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County Legislature

Bausch to lead County Legislature with Maha, Dibble and Hilchey taking office

By Howard B. Owens

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Gary Maha, Gordon Dibble, and John Hilchey, the three newest members of the Genesee County Legislature, along with the rest of the Legislature, took their oaths of office Wednesday night prior to the Legislature's organizational meeting at the Old Courthouse.

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Robert Bausch, representing Elba, Byron, and Bergen, was chosen to chair the Legislature.

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From left, Pam LaGrou, clerk to the legislators, Gary Maha, Gordon Dibble, Shelly Stein, Andrew Young, Bob Bausch, John Deleo, Marianne Clattenburg, Gregg Torrey, John Hilchey, and County Manager Jay Gsell.

Molino: Poor communication at heart of Old Engine House redevelopment turbulence

By Mike Pettinella

Batavia City Manager Jason Molino admits that a communication breakdown has resulted in the confusion surrounding a proposal to redevelop the Old Engine House on Main Street with help from a Restore New York Communities Initiative grant.

“Maybe we all could have done a better job communicating,” said Molino, speaking by telephone tonight.

Ever since Molino’s memo to City Council dated Nov. 22 – a report that apparently wasn’t read by all council members prior to their Nov. 27 meeting (Thanksgiving came in between) – there have been numerous public comments criticizing the process.

Some of those comments placed the blame on the city manager for “jumping the gun” and others questioned the selection of Thompson Builds of Byron and Churchville as the developer.

A public hearing on the proposal to renovate the former restaurant into a commercial/residential building and to apply for a $1 million Restore NY grant to help fund it was scheduled for Monday afternoon, but was abruptly cancelled after Genesee County Manager Jay Gsell said the County Legislature wasn’t ready to declare the property as “surplus.”

This, as would be expected, cast a negative light upon all parties involved, especially Molino for bringing the project to City Council.

“(Cancelling the public hearing) caught me by surprise,” Molino said, noting that Gsell told him that the legislature needed more time to review the plan.

Currently, the Engine House, which is owned by the county, is the home to public defender offices and a facilities management shop.

Molino said he was aware that the county had been looking to surplus the property for some time – “a couple years,” he said – and that Julie Pacatte, coordinator of the Batavia Development Corporation, had referred a couple investors to the county.

“I know that Jay had people looking at it as well; multiple people already looked at it,” Molino said.

Molino said that Pacatte came to him with news that Thompson Builds was interested in renovating the building to have a commercial venture on the first floor and apartments on the second floor – and that he was excited by the prospect of putting the property back on the tax rolls.

“That was a few weeks ago,” Molino said, after the City submitted a letter of intent to apply for the grant and was accepted – matters that weren’t communicated to City Council.

“I could have done a better job of advising Council,” Molino said, adding that he also should have received confirmation that the county was ready to relinquish the building.

As far as the procedure to dispose of surplus property is concerned, Molino said the county had several options, including an auction, request for proposal (RFP) or “appraised value and straight deal contract.”

He said the City’s role was simply as a “pass-through” since the county was not eligible to apply for the Restore NY grant.

Molino said he knew of two interested investors, including Thompson Builds, but said that it was Pacatte who “worked with Thompson to develop it a bit more.”

Pacatte could not be reached for comment tonight.

For the record, Thompson Builds has done work at Genesee County Building 2, VA Medical Center, Genesee County Airport and Liberty Pumps in Bergen, and did major work at the Big Tree Glen apartment complex on West Main Street Road.

When it was pointed out that Pacatte reports to him, Molino acknowledged that “maybe I should have been involved more.”

Despite the setback, Molino said he hopes that City Council would consider applying for the grant in 2018.

“We need to come together and gear up for next year,” he said, “by communicating with the county on the disposal of the property and with the investor. By getting everybody on board, we should be able to move forward.”

Legislature chair 'disappointed' by decision to nix public hearing

By Mike Pettinella

Outgoing Genesee County Legislature Chairman Raymond Cianfrini today said he is "disappointed" by the decision to cancel a public hearing in connection with applying for a Restore New York Communities Initiative grant to possibly turn the Old Engine House into a tax-generating commercial/residential venture.

"I have been talking about disposing of property that we (the county) no longer needs for a couple years, and I had identified this property as one that should be sold," said Cianfrini, who is stepping away from the legislature at the end of this year.

"I am disappointed (because) this is a great opportunity for the city in that somebody is interested in redeveloping it, and a great opportunity for the county as it is an underutilized building. I wonder what impact this delay will have upon the developer."

Cianfrini said he was puzzled by the move to cancel the public hearing.

"From what I understand, (County Manager) Jay Gsell put it on hold by advising (City Manager) Jason Molino that the county needs more time to determine if it should be declared surplus property," he said. "It appears to have been his decision; I was not consulted and am not in the loop."

Cianfrini said that County Highway Superintendent Tim Hens has communicated to him that the facilities management employees and equipment could move to the highway department on Cedar Street.

"We've already moved the History department to County Building II and as far as the public defenders are concerned, I'm sure there is space in the courthouse," he said. "I don't see why we should continue to pay to maintain the building. Why is this happening now, at the last minute?"

Incumbent Republicans sweep Council race; Maha leads by 62 votes for County Legislature seat

By Mike Pettinella

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Eugene Jankowski, Robert Bialkowski, Adam Tabelski.

City Republican leaders and supporters were in a celebratory mood tonight at City Slickers on Main Street after learning that Batavia voters sent their three incumbent candidates – Eugene Jankowski, Robert Bialkowski and Adam Tabelski – back to City Council for another term.

In an eight-person race for three at-large seats, Jankowski (the sitting City Council president) tallied 1,101 votes, Bialkowski 1,069 votes and Tabelski 912 votes, according to unofficial results compiled by Republican party committee members.

Bill Fava, a former City Councilman, placed fourth with 788 votes, followed by fellow Democrat Brad Eddy (563) and the three Libertarian Party candidates – Lisa Whitehead (409), Jim Rosenbeck (407) and Mark Potwora (249).

