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Judge rules in favor of county for creating LDC to sell nursing home

By Tom Rivers, Editor Posted 20 June 2013 at 12:00 am

Lawsuit sought to disband LDC, force public referendum

Photo by Tom Rivers – A State Supreme Court judge didn’t find fault with the Orleans County Legislature’s decision to transfer The Villages of Orleans to a Local Development Corporation that is tasked with finding a buyer.

ALBION – The Orleans County Legislature crossed an important legal hurdle when a State Supreme Court ruled the county acted legally in transferring the publicly owned nursing home to a Local Development Corporation.

A local resident Mary Bannister and nursing home employee Dawn Hazel, who has family in The Villages of Orleans, challenged the Legislature’s decision in court.

Judge James Punch issued a decision on Tuesday, supporting the county in all key aspects of the case. The decision allows the Legislature and the LDC to keep working towards a sale of the 120-bed nursing home. County officials learned of the judge’s decision at 11:45 a.m. today.

“The discussion regarding the nursing home has been a very emotional one, but the ultimate goal has always been to ensure its long-term sustainability,” said Legislature Chairman David Callard. “Now we must return to our goal for The Villages: to continue to provide a high quality of care for our residents, maintain its jobs, preserve its programs, and continue its community ties without dire financial consequences to the taxpayers.”

The lawsuit sought to disband the LDC, to vacate the transfer of nursing home property to the LDC, to compel the issue to be brought to a public vote, and to restrain the LDC from negotiating transfer of The Villages to another operating entity.

The county’s attorneys argued that Bannister and Hazel failed to establish any harm in the Legislature’s decision to create the LDC, and their allegations were “speculative claims as to future actions.” The county attorneys said the LDC ownership did not change the current operations, staffing or delivery of services.

Punch agreed, noting the employees have continued as county workers and the county continues to control the operation of the facility.

The county argued in court the decision to create the LDC and transfer ownership were “proper tools to use for cost analysis and cost containment.” Legislators worry the facility will require a $2 to $4 million annual subsidy from the county taxpayers due to rising operating costs and slowing reimbursement rates.

“I commend my colleagues in the Legislature for having the courage to make this very difficult decision.” – Legislature Chairman David Callard

“The choice here hasn’t been about privatization versus public ownership,” Callard said today after the court decision was announced. “It has been about maintaining the facility or losing it altogether. We can no longer delay the decision and hope everything will be all right. That is fiscally irresponsible and brings grave uncertainty.”

The petitioners in the lawsuit sought a public referendum on the issue, contending the county created the LDC to circumvent public discourse. But Punch sided with the county, saying it acted within its rights in the Not-for-Profit-Corporation Law.

The Legislature, in a 6-1 vote, created the LDC on Feb. 27. Callard noted it passed in a super-majority vote. Only Legislator George Bower opposed it, and he warned the deficits at the site could force the county to take up the issue. He said then he was opposed to the timing because the Legislature had said it wouldn’t sell the facility until 2014.

That may be an ambitious time frame, even with the decision to create the LDC four months ago.

The LDC – the Orleans County Health Facilities Corporation – met this afternoon. The three-member group, headed by former Yates Town Supervisor Russ Martino, moved forward with selecting a broker to establish a value for the nursing home and identify buyers for the site.

The LDC picked a Chicago firm that specializes in selling nursing homes to help with the sale of The Villages. Marcus and Millichap’s National Senior Housing Group will receive 2.5 percent of the sale price for its services. The firm is assisting nine other New York counties in selling their nursing homes.

The firm said it will identify a buyer by the end of a year, a sale that needs to be approved by the state Department of Health. Marcus and Millichap said it would target January 2015 for the sale to be closed and the new owner in operation at The Villages.

“The actions being taken are intended to balance the interests of the residents, the employees, and the taxpayers,” Callard said. “I commend my colleagues in the Legislature for having the courage to make this very difficult decision.”

