genesee county

A car was reportedly heading eastbound on the westbound lanes of Route 490 and is now into Monroe County. Monroe County tells Genesee dispatch it has received numerous calls about the wrong-way driver.

Press release:

County delegates from across the state recently elected the Chair of the Genesee County Legislature Mary Pat Hancock to serve as president of the New York State Association of Counties (NYSAC) during their annual meeting.

“Chairwoman Hancock has proven to be a wise voice on the NYSAC board and a committed advocate for counties. We are pleased our members have elected her to serve in this leadership capacity,” said NYSAC Immediate Past President William Ryan, a Westchester County legislator.

“I am honored to serve as president and to continue the work which is necessary to address the serious challenges we face,” said the Honorable Hancock. “Implementing an effective property tax cap, redesigning Medicaid and improving the process for State reimbursement to counties for delivering state services locally will be our top priorities.”

Hancock has served on the Governor’s Task Force on Local Government Reform, and is a 2002 recipient of the New York State Senate Women of Distinction Award. She currently serves on the Genesee Finger Lakes Regional Planning Council and is chair of the Genesee Transportation Council.

“New York county leaders are facing unprecedented challenges in governing and we are fortunate to have Mary Pat Hancock of Genesee County to dedicate her talent, passion and commitment in a leadership position,” said NYSAC Executive Director Stephen Acquario.

The New York State Association of Counties is a bipartisan municipal association serving all 62 counties of New York State, including the City of New York. Organized in 1925, NYSAC’s mission is to represent, educate and advocate for member counties and the thousands of elected and appointed county officials who serve the public.

When it comes to roads, there isn't much good news for the county, according to Tim Hens, highway superintendent.

There simply isn't money available for basic maintenance and with the cuts expected to the county budget, the county may not have the manpower this winter to operate snow plows.

The past several years, the towns have assisted the county as part of a shared services agreement, but the patience of town supervisors is wearing a little thin, Hens told the Public Services Committee on Monday.

"At the last meeting I got some blow back that enough is enough," Hens said.

County Manager Jay Gsell is asking all the departments in the county to cut spending by 5 percent.

For the highway department a five percent cut -- after years of trimming -- means layoffs, Hens said. That's all there is left to cut.

"Technically speaking, our staffing will be three people short of what we need to respond to a snow or ice event," Hens said.

Even if the county raises the property tax levy 2 percent, as allowed under a new state law, the increase won't even cover the anticipated rise in the county's retirement and medical expenses for 2012.

Without money to resurface roads as needed, the county has been sealing and patching cracks, Hens said, but many of the roads are well beyond these patchwork repairs.

"It's gotten to the point where even the public knows it's not the right treatment for the road," Hens said. "We get phone calls about it, but it's not like we don't know what we're doing. We have no option. There's no money and we're trying to stretch it as far as we can."

Among the cuts in the upcoming budget will be reduction painting pavement markings on county roads.

“That’s a service that people out on rural roads really depend on on a stormy night," Hens said. "That’s getting cut out."

This summer a bridge on Arnold Road in Elba had to be closed because one of the supports had completely rusted away. Funds from other bridge repairs had to be diverted to pay for the bridge to be replaced.

Several county-owned bridges now have weight limits on them that prevent fully loaded school buses from driving on them.

"Our snowplows really shouldn't be on them," Hens said.

It wasn't all bad news for the county that Hens delivered to the legislators, though.

Revenue is up about $100,000 at the county airport because of record fuel sales, and all the new hangars are leased and there's a waiting list for hangar space.

Also, a new online reservation system for county parks will make it easier for residents to book pavilions for parties and picnics.

The automated system will end the need for people to drive to the highway department facility on Cedar Street to make reservations and save about two hours per day of staff time to deal with reservations.

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."

When a property in a town or village is seized in a tax lien foreclosure, by law and by courtesy, the county ensures towns, villages and school districts receive the back taxes owed those jurisdictions. 

The county also reimburses some related expenses the local jurisdiction might incur, including, up 'til now, demolition costs on condemned buildings.

But that can get expensive, so County Treasurer Scott German proposed to the Genesee County Legislature on Wednesday that the county stop guaranteeing towns and villages that demolition costs will be covered.

German is asking the legislature to pass a resolution, followed by a letter from County Attorney Charles Zambito to mayors and supervisors, declaring that the county will no longer cover the cost of demolition on tax lien foreclosed buildings.

Some costs could be covered, German said, if the property fetches more at auction than is owed in delinquent taxes, but for parcels without buildings, that rarely happens.

