whole thing started with the COVID. The transparency to communicate Excelsior’s plans is at best poor.”

Communication problems aside, Zuber said the solar project will harm the environment and will take away prime land needed to handle an increasing amount of manure.

“We’ve done an ag impact study, which the county apparently is not interested in. I am very concerned about the environmental situation,” he said. “Especially with the Cider project now coming out of the west (a similar project in the towns of Elba and Oakfield) … if the dairy industry is going to survive – I don’t see how it survives with these two big solar projects.”

Zuber said he also is concerned about waste generated by the food plants in Batavia.

“Right now, we’re spending $7 million at O-At-Ka (Milk Products) to handle the waste,” he said. “The city and the town are overwhelmed. We’re going to have the sludge come out of those plants (with) no place to go. The best place for it to go is where you’re putting these solar panels on the ideal ground … but I think the environmental (problems) are a very, very negative situation.”

'A Negative Carbon Effect on the County'

He also cited a university study that indicated that this project would have “a negative carbon effect on Genesee County.”

“This will make the carbon situation worse, does not accomplish anything that the global warming people want, and I think it is very poorly structured … I think it’s bad for the environment for the county, the town and probably the state.”

Starowitz then got on the call, rebutting Zuber’s remarks about the manure situation.

“… the gas from the manure is being pipelined directly into being sold on his property, which is located on Chapel Street Extension,” Starowitz said about Zuber’s operation. “Also, if there is concern for spreading manure on land that is now being put into solar ... I have addressed to him many times that we have farmland that would use his manure. To this day, he has not taken advantage of that. So, there are other options and other farmland for his concern of spreading manure.”

Looking ahead, the state Department of Public Service has scheduled a public statement hearing – a key step toward the end of the Article 10 process – for June 1 via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Previously: Byron 'mega' solar project moves forward despite opposition; virtual open houses scheduled for Aug. 31

When it comes to Genesee County’s water supply, municipal officials are fixated on a goal of a regionalized system under the umbrella of the Monroe County Water Authority.

Projects continue to move forward to the east and west of Genesee County as part of what is known as Phase 2 – resulting in an additional two and a half million gallons per day. And much more work is planned for Phase 3, which is expected to increase the county’s daily water output by another six million gallons.

With a steady influx of economic development in the county and the prospect of large-scale manufacturing at the Western New York Science & Technology Advanced Manufacturing Park in the Town of Alabama in the near future, the demand for water is bound to amplify.

“We’re flipping over rocks everywhere we go to find more water,” said Highway Superintendent Tim Hens, who is responsible for carrying out the county’s strategy.

Hens said that developing a regional water supply will result in a “resilient, safe and affordable” commodity for years and years.

“That’s probably the best thing for everybody,” he said. “The cost of repairing stuff down the road would be borne by the entire MCWA service area, not just the Village of Le Roy, for example, trying to replace its own water plant.”

Great Lakes water: Safe and plentiful

He said water coming from the Great Lakes is safe and plentiful.

“The water is safer (because) you’re dealing with Great Lakes water as opposed to water that might be contaminated with a flood or runoff or anything else that might go wrong,” he said. “It’s safer and, honestly, it’s more redundant because we will have potentially water supply from four different water plants on the Great Lakes.”

Genesee County has been working over the past two decades to achieve its quest for eight and a half million gallons per day, Hens said, calling the effort “very complex with a lot of intermunicipal relations.”

He said the county’s system currently pumps about four and half million gallons a day through the City of Batavia’s water treatment plant. That water, in turn, is sold to the communities in the central part of the county.

The key player in all of this is the Monroe County Water Authority.

“We get about two and a half million gallons per day from the MCWA through the North Road booster station in Le Roy,” Hens said. “And then Monroe County buys a little bit of water from Erie County to feed Darien, Pembroke and Corfu on the west side.”

Pump station upgrades ongoing

Hens said several pump station upgrades are either in progress or on the schedule as the county works to meet the demand:

• Mumford and Churchville, small portions of Phase 2 that are set to come online by April 15;

• Morgan Road in Scottsville; Scottsville; Riga, and North Road, which were submitted to MCWA for consideration last week;

• Golden Road booster station in the Town of Chili, which was submitted to MCWA on March 5.

• Bissell Road in Bergen, which calls for the installation of 1,700 linear feet of water main to the MCWA connection, and would provide up to 35,000 gallons per day. Hens said this minor project should be done by June.

