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Legislature meets in conference Wednesday to finalize budget plan

By Howard B. Owens

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 county budget and Medicaid

By Howard B. Owens

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

Photos: Today, in Genesee County

By Howard B. Owens

With some beautiful weather, I was able to get out of the city for a bit today and take some photos. Here are three of the pictures.

Above, a Ford pickup behind Bruce Scofield's place (Scofield Roll Off Service) on Route 5 in Stafford.

An old windmill on Gully Road, Le Roy.

Silos on Pagen Farms, Gully Road, Le Roy.

Local farmers concerned about proposed budget cut to Soil and Water District

By Howard B. Owens

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.

Legal community makes a unified pitch at budget hearing to save Genesee Justice

By Howard B. Owens

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.

For a time in the 1920s, Klan popular in Genesee County

By Howard B. Owens

We don't usually think of bed-sheet-robed and pointy-hatted white men burning crosses as a New York kind of thing.

That only happened in the deep, racist South, right?

Several years ago a client delivered a set of pictures to Oakfield attorney Ray Cianfrini that were clearly shot decades before in his hometown, showing men dressed exactly like Ku Klux Klan members.

While Cianfrini knew his parents had faced prejudice because of their Italian heritage -- his mother was denied a job in an insurance agency and his father was barred from the volunteer fire department -- nobody had ever told him that the Klan was once quite popular in Genesee County.

"I was shocked," Cianfrini said. "I had never seen that depicted in a picture before. I never knew that the Klan was here."

The set of pictures -- which were taken to document the funeral of a top Klan official in Oakfield in 1922, including a cross burning -- started Cianfrini on a effort to completely research the history of the Klan locally.

But not because he wanted to show anybody up, embarrass the families of former Klan members, revenge the prejudice shown against his parents or otherwise seek some sort of retribution.

He just thought it was an interesting bit of Genesee County history that should be preserved.

"I don't hold any grudges," said Cianfrini, a former mayor of the Village of Oakfield and currently a county legislator.

From about the turn of the century until the Great Depression, large portions of the American population were gripped by anti-immigrant prejudice (see The Gangs of New York).

In the 1920s, the Klan -- originally founded in 1865 -- was resurgent and recruiting millions of members in all parts of the nation. Genesee County was no exception.

At its height of popularity, there were an estimated 3,500 to 4,500 Klan members in Batavia, Oakfield, Pembroke, Bergen, Byron, Le Roy and Alabama.

Cianfrini said the members were community leaders -- the bankers, shop owners, politicians and farmers. So long as you were native born, descended from Northern European stock and Protestant, you could join the Klan.

The primary thrust of the Northern Klan's hatred was not African-Americans, although its members certainly did hate them. It was the most recent immigrants -- primarily Italians, Poles and Jews -- who concerned them the most.

Cianfrini charted how Genesee County's populations changed in the early part of the 20th Century, when the percentage of foreign-born residents went from primarily Irish, English and German to the Irish and Polish.

The change in population corresponds to the rise of the Klan.

By 1915, for example, 55 percent of all foreign-born residents were Italian.

They were drawn here by factory work, and even though they had been farmers in their native countries, agriculture opportunities were closed to them here, so they took unskilled labor jobs.

Two events helped both kill the Klan locally and allow Italians and Poles to join the mainstream of the community, Cianfrini said.

The first occurred in 1924. 

The Klan announced a march down Main Street in Batavia, and a judge issued an order against the march. A regional daily newspaper had obtained a list of all of the Klan members in Western New York and threatened to publish the list if the march took place.

More than 20,000 Klansman showed up in Batavia on Labor Day, 1924.

The newspaper published the list.

"It drove the Klan underground," Cianfrini said.

Nobody wanted to be associated publicly with the Klan.

The second significant event was World War II.

"They always say there are not atheists in foxholes," Cianfrini said. "I say, there is no prejudice in foxholes."

When veterans returned from the war, they were much more willing to accept each other as neighbors. It wasn't long after the war that Oakfield had its first Italian board member and its first Italian firefighter.

"We can talk about how prevalent it was, but I'm impressed by how in this era, we've gone from a time when a father was subject to prejudice, (to when) his son became mayor of the village where he couldn't become a firefighter."

