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Newly appointed planner says county's future will depend on smart growth

By Howard B. Owens

Felipe Oltramari is becoming director of planning for Genesee County at a potentially very interesting time.

It's a time when trends nationally are changing and a time when the county could be on the verge of unprecedented growth.

Oltramari's appointment was approved by the Ways and Means Committee on Wednesday and will be official once it's approved by the full legislature next week.

The 36-year-old native of Chile takes over for Jim Duval, who went to work for the planning department 1976, the year Oltramari was born (Duval became director in 2000). Oltramari worked for Duval for 10 years and said Duval did a fantastic job of running the department.

"If I can do half the job he did, I’ll be a very successful planner," Oltramari said.

Oltramari moved to the United States when he was 12 after his mother married a Kodak employee. He graduated from Irondequoit High School and then got a bachelor's degree from SUNY Geneseo in biology with a concentration in environmental science. After earning his master's in 2002 in environmental land planning from SUNY ESF (Environmental Science and Forestry, near Syracuse), he went to work in Genesee County's planning department.

"I'm looking forward to leading the department," Oltramari said. "We have a great staff. Holly McAllister and Jill Babinski have both always done a great job for county residents."

With the early success of the Genesee Valley Agri-Business Park and the STAMP proposal in Alabama, the county planning department -- which acts as technical assistance and advisory for town and village planners -- could become very busy in the next few years.

Helping to managing growth, planning it intelligently and protecting natural resources will part of Oltramari's duties.

"One of the things the county has to keep in mind is we have great natural resources," Oltramari said.

Chief among those resoures is great farming soils, Oltramari said. while only about 8 percent of the Earth's surface has prime farm soils, Genesee County is about 50 percent prime farm soils.

So much good soil is even more valuable when you consider the water availability in this region.

"That’s one thing that makes us a bread basket for our state, and our country at one point," Oltramari said. "That’s one thing that we have to remember, how to manage and take care of our resources and not take it for granted."

One way to do that is through what's known as new urbanism, or planning around form rather than use.

"Before we worried about factories next to homes," Oltramari said. "But now the factory might be in China and things get assembled and shipped here. The global economy has changed the way local economies work. I think one of the things we'll see is people worrying less about what the use is next door and instead worry about how it looks and sits next their property, how it relates to their property."

Oltramari is looking at trends in places like Miami and Denver, and even Buffalo, to plan growth around tighter clusters of mixed-use development, where homes are more neighborhood friendly and shopping and work are close by.

Such developments help save space, and can help protect farm land.

Unlike places such as Clarence and Williamsville, which has already been through periods of sprawling growth, Genesee County has an opportunity to manage its growth in a way that better preserves resources and promotes community.

"If we grow in a smart way, don’t waste space, treat it like we should, we'll be a successful county," Oltramari said.

Legislators pass on idea to merge planning department with county highway

By Howard B. Owens

There simply isn't enough cost savings to justify merging the county planning gepartment with the highway department, legislators concluded in a discussion at Wednesday's Ways and Means Committee meeting.

The cost of expanding office space at the highway department's facility on Cedar Street offsets any possible cost saving by sharing clerical staff.

Tim Hens, highway superintendent, said that while the planning department is understaffed, the merger wouldn't necessarily address their biggest staffing need -- help with the GIS map system.

"It's easy to get bogged down in GIS," Hens said. "If you lighten the load on the GIS side of things, we would probably all be better served in the future."

One recommendation from Hens was to move GIS support to the IT department.

Legislators uniformly said they valued the planning department's reputation for being unbiased in its assessment of land use issues.

While moving the planning department into the highway department wouldn't necessarily jeopardize that independence, it could damage the perception for the public and for the various planning boards around the county.

Senior Planner Felipe Oltramari said he shared that concern.

"Any sort of perceived bias could sour that relationship (with the municipalities) that we built over decades. With Jim (Duval, former planning director) being there for 35 years, we really have built a level of trust between the planning department and the municipalities."

As a former town supervisor in Le Roy, Legislator Shelly Stein said the department's reputation for independence is real and necessary to maintain.

"Without that -- our planning department being independent -- we lose, we all lose as a county," Stein said.

The perception could be lost because the highway department sometimes has its own projects that need to be reviewed by planning and the department also occasionally does work for Genesee County Economic Development Center.

With the possibility of STAMP in Alabama, the growing ag park in Batavia and other economic development growth opportunities, the planning department could get super busy in future years. A staff of two planners won't cut it, but for now two is all they get.

Duval retired early this year, and while Oltramari will likely be promoted to director, County Manager Jay Gsell said, his senior planner position won't be filled as the county continues to look for ways to save money.

Public hearing set for county budget

By Howard B. Owens

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.

County legislature puts everything -- everything -- on the table for possible cuts in spending

By Howard B. Owens

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.

Deluge soaks county and its roadways

By Billie Owens

The deluge of rain has flooded roadways and drainage pipes causing driving hazards and other problems.

There are reports of flooding on Route 5 and Gilbert Street, Route 19 and Hilltop, Route 19 and Wolcott in Le Roy.

In the city, Watson and Thorpe are flooded again, about six to eight inches of water as the storm wound down. The basement of 14 Watson St. flooded again. Watson and Evans was also flooded.

We'll add more info as we get it.

UPDATE 3:50 p.m.: According to the National Weather Service, it's about 72 degrees out with humidity of 87 percent. More showers and possibly a thunderstorm are predicted until midnight, with showers forecast thereafter. Route 5 is reopened.

Slow state payments for nursing home may force county to borrow money

By Howard B. Owens

CORRECTIONS: County Treasurer Scott German sent along these corrections: The IGT is a federal program, it is a state pass-thru. The amount of the IGT is yet to be determined by the state and the feds. Also, 50% of the IGT amount is paid be Genesee County taxpayers directly, it's a 50% match."

The Genesee County Nursing Home owes $3.2 million to the county's general fund, Treasurer Scott German told the Ways and Means Committee today.

Unless the state does the unexpected and transfers money owed to the nursing home before December, the county will need to seek a temporary loan to make its annual pension fund payment due by the end of the year.

"It's possible (the state payment) could happen this year, but it's doubtful," German said. "It's more likely to happen in the second or third quarter of next year."

