County Legislature

A one-vote margin was all the difference needed to elect Michael Welsh town justice in Le Roy.

He beat Scott McCumskey 817-816, according to the Genesee County Elections Commission, which completed counting absentee ballots from last week's election.

In the other closely watched and tight race, incumbent Ed DeJanerio held onto his 21-vote margin over challenger Bob Bialkowski for a 405-372 victory.

With only 21 votes separating the two candidates for the District 9 seat on the County Legislature and 100 absentee ballots yet to be counted, neither incumbent Ed Dejanerio nor challenger Bob Bialkowski were interested in predicting the outcome of the race.

"I'm in the minority and who knows," Dejanerio said, acknowledging his role as the sole Democrat on the Legislature as well as the slight registration advantage for the GOP in District 9. "I do my best and that's all I can do."

Both candidates worked hard, they said of each other, and presented a stiff challenge throughout the campaign.

The unofficial tally has Dejanerio up 362 to 341.

Dejanerio is simply hard to beat, Bialkowski said.

"There's a lot of Democrats in the district," Bialkowski said. "Ed's been there a long time. Ed's a likable sort of guy. People like Ed. I'm pleased I've done as well as I have. Other people have tried running against Ed but have never done so well."

City GOP Chairman Matt Landers agreed.

"It's hard to beat an incumbent," Landers said. "Ed's been there a long time. He's beaten Republicans in the past. Bob worked really hard and we'll see how it breaks."

Things broke better for the GOP in the other three contested Legislature races.

Shelly Stein beat Earl Funderburk 1087 to 427 in District 5. Gregg Torrey beat incumbant Esther Leadley, a Republic who didn't get her party's nomination, 706 to 373, and the race was apparently made closer by the presence of a Libertarian on the ballot. Marianne Clattenburg beat Bill Fava 385 to 271 with Bob Brown picking up 82 votes.

"Bob did hurt us," Landers said. "We were worried that he would peel off Republican votes and it was relatively close between Marianne and the Democrat."

None of the big issues facing the County Legislature seemed to play a role in voters' decisions, based on the feedback candidates were getting while walking precincts. Voters rarely mentioned the nursing home, the Genesee County Economic Development Center, mandates, or hiring more jail guards.

People were concerned about taxes, but in the District 9 race, there isn't much difference on the issue between Dejanerio and Bialkowski.

"People are against any kind of property tax increase," Bialkowski said. "People in the city are hard pressed right now and when they hear that they're going to have a public hearing on going over the tax cap, that doesn't sit well with people. It doesn't sit well with me."

Top photo: Ed Dejanerio, city council candidate Diana Kastenbaum with Pat Burke at O'Lacy's while awaiting election results.

Matt Landers congratulates Gregg Torrey on his District 6 victory.

It's not every year that a local election has at least one issue that might sway voters. With all the attention garnered by the Genesee County Economic Development Center since the last County Legislature election, this November the opinions candidates hold on GCEDC funding and its policies might be an important issue for voters. We thought it a worthwhile public service to get candidates on the record on this issue as soon as they were declared candidates.

In posing the questions to the GOP candidates -- the first group to declare -- we found not all of the candidates agreed with that assessment.

We received objections to answering questions along the lines that it was too soon; wait until the election is closer; "my position is already well known"; and, most surprising, that candidates shouldn't have to answer questions before all of the candidates are declared.

There is apparently some concern that since there's still weeks left for candidates to declare, some candidates thought they shouldn't be asked policy questions until after the filing deadlines. None of the candidates explicitly stated that they fear their answers might prompt another candidate to enter the race. They did express concern that they would be sharing opinions that would be read by potential opponents before those opponents needed to answer the questions.

That's not a line of thinking The Batavian finds terribly persuasive. Any candidate should be willing to speak openly and publicly about their positions without fear of the political repercussions. If an opinion might spur another candidate to enter the race, well, then, that's good for democracy. If a candidate lacks sufficient confidence in a position that it will be easily targeted by opposition, then perhaps he or she should reconsider that position.

The filing deadlines are July 11 for candidates running on an established party line, and Aug. 20 for a candidate running as an independent (creating his or her own party line).

Below are the answers to our three GCEDC-related questions we received from six of the declared Republican candidates, the three declared Democrats and the lone independent to enter the race so far. After the three questions are statements we received from the three candidates who did not answer the questions. 

Question 1: Traditionally, there has been an item in the county budget to transfer money to GCEDC to assist funding the operations of the agency. Last year,  GCEDC received $215,000 in the county budget. Do you support continuing this fund transfer to GCEDC, or should it be eliminated or modified?

Shelley Stein, incumbent, Dictrict 5: The Genesee County Legislature has supported GCEDC at approximately 20% of the GCEDC 2013 approved budget. Moving forward I would support same level of funding to provide for foundational costs of GCEDC operations. Eighty percent of GCEDC’s budget must be derived from providing services and collecting fees for services from business community, grants and contractual annuity payments, not taxpayer dollars. Additionally, LeRoy Business Council and small businesses located in LeRoy are very supportive of the foundational funding of the GCEDC.

Earl Funderburk, challenger, District 5: I do not support the continuation of county budget funds to GCEDC. They have millions of dollars from fees and no longer require funds from the county.