In the contested race for the District 9 seat (City Wards 4&5) on the Genesee County Legislature, the unofficial count showed former Genesee County Sheriff Gary Maha, a Republican, drawing 364 votes to incumbent Democrat Edward DeJaneiro Jr.’s 302 votes, with 79 absentee ballots yet to be counted.

"We're very pleased with the results, and very confident that Gary (Maha) has beaten a good and tough candidate for the Legislature seat, and that the other (City Council) candidates won by a decent amount," said City Republican Party Chair David Saleh, crediting his committee for their hard work during the campaign.

Republican Message: Let's Get Back to Work

All three City Council winners said that the results indicated that the voters are happy with the job they have been doing, and that they need to stay the course.

"We appreciate all the support we have had across the city and now for us, it's back to work," Tabelski said. "We've got a lot of great things going on in the city. We've got a major focus right now on downtown revitalization. We have infrastructure projects going and, for us, it's back to work."

Jankowski said that he was glad that people are supporting what the Council has been doing, also mentioning the pending infrastructure projects and downtown revitalization plans.

"It's good to hear that the people are behind us ... and we're on the right track. We're doing what they want us to do."

Bialkowski talked about the time and effort put in by his party as a deciding factor.

"I think when the voters speak, people need to listen," he said. "One of the things that we did as the Republican party -- we worked very hard, we abided by all the laws and ordinances of the city. We didn't put our signs in parkways or put them on people's property without asking.

"We had a clear message -- we're working hard. We may not do everything right all the time, but we're sure trying."

He also gave a lot of credit to Saleh.

"On the city side, our city Chairman Dave Saleh deserves a lot of credit," Bialkowski said.

"He's worked very hard with us, and given a lot of his personal time. He's gone out and handed out materials door to door. He's had quite a few meetings. He's helped us all along the way ... And it was a real learning curve for him, too." 

Eddy, Libertarians Keep Their Chins Up

Eddy, a political newcomer, was optimistic in defeat, stating that he enjoyed campaigning and kept the door open for a future run.

"I really enjoyed getting out and meeting a lot of people in the community," he said. "There’s a lot of great ideas, a lot of people that are unhappy with the progress we’ve had so far. So that kind of motivated me to getting out there and campaigning – and really getting to know the community a little better and getting my ideas out there as well."

He said the "lack of name recognition" likely hurt his chances, but he also tipped his cap to the diligence of Batavia's leaders in the area of economic development.

"(Them) getting that $10 million – they’ve been working very hard for that -- for the downtown revitalization. (It seems that voters) wanted the status quo, and wanted things to go the way that things have been … until next time."

The three Libertarian candidates, running on a platform to replace City Manager Jason Molino, understood that they had an uphill climb, but, speaking at T.F. Brown's, remained steadfast in their quest to have an impact on city government.

"It's a platform that we believed in (and) we continue to believe that," Rosenbeck said, "The people chose a different path and we wish the incumbents who were re-elected well.

"We will be back here again in two years and four years. We're making incremental gains and we expect to continue to do that."

Potwora said the Libertarian trio "did a lot of work, we canvassed a lot of people, we met a lot of good people and we feel we did make some impact on City Council."

"We did show up at a lot of City Council meetings, and we just believe that we were a good voice for the people of Batavia who supported us in this race. It's kind of tough being a third party, but we feel we did the hard work that was needed."

Maha Back in the County Ring

Maha, who retired on Dec. 31 after seven terms as sheriff, said he's ready to resume working for the people should his lead over DeJaneiro hold up.

"As you know, I retired the first of the year, I got all of my work done around the house and now I have time to do something and I feel that I want to represent the people here in Wards 4 and 5 in the City of Batavia," he said,

While saying he's not pushing for a particular type of new jail, Maha did stress that something needs to be done.

"With the Legislature there are a lot of issues out there. I know my opponent tried to make the jail an issue. And the media never talked to me about what my position was on the jail, it came from him, I tried to explain that to (a media outlet)."

He said that all options are on the table, and that the Legislature has addressed the jail issue.

"Still, the state commissioner of corrections has said you need to do something with your jail," he said.

"It could be a shared jail with another county. Orleans County at the present time hasn't committed to have a shared jail yet. The county has a study out there for a jail. It's kind of premature that it will be a shared jail or a stand-alone. That's something that the full Legislature has to address, not just me."

"I'm no longer sheriff. I'm not pushing for a new jail. My job is to look out for the taxpayers, and ... I will represent them to the best of my ability."

In another contested races:

Town of Le Roy -- Former Councilman John Duyssen defeated incumbent Michael Welsh for Town Justice by 79 votes, and Town Council: Incumbent David Paddock won one of two council seats, with the other going to newcomer James Farnholtz.

Town of Bergen -- James Starowitz and Mark Anderson won Town Council seats;

Town of Bethany -- Incumbent Town Justice Thomas McBride defeated challenger Joseph Nowakowski.

Town of Byron -- Roger Rouse over Gerald Heins for Town Supervisor.

Town of Stafford -- Newcomer Julie Scheuerlein defeated Michelle McEwen by a wide margin for Town Clerk, and incumbents Ronald Panek and Robert Mattice were returned to their Town Council posts.

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Gary Maha, center, checking out the unofficial vote total.

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Paul Viele and Jack Taylor go over election results.

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Genesee County Democrats at Smokin' Eagle in Le Roy -- Rob Stiles, Mike Welsh, Nikki Calhoun, Brad Eddy, and Anne Sapienza.

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Libertarian Party candidates Lisa Whitehead, Jim Rosenbeck, Mark Potwora. Photos by Howard Owens.

Incumbent Republicans sweep Council race; Maha leads by 62 votes

By Mike Pettinella

City Republican leaders and supporters were in a celebratory mood tonight after learning that Batavia voters sent their three incumbent candidates – Eugene Jankowski, Robert Bialkowski and Adam Tabelski – back to City Council for another term

In an eight-person race for three at-large seats, Jankowski (the sitting City Council president) tallied 1,101 votes, Bialkowski 1,069 votes and Tabelski 912 votes, according to unofficial results compiled by Republican party committee members.