German told the Ways and Means Committee that, for example, on a parcel that is less than an acre, it might bring $3,000 at auction, but the demolition cost on a building might be $20,000.

The way things have been, the county ends up paying the entire bill, even though it had no part in contracting for the demolition.

"Who can blame them for going in and taking care of demolition, but it shouldn’t be a county cost," Legislator Mary Pat Hancock said.

Under state law, the county must reimburse school districts and towns for taxes owed when it forecloses on a property, and the county has provided those reimbursements to villages, even though not mandated by law.

The city takes care of its own tax lien foreclosures.

In May, the county's share of sales tax was up $116,000 over May 2010, according to County Treasurer Scott German. So far this year, sales tax revenue is up $755,000.

German presented the figures to the Ways & Means Committee on Wednesday afternoon, and Mary Pat Hancock, legislative chairwoman, was quick to point out the county shouldn't start rejoicing just yet.

The year isn't over and most of increase stems from the run up in food and gas prices, two inflationary factors that may yet reduce consumer spending in other areas.

"There's going to be some pain associated with it," Hancock said. "Maybe I'm wrong, but I'm not going to depend on that continued upswing."

County sales tax revenue still hasn't caught up with 2008 levels, German said, when the total exceeded $34 million, but his best guess -- and he emphasizes it's just a guess -- is that 2011 revenue will be more than $33 million, which would beat the 2009 figure of $32 million.

Genesee County lost 291 residents according to 2010 Census data released in the past week, but the losses were not evenly distributed throughout the county.

Over the last decade, some areas gained residents, such as the Town of Batavia, most notably, and the Village of Le Roy.

The City of Batavia was the big loser, shedding 791 residents, with the southeast section of the city getting hammered with a 15.7-percent drop in population.

The Town of Batavia gained 894 residents, with 6,809 people in its jurisdiction, up from 5,915 in 2000.

The Village of Le Roy grew from 4,716 to 4,739 residents. The Town of Le Roy dropped 2.2 percent, to 5,361.

The Basom area, which includes the Tonawanda Indian Reservation now has 483 residents, a 9.9-percent drop from 2000.

Other counts: Alabama, 6,161 -- down 3.8 percent; Oakfield and Elba, 5,620 --  down .4 percent; Byron-Bergen, 5,489 -- down 3.3 percent; Pavilion and Bethany, 4,260 -- up .8 percent; Alexander and Darien, 5,692 -- up 3.2 percent.

The county's African-American population has increased from 1,284 in 2000 to 1,612, now comprising 2.7 percent of the county's population.

The Hispanic population here has increased from 904 in 2000 to 1,616. It's now 2.7 percent of the population.

The numbers of Asian-Americans grew from 292 to 355.

Total housing units have expanded over the past 10 years from 24,190 to 25,589. Occupied housing units stands at 23,728 compared to 22,770. There are a little more than 400 additional vacant housing units than 10 years ago.

It would be a good idea, according to County Highway Superintendent Tim Hens, to install cameras to monitor the gas pumps used to fill up county vehicles.

In some counties employees have been caught stealing gas. Hens didn't come right out and say any Genesee County personnel are stealing gas, but he would like to have a system that would much such theft easier to prove.

"The only way to catch somebody now is to compare like vehicle to like vehicle," Hens said. "If one pickup truck is getting 15 miles to the gallon and another is getting only nine, then I'm going to say 'something is not right here,' but you're still dealing with somebody with only circumstantial numbers."

A camera would allow supervisors to check tapes (digitally stored) and see if employees are bringing in personal vehicles at the same time they fuel county vehicles, or filling up gas cans.

Legislators Ray Cianfrini and Bob Baush balked at the $19,000 price tag for the video surveillance system during the Public Service meeting Monday. They wondered if fewer cameras could be used, or if surveillance was necessary at all.

"Is it worth paying $19,000 to save $40 in gas?" Cianfrini asked.

Besides monitoring the pumps, the proposed system can also monitor the parts garage and could eventually be expanded to monitor nearby DeWitt Park.

Hens said that as much as $2,000 annually from potentially pilfered gas could be saved and the camera system -- which needs to be infrared to read license plates at night -- has a 10-year life expectancy.

But it isn't all about how much might be stolen, which is a hard number to pin down with the current system, Hens said.

"On principle, I don’t know if you want an employee who is stealing $40 of gas," Hens said. "I think you would rather catch those people."