Esther Leadley, incumbent, District 6: Every year the upcoming County budget gets several months of intense scrutiny – by the whole legislature, not just a committee. GCEDC’s funding request is always included in that scrutiny. Please note that State and Federal mandates continually erode the County legislators’ ability to provide a quality of life that Genesee County residents have come to expect.

We legislators have already begun general discussions about the 2014 budget. As we go forward, I am confident GCEDC’s funding request, when it is received, will be one of the topics of discussion. I will weigh all input and make my decision at that time.

Please also note that companies considering making a significant investment in Genesee County want concrete evidence that the County’s leadership has financial “skin in the game.”

Gregg Torrey, challenger (GOP endorsed), District 6: Every item included in the County budget needs be evaluated and that includes the funding which assists the operations of the GCEDC. With the increasing pressure put on County Government by State and Federal unfunded mandates each department must justify its funding request.

I was encouraged to see that the incentive compensation system at the GCEDC was eliminated last year. I am now more confident that the funding is directed to the intended purpose of supporting the economic development mission for the County.

With that being said, the EDC has shown a tremendous return on investment for the County and makes the County money while its funding is only a very small portion of the overall budget (under 1%). The County funding also shows that we are committed to investing in ourselves and the County’s support of the EDC’s efforts which include leveraging other State and Federal money. This support of the GCEDC does not go unnoticed during the attraction process when potential companies are considering bringing investment into our community.

Marianne Clattenburg, incumbent, District 8: My position on this issue is well documented and on the record. This was my first budget vote as a new legislator and I took the opportunity to voice the concerns that many of my constituents have expressed regarding GCEDC funding.  Many opposed the salary and bonus structure of the organization. My position is that public employees who enjoy the benefits of a NYS retirement should not receive bonuses. The second reason I did not support the funding was that I wanted to send a strong message to the GCEDC that redevelopment must also become a priority of the organization. I represent the City of Batavia. We have needs and issues that are different than those of the rural towns around us. If the GCEDC is going to work as the county’s public benefit corporation dedicated to development, then it must strive to improve all areas of the county. I will dedicate my second term to working with the organization to see that this is done. My future support would be contingent upon the organization's willingness to work toward the goals of redevelopment, particularly in the City of Batavia.

William Fava, challenger, District 8: I would support a modification of the amount transferred from Genesee County to the GCEDC Agency. Originally, the agency needed the start up fund support, but now the agency has been successful in meeting yearly goals. The Agency has increased internal manpower to parallel anticipated growth and created sub organizations to minimize potential legal problems for Genesee County. In addition, the Agency continues to look forward (to) bringing in more business growth opportunities to the area…from all points of view, this State/County endeavor appears to be a success for the County. Modifications should be appropriate over the next few budget cycles to bring the annual fund down to a more reasonable amount. In doing this, the Agency can continue to document County support in any advertisement to a potential customer. The appearance of “Lack of County Support” has been mentioned many times during previous discussions concerning a decrease in funding…this is  simply a reduction, not an elimination of the fund. A modification would be a win-win solution for the Agency and the County taxpayer.

Ed deJaneiro, incumbent, District 9: It now appears that the GCEDC finances are strong enough to continue without a County contribution.

Bob Bialkowski, challenger, District 9: I am very prudent when it comes to spending tax dollars so I would insist on a complete accounting of this expenditure. The way the state has the EDCs set up is that if you want to participate you have to pay. This means that if the county doesn’t support the GCEDC we won’t be considered for the grants the EDC receives, so yes I would vote to continue this support. Genesee County has done very well for itself considering that in a recent survey New York State placed 49th in economic development out of 50, but here we have seen tremendous growth. Last week Texas announced that it was aggressively marketing for New York businesses to move there. They have no state tax. New York needs to learn to treat all business the same and discontinue making special deals.

Andrew Young, candidate, District 4: Yes, I support the County investing in its goal of creating jobs, promoting business capital investment (which converts to tax base) and keeping our kids in our community.

Frank Ferrando, incumbent, District 7: As you indicated, the $215,000, or an amount similar, has been transferred to the GCEDC for several years. It’s not new. What I believe was disturbing to most local citizens was the bonus pay model used by the GCEDC with the assumption that the subsidy supported the bonuses. I and two colleagues on the Legislature voted against last year’s budget in objection to that practice. Bonuses are no longer a part of the GCEDC’s compensation practice. This year I will vote for the subsidy if the GCEDC Board presents to the Legislature a detailed description of a specific project the subsidy will be used to support. A demonstration of support by the County is important and it represents about .1 percent of our overall budget.

More after the jump. Click on the headline to read more.

Question 2: Are you confident that taxpayer subsidies for economic development in Genesee County are generating the results claimed/promised by GCEDC or should steps be taken to foster greater accountability?

Shelley Stein, incumbent, Dictrict 5: Investment of $215,000 of taxpayer dollars increases exponentially the capital investment in Genesee County; jobs, tax base, sales tax revenue, infrastructure (water and sewer lines), shovel-ready business parks and workforce educational opportunities. There is no better mechanism to leverage this investment in Genesee County.

