budget

City Council has a choice for this year’s budget: vote to override the state-mandated tax cap or prepare to tighten the belt for significant cuts and make ends meet.

That may sound like an ultimatum, but it’s how this year’s 2023-24 budget is panning out so far, City Manager Rachael Tabelski says. She gave a budget presentation to council during Monday’s conference session at City Hall.

Healthcare, inflation, diesel fuel, employee salary and retirement costs are all on the rise, and the tax cap allows a levy increase of $154,000 when what’s needed is $450,000, Tabelski said.

Councilman Bob Bialkowski faced the elephant in the room and asked what happens if the group votes not to override the tax cap, “we raise property taxes?” Or make cuts, Council President Eugene Jankowski Jr. said.

Yes, more likely it would be the latter, Tabelski said: “That would mean significant cuts,” she said to The Batavian after the meeting.

“The tax cap is an arbitrary formula given by the state. You know, the only thought this year was that we can raise this revenue and continue the level of services that have expanded slightly in the last year or so. We have a full-time parking and recycling officer, a full-time ordinance officer, another firefighter that was contractually obligated through a contract signed before I was here,” she said. “To cover those costs, plus health care's up $457,000, retirement costs are up $300,000 … I would say this is this year's request, that the city would do everything in its power to maintain under the tax cap in the future.”

That means that, hopefully, this won’t be a recurring ask, she said. City Council would have to approve the measure by at least a 60 percent yes vote.

Can department heads dig deeper and reduce their budget requests?
“This is the bare bones budget. We've already gone through that process of every department, and they present to me, obviously, what they'd like to see in the budget, and then we cut that back significantly to get to this point,” she said. “This is to maintain the level of employees we have at fair wages and to make sure we can pay social security and health care for those employees. Those are the main drivers, plus the inflationary prices of gas, electric, diesel, fuel, and supplies and materials. So they've already done their value engineering, as we call it. But again, council has budget work sessions that go right through, line by line, each expense and discuss it. And there certainly could be changes that come from that.”

Council members will be going through the budget during the next several weeks to ask questions, make suggestions, and see where other cuts might be made. The one area where Tabelski does not recommend taking from is the unassigned fund balance. That fund is best used as a savings account for future use.

She shared that the fund has grown a bit from an overdue payment from Seneca Power Partners, which had been in arrears with its taxes.

“I will say that we had a payment from Seneca Power of penalties and interest on the tax payments. So my hope is that will really help our unassigned fund balance when we get to the end of the audit year in August,” she said. “But when I do the budget, I don't know that number. I have no way to project what that number is until we get into the audit after the budget books close.”

Other parts of the budget include an extra $275,000 “to reserve funds to prepare to bond for the police facility,” she said.

“So right now, we're putting money into reserves, like our savings, so that we're able to bond when the time comes with the hopes of not having to raise property taxes, and being able to do it within those reserve funds we're putting away right now,” she said. “Kind of like when your car payment rolls off, and you put it into your savings account, and then you lease or buy a new car. You can then use that money in your savings account to pay that new car payment.”

Despite the ominous term of "override the tax cap," the actual tax rate would remain the same, Tabelski said. That would be $8.94 per $1,000 assessed value. She is proposing to raise the water rate by 30 cents. 

Council members will be discussing the budget this month and into February before a public hearing on Feb. 27.

Top Photo: City Manager Rachael Tabelski gives an overview of the past year and 2023-24 budget during City Council's conference session Monday at City Hall; shown with department heads nearby, who have already submitted their "bare bones" budgets for consideration. Photos by Howard Owens.

Citing reasons of double diesel fuel costs and rising supply, health care, retirement and employee wage expenses, City Manager Rachael Tabelski is calling for a move to exceed the state-regulated tax cap -- which would be the second override in three years for the city -- during this budget season.

“The 8 percent inflation the economy is facing challenges this budget, forcing the city to consider overriding the tax cap,” Tabelski said in a memo to City Council. “To balance the fiscal year 23/24 City of Batavia budget I recommend that the City Council of the City of Batavia consider overriding the tax cap.

“According to New York State’s property tax cap legislation, if a city government decides to adopt a budget with a property tax levy that exceeds the level set by the state, the city government must pass a local law to override that cap,” Tabelski said.

Tabelski is to provide a budget presentation and Council is expected to review and discuss her recommendations during its conference session next week. The session is set for 7 p.m. Monday in the Council Board Room at City Hall.

The proposed levy of $6.6 million would help to cover costs of a total $33.5 million budget and $19.4 general fund budget that includes a flat tax rate of $8.94 per $1,000 assessed value, a flat sewer rate, and a water rate increase of 30-cents, Tabelski said. The levy is raised from all real properties subject to taxation by the city based on the assessment roll for the fiscal year 2023-24.

She has also recommended a required public hearing to be set for Feb. 27.

Materials including salt, gas and electric are on the rise between 15 and 40 percent, while employee wages are at $400,000; retirements at $300,000; and health care just under half a million dollars, she said. Those are some of the rising costs imposing the need to ask for an override — unfortunately, not an unprecedented ask in city history.

Batavia City Council members voted to override the state’s 2 percent property tax cap just two years ago, passing a 7.5 percent property tax increase as part of the City’s 2020-21 budget. Part of the blame went to then Gov. Andrew Cuomo for withholding some of the video lottery terminal money from Batavia Downs revenues, though this year a similar portion was earmarked for the police department’s request for guns and equipment.

Other sections of the budget are up for discussion during future work sessions slated each for 6 p.m. on Jan. 31 for Public Works, general government and administrative departments; Feb. 7 for police and fire departments; and Feb. 9 for an as-needed session.

There is time allotted for public comments during this meeting. Speakers need to sign up prior to the start of the meeting.

File Photo of City Manager Rachael Tabelski by Howard Owens.

Genesee County Legislature acted on a final 2023 budget proposal on Monday that won’t be exactly as county Manager Matt Landers initially promised.

There was a slight amendment made last week that will affect the tax rate, albeit slightly.

“I just received word a half hour ago that the assessments changed the tax rate by a penny,” Landers had said to the Ways & Means Committee.

Although legislators would have liked the penny difference to at least go the other way, it will increase the tax rate to $8.45. The total levy — money to be raised through property taxes —  is unchanged at $32,080,762, which reflects a 2 percent levy increase. That levy increase is within the state-mandated levy limit, or tax cap, Landers said.

