budget

Your opportunity to sound off about the proposed 2013 Genesee County Budget will be 7 p.m., Nov. 8, at the Office of the Aging, 2 Bank St., Batavia.

The proposed $100.9 million spending plan will be supported in part by a 10-cents per $1,000 property tax rate increase, making the rate $9.99.

The total levy is $26,428,478.

While the budget may include cuts to nursing home staff, no other significant changes in county government are planned, though legislators have warned that in the near future drastic cuts may be necessary if Albany doesn't deliver on mandate relief.

There are no sacred cows in county spending any more said Mary Pat Hancock, chair of the Genesee County Legislature, during a budget session on Wednesday.

After first-term Legislator Shelly Stein questioned with trepidation why the county finances the Holland Land Office Museum, Hancock said the legislature should consider every discretionary line item as a possible cost savings.

Legislature Robert Bausch added county parks, GoArt! and the libraries into the mix.

Marianne Clattenberg and Ray Cianfrini had already suggested Genesee County Economic Development Center for the chopping block.

Of course, it's not going to go over well if the legislature cuts both the county's economic engine and its tourism engine, Hancock said.

Clattenberg said that, at least with her constituents, she won't be able to explain a cut to something like HOLM if there aren't also cuts to GCEDC.

Legislators believe the county is facing a fiscal crisis of massive proportions, driven by Albany's cap on tax increases and the inability of state officials to curb spending -- specifically the so-called "unfunded mandates" that counties must fund with no control over how much the expenditures will be or how the money is spent.

During the meeting, there were no votes taken, no decisions made, no real proposals put forward. The budget conference was just a chance for each member of the legislature to sound off about their budget thoughts and concerns.

Frank Ferrando, participating in his first round of budget talks as a legislator, suggested his colleagues stop calling the Albany-driven spending spree "mandates." He said what the mandates really are is a tax on counties levied by Albany politicians.

During the meeting a lot of anger and frustration was directed at Gov. Andrew Cuomo for earlier in the day proclaiming that the tax cap enacted nearly two years ago by the State Legislature is working.

"It frustrates me that the governor can take credit and the Assembly and the Senate can take credit for the tax cap," Ferrando said. "They're killing us and we're too soft on them. It's time to face off. The counties are going broke. They're taxing the heck out of us. The rank-and-file don't get it. You call it a mandate. They don't know what a mandate is. Tell them it's a tax. Everybody gets what a tax is. Our taxes are going up."

Earlier in the meeting, Hancock made a lengthy statement about Cuomo taking credit for the tax cut, but never addressing the need for mandate relief. And she pointed out that the county legislature will need to make big cuts --  if not this year, then next -- to what small part of the budget it does control.

"He says they curbed out-of-control spending by the counties," Hancock said. "That's the message he's put out there, making us all the bad boys and bad girls of local taxes, but he's not talking about mandate relief or a true takeover of Medicaid.

"He said the tax cap worked and to some extent, that is true," Hancock added. "It's not going to change until the people see their services are not the same. They can't be the same. You cannot do what you did for less money.

"They feel if we were just a little more clever, if we pinched here and we did this little bit more wisely, then we would have plenty to spend on local services, but we don't have any control over a lot of these expenses," Hancock continued.

"You heard about the impact on all of the constituents we serve," Hancock said. "You heard from our veterans. You heard from Genesee Justice. You heard from probation. You heard from DSS. These people serve your constituents and we're the ones cutting their budgets. We're the ones sitting here at this table and the pie is getting smaller."

Stein opened the discussion Wednesday evening by asking why the county has both a probation department and Genesee Justice.

"Why they can’t be one, or is that taboo and we can’t talk about?" Stein said.

Her initial remarks were met by a long silence.

County Manager Jay Gsell pointed to a bottle of hand sanitizer in the middle of the conference table and said, "Pretend that's the grenade. You notice nobody's pulled the pin yet."

Gsell then explained that there really are some key differences between the two departments. Probation deals primarily people who have been convicted of a crime and Genesee Justice supervises people going through the court system. One agency is more enforcement-oriented, the other more about monitoring activity and behavior. Probation gets state funding. But release under supervision gets almost no funding support although it helps keep the county's jail costs down, Gsell said.

The other sacred cow several legislators expressed a willingness to gore is the Genesee County Nursing Home.

It simply costs the county too much money, they said, and is a problem that needs to be dealt with sooner rather than later.

"We need to get some direction as a legislature or we're just going to keep shoveling money into that place," Annie Lawrence said. "I just see no end to it if we continue to be owner/operators of such a place. The state and federal government are just going to shift more and more of the cost onto local taxpayers."

A looming crisis for the county are roads and bridges. Lawrence and Ferrando wondered if the county shouldn't finance repairs and reconstruction through bonds. But Gsell said one of the problems the county faces is some existing debt (which will be paid off in two years) and the failure of the state and feds to reimburse the county for social service expenses, most of it tied to the nursing home.

"That $6 million in rolling debt from the state and feds affects our bond rates," Gsell said.

When it came Cianfrini's turn to share his budget thoughts he opened with, "I know I'm going to make some enemies with this, but ..." and then he raised the issue of cutting spending for GCEDC.

"I know, it's a job well done and they've done a great job, but I don't see how we can continue to fund them at the current level when they show profits into the millions of dollars," Cianfrini said. "We're at the point, and I made this comment earlier, where we should only provide essential county services. If it's not an essential county service, we should look at cuts there."

Cianfrini also expressed concern that not everybody in the county has tightened their belts as much as they should. He cited specifically a case of members of the Public Defender's Office all going to a conference at a cost of $4,000 or $5,000.

"Was that necessary?" Cianfrini said. "No. How much of that is going on in the county. I don't know. I think we have to really start looking at where all this money is being spent and (ask) is it really necessary.

Cianfrini also suggested the county look at the services it offers and decide which ones the county should start charging a fee to provide. If the county can't raise taxes sufficiently to cover increased expenses, maybe the county should take a page from Albany's way of operating and start tacking on fees.

"It's always tough to find new sources of revenue," Cianfrini said.