LeRoy Plastics is an excellent local example of a private business seeking to retain jobs, renovate an older facility, and creating several new jobs within 3 years, as per their application to GCEDC for assistance in sales and mortgage tax relief. LeRoy community is pleased to see this local private investment as a sign of our economy turning around.

Earl Funderburk, challenger, District 5: For the money being paid to GCEDC leadership, we need a greater number of new businesses being lured to our county that provide good high-paying jobs. Base compensation of GCEDC employees should be directly tied to clear goals and objectives. GCEDC must be regulated better by the GCL, and compensation needs to become more proportional to performance.

Marianne Clattenburg, incumbent, District 8: The GCEDC has been very successful with many of the projects they have put forward. The opening of two new factories in the Town of Batavia is a remarkable achievement considering it was done during one of the worst economic downturns in recent memory. The STAMP project is in its preliminary stages. I fully support bringing high tech jobs to Genesee County. We need to develop the jobs that will enable future generations to live and work in the areas that they have grown up in. I do have concerns, as I said in my prior answer, that issues that face different areas of the county all need to be addressed. The legislature has the obligation to foster accountability. We have instituted term limits for the first time. We control who sits on the GCEDC board and we control a portion of their operating budget. I believe we must continue to work toward greater accountability and I support the steps that have been taken thus far.

Esther Leadley, incumbent, District 6: Yes, I am confident that “taxpayer subsidies for economic development in Genesee County are generating the results claimed/promised by the GCEDC.”  GCEDC leadership reports regularly to the Ways and Means Committee of the Legislature, and annually to the whole Legislature. These are open meetings that anyone can attend. The Legislature and GCEDC work as partners, not as adversaries. I believe that the people we legislators appoint to the GCEDC board do have the best interests of Genesee County residents at the forefront of their decisions.

Gregg Torrey, challenger (GOP endorsed), District 6: I’ve seen firsthand the results and successes of the GCEDC at the Genesee Ag Park which includes successfully attracting international investment, as well as a Fortune 500 company, to locate and invest in our community. Over $200 million in private investment and nearly 200 quality jobs have been brought into in the park and there is about 40% of the park still to be developed.

The bottom line about accountability is results and the GCEDC is generating results. There have been considerable improvements within the last year in transparency, communication, and policy adjustments as well. I would like to see increased engagement by the County Legislature in appointing Board members to the GCEDC that will maintain this high level of accountability and responsibility as they continue to carry out the comprehensive economic development activities for the County.

William Fava, challenger, District 8: The results that are reported each year by GCEDC are gathered by the Agency itself and independent Accounting/Consulting organizations. The information reported to the Agency, should be audited to be validated as to the accuracy for the period being reported…remembering that numbers don’t lie, people may distort facts to support their case. For example, if a company is granted a subsidy for the creation of 5 positions, the company goes out and hires 5 people over the agreed period, a few months later, 3 people out of the 5 are released. The company reported that they hired during this period, but after the period ended…so did the employment of the three employees. The taxpayers of this county have not forgotten what Sylvania “pulled” after its tax subsidy ended; there are many individuals that never recovered from this loss of employment. The reasoning behind any subsidy or abatement program is the potential  “offset”  by increased sales tax collections, increased business for local vendors, increased home ownership, increased job opportunities to increase a person’s income…for the residents of the City of Batavia…look around, do you see more retail businesses starting up, do you see more new housing construction, do you see the City of Batavia enjoying an overflowing increase of new sales tax dollars? Maybe you see it in the Town of Batavia, but not in the City. The potential windfall of increased betterment has not reached the City of Batavia. I would support less independence of operation and an increase in accountability.

Ed deJaneiro, incumbent, District 9: GCEDC continues to provide new job opportunities in our County. I believe every agency needs greater accountability especially if they receive government funding.

Bob Bialkowski, challenger, District 9: The GCEDC is overseen by a board of directors. I would like to see the board being more accountable to the legislature. If elected it would be my goal to push for more development in the city and improved communications between the GCEDC board and city council. For the last few years there was a large public outcry over the GCEDC staff being paid large bonuses. The NYS comptroller issued a statement that this was wrong and needed to be discontinued. This was a major point of contention amongst taxpayers and it has been stopped. Now it’s time to move on and put a better system of checks and balances in place.

Andrew Young, candidate, District 4: Contrary to some heavily biased reports recently, the Genesee County Economic Development Center is revered and respected statewide. It also has been recognized regionally and even nationally as a benchmark organization. It amazes me that within our own county borders we don’t understand just how good they are.

Frank Ferrando, incumbent, District 7: The questions presented to the Legislative candidates might be great questions for GCEDC Board members. The GCEDC Board, as everyone realizes, is its own entity. Once appointed, they have governance over the program until terms expire.

Having stated that, I believe, as I trust most citizens in the county (do), that progress is happening.  The Ag Park is but one example. Presently 200+ are working there. More jobs are coming. I also understand a McDonald’s restaurant will be going up on the East side of the City, a good indicator of spin off development. I personally would like to see a greater emphasis on redevelopment since this is the strategy needed for the City of Batavia, Village of Leroy, etc. In summary, the progress to me is obvious and it should make us feel optimistic about the future.

Question 3: Do you support or oppose tax breaks for retail projects, such as those provided to COR Development for Batavia Towne Center and the Dick’s Sporting Goods project? 