The state owes the nursing home about $3.2 million in intergovernment transfer funds, and the county also expects to be paid about $500,000 from the nursing home for the indirect services it provides to help keep the facility operational.

Chairwoman Mary Pat Hancock said she gets a lot of confused questions from constituents about the state of the county's budget, because they read that sales tax is up $540,000 over budget, or the county got more revenue in the tax lien auction than anticipated.

It's situations like this, Hancock said, that put the county in such a dire financial position.

"It’s very hard for our constituents to understand what’s going on," Hancock said. "We should have more money than we do and we have less than anybody thinks."

Hancock added later, "We cling to the good news, but the fact of the matter is this is a crisis, a financial crisis."

The county will need to keep paying the nursing home bills, German said, regardless of how long it takes the state to reimburse the expense.

Sometimes a weed is just a weed, really

By Billie Owens

A landowner contacted the Sheriff's Office and tipped them that there was a pot crop growing on another property. The caller was told this morning that law enforcement had a helicopter fly over the property to search for the marijuana and none was found.

The insistant tipster called back a few minutes ago, apparently to double-check on the status of the matter. An officer contacted the one who spoke with the caller earlier today and asked what to tell this guy.

The officer, sounding slightly annoyed, said "Like I told him this morning, we had a helicopter fly over the property and saw the plants and they weren't marijuana."

In other words, "There's NO POT growing on your neighbor's land."

Maybe they really are just weeds.

County manager sees no direct impact on county taxpayers with Affordable Healthcare Act

By Howard B. Owens

Already burdened by a seemingly intractable unfunded mandate in Medicaid, Genesee County isn't being burdened much by the Affordable Healthcare Act, according to County Manager Jay Gsell.

Even the provisions treating the county as an employer, which have been in effect for two years, Gsell said, have had negligible impact on the budget.

While the act, often referred to as Obamacare, is increasing the size of the pool of local residents who have health care coverage under Medicaid, Gsell said if the state follows through on seeking funding from the federal government, county taxpayers won't be shouldering that burden.

The act requires states to offer Medicaid to people with annual incomes of 133 percent of the poverty rate or less, Gsell said, and NYS already offers Medicaid at 150 percent of the poverty rate.

Also, Gov. Andrew Cuomo has already instituted insurance exchanges.

With those two criteria being met, the state should receive funding from Washington to cover increases in Medicaid coverage, if the state applies for it.

The state will cover the increases in administrative costs, Gsell said, for new Medicaid recipients.

Gsell said the new group of people who will be covered by Medicaid have traditionally just gone without medical coverage, meaning they get no preventative care and seek only emergency care that the hospital can only write off as "charity care."

Now these people can establish a relationship with a doctor or clinic, get check ups and physicals and better monitor their health concerns.

"From a community standpoint, I think that's better health care," Gsell said.

Push by state to create new youth division court could cost county more than $1 million

By Howard B. Owens

A proposal to decriminalize the nonviolent offenses of 16- and 17-year-olds could cost the county more than $1 million a year, County Attorney Chuck Zambito warned the Ways and Means Committee on Wednesday.

He called the proposed bills "a huge unfunded mandate."

Zambito said issue isn't the concept, just the lack of funding to go with it.

"It's a policy decision by the legislature and that's fine," Zambito said."I'm not necessarily against the philosophy. The problem is they're doing it without the considering the effect, what the changes are going to do to the current system, that's the problem I have with it. It's another example of an unfunded mandate. They implement it without considering the real cost for it. If they'll pay for it, then fine."

There are currently two bills under consideration. Both would take nonviolent offenses, including what are now considered nonviolent felonies, and move the prosecution of those cases out of the criminal justice system.

There would be a youth division court set up under the county court that would deal with youthful offenders and decide how to properly dispose of those cases, be it conditional discharge, probation, referral to the Department of Social Services or family court.

One proposal would require the County Attorney's Office to handle the cases, the other would put the responsibility in the District Attorney's Office.

Zambito said up and down the line, there would be additional costs for the county, from staff to handle the caseload in either his office or the DA's, to specialists handling the cases in probation and DSS.

There would also be an issue of housing youthful offenders arrested on a weekend who would be held until the youth division court opened the next business day. That cost is about $500 per day per offender.

Deputy County Attorney Durin Rogers said the drive for these bills is coming from NYS Chief Judge Jonathan Lippman.

Recently, in promoting the bills, LIppman said:

"Treating 16- and 17-year olds as adults flies in the face of what science tells us about adolescent development. The adolescent brain is not fully developed. Even older adolescents have a more limited ability to make more reasoned judgments and engage in the kind of thinking that weighs risks and consequences in a mature fashion."

Legislature looking for help in defraying costs of up-to-date aerial photos

By Howard B. Owens

Assessors in Genesee County say the county's online GIS Map is an essential part of their jobs and up-to-date aerial photos are needed to help them correctly evaluate properties.

The county assessors' association sent a letter to the local legislature recently asking that the county continue to fund aerial flyovers on at least an every-three-year basis to keep the maps up to date.

The problem for the county in tight budget times: The cost is at least more than $65,000 and a nine-year plan would cost a total of $301,000.

The cost would increase significantly if the flyovers took place every two years, providing more up-to-date information.

On Wednesday, the Ways and Means Committee agreed to send a letter to the assessors and inquire if the towns, villages and city that are asking to continue the service will help pay for the service.

In their letter, the assessors said the aerial photos help determine land classifications.

"It is used to view the overall imagery of a parcel that is not available to view from the right of way," they wrote. "Outdated imagery makes it much more difficult to see any changes that may have occurred to a piece of property ... aerial imagery helps in discovering improvements to a piece of property that otherwise would not have a value."

Community Report Cards released: Genesee is a regional leader in tourism, but more kids live in poverty

By Billie Owens

Press release:

In March, ACT Rochester released its 2012 Community Report Card, which showed how well the seven-county region compares to New York State in education, health, housing and nine other areas.

Today, ACT Rochester released individual report cards for Genesee, Livingston, Monroe, Ontario, Orleans, Wayne and Wyoming counties. These County Report Cards indicate how each county is faring in the same 12 topic areas compared to the state and the extent of long-term progress each has made since 2000.