How will that affect county taxpayers? The rate will be $8.45 per $1,000 assessed value versus $8.44 as initially declared. That will be a decrease of 73 cents per $1,000 assessed property value compared to the current rate of $9.18. To determine your total tax rate, multiply the property value in 1,000 increments (for example, 90 for a $90,000 home) by the tax rate.

Because property assessments have increased for many folks, it’s not a fair comparison to use a typical assessment by each the former and current tax rate for the difference in tax payments from this year. So if your property value was increased, you may not see a decreased total due to that larger number multiplied by the lower tax rate.

For example, a home assessed at $90,000 at the current rate of $9.18 is $826.20. If that home's value has been raised to $100,000 at the lower rate of $8.45, the total will be $845.

To read prior coverage: Genesee County proposes budget with 2 percent levy increase

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

Genesee County legislators knew one thing for sure after Wednesday’s budget presentation, Chairwoman Shelley Stein says.

They weren't yet ready to say how the Legislature was leaning toward a proposed $162.5 million budget with a 2 percent tax levy increase.

“We have one more budget session and we’re going to use it,” Stein said after the presentation and related public hearing.

No one spoke up about the budget during the hearing. County Manager Matt Landers said it was the first budget in quite awhile that didn’t focus on the impacts of COVID. When drafting a budgetary plan — which he did with assistance from his support staff and the treasurer’s office — he looks at the net impact of all decisions.

“That’s what drives my red pen,” Landers said. “When I meet with the department heads, I want to know what the net impact of the county taxpayer is.”

There was a clear understanding that a tax cap override was “off the table,” as he worked with department heads to ensure that all spending was out of necessity, he said. Out of a $32 million tax levy, $25 million of that is for state mandated services, he said.

Of course, the elephant in the county room has been the new county jail, with a price tag of $70 million and a 30-year debt service payout schedule. Landers hasn’t been shy about discussing it, or admitting that it’s a huge chunk of money — about $4 million — to pay off each year.

“We’re trying to be smart, and not shock the system all at once,” he said.

The county is paying not only for the new facility expected to be ready in 2024, but is also designating $300,000 for the latter part of next year for eight new jail-related positions that include six correctional officers, a mechanic and a deputy jail superintendent.

Other full-time positions created in this proposed budget include an investigator and emergency services dispatcher for the Sheriff’s Office, a position in the Highway/Facilities Department for the jail, and a position in the Health Department (to be grant-funded).

“Some key investments that are being made in this budget, so there's public safety positions, there is the investigator in the Sheriff's Office. This is to better serve the public,” Landers said. “It was very bluntly said when talking to the sheriff when he was proposing this, there is an expectation when there's crimes committed in this community that our investigators can investigate these crimes in an inappropriate and timely fashion. The caseloads are starting to build up. So this is our response. It's a public safety request and a need in our community, and I have 100 percent of the Legislature’s support.”

He highlighted factors that will need to be monitored during the next fiscal year, such as sales tax revenues that are largely dependent on gasoline, and can be “volatile.” He also questioned the future and what may happen to those sales tax benefits once electric cars become more the norm and people aren’t buying gas as often.

An ongoing water project will mean spending an estimated $150 million for the next phase three on the horizon, though with labor, supply chain and inflation issues, that number could be upwards of $160 or $170 million, he said. Two union contracts will be coming up for negotiation next year as well, he said.

One part of the process that was not a challenge involved department personnel, he said. They didn’t balk at his suggestions or otherwise make the job more difficult.

“I cut from every single department,” he said.

Stein pointed out that the county’s public services — an area of significant focus in the budget — do come at a cost.

“We are a very conservative county. There is a continual balance between our quality of life here and the cost to our taxpayers. And the legislature that serves as an entire body keeps that balance right at the front of our minds,” she said. “And also, you will see that in our actions and in our questions, and in our commitment to providing the highest quality of life at a cost that is affordable. And we don't apologize for that.”

The levy increase would mean a tax rate decrease of 8 percent, going from $9.18 to $8.44 per $1,000 assessed value. That is due to the overall property assessment increases. 

Legislators have until Nov. 21 to discuss the financial plan and vote to adopt it. Feedback and comments are always welcomed, Landers said.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click to read the entire Budget Message

Batavia City School District residents will be voting on a $54.8 million budget and a 1 percent tax levy increase since the school board adopted those final numbers at Thursday’s meeting.

With no discussion or questions after hearing the proposed 2022-23 budget presentation, board members  Alice Benedict, Jennifer Lendvay, John Marucci, Chezeray Rolle, Barbara Bowman and Michelle Hume cast yes votes. Member John Reigle was absent. The 1 percent tax levy increase means a total of $19,688,898 to be raised through local property taxes. 

If approved by public vote in May, that will push the tax rate from $19.23 per $1,000 assessed value to $19.42. The increase of 19 cents more per $1,000 would result in an extra $19 for a home assessed at $100,000, or a total of $1,942 in property taxes. 

Business Administrator Scott Rozanski walked the board through a brief explanation of how retirements, fewer buses and grant funds helped to lower the preliminary budget of $55 million by $877,225. The initial budget increase from the current year was 5.5 percent, which was lowered to 5.19 percent, Rozanski said.

The related tax levy increase of 1 percent falls under the tax cap of 1.62 percent, which is what the board asked for, President Alice Benedict said.

“Thank you for getting us to a place we requested,” she said. “You’ve done a lot of work getting us to a 1 percent.”

The Batavian has emailed each board member — a publicly elected figure — for comments about the budget and reasons for his/her yes vote since not one offered comments during the meeting. Even though New York State’s Open Meetings Law “generally permits you to converse with your fellow board members outside of board meetings,” according to the state Board of Education Handbook, “you should ensure that such informal chats do not substitute for full deliberation in a public meeting.”

A public budget hearing will be at 6 p.m. on May 5, and the vote is on May 17. 

Batavia City schools board members have quite a full agenda for this week’s meeting, beginning with a public hearing about spending reserves for a roof repair.

There is to be a presentation about the $140,000 tab, to be taken from district reserves, for a Batavia High School roof repair. The public will be given time to voice questions, comments and concerns before the board is scheduled to vote on the work later in the meeting. It is set for 6 p.m. Thursday at the BHS library, 260 State St., Batavia.

Other agenda items include a review of the tentative 2022-23 budget, followed later by a vote to adopt the $55 million financial plan. The most recent preliminary budget in March included a nearly $3 million increase or 5.75 percent more than the current budget. The tax levy was at $20.57 million for a 5.5 percent increase, overriding the tax cap levy by $756,449. 