Shelley Stein, incumbent, Dictrict 5: COR Development project is a very unique project for “retail development” in Genesee County. Each retail project is measured against IDA laws. COR Project does qualify for the unique allowable retail project status, for goods and services not readily available to Genesee County residents. Our board of directors of GCEDC performed a very comprehensive and exhaustive review of the project, found it to be within the letter of the law and the right investment for Genesee County residents. There are several other retail projects in our county not eligible for tax incentive abatements.

I do support PILOT incentives to encourage capital investment with a schedule of payments to local school districts, towns, villages, city and county in lieu of property taxes. The schedule builds gradually to 100% of assessment being taxable and providing increased revenue to all of the taxing jurisdictions mentioned above. Tax base increases reduce local property taxes for all of us. As a previous Town Supervisor, Town of LeRoy did receive over $20,000 per year and increased annually in PILOT payments. The school district and village have received scheduled payments also to support their annual budgets and reduce the property tax burden of homeowners.

Earl Funderburk, challenger, District 5: As a rule of fairness, the tax playing field for corporations should not have handpicked winners and losers. Existing companies should not have the playing field tilted in favor of the new guy on the block by providing them unfair tax incentives. Additionally, I believe it is healthier for our local economy to have diversity in our local businesses. One or two large employers can provide a substantial base of economic support, but the risk is that if one or two of those corporations fail or leave the economy will greatly suffer. By encouraging growth for small and medium businesses (SMBs) we can grow the economy, minimize risk, and encourage entrepreneurship. That said, there is a place for the GCEDC and incentives. Tax incentives must be consistent and rule based. Criteria and parameters should be clearly defined and not subjective. Decisions should not be made based on who you know or how good your story might be. Decisions should be made based on numbers and facts. There must be clear expectations and consequences for missing targets placed on businesses receiving incentives. Any new incentives should be time bound and consistent from one company to another. In short, the playing field should be level. I’d like to see this become the rule in Genesee County -- if not all of New York State.

Esther Leadley, incumbent, District 6: Tax breaks for retail projects are a new component of New York State’s Industrial Development Agency (IDA) regulations. Our GCEDC, which is our county’s IDA, has very qualified legal assistance from Harris Beach, a respected law firm in Rochester. I partially understand tax breaks, such as Payment In Lieu Of Taxes (PILOTs), but that is not my area of expertise. Therefore, I cautiously trust others to make appropriate economic development a priority for Genesee County.

Gregg Torrey, challenger (GOP endorsed), District 6: As a general rule, I think that retail projects need to be scrutinized more closely because they tend not to increase the overall demand for retail goods and services and may create intense competition for established stores. It is important when considering providing tax expenditure benefits to a project such as the COR Development project that you do not end up with a net financial loss for the County.

You must, however, also consider the impact that this project will have on the sales tax revenue for the County. It is estimated that the COR Development project will generate an additional $2 million in sales tax annually once it reaches full occupancy. With this estimate the project would provide an additional $1 million to the County in local sales tax revenue. The estimated economic impact of this specific project is 25:1; meaning that for every dollar of tax relief the company will invest $25. If this project can come anywhere near these projections it would be a tremendous return on investment for the County.

The GCEDC Board has made a “Unique Facility / Services” determination for this project in order for it to be approved, which means that they feel that the predominant purpose of the project is to make goods or services which would not be, but for the project, reasonably accessible to the residents of the municipality where the project is located. I am comfortable with the Board’s analysis, determinations and approval of this specific project. I have also found that the GCEDC has participated in very few retail projects and chose not to participate in several potential retail projects including the McDonald’s project under development on the City of Batavia’s east end near the AG park.

Marianne Clattenburg, incumbent, District 8: I do not support the COR Development tax breaks for one reason: I believe they are unfair to existing retail stores in the City of Batavia. I am very concerned that this will negatively affect the small businesses that have served our residents for many years. I believe the board should have considered this before they voted to approve COR’s request. 

William Fava, challenger, District 8: In this particular situation, I do not support the tax break for assisting construction on something that we already subsidized a few years back. To support this redo plan is basically using taxpayer money paid by our merchants (the ones that have remained in the city..ie., Barrett’s Sporting Goods)  to help them be put out business by the big box retailers. The EDC should have approached this redo with more thought and creativity and at the same time operate within the guidelines set forth by the state.

Ed deJaneiro, incumbent, District 9: I do not support tax breaks for major retailers. I believe that giant retail stores will locate here, if they think there is money to be made, with or without tax breaks.

Bob Bialkowski, challenger, District 9: It is unfortunate that all businesses aren’t treated equal. Basically I am against these types of discriminatory practices but I did not make the rules for the EDCs. What we have in New York now is a system where everyone is competing against each other for the same piece of the action. This is why New York placed 49th in economic development. I would push for a more equitable system of tax incentives to help all business in the county. This would be a difficult but not impossible battle. At the county level some relief and assistance could be given to already existing businesses.

Andrew Young, candidate, District 4: I believe each project needs to be judged based on its individual merits. If after careful consideration a project makes sense for our community, we should support it.

In regard to your specific example of COR, it is important to note that like nearly all GCEDC projects, no outlay of taxpayer dollars (cash) was given, no checks were written. The County simply agreed not to take as much of the increased tax revenue that results from additional capital investment. This is done to incentivize investment and is done only for a period of time.