“We got a clear message from the more than 225 people who attended our Community Report Card event that while the regional report was eye-opening, more county-specific information was needed to drive action,” says Ann M. Johnson, ACT Rochester program director.

The County Report Cards aggregate data from more than 100 community indicators at www.ACTRochester.org <http://www.ACTRochester.org> and use symbols, colors and arrows to provide a quick, at-a-glance overview of the well-being of each of our seven counties. This data cover the topics of Arts, Culture and Leisure, Children and Youth, Community Engagement, Economy, Education, Environment, Financial Self-Sufficiency, Health, Housing, Public Safety, Technology, and Transportation.

Genesee County has relatively low crime, affordable housing and it is a regional leader in tourism. Young people are doing well on several measures: pre-kindergarten participation has increased, graduation rates are high, cases of Persons In Need of Supervision (PINS) are down, and high proportions of youth report healthy community involvement. However, areas of potential concern include increases in children living in poverty, car crashes involving alcohol and people seeking substance abuse treatment.

Some specific examples include:

•       Tourism spending in all counties in the region fell since 2005, but Genesee's rate ($1,570 per resident) remained the second highest, with only Ontario County attracting more tourism dollars per capita ($1,670). Genesee also had the highest recreation spending per resident in the region, at $182 in 2010.

•       Genesee County's average salary, adjusted for inflation, has been rising since 2004. In 2010, the average salary of $33,820 represented an increase of 7 percent since 2000. This growth was similar to the state’s growth, and well above the regional growth rate of 1 percent.

•       Although poverty rates increased across the region, Genesee County experienced the greatest increase of all the counties, rising from 8 percent to 14 percent. The national and state rate is 14 percent.

Overall, all seven counties are performing better than New York State in Education and Housing, with six performing better in Children and Youth, Economy, and Financial Self-Sufficiency. In Community Engagement all counties except Monroe lag New York State.

When reviewing long-term trending, most of the counties are either making improvements (more than 1 percent) or results are unchanged. Only Transportation has improved by more than 1 percent (indicated by "up" arrows) in all seven counties. In the area of Education, all but Wyoming County has shown progress. Progress in the areas of Community Engagement, the Economy, and Housing is deteriorating by 1 percent or more across all seven counties.

“With these county report cards now available, we encourage neighbors and community leaders to locally and regionally work closely together to change what is not working and build on what is,” says Tom Argust, chair of ACT Rochester’s Advisory Committee.

ACT Rochester is a joint project of Rochester Area Community Foundation and the United Way of Greater Rochester. Data for these Report Cards and all data on ACTRochester.org is compiled and updated by the Center for Governmental Research.

To find the the Genesee County Report Card and County Profile, visit www.ACTRochester.org <http://www.ACTRochester.org>, click on the "Our Community" tab at the top and then select Genesee County.

Boy Scouts honor 2012 'Distinguished Citizens' at GCC

By Daniel Crofts

Area scouts showed their colors and displayed true Boy Scout pride last night for the "BoyPower Distinguished Citizens" dinner at Genesee Community College.

These young men and their leaders are members of Iroquois Council Trail, Inc., the Boy Scouts of America council serving Genesee, Orleans, Wyoming, Livingston and Niagara counties. Every year, they honor one outstanding community member from each county.

Betty Lapp was the 2012 Distinguished Citizen for Genesee County. Lapp is the former director of GCC's Nursing program. She retired in 2005, and has been a "professional volunteer" ever since.

Originally from Ohio, Lapp has an impressive track record as a Geneseean:

  • Board Chairperson of United Memorial Medical Center
  • Board Chairperson of Genesee Valley Educational Partnership (formerly BOCES)
  • Regional Action Phone
  • Family Counseling Services
  • Parent Teacher Association
  • Cub Scouts
  • Genesee County Department of Health
  • Genesee County Mental Health Services

Her service to the wider region includes membership in the following organizations:

  • Lake Plains Community Care Network
  • WNY Rural Area Health Education Center
  • Genesee Valley School Boards Association

Other recipients were:

James Culbertson, Livingston County

David Bellavia, Orleans County (Bellavia currently lives in Batavia, but is originally from Lyndonville)

MORE after the jump (click on the headline to read more):

Mitchell McLaughlin, Wyoming County

Ken Kaufman and Michelle Farina, Niagara County

According to Roger Triftshauser, DDS, BoyPower Dinner chairman and master of ceremonies, these are people who have "gone over and above in service of the common good."

Click here for a list of past recipients.

The featured guest speaker was Vice Admiral Dirk J. Debbink, chief of the Navy Reserve. He spoke of his days as a Boy Scout and of what the Scouts taught him about preparedness, leadership, teamwork, self-reliance, and the "power of an oath."

Triftshauser announced that he would be paying for two Boy Scouts to attend this year's summer camp in honor of Debbink. He chose to do this in lieu of giving Debbink a personal gift, for which he knew he would receive a check in return.

Additional photos:

Scout Executive James McMullan

Photo courtesy of Kevin Carlson

Silent auction items:

Cost of criminal appeals shifted from one county office to another

By Howard B. Owens

When county legislators went looking for ways to cut expenses in 2012, they asked several department heads to target certain percentages of cost reductions.

Gary Horton, public defender, needed to trim 10 percent from his budget.

That meant ending one of the services his office provides, he said. He couldn't cut criminal defense, and he couldn't reduce family court expenditures.

That left, he told the Public Service Committee today, his office's appeals division.

The division was staffed by a single attorney, and that attorney is now in private practice, receiving assignments from Randy Zickl, the attorney who handles the county's assigned attorney program.

Zickl told the committee that while the assigned counsel program is slightly under budget, it won't end the year that way because the office will be picking up so much of the appeals work for indigent defendants.

It wasn't an expense anticipated in the county's budget for the assigned counsel office.

"It hasn't been too bad, but it's building up," Zickl said.

Committee Chairman Ray Cianfrini guesstimated the eventual cost overrun could be $100,000. Zickl didn't argue the estimate and Horton told Cianfrini if the original appeals attorney was still on his staff, the cost would be significantly less.

An appeal can cost the county from $2,400 (sometimes, but rarely, less) up to the thousands of dollars, Zickl said.