Business Administrator Scott Rozanski is expected to go over the proposed budget up for board vote during Thursday’s meeting. The preliminary plan included spending increases of $692,575 for teacher/administrative support salaries, $481,970 more for support salaries and nearly $1 million more for fringe benefits. Those total increased numbers are $19.9 million for teacher salaries, $6.5 million for support salaries and $12,306,449 for fringe benefits.

Total salaries have gone from $19,312,386 in 2011-12 to $26,440,590 in 2022-23, or about $7 million more in the last decade. Administrative salaries have risen from the superintendent in 2015-16 at $148,92 to $165,000 currently, and for business administrator, it has increased by $40,000 in the last six years, from $123,913 in 2015-16 to $163,488. The role of department chairman has also been increased from $64,000 to $85,800 in that same time period. 

There are a few decreases in spending, such as $100,820 less for operations/maintenance, $21,248 for textbooks and a $1.15 million decrease in debt service payments. 

The packed agenda also includes time for the public to be heard about matters other than the roof repair, and:

• Presentations from Community Schools Coordinator Julia Rogers with an update and Counselor Julie Wasilewski on a Jackson Primary project.
• An Energia Johnson Controls energy performance contract update.
• Reports from each the superintendent and student ex-officio.
• Votes on resignations and appointments.
• Contracts with the Batavia Administrators’ Association; Batavia City Police Department; Genesee County Department of Social Services and the Student Transformation and Rehabilitation (STAR) program; Thomas Ramming Consulting, Inc.; Gates Chili Central School District’s Health Services; Dwyer Stadium; Campus Construction Management; Genesee Valley BOCES; GLOW YMCA; University at Buffalo Speech, Language and Hearing Clinic; and a revised contract with Kimberly Gingrich. 

Photo: Batavia City Schools Business Administrator Scott Rozanski is on tonight's agenda to present a proposed 2022-23 budget for the board's vote. File photo in 2022 by Howard Owens.

Scott Rozanski was in the hot seat, so to speak, as he presented budget options during this week’s Batavia City Schools board meeting.

Rozanski, the district’s business administrator, reviewed ways to reduce expenses by $756,449 and get the 2022-23 budget to the state-mandated tax ca of 1.62 percent, or 31 cents more per thousand assessed valuations.  Otherwise, district voters would have to approve a budget with a super majority to allow a tax levy increase of more than 1.62 percent.

“(Superintendent Jason Smith) and I have identified some areas to get us to the tax cap,” Rozanski said during Thursday’s board meeting at Batavia High School. 

Rozanski presented a $55 million budget on Tuesday that included what was referred to as “wish list” items of nine new teacher positions, five school bus purchases, and replacing four retiring faculty members with new personnel. He and Superintendent Jason Smith agreed to draft a list of ideas to cut overall expenses, which were brought back to Thursday’s meeting.

Options included not replacing four retiring faculty members; phasing in the addition of teachers over a three-year grant of $5.8 million; and/or not buying the five buses and merging Jackson and John Kennedy school students to ride together on buses, and the same for high and middle school students. 

The busing option could mean a cut of $366,000 in expenses, but, per prior experience, it would create a delay for Jackson kids; they would get on the bus first before the John Kennedy pickup, he said.

There had been complaints about this system when implemented during the pandemic. Most students adapted in time, he said.

“The first two or three weeks the kids are getting used to the process,” Rozanski said. “After three weeks those kids are in a routine. We could take that out and take that reduction.”

Board President Alice Benedict recalled how the shared busing went.

“We had some really young kids on buses for a really long time,” she said. “Does it have to be five buses or nothing? Can we get one more bus?”

That’s possible, and would mean going back to the drawing board to configure bus routes, Rozanski said. 

Benedict wanted to remind all involved that “busing is not mandated.”

“This is a privilege to bus within city limits,” she said. 

As for bringing on nine more teachers, “the district would most likely apply for another grant to support” those positions in three years, she said. However, if that’s not an option, Smith and other administrators would have to review programs “and possibly eliminate the positions, or find other positions that could be reduced to make room for these employees and programs,” she said.

Benedict has previously asked about the ratio of teachers to students, and about enrollment trends. Smith suggested that a consultant may be helpful to advise the district about these particular issues during a future board meeting. 

The Batavian asked Benedict if those newly hired teachers stayed for three years, would they obtain tenure and therefore be permanent employees? Tenure is not an automatic process, she said.

“In three years, the principal (of the school that houses the grant program and employee) and the superintendent, along with the director of curriculum, will make a total review of the need of the position and the performance of the employee before making it a tenured position,” she said. “The board then receives the recommendation to discuss and vote on.”

Benedict asked the board a couple of times during the meeting if anyone had questions. No one responded. All board members will have a say, she said.

“Before anything is concluded, I will have conversations with everyone on the board,” Benedict said to The Batavian. “We have one month to ask as many questions as we need to so we can come to a consensus. It’s my goal every year to get the tax levy as low as it can be. We are still in the process of finalizing the budget.”

A final budget will be adopted before the budget presentation on May 5 and district vote on May 17. In addition to a 2022-23 budget, district residents will also be asked to vote for three school board candidates to replace Michelle Humes, John Marucci and Chezeray Rolle, whose terms expire this year. Board candidates have until April 27 to file petitions for election.

Top photo: Batavia City Schools Business Administrator Scott Rozanski; Batavia City Schools Board of Education President Alice Benedict and Superintendent Jason Smith. Photos by Howard Owens.

Yesterday, Gov. Andrew Cuomo released his proposed budget for 2020-2021. His budget press release is too long to put on the home page. You can read it here. Below are reactions we've received to the budget proposal.

From Assemblyman Steve Hawley:

“The governor made a lot of promises Tuesday, specifically to increase funding across the board for every program in the state, including an out-of-control Medicaid program that is the root cause behind a $6 billion deficit. In fiscal year 2018 alone, New York spent more on Medicaid than Texas and Florida combined, despite having around half the population.

“The national economy is booming in almost every metric, yet under one-party leadership in New York, we are facing a massive shortfall. Every indication says we need to roll back reckless spending, but Gov. Cuomo continues his handouts, even blaming counties and local governments for causing the state’s woes.

“As budget negotiations intensify, I will be working diligently to see that the governor sticks to his word of no new taxes and that his deficit does not fall on the backs of hardworking taxpayers. Whether it’s property tax relief, road and bridge repair or school funding, Western New York deserves its fair share of help, and I will continue to be a strong advocate on our behalf as the budget is determined over the coming months."