Even with the unfortunate departure of Lowe's, the Batavia Towne Center facility produced more than $1 million in local sales tax revenues this past year. Our county’s sales tax revenues have increased considerably because of this retail center.

In 2013, the Batavia Towne Center (COR and Target) will pay some $314,000 in local property taxes. If that site was still a trailer park, its property owners would have paid roughly $40,000 in local property taxes. And by the way, that amount paid by COR and Target increases substantially each year going forward until it is on the tax rolls for 100% of its value at which time the owners will be paying in excess of seven hundred fifty thousand dollars each year in local property taxes. Again, instead of $40,000.

The most recent COR project applies only to new/additional capital investment. It will drive an additional $18 million into our community, all of which does not exist today and much of which will further increase the local property tax paid, immediately and to a greater degree over time. It will also generate a considerable net increase in sales tax for our local municipalities.

Frank Ferrando, incumbent, District 7: I appreciate that the GCEDC recognizes the importance of all business. If new jobs can be created and additional revenue streams developed for our municipalities, those are good things. Our tax base will be expanded over time and sales tax kicks in at the onset of business. Should we let the land sit idle? That option, in my opinion, would be bad business.

District 1, Raymond F. Cianfrini: Howard, I think most of us on the County Legislature have established our position regarding GCEDC. Why not ask the new candidates where they stand? Also, I think it's way too premature to be getting into these issues now. Why not wait for the election season? Also, what is this going to establish with those of us who have no opposition? Finally, I have to ask by going into these issues if you are reporting the news or trying to generate news?

District 2, Robert J. Bausch: Howard, I appreciate your questions and they are valid. However the questions will be more appropriate in the fall after all the tickets have been established.

I have established a public record on the issues and have received questions about my position on various occasions so the public knows my positions.  

District 3, Annie M. Lawrence: Your timing is premature on this issue. Play fair, when all parties have endorsed for Genesee County Legislature, then I will be able to answer your questions.  (Note: This came in from Lawrence before the Democrats had announced their candidates. However, once the candidates were announced, we received no further e-mails from Lawrence.)

It smarted, Esther Leadley, when she didn't get the GOP's endorsement for the District 6 seat on the Genesee County Legislature.

The incumbent legislator vowed not to run a primary against the endorsed candidate, Greg Torrey, but that doesn't mean she will give up her seat without a fight.

Leadley announced today that she is running in November's general election.

"I am challenging the endorsed candidate for the District 6 seat on the Genesee County Legislature," Leadley said. "District 6 consists of the towns of Alexander (which includes the Village of Alexander), Bethany and Pavilion. I believe my experience on the Legislature and knowledge of the district and county are of considerable value to District 6 and all residents of the county."

It's been a challenge, Leadley said, to learn the ins-and-outs of running as an independent candidate.

"It smarted when I wasn't endorsed but I never lost my footing and my integrity is intact," Leadley said. "It took several weeks to decide what to do with what had been handed to me.  The outcome of this challenge will be decided at the polls in November."

Leadley also said running primary elections add to county expense and so it's better to run in the general election if she wants to retain her seat.

The new voting machines create an enormous cost because they have to be moved from and back to the controlled storage space," Leadley said. "Staffing at the polls and paper ballots add to the costs. District 6 taxpayers should not have to pay for a political disagreement. The County Board of Elections also sustains large expenses for a primary. Indirectly, those costs come out of taxpayers' pockets at the County level as well. In effect, District 6 taxpayers would pay twice for a primary. I would be irresponsible if I were to force a primary."

We've asked each of the candidates in the city and county legislature races to answer a couple of questions regarding why they're running and what they hope to accomplish if elected. Election Day is Tuesday.

Here's the response from Frank Ferrando, candidate for District 7, Genesee County Legislature:

The past 10 years on Batavia’s City Council taught me how to contribute and participate in the challenges facing the citizens of our community.  Working as a team was not always the process followed by council. The late 1990s and the early years of the new century were, most would agree, very dysfunctional. The years I’ve been involved have seen the council become much more focused and willing to work as a team. It was great to be a part of that transformation. I understand the commitment and dedication necessary to create a positive and constructive environment so problems can be solved and initiatives achieved. I’m well prepared to work as a county legislator.

I believe the key issue facing the legislature at this time (and there are several major challenges) is mandate relief. Working with my colleagues, if elected, to relieve our citizens from the burden of these state expenses, will be a priority. New York State is the only state in our union that transfers 25 percent of the cost for Medicaid to the county. In other states, 50 percent of these costs are covered by the federal government and the remaining 50 percent by the state.

Something has to be done to relieve Genesee County of this burden, so that local needs can be achieved while holding taxes to a reasonable level. At this time a significant percentage of the county’s budget is mandated, leaving few options for local needs and expectations.  Chairperson Mary Pat Hancock presented an excellent breakdown of this issue in her latest State of the County address.

At a time when protests against a broken system are spreading across the land, Mary Pat Hancock, chairwoman of the Genesee County Legislature, is taking a stand of her own.

At Wednesday's Ways and Means Committee meeting, Hancock voted no on a resolution that the legislature must surely pass or face consequences from the Albany bureaucracy.