Proposal being floated to consolidate Genesee Justice with county probation

By Howard B. Owens

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.

Le Roy Pontillo's location among properties facing tax foreclosure

By Howard B. Owens

Foreclosure proceedings have begun against 68 county properties because of unpaid taxes, including the Le Roy Pontillo's location, according to County Treasurer Scott German.

Pontillo's owes for three years of back taxes, including school, town, village and county, totaling $24,261.

The delinquent property owners have until Jan. 14 to make final payment on their back taxes to avoid having the property sold at auction.

The auction will be scheduled for some time in March or April.

German said typically, 50 to 55 of the property owners will settle their tax issues prior to foreclosure.

All of the property owners have been sent letters, and notices have been published in two daily newspapers, with additional notifications pending.

Cuts to DMV staff would erase profits, county clerk tells legislators

By Howard B. Owens

If the county's Department of Motor Vehicles office were to cut 5 percent of its expenses, it would seriously jeopardize current, profitable revenue streams, County Clerk Don Read told the Ways and Means Committee on Wednesday.

In 2009, the county's DMV took in $70,000 in profits, and that number could top $150,000 in 2010.

As part of the county's budget process, department heads are being asked to suggest ways to shave 5 percent of their expenses.

Read said to make that significant of a cut he would need to lay off a staff member, which would mean less staff time to process DMV paperwork for out-of-county auto dealers.

Apparently, Read's office has been able to build a business around servicing the DMV needs of Monroe County dealers because of quicker turn-around times.

Eliminating staff members would take that process from three or five days to 10 days or more, erasing the edge Genesee County's DMV office has over Monroe County.

"We've gone from a deficit in that office of $41,000 to this year showing a significant profit," Read said.

He thinks 2011's profit could exceed $200,000.

Profits from the DMV office go back into the county's general fund.

Read said the local staff's primary responsibility is taking care of walk-in clients, so if staffing were reduced, their would be less time available to handle dealers' DMV needs.

About 35 to 40 percent of Genesee County's walk-in DMV clients are from outside of Genesee County, and if waits became longer because of staffing constraints, the county would start losing that business as well.

County Manager Jay Gsell called the idea of 5 percent cuts a "suggestion."

"We told the department heads, you know your budget better than we and so we'll take those suggestions and see what to do with it," Gsell said.

During the Ways and Means Committee meeting, there didn't seem to be much enthusiasm for cutting the county clerk's budget.

"The bottom line is the bottom line," said Mary Pat Hancock, chairwoman of the Legislature. "I’m glad you’re making money. I don’t want to hurt that."

DSS chief briefs legislators on fraud investigations

By Howard B. Owens

One thing you need to know about social services and fraud is that just because a person isn't living up to your standards doesn't mean that person is getting public assistance illegally.

The lady could be on her sixth boyfriend in 10 months. She could be pregnant with her seventh son. The man down the road could be a drunk or a pack rat. Both husband and wife could sit on the front porch all day smoking Senecas, or hit the corner deli every day to buy scratchers.

None of that constitutes evidence of fraud, according to Genesee County Social Services Commissioner Eileen Kirkpatrick.

Kirkpatrick spoke with the Human Services Committee today after a legislator raised questions about how DSS handles fraud cases.

While it's the responsibility of all DSS staff members to be on the look out for evidence of fraud, the department employs two full-time fraud investigators (the second position was created in 2006).

And those two investigators are kept busy.

Every day, DSS accepts 16 new applications for public assistance, and every one of them is a potential fraud case.

Of course, of the thousands of cases DSS handles every year, only a relatively few ever reach the stage of an actual fraud investigation.

In 2008, the two investigators formally investigated 342 cases, and there were 582 investigations in 2009.

"When you think about the number of cases we handle in our department, when you think about the thousands of cases, the number of complaints we investigate are really minuscule compared to what we are really doing," Kirkpatrick said.

A fraud investigation can either begin with a complaint, or during the initial application process, Kirpatrick said.