From Ed Rath, candidate for the 61st State Senate District:

“Faced with a $6.5 billion budget gap, I was hoping the Governor would outline some specifics on how he planned to address that shortfall, particularly as it relates to Medicaid. Unfortunately, that’s not the case with the proposed budget the people of New York State heard today. Medicaid accounts for two-thirds of the projected budget shortfall, but the Governor was woefully short on specifics in how he plans to generate the $2.5 billion in savings needed to offset Medicaid spending.

"Similarly, and equally disappointing, the budget proposal fails to reform the cash bail law. Instead, public safety and judicial discretion are being compromised, and a misguided and dangerous policy remains in effect.

“I was pleased to see a focus on education, and I hope that there is adequate funding for our schools to meet their increased financial needs.”

“However, any measure to address and strengthen our state’s business climate is mixed. On one hand, I was also pleased to see that middle-class tax cuts are expected to generate $4.7 million in savings, and that small corporate business tax cuts will generate an estimated $35 million. This is the sort of approach we need to help spur job creation and retention so that companies and workers can remain in our great Empire State, rather than continue to flee to other states. Unfortunately, the budget proposal also includes $51 million in tax and fee increases, which only serve to continue to shift the burden onto the backs of the hardworking people of New York.

“Overall, it seems that any attempt at a step forward in this budget is coupled with two steps backward or deafening silence on how our elected leaders plan to make New York stronger. The people of New York deserve more.”

The 61^st Senate District includes portions of Erie, Genesee, and Monroe Counties.

Rath has served in the Erie County Legislature since first winning election in 2007. His district includes Amherst, Clarence, Akron, and Newstead. In the Legislature, he has been a fierce advocate for the reduction and reform of County government to lower the property tax burden, including co-sponsoring the effort to reduce the size of the Legislature from 15 to the current 11 seats. Throughout his 12 years in office, Rath has never voted in favor of a tax increase, and he voted against Erie County’s 2020 spending plan, due to runaway spending increases and public safety concerns.

New York Farm Bureau:

“Governor Cuomo’s proposed funding of $29 million is integral to the success of a number of important agricultural programs that support research, marketing and promotion of New York farm products. In addition, New York Farm Bureau supports the proposed Environmental Protection Fund that assists with conservation and stewardship programs utilized by farmers across the state.

"This year, Governor Cuomo also is proposing several new budget changes that are among our organization’s biggest priorities for the year. This includes a permanent Refundable Investment Tax Credit for farmers, increasing funding for the Farmworker Housing Program to $15 million and expanding the definition of family that was severely limiting in the recently enacted farm labor law. The budget language will better reflect the reality on farms today as many extended family members also play significant roles on farms and should not be covered under new farm labor regulations. These additions will begin to offset the increased labor costs facing our state’s farms, and we thank Governor Cuomo and his administration for continuing to work with New York Farm Bureau to address these issues.”

From the NYS Association of Counties President John F. (Jack) Marren:

In 1966, the State’s new Medicaid program cost county homeowners and businesses $112 million in local property taxes. Today, that cost is $7.6 billion.

More than 50 years later, in 2013, to address property taxes at the local level, the state capped increases in local Medicaid costs. On behalf of the 62 counties, including the boroughs of New York City, we are grateful to Governor Cuomo and the Legislature for championing the State's cap on local Medicaid cost growth. It has proven to be an historic safeguard against property tax growth.

Once again, counties stand united behind lowering the cost of Medicaid and improving the quality of care for those in need. We will review what is under local control to accomplish this, as well as what parameters are under state control, to insure the integrity of the taxpayer-funded health care program.

As with any organization, today’s health care costs, especially those embedded in Medicaid, are inherently systemic. Right now more than one third of New York’s population is on Medicaid, more and more Baby Boomers are accessing costly long-term care, and other medical coverage—from prescriptions to X-rays to hospital stays.

Counties stand ready to work with a Medicaid Redesign Team to assist the state with reforming its Medicaid Program.

The proposed county budget for 2020 includes a 7-cent property tax rate increase for county residents, up from $10.04 to $10.11, while the county grapples with new state spending mandates but manages to keep the tax levy under the state's 2-percent cap.

The proposed tax levy is $31,015,658, up $759,567.

Mandated expenses, from Medicaid to law enforcement functions, will consume 72 percent of the levy.

Total anticipated general fund expenditures are $114,048,256, or $13,030 less than 2019's.

New mandated expenses include additional services related to the Raise the Age legislation, which now requires most criminal cases involving 16- and 17-year-olds to be referred to a youth court, at $318,373. The state is expected to provide the county with full reimbursement for these expenses.

What is not reimbursed are expenses related to bail reform and new evidence discovery requirements, which require the District Attorney's Office to add additional staff, including a new full-time assistant district attorney, a part-time ADA, and a new paralegal.

The Public Defenders Office is also adding an attorney but this expense will be covered by state aid. 

The county will have 452 full-time-equivalent employees. 

While the state is pressuring municipalities to enter into more shared services agreements, the county has pretty much exhausted those opportunities, County Manager Jay Gsell suggested in his budget statement.

The county has been sharing services with County Highway and other county highway departments for 21 years. There are also shared service agreements for the Health Department with Orleans County and combined youth services between the county, city, and Orleans County. 

The Chamber of Commerce Tourism Bureau has an anticipated budget of $420,000, entirely funded by the bed tax. 

A motor pool agreement with Enterprise Fleet Management and energy savings initiatives as a result of consulting with Johnson Controls currently gives the county an anticipated $200,000 in savings.

A public hearing on the proposed budget will take place Nov. 6 in the Old Courthouse. The Legislature will vote on the proposed budget Nov. 25.

Here is the anticipated schedule for review and adoption of Genesee County's 2020 budget:

Sept. 11, Wednesday, 4:30 p.m.
Budget Discussion
Conference Session before Legislature Meeting

Sept. 11, 6 p.m.
Comprehensive Plan presentation after Legislature Meeting                       

Sept. 6, Friday
Date for departments to submit budget request to County Manager

Sept. 9 – 30
Final review of department and agency budgets by County Manager with meetings scheduled between County Manager and department heads on budget and staffing requests

Oct. 2, Wednesday, 5:30 p.m. 
County Manager reviews overall County budget with Legislature. Legislature selects which departments to review services and respective budgets for Saturday morning meeting

Conference Session after Ways & Means Committee meeting               

Oct. 5, Saturday, 8 a.m. to noon              
Legislature meets with selected departments

Oct. 9, Wednesday, 4:30 p.m.
Review department discussions held on the 5th and further review of the budget and direction for County Manager
Conference Session before Legislature Meeting          