Genesee County officials took dead aim at Medicaid on Monday afternoon -- not at the idea that the neediest among us receive free medical care, but that the state and federally mandated program is forced on local governments with no cost controls.

About 40 percent of the tax bill of each property owner in Genesee County -- a total of $9.8 million -- goes to help fund Medicaid.

Each week, the county wires $185,572 to the state to pay for Medicaid.

"As a county, we have waited to present our case -- that change needs to happen and fast before the ship sinks," said Legislator Annie Lawrence (pictured). "I ask you now Albany electeds, don't come home without real mandate relief for all counties in the state."

Lawrence was among several county officials who spoke at a "May Day" rally for mandate relief for local governments.

County officials also took aim at health care premiums that can't be reduced by law, and the spiraling cost of employee pensions.

All told, the nearly $2.2 million in anticipated new costs from these mandated expenses exceed the ceiling of the property tax cap by more than $1 million.

Officials are calling on Albany to enact meaningful mandate relief so that local taxes can go to local programs, such as law enforcement and highways.

The rally is being duplicated this week in counties across the state.

In an effort to grapple with ever increasing retirement and healthcare costs, along with maintaining the city's contingency funds, Batavia City Manager Jason Molino is recommending a property tax increase for fiscal year 2012-13.

The proposed budget increases the tax levy by 4.32 percent, or $241,221, to cover anticipated expenses of $15,758,611.

The increase is about $4,000 less than allowed under the state's tax cap law, according to Molino's budget message.

The rate would become $10.94 per $1,000 of assessed value, or $37 per year, or $3 per month, on a home assessed at $80,000.

Near the end of his budget message, Molino, a huge hockey fan, writes, "Put in perspective, Time Warner Cable increased the standard cable rate December 1, 2011 by $4.55/month or $54.60/year, and now you can’t watch the Sabre’s games."

Molino writes:

However, as stated in this message the City is faced with challenging decisions due to detrimental increases in state mandated costs. Use of reserve funds have been tapped to larger extents this year as fixed costs in retirement and healthcare surge, and needed equipment replacements and sidewalk repairs are required. In addition, for the first year in the last five, it is proposed that the City utilize unappropriated/unreserved fund balance to assist with balancing the budget.

State aid for municipalities will likely be reduced again, Molino said.

Retirement contributions are expected to increase 15 percent over the previous fiscal year, or by $182,000.

Healthcare is expected to go up 16 percent, or $256,000 over the prior year.

Much of the healthcare increase is being driven by an increase in health insurance for retirees.

Even with the increase in taxes, the city will need to tap $100,000 from its undesignated reserves to help balance the budget.

The budget also includes setting aside funds for future, potentially larger, increases in retirement and healthcare costs. Those reserves built up in previous years will be tapped in this budget for $65,000 apiece.

"The State’s woes cannot be an obstacle to the City’s success, and this budget continues to put our best foot forward by building our great City to its fullest potential," Molino said.

Designated reserves for equipment replacement ($210,000) and sidewalk repair ($75,000) are also expected to be used in 2012-13.

The undesignated fund balance as of March 31, 2011 was  $493,273, which Molino said is far below the NYS Comptroller’s recommended levels of 5 to 10 percent of general fund operations, which would mean a healthy reserve would be $750,000 to $1.5 million.

The city will need to spend $36,000 on a new phone system, according to the budget message. The current system was scheduled for replacement in 2009 but wasn't. Its manufacturer will discontinue support for the system this year, making repairs more expensive and less reliable.

Water rates will go up 3 percent, if the proposed budget is approved, to $4.44 per 1,000 gallons. Water customers will also pay $8-per-year for anticipated infrastructure repairs and improvements. The fee increases 50 cents year-over-year.

There are no anticipated adjustments to the sewer rate.

In the conclusion of the budget message, Molino writes:

It is strongly encouraged that the City Council considers the proposed tax increase in order to safeguard against significant increases in retirement, healthcare or other costs. While it is understood that a property tax increase is not a popular decision, approving a modest property tax increase complemented with an increase in the contingency account may avoid the need for a more drastic tax increase in following years, which may require overriding the tax cap.

To read the budget message, click here (pdf).

Photo: City Hall photo, file photo.

More than a dozen veterans made sure their voices were heard Thursday at the public hearing on the proposed 2012 Genesee County budget.

Repeatedly, veterans stepped to the podium and pleaded with the legislature to ensure the next veterans services officer is properly trained.

"Besides the force reduction through attrition, thousands and thousands of servicemen are about to become veterans," said Ernie Luskey, noting the plans to withdraw troops from Iraq and Afganistan in the next couple of years.

Those veterans will have their benefits jeopardized if there isn't a properly trained, credentialed and accredited veterans service officer working for the county, each speaker said.

"There are just too many laws, rules and regulations for a veterans services officer to pick up on the fly," Luskey said. "He has to be trained."

After the meeting, County Manager Jay Gsell said the new veterans services officer will be trained.

Hal Kreter retires from the job in August (he and his wife plan to move to Twentynine Palms in California). Gsell said his replacement will be hired in July or earlier and there are training classes available in August and September.

There is money in the social services budget to accomodate the training, Gsell said.

Gsell said there are other changes coming in the proposed budget, most significantly, the tax rate is going to be reduced.

Adjustments have already been made to reduce the rate from the originally proposed rate of $9.95 per $1,000 of assessed value to $9.92.

Gsell said the direction he is getting from the legislature is to reduce it further -- to $9.85 per thousand. The current rate is $9.82.

The county is struggling with cuts to local programs while seeing state-mandated costs -- particularly pension contributions and Medicaid expenses -- skyrocket.

Taken together, the increases in those two programs push the expenditure beyond what the county could generate in property tax revenue, if the legislature raised taxes as much as it could under the recently enacted 2-percent property tax levy cap.

Medicaid alone costs the county more than 42 percent of county's tax levy, or $10 million.

Gsell said New York is one of only three states in the union that makes local taxpayers shoulder any part of Medicaid expenses, all while also providing recipients with a "Maserati" level of numerous services, and with less oversight.

"Medicaid is the entitlement with no ceiling and minimal controls as far as case management and disease management and health-living metrics are concerned," Gsell said. 