Bill Fava, a former City Councilman, placed fourth with 788 votes, followed by fellow Democrat Brad Eddy (563) and the three Libertarian Party candidates – Lisa Whitehead (409), Jim Rosenbeck (407) and Mark Potwora (249).

In the contested race for the District 9 seat (City Wards 4&5) on the Genesee County Legislature, the unofficial count showed former Genesee County Sheriff Gary Maha, a Republican, drawing 364 votes to incumbent Democrat Edward DeJaneiro Jr.’s 302 votes, with 79 absentee ballots yet to be counted.

This is a developilng story. 

Q&A with the candidates for District 9 Legislature

By Howard B. Owens

There will be local elections Nov. 7. 

The one contested race for County Legislature is in District 9 where retired Sheriff Gary Maha is challenging incumbent Ed DeJaneiro. We asked each candidate to answer five questions. Below are their verbatim responses.

Q&A with Ed DeJaneiro

If elected, what’s your #1 priority? To insist on maintaining the County Sharing of Sales Tax with the City of Batavia as agreed 16 years ago with the Water Agreement. Also if and when the County is faced with the decision to alter or build a County Jail that we explore all possible cost alternatives to include a joint jail facility with another county. State consolidation incentives may be available. We must continue to improve infrastructure roads and bridges and provide public water to county residents and businesses. We need to maintain a level property tax (stay under the 2% tax cap) and use proceeds from the sale of the nursing home if needed.

What can you do if elected to help improve the business climate
in Genesee County?
Continue to support GCEDC efforts and promote our shovel-ready industrial sites for business to move here and create jobs. Maintain a friendly governmental approach with businesses and take advantage of State and Federal incentives.

What services currently provided by the County should be cut or eliminated, if any? How and why? We need to aggressively investigate consolidation of services where ever possible and provide the current county services in a more efficient matter.

What business, leadership, or economic training and experience to you have that make you more qualified for a job on the Legislature over your opponent? I have served as a City Councilperson for 10 years, Legislator for 16 years. I have worked in private business for 38 years of which as a manager of a savings and loan for five years and as an account manager in the supply distribution industry for 33 years. I manage the accounts for over 100 small businesses in Western New York. I also have a graduate degree in Public Administration.

What one, two, or three books first published within the past 250 years has most influenced your thinking about society and government? Miracle at St. Anna, Rediscover Catholicism, The Seventh Step, My Shadow Ran Fast.

Q&A with Gary Maha:

If elected, what’s your # 1 priority? My # 1 priority is keeping taxes low and improving the quality of life in the City of Batavia and Genesee County. I would also like feedback from the residents of Wards 4 & 5 as what they perceive as priorities.

What can you do, if elected, to help improve the business climate in Genesee County? Improvement of the business climate in Genesee County must be a collaborative effort among all involved agencies, organizations, governments and the community. Including, but not limited to: Genesee County Economic Development Center (GCEDC), Batavia Business Improvement District (BID), Genesee County Legislature, Batavia City Council, County Manager, City Manager and members of the community. As a County Legislator, I would encourage such collaboration and/or facilitate such collaboration. Keeping property taxes under control is essential to improving the business climate in Genesee County and as Legislator; this would be my primary goal.

What services currently provided by the County should be cut or eliminated, if any? How and why? At this time I am not recommending any services currently provided by the County be cut or eliminated. If elected, I intend to meet with every department head to get an in-depth review of the programs and services offered and then formulate a position to determine greater efficiencies.  County departments and their programs and services need to be reviewed and evaluated annually for effectiveness and if they are cost-effective.

What business, leadership, or economic training and experience do you have that make you more qualified for a job on the Legislature over your opponent? I am in a unique position as a candidate for the County Legislature as I have served this community as their Sheriff for 29 years, overseeing a total of approximately 130 employees and an approximate 13 million dollar budget. I am familiar with County government and its operations. If elected to the County Legislature, my experience as a department head would be an asset to the residents of Wards 4 & 5 and the Genesee County Legislature. I have held leadership roles locally, in New York State and nationally. I was Past Chair of the Genesee County Traffic Safety Board; Past Chair of the Genesee County Criminal Justice Advisory Council; Past President of the New York State Sheriffs’ Association; Past Chair of the New York State Sheriffs’ Association’s Executive Committee, Past Vice-chair of the National Sheriffs’ Association’s Criminal Justice Information Systems/Technology Committee, and Past President of the Kiwanis Club of Batavia. I am a graduate of the F.B.I. National Academy, Quantico, VA where I received training in leadership, decision making, and management. I have also attended numerous courses and training seminars related to personnel management, homeland security, counterterrorism, incident command system, media relations, and law enforcement liability. This training and experience is an asset to my qualifications as a candidate for the Genesee County Legislature.

I am a lifelong resident of Genesee County and have been a resident of Vernon Avenue in the City of Batavia for almost 50 years. I have been an active member of the Kiwanis Club of Batavia for 29 years, serving the children of our community. I am a U.S. Army Veteran and have received numerous awards and accolades while serving as Sheriff of Genesee County. My wife, Susan, and I have raised our two daughters in Batavia and we care deeply for this community.

I serve as a member of Genesee Community College’s Criminal Justice Advisory Board and previously served as a member of Genesee Community College’s Housing and Ventures Committee. I also served as a member of the New York State Executive Committee on Counterterrorism, the New York State Local Law Enforcement Accreditation Council (Governor’s appointment), the New York State Interoperable & Emergency Communications Board (Governor’s appointment), and the National Sheriffs’ Association Homeland Security Committee. 

I feel my vast experience and training over the years makes me more qualified for the position of County Legislator than my opponent. I have served the people of Genesee County for my entire career and hope to continue that service as your County Legislator.

What one, two or three books first published within the past 250 years has most influenced your thinking about society and government? I recently read the book entitled “The Swamp” by Eric Bolling which discusses corruption and cronyism in Washington, DC. It was stated that cronyism involving sex, bribery, blackmail and backroom deals contradict public policies and cost taxpayers millions and billions of dollars. Personally, this is very disturbing to me being a taxpayer and the fact that I taught ethics for several years to new Sheriffs at the New Sheriffs School sponsored by the New York State Sheriffs’ Association.