During the interview process, DSS workers look for inconsistencies, using a standardized set of "red flags": Has the applicant recently moved into the county; no documentation; primary tenant with no utility bills; landlord does not verify household composition; or an invalid social security number, for example.

Tips might come from law enforcement, other social services departments, friends, neighbors or even current welfare recipients.

"Clients are famous for ratting on other clients," Kirkpatrick said. "It's usually in defense of their own status. 'If you think what I'm doing is bad, how about ...'" motioning as if pointing to another person.

The screening process generally catches people coming into the county just looking for an easy way to get on public assistance, she said.

"People don't find it that easy to just come in and get on assistance in our department," Kirkpatrick said. "If they need help, we're going to help them, but they're going to have to do what they need to do to complete the program."

Which usually means looking for work, getting job-placement assistance, applying for job training and working to get off of public aid.

Contrary to what some may think or wish, evidence of drug abuse doesn't disqualify a person for public assistance, but all applicants are screened for substance abuse. If abuse is suspected, the person is referred to GCASA.

From time to time, a person makes it through the screening process when they shouldn't -- or gets on public assistance and then later starts earning money not originally reported.

For example, a person might start a new business and not report the income.

It's amazing, Kirkpatrick said, what a good Google search might find about a person's attempts to earn disqualifying income. Investigators also check Facebook and Twitter.

And even comments left on The Batavian -- and there have been examples, Kirkpatrick told legislators, of DSS recipients leaving comments on The Batavian that have led to investigations.

One gentleman on assistance set up a web page for his home business, complete with numerous pictures of his work, and was earning a good living making an undisclosed item. When his entreprenuerism was discovered, DSS shut off his assistance.

When a suspected case of fraud is found, assistance is terminated, but recipients have a right to appeal. During the appeal process, payments continue.

While all tips are welcome -- Kirkpatrick reiterated near the end of the meeting -- that just because a woman's millionaire boyfriend moves in, doesn't mean she is no longer eligible for medicaid. That's not fraud, she said. She could even continue to get food stamps if the boyfriend swore he bought and cooked his own food.

It's also not fraud to fail to comply with DSS rules. Rules violations could jeopardize benefits, but is not considered fraud.

Fraud is an intentional attempt to obtain benefits to which the recipient is not entitled, Kirkpatrick said.

Genesee County Kidney Walk

By Destin Danser

 The National Kidney Foundation Serving Western New York held its annual Genesee County Kidney walk today at Genesee County Park. 

Participants walked 1.5 miles around the park to raise money for the National Kidney Foundation, then came back to a shelter where there was plenty of food and drink available. Care-a-Van ministry was also on hand with plenty of drinks and prayer for those in need. 

Continued after the jump:

Walk Chair, Batavia Police Detective Richard Schauf, has a special connection to the cause. In 2007, his daughter Rachel was a senior at the Rochester Institute of Technology. Out of nowhere, she began not feeling well. She was diagnosed with Wagner's Vasculitis, which clogs the filtration system of the kidneys, along with causing other health problems. Because of Rachel's young age, many of her test results came back negative. But suddenly her kidneys began to rapidly deteriorate. She was in stage 5 kidney disease before she was diagnosed. Rachel then had to go on dialysis. 

"One day you don't have a problem, the next day your on dialysis," Schauf said. "She was just cruising through life when this disease decided to get ahold of her. My message is that this can happen to anyone."

Rachel was lucky enough to get most of her kidney function back and was able to get off of dialysis. Today Rachel is in remission and has made a positive out of her experience with kidney disease. 

"No one knows what an ordeal this is unless you have been through it," noted Schauf. "Knowing how this disease devastates families made me want to help others."

The Genesee County Kidney Walk raises funds to make a difference in the lives of people like Rachel, the 170,000 Western New Yorkers with kidney disease, and the 1,600 individuals in our community who are on dialysis.

The NKF is a major health organization seeking to prevent kidney and urological diseases, improve health and well being of individuals and families affected by these diseases, and increase the availability of organs for transplant. For more information visit www.kidney.org

Pictured here are the 10 members of the Committee for the NKF Genesee County Walk. They are: Jim and Sue Rosenbeck, Rich and Debbie Schauf, Carrie DiFrancesco, Tracy Stokes, Kathy Frank, Maria Batt, Louis and Rustie Reeb.