If the state took over Medicaid costs, property taxes in the county could be reduced by about $3 per thousand.

"Contrary to what Gov. Cuomo has alleged himself or through his stalking horse, Lt. Gov. Duffy, we counties are not whining or asking to be 'subsidized,'" Gsell said.

"The state put counties in this unprecedented and unenviable position 30 or 40 years ago, with no local control or discretion to fund a benefit that the state and federal governments totally orchestrate. The state alone has the power to gradually and strategically extricate the counties from this fiscal morass."

Total proposed appropriations for 2012 are $142,098,429. That's up 1.10 percent from 2011.

Anticipated revenue for the fiscal year is $112,015,617. The deficit will need to be made up either through more cuts in spending or an increase in the property tax rate.

Gsell said cuts will be made and the rate increase will be lessened when the revised budget is brought forward on Nov. 21.

Top photo: County Manager Jay Gsell; inset, veteran Paul Gaylord; bottom, legislators Esther Leadley, Robert Radley and Hollis Upson.

The proposed county budget for 2012 will cut local, non-mandated spending by $1.1 million, but because of increases in state mandated spending, the legislature will be asked to approve higher property taxes.

The rate would go from $9.82 per $1,000 of assessed value to $9.95.

This would boost the county's tax levy by $884,000, a figure believed to be below the recently approved tax cap.

The total spending plan of $142,098,429 would eliminate 21.5 county jobs, including many through layoffs.

The budget also includes a new fee on local auto registration to help pay for road and bridge repair.

Even though county departments are cutting spending by as much as 5 percent, state mandated costs are out pacing local cuts.

County costs are being driven up by state mandated expenses, particularly in social services and physically handicapped preschool children's/early intervention budget categories.

The Medicaid weekly share payments are expected to go up by $280,000 and the county's contribution to the New York retirement system will go up $703,000.

In his budget message, County Manager Jay Gsell hits Albany and Gov. Andrew Cuomo hard on the issue of mandate relief, saying that the state Legislature has reneged multiple times on promises of mandate relief and assuming the cost of the state's $53 billion Medicaid program (the county's share is $9.8 million).

A state takeover of the Medicaid burden, Gsell said, would allow the county to lower its tax rate by $3.75 per $1,000 of assessed value.

Gsell said Cuomo has called the state takeover of expenses of this state-mandated program a "subsidy" to local governments.

"His convenient re-creation of the facts of how and why New York State counties are involved in Medicaid benefit funding is one of the most egregious, disingenuous political maneuvers I have witnessed in 18+ years as the Genesee County budget officer," Gsell wrote in his budget message (pdf). 

To help balance the budget, the county will tap into its $9.76 million undesignated fund reserve for $2.6 million. Of that, $1.37 million will help pay for the nursing home.

This action will make it harder for the county to manage its cash flow to meet monthly payout obligations, especially at a time when the state is often slow to pay what it owes to county governments.

"In the private sector, this fiscal position could be akin to bankruptcy, and it could require temporary borrowing by the county just to meet our usual and customary obligations within our 12-month fiscal year," Gsell wrote.

The budget includes a $5 to $10 vehicle biannual registration fee to help fund bridge and road repairs. The fee is expected to generate $234,000 in 2012 and up to $312,000 in subsequent years. Agricultural vehicles would be exempt from the fee.

There is no salary or merit raise increase for non-union/management positions in the budget.

It might be a bit of glasnost in the Genesee County Legislature, a weakening of the hard line legislators have taken against a tax increase for the past few years.

The oft-repeated word by the nine legislators during an impromptu budget discussion Wednesday was "tweak," as in, "tweak the current rate just a little bit."

"I think all of us have an interest in keeping the rate the same," Legislator Hollis Upson said. "One thought I have been pondering though is that with the 2-percent tax cap, I could be persuaded to let some expansion take place just a little bit. I'm not so worried about this budget, but the lack of control we have on mandates and what that means in future years. I'm a little concerned about holding the line so close that it puts us in a straitjacket or requires large cost cuts that must come from somewhere.

"I've got to the point," Upson added, "where I can tolerate a little bit of a tweak, as little as possible, and only after exhausting every other opportunity to cut costs."

Several other legislators also said a "tweak" might be exceptable, some even after taking a hardline stance in favor of cuts and against any tax increase.

"I still say there's room among our labor force to where there is still fat that can be cut," Legislator Jay Grasso said.

Grasso expressed concern that some department heads haven't been willing to step up and say what cuts they would be willing to make to help the county trim as much as 5 percent in spending.

"As much as I support public safety, that has to be looked at as well," Grasso said. "If we look at aggressive, across-the-board cuts, everybody feels the pain. If there are cuts, no department should be spared."

While offering tepid support for "tweaks," he also said he was concerned that any rate increase would send the wrong message to Albany -- that Albany can keep pushing unfunded mandates on counties knowing that if they must, counties will just raise taxes.

If a "tweak" means staying under the 2-percent tax cap, then the county could only generate only $500,000 in new revenue. Several legislators and County Manager Jay Gsell acknowledged that's just a drop in the bucket compared to the potential shortfall the county is facing.

"We need to get to $136 million (in spending) and even I think that is highly unrealistic," Gsell said.

The county has cut spending by 30 percent over the past few years. But with about 90 percent of the county's budget going to unfunded mandates, and costs rising year after year on those mandates -- primarily Medicaid and pensions, it's getting to the point where the only cuts left to make are to essential services. 

"As a former mayor of Oakfield, I'm very conscious of our aging infrastructure," Legislator Ray Cianfrini said. "We're still wrestling with our water tower issue. If we keep putting off spending on infrastructure, we're only kicking the can down the road and putting of the inevitable. 

"When I look at the damage caused by Hurricane Irene and the roads washed away and the bridges collapsed, I think 'that can happen to us.' Our bridges aren't safe and our roads barely meet standards. If we don't have the money to (take care of infrastructure), then I would not be opposed to tweaking the rate to see if we can generate some money for that."