Additionally, Hens said that installation of water mains on North Road and Vallance Road in Le Roy and a water line on Chestnut Ridge Road in Chili (that will feed into the yet-to-be-constructed Golden Road booster station) is finished.

Hens said that the pump station upgrades and the Golden Road booster station will mark at end to Phase 2 work.

“All of those projects combined will increase our water supply,” he said. “Hopefully, by this time next year we will have everything done and we can have that water available for the summer of 2022.”

Hot days tax the water supply

While Hens said he looks forward to the warm summer months, he is concerned about “those 90-degree days that put a strain on the water supply.”

“Right now, we’re kind of tapped out on water supply,” he said. “On a hot summer day, like last year on the Fourth of July, we were kind of in drought conditions. We’re pretty much – there was no water left to tap. We were producing all the water that we could produce, and it was being used up on a daily basis.”

Genesee County is taking steps to secure water for its central (including the City of Batavia) and western zones as well, Hens said.

“The city water plant draws water from two primary locations – the Tonawanda Creek and the wells on Cedar Street (in front of the county highway department near O-At-Ka Milk Products),” Hens advised.

He said Well A and Well B are active, but are susceptible to an extended drought. For that reason, the county is looking at adding a third well, Well C.

“Given the fact that we are at – kind of peak supply, peak demand right now until Phase 2 is completed – we need to make sure the Batavia water plant has enough water coming out of it to meet the demand, especially in the summertime,” Hens said. “Well C would be there not necessarily to produce more water but as a backup in case one of the other wells has an issue. That way, we can be assured that the city plant can produce as much water as needed.”

Well C is vital to the overall plan

Hens said the county has completed an environmental review and may be ready to award a bid to Frey Drilling to get this project moving.

“It will probably be late summer or the fall before its online. It’s going to be a critical piece for the next few years to have that,” he said.

On the west side, Hens said the county gets about a million gallons a day from Erie County to serve residents in Darien, Pembroke, Corfu (and a small area in the Town of Alabama).

“We’re looking at every single drop of water that we can get until we can do Phase 3 and eventually Phase 4,” he said.

He said he looked into a project with Erie County that officials thought would create an additional two and a half million gallons per day, but it fell through.

“Last fall, we did some hydraulic testing with Erie and Monroe counties, combined, and artificially created a demand by pumping into Genesee County to see the effect on Erie County. When we were pumping in at a higher rate, we caused pressure issues in Erie County as far west as Cheektowaga along Walden Avenue,” Hens said. “Because of that, it would actually cost more money because of the need to do system upgrades, and we kind of shelved the idea."

Looking ahead, the county is embarking on the environmental, design and master planning work for Phase 3.

Phase 3 completion three years away

“In a perfect world, we would start Phase 3 construction by 2023, but it’s hard to say. I’m hoping, fingers crossed, that Phase 3 can be delivered, complete and operational by 2024 -- 2025 at the latest,” he said.

Hens said a major component of Phase 3 would be to run pipelines back into Monroe County, all the way to the Shoremont Treatment Plant in Greece.

“That’s quite a bit of pipeline, with a lot of it through urban areas, and will be a very expensive project,” he said.

Upon the completion of Phase 3, Hens said that the City of Batavia water plant would be taken offline.

Furthermore, county officials are discussing a proposal to establish a Niagara County-MCWA relationship similar to the current Erie County-MCWA pact, Hens said.

“This could benefit us as we await Phase 3 and provide water to STAMP’s large water needs in the future and benefit MCWA in the long-term as they might be the source beyond what Niagara County could provide to STAMP at full build-out,” Hens explained. “Monroe County, if it agrees, would operate the systems. We’re not sure if it’s feasible; it’s just an option because we’re definitely going to need the water.”

Previous: Genesee governmental leaders ready to address call for a countywide unified water rate

Batavia City Manager Rachael Tabelski was spot on Monday night when she predicted the “lower figure” would be allocated to the city through the $1.9 trillion federal relief act known as the American Rescue Plan.

Tabelski reported at this week’s City Council meeting that she received estimates “ranging between $1.57 million and $2.5 million, so I’ll go with the lowest figure -- 1.5 to come into the City of Batavia, specifically.”

Tentative dollar amounts released Wednesday by Sen. Charles Schumer’s office and the National Association of Counties indicate that the city will get $1.58 million as a result of the legislation.