Oct. 16, Wednesday, 5:30 p.m.
County Manager reviews status of budget and summarization of major issues
Conference Session after Ways & Means Committee meeting                 

Oct. 21, Monday
County Manager files Recommended Budget with Legislature Clerk and releases budget information to the media

Oct. 23, Wednesday, 4:30 p.m.
County Manager provides overview of Recommended Budget to Legislature
Conference Session before Legislature Meeting

Nov. 6, Wednesday, 6 p.m.
Public Budget Hearing – County Manager’s Recommended Budget -- in Courthouse Chambers

Nov. 13, Wednesday, 4:30 p.m. 
Legislature considers feedback from Public Hearing and makes further recommendations
Conference Session before Legislature Meeting        

Nov. 20, Wednesday, 4:30 p.m.
Ways and Means Committee Budget Review with referral to full Legislature
Ways and Means Meeting

Nov. 25, Monday, 5:30 p.m.
Legislature Meeting – Budget Adoption

Press release:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN, That the Genesee County Legislature will meet at the Genesee County Old Courthouse, 7 Main Street, Batavia, New York on Wednesday, November 8, 2017 at 6:30 p.m. for the purpose of holding a Public Hearing on the Tentative Genesee County Budget for 2018.

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

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

• Members of the Legislature $12,117 each
• Chair of the Legislature $15,943

The 2018 budget County Manager Jay Gsell is filing contains a property tax rate increase of six cents, to $10.13 per thousand of assessed value.

The manager's budget only becomes law if the County Legislature fails to pass a budget before the end of December.

At a meeting of the whole yesterday, no member of the Legislature expressed outright support for the increase and several said they oppose it and want to hold the rate at $10.07.

To do that, legislators will need to appropriate another $186,000 from reserve funds or find an equal amount of spending to cut.

Gsell's budget already calls for spending down the reserves again by $1 million.

“We’ve got the money, we should use it," said Chairman Ray Cianfrini. "I don’t think we should be hitting the public with another tax increase. Right or wrong, I think they think perception-wise that the Nursing Home money is money we have to apply toward this. I’m just throwing that out as my recommendation.”

Legislator Marianne Clattenburg said, “You’ve got to remember, people’s assessments went up, so their taxes are already going up.”

Both John Deleo and Ed DeJaneiro expressed opposition.

"I don’t think I could vote for a budget unless we went to $10.07," DeJaneiro said.

Now that Gsell has submitted the manager's budget, legislators will have two weeks before a public hearing to make their suggestions for fine-tuning the revenue and spending plans.

The county's spending plan for 2018 calls for a total expenditure of $130,180,842, which will be paid for by a combination of state and federal reimbursements and local property and sales taxes along with miscellaneous fees and use taxes.

The property tax levy under Gsell's plan is $29,492,783. That's an increase in the levy of $268,120, which is within the state's two-percent tax cap mandate.

That mandate is being made tougher by Albany. The Raise the Age law passed earlier this year -- which will bring more 16- and 17-year-olds accused of crimes into the Family Court system -- was written to withhold funds for reimbursements for additional expenses from the law to counties that fail to hold the line on the two-percent cap.

This is also the first year the county is not saddled with the expense of the Genesee County Nursing Home, with its 160 jobs (full-time equivalents) and $16 million budget, which was draining as much as $2 million from local taxpayers each year.

There remain 540 FTEs on the county's books. Personnel is the largest expenditure for the county, but the pressure of the expense has been mitigated the county's share of the state's pension program remaining flat for 2018, more employees falling under Tier IV of the pension program, and the cost-savings success of the county's health coverage program, which now has employees contributing 10 to 20 percent of the premiums.

Unfunded state-mandated expenses continue to eat up a good portion of the tax levy. The 8-9 programs cost local taxpayers $22,315,765, or 76 percent of the levy. Medicaid is $9.4 million of that expense.

In all, Department of Social Services provides health aid to 12,500 senior citizens, children and adults in need at a cost of $95 million (most of which is covered by State and Federal expenditures).  About 60 percent of the expenditure is for long-term nursing care.

Other unfunded mandates include indigent defense, pre-K/elementary handicapped education services, probation, mental health, the jail, Safety Net, family assistance, child welfare and youth detention, according to Gsell's budget message.

Another mandate Gsell knocks in his message is the requirement from Albany that counties give raises to district attorneys. On April 1, the DA's salary will go up to $193,000 and there's nothing local elected officials can do about it.

"This is merely a reflection of the unilateral and paternalistic attitude of Albany and the disregard for local county government fiscal constraints," Gsell said.

The most significant personnel change in the budget is the addition of a compliance officer, who will report the county manager and oversee compliance with state and federal regulation related to the more than $11 million in grants the county receives so that revenue isn't inadvertently jeopardized. 

"(The position) has been strongly recommended by our outside/consulting corporate compliance attorney and our independent auditors," Gsell said.

As for proceeds from the sale of the nursing home, DeJaneiro wanted to know if the state could mandate what the county does with the money. Gsell said that is one thing the state leaves entirely up to local discretion.

There are still accounts to settle related to the nursing home, so the final total of the proceeds (profits) from the $15 million sale is not yet available, but whatever the amount, it will likely be placed in the capital improvement fund.

DeJaneiro suggested it go to help pay for repairs to roads and bridges and Gsell said that is one possibility, but the county is looking at the state soon requiring the county to build a new jail with a potential price tag of $43 million.

As expenses continue to go up every year in a county budget that for years has held the line on tax increases and cut personnel and services year-after-year, one concern for legislators about the tax cap is if they don't raise the property tax by six cents, then the amount they can raise taxes in future years if dire circumstances require it is diminished.

To get around this Legislator Bob Bausch asked if the county could raise the rate by six cents and then on the tax bill immediately turn around and rebate property owners the six cents per thousand, thereby increasing the total amount of the levy without actually taking more from taxpayers.

"I think it’s sort of a gimmick," DeJaneiro said.

Bausch replied, "Of course it’s a gimmick. The whole thing is a gimmick," meaning the state's arbitrary tax cap.

"Fight gimmicks with gimmicks," Legislator Andrew Young observed.

No vote was taken on the budget. There will be another budget discussion next Wednesday.

As County Manager Jay Gsell gets closer to pitching his proposed 2018 budget to county legislators, the focus in budget talks is on what staff positions will be created and which will be eliminated.

New positions might include a compliance officer, a first assistant district attorney, and a program coordinator in the Department of Mental Health.

On the way out are a child care worker in Social Services and a youth program specialist in the Youth Bureau.