Cianfrini also expressed concern about some funding inequalities creeping into the budget. For example, he said, the DA's office now has the same staffing levels as the public defender's office. However, the DA's office handles 100 percent of the criminal cases in Genesee County, while the public defender's office only handles cases for clients who can't afford a private attorney.

The County Clerk's office also came under scrutiny.

Last year, County Clerk Don Read argued that since his department creates revenue for the county, it should be exempt from cuts. Cuts, he argued, would diminish his department's ability to generate as much revenue.

"Why shouldn't they be asked to do more with less and then generate more money that might be applied someplace else," Legislator Bob Radley said. "Just because you pay your way shouldn't mean that you shouldn't be asked to help us along the way."

Radley is also worried about the county continuing to subsidize the nursing home at $2 million per year.

"Something needs to be done about that," Radley said.

Legislator Ed DeJaneiro said that while he supports holding the line on the tax rate, he is concerned about the damage being done to the county.

"It will get to the point where we're lessening the quality of life in our community via our nursing home, our health and safety and our infrastructure," DeJaneiro said. "Our infrastructure will be compromised if we don't stay on top of what we can do and our law enforcement will be compromised."

Only Legislator Bob Bausch spoke at length about ways to raise revenue other than a tax increase. His idea -- a marketing campaign to encourage people to spend more of their dollars locally instead of in neighboring counties.

"I have suddenly become very aware of where the heck I buy my gas," Bausch said. "I buy a lot of gas every week for my personal car and my company cars. If I'm going from Bergen to Perry or from Batavia to Perry on my typical runs, I'm buying a lot of gas."

Bausch suggested if more people who travel out of county were conscientious about buying their gas closer to home, it could help generate a good bit of extra money for the county government, taking pressure off the legislature to raise taxes.

"These things start to add up," he said.

"I'm the last person who is going to tell my wife not to go to the mall in Rochester or Buffalo and not to buy clothes," Bausch said. "I fear for my own life. But when you look at the day-to-day things we buy, it starts to make a difference. We need to get that word out there."

The Village of Le Roy managed to cut taxes with the budget the board approved unanimously Wednesday evening.

Mayor George Brady said the village is benefiting from higher PILOT (Payment in Lieu of Taxes) revenue kicking in, which enabled the village to cut the tax rate for property owners.

Among the businesses covered by PILOT that are seeing their payments increase are Le Roy Village Green and Lapp Insulator.

The approved tax rate went from $10.87 to $10.59 per $1,000 of assessed value -- a decrease of 28 cents. If a village resident owns a house assessed at $80,000, his or her taxes will decrease by $22.40.

The village tax levy from all sources was about $20,000. The approved budget totals $1,670,620.

As far as major changes from last year, equipment expenses for the police department increased by about $32,000.

Residents questioned an increase of about $25,000 earmarked for police department overtime and Brady explained that officers were asked to help as crossing guards for schoolchildren.

Generally, residents seemed pleased with the new budget.

One man said, “You’ve done a great job I think...for what you’ve got to work with.”

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.

Ed Minardo will be out of a job come Jan. 1, but Genesee Justice will carry on.

"It was certainly in my mind, 'Not on my watch,'" Minardo said after learning that County Manager Jay Gsell would recommend to the legislature that Minardo's plan to cut staff hours and eliminate his own job be approved.

And the legislature did just that Monday evening.

"I didn't want to see Genesee Justice and the great history of Judge Call (former Sheriff Doug Call) and Dennis (Wittman, founding GJ director), and the love and caring they put into it, evaporate into a memory."

Minardo said he was also motivated by the firm support Genesee Justice received from the legal community, including defense attorneys, prosecutors and judges.

"That's one of the things that made me fight so hard," Minardo said. "There was an unprecedented outpouring of support from what is supposed to be a formal legal community. The were going outside their comfort zones to express appreciation for the programs we run and the good work of our staff."

With approval of the labor union representing staff at Genesee Justice signing off on the plan to reduce work ours, Gsell was apparently able to find enough cost savings to make Minardo's plan "budget neutral," meaning it won't increase expenses for the county.

When Gsell first presented his draft budget to the legislature, it called for closing Genesee Justice as a division of the Sheriff's Office and moving many of its functions to the probation department.

At a public hearing, members of the legal community and crime victims assisted by Genesee Justice came forward and encouraged the legislature to protect the pioneering restorative justice program.

Next up for Minardo: Put together a non-profit foundation that will raise money to fill the budget gap for full Genesee Justice operations, including reinstating his job as director.

Previous Coverage.

Legislator Bob Bausch was a brave soul this evening during the county's budget discussion.

Perhaps, he ventured, the legislature should consider raising taxes.

His reason: This may be the last chance.

Governor-elect Andrew Cuomo has said he wants to cap property tax increases at 2 percent. That may apply to the total levy (in Genesee County, that's about $24 million), and it may just apply to school districts.

Or it may not.

And Bausch wondered aloud if maybe the county should raise the property tax rate by as much as $1 to establish a higher levy and avoid having its hands tied for the 2012 budget.

The suggestion hit the floor like an anvil.

No other legislator was willing to pick up the idea, though County Manager Jay Gsell did note briefly that Cuomo's proposal just seems like an attempt by Albany to further restrict what little control local governments have over local budgets.

Next year, Gsell said, the county may have to grapple with a $9 million deficit.

During the Genesee Justice discussion, Chairwoman Mary Pat Hancock said, "We must shrink the size of government because we're a burden to our constituents. We can't go back on that now."

But is there really a hue and cry from Genesee County residents of "don't raise our taxes no matter what the consequences"?

Isn't the government that's a real burden on taxpayers sitting in Albany or Washington, not 15 Main St., Batavia?

As we were leaving tonight, I mentioned to Legislator Ray Cianfrini that this is the most fascinating budget process I've covered in my journalism career. He said wryly, "wait until next year."

Here's a very interesting article about the property tax cap from LoHud.com. Well researched and well worth reading.

Genesee County's world-renowned restorative justice agency is spared the budget ax for at least five more days.

A proposal by Genesee Justice Director Ed Minardo to cut staff hours and eliminate his own job deserves further study, all nine legislators agreed during a budget discussion meeting at the Old Courthouse this evening.