I have also read several books pertaining to corruption over the years within the NYPD and books pertaining to leadership including “Leadership Under Fire” by Brigadier General Nick Halley and “Vigilance” by former NYPD Commissioner Ray Kelly.

GC Legislator Gregg Torrey honored for graduating from NYSAC County Government Institute

By Billie Owens

Press release:

Genesee County Legislator Gregg Torrey is being honored by the New York State Association of Counties (NYSAC) for graduating from the NYSAC County Government Institute. The ceremony will be held at the NYSAC Fall Seminar in Syracuse on Wednesday.

The County Government Institute is an educational collaboration between NYSAC and Cornell University to provide training to county leaders. Curriculum includes required courses on building consensus, financial management, ethics, management, and the foundations of county government.

“The NYSAC County Government Institute has been a great platform to meet with County Leaders throughout the State to discuss the issues that we all face,” Torrey said.

William E. Cherry, NYSAC president and Schoharie County treasurer, hopes for experiences such as Torrey’s.

“The County Government Institute equips county officials with the knowledge, skills, and tools necessary to address the challenges and opportunities of leadership, and to engage in civil dialogue with constituents as well as fellow leaders,” Cherry said.

Torrey is currently serving his second term as a Genesee County legislator. He also serves as a member of the Board of Directors for the Genesee Gateway Local Development Corporation, and on the Public Service Committee. In addition to his work with the county, Torrey works as a commercial real estate agent and licensed real estate appraiser across New York State and is the is the managing partner of Springbrooke Properties LLC.

“The Institute’s vigorous curriculum prepares county leaders with the skills and knowledge necessary to meet the increasing demands of local government leadership in now and in the future,” said NYSAC Executive Director Stephen J. Acquario.

CGI courses are offered at NYSAC’s upcoming Fall Seminar in addition to an annual Legislative Conference in February, and Finance School in May. Courses are also offered regionally throughout the year, and enable county leaders to stay up-to-date on timely issues and opportunities in local government.

“This [Institute] has allowed me to bring new information and ideas back to Genesee County and has made me a more effective legislator,” Torrey said.

For more information about the County Government Institute, visit www.nysac.org/cgi.

The New York State Association of Counties is a bipartisan municipal association serving the counties of New York State including the City of New York. Organized in 1925, NYSAC’s mission is to represent, educate and advocate for Member Counties and the thousands of elected and appointed county officials who serve the public.

Mandated public forums to be held in Old Courthouse to gather citizens' ideas for shared local government services

By Billie Owens

Press release:

New York State, as part of the Adopted 2017/18 State Budget, included another mandate on all local governments, and possibly school districts. It is the requirement to discuss and develop shared service ideas and plans for eventual submittal to the Genesee County Legislature in August/September. Then, these must be submitted to the NYS Department of State by Oct. 15.

Part of the process for discussing and developing these public-sector shared-service plans is to have public meetings/opportunities for citizen input. These provide forums to take suggestions on opportunities for possible public-sector shared services that have not already been put forth or are not already in place.

In order to satisfy this public-forum mandate, the GC Legislature will hold an open comment period at the beginning of each of its next three legislative body meetings. These will take place at approximately 5 p.m. on July 12, July 17, and Aug. 9 in the third-floor chambers of the Old Courthouse, located at 7 Main St. in the City of Batavia.

City Republicans back Maha for legislature, three incumbents for City Council

By Mike Pettinella

City Republican Committee Chairman David Saleh's confidence in his party's slate of candidates soared Monday night with the news that former Genesee County Sheriff Gary Maha will be running for a seat on the County Legislature.

"All of our County Legislature candidates have done a very good job and Gary will be a great addition," Saleh said this morning, hours after City GOP representatives endorsed Maha for the legislature's Ninth District seat, a position that covers the City of Batavia's fourth and fifth wards.

"With a new (county) jail a major issue, and other key decisions to be made, Gary's experience is unparalleled."

City Republicans also backed City Council President Eugene Jankowski Jr. and At-Large Councilmembers Bob Bialkowski and Adam Tabelski for at-large positions in November's elections.

"We've got good continuity on City Council and we're going in the right direction," Saleh said. "In terms of experience, these three men bring value to city residents. All in all, we're very hopeful for November."

Jankowski has served as City Council president since 2016, and will be seeking his second term on the board.

Saleh said the GOP committee will conduct its chicken BBQ fundraiser on May 21 and "pull together with the candidates to prepare for the election."

City, county leaders pledge to work together toward new sales tax allocation agreement

By Mike Pettinella

The complexities involved in sales tax distribution, especially as it is related to water usage and water treatment facilities, have prompted City of Batavia and Genesee County leaders to re-evaluate their path to reaching a new allocation agreement.

City Manager Jason Molino, speaking at Monday night's City Council meeting, said that "a lot of different complex issues are on the table" than there were 17 years ago when the sales tax allocation pact between the county and city originated.

"We're looking at how to approach this collectively," he said, in reference to a committee of city and county personnel that has been put together to carve out a new plan to replace the current one that expires in February 2018. "There are hundreds of millions of dollars involved here."

City Council, understanding that negotiations are ongoing, passed a resolution last night stating its intent to extend the sales tax agreement -- without modification -- with the county. Previously, Genesee County legislators voted to terminate the agreement in the event that talks on a new contract stalled.

As it stands now, the terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent.

Molino has stated that the city's 16-percent share is more than it would receive if the sales tax/water treatment contracts weren't in place, adding that the city pays the county a surcharge of 60 cents per 1,000 gallons of water used and in return the county leases the water treatment plant from the city and reimburses the city for operational costs.

Additionally, the city buys water from the county (at a discounted rate) and the county sells water outside of the city. The revenue from the sale of water goes to pay for the infrastructure needed to distribute water to the towns.