State gives money for Albion, Medina library construction projects

By Tom Rivers, Editor Posted 20 June 2013 at 12:00 am

File photo by Tom Rivers – With the latest state grant for $137,466, the state has contributed more than $800,000 towards the new public library in Albion.

ALBION – For the third straight year the state will use “Public Library Construction Grants” to help with the new library in Albion.

The new grant program started just in time for Albion to access the funds for the new Hoag Library. Albion used $373,000 in state funds in 2010-11, and was approved for $327,000 in 2011-12.

State Sen. George Maziarz announced today another $137,466 will be coming to Hoag to help with the construction costs. That brings the state’s total contribution to the project at $837,466.

The library has been eligible for the funding for three years now because the construction has spread over than two years with site work, building construction and interior work on the new 14,600-square-foot building, which opened last year on July 7.

The state approved $14 million in matching capital funds state-wide in the 2012-13 budget.

Another Orleans County library was approved for funding. Lee-Whedon Memorial Library in Medina will receive $112,110 towards its roof replacement project.

The three-county NIOGA Library System is based in Lockport. It was approved for $43,482 to accomplish technology upgrades at its computer training center and e-mobile training lab. That will make both facilities ADA-compliant, Maziarz said in a news release today.

Public Library Construction Grants are intended to help libraries with such tasks as accommodating users with disabilities, promoting energy efficiency, facilitating Internet access and rehabilitating old building spaces. Almost half of the public libraries in New York are more than 60 years old and in need of upgrades, Maziarz said.

Some Seneca casino money could flow to Orleans

By Tom Rivers, Editor Posted 20 June 2013 at 12:00 am

The three casinos in Western New York owned by the Seneca Nation of Indians will see a portion of their profits directed to counties in the region, according to the “Upstate NY Gaming Economic Development Act,” which was announced by Gov. Cuomo on Wednesday.

The legislation doesn’t specify dollars for the counties in the region, but Orleans County is expected to get a tiny slice of a big pie. The state will share 10 percent of the gaming revenue it receives from casinos and video gaming centers “to provide tax relief or educational assistance,” according to the legislation announced on Wednesday.

The bulk of the state’s casino and video gaming revenue, 80 percent, will be used for school aid or property tax relief. “The educational aid will be additive and will not be part of the state’s existing education formula,” the legislation reads.

The Senecas keep 75 percent of the casino profits with 25 percent directed to the state, which currently then gives some to host cities in Niagara Falls, Buffalo and Salamanca.

The legislation announced on Wednesday would direct some of the state’s share of the casino profits to counties in the region while preserving the funds to the host communities.

The revenue sharing is part of a plan to develop four Las Vegas-style casinos in Upstate New York, all outside of WNY.

Farm Bill defeated, leaving farm policy in limbo

By Tom Rivers, Editor Posted 20 June 2013 at 12:00 am

Farmers looking for direction from Washington about the country’s agriculture agenda will have to keep waiting.

The House of Representatives rejected a five-year Farm Bill today that totaled nearly a trillion dollars for nutrition and farm programs, including subsidies, conservation programs and crop insurance as well as other safety nets for the industry.

The bill would have cut funding for food stamps, which prompted U.S. Sen. Kirsten Gillibrand to work against the bill’s passage. She said the bill would have cut $20.5 billion from the Supplemental Nutrition Assistance Program over five years.

She issued this statement this afternoon: “Just as important as the health of our

agriculture industry, is the health and nutrition of our children and families. I am proud to see House Democrats stand strong and reject this draconian cut that would literally take food away from millions of those who desperately need it – from veterans and military families, to seniors living on fixed incomes, hungry children and struggling families who rely on SNAP to make ends meet.

“Families who are living in poverty – hungry children, seniors, troops and veteranswho are just trying to figure out how to keep the lights on and put food on the table – they did not spend this nation into debt, and we should not be trying to balance the budget on their backs.They deserve better from this Congress.”