While the proposal comes close to eliminating all of the expense necessary to keep the county budget balanced, more savings must be found.

But the big unresolved question is will the county's employee union, the Civil Service Employees Association, allow Genesee Justice staff to cut their own hours.

If CSEA blocks the reduction in hours, Minardo's entire plan to save Genesee Justice could collapse.

"The unions have to agree," said County Manager Jay Gsell. "We tried something similar to this with Job Development Bureau when we lost some grant funding and they said, 'don't come near here.' They don't want to make changes to the work force that create different tiers of employees."

Minardo said he hopes that by giving Genesee Justice at least one more year of life, new funding sources can be found, primarily through the creation of a charitable foundation.

"What I'm saying is take a leap of faith and take me out of the picture for right now," Minardo said. "Let us look and see if in the next year we can find more concrete funding streams. Let us see if the community will support Genesee Justice."

There are a couple of leaders in the justice community who have already offered to serve on a foundation board, Minardo said.

The idea of eliminating Genesee Justice -- a pioneering restorative justice program founded with grant money 30 years ago -- first arose in Gsell's preliminary budget proposal a few weeks ago. Gsell was under orders from the legislature to cut spending and not raise taxes.

The Criminal Justice Advisory Council -- a group of leaders in the local community justice system  that is currently chaired by Minardo -- has been working to find ways to reduce expenses to save the program. The Sheriff's Department offered more cuts to its own budget and according to District Attorney Lawrence Friedman, as of yesterday, the budget gap had been closed by less than $100,000.

Then late today, Minardo presented his proposal to the legislature, closing the budget gap to less than $12,000.

Genesee Justice's programs include handling Release Under Supervision (RUS) for pre-trial offenders, DWI conditional discharges, community service for offenders, advocacy for abused children and victims' assistance.

Under Gsell's initial proposal, the Probation Department would have assumed all of those duties except for child advocacy and victims' assistance. Child advocacy, which is entirely funded by grants, would have remained with the Sheriff's Office.

In Gsell's revised proposal, presented today along with Minardo's proposal, most functions still move to probation, but the District Attorney's Office would take over the victims' assistance program.

Friedman said the district attorney's offices in 38 counties in the state handle victims' assistance, so it's not an unusual thought, yet he's uncomfortable with the idea.

"This is not the ideal solution to say the least," said Friedman in response to a question from Chairwoman Mary Pat Hancock. "I certainly don't want to be in a position of competing with Ed (Minardo) to provide these services.

"This is not something I want to do. My position is that Genesee Justice should remain intact. That is best for the county in the long run and the best way to keep costs down."

Legislators balked at acting on Minardo's proposal with key questions still unanswered. And more than one person said they couldn't support it unless it could be made "budget neutral," meaning Minardo's plan needs to eliminate as much expense as Gsell's proposal.

Hancock expressed both support for the idea and admiration for Minardo's self-sacrifice, but also said she felt obligated to support the directive given to Gsell in the first place.

"The people who have come forth on this particular issue are people I respect," Hancock said. "These are people who don't usually take such strong stands on issues. I know they like us. They're not against us, but they're wondering why we're doing this. They must be right, but strangely I think I'm right."

There is no way, Hancock said, the legislature can consider a tax increase.

"We must shrink the size of government because we're a burden to our constituents," Hancock said. "We can't go back on that now."

Legislator Jay Grasso questioned the validity of the Genesee Justice program based on Minardo's proposal, saying that all of its supporters had argued that the level of service provided by Genesee Justice couldn't be diminished, but it seemed like Minardo's proposal would do just that.

"I'm concerned that the director's position never really was necessary," Grasso said. "At the 11th hour, this is a lot to digest and I wonder why we were even paying for it in the first place."

Friedman immediately jumped back into the conversation and made the point that Minardo's offer to eliminate his own job was being made not because it isn't a necessary role, but it's the only way to continue the good work of Genesse Justice and see if a long-term solution for financial support could be found.

"This is the next best possible solution," Friedman said. "Ed would rather lose his job than see the agency disappear and I respect him for that. I don't think it should be looked on as saying his position is unnecessary."

As for diminishing the services, Friedman said moving Genesee Justice's functions to probation would do just that. In comparing the two plans, he said, the original proposal would result in even fewer man hours devoted to the functions of Genesee Justice than in Minardo's plan to reduce staff hours.

As for cutting hours and needing CSEA's approval to do so, Minardo made the point that while recently employees have been authorized for 37 1/2-hour work weeks, Genesee Justice has also been staffed at times by employees who worked 30 and 35 hours a week.

The discussion ended with Legislator Hollis Upson saying there was a lot to consider in Minardo's proposal, that he certainly respects the recommendation of CJAC, but that before the legislature can approve Minardo's idea it must be proven that it is budget neutral.

"It’s a very unusual move to offer the sacrifice that Ed has offered and I think he deserves for us to give it some real time and consideration."

County Manager's revised budget proposal moves the duties of Genesee Justice to probation, with victims' advocacy becoming a division of the District Attorney's office.

Genesee Justice Director Ed Minardo has offered a counter proposal that keeps Genesee Justice in place, but reduces hours of staff and Ed himself would resign his position.

Gsell characterized his proposal as a reduction in service, but District Attorney Lawrence Friedman said Ed's proposal is by far preferable to eliminating Genesee Justice.

The legislature is discussing the options now.

UPDATE 5:08 p.m.: Genesee Justice is not dead yet. Ed Minardo's proposal will receive a week's worth of study to find out if some issues can be resolved (more later). The legislature will meet on this topic next Monday at 5:05 p.m.

MORE TK

After some number crunching yesterday, members of the Criminal Justice Advisory Council concluded that eliminating Genesee Justice will save the county less than $100,000.

Most of Genesee Justice's budget is covered by state and federal grants, but in recent years the county's portion of the operations expense has climbed to $237,000.

To help come up with expense savings to protect Genesee Justice, according to District Attorney Lawrence Friedman -- who's a member of CJAC -- $80,000 in possible cuts have been identified by the Sheriff's Office and Genesee Justice.

That includes a voluntary 6-percent pay cut from the Genesee Justice staff.