And since defendants have a constitutional right to adequate defense, the county has no choice but to foot the bill one way or the other.

"There's much more work to do on the defense side of an appeal," Horton said.

The defense attorney must read every page of every transcript from every appearance a defendant makes in court, identify points to appeal, formulate an argument, find the proper citations and write a 50-page or longer brief.

The prosecution, he said, need only respond to the points raised by the defense and such responses tend to be about only five pages long, Horton said.

That's why, he said, appeals can get so expensive.

Years ago, he said, his office didn't handle appeals. They were always handled by assigned counsel, and that's another reason he said that if cuts to his office were mandated, cutting appeals made the most sense.

Horton also explained that Genesee County is joining with several other counties in the region to apply for a grant that would create a regionwide appeals office that would assist defendents with appeals throughout the region.

If the program doesn't come together, Horton still hopes Genesee County will get the grant -- it was the first county to apply for the funds from the state. The money can be applied to funding a local appeals division.

County officials hold rally at Old Courthouse to draw attention to unfunded mandates

By Howard B. Owens

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.

Genesee County is great, making it better is part of 'livable community' effort

By Howard B. Owens

By showing up at Genesee Community College this morning, more than 150 local residents demonstrated that this is a livable community, said Jill Babinski, a senior planner for the county.

But they also know things can always be made better.

In today's terms, that means "more livable," which was the focus of the forum at the college.

"I grew up in Erie County and I've chosen to live here and be here, so I think Genesee County is very livable," said Babinski, who also referred to Genesee County as the best county in the state.

"If you take into account all of the economic activity recently, companies from the outside are also judging Genesee County to be livable, because you're not going to bring your company here unless you know there are things here for your employees to do."

What makes a community livable?

That's a complex and not easily answered question said keynote speaker Vera Prosper, director of Livable New York.

It's easy to say it means it's a good place to live, work, to grow up and grow old, but what that means is different for each person and each community.

Generally, it means a place with a variety of housing to meet the needs of different people at different stages of their lives. It means good jobs, viable transportation, nice parks and sound infrastructure, up-to-date technology, smart land use planning, plenty of shopping, quality schools and accessible health care.

"These are the kind of elements that make up our living our environment," Prosper said. "They’re very tangible. They’re easy to see, easy to measure, easy to associate with livability. These are the kind of elements people look at when they’re aiming to improve livability."

Livable communities are sustainable. They are ones people want to move to, live in, and not leave.

"In order for Genesee County to at least to remain marketable, we have to address all of those isuses to get people here and to get people to stay here," Babinski said.

The County Planning Department is using the forum to kick off an update to the comprehensive plan, and the effort includes setting up a volunteer vision committee as well as 10 focus groups.

Babinski encourages residents to get involved.

"I've always believed, you can't complain unless you put in some effort," Babinski said. "We want people to put in the effort and then if they have a problem they can complain and make sure it turns out the way they want it to."

A strong community, Prosper said, is one where people are involved, and involvement spurs economic activity and better opportunities for all residents.

"It is a community's responsibility to understand what is coming up in that community and not base decisions on yesterday’s circumstances," Prosper said.

Former reporter takes aim at Miss New York title

By Howard B. Owens

Brittany Baker has been selected by the Miss New York-USA pageant to represent Genesee County in the upcoming competition, but since there is no local event to crown her Miss Genesee, Baker asked the county legislature on Wednesday to give her permission to use that title.

Members of the Ways and Means Committee didn't feel the title is theirs to bestow, but they had no objection to her being called Miss Genesee in the competition.

Baker said she was told she needed a letter of support.

"What if I am Miss New York and go on National TV," Baker said. "I think it would be a great thing if I started out as Miss Genesee."

Legislator Ray Cianfrini said that he didn't see an issue with the legislature not objecting and offering its best wishes on her effort, but since nobody really owns the name "Genesee" it wasn't the legislature's place to grant her that title.

A graduate of SUNY Brockport, where she majored in broadcast journalism, Baker is a former staff writer for the Batavia Daily News and The Batavian.

After the meeting, Baker said she's already received a good deal of support from the community for her effort -- Salon VIP did her hair; Photos by Roth took her portfolio shots; and Next Level Fitness has provided her with a gym membership.

Next, she'll be looking for sponsors to help her raise the money necessary to enter the competition.

When the Oakfield-Alabama grad goes to New York City, she'll still be a relative rookie in beauty pageant competitions.

She admitted to the legislators that she hasn't spent a lifetime preparing to be a beauty queen, to which County Manager Jay Gsell said, "What? There isn't a picture of you as a 2-year-old in a tiara?"

"If you find a picture of me as a 2-year-old, it’s out somewhere in a cornfield in Basom," Baker said.

Genesee County Legislature is probably the first in NYS with a female majority

By Howard B. Owens

With its 2012 legislature, Genesee County has made history -- maybe ... probably.

In all likelihood, Genesee County has the first legislature in New York State history with a female majority.

The historical record is hard to nail down, according Mark LaVigne, deputy director of the NYS Association of Counties, but a check he conducted with all the other counties turned up none willing to dispute the claim.

He discovered Otsego County has more women on its legislature -- seven, but also has seven men, and Sallie Brothers in St. Lawrence County is the only woman on a board otherwise comprised of 14 men.

In the absense of any evidence otherwise, then, it seems reasonably certain that 92 years after women won the right to vote they claimed the majority of a legislature in New York for the first time in one of the state's most conservative counties.

"I think it’s excting," said Marianne Clattenburg, serving her first term on the legislature. "It’s a testament to the good job that the women who are here have been doing. The fact that women continue to get elected is exciting. I look forward to working with the women and all the member of the legislature."

Chairwoman Mary Pat Hancock called the legislature a "magical nine" and said she is proud to serve with all the members.

"What’s exciting to me is to lead a legislature of nine interested, educated people who really want to dedicate their time to the job and are willing to cooperate and willing to work together," Hancock said.

Reminded that he is now part of a historic minority, first-time Legislator Frank Ferrando laughed and then said he admired the women elected to the board.

"It’s just great just being a part of the legislature," Ferrando said. "We’ve got some real key people, some leaders who are women. It’s great working with them."