Many of the positions being eliminated are reclassifications of jobs within the same department. For example, in Mental Health, two part-time clerk-typist positions become one full-time position. Public health is eliminating a principal financial support specialist but adding an administrative officer and part-time senior financial clerk-typist.

If a first assistant district attorney position is created in the District Attorney's Office, which is expected to go to Melissa Cianfrini at a salary of $111,783, an assistant district attorney position, with a salary of $91,915, will be eliminated.

The headline new position, however, is the compliance officer. The potential salary is $87,694 and the position will report to the county manager. The compliance officer will make sure the county is meeting all federal and state requirements for privacy, disability accessibility, health record privacy and other codes and regulations that are often tied to the grants the county receives from state and federal agencies.

“If Tim Yaeger or somebody wants to apply for a Federal grant, a Homeland Security grant, or some other kind of grant, they can the requirement of the grant, hand it to the compliance officer who can digest it and make sure we are currently meeting the requirements or what kind of changes do we need to make administratively to make sure we’re going to meet requirements,” said Matt Landers, assistant county manager.

There are millions of dollars in grants at stake in the county if the county fails to meet compliance requirements. 

The qualified job applicant will have a four-year degree and at least two years related work experience, or a master's degree and two years experience.

The Youth Bureau is eliminating a position because there's no guarantee the federal government is going to continue to fund Americorps. That program ends at the end of the year and the current director of the program will spend January and February winding down the program and then will be out of a job.

The Sheriff's Office is also asking to add two new positions, an assistant to the director of emergency communications, at a salary of $67,109, and an emergency services dispatcher, $43,128.

From the current budget draft, Gsell must trim $257,831 to arrive at a tax rate of $10.13, which keeps the tax levy increase within the tax cap limit. Without further cuts, the Legislature would need to approve a tax cap override. If the Legislature wants to get the tax rate down to this year's $10.07 per thousand of assessed value rate, Gsell will need to find $460,000 in additional spending cuts.

Gsell will present his draft budget and his annual budget message later this month.

Along the way to settling on a 2017 county budget, the process wasn't without a bit of acrimony, but looking forward to future budgets, there may only be more pain ahead.

The County Legislature passed its budget last night, 7-2. It raises county property taxes to $10.07 per thousand of assessed value, creating a property tax levy of $28,699,115. The increase required the Legislature to vote to override the state's 2-percent cap on an increase of the levy.

Legislative Chairman Ray Cianfrini said he thought his colleagues could have done better and voted against the budget, which takes effect Jan. 1. 

"The county manager presented us with a proposed budget that used reserves to decrease the tax rate and keep us under the tax cap," Cianfrini said. "Now, we are rejecting it for a budget with an increase in the tax rate and that goes over the cap. I think we could have done better."

John Deleo also voted no. (Corrected)

The budget County Manager Jay Gsell presented in October took $1 million from the reserve fund and redirected $1 million in anticipated sales tax revenue that would typically go into the long-term capital project fund and cut the tax rate to $9.79.  

A report earlier from County Treasurer Scott German stated that if the county continued on the same path it had for the past eight years, of spending about $2 million in reserve funds per year, the county would be broke within five years.

That particularly concerned legislators Andrew Young and Bob Bausch and they initially pushed for a budget that took nothing from reserve funds. The problem they ran into: the Legislature couldn't find $2 million in spending to cut without cutting essential services, such as law enforcement; and they were no more happy with the idea of a tax rate approaching $10.50.

The compromise a draw on reserves of only $500,000, but that lowered the rate to only $10.25, so the legislators met again to try and find more spending cuts. They invited in Undersheriff William Sheron (the next sheriff), Public Defender Jerry Ader and District Attorney Lawrence Friedman to discuss cuts.

Out of that, the Sheriff's Office still gets its two new corrections officers, which will help save the overtime costs associated with deputies transporting female prisoners between courts and jail facilities in other counties, and Ader keeps his caseworker, which helps ensure criminal defendants meet their obligations, but Friedman won't get to promote ADA Melissa Cianfrini to his first assistant.

He's been without a first assistant for six years and the discussion over the promotion became contentious, with both Ray Cianfrini, Melissa's father-in-law, and Friedman suggesting that the reason some on the legislature didn't want to give her a raise is because she's a woman.

That suggestion didn't go over well with members of the Legislature, particularly Bausch, who pointed out he has three daughters, including one who is an attorney.

Future budget years don't promise to get any easier for a county that has already been through years and years of spending cuts, eliminating more than 100 jobs, keeping management pay about 95 percent of market value, delaying maintenance on infrastructure, reducing spending on support agencies, selling the nursing home and holding off on building a new jail.

All this in an environment where the state continues to mandate increases in spending -- this year, for example, forcing the county to increase the salary of the district attorney -- and a new White House administration that promises to eliminate the Affordable Health Care Act.

That, Gsell said, "will render asunder state and county budgets."

The AHC required the county to take on more Medicaid expenses, mainly by ensuring more people who are qualified for Medicaid are receiving Medicaid. The number of people locally who are enrolled in Medicaid has gone from 8,800 to 12,200.

The county's share of the expense is now $178,000 per week.

That expense won't be reduced if the AHC is repealed because the people currently receiving Medicaid will still be eligible for Medicaid, but the federal government's share of the expense, which flows through the state to the county, will be reduced.

That's a mandated expense the county can't legally avoid.

And the increase in enrollment is not without its benefits, Gsell said. It helps control expenses because people are in managed plans and are not relying on emergency rooms for their medical care.

And the fight continues with the state over other mandated costs. The state recently increased the standards for indigent legal defense and with the changes, there was supposed to be relief from the $1.2 million in county expense, but the bill that would make that change has lingered on the governor's desk.

That will be a topic of discussion next week, Gsell said, when representatives from all 52 counties in the state meet for their annual convention.

Meanwhile, work has already begun on the request of legislators to come up with a five-year plan for the county. There is a template recommended by the Comptroller's Office and the county's auditors for five-year planning, Gsell said, and staff has already started working through it.

That plan will set priorities, provide a framework and anticipate contingencies that may help with future budget discussions.

Also, last night, Cianfrini announced that discussions have begun at the most preliminary stages with Orleans County about building a regional jail.

Assuming the County Legislature passes its proposed 2017 budget next week, it will contain the largest property tax increase in recent memory, taking the rate from $9.86 per thousand to $10.07 per thousand of assessed value.

Nobody likes a tax increase, Ways and Means Chairman Bob Bausch noted after Wednesday's committee meeting where the new proposed tax rate was announced, but a 2-percent increase is far more manageable for most people than a 4- or 5- or 6-percent increase, all of which were on the table at one point during the budget talks over the past couple of months.