The "oversight committee" is comprised of Molino and Genesee County Manager Jay Gsell; City Council members Eugene Jankowski and Kathleen Briggs; Genesee County legislators Raymond Cianfrini, Marianne Clattenburg and Robert Bausch; Bergen Town Supervisor Donald Cunningham, and Darien Town Supervisor David Hagelberger.

Meetings are scheduled over the next few weeks and progress reports will be given to the committee, Molino said.

This is good news to Council President Jankowski, who said Council is invoking "short deadlines (because) we're not going to let this go."

He also said he believes the team approach is the best way to proceed.

"It's important that there are concessions both ways, and that there is an understanding of each other's situation," he said.

City Council urged to declare its intent to extend sales tax pact with Genesee County

By Mike Pettinella

Extending a sales tax allocation agreement with Genesee County, a pact that is set to expire in February 2018, would be in the "best interest of the city and residents of the county," City Manager Jason Molino said to City Council at the governing body's Conference Meeting Monday night (Oct. 24).

Council is being asked -- via a resolution that will be considered at its next Business meeting on Nov. 14 -- to notify the county of its intent to extend the agreement without modification by Dec. 1, per terms of the contract.

The Genesee County Legislature, however, may not be so eager to continue the agreement as currently written, Molino said, and some legislators already have expressed a desire to delete this "notification clause" going forward.

"I would want to see that kept in as it serves a definite purpose -- what is your intent?" Molino said.

Molino gave a brief history of the sales tax allocation agreement, stating it originated in 1999 "in tandem" with the water treatment plant and water treatment facilities agreements and addresses the Genesee County public water supply system program, economic development and water demands in the county. 

The current terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent. 

Molino said the city's 16-percent share is more than it would receive if the sales tax/water treatment contracts weren't in place.

He explained that the city pays the county a surcharge of 60 cents per 1,000 gallons of water used and in return the county leases the water treatment plant from the city and reimburses the city for operational costs.

Additionally, the city buys water from the county (at a discounted rate) and the county sells water outside of the city. The revenue from the sale of water goes to pay for the infrastructure needed to distribute water to the towns.

"It's a comprehensive rural approach where everybody is sharing the resources," Molino said.

Negotiations between city and county leaders are ongoing, Molino said, adding that if a "regional solution isn't obtained by July 1, 2017, that City Council may be requested to extend all three agreements for a one-year term, ending Feb. 8, 2019, to provide sufficient time to finalize and execute new agreements."

He said this would give the Office of the State Comptroller time to review, approve and process the amendment to the sales tax allocation agreement as required by state law.

Molino said that since all three agreements are "intertwined and dependent upon each other," any future accord must continue the existing relationship.

Council President Eugene Jankowski Jr. and Council Member Kathleen Briggs are representing the city in talks with the county. Jankowski said that County Legislator Marianne Clattenburg, whose district is in the City of Batavia, also is involved in the negotiations and is "protecting our interests."

In other action, Council moved to its Business meeting, resolutions to:

-- Accept a $1,500 state grant for a child safety seat program; a $3,394 grant from Genesee County STOP-DWI for road checks, saturation patrols and impaired driving crackdowns on eight specific dates starting on Halloween and ending on Labor Day 2017; and an $11,400 state grant to participate in the statewide Police Traffic Services Program. The goal of the program is to increase seat belt use and reduce dangerous driving behaviors.

-- Develop an Americans with Disabilities Act (ADA) transition plan. The document is a regulatory requirement, said Public Works Director Matt Worth, that identifies "noncompliance in pedestrian accessible routes and facilities in the cilty's right-of-way, and outlines a plan and schedule for corrective action."

-- Transfer $83,050 from the construction line to the right-of-way acquisition line for the Healthy Schools Corridor sidewalk project set for next year. Worth said this became necessary after it was discovered that there were three properties in which the new sidewalk would encroach on private lands requiring either a permanent easement or property taking.

Genesee GOP backs Kevin Earl for County Attorney post

By Mike Pettinella

The Genesee County Republican Party Committee on Tuesday recommended Batavian Kevin Earl for the position of Genesee County Attorney, replacing Charles Zambito, who will be taking over as Genesee County Court Judge on Jan. 1.

Earl, a lawyer for 38 years and former mayor of the Village of Le Roy, was selected over Mark Boylan of Le Roy at a meeting of the County GOP at the Old County Courthouse.

"Both were impressive and qualified candidates," said Richard Siebert, County GOP chairman, noting that Earl's willingness to relinquish his private practice and responsibilities for the towns of Batavia, Elba, Stafford and Oakfield likely swung the vote in his direction.

The Genesee County Legislature made the position a full-time one last year, setting the annual salary at $124,000. According to Legislature Chairman Raymond Cianfrini, the panel is expected to take action on the recommendation at its Sept. 14th meeting.

Earl, 64, said he has done a lot of work for the Republican Party over the years.

"I am grateful for the support of the Republican Party Committee, and am looking forward to working for the Legislature," he said.

A Batavia High School graduate, Earl went on to receive degrees from Cornell University and the University of Buffalo. He and his wife, Cathleen, are lifelong Batavians.

In another development, Siebert said the GOP appointed Genesee County Clerk Michael Cianfrini to serve the remaining year of the New York State Committee term vacated by LeRoyan John Rizzo. Barbara Eddy, of Alexander, is the other GOP representative from the 139th Assembly District on the NYS Committee.

GC Legislator Shelley Stein to be honored for completing County Government studies

By Billie Owens

Rochelle (Shelly) Stein, Genesee County Legislator, will be honored next week by the New York State Association of Counties (NYSAC) for graduating from the NYSAC Pelletier County Government Institute. The ceremony will be held on Tuesday, Sept. 22, at the 2015 NYSAC Fall Seminar in Lake Placid.

The NYSAC County Government Institute is an educational program established in conjunction with Cornell University. The Institute provides an educational program for county elected and appointed officials, to enhance the knowledge, skills and abilities of county officials. For more information, visit www.nysac.org.