Esther Leadley agreed a female majority is historic, but also appropriate when a majority of registered voters are women.

"I'm proud of Genesee County," Leadley said. "You know I am. I speak out about how proud I am of Genesee County whenever I can."

Photo: From left, Shelly Stein, Annie Lawrence, Mary Pat Hancock, Esther Leadley and Marianne Clattenburg.

The 2012 State of the County address

By Howard B. Owens

Mary Pat Hancock's State of the County address:

Good evening friends and family of Genesee County.  I especially recognize and welcome our three new legislators…Marianne Clattenberg, Frank Ferrando, and Shelley Stein. Thankfully, they hit the ground running and brought with them the enthusiasm, energy and knowledge that is essential to their new roles. And let me thank all of you…those present and those of you who were not able to attend this evening, for your continued efforts, cooperation and support during this most challenging time. This year has sped by, our challenges sprang up like dandelions on a spring day, but the good grass also flourished thanks to the good work of our employees, renewed energy of our constituents and the climate of possible change at the state level.

Tonight, let’s focus on us -- on Genesee County and how we managed during the year 2011 when the state’s Property Tax Cap had not yet taken effect, but the mandated service expenses were at an all-time high and continued to whittle away at funds previously available for local and essential programs. 

How did we manage? It was a year of enlightenment. Having emerged from a difficult budget process, we responded to the lethargic economy by holding the line on taxes and trimming already lean programs. Strong efforts were also made to rethink how services were delivered and which programs might be combined for mutual benefit. We looked within and beyond our county for collaborative opportunities. This was not just one lean year, with relief around the corner. The only thing that we could count on was that things would be tighter in 2012, with the Property Tax Cap, the end of the stimulus fund, and no significant Mandate Relief. It was a new reality for the local governments and for their constituents.  And neither of us liked it. Anger is one of the first stages of grief, and we were angry that fine programs, good employees, and needed services were impacted.  We were angry that bloated mandated programs continued to expand and feed on our dwindling resources. We were angry that our continued message of Mandate Relief now fell on deaf ears. In order to survive, we had to temporarily put our anger aside and reached for temporary acceptance. We picked up the increasingly heavy burdens and did our best to carry them.  

We are a resilient lot. Positive goals were accomplished, new ventures succeeded, and we did not collapse. For this evening, I needed help to look a bit deeper into the accomplishment specifics, yet also respect the fact that good as you are, there is a limit to anyone’s tolerance for sitting and listening, so I asked our department chairs to please send a paragraph to me with their selection of the most significant items to cover in their departments during 2011. Were they thrilled? NO. It is nearly impossible to put all your good efforts into a single book, or chapter….a paragraph, impossible. But impossible things are happening every day. I received the necessary information in the abbreviated form and for this I am most grateful. I take full responsibility for cutting department responses to the quick, but the full information is available in the annual reports on file. 

Something of enormous import took place this year at our Community College. Dr. Steiner retired after being associated with the college since its inception in the 1960s and its president since 1975. The perfect selection and smooth transition to a new college president was crucial to all of us and was handled with tremendous skill by the College Board. A thorough nationwide search, and an equally thorough screening process, and final interview process identified the best possible candidate. A local boy, regionally local, with just the right experience and skill sets was hired.  We welcomed James Sunser to our midst fall of 2011 and look forward to the formal inauguration ceremonies on May 5th of this year. 

Within the Office for the Aging, the fastest growing program is Health Insurance Counseling, which in 2011 served 719 Medicare beneficiaries, resulting in over $1,000,000 in savings for those using this valuable service. Support services such as home-delivered meals, transportation to medical appointments, in-home care, personal emergency response units, home safety checks, and support for caretakers can enable those who want to “Age in Place” to do so. In the past decade the number of our older adults has grown by 16%, causing increased demands on OFA services. Encouraging healthy active aging through programs like the RSVP, Living Healthy courses, exercise classes, fall prevention programs, recreation and social events are ways that OFA promotes this goal. To fill the niche for those qualifying programs not covered by any other funding, which add so much to our seniors’ quality of life, Genesee County is fortunate enough to have the Muriel H. Marshall Fund.      

The procurement card program was organized and implemented by the Purchasing Department and the Treasurer’s Office. Procedures and training materials were revised and training was provided. This program replaces a variety of processes, including petty cash and advance checks. Its purpose is to establish an efficient, cost-effective, easily monitored method of purchasing and payment for small dollar transactions. In an additional effort to lower the cost of products and services, Purchasing joined the Western New York Online Bid System. A section of this department, the Mail room processed over 177,000 outgoing pieces of U.S. Mail and by using a pre-sort discount they saved the County approximately $4,000 on first-class mail.

Cornell Cooperative Extension continued its tradition of putting the latest scientific knowledge to practical use. In this county agriculture is our economic engine, and attending to that business is the Extension’s business. Last year there was a new course at GCC…Western New York Agriculture, its success suggests that it is the first course in a targeted curriculum. An Extension outreach brought a new business to this area…goat cheese production, with its many special requirements and the provider was guided to a happy landing as a successful Ag business by Extension staff. Another venture in the works is the development of a Broccoli Industry in the East, which includes our area. Staff members: James Kingston, Jan Beglinger, and Christie Hoepting are to be especially congratulated. A collaborative effort by the Rotary Club, YMCA, UMMC, and CCE and Dr. Jain, initiated a GET FIT program for families in this area to begin to address the national concern of Childhood Obesity. The health of our young people cannot be overemphasized and this program shows great promise.

We had plenty of elections in 2011. In addition to four primary contests in September, and the General Election in November, an unanticipated countywide Special Election was held in April. Our frugal Board of Elections was able to absorb the additional costs by cost-saving adjustments in other areas. They presently have well-founded concerns that 2012 will force three to four primary dates…with the resulting extra expenses. The State Legislature must iron out their disagreements and coordinate their primary dates to avoid this wasteful extra expense...