Congressman Chris Collins, R-Clarence, is a member of the House Agriculture Committee. He supported the Farm Bill legislation.

He issued this statement: “Today’s unfortunate defeat of the House Farm Bill speaks to the dysfunction in Washington that continues to stand in the way of solving real problems for real Americans.

“Agriculture is a critical industry in New York’s 27th Congressional District, impacting our local residents far beyond those directly doing the hard work of farming.Our farmers and growers deserve a Congress that can come together and pass a long-term Farm Bill. It is essential to help our agricultural industry plan and prepare.

“As a member of the House Agriculture Committee, I remain committed to the work ahead to see a Farm Bill become law.”

New York Farm Bureau wanted the proposal to pass. The organization released this statement: “It is with great disappointment that we watched House lawmakers defeat the 2013 Farm Bill. The farmers in this state deserve a reasonable farm policy that has been delayed for far too long.

“While there were concerns over certain provisions of the bill, we were hoping its passage and a vigorous debate in conference would reach an appropriate compromise that would provide a fair safety net for the people who produce healthy, local food and the consumers who need help putting it on their dinner tables. New York Farm Bureau will continue to work hard with the state’s Congressional delegation to do what is right for our farm families.”

Albion opens park season with sports camps scheduled for summer

By Tom Rivers, Editor Posted 20 June 2013 at 12:00 am

Editor’s Note: An article about the local parks on June 16 had some incorrect dates for summer camps. The correct dates are below.

ALBION – Four village parks will have supervisors and activities for children opened on Wednesday. The park season runs until Aug. 2 and is open to children, ages 5 to 16 in the Albion school district.

Park supervisors will be on duty from 10 a.m. to 2 p.m. at the following parks: Bullard – Route 31, east of the village; Pee Wee – Route 31 (part of Bullard); Veterans – corner of Linwood Avenue and Brown Street; and Lafayette – West Park and West State Streets.

The park program includes the following week-long camps that run from Mondays through Fridays:

TENNIS from June 24-28 for grades 5-12 at the school tennis courts from 9 to 11 a.m. and again the following week with July 4 an off day.

WRESTLING from July 8-12 for grades 6-12 at the high school gym from 9 to 11 a.m.

BASEBALL from July 22-26 from grades 4 through 8 at the varsity baseball field from 9 a.m. to noon.

VOLLEYBALL from July 22-July 26 for grades 6-12 at the high school gym from 9 a.m. to noon.

The camps are free to children in the Albion school district.

Parents are urged to attend the registration during the first week of the Parks Program to meet the supervisors and to fill out important paperwork.

Waterport woman is state’s ESL teacher of the year

By Tom Rivers, Editor Posted 20 June 2013 at 12:00 am

Photo by Tom Rivers – Linda Redfield, an English as a Second Language teacher, is pictured with a former student Jose Iniguez, who became an American citizen last October.

WATERPORT Thirty years ago Linda Redfield started going to local migrant labor camps, meeting with farmworkers to teach them English. They would sit at picnic tables after the workers often had long days in the field.

Redfield in three decades has developed a family literacy program for the workers, welcoming women and children to the World Life Institute school on Stillwater Road.

Students learn English while using computers, making pottery and learning the guitar. They study citizenship as well. Some of her students have gone on to college.

One former student, Jose Iniguez, became a citizen last October. He is an orchard manager and part-owner of the 500-acre Lamont Fruit Farm. He first started meeting with Redfield in 1995, when he knew very little English.

“She’s very passionate about it,” Iniguez said about Redfield and her role as teacher. “Working with her was an important first step for me. She does a lot for the community that people don’t know about.”

She is well known by members of the New York State Association of Adult Continuing Education Programs, which named her “Teacher of the Year” during a ceremony in Albany last month.

Redfield was nominated for the award by Sue Diemert, the literacy coordinator for the Orleans-Niagara BOCES. She praised Redfield for developing the program that includes families, and teaches many skills.