Stein has served two terms as a Genesee County legislator, representing the Town and Village of Le Roy. She serves on the Human Services Committee and is highly engaged in the business of agriculture in the county and region. She seeks innovative ways to reduce the cost of government to local residents through collaboration and cooperation in all levels of government.

“The Institute’s vigorous curriculum prepares county leaders with the skills and knowledge necessary to meet the increasing demands of local government leadership in 2015 and beyond,” said NYSAC Executive Director Stephen J. Acquario.

Anthony Picente, president of NYSAC and Oneida County executive, agrees. “The County Government Institute equips county officials with the knowledge, skills, and tools necessary to address the challenges and opportunities of leadership, and to engage in civil dialogue with constituents as well as fellow leaders.”

The County Government Institute's comprehensive curriculum includes extensive course work on government ethics, building consensus in a political environment, principles of county budget and finance, and public sector labor/management relations. The courses are supplemented with electives, training sessions, and continuing education courses designed to support county leaders in serving their constituents.

“The Pelletier Institute gave me the opportunity to build on my previous local government experience, learning other styles of government and finding a path toward reducing conflict while providing necessary services at an affordable cost,” Stein said.

The New York State Association of Counties is a bipartisan municipal association serving the counties of New York State including the City of New York. Organized in 1925, NYSAC’s mission is to represent, educate and advocate for Member Counties and the thousands of elected and appointed county officials who serve the public.

County Legislature declines proposed contract with Deputy Sheriff's Association

By Traci Turner

The Genesee County Legislature objected to a salary increase in the proposed union contract with the Deputy Sheriff's Association at the Ways and Means Committee meeting Wednesday night.

The proposed contract called for a 7.5-percent salary increase over three years. County officials said the total cost of deputy salaries for three years would be more than $390,000. The contract would have covered 46 employees.

For the legislature to make a decision, Jay Gsell, county manager, provided information on deputy union contracts in adjoining counties and all of their salary increases were lower. According to county officials, the salary increases stated in deputy contracts in Orleans County and Livingston County were 2 percent for two years.

"I think based on the numbers involved and what it's going to cost the county I think it's excessive," Legislature Chair Raymond Cianfrini said. "If this contract came from any other union in the county, I would have had the same objection."

The legislature recently approved a management salary schedule for an average 1-percent increase for five years in an attempt to bring nonunion employees in line with what they pay union employees. According to Cianfrini, if the legislature approved the Deputy Sheriff's Association contract it would be unfair to other management employees.

Cianfrini hopes to resolve the contract issue with the Deputy Sheriff's Association as soon as possible.

Davis settling in as newest member of the County Legislature

By Howard B. Owens

County government involves a $140 million budget, more than 700 employees in 27 departments, guided by a myriad of state and local laws, a tiered committee and commission structure and covering topics as diverse as criminal justice, mental health, roads and bridges and government assistance programs.

It would be impossible for any new member of the Genesee County Legislature to "hit the ground running."

The shared wisdom among local government observers is it takes at least a year to get even a basic knowledge of how the county operates.

With that in mind, the Legislature's newest member, Darien's Mike Davis, is taking a measured approach to learning his new job.

He's attending every committee meeting he can, making the rounds to various county departments and listening and reading.

"I need to learn what it's all about," Davis said. "I need to go to all of them (committee meetings) right now to understand the breadth of what's going on. Jay (Gsell, county manager) has taken me to on maybe a one-third tour of the county departments to meet the department heads and employees, and I'll continue to do that. We're going to schedule another one next week. I'll try to see who all these people are -- some 700 employees -- and figure out who does what and where."

Davis was a town justice in Darien and he said he's taking the same approach he did when first appointed to the bench: work hard and learn.

"I think I use common sense, and that's how I'm going to approach this," Davis said.

Davis's first committee assignment is Human Services, taking the slot once filled by Annie Lawrence, who is now supervisor in the Town of Pembroke.

Appointed to the office, he'll run for election in November.

Darien town justice tapped as new member of County Legislature

By Howard B. Owens

A Town of Darien justice has been tapped to become the newest member of the Genesee County Legislature.

Michael Davis, a town justice for about five years and employee of the Upstate Niagara Milk Cooperative, will replace Annie Lawrence, who resigned to become Town of Pembroke supervisor.

County Republicans selected Davis to fill the vacant seat -- which must be filled under county law by a person from the same party as the person who left the seat -- and Wednesday, the Ways and Means Committee voted unanimously to recommend the appointment to the full legislature.

The legislative vote is expected at the start of its meeting next week and Davis would be sworn into office immediately. 

Before then, Davis is expected to resign as town justice.

The committee also reappointed Lori Longhany as the Democratic Party's commissioner on the Board of Elections.

Also on Wednesday, the committee approved the hiring of Ruth Spink as director of the Office for the Aging, who will replace Pamela Whitmore. Whitmore is retiring at the end of the month.

What's Important to the County Legislature?

By Tom Frew

Genesee County Deputy Frank Bordonaro, as demonstrated by his funeral, was an exceptional cop.  He was also a dad and husband who did it all.  Coached several youth sports, managed the household during the day and somehow kept it all afloat.  I worked for over 20 years directly and indirectly with his wife Robin at Eastman Kodak Company.  They were a team and have raised two exceptional young men in Bryce and Chase.

Frank’s passing could never have been expected.  A physical specimen, a fit and well groomed guy.  Who would have guessed?  Frank gave everything he had to his career.  I saw him in action at a serious fire in our neighborhood.  He was the consummate professional.  His day was never done.  It often leaked beyond his normal quit time which would delay Robin’s morning departure and arrival to Kodak.  He was dedicated to the nth degree to his career and to Genesee County.

Any unexpected passing creates colossal disruption to those closest to the deceased.  Shock, dismay, frustration, sadness, the words can go on and on.  This gnaws on both the emotional and less obviously the financial side of the family unit.  Tasks that need to be done, bills to be paid, life goes on yet with one income. 