To get the rate down to $10.07, from a proposed rate of $10.25 a week ago, the Legislature had to come together on a proposal to withdraw another $500,000 from reserve funds -- a total of $1 million out of reserves --to balance the general fund.

The total property tax levy will be $28,969,114, a 2.13-percent increase over last year, which will require the Legislature to override the state's tax cap on levy increases.

It looks like Ray Cianfrini, the chairman of the Legislature, will be the sole dissenting vote on the 2017 budget. He thinks the tax rate can be lower. He thinks the county can afford to withdraw more money from the reserve to help keep the tax rate down.

"The budget being presented is a better budget than we had a week ago, but, again, I'm not going to support it," Cianfrini said.

Over the past dozen years, the county has not calculated into its projected revenue the proceeds of properties sold at the annual tax lien auction.

The count doesn't tally this up as anticipated revenue because it's so unpredictable. One year, the county brought in an extra $400,000 from the auction, but another year it was down to only $7,000 in revenue.

However, Cianfrini said, the average is $142,000. He would like the county to budget for at least some level of revenue from the auction.

Cianfrini is also concerned the county in its budget planning is not giving enough credit for the coming cost savings from the sale of the Genesee County Nursing Home and the boost that will give to the reserve fund balance.

After spending $1 million from the reserve, the county will have a fund balance of $7.7 million. The anticipated net proceeds from the nursing home sale will be more than $6 million, giving the county a fund balance in excess of $14 million.

That's a record amount, Cianfrini said.

"The fund balance is still taxpayer money," Cianfrini said. "It's money we collected from taxpayers and didn't spend. Whenever we have the opportunity, we should give that money back to the taxpayers."

No members of the Ways and Means Committee responded to Cianfrini during the meeting and the resolution to recommend budget approval to the full Legislature passed 4-1.

After the meeting, Bausch said he isn't comfortable counting on any amount of money coming from the sale of Nursing Home until all of the bills related to the sale are paid, which won't happen for another eight or nine months.

"At some point, we will know what those final numbers are," Bausch said. "We have made a significant commitment to our constituents to use that money for roads and bridges. Yes, there is a discussion to be had (about what to do with the money), but we're not anywhere near ready for that discussion."

A week of wrangling and discussions has helped county legislators come up with a 2017 budget that will increase the property tax rate to $10.07 per thousand dollars of assessed value.

A week ago, it was looking like the rate would be about $10.25 cents.

The rate still represents a jump over the 2016 rate of $9.86 and requires a tax levy override by the County Legislature.

While there were some minor spending adjustments made since last week, much of the change is rate is based on an agreement by the Legislature to take $1 million from reserve funds, rather than $500,000, to balance the budget.

At the Ways and Means Committee meeting tonight, only Legislator Ray Cianfrini voted against sending the budget to the full Legislature for approval. Cianfrini said he didn't think the proposed budget accounted enough for the anticipated sale of the Nursing Home, expected to close before the end of the year, and what that will mean for the county's reserve funds and expenditure savings.

The Batavian will have a more complete county budget story posted sometime tomorrow morning.

When the Genesee County Legislature's Ways and Means Committee meets next week, it will be asked to support a county budget that will pull $500,000 from reserves to help balance the budget and raise property taxes to $10.25 per thousand of assessed value.

It won't return a first assistant DA position to the District Attorney's Office, a decision made on an 8-1 vote by the Legislature that prompted Chairman Ray Cianfrini to call his fellow members, "hypocrites."

While other budget matters were discussed during Monday's meeting, the proposal to provide District Attorney Lawrence Friedman with a first assistant -- a position that hasn't been filled in the department for six years -- dominated the conversation.

Friedman tried to make the case for the position, which he intended to fill with Melissa Cianfrini, Ray Cianfrini's daughter-in-law.

Both Friedman and Ray Cianfrini questioned whether the Legislature's reluctance to fill the position, or, more, it's seeming unwillingness to set the salary at what they believe the position is worth, is driven by gender bias.

Friedman exited the meeting quickly after the overwhelming vote against the position and Cianfrini (who cast the one vote in favor of the job) was out the door of the Old Courthouse as soon as the meeting was adjourned.

The position is necessary, Friedman said, because there should be a second-in-command when he's not in the office, there should be somebody else in the office who can handle budget and human resource matters and there should be somebody trained in other aspects of the DA's job because traditionally the first assistant DA becomes the next DA if the position becomes vacant. Friedman was first assistant before he became DA and Robert Noonan was a first assistant before he became DA.

The lack of a first assistant puts the DA's office at a disadvantage, Friedman suggested, against the Public Defender's Office, which only recently acquired its first top assistant, and also has an investigator and a case worker that the DA's office doesn't have and Friedman has never sought.

The county attorney also has a top assistant, and 60 of the 62 district attorneys in the state, including all of the smaller counties, have first assistants, and those offices often also have investigators.

The first assistant also traditionally covered a couple of specialty law areas, such as civil forfeitures, which can generate revenue for the county, and cybercrime and child pornography -- specialties that have gone uncovered by the Genesee County DA's office since Dave Gann retired six years ago.

Legislator Bob Bausch, one of the Legislators who initially questioned the need for a first assistant in the DA's office, said he wondered if it was necessary in an office where all the ADAs are professionals and in the day and age of digital communications.

"Yes, in this day and age, I am accessible, even on vacation, by email and text messages and I’m not complaining about that, but I believe there should be somebody who is trained and has the experience necessary to serve in my absence," Friedman said.

Legislator Marianne Clattenburg questioned why after five years it was suddenly an urgent need in the DA's office to have a first assistant.

Friedman made the point that after Gann left, he was asked to cut spending in 2011 and again in 2012, so he didn't think it was appropriate then to ask to backfill the position.

"I waited five years and I realize it’s never going to be restored unless I push it," Freidman said to explain why he's asking for the position now.

Other members questioned whether the position was really necessary since the office was able to operate six years without it.

"I guess I wonder why we would be penalized because I’ve tried to comply and not pushed and not asked for more money all the time and I’ve waited and I’ve waited and I just feel it’s time," Friedman said. "You know, you could make us wait forever obviously, but I don’t think we ever should have gone without that position, but we did. In a sense, I feel, we were not forced to, but it was the right thing to do at the time. I hate to see us penalized for doing the right thing back then."

Included in Monday's discussion was the potential salary of the reconstituted position. In his initial request, Friedman asked for an increase in his salary budget of $30,000. County Manager Jay Gsell knocked that down to about $9,000, to bring the salary in line with recommendations of a management salary study completed four years ago.