The Office of Emergency Management Services insures that the County develops and maintains multiple emergency plans. They see that the County has the equipment, manpower and resources to respond to disasters or emergency situations. The 2011 State Homeland Security Grant Program ($101,948) will alone provide Fire Investigator Protective Clothing, Law Enforcement Equipment (ERT); provide Critical Infrastructure and security enhancements to the County emergency operations center and the County Highway Departments. It will also provide upgrades to the interoperable communications equipment and provide the funding for the Fire and EMS Reporting Management Systems. This year a Countywide Recruitment and Retention program for volunteer firefighters and emergency medical personnel was made possible through the Federal Staffing for Adequate Fire and Emergency Response grant of $388,000.

Under the Highway Department’s banner, please include the actual Highway crews who maintain our roads and bridges and are concerned about the effects of deferred maintenance as a result of flat funding and escalating material prices.  The Parks Department, under this banner, continues to find new grants and outside funding opportunities to keep the Parks open for residents during difficult financial times. Several improvements were made to the DeWitt Recreation Area in 2011 expanding opportunities to explore this urban park. Airport fuel sales increased nearly 8% this year and the GC Airport again turned a profit…as it has done for the past nine years. We continue to explore options to replace its aging terminal facility…to meet federal safety requirements without a financial burden on our residents. Our Highway Superintendent/Water Project Director continues to investigate the future financing of the Countywide Water Project as well…so that Phase II may be implemented as planned within the next five years.

The History Department and Records Management completed two long-term projects this year. The first was the digitizing of the department’s photograph collection which includes 10,570 photographs. The second was the Archival Cataloging Project which included 742 cubic feet with a total of 1,672 items cataloged. In addition, they provided assistance to thousands of people interested in local history…generating income for the County. They were assisted by volunteers who helped them accomplish numerous additional projects. They all still had the time and strength to help us commemorate the 150th Anniversary of the Civil War….beginning with the bell ring observance of April 12th; we were helped to realize the impact of this war on Genesee County by an original display board and power point presentation. 

In 2011 Human Resources partnered with the County’s Employee Assistance Plan to provide the required countywide workplace violence training for employees. Kudos are given to all County employees covered by the County’s Self-funded Health Plan for their cooperation in providing the necessary documentation for the Health Plan Eligibility Audit that was conducted in 2011.

During 2011 Information Technology focused on updating an aging infrastructure to ensure the reliability and availability of systems that support all county departments. They also introduced a new County Website, put IPADs to use by the Public Defenders and District Attorney’s offices and addressed several compliance issues.

This past year the Genesee County Career Center assisted 4,514 job seekers, a 30% increase from 2010 with a 77% placement rate. They also served 267 area businesses by posting employer job openings and hosting businesses for on-site recruitments, as well as screening and assessing the skills of all of their job applicants. Workshops (147) were conducted on high-demand topics.

The County’s Comprehensive Planning Process continued with the Steering Committee, representing the 10 Focus Groups, making its Annual Monitoring Report to the County Legislature in September. The Planning Department continues to support other County agencies and local municipalities as they strive to create a more livable community for our residents. Agriculture remains a cornerstone of our County’s economy. The County Legislature remains committed to continued support of the Agricultural District Program and the long-term protection of the County’s agricultural base including the preservation of prime farmland. The Household Hazardous Waste Collection and an ongoing program supporting recycling are going strong and continue to attract strong participation throughout the GLOW region.

Probation supervision remains as the most cost effective form of an alternative to incarceration for the nearly 700 adults and juveniles in Genesee County. As a mandated function with strong NYS oversight, funding remains critical at the state and local level to support this vital function of the criminal and juvenile justice system. Presently the NYS reimbursement to Probation Departments continues at 12-13%, which is far short of the 48.5% required by statute. 

Quiet times are the fruit of a successful Public Health Program, 2011 was such a year. Mandates and deliverables were accomplished on time and on budget overall. Program reviews and NYS Audits proved favorable. On the flip side, it was retirement time for key personnel in the department and their departure represented a loss of valuable experience. The demands of an increasingly tight budget are being felt at every level.

The Genesee County Sheriff’s Office continues to provide excellent public safety and correctional services to the residents of Genesee County. The Sheriff’s Office took a zero tolerance position with regard to underage drinking and the deputies made over 500 unlawful possessions of alcohol arrests at Darien Lake. In addition deputies took 175 drunk drivers off the roads. The jail saw an increase in population of male inmates during 2011, averaging 71 per day and Genesee Justice monitored almost 1,600 offenders. The Sheriff’s Office partnered with GCC offering the facilities at the Animal Shelter for Vet Tech Students.  Emergency Dispatch Center handled over 175,000 phone calls, including over 28,000 9-1-1 calls, leading to over 50,000 calls for service. The Sheriff’s Office was fortunate to receive over $149,000 in grant funding.

In difficult economic times, more of our citizens turn to the Department of Social Services for assistance. Caseloads in public assistance, Medicaid, Food Stamps, and HEAP continue to grow. Families are stressed and also require more help with their children...Our DSS has been doing the best possible job to deliver services while controlling costs.

During 2011 the Veterans Service Agency moved and became co-located with the Department of Social Services.  The move allowed for increased administrative support for processing all of our veterans’ claims for compensation, pensions, education, etc. at a cost saving. With the end of the Iraq War and the reduction in the military, there are more veterans returning.  Presently, there is a huge backlog of claims at the federal level and this trickles down to the local level and is causing an increased number of claims pending.  When the backlog is combined with the high rate of unemployment for our veterans, it produces a less than ideal homecoming for the individuals who earned and deserve the best.

The Weights and Measures Department had a good and productive year in spite of budget constraints. Scales and liquid measuring devices were checked, devices were inspected, milk tanks were calibrated, store packages were checked and price comparisons were performed. Consumers are paying higher prices for nearly everything, the least we can do is to insure they are receiving their money’s worth.

A long-awaited partnership with the City of Batavia was formalized in 2011. The youth bureaus entered into contract for the County to provide administrative oversight assigning 20% of the Executive Directors time for the City Youth Bureau. This collaboration reduces expenses and is mutually beneficial to both agencies. Sadly, 2011 was also the year when Debbie Kerr Rosenbach retired.  She had been the Director of the County Youth Bureau for many years and initiated many innovative programs which directly impacted the young people in this region in a most positive way. All this was accomplished during a time of shrinking resources. 