Resolution 11 authorizes the country treasurer to transfer funds from various budget lines -- including sales tax money set aside to help deal with the county's aging and crumbling infrastructure -- to pay for a state mandated increase in payments to healthcare providers for pre-kindergarten and early intervention programs for children covered by Medicaid.

The increase in fees is retroactive over the past four years.

"We certainly don’t have the money to go back four years, in other budgets, and come up with the money," Hancock said.

Vexing Hancock more is the fact that for these same types of social service programs, the state is eight, nine and even 10 months behind in reimbursing the county for Medicaid services -- a debt that now exceeds $1.7 million.

"Because of this, we have a shortage of cash and an inability to pay," Hancock said. "Now, we must go into the 1-percent sales tax, which is supposed to be for things like roads and bridges, so of course, I feel righteous indignation. It isn’t anger. I feel that this is unjust in every possible way."

Ways and Means Chairman Hollis Upson said every member of the legislature feels the same way, but most will vote for the resolution at the next legislature meeting because if the resolution isn't passed, the state will just take the money from the county.

The total cost to the county of the increase exceeds $305,000.

Legislator Ray Cianfrini, who isn't on the Ways and Means Committee but was at the meeting, said he intends to vote against the resolution next Thursday.

"I’m as fed up as you are Mary Pat," Cianfrini said. "I'm voting no. I don’t care what the ramifications are."

Hancock said that if she thought the resolution wouldn't pass, she would vote yes, but since she expects the majority of legislators do what they must as mandated by the state, she wants to cast that symbolic no vote next Thursday.

"We’re not the only county being effected in this way, so I’m going to raise my hand and get as much attention on this as I can," Hancock said.

For every department in Genesee County, this year’s mandated budget cuts are hard to swallow. The county legislature is forcing 5-percent cuts across the board, in order to fit the county budget under New York State’s new 2-property tax cap.

Nowhere is the hurt more apparent than at the County Office for the Aging. Director Pamela Whitmore had already lost $102,000 in annual state grant money this year – a significant blow to her 2012 budget. With the mandated 5-percent cut on top, the Office for the Aging will now have to eliminate over $134,000 in spending.

Whitmore likened the 5-percent cut to that proverbial straw that broke the camel’s back.

“People are not going to get the level of service that they’ve gotten in the past,” Whitmore told the legislature’s Human Service Committee on Monday night.

She announced a planned $5,000 reduction to “Meals on Wheels,” which will now be on a three day-per-week delivery schedule if her budget goes according to plan. There are also pending staff cuts, social program reductions and fewer hours available for in-home services.

“Less staff means less time to do that face-to-face information and assistance – which is really the majority of what we do,” Whitmore said after the meeting.

Her message is further highlighted by this year’s census report, which shows a 16-percent increase in the over-60-year-old population in Genesee County. The census bureau also estimates that the population over 85-years-old, which is the most expensive to serve, has jumped by 33 percent in Genesee County the past decade (official numbers are not yet available for that category).

“It’d be one thing if the grant losses were just taking one program away…but most of our losses just took parts of each grant away,” Whitmore said. “So in essence, most of our services are still available, but there (are fewer) resources to provide them.”

In another Human Services report Monday, Chris Kuehl from the county nursing home told committee members that the home was able to reduce five positions to just three by consolidating some worker duties. That will save the nursing home $47,233 this year, and $104,439 in 2012, if the cuts are approved by the full legislature.

Also at the Human Services Committee, members approved the nomination of David Whitcroft as the interim public health director for Genesee County. Whitcroft's nomination comes on the heels of Randy Garney's abrupt retirement a week-and-a-half ago. Whitcroft will be paid $65,106 plus $600 in longevity pay. He officially takes over on Wednesday, if approved by the full legislature.

Underage drinkers who get caught and then ignore the ticket may soon find themselves losing their drivers' licenses.

A bill to put some teeth in underage drinking provisions got the support of the Public Service Committee of the Genesee County Legislature on Monday.

One of the biggest backers of the bill is Darien Town Justice Gary Graber, legislators noted. Graber sees hundreds of underage citations written every summer at the Darien Lake Performing Arts Center, but apparently few of the under-21 crowd cited ever make their scheduled court dates.

And there isn't much Graber, and other justices, can do about it, unless Assembly Bill A5722 passes.

The bill would also make it possible to suspend the driver's license of anybody given a citation for marijuana possession who doesn't appear in court.

On Monday, legislators passed a resolution urging Assembly and Senate approval of the bill.

Without mandate relief, local officials say, a proposed property tax cap will strangle county government.

The cap proposal is moving through Albany and today the Genesee County Legislature sent a strongly worded letter to Gov. Andrew Cuomo and local representatives.

Without addressing the root cause of the problem -- unfunded mandates -- counties will have to begin eliminating all non-mandated, community-based programs and services to stay under the cap. These programs include veterans services and aging programs, local road and bridge maintenance and repair, road patrol, long-term care and substance abuse services, to name a few.

Legislative Chairwoman Mary Pat Hancock told WBTA today that rising pension costs and Medicaid expenses that are "forced" on the county are eating up too much local revenue.

"Pension costs have gone up 31 percent," she said. "And in the past several years, Medicaid has continued to escalate in cost."