For those interested, next year's walk will be held on Sunday, Oct. 2.

Raccoon wears out his welcome at trailer park

By Billie Owens

A pesky raccoon running amouk in a trailer park has prompted a frustrated resident(s) to call on the law to remedy the situation.

Dispatch says it has no means of catching said menace and will not resort to shooting the varmint inside a trailer park, thus leaving open the specter for makeshift remedies.

Other information, such as what trailer park and where it is, was not heard.

Leadership Genesee seeks applicants for its Class of 2011

By Billie Owens

Here's a news release from Leadership Genesee.

Leadership Genesee
, a community leadership program uniting a diverse group of people from business, government and nonprofit organizations to study local issues is seeking applicants for its 2011 class.

Our community needs succession planning for leadership, not just elected, appointed or paid employment leadership, but the kind that receives no "paycheck." Community volunteers who work tirelessly for organizations that improve the health of the human condition must understand the issues facing the community in order to be effective.

Leadership Genesee provides the education and training for leaders as it creates an experience promoting active leadership for Genesee County.

Each year, it selects 25 individuals to participate in a unique form of adult citizenship education. The year-long curriculum is designed to raise awareness of the needs and challenges that affect Genesee County and enhance individual leadership skills through practice with a focus on civic responsibility and community stewardship. 

Through group activities, tours and presentations by key community leaders, Leadership Genesee is developing leadership for our community, with our community and in our community. 

Annual tuition is $1,950.

For an application or information, call Peggy Marone, Leadership Genesee director at 343-3040, ext. 118 or visit our web site at  HYPERLINK www.leadershipgenesee.shutterfly.com.

Leadership Genesee is a program of Cornell Cooperative Extension which provides equal program and employment opportunities.

Mercy releases numbers from first year of EMS operations

By Howard B. Owens

(UPDATED 12:48 p.m.)

It's been a year since Mercy EMS was established in Genesee County, and during that time Mercy has responded to 4,767 calls in the county.

During the same period, Mercy Flight has been put in the air for medical missions 92 times. There were 166 requests for the helicopter.

In the prior 12 months in Genesee County there were 151 requests and 83 flights.

"As you can see there was no significant change in air transports," said Mercy VP Margaret Ferrentino in an e-mail response to a question about comparable data. "This data along with results of our internal system wide utilization reviews supports appropriate use of resources."

In a statement, Ferrentino said: "We are extremely proud of the men and women at Mercy EMS; their commitment to the community and their dedication to our mission has been outstanding.

“We value the partnerships that have developed with the hospital and agencies throughout the county. The resulting teamwork allows us to effectively provide critical service to those who live, work or play in Genesee County.”

Mercy employs 51 people and has seven ambulances and three paramedic cars in service in Genesee County. 

When Mercy EMS launched on Sept. 1, 2009, the organization hired 57 people. Of those, 43 are still with Mercy.

From the press release:

“To support our patient care focus, we continue to add equipment assets and strive to provide the best work environment possible for our employees,” said Douglas H. Baker, Mercy Flight’s CEO and founding president.

Genesee County gains national recognition for food production, processing

By Billie Owens

Business Facilities Magazine has named Genesee County the nation’s second-best location for food production and processing.

Along with Livingston County, Genesee was highlighted for having a number of assets important to the food-production and processing industry. Both counties' agricultural strengths make them a prime place for food-processing companies to locate and operate.

This is the second-consecutive year that Genesee County has been widely recognized for its food-processing capabilities. Half of the county’s land is used for food production and it is its #1 industry.

Agri-business has been one of the main markets targeted by the Genesee County Economic Development Center (GCEDC). This award underscores those efforts.

GCEDC operates the Agri-Business Park, located near OATKA Milk Products, which boasts more than 200 acres of prime land for the development of food production, processing, packaging and distribution.

The area's exceptional natural resources are also key to its success. Reliable freshwater sources are very important to food processers and the Agri-Business Park has an advantage over other regions in this regard. It is not only located by the Great Lakes, but above a large natural aquifer.