The District Attorney’s Office prosecuted a charge of predatory sexual assault against a child. It was the first time the office prosecuted such a charge. It was remarkable because of the degree of interagency cooperation which came together for the trial of this offense. The trial resulted in a guilty verdict, with a sentence of 15 years to life. A former member of the District Attorney’s Office received a high honor at the NYS District Attorney’s Winter Conference. The prestigious Robert M. Morgenthau Award recognizes those whose professional accomplishments, honesty, integrity and commitment to justice exemplify an extra ordinary high standard…congratulations to David Gann!

We are still having a difficult time even approaching a break-even financial status, or manageable fiscal support with the Nursing Home. We have made, and continue to make, positive changes based on recommendations to increase efficiency and lower costs. But for every step forward, we seem to be forced back two steps. There are additional requirements to meet new standards, frozen reimbursement levels, a changing system of payment, and increasing costs for care…all combining to add to increasing the financial burden on the County.  Presently we contribute over two and one half million dollars every year to just meet expenses. And this amount grows each year. How long can we afford this?  With the tax cap and our already high tax rate, not long. The Legislature continues to take a proactive approach as we deal with this crucial issue.

Genesee County should be very proud of the achievements of our GCEDC. The recent ground breaking by Alpina in our newly opened Agricultural Park, and even more recently the announcement of the Wave Project in the same Park promises an investment of $206 million dollars in the economic health of our area and a resulting 186 jobs. The GCEDC was able to participate in 30 project “wins” and enabled $51.3 million of investment over the 2011 fiscal year. There were additional achievements, new cooperative workforce-training programs, businesses expanding, jobs retained….do not think that all this would have happened without the inspired and dedicated work of the GCEDC and their team. Their success is our success. Great work!

The County Clerk’s Office has been busy with the implementation of several new programs made possible by contract enhancements with their computer company. They are now able to issue plastic permits for pistols, as well as image, index, and merge 210 years of mapping into the system, issue veteran’s ID cards for the popular “Return the Favor” discount program for veterans, to be announced soon. This new technology has allowed for the scanning of criminal and civil court records to allow for direct access and paper-free transmission to the Court system of these records. And, in spite of economic fluctuations and a recession in the motor vehicle industry, the Motor Vehicle Office was able to maintain sufficient revenue to operate their office with a net profit of over $600,000. Many out of county clientele use our MVO for registration, license renewals, and an increasing number of dealers who use the Genesee County MVO for all their transactions. Much of the credit for this goes to a staff that emphasizes friendly, thorough service.

In January of 2011, we sent prescription discount cards out to all of our citizens.  These were at no cost to the county. The program was introduced by the New York State Association of Counties, and during the course of this year has saved the 4,874 participants 52% on their prescription costs. As you might suspect, the program continues to grow.

I hope you can tell from this brief synopsis that our county is working hard to maintain a positive direction. And we are succeeding. The legislators are working hard to reach out to their constituents with information, petitions, meetings, and resolutions about the need for immediate mandate reform. There is legislation ready to pass…but it hasn’t happened yet. Legislator Lawrence has headed up the (Mandate) Medicaid Reform outreach and through her efforts, the other eight legislators, and the cooperation of our constituents we are turning in over 1,500 signatures from NYS citizens demanding Medicaid Reform.

Yes, we are keeping our heads above the water, but we can’t tread water forever.  I remain hopeful that 2012 is the year for State leaders to step up and work with their partners in County government to enact real reforms that will enable us to maintain and enhance the local safety and quality of life programs that will attract and keep families and businesses here in New York. You can help. This is not a political issue…it is a survival issue. In every case, when there has been a real change at the state level…it was because the people back home insisted. Let your voices be heard.

The pressures evidenced in the New York State Association of Counties state wide “9 for 90” mandate relief initiative coupled with the new state imposed property tax cap have given county governments across New York State a focused rallying cry and platform to demand change and real long-term mandate relief. These reforms and solutions must originate in Albany. The state Legislature and Executive in the past have made passing reference and lukewarm commitment to such relief. Now is the time for them, with our help, to pass real reform measures, provide real property tax relief by changing and decreasing the nine mandates…most especially Medicaid, presently consuming 40% of our tax dollars each and every year. 

In 2004-2005 our message was “Don’t Come Home without it (the Medicaid Growth Cap)." In 2012, the message to our elected State delegation and Governor Cuomo has to be “Don’t Adopt a Budget without Medicaid Reform and Local Medicaid Share Relief.”

Now that’s a plan we could live with. Right?

Colleagues agree, it will take a humble, hard-working attorney with a big intellect to replace David Gann in DA's office

By Howard B. Owens

In retirement, David Gann still worries about how technology will change law enforcement.

"When I started, an IBM Selectric (typewriter) was state-of-the-art technology and copy machines were still brand-new," Gann said. "Now, pretty soon, we won't have paper files any more. It's interesting to see the transformation going on, but we don't know if we will be able to access these files in 50 years. We still have files in MS-DOS and we don't know how much longer we can access those."

Former colleague Bob Zickl said in a letter recommending Gann for a major award that Gann could always talk "matter of factly about the next great technical or financial catastrophe."

The predilection to fret about looming technical difficulties is only one of the qualities of the former first assistant district attorney that enamored Gann to his colleagues.

He retired from the District Attorney's Office at the end of 2011, voluntarily giving up his position so that nobody else in the office would lose a job to satisfy the county's budget ax.

With his retirement came a statewide award from District Attorney's Association, the Robert M. Morgenthau Award, given to an assistant of the highest professional standards.

It's the first time an attorney from Genesee County received the fairly new honor.

"The greatest honor was just being nominated," Gann said. "To have my professional colleagues recommend me for such an award means a lot to me."

Besides ADA Zickl, backing Gann's nomination was District Attorney Lawrence Friedman, Genesee County Court Judge (and former District Attorney) Robert Noonan, Sheriff Gary Maha, Batavia Det. Charles Dudek and Le Roy Police Det. John Condidorio.

Gann's supporters praised his work ethic, his encyclopedic knowledge of criminal statutes and case law, his even temper (Zickl said he never once heard Gann utter a profanity in 27 years of working together), his ethics and adherence to the law and his desire to see justice done.