"We thought we made a good case (for Genesee Justice at the budget hearing)," Friedman said. "We'd still like to believe (its elimination) is not going to happen."

Thirty years ago, the concepts that built Genesee Justice -- restorative justice and offender accountability -- were novel and not universally embraced by the law enforcement and thenlegal community. Now local criminal justice experts are solidly behind saving Genesee Justice.

"As we've said, this would be like a 30-year step back in history," Friedman said.

He said CJAC members are waiting for the release, sometime today or tomorrow, of County Manager Jay Gsell's revised budget proposal to see just what the cost differential will be.

The costs of moving Genesee Justice functions to probation go beyond just adding three more staff members to the Probation Department, though solid numbers are not immediately available.

Also, it's completely unclear, Friedman said, whether the grants now used to help fund Genesee Justice will follow the programs to probation.

"There were a lot of people at the meeting (Monday)," Friedman said. "Everybody reiterated what they said at the hearing -- that this is a bad idea."

The Legislature will be in conference on the proposed budget at the Old Courthouse at 4 p.m. Wednesday.

A 15-percent reduction in the Holland Land Office Museum budget could mean a serious cut in programs or hours of operations, Board President Bob Turk told the county's Human Services Committee on Monday.

"A 15-percent cut would make it really hard to keep the museum going," Turk said.

The proposed budget provides about $39,000 for operations at HLOM.

Currently, the museum is staffed by one full-time director -- currently, Interim Director Jeff Donahue -- and a part-time staff member.

The loss of more than $6,000 in funding will mean the museum will likely need to cut its part-time employee, who provides essential support, both in terms of hours of operation and fundraising programs, that help keep the museum going, Turk said.

A 7.5- to 8.5-percent budget cut would be less damaging, he said.

Legislature Chairwoman Mary Pat Hancock, who sat in on the meeting, suggested that the museum board tap into its reserves.

"I understand you have a fund reserve," Hancock said, adding that the county has sometimes had to use its reserve funds, too.

Legislature Hollis Upson, who sits on the HLOM board, said the board has generally not considered the fund balance as something to use for operational expenses, but if it could be construed as a one-time measure, perhaps they would.

"It should be considered a survival tactic in extraordinary times," said Hancock.

Turk said he wants to find ways to keep the museum open more often, including starting a lecture series and other special events.

"I feel that the museum belongs to the community and I want to draw as many people into the building as possible because it's their building," Turk said.

There was no apparent support from legislators at the Human Services meeting for decreasing HLOM's budget cut.

The county budget must be approved by Dec. 8.

The Genesee County Legislature will meet at 4 p.m. Wednesday to discuss the 2011 budget for the final time, with decisions before them that will have consequences for the local economy and civic environment for years to come.

Top on the agenda is what becomes of Genesee Justice.

County Manager Jay Gsell's preliminary budget called for eliminating seven Genesee Justice jobs and creating three new staff positions in the Probation Department, with probation taking over most of the pioneering restorative justice program's functions.

All of the county's top justice system experts -- including District Attorney Lawrence Friedman, Sheriff Gary Maha and Public Defender Gary Horton (inset picture) -- have lobbied to save Genesee Justice.

The experts say Genesee Justice has saved the county millions of dollars because many people who might otherwise be incarcerated are carefully supervised by Genesee Justice. The loss of Genesee Justice could mean that in a few years Genesee County will need to build a new jail at a cost of up to $30 million.

County officials, however, say these are dire economic times and costs need to be cut and taxes can't be raised. The county needs to trim about $7.5 million from its initial spending plan for 2011.

For years, Genesee Justice was funded entirely by grants, but over the years some those grants have dried up and local taxpayers must pick up about $237,000 of the operational costs of Genesee Justice.

Gsell plans to save that money, figuring that probation can assume the key functions of Genesee Justice.

"We know what services Genesee Justice delivers and we know how it is delivered," Gsell said for a previous story. "What we're looking at is how can we deliver that same level of service to the community through the Probation Department."

Julie Smith, probation director, said her department can assume the services and still help keep down the population level of the jail.

For example, Smith said, probation handled the release-under-supervision program for 26 years before handing it off to Genesee Justice in 2006.

Maha warned, however, that in neighboring counties, where there are no programs like Genesee Justice, the counties struggle with their jail populations.

"If the jail population increases, the State Commission of Correction will come down and tell us to do something about our increased population -- like build a new jail or put on an addition," Maha said. "We'll be like our neighbors to our south who had to build a jail addition to address their jail population."

Besides Genesee Justice, the legislature needs to decide what to do with the Soil and Water Conservation District, which is facing a 15-percent expense cut.

The cut, local farm leaders say, could end many vital services Soil and Water provides to farmers, helping keep them in business in a tough economic and regulatory environment.

"(The cut) would be a real detriment to the agriculture industry in Genesee County," said Brad Rodgers, chairman of the Soil and Water board of directors. "Even level funding would hurt us."

Scott Page, president of the Genesee County Farm Bureau, believes keeping Soil and Water is critical to protecting Genesee County's economic base.

"If we hurt ag, we miss an opportunity to move forward," said Page. "The more we build off our agricultural base, the better the local economy will do."

The conference meeting at 4 p.m. Wednesday will not include a public comment period, but the session at the Old Courthouse is open to the public.

Following the conference meeting, the Ways and Means Committee will convene. Final budget amendments will be voted at that time, which are recommendations for the full legislature to consider. The full legislature will vote on the final 2011 county budget Dec. 8.

The future of Genesee Justice wasn't the only matter discussed at the county budget hearing a week ago. County Manager Jay Gsell made a presentation about the county's entire budget picture.

Among the most interesting slides were those dealing with Medicaid. As the pie chart above shows, Medicaid accounts for 41 percent of the county's property tax levy, even though only 10 percent of the county's residents are eligible for benefits.