WBTA also spoke with  Batavia City Schools' Business Manager Scott Rozanski, who predicted dark days ahead under the cap.

"In essence, it means we could only increase our expenditures by about $350,000," he said. "Cutting more is doable, but it would probably create a lot more uproar." 

Superintendent Margaret Puzio blamed the current proposed increase in the tax levy on Albany.

"The only reason we're looking at an increase in the tax levy is because our state aid was cut," she said.

While in Batavia today, Sen. Mike Ranzenhofer addressed the issue. Ranzenhofer expressed support for Hancock's call to have the state assume the costs of Medicaid.

"I was a county legislator for 20 years -- I understand that issue," he said. "I'm also very concerned about overuse of the Medicaid system by some, to the detriment of others. I'm talking about not having every possible optional service that you can have.

If the state took over funding Medicaid, Razenhofer, it might take more seriously such as issues of fraud and waste and find ways to improve efficiency and reduce costs.

There are now three Republican incumbent legislators who won't seek re-election in November.

Le Roy's representative, Jay Grasso, informed GOP County Chairman Dick Siebert today that he won't run and Siebert also confirmed that Legislator Bob Radley is not running.

County Republicans will meet at Bohn's Restaurant on Thursday evening to discuss potential candidates to endorse in each of the three races.

Seibert said Town of Le Roy Republicans already have a candidate they expect to endorse and will announce that candidate tomorrow night.

The local GOP will also need to select a candidate for coroner. Siebert said Coroner Jack Taylor will not seek re-election.

Upson announced in early April that he won't run again. Radley was not been available for comment today, but Grasso said he's been accepted into a doctoral program at the University of Rochester and fears he won't have time to pursue that program while serving as a legislator.

"I like to provide a certain level of constituent service," Grasso said. "I don't feel I can provide that level of service while in a doctoral program."

Grasso is studying education management. 

The other five Republican incumbents in the Legislature have all notified Siebert they intend to seek re-election.

Siebert said no potential candidate for District 9, the seat held by Democrat Ed DeJaneiro, has contacted either him or City GOP Chairman Joe Gerace seeking a GOP endorsement.

Republican Jane Corwin, running in the NY-26 special election, is expected to make an appearance at the GOP dinner tomorrow night.

Press release:

Having recently learned of Hollis Upson’s decision not to seek another legislative term this fall, I have decided to pursue the Republican nomination to be the next representative for the 8th District on the Genesee County Legislature.

The 8th District represents Wards 2 and 3 in the City of Batavia. I have been a resident of the second ward for most of my adult life. Before my election to Council at Large, I served as the second ward representative on the City Council. As the current City Council President, I have committed myself to addressing the needs and challenges within the City of Batavia. If given the opportunity, I will work diligently to address those needs at the county level.

After 10 years on the Genesee County Legislature, Hollis Upson has announced that he will not seek re-election for a sixth term.

Upson said his decision to finish out this term and call it quits is just a matter of time. His business needs his attention and the legislature takes up a lot of time.

"We're very well represented and the current group works well together," Upson said. "We're well positioned for a good future."

Chad Bachorski, the GOP's Second Ward chairman, said local Republicans are soliciting possible candidates to replace Upson on the ballot in the November election. (Information on applying is at the bottom of this post.)

Part of Upson's tasks with the legislature include: representing the county on the Genesee County Economic Development Center Board; being a liaison to the county's planning board; and serving on the board for Holland Land Office Museum; as well as chairing the Ways and Means Committee and serving on the Public Service Committee.

When asked about what he is proudest during his time with the legislature, Upson said it would probably be the growth of the GCEDC from a sleepy little, reactive IDA to one that is more aggressive.

A more aggressive IDA has meant more public scrutiny, Upson admitted, but news such as the announcement that Alpina Products plans to open operations in Batavia's new Agri-Business Park is a good sign the GCEDC is on the right track.

"Alpina is exactly the result of the forethought we had four years ago when we decided to build an ag park," Upson said. "It's the ballpark that we thought, 'if we build it, they will come,' and they did. Steve Hyde was right."

To apply to run for the District 8 seat, e-mails or faxes must be received by April 16, in order to be contacted for an interview. Please e-mail or fax your resume, letter of intent and include at least three character references to the following:

Attn. Brooks Hawley
e-mail: hawley@geneseo.edu
Fax # 585-245-5347

I don't think many would disagree that we all want a robust and aggressive job-creating engine in Genesee County. We also can agree that unfair tax burdens created the need for IDAs with their enticements and tax incentives in the first place.

In the big picture, we all want our county to be chosen as the next home to companies like: Barilla Pasta, Google, Yahoo or Geico -- and without an IDA we don't compete at all.

Even the smaller companies with a vision to produce a new product or service can help make our county vibrant and offer those vitally important, but few and far between, living wage job opportunities. Jobs that can lift our median income and bring some of our citizens their own little piece of prosperity-- the kind that bring money to other businesses by circulating it around our communities.

The jury is still out on how I perceive the GCEDC's, or any IDA's  performance. But I do firmly believe that more stringent oversight on pay rates and elimination of performance bonuses needs to swiftly be put in place by the Legislature to restore the public's trust. I'm also curious about the $500 bonus given to a consultant.