Frank Bordonaro had built up through his years with Genesee County the maximum number of sick days.  This equal to one year of pay.  The funds for this are accrued or “banked” by the county in a fund for those times when the deputy needs them for health reasons.  Frank also had 19 years of active time with the County.  This one year short of making him “retirement eligible”.  I don’t think Frank, with two adolescent sons, was going to retire anytime soon but he was a year from being eligible.

Shortly after Frank’s passing, the Genesee County Sheriffs voted to not hold the county contractually responsible and encouraged the County Legislature to pay some portion of Frank’s sick time. This to possibly assist in Healthcare or for services covered by Frank’s compensation package in the past. 

And now the purpose of this editorial.  Our County Legislature elected not to pay this, even a percentage less than full.  Not one penny.  Shame on our County Legislature.  This is money sitting in a fund.  A great thanks and message of appreciation to one of their most dedicated servants taken way too soon.  Not a great demonstration of heart, compassion and appreciation.  Possibly some potential, large, retail chain needed tax relief.  So sacrifice a dedicated servant’s family?  Now I understand…..

Tom Frew

LeRoy

County Legislature recognizes June as Dairy Month

By Howard B. Owens

In honor of Dairy Month, the Genesee County Legislature presented Dairy Princess Kayla Wormuth with a proclamation recognizing the contribution dairy makes to the local economy and the nutrition of people. Legislator Shelly Stein, right, presented the resolution. Also participating were dairy ambassadors Becca Slattery and Mary Sweeney, and Georgia Luft, dairy maid.

 

With goal of going paperless, legislators issued iPads

By Howard B. Owens

Amid the piles of papers on the glass-topped conference table in the Old Courthouse yesterday were shiny new iPad Airs.

Each member of the Legislature had one and with varying degrees of success were trying to adjust to reading their agenda and background material on the Gorilla Glass screens. Some members found everything they needed on the tablets. Others still sifted through papers.

It's going to be an adjustment, Chairman Ray Cianfrini said, as the Legislature tries to go paperless. The county won't be able to quit paper cold turkey.

"It's new. We're learning," Cianfrini said. "Everything I'm seeing, though, this is going to transform the way we do business and it will save money. I think it's great. I've been advocating for us to go paperless since I first came on the Legislature when I saw how much paper we generate."

According to Cianfrini, the county spends $35,000 a year on printing agendas and back-up material for the nine members of the Legislature. They go through 1,098 cartons of paper a year, printing on more than five million sheets of paper.

The iPads should eventually eliminate all most all of that paper, Cianfrini said.

Newer members of the Legislature such as Greg Torrey, above with Bob Bausch, and Andrew Young, acted a bit as mentors during the Human Service Committee meeting, helping other members learn how to use their new iPads. Young recommended members change a setting so the iPads wouldn't go to sleep after two minutes of not being touched (requiring a new login to see the screen). Torrey showed Bausch how to access something on the iPad.

"We have an excellent working group," Young said. "From a personal perspective, this is all new to me over the last three months and I've had more than my share of help, so if I can help somebody change the time on their iPad, it's a bit of a payback."

Bausch said there is a learning curve and adjustment, but he also thinks the switch is necessary.

"We don't have any choice," Bausch said. "We have to go this direction just because of the amount of paper we push every week. There's just some fine-tuning to work on managing it."

The one concern Bausch has is the perception of speakers during committee meetings. Will they still feel Legislators are paying attention to them when they've all got computers open in front of them?

"It's one thing when you've got a pile and you glance down and glance back up," Bausch said. "It's a different perception than when you're looking at a computer screen. For our regular visitors who come in only once or twice a year I want to make sure they feel comfortable and make sure we don't look like a bunch of geeks sitting there messing with our computers."

Cianfrini shares that concern and said it's one of the things Legislators will need to learn to manage.

"Remember, this is all new to us," Cianfrini said. "We're just learning as we go. I'm just waiting for the time I can say, 'we made it. We're paperless.' "

Cianfrini says he's ready for the challenge of leading Genesee County government

By Howard B. Owens

The Ray Cinanfrini era of the Genesee County Legislature has officially begun and the lifelong Oakfield resident certainly has some plans to try and make an impact.

In the top drawer of the desk in his county office Cianfrini keeps a sheet of 8 1/2 by 11 inch piece paper filled from top to bottom with ideas he would like to pursue.

Whether any of them are ever brought forward, pan out or receive the support of the other eight members of the county's legislative body, only time will tell.

"I think this job is going to be a challenge," Cianfrini said. "We have a group of legislators who are dedicated. We have some new members who are young and energetic. I'm excited, but I'm also a little scared. Whatever happens, I'm going to give it everything I've got to ensure the county is in as good of shape, if not better, than when I took over."

Cianfrini, who served seven years as the mayor in Oakfield before being elected to the Legislature in 2007, replaces Mary Pat Hancock, who held the chair for 13 years.

Hancock's former office has been cleared of its mementos, photos and paintings. The walls are now bare. Since taking over the job, Cianfrini said, he simply hasn't had time to deal with decorations.

"I used to say I was a full-time attorney and a part-time legislator," Cianfrini said. "I think the roles have been reversed right now."

The job will be daunting, no doubt, in a time when state government is more and more burdensome, infrastructure is aging and the county struggles to find ways to grow its economic base, there's nothing easy about leading a whole county.

Cianfrini is an unabashed booster of Genesee County, but he's also more than aware of the problems we face.

"I don't like the idea that we might lose industry," Cianfrini said. "I hope we're able to maintain the high level of active, large employers we have. Agriculture, of course is a big industry for us and we have the two new yogurt plants, so I'm hoping our dairies will be around for a long time. If anything scares me, I would hope crime does not seep into Genesee County. I know we have crime, but I hope we don't get the overflow of crime that seems more prevelent in the larger cities around us. And I worry about whether our children will have a place to find jobs locally."

That focus on jobs and industry is one reason Cianfrini appointed himself as the Legislature's representative on the Genesee County Economic Development Center Board.

While Cianfrini has gained a reputation as something of a GCEDC critic at a time when many local residents worried about seeming excesses in the agency, Cianfrini said his position about the IDA is often misunderstood.