Federally mandated medicaid services:

• Inpatient Hospital Services
• Outpatient Hospital Services
• Physician Services
• Medical and Surgical Dental Services
• Nursing facility services for individuals aged 21 or older
• Home Health Care (Nursing, Home Health Aide, Medical Supplies and Equipment)
• Family Planning Services and Supplies
• Rural Health Clinic Services
• Laboratory and X-Ray Services
• Nurse Practitioner Services
• Federally Qualified Health Center Services
• Midwife Services
• Early and Periodic Screening, Diagnosis and Treatment Services for individuals under 21 (Child/Teen Health Plan in NYS)
• Medicare Coinsurance and Deductibles for qualified Medicare beneficiaries for Chiropractors, Podiatrists, Portable X-Ray and Clinical Social Work Services

Additional mandated services covered by NYS Medicaid:

• Free-standing Clinic Services
• Nursing Facility Services for under age 21
• Intermediate Care Facility Services for the Developmentally Disabled 
• Optometrist Services and Eyeglasses
• Physical, Speech and Occupational Therapy
• Prosthetic Devices and Orthotic Appliances
• Dental Services, Audiology and Hearing Aids
• Clinical Psychologist Services
• Private Duty Nursing
• Diagnosis, Screening, Preventive and Rehabilitative Services
• Personal Care Services
• Transportation to Covered Services
• Hospice
• Case Management
• Inpatient Psychiatric Facility Services for Individuals under age 21 and over 65

In a long conversation today about the need for the Soil and Water Conservation District in Genesee County, Le Roy dairy farmer Dale Stein didn't once complain about an increasingly demanding Environmental Protection Agency.

He just said "Farmers need help."

That help has come for years from the Soil and Water District. Staff members have the expertise to help farmers comply with regulations that protect the land, air and water.

"All of us want to live in a good environment," Stein said. "But we can't do it on our own."

After our talk, Stein walked me across the street, through the mud and over a plank bridge that spans a cement trough, a little creek if you will, of liquid manure.

The manure is fed into a new $170,000 machine that pulls out the solids, drys it, mashes it up and sends it out a conveyor belt into a big pile in a new storage building.

Sawdust, which has served as bedding for cows for decades or longer, is getting expensive, Stein said. Increasingly, it's used in recycled products, which drives the cost up for farmers.

Now, Stein's cows sleep on their own processed manure.

"The cows love it," Stein said. "It's soft and fluffy."

Surprisingly, it has no discernible odor.

The environmentally friendly process was driven as much by federal guidelines to reduce his manure waste as it was by economics.

After a 30-percent federal grant to help pay for the project, Stein said the savings on sawdust purchasing will pay for the operation inside of two years.

Without the help of Soil and Water technicians, Stein said, the project would been a lot harder to pull off. They help identify issues on his farm that might run afoul of regulations, find the right solutions, help secure grants to pay for the projects and then ensure the project is completed within federal or state guidelines.

No farmer, Stein said, has that kind of expertise.

These are tough times, though, and the Genesee County Legislature wants to balance the county's $140.5 million budget without raising property taxes. At the same time, more than 80 percent of the county's revenue is tied up in covering the expense of unfunded mandates.

So, where the county can cut, officials are looking at deep cuts.

For the Soil and Water District, that means a 15-percent reduction -- $26,000 -- in the county's $170,000 allocation.

With the budget cut, there will be at least one less staff member in the district, according to Brad Rodgers, chairman of the Soil and Water board of directors.

"(The cut) would be a real detriment to the agriculture industry in Genesee County," said Rogers. "Even level funding would hurt us."

Scott Page, president of the Genesee County Farm Bureau, believes keeping Soil and Water is critical to protecting Genesee County's economic base.

"If we hurt ag, we miss an opportunity to move forward," said Page. "The more we build off our agricultural base, the better the local economy will do."

Page said his family has been dairy farmers in Le Roy for 50 years, and he's seen the regulations get tighter and more technical. While he doesn't think they are entirely necessary ("What farmer doesn't want to care for his animals?" he says), there is just no way the typical Genesee County farmer can keep abreast of all the regulations without experts to lead the way, he said.

Although Stein's manure recycling project has a direct economic benefit to his business, complying with many of the state and federal regulations adds nothing to the bottom line.

"It's tough for a farmer to lay aside that kind of money for something that is not going to generate profit," Page said.

Banks don't want to loan farmers money to undertake projects that often cost hundreds of thousands of dollars.

Banks are only willing to help, Stein said, because there are federal grants available to pay from 30 to 70 percent of a project's cost.

And it takes Soil and Water experts to help a farmer through the application process.

"We have a good Soil and Water program," Stein said. "But we will start losing farms in this county pretty quickly due to these regulations without help."

Photos: Top, Dale Stein in front of a pile of manure dust; inset, Stein holding a handful of processed manure; bottom inset, Scott Page.

It was a historic moment, Public Defender Gary Horton said.

"This may be the first time you have Judge (Robert) Noonan, (District Attorney Lawrence) Friedman and I all agree on something."

There was nothing but agreement from the two dozen or so speakers who took up the cause of Genesee Justice at the County Legislature's budget hearing Wednesday evening.

The budget proposal calls for the elimination of Genesee Justice as a department and moving most of its current functions into the probation department.

The change could save the county $237,000, but several speakers said that Genesee Justice saves the county maybe as much as $1 million a year by helping to keep people out of jail.

Nothing against the Probation Department, many speakers said, but probation officers won't take the same approach in dealing with offenders and victims which Genesee Justice has done successfully for 30 years.

Speakers praised Genesee Justice as a pioneering "restorative justice" program. They characterized probation as a law enforcement agency -- one that takes more of a punitive approach in dealing with offenders.

"Probation officers carry weapons, they make arrests," said Oakfield Justice Thomas Graham. "Genesee Justice is more of a social agency, they handle casework, and they work very hard to help people make it through without sending them back to jail."

After the meeting, Julie Smith, director of probation, said she disagrees with that characterization of her department.

"Probation is (also) an alternative to incarceration," Smith said. "There are about 700 offenders on our case load and if it wasn’t for us, they would be in jail.

"We are following offenders," Smith added. "We are checking up on them. We are in their lives."

According to County Manager Jay Gsell, the county budget picture is so dire -- more than 80 percent of the budget is state-mandated expenses -- that drastic measures are needed. The budget contains little that is discretionary and the direction of the legislature was to balance the budget without increasing the tax levy.