Tabelski categorized the funding as a “windfall” in that the money must be used for certain projects such as infrastructure and not to “stabilize our operations.” Municipal leaders are waiting for more details on how the money can be spent.

Genesee County is targeted to receive $11.11 million, in range of what County Manager Matt Landers had forecasted. 

The county’s 14 towns are expected to receive $4.66 million, divvied up as follows:

• Town of Alabama, $190,000;
• Town of Alexander, $270,000;
• Town of Batavia, $750,000;
• Town of Bergen, $320,000;
• Town of Bethany, $190,000;
• Town of Byron, $250,000;
• Town of Darien, $330,000;
• Town of Elba, $250,000;
• Town of Le Roy, $810,000;
• Town of Oakfield, $330,000;
• Town of Pavilion, $260,000;
• Town of Pembroke, $450,000;
• Town of Stafford, $260,000.

Allocations to Orleans and Wyoming counties are expected to be $7.83 million and $7.73 million, respectively.

In other City of Batavia government news:

• Tabelski and City Council President Eugene Jankowski Jr. said they are waiting to receive some outstanding invoices before determining the total amount that was spent to conduct the nationwide search for a permanent city manager.

Jankowski previously told The Batavian that he figured it would be around $5,000. The city contracted with The Novak Consulting Group of Cincinnati, Ohio, to assist in the search following the departure of Martin Moore last June. (The Batavian has requested an itemized list of all expenses).

Some residents have criticized the city for conducting another search (Novak was involved in the search that resulted in Moore’s hiring in 2018) when it could have hired Tabelski, who had been serving in an interim role for the past eight months.

Council opted to conduct a full search, however, as a stipulation in the contract with Novak indicated it would be provided at no cost, other than travel, advertising and related expenses.

As it turned out, even if the expenses involved to reach a decision to appoint Tabelski as the permanent city manager increase to $6,000, for example, the city will have saved significantly in salary over that time.

If Tabelski was hired in July, her salary would have jumped from (approximately) $7,398 per month to $9,166 per month – a difference of $1,768 per month. Multiply that times eight months and you get $14,144. The city did give Tabelski a stipend of $1,000 per month for the additional duties, so the savings decrease to $6,144.

But what also must be considered is that if Tabelski was hired in July, she would have brought on an assistant manager in short order. Even at a salary of $75,000, for example, that would have cost the city another $45,000 to 50,000 or so in personnel expenses.

Jankowski said initially he was in favor of “speeding up the hiring process” as he supported Tabelski for the job, but he thinks the decision to conduct the search was the right one.

“Looking back on that, I’m glad I acted on the feedback I received and supported moving on with a full and complete search,” he said. “It was fair and thorough. The search committee did a great job and I’m proud to have been a part of the process.”

• Tabelski, responding to an email from The Batavian, confirmed that Ray Tourt had opted not to accept the permanent position of Department of Public Works director.

“After additional consideration, Ray Tourt has decided not to take the permanent/provisional appointment of Director of Public Works,” Tabelski said. “Ray, a 20-plus-year veteran of the city, is committed to the City of Batavia and will remain the interim director while the city conducts a full search, and hiring process for a new director.”

Once a new director is hired, Tourt will go back to his former position of superintendent of the Bureau of Maintenance, and the city’s Human Resources department will begin to advertise for the position of DPW director in the near future, Tabelski added.

Tourt was appointed DPW director in December after Matt Worth’s announcement that he would be retiring.

As the New York State-run mass vaccination clinic at Genesee Community College concludes its five-day run, Genesee County Manager Matt Landers said he believes the operation has gone well enough to justify a repeat performance.

The clinic, which offered 3,500 doses of the one-shot Johnson & Johnson vaccine, began on Friday and wraps up at 11 a.m. today.

While governmental leaders in Genesee, Orleans and Wyoming were upset that it wasn’t limited to residents in their tri-county area, Landers said that, procedurally, after some initial confusion, things went smoothly.

“As soon as the first couple hours died down, on Saturday, Sunday and yesterday, this thing has been a well-oiled machine,” Landers said this morning. “I think the state has been very impressed with the location and the ease of getting people in and out. I think we could have probably doubled the doses easily if the state would have given it to us.”

Landers said he hopes GCC could host another mass vaccination clinic in the near future.

“We’re hoping that the state looks at this as, maybe, a location that they can permanently staff with their own people, and not have it interfere with the Genesee County allocation. I hope the state looks at this and sees the positives that this location affords,” he said.