Another important local advantage is the availability of transportation. The Agri-Business Park offers railroad lines and is within a day’s drive from one-third of the United States' and Canada's population.

Study of nursing home's future is on schedule, says county manager

By Howard B. Owens

An outside consultant's ongoing study of what Genesee County should do with its nursing home is proceeding as planned and on schedule, according to County Manager Jay Gsell.

The point needed to be made, Gsell said, because as the Center for Governmental Research works through its interviews, researchers are encountering questions and rumors about the status of the report.

The rumors have been as wild as suggesting that the county is looking at purchasing UMMC, which Gsell said isn't going to happen.

To remind everybody what CGR is up to, Gsell issued a "status report" to the local media today.

Full report after the jump:

The due diligence process focused on the future fiscal and operational viability of the Genesee County Nursing Home is continuing on schedule with an expected comprehensive report by the Center for Governmental Research (CGR), the outside consultant retained by the county earlier this year, to be delivered in September or October 2010.

Over the past four months CGR has engaged a broad cross section of county legislators and management staff; nursing home administration, staff and local union representatives; residents and their family members; nursing home contracted service providers and community healthcare professionals and business representatives in their fact-gathering and opinion-seeking process.

CGR conversations are also anticipated with the New York State Department of Health’s regional and state representatives as part of their review and development of the options for the long-term future of the county’s 240-bed nursing home and related services environment. This includes a detailed analysis of a variety of historical financial and descriptive data about the Genesee County Nursing Home and its various component programs and services.

Possible long-range options include:

  • Continued county ownership and operation as a county department;

  • Continued county ownership and operation as a county department with significant fiscal and operational changes;

  • Solicit through a Request for Proposal for a contract with a third party for management, operation and streamlining of facility costs;

  • Or solicit through a Request for Proposal process potential alternative ownership and/or operational agreements.

Closure is not an option being considered by the county, and all of the above options would include the ultimate goal of ensuring that the long-term institutional care needs of a diverse group of Genesee County residents are met.

The county’s commitment to quality care and a pleasant living and working environment for years to come is evidenced by the debt obligations and facility improvements it continues to make on behalf of the nursing home.

A significant capital investment was made in the facility in 2000 and capital investments continue today with necessary infrastructure projects such as roof replacement and reconnection to the National Grid electric services.

These investments are being made in spite of ongoing and projected $1 to $3 million-plus annual operating deficits and the state and federal governments’ continued capping or reducing daily reimbursement rates under Medicare and Medicaid.

The engagement of CGR as an outside, neutral expert in researching and profiling alternatives to the current deficit-financed public-sector legacy is a commitment to being as prudent, responsible and strategic as possible for the nursing home’s residents, employees and the county’s taxpayers.

The present analysis and outlining of options is an accepted standard practice engaged continuously by private business and industry. The county should be no less prudent or proactive when it comes to this heavily regulated, 24 hours/7 days per week operation. Its maintenance and upkeep are paramount to this critical piece of our community’s healthcare continuum.

Jay A. Gsell
Genesee County Manager

Genesee County Habitat for Humanity begins house # 8

By Ronald Burroughs

Genesee County Habitat for Humanity is starting its eighth house in about 11 years.

The blessing, with the new family that will be working along with many volunteers to completely renovate the house, was held Saturday afternoon with friends and relatives in attendence.

Angelina, Nikalina and Carmelina have been selected for the house at 150 State Street in Batavia.

The mother of two will have to complete hours of "sweat equity," and when finished, the keys will be turned over to her family.

Habitat will carry a 30-year, interest-free mortgage on the cost of materials.

Check geneseehabitat.com for updates on the progress of the renovations and all questions about Habitat.

Jessica Tomidy, executive director of GCHFH, on right, assisted with the blessing.

Paladino endorsed on steps of Old County Courthouse

By WBTA News

(by Dan Fischer)
Many Genesee County Republicans are throwing their support behind Carl Paladino for Governor.

Genesee County GOP Chair Richard Seibert, surrounded by a host of GOP loyalists, announced his endorsement of Paladino today.