"My criticism in the past has been focused on their operations, their internal operations, in particular their compensation for employees," Cianfrini said. "I've never criticized the GCEDC in their performance. I think they do a bang-up job. I think they're intelligent and hard-working people. I'm not in there with an agenda. I'm not there to impose on them any of my particular feelings. I'm there to learn more about the GCEDC. I'm there to help, if I can."

Top on Cianfrini's agenda is assisting the development of the STAMP (Science, Technology & Advanced Manufacturing Park) project in Alabama, which is part of his district.

"I'm a huge supporter of STAMP," Cianfrini said. "It's a transformational project that's going to be a tremendous economic boost for Genesee County."

It's in the county's best interest, Cianfrini believes, for GCEDC to succeed in attracting new business and growing local industries and he's supportive of those goals.

"I know this may sound crazy, but I'm going to be there rooting for them to achieve their goals and create new opportunities for economic development."

At the same time, he said, he's mindful of his responsibility to provide both oversight and communication about GCEDC activities for the rest of the Legislature.

"I am there as the only representative of the county Legislature, so I will scrutinize what goes on. If there's issues that I think need to be addressed, I'll bring those back to the Legislature," Cianfrini said. "I did not put myself on the board soley for the purpose of changing the way in which they do business. I'm there to learn. I'm there to offer any assistance I can, but if there's something I don't think is right, I'll be, as most people know, the first person to bring that to the attention of the Legislature."

The 68-year-old Cianfrini graduated from Oakfield-Alabama High School in 1963. His undergrad degree is from the University at Albany and he was drafted into the Army after his first year in law school. Following a two-year hitch, Cianfrini completed his law degree in 1972 and moved back to Oakfield.

He has practiced law in Oakfield for 42 years.

He's married. His wife, Karen, is a nurse at UMMC. They have three children.

Their oldest son, Michael, 39, is also an attorney. He and his wife, Melissa, worked for big law firms in Pittsburgh, but decided they wanted to move to Oakfield to practice law and joined Cianfrini's law firm more than 10 years ago. Late in 2013, Michael Cianfrini was appointed deputy county clerk. Melissa Cianfrini is in her third year as an assistant district attorney.

Daughter Christy Connor is an epidemiologist in San Diego. She and her husband have three children.

The Cianfrini's youngest son, Steve, 33, served eight years in the Army as a combat helicopter pilot, with an 18-month tour in Iraq, where his helicopter was once shot down, and a tour that included heavy combant in Iraq. In search of a more tranquil life, Steve left the Army not long ago and took a job in Grand Rapids, Mich., as a postal carrier.

Not too many months ago, when asked about the anticipated vacancy in the Legislature's chair, Cianfrini demurred, expressed little interest.

That changed, he said, when Annie Lawrence, the more senior Republican on the Legislature, made it clear to her colleagues that she didn't want the job. 

Cianfrini decided he was up for the challenge and that he could make the time to do the job right.

"The way I look at it, there was county government for 200 years before I came in and there will be county government, hopefully, for 200 years after I leave," Cianfrini said. "I just want to make sure while I'm here at the helm that government runs efficiently at the lowest cost."

The job is important, Cianfrini said, because Genesee County is important.

"I just love Genesee County," Cianfrini said. "I think anybody who has been born here has difficulty giving it up. We have two major metro areas around us. If we want to go to a football game, if we want to go to the opera, or to a show or shopping, we have it. The beauty is, we've got the serenity of Genesee County. It's a beautiful area. It's a great place to raise children. I think the school systems are excellent. Why give that up to go someplace where you don't know what you're getting into?"

To help make this an even better place to live, there are some ideas Cianfrini would like to pursue.

For example, he thinks the Legislature should take a look at public safety in county-run buildings.  He wants to, maybe, propose opening up the County Park in Bethany to bow hunters during bow season. That would generate revenue for the county and also help deal with the exploding deer population in the park. Perhaps, he said, the county government should go paperless, with Legislators carrying around iPads instead of binders and folders. He would like to look at a public-private partnership to build more hangars at the Genesee County Airport.

That's just a part of the list he keeps in the top drawer of his desk.

He also anticipates working out an agreement with the GCEDC that would lessen the burden on taxpayers to help support the agency.

Last year, the county supplemented GCEDC's revenue (which comes mostly from fees paid by businesses that use the agency's services) with a $215,000 expenditure. 

Steve Hyde, CEO of GCEDC, has always argued that the county government needs "skin in the game" to prove to site locators that economic development is supported in Genesee County, and that the money helps GCEDC balance its books.

Cianfrini has another approach he would like to try and be thinks just might fly.

"I've talked with GCEDC and they're willing to talk now about the possibility of working out a formula that might minimize the county's contribution," Cianfrini said. "At times when their cash flow is good, we don't pay as much taxpayer money to support them, but on the other hand, when maybe money is tight, or revenue is drying up, maybe we increase our contribution rather than have a fixed amount. They seem willing to talk about adjusting that payment."

Now that Cianfrini has a more comprehensive responsibility in Genesee County than just representing one district, or just chairing one committee, he's working hard to get to know the rest of the county's business, learning as much as he can as quickly as he can about all of the county's departments.

He sees his role as a facilitator to develop and implement policy, and that means he needs to really understand the nuts and bolts of county government.

"I kind of look at it like this," Cianfrini said. "From a team perspecitve, we're like a football team. The people are the owners of the team. The taxpayers are the owners. The Legislature, we are kind of the board of directors to set the policy for the team. Jay Gsell, our county manager, is kind of the general manager of the team. Our department heads, they're the coaches. They're the ones working with the players. The players are the employees. I'm seeing my job as the chairman of the Legislature as one to help move policy along and to maybe offer some fresh ideas."

Asked if he thinks his new job makes him one of the more powerful people in Genesee County, Cianfrini said, no, not really.

"I think I can influence certain things, what things will come before the Legislature," Cianfrini said. "I think I can influence the direction we may be going in. If that means power, so be it, but I don't think of it as a powerful job. I don't want power. I don't seek power. I want efficiency and I want results. That's where I'm coming from."

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