Besides handling all felony drug cases, Gann was the DNA expert in the office and handled the DNA portion of all murder trials from January 1997 through March 2010.

The drug work, Gann said was particularly important.

"I don't think we will ever totally eliminate drugs from the community," Gann said. "What we tried to do was make sure the guys who came out here to deal to think twice before doing it. We wanted to chase them inside so they would only deal with people they knew, so they wouldn't feel comfortable with people outside and stay off of street corners."

Condidorio praised Gann's work in helping investigators make cases against drug dealers.

"(Gann has) made a tremendous impact on Genesee County, taking significant drug dealers off the street and making it more difficult for them to spread their poisons to our youth and underprivileged," Condidorio wrote.

Noonan wrote a mock "help wanted" ad as part of his recommendation that demonstrated what big shoes the DA's office will need to fill if there's ever money in the budget to replace Gann.

Among the qualifications -- more than 30 years experience in New York's criminal justice system, scores of grand jury presentations and hundreds of briefs responding to appeals.

The candidate must also have the personal strength to deal with strong-willed police officers dealing with stressful searches in order to guide them toward the proper procedures.

"It is essential that this individual have the personal self-confidence to never gloat about an intellect that exceeds coworkers, lawyers and judges," Noonan wrote.

With the award won and no cases on the court docket, Gann's days and nights are no longer spent fretting over the proper wording of a search warrant application.

He's busy helping out with Friday fish fries at St. James Episcopal Church in Batavia, or reading, or getting out to community events with his wife, Marcia.

The Ganns have no plans to leave Genesee County.

"In Batavia, a small town, everything is smaller scale," Gann said. "You tend to know everybody and that makes it more rewarding to get involved. It's part of what makes Batavia, Batavia."

Gann's biggest plan for retirement is to do more things with Marcia.

"I have a wonderful wife and I enjoy being around her," Gann said. "That's my number-one priority."

Genesee County again named a top micropolitan area

By Howard B. Owens

Press release:

For the eighth consecutive year Site Selection Magazine has recognized Batavia/Genesee County as one of the top micropolitans in the United States, including the number-one ranking in the Northeast. The criteria for receiving the recognition includes capital investment and job creation. Through the Genesee County Economic Development Center (GCEDC), approximately $51.3 million in new capital investments were made in the county creating approximately 172 new jobs in 2011.

“Through the collaboration of the Genesee County Legislature, the City and Town of Batavia, and many others in our community, we had another successful year in our economic development efforts,” said Steve Hyde, president and CEO of the GCEDC. "With the recent announcement of Premiere Credit and Java Equipment projects, 2012 is off to a tremendous start.”

In 2011 the GCEDC was able to participate in 30 project “wins," including four major projects that have significant employment impacts for the region. Alpina Foods, one of the most recognized dairy companies in the world, and a leading dairy producing company in Colombia and South America, will open its first specialty yogurt manufacturing plant in the United States and will be the first occupant of the Genesee Valley Agri-Business Park. Alpina will create 50 jobs and invest more than $15 million in the construction and occupation of its new manufacturing plant.

The expansion at Graham Corporation will create 26 new jobs while a green technology firm, Vegetal I.D., which creates green roofs, will be adding 20 jobs over the next three years. In the Gateway I park, a new Holiday Inn Express is under construction that will create 19 jobs. The new hotel will be attached to an existing banquet hall.

“Congratulations are in order and Genesee County should be very proud of the achievements of our GCEDC,” said Mary Pat Hancock, chairwoman of the Genesee County Legislature. “The recent groundbreaking by Alpina in our newly opened agricultural park, and the recent activity at the park promises a substantial investment in the economic health of our area.

"There were additional achievements, new cooperative workforce-training programs, businesses expanding, jobs retained; do not think that all this would have happened without the inspired and dedicated work of the GCEDC and their team. Their success is our success."

The City of Batavia, in partnership with Mancuso Business Development Group, was able to complete the Masse Gateway Redevelopment Project which included the demolition of 40,000 square feet of vacant industrial space in the Batavia Industrial Center, and the renovation of approximately 120,000 square feet for commercial, residential and light industrial use. In December 2011, the first new business in the Masse Gateway Redevelopment project was secured and in January 2012 the second business was secured. Both expect to be open by Spring/Summer 2012.

“We appreciate the recognition and will continue to build upon our rich entrepreneurial history and facilitate collaborative partnerships that support and enhance opportunities for all community residents,” said Batavia City Manager Jason Molino.

Upstate New York’s City of Batavia, the hub of the Batavia Micropolitan region, continues to reinvent itself in the wake of the national Site Selection recognition. An empowered Batavia Development Corporation -- the city’s strategic alliance and economic development agency -- invested in personnel, small business development and infrastructure initiatives to support the continued growth and success of the area in 2011.

“New staff was hired, more small business loans were distributed and a newly defined action plan for adaptive re-use was adopted,” said Ray Chaya, president of the Batavia Development Corporation (BDC). “The BDC has seen confidence return to the community."

The city's Business Improvement District completed six façade improvement projects totaling more than $17,000 in reinvestment in downtown properties, with another six projects that are expected to be completed by the end of this month. The BID is also pleased to announce that it paid off early the $250,000 bond for the Ellicott Street streetscape project, which was done in conjunction with the City of Batavia.

“The Batavia Business Improvement District is extremely proud of having four new downtown businesses, which includes a Save-A-Lot Food Store. This means approximately another 35 individuals being employed within the district,” said Don Burkle, executive director of the BID.

“I can only express my deepest appreciation for the all of the partners, municipalities, and employees who continue to collaborate and are dedicated to the strategic vision of growth for our community,” said Greg Post, supervisor of the Town of Batavia. “This success is because of the partnerships that have been fostered over the last 10 years and the willingness of everyone to work together as a team to achieve a common goal for economic success."

“The chamber congratulates all of the economic development partners in Genesee County on receiving this award. It is always gratifying to be recognized for a job well done — particularly when the hard work is often done ‘behind the scenes’,” said Lynn Freeman, director of the Genesee County Chamber of Commerce.

“The investment being made in our community, as a result of our economic development groups and the chamber, is bringing more and better paying jobs to Genesee County that will in turn improve the quality of life for all of us."

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