Currently, fueling county vehicles involves a two-card process -- one card for the employee and one card for the vehicle.

As the meeting progressed, Tim Yaeger, director of Emergency Services, walked in. He and Undersheriff Bill Sheron spoke briefly and then Yaeger piped up, saying there might be Homeland Security grants available for the camera system.

Since the fuel yard is essential to critical services in an emergency, it needs to be protected, Yaeger said.

The motion to buy the system was tabled until Yaeger could research the availability of grants.

For Batavia-area residents working in Monroe County, unless they specifically earmark their United Way donations for Genesee County, the money will remain in Rochester.

The formula for divvying up the funds has been changed, starting with the next pledge campaign. United Way's fiscal year runs from March 31 to April 1 of the following year.

More than a dozen local nonprofits rely on help from the United Way. Recipients include the Salvation Army and the Genesee/Orleans Regional Concern. Each year they receive a portion of funds based on the estimated percentage of people who commute to work in Rochester (since Genesee County falls under the umbrella of the Rochester-area United Way).

As expected, about $20,000 in so-called "commuter dollars" will be forthcoming this year.

But thousands of dollars could be rerouted to Monroe County charities for the 2011-12 pledge drive and beyond unless people designate Genesee County as the intended recipient of United Way funds.

"The best we can do is word of mouth -- we don't have money to market and tell people that this is required or we don't (get to) keep the money here," said Jamie Beedham-Rada, regional director of the United Way.

The option for designating funds for a particular county was not included on pledge forms until now.

The code number 9022 must be noted on donor/pledge forms, including those filled out online.

"Their thinking is that big donors, like Xerox, etc., don't have as many workers, donations are down, and there are fewer dollars to go around," Beedham-Rada said. "So unless they use the 9022 code number, the money will stay in Rochester.

"That's our concern -- we could lose thousands and thousands of dollars, Beedham-Rada said. "The fix is easy, but if people don't know, the money won't come back. And without United Way funding, many local agencies would be in dire straits."

Should have had this up sooner -- several people have asked for the results of Saturday's county tax lien auction. Below is the list of properties we previously published with the sale price in bold at the end of each listing.

• 7016 Macumber Road, Alabama, mobile home, .46 acres; Assessed, $48,200; Taxes owed, $3,778.70. ($19,000)
• 10 Edgewood Drive, Batavia, single-family residence, .61 acres (and neighboring parcel); Assessed, $185,000; Taxes owed,$33,938.61. ($90,000)
• Pearl Street Road, Batavia, vacant lot, .28 acres; Assessed $1,300; Taxes owed $694.41. ($1,200)
• 7521 Mechanic St., Byron, single-family residence, .53 acres; Assessed $30,000; Taxes owed, $5,508.57. ($9,000)
• 11036 South St. Road, Pavilion, single-family residence and out buildings, .06 acres; Assessed $56,800; Taxes owed $1,150.60. ($11,000)
• 8562 Lake Road, Pembroke, residence with small improvements; Assessed $20,000; Taxes owed $2,019.39. ($7,000)
• Alleghany Road, corner of Cohocton, Pembroke, 10 acres, rural vacant lot; Assessed $6,300; Taxes owed $994.97. ($5,100)
• 6128 Sweetland Road, Stafford, 19.77 acres with buildings;  Assessed $37,300; Taxes owed $8,101.81. ($52,000)
• 103 Lake St., Le Roy, single-family residence, 2.3 acres; Assessed $72,400; Taxes owed $12,820.58. ($49,000)
• 21 Lake St., Le Roy, single-family residence, 5.6 acres; Assessed $88,900; Taxes owed $14,343.02. ($41,000)
• 5 Pleasant Ave., two-family residence, .12 acres; Assessed $31,000; Taxes owed $11,124.13. ($7,000)
• 34 N. Pearl St., Oakfield, single-family residence, .15 acres; Assessed $60,300; Taxes owed $8,358.20. ($21,000)

Total profits for the county aren't available yet, according to Treasurer Scott German. He said the interest on back taxes need to be calculated out of what was owed in order to arrive at the final profit number. Those calculations haven't been done yet.

Twelve foreclosed properties, assessed at more than $637,000 total, will be auctioned off Saturday as Genesee County attempts to recover unpaid taxes on them.

In all, the county would need to yield at least $102,830 from the auction to recover all of the unpaid taxes.

The properties include six single-family residences and range in lot size from .12  up to nearly 20 acres.