“She is the glue that makes this all happen,” Diemert said before a graduation program this evening. “She holds it all together.”

Some of the pottery created by ESL students at the World Life Institute in Waterport.

There were 35 students who received certificates for learning English and other skills during the graduation program. They learned the skills after working at local farms and Intergrow’s hydroponic tomato site in Gaines. The workers were from Mexico, Puerto Rico, China, the Ukraine, Indonesia and Brazil.

They meet for class at the WLI site on Stillwater Road or at Hoag Library in Albion.

Redfield pushed for a broadened family literacy program so more women and children could learn with their husbands and fathers. In 2004, she partnered with BOCES and the Genesee-Orleans Regional Arts Council to offer pottery for women. They would learn English while creating art.

“The whole families come and are served,” Redfield said. “It’s wonderful getting to know the people.”

The program is unusual, especially in a farming community, Redfield said.

“The workers are very happy they can get these services in a rural area,” Redfield said.

Hawley doesn’t want welfare used for cigarettes, liquor

Posted 19 June 2013 at 12:00 am

Press release, State Assemblyman Steve Hawley

ALBANY – Assemblyman Steve Hawley, R-Batavia, is calling on the State Assembly to pass the Public Assistance Integrity Act, which would prevent tax dollars from being spent on cigarettes and liquor while protecting a crucial safety net for families in need.

The measure, which Hawley has signed onto as a co-sponsor, would not only crack down on the illicit use of public assistance, but would ensure that New York State is not disqualified from $120 million in federal funding meant to support children and families struggling to put a roof over their heads. The legislation recently passed in the State Senate.

“The abuse of public assistance not only robs taxpayers of their hard earned money, but it jeopardizes the children and families who truly need a hand up in their time of need,” Hawley said. “Spending welfare dollars in strip clubs and liquor stores reduces the resources available to help provide shelter and warmth for a poor child, and the situation is made that much more dire by the loss of federal funding if we do not close this loophole. It is imperative that the Assembly pass this legislation before the close of session, because there is simply too much at stake for our hardworking taxpayers and vulnerable families to let this bill fall through the cracks.”

The Public Assistance Integrity Act would limit where EBT cards can be used and what they can be used for. The federal government has mandated that each state establish a system of fraud prevention by February 2014. If the state does not act, the federal government will penalize New York by cutting federal funding for Cash Assistance by five percent – $120 million.

Batavia is out of running for casino

By Tom Rivers, Editor Posted 19 June 2013 at 12:00 am

Maziarz seeks higher take-out in profits for site

BATAVIA – A gambling center that is partially owned by Orleans County won’t be picked for a casino site with table games.

Gov. Andrew Cuomo made a deal with the Seneca Nation of Indians, vowing not to allow a new casino in Western New York. Three existing video gaming centers in Hamburg, Batavia and Farmington also need to stop calling themselves “casinos,” according to the deal reached last week.

Batavia Downs is owned by Western Regional Off-Track Betting Corp., a public benefit corporation owned by 15 counties and the cities of Rochester and Buffalo.

WROTB shares its profits with its member municipalities. That has averaged about $40,000 a year for Orleans, but that number could jump as part of a video gaming expansion. WROTB is spending $27 million on an expansion and renovation of Batavia Downs.

In light of the deal with the Senecas, which will force Batavia and two other tracks to “rebrand” themselves as facilities that aren’t casinos, state Sen. George Maziarz is calling on the state to increase the share of the profits from video gaming to the facility’s owners. Batavia’s video gaming generated $45 million in the 2012-13 fiscal year, with the state keeping about 40 percent.

Maziarz introduced a bill this week that says the facilities will see profits fall from the rebranding and loss of some popular games. He said the state should help make up for the drop in revenue.

The casino issue, profit sharing and other issues have been swirling in Albany this week.

“There are so many decisions being made that I can’t comment,” Marcia Tuohey, Orleans County’s representative on the WROTB board of directors, said this afternoon.