He said the college is a “logical place” for a clinic.

“They have one in Buffalo and one in Rochester, and the one here in Genesee County -- if they keep it the same way -- they’re still serving people from the western and eastern sides of Monroe and Erie counties (respectively) along with residents in our area,” he offered. "So, they’re still accomplishing (vaccinating people in) a large region and they have a great site.”

Landers did acknowledge long lines in the first couple hours on Friday as a result of the switch from the county’s regular clinic to the state clinic.

Going forward, he said it is important that any operation run by the state does not interfere with the Genesee County clinic nor the vaccine allocations that come directly to the county.

“Also, we would to have the state use its people to staff its site,” he said. “It’s one thing for us to use all of our staff to assist over a five-day span, but we need our employees for our needs here in Genesee County.”

Previously: Nearly half of the 3,500 COVID-19 vaccine doses at first GCC clinic booked by Erie County residents

As much as $2.5 million could be on its way to the City of Batavia through the $1.9 trillion American Rescue Plan that is expected to be approved by the House of Representatives either today or Wednesday before being sent to President Biden for signing into law.

“We’ve had figures ranging between $1.57 million and $2.5 million, so I’ll go with the lowest figure -- 1.5 to come into the City of Batavia, specifically,” City Manager Rachael Tabelski said after Monday night’s City Council Business Meeting at the City Hall Council Board Room.

The massive COVID-19 relief bill includes another round of $1,400 direct payments to income-eligible citizens as well as money for schools, small businesses, vaccines and expansion of the child tax credit. It has been hailed as a great victory for the Biden Administration, but lawmakers on the Republican side have opposed it, stating that only 9 percent of the funds go directly to coronavirus relief.

Already passed by the Senate, the current plan on the House floor appropriates $23.8 billion for New York State, broken down as follows:

• $12.569 billion for New York State government;

• $6.141 billion for New York’s metro cities;

• $3.907 billion for New York’s counties;

• $825 million for New York’s small cities, towns and villages;

• $358 million for New York State broadband investment.

Tabelski termed money earmarked for Batavia as a “windfall.”

“The issue with the revenue is that it is not sustainable … it’s a windfall to the city,” she said. “You have to look at it for one-time type projects, and it can only be spent on certain things, like water, wastewater, infrastructure, broadband infrastructure, things of that nature.”

She said that the funds aren’t “something we can use at this point to stabilize our operations” but can be used to advance projects identified by city leaders.

She said it is unclear exactly how the money can be spent.

“Does it have to be COVID-related or can it be open-ended? So, when those rules and regulations are promulgated, we’ll have a lot better picture of how we’re able to move that forward on behalf of the residents of the city,” she advised.

Looking at Genesee County, its chief administrative officer anticipates the county receiving between $11 million and $12 million once the bill is passed.

“Guidelines are still coming out to help municipalities such as counties and cities better identify how we can allocate those monies in our communities,” County Manager Matt Landers said this morning.

“Basically, the broad strokes, the big picture that has been provided to me so far is that we can spend it on things like economic development projects, and infrastructure needs like broadband and water.”

He also pointed out that the money can be used to replace verifiable lost revenue.

“And we certainly can demonstrate lost revenue in Genesee County from lost sales tax and even lost state aid,” he said. “And also cover current and future COVID costs … and costs related to the pandemic that may qualify, such as the delay of our (proposed new) county jail. We have delayed our jail probably a good year or two, and the prices have gone up since then.”

Landers said he will be on a conference call with New York State Association of Counties officials on Friday to learn more about the parameters of the American Rescue Plan and share ideas with other county administrators.

“To my knowledge, you can access the money for prior lost revenue … things that have happened as a result of the pandemic and then there are specific projects in the community that we can put it towards,” he offered.

“That’s where the economic development and infrastructure projects come in, working with the Chamber of Commerce and GCEDC (Genesee County Economic Development Center) to see of there are some projects that will meet the criteria – when we actually learn what the criteria is.”

Batavia Town Supervisor Gregory Post said he has not received specific details, but indicated any funding for the town would likely be funneled through the county.

“We received absolutely nothing officially, in fact we’re still trying to get FEMA (Federal Emergency Management Agency) reimbursements and work through that process,” said Post, adding that the town board will convene on Wednesday to possibly find out more about the latest relief package.

Post said there’s “a lot to offset” because municipalities did not receive the state aid that was expected.

“Counties are still recovering from that as well as a lot of towns,” he said.