Friedman argued that Melissa Cianfrini is underpaid relative to her 17 years experience as a litigator and that her salary is only where it should be now because of a grant received through the Department of Social Services to pay for prosecution of welfare fraud cases.

Traditionally, the county has paid a new top assistant what that person's predecessor made, which is how Friedman arrived at the $30,000 above Melissa Cianfrini's current salary.

That seemed to be the pay range Ray Cianfrini was pushing for because the next undersheriff, Greg Walker, will be paid the same $89,000 salary outgoing undersheriff William Sheron made. That is a salary that is about $3,000 more than recommended by the four-year-old management salary report.

Ray Cianfrini said it seemed only fair that if Walker was paid according to what the previous undersheriff made, which will represent a pay cut for Walker, then the new first assistant in the DA's office should be paid what the previous first assistant made. Or they should both be paid according to the recommended salary structure.

At a previous meeting, Cianfrini first raised the concern that the Legislature's potential unwillingness to raise the salary for the position was driven by gender bias.

Friedman brought that subject up again Monday evening.

"All I can say is I hope the potential of different treatment of our office is not based on the gender of the person who is going to be receiving the position," Friedman said.

Bausch was the first to speak up and reject that suggestion, noting that he has three daughters, one who is an attorney, and a wife who worked professionally until she retired.

"With members of the press here, I just want to make this point, because I don’t want to be hassled when I go home," Bausch said. "Don’t accuse me of saying this was an issue based on the sex of the employee, because I’ve got four women who are going to kill me.”

With the 8-1 vote against creating the position, the salary question was moot, and Cianfrini wasn't happy.

"Amazing, absolutely amazing," the chairman said. "It makes me think about whether there are other agendas involved here. Ok, let’s go on to the next … you’re all a bunch of hypocrites as far as I’m concerned.”

Some legislators took the barb in good humor, with Legislator Shelly Stein piping up to ask a question, "Hypocrite Stein, here."

Another topic covered Monday was what if any personnel cuts should be made in the planning department, or how the department might generate revenue to cover its expenses. Director Felipe Oltramari said when he first took over the department, it was short staffed and over the past year, with better staffing, they have been able to catch up on a lot of work.

A cut in staffing might mean the department would need to eliminate some of the technical assistance it provides to towns and villages, which helps ensure consistency and conformity in the application of zoning and code enforcement on projects.  

Stein, among others, suggested that down the road, municipalities might be charged a fee for such support.

It's either that or reduce the amount of sales tax revenue shared with the municipalities.

Bausch and Legislator Andrew Young continued their push for a five-year plan for county government. 

Revenue and expense woes are only going to get worse, so a plan is needed.

Young is worried about a treasurer's report that suggests the county will fall into insolvency within five years unless it stops dipping into its reserve funds to balance the budget.

Bausch believes the county will be forced to build a new jail within five years and the expert advice given to the county is that they will need $18 million in reserves when that project goes out to bond. Currently, the county is about $11 million short and Bausch doesn't see how the county closes that gap on its current course.

Here's something you don't hear often in the chambers of the Old County Courthouse: Members of the Genesee County Legislature raising their voices and talking over each other during a policy discussion.

Members of the normally decorous body got a little testy with each other at times Monday night during negotiations over the 2017 county budget that has no easy answers as state and federal mandates continue to drive up expenses, eating up more of what local taxpayers contribute to the county budget, leaving precious little left for essential local services.

A substantial property tax increase looks inevitable, bringing it up to a rate as high as $10.30 per thousand. That's a 5-percent increase in the levy. That would mean the Legislature would need to override the state-mandated tax levy increase, which the full body approved earlier in the evening.

As members chattered near the end of the discussion about what level of increase they could accept, Legislator Shelly Stein said, "We know we’re going over. We absolutely know we’re going over."

It's just a question of if they can find a way to cut expenses enough to shrink the size of the increase, and with each member of the Legislature having a good reason to protect this or that expenditure, reaching a consensus on what to cut is proving difficult. They agreed not to eliminate the request for two new corrections officers in the Sheriff's Office, nor to eliminate a road patrol position next year. They also won't eliminate a case worker position in the Public Defender's Office after PD Jerry Ader explained that the position legislators thought was grant funded really isn't. They couldn't agree on whether to make cuts in the planning department or the District Attorney's Office -- and County Manager Jay Gsell explained why a hiring freeze would be a bad idea.

Cuts to the highway department would leave an already depleted staff with fewer people to get road work done. You would have, Gsell said, all flagmen and no workers on road projects, for example. In social services, there has been a significant increase in case load post-Obamacare with no increase in staffing. Any cuts to the Department of Motor Vehicles would reduce county revenue. 

“We are a service business," Gsell said. "Even in this day and age with all the technology, the bottom line is, we deal with people, and most people on a face-to-face basis, and if we don’t, they still end up coming in our offices to get their problems resolved. If we were retail, we could do that kind of stuff, just stop hiring people, but then of course our shelves wouldn't get stocked."

Over the course of his tenure as county manager, Gsell said, the county has eliminated nearly 100 jobs, leaving all departments operating at a bare-minimum staffing level.

When Chairman Ray Cianfrini did a straw poll asking members what percentage of tax increase would members be willing to support, there was no support for a 7-percent or a 6-percent increase, but a passing majority was willing to go along with a 5-percent or 4-percent increase.

Cianfrini joked that he knew Legislator Andrew Young wants to hold it at zero percent, but Young said he raised his hand for 5 percent.

"I understand we’ve got to increase taxes," Young said. "We can’t help it and we should increase it less by cutting more is my opinion, but can’t allow ourselves to become insolvent either. "

The potential of insolvency is a real concern for Young, who has raised it several times during budget discussion. The concern is a big reason legislators are unwilling to take more than $500,000 from reserves to help balance the budget and don't want to transfer nearly $1 million in anticipated sales tax revenue from the road and bridge fund and use it to balance the 2017 budget.

Young, Robert Bausch and Marianne Clattenburg are all arguing that the county needs to come up with a five-year plan that will guide budgeting decisions, with more data and some anticipation of the variables the county might face on revenue and spending in the coming years.

"I've never been part of an organization that didn't have a plan for the future, and we don't have a plan," Young said.

If the budget process doesn't start sooner next year, Bausch said, and there's no budget discussion prior to an October meeting, then that meeting might as well be canceled right now because it will be a waste of time.

The Legislature will meet at 5 p.m. Monday to discuss the budget again.