Speaking on the steps of the Old County Courthouse, Paladino recognized agriculture as Genesee County’s number one industry. He says, as governor, he would support local farmers.

"If the farms are going to expand," he declared, "and they illustrate to us that they will reinvest their taxable profits back into the business, we're going to give them a tax holiday. We're going to share that cost with them, and it's going to be done equitably and fairly."

Paladino says if elected, he plans to halt the Mosque project at Ground Zero.

"I'm saying that as of January 1, I don't care what (stage of development) the project is in, I will stop it. And I will use what ever legal means I have available to me to stop it. It's an affront to the American people, it's an affront to the families that were lost at Ground Zero."

Paladino has petitioned his way into the Republican primary against former Congressman Rick Lazio.

Float in Elba Onion Festival parade gives a 'FIRST' look at LEGO League

By Daniel Crofts

Elba resident Chantal Zambito and her family will be parading through Elba this weekend at the Elba Onion Festival. Their vehicle: a LEGO float promoting the town's FIRST LEGO League team.

FIRST ("For Inspiration and Recognition in Science & Technology") LEGO League is an international organization that partners with experts in the fields of science and technology to get kids ages 9 to 14 involved in working with robotics and engineering.

The float will showcase robots made by the kids in Elba's FIRST team, which Zambito coaches along with Evelyn Hunt. These 'bots are connected with very simple tools and can be made to move by being hooked up to laptop computers.

Zambito says her goal is not only to promote Elba's team, but also to encourage other kids to join the leagues and form their own teams -- which can be associated with towns, local organizations, etc.

Zambito has been working closely with Genesee County communities and school districts for this purpose.

"Right now I think there are only three teams in Genesee County," she said. "I'd like to see at least six to eight teams -- that way we'll have enough teams that we can build a Genesee County Region section for the leagues."

At this time, Genesee County teams need to go to Monroe County -- which has 72 teams -- in order to compete.

"I hope to change that," Zambito said.

Zambito has been in talks with technology personnel at GCC, and they are very interested in doing this in conjunction with their Tech Wars program for high schoolers.

Each year, a different challenge is issued to the teams in terms of building their robots. This year's challenge is called "Body Forward" and will have the kids exploring the world of biomedical engineering.

Zambito and her family will be handing out informational brochures as the float passes along the parade. These brochures will include contact information.

The LEGO float will be featured in Friday night's parade -- which starts around 7 p.m. at Oak Orchard Road and lasts until about 8:30. It will also be in Saturday's "Kiddie Parade," which starts at noon on Maple Avenue and lasts about a half-hour.

Photos submitted by Chantal Zambito

Assemblyman Hawley calls on residents to lobby for end to gas price discrepancies

By Billie Owens

Here's a news release sent today from Assemblyman Steve Hawley's office.

For the last two years, I have written numerous letters and made several phone calls to the NYS Attorney General’s Office and personally met with a representative of the office concerning the drastic fluctuation in the price of gas from county to county.

In my letters, I cited the discrepancy of gas pricing and frustration felt by citizens in the 139th Assembly District.

The district I represent consists of all of Orleans County, most of Genesee County, the Town of Somerset in Niagara County and the towns of Clarkson, Parma and Hamlin in Monroe County.

In most instances, the price per gallon of gas is considerably higher in Genesee and Orleans counties than in the surrounding counties. I know there are many variables which determine the price per gallon of gasoline, but with the price per barrel of crude oil falling, this discrepancy should not occur in Western New York.

In his response to my letters, the Attorney General’s Executive Director of Legislative Affairs and State Policy Jim Malatras notified me that the issue of price gauging was still under investigation.

A two-year investigation without a concrete and definitive answer other than “it’s zone pricing” is long enough.

For this reason, I encourage citizens who feel the variance in pricing should be investigated to express your opinions by contacting the NYS Attorney General’s Office or by signing the New York State Consumer Protection Board CPB Gasoline Price Gouging Complaint Form.

Attorney General’s Office
Phone: (585) 546-7430
Website: http://www.ag.ny.gov/resource_center/complaints/complaints.html

NYS Consumer Protection Board
Website: https://www1.consumer.state.ny.us/cpb/GASComplaintForm.html

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