Here's a complete list of available properties:

• 7016 Macumber Road, Alabama, mobile home, .46 acres; Assessed, $48,200; Taxes owed, $3,778.70.
• 10 Edgewood Drive, Batavia, single-family residence, .61 acres (and neighboring parcel); Assessed, $185,000; Taxes owed,$33,938.61.
• Pearl Street Road, Batavia, vacant lot, .28 acres; Assessed $1,300; Taxes owed $694.41.
• 7521 Mechanic St., Byron, single-family residence, .53 acres; Assessed $30,000; Taxes owed, $5,508.57.
• 11036 South St. Road, Pavilion, single-family residence and out buildings, .06 acres; Assessed $56,800; Taxes owed $1,150.60.
• 8562 Lake Road, Pembroke, residence with small improvements; Assessed $20,000; Taxes owed $2,019.39.
• Alleghany Road, corner of Cohocton, Pembroke, 10 acres, rural vacant lot; Assessed $6,300; Taxes owed $994.97.
• 6128 Sweetland Road, Stafford, 19.77 acres with buildings;  Assessed $37,300; Taxes owed $8,101.81.
• 103 Lake St., Le Roy, single-family residence, 2.3 acres; Assessed $72,400; Taxes owed $12,820.58.
• 21 Lake St., Le Roy, single-family residence, 5.6 acres; Assessed $88,900; Taxes owed $14,343.02.
• 5 Pleasant Ave., two-family residence, .12 acres; Assessed $31,000; Taxes owed $11,124.13.
• 34 N. Pearl St., Oakfield, single-family residence, .15 acres; Assessed $60,300; Taxes owed $8,358.20.

The auction begins at 10 a.m., Saturday, March 5, at Bontrager's Auction Center, 8975 Wortendyke Road in the Town of Batavia.

In a 40-minute long State of the County address, Genesee County Legislature Chairwoman Mary Pat Hancock made sure she had something good to say about every department in county government, but saved the true crux of the problems facing local government until the end of her speech.

In a nutshell, the county is being crushed by mandates.

"It is a fact that these nine state mandates consume 90 percent of the statewide county property tax levy," Handock said. "No amount of public outcry can impact a local budget that is already 'spent by Albany.' Action and change must come before they spend all of your money."

Medicaid, Hancock noted, costs counties across the state only $115 million in 1966. Now, the local share is $7 billion and the total NYS bill is $53 billion.

"That's more than $1 billion a week and it is certainly a good part of the reason the state's budget is broken," Hancock said.

Other state mandates mentioned by Hancock: public assistance/safety net program; child welfare protection/prevention; special education pre-K; indigent defense; probation; early intervention; youth detention; and the pension system.

"Each of these basically good programs could be improved and become more efficient and cost effective by making some obvious changes," Hancock said. "Refocusing upon the initial intent of the program, redesigning the delivery of services, following the recommendations of statewide task forces who have studied the concerns, and eliminating the trend to simply pass on excessive costs of state programs to the counties instead of reforming those programs."

Hancock said that calls to cap property taxes don't go far enough.

"Slowing and capping the growth of property taxes only insures that New York State retains its position as the state with the highest property taxes in the country," Hancock said.

For the complete text of Hancock's State of the County speech, click here.

This information comes from a news release from Assemblyman Steve Hawley's office:

On Dec. 23, a hearing -- without an opportunity for public input -- was held on outdoor wood boilers by the state Department of Environmental Conservation. It decided to go full-steam to outlaw existing units and require stringent, and costly, regulations for newly built ones.

Wood-burning boilers are commonly used on farms and multi-acre properties to convert accessible natural resources into energy for heating homes and businesses.

“Time and time again, we see that a lack of transparency in government breeds regressive, anti-business policies,” said Assemblyman Steve Hawley.

Previously, the DEC agreed to phase out their use, instead of banning them, after heated protests at public hearings, including at least one in Genesee County, and heavy scutiny from members of the Assembly Minority Conference.

Hawley characterized Thursday's hearing and the DEC's reversal as "an example of irresponsible bureaucracy at its worst. The DEC rammed through new regulations that will drive the cost...upwards of $10,000."

He says the decision ignores the impact on people in rural areas like Western New York and serves as yet another example of what happens when the power is taken from the public and given to bureaucracies.

"Once again, state officials have ignored the will of rural New Yorkers and ushered through their own misguided agenda, with no consideration of the expense to the taxpayer.

“In light of the recent controversy surrounding the DEC, I find it appalling that they would continue to repeat the mistakes of old, rather than turn over a new leaf."

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.