"If we were masters of our own fate, that would be a lot easier to do, but we’re not," Gsell said. "We are creatures of state government."

Genesee Justice is a pioneering agency in what is known as "restorative justice." It focuses on the needs of victims and offenders to help bring about some level of reconciliation, and to help offenders re-enter society as productive citizens rather treat offenders in a traditional law-and-order manner.

The local program was started with grants 30 years ago at a time when the concepts of restorative justice were rarely considered by judges or prosecutors. 

As one speaker noted, Genesee Justice has been cited in scholarly articles on restorative justice from around the world.

Among the functions handled by Genesee Justice are: supervising first-time DWI offenders who have been granted a conditional discharge; overseeing work-release programs and community service; helping victims of crime with getting through the judicial process; and receiving restitution payments and completing paperwork, as well as managing the "release-under-supervision" (RUS) program.

Genesee Justice took over RUS from probation 2002. RUS allows courts to release alleged offenders prior to trial who don't qualify for release under their own recognizance but do not necessarily need to be held on bail.

Judges Robert Noonan, Robert Balbick, Thomas Graham, Michael Delplato, as well as Sheriff Gary Maha and District Attorney Lawrence Friedman all expressed concern that switching RUS back to probation would mean fewer alleged offenders would receive RUS status.

"The Genesee Justice program as it has developed is amazing in terms of keeping the jail population down," said Noonan. "I know probation says they can do it and I know they honestly believe they can do it.

"But I believe what you are going to see is a spike in the population at the jail and you are going to wind up paying dollars at the far end after eliminating a very, very important program."

Balbick said he just doesn't know what will happen if RUS is moved back to probation, and that worries him.

"The RUS program runs well because we have a department that runs it well," Balbick said. "I don’t know what it will be if probation runs it. Maybe they will run it well, but I don’t know. I do know that Genesee Justice runs it well."

One speaker suggested it would take $30 million to build a new jail, if needed. Sheriff Maha noted that the current jail was constructed at its present capacity because there was a Genesee Justice program to help keep offenders out of jail.

"If the jail population increases, the State Commission of Correction will come down and tell us to do something about our increased population -- like build a new jail or put on an addition," Maha said. "We'll be like our neighbors to our south who had to build a jail addition to address their jail population."

Smith said that probation handled RUS for 26 years and they can easily take over the program again.

Several speakers said they believe the elimination of Genesee Justice is "a done deal," and that the local justice system community was not consulted first.

The repeated complaint was that only two people -- Gsell and Smith -- supported the plan and were pushing it through without a lot of outside input.

"It appears to me that the only people who are speaking out in favor of this proposal are the ones making the proposal," Friedman said. "They’re the only ones who appear to believe that it’s a good idea. Otherwise, from what I’m hearing, everyone involved in the criminal justice systems, thinks this is a bad idea."

Smith was quick to point out after the meeting that she's not the one who made the proposal.

“This is at the direction of the legislature," Smith said. "The legislature asked me to look at. It’s nothing that I sought out. There’s a lot of misinformation out there (saying) that I sought to do this, but the legislature asked us to do this and we’ll do our best to step up to the plate."

Gsell said it certainly isn't a done deal.

"How can it be? The legislature hasn’t even voted," Gsell said. "This is what we go through every year when we make proposals on the budget. I make a proposal and that becomes what the legislators deal with. That’s where we’re at right now."

The legislators we spoke with after the meeting said they certainly haven't made up their minds and they want to discuss it further with other members of the legislature before making a decision.

Mary Pat Hancock, chairwoman of the legislature, said "we're hearing the concerns and considerations of the people, and we're certainly listening."

"We will consider it carefully," Hancock said. "This is presented as a tentative budget and we don’t pass a budget for another three weeks."

Legislator Jay Grasso noted that he took copious notes during the meeting and he looks forward to sitting down with his fellow legislators to hear what they think.

Most of all, he said, it was a big change from previous public hearings where few people show up and even fewer have anything to say.

"It’s democracy in action," Grasso said. "You should have people here. You should have people questioning what we do. You should have people saying, ‘well, why are you doing this?’ I found it unique and refreshing."

Photos: Top, Gary Horton holding up a button in support of Genesee Justice; County Judge Robert Noonan; Legislature Chairwoman Mary Pat Hancock; City Court Judge Robert Balbick; County Manager Jay Gsell; Sheriff Gary Maha.

In an effort to close a significant budget gap, the Genesee County Legislature will be asked to look at eliminating Genesee Justice and moving its services to the County Probation Department.

Genesee Justice provides a variety of services, including supervising accused criminals released from jail, as well as some convicted drunken drivers, and assisting victims of crime.

County Manager Jay Gsell said in the 17 years he's been with the county, Genesee Justice has gone from a program funded entirely by state grants to one that now has $237,000 in unfunded expenses.

The county is a looking for a way to cut that expense in an effort to trim $7.5 million from the proposed 2011 budget.

"We know what services Genesee Justice delivers and we know how it is delivered," Gsell said. "What we're looking at is how can we deliver that same level of service to the community through the probation department."

Ed Minardo, director of Genesee Justice has some concerns about whether the same level of services can be maintained.

He said he's working on an information campaign to help decision-makers understand all that Genesee Justice does and exactly what's involved in delivering the current level of services.

"I'm concerned," Minardo said. "We've been here 30 years. I want to ensure that this is a carefully deliberated decision."

Under the proposal -- which Gsell says is very preliminary -- about seven-and-half positions in Genesee Justice would be eliminated and three positions created in probation.

The Children's Advocacy Center, which employs two people, would remain under the supervision of the Sheriff's Office, which currently oversees Genesee Justice.

Gsell said the change could eliminate administration and overhead costs, but it still needs further study.

Minardo said that in 2009, Genesee Justice supervised 419 people assigned to community service; and 518 people in Genesee Jail were screened for possible release under supervision; and 245 accused criminals were released and supervised by Genesee Justice. 

The number of victims helped by Genesee Justice is not immediately available.

The county budget hearing is at 6 p.m., Nov. 17 in the county courts facility.