I, too, am a small business owner and, although I won't be creating any jobs other than my own and have no need for a shovel-ready site, I know that I prosper with my business when Genesee County is prospering. I've talked to a few people whom I admire and respect who also own their own businesses. They made some points that make a whole lot of sense.

What if the bonus money and inflated salaries had been allocated and/or redirected for infrastructure or start-up rent subsidies? Phase two of the county water deal is in limbo.

In my own town, we have a great location on Route 19 at the 490/90 interchange. The property known as Oatka Hills has sat empty for years, and for the last several years has had a "For Sale" sign with the GCEDC logo on it. It lacks the infrastructure and utilities and even though the location has so much potential, it sits empty.

Bringing in utilities is an expensive undertaking. Funds being used to pay large bonuses and inflated salaries could, and should, serve more people than just the privileged few who work at the GCEDC. Another alternative is using the bonus money to subsidize rent for start-up businesses that are taking a chance on our main streets -- something the Orleans County IDA is doing.

As the leader of the Genesee County Democratic Party, I have had the opportunity to work closely with candidates running for office at several levels. Invariably, when we've had state and some local candidates running, IDA reform has come up in their campaigns. Like Senator Mike Ranzenhofer, some candidates have come from Erie County with their knowledge on the subject, reflecting what they experience in their own backyard.

And from our local media, and the promising GCEDC press releases, we have always been led to believe that it was different here -- that our IDA was accountable and delivered the goods. I always cringed when our candidates made their opinions on this issue public, waiting for the swift redress that came from one particularly vocal legislator, and occasionally from the local press. This made wading into reform almost a certain political misstep.

For my own complacency about this subject, I apologize. Healthy opposition is needed over some issues and should translate into vigorous debates which show alternatives to the status quo and maybe uncover some things that need correcting in the process.

As a citizen, I am calling on the county legislators to take the responsibility they have been given by the people who have entrusted them. Their responses to date have been very disappointing and show a disconnect.

Our county's median income is around $33,000. We have more rentals in two of our larger population centers than owner-occupied properties, many of our villages have more empty storefronts than filled ones, and our population stands at around 57,000 and dropping.

If crime goes down, there is no bonus check for Sheriff Gary Maha. If road repairs for a given year come in under budget, the windfall doesn't go back to Tim Hens, the county highway superintendent. It is the responsibility of the governing body to hold all public entities accountable, including the GCEDC.

One of the spending cuts in the Genesee County budget that has been overlooked in coverage of other proposed cuts is that legislative members themselves are taking a pay cut.

For eight legislators, their 2010 pay of $11,468 is being cut to $10,895 in 2011. For the chair of the legislature, pay is being cut from $15,090 to $14,337.

Human Resources Director Karen Marchese said privacy laws prevent information from being released on health insurance compensation for legislators. Only three members are enrolled in the county coverage plan.

UPDATE: The expense for health insurance coverage for legislators, which included "buy back" (for coverage supplied by legislator's spouses) is $39,900.

Four speakers, two opinions -- that was what it came down to at a public hearing Wednesday night on the issue of changing the terms of service for the County Legislature.

Former legislator John Sackett dislikes the idea so much he doesn't even think it should appear on the ballot. But another former legislator, Richard Rudolph, thinks it's a good idea that the people deserve to vote on.

Steve Ferry, who has been championing the idea, of course spoke in favor of it, and Bob Zegler spoke against it.

The proposal is to make legislative terms four years and stagger district elections so every seat isn't up for election every two years.

"I believe that you cannot have representative government by having longer terms of office," Sackett said.

Perry believes that four-year terms will reduce the sense of constant campaigning for legislators and encourage more people to run, making elections more competitive.

"If you do not get challenged in life, in business, as a legislator, then you do no fulfill the dreams of the public," Perry said.

Zegler spoke against the current proposal, but said he would like to see the County Legislature abolished and return county government to the hands of a Board of Supervisors.

On Wednesday, the Legislature will be asked to vote on a resolution authorizing a ballot initiative on the proposal.

Moving forward with a proposal to change the scheme of County Legislature terms received a slight nod of approval at the Ways and Means Community yesterday.

County Legislature Chairwoman Mary Pat Hancock volunteered to bring a resolution to the next committee meeting that would authorize a public hearing on the proposal.

"If I can bring a resolution -- not because I'm sponsoring it, or because you're sponsoring it, but because that is the only way it will move forward," Hancock said. "To walk away from this would not be respectful of the committee."

The proposal would increase legislative terms from two to four years and stagger the terms so that entire legislature is not put up for election every two years. A committee charged by the Legislature to study a suggestion brought forward by a local resident made the recommendations.

There was no vote yesterday on Hancock's request, but also no objection raised during the committee meeting.

"I know it's not on your personal agenda, nor is it on ours, but it's out there," said Hollis Upson, committee chairman.

As Legislator Ed DeJaneiro spoke in favor of the specifics of the proposal, Legislator Annie Lawrence shook her head.

Asked later if she objected to the proposal, she said she might or might not support it, but now is not the time to deal with it.

"I don't think any of the legislators have heard any comments from any of their constituents," Lawrence said. "I think we've got bigger fish to fry this year than to bring this out."