WROTB wanted to have one of the new casinos that Gov. Andrew Cuomo and state legislative leaders said were under consideration. WROTB said it would spend $90 million to expand their facility to make the site a success.

Earlier today Cuomo said at least three Las Vegas-style resort casinos would go in the state: near the Southern Tier near Binghamton, the Hudson Valley-Catskills area, the Albany area and a fourth possibly planned for the Catskills.

That puts Batavia out of the running. The only good thing about the governor’s announcement: He didn’t approve more gambling competition in WNY, Tuohey said.

She said state officials are negotiating a change in the profit sharing, and WROTB may receive more than it’s been getting, which could help Orleans County and other member counties, she said.

The casino issue still needs to pass a public referendum. The governor said New York could allow up to seven non-Indian casinos statewide, with the exception of WNY to maintain the Seneca’s exclusivity. The Seneca Nation operates casinos in Niagara Falls, Buffalo and Salamanca.

The nation was withholding $140 million from local governments as part of its dispute with the state. The Senecas agreed to release those funds in exchange for banning new casinos in WNY. The deal forced the rebranding of Batavia Downs and the two other race tracks with video gaming machines.

Shoe Tree remains a sensation

By Tom Rivers, Editor Posted 19 June 2013 at 12:00 am

Locals make row of trees a Lyndonville landmark

Photos by Tom Rivers – There are hundreds of shoes either nailed into the bark or dangling from the branches of four ash trees at the corner of Foss and Lakeshore roads in the town of Yates.

YATES I had to drop by the Shoe Tree last night. I think it’s one of the most charming attractions in Orleans County.

A row of four ash trees at the corner of Foss and Lakeshore roads is full of hundreds of shoes. Locals have been keeping the trees stocked for years. The footwear is nailed to the bark on the trunks of the trees. Sneakers hang from branches, some on the ends of limbs high in the air. (The shoe donors have great arms to reach these spots.)

The Shoe Tree is one of the county’s most talked about attractions. It is featured on Web sites and was included in a 2008 book called “New York Curiosities.”

For nearly three decades folks have been flinging loafers, cleats, high heels, slippers, running shoes and boots into the trees. There were five of the trees, but one toppled over in a wind storm in 2009.

The Shoe Tree craze started in 1986 when the late Earl Baun helped a girlfriend get rid of about eight to 10 pairs of shoes. He threw them into the trees. When he was done, Baun and his then-girlfriend, Diane Bane, coaxed other friends to add to the collection. The Shoe Tree was thus born. (I did an article about this for The Daily News of Batavia in 2009.)

A local conservation officer wasn’t happy to see the tree become a depository for so many shoes back then. But Baun’s exploits became contagious.

Collins will be on Fox News tonight

Posted 19 June 2013 at 12:00 am

Press release, Office of Congressman Chris Collins

Congressman Chris Collins, R-Clarence, will appear live on Fox News tonight to share his views that Obamacare is a “train wreck.”

Collins will be interviewed on the program, “On The Record with Greta Van Susteren,” which airs at 10 p.m. Collins will discuss a Government Accountability Office report released today confirming that the Obama Administration is behind schedule in implementing the Small Business Health Option Program exchanges created under Obamacare.

“Obamacare truly is a train wreck,” Collins said.“We now have confirmation that a key provision that was touted as a way for small businesses to save money on health insurance is incomplete and behind schedule.”

Collins is a member of the House Small Business Committee, and chairman of its Subcommittee on Health and Technology.

“I hear from small business owners in my district nearly every day expressing frustration over the confusion surrounding the implementation of Obamacare,” Collins said.“They know this legislation will impact their bottom line in some way, but they remain in the dark about the details surrounding the rules and regulations. It appears the Obama administration is wholly unprepared to offer any explanation.Instead, it continues to tout all the ‘free’ services offered under Obamacare, without acknowledging the fact that small business men and woman, and hardworking taxpayers all across the country, will be the ones actually paying for them.”