1)
Excessive spending and fiscal irresponsibility resulted in the
Erie County Fiscal Stability Authority to become a "Hard Control Board" on November 3, 2006.
http://www.ecfsa.state.ny.us/Documents/Resolutions/2006/0649.pdf.
2) Two years ago it was all ‘about
the penny’. My opponent voted in favor of all
sales tax increases: 1% Extension - January 19, 2006; 1% 2
Year Extension - February 14, 2006; 3/4% Memorialization -
November 2, 2006; 3/4% Extension - March 15, 2007. MY VOTE
WOULD HAVE BEEN – AGAINST.
3) Erie County spending is up
28% from two years ago, 13 times the inflation rate. My
opponent voted for the
levy increase, which was the first time the levy was ever
increased over what the executive had proposed. Refer to
the tax levy increase noted on page 142 at http://www.erie.gov.
MY VOTE-AGAINST. Specifically,
the tax levy increase is noted on page 142. Spending increases
can be identified by department, or overall in the budget. The
budget message is easiest to find these, because it uses a lot
of graphs and charts. A candidate can claim that they did not
raise taxes, which is true but misleading. You can raise taxes
via increasing the ‘levy’, thereby technically not raising
the ‘rate’ BUT still raising taxes
4) Our
County Bonds are rated 1 level above junk. Bonds issued from
Russia, Poland, Mexico and South Africa are rated safer than
those from Erie County. Our County Bonds are rated 1 level
above junk. Some things never change. Erie County Bond Sale
Will Proceed – New York Times www.nytimes.com
dated JANUARY 22, 1985, “The lower rating means
the upstate New York County will pay a higher interest rate at
this week’s bond offering…Proceeds will be used to
eliminate the $75.7 million budget deficit accumulated during
1983 and 1984 when county officials seriously misestimated
revenues and expenditures. With the help of increased real
estate taxes and a one percentage point increase in the sales
tax, the county expects a balanced budget this year.” Some
things never change. WE STILL NEED CHANGE.
5) Reforms passed have
increased patronage and county government, even though
population and business continue to decrease. My opponent voted for these patronage passages on Dec. 14, 2006
with the passage of the county budget. That budget included
raises for many of the Democrats staff. Refer to http://www.erie.gov.
MY VOTE-AGAINST. That is the only time the Legislature
can initiate spending.
6) My opponent pledged two
years ago to “oppose Giambra and his politically charged
County budgeting”; to “NEVER vote for Giambra’s
‘Friends and Family’ plan”. My opponent voted for
a Giambra "Friends and Family" plan on Dec 14, 2006.
MY VOTE-AGAINST. Again, this is the only time the
Legislature, by law, can initiate spending.
7) My opponent voted to
divert money from the 12th Legislative District
beaches and parks to upgrade the City of Buffalo Parks. The
Erie County/City of
Buffalo Parks agreement continues to cost the County money. As
it stands right now, the county has spent $1.8 million on the
venture, when it was supposed to be a break-even operation.
The County Executive's 2007 budget, supported the agreement,
and continued funding it, this kept funds in the City of
Buffalo, while funds were diverted from the beaches. I believe
they were the funds to provide the beaches with lifeguards.
It was an appropriation for about $10,000. Government does
very little well. When was the last time government actually
made something better and cheaper?
8). My opponent is the
Chairperson of the Finance and Management Committee,
overseeing the approval of a budget. These budgets
increased county spending, increased the tax levy, added
more jobs, and gave out unnecessary raises. Refer to http://www.erie.gov/legislature/committee_finance.asp.
ME-AGAINST. Failed to establish critical oversight
responsibility of the County Legislature. This
is not fiscal reform or oversight. Fiscal reform using
‘vertical and horizontal’ analysis of the budget is a good
business technique to forecast financial stability. The Erie
County budget which my opponent (Reynolds) has oversight fails
this test.
9) Citizens
are losing homes due to an inability to afford increasing
taxation. My opponent voted for the 2007 Budget
that raised property tax revenue without officially
changing the tax rate. This budget forced residents to pay
more in taxes and failed to consider an individual’s right
to challenge an increase in their home’s assessed value. I
referenced this above in how legislators raise our property
taxes while claiming they haven’t raised property taxes.
Refer to http://www.erie.gov.
Citizens are losing their homes not because of default on
mortgage, but inability to afford the home due to increasing
taxation. A Charter Resolution Guaranteeing a homeowner a
refund plus interest if the property fails to sell for the
assessed value would benefit homeowners. The EXPAND program is
placing dollars above human beings. The 2007 Budget was passed
in approximately five minutes into the Legislative session
that was called to order at 2:08pm. After the vote,
Legislators made comments in a debate style fashion, however
they were not formally debating each other.
Since the budget was already approved, the Legislators
were allowed to speak about it by being recognized for a
“point of privilege” opportunity by Chairman Marinelli.
Legislators
Ranzenhofer, Weinstein, Mills, and Locklear all voted against
the amended version of the proposed 2007 budget.
The other Legislators voted for the budget, as
amended, in its entirety. No member put forth amendments on the floor of the
Legislature.
Ranzenhofer,
Weinstein, Mills, and Locklear strongly believe that this
budget raised property tax revenue without officially changing
the tax rate. They were right. This budget exploits recent
rises in home assessments throughout area towns, cities, and
villages by increasing the tax levy. By doing this, the county
is generating more dollars from the towns, villages, and
cities without having to raise the percentage rate at
which they are taxing them.
The
majority of the Legislature (including my opponent Reynolds)
chose to balance the budget by taking advantage of taxpayers
whose homes were assessed at higher values this past year.
The Legislators did not consider whether or not
those higher values were appropriate, fair, or accurate.
This
vote forced residents to pay more in taxes. This budget also
failed to consider an individual’s right to challenge an
increase in their home’s assessed value, and therefore may
be irresponsibly balanced.
10) As Chairperson of the
Finance and Management Committee, my opponent has held up
review of the 1977
sales tax agreement resolution. The current resolution is
not favorable or beneficial to the taxpayers of the 12th
District. MY VOTE-REVIEW IT. Please review the
following press release. This agreement is definitely not
beneficial to our district.
MILLS,
RANZENHOFER, and WEINSTEIN call for the termination of the
1977 sales tax revenue distribution agreement
(Erie
County Legislature)
Erie County Legislators John J. Mills, Michael H.
Ranzenhofer, and Barry A. Weinstein, MD met interested members
of the public and press today to discuss their desire to
terminate the 1977 sales tax revenue distribution agreement.
This agreement was entered into on December 30, 1977
between the County of Erie, the City of Buffalo, the City of
Lackawanna and the City of Tonawanda.
The agreement determined the distribution of sales tax
revenue. Currently,
35.055% goes to Erie County, 29% is shared with school
districts throughout Erie County, 10.008% is divided amongst
the cities of Buffalo, Lackawanna, and Tonawanda, and 25.6858%
is split up amongst the municipalities outside of the cities. The percentage of funds a municipality receives from the
agreement is based upon their population, as it was determined
by the latest decennial federal census.
The agreement’s main purpose was to provide a proper
and equitable distribution of sales tax revenue to the Cities,
Towns, Villages, and School Districts.
However, the agreement was made in 1977 and hasn’t
been updated since. Since
1977 people and business have made an exodus towards doing
business and living in the suburbs.
Therefore, due to major shifts in population, increased
mandates upon county government, and a loss of retail services
and sales in the City, the agreement’s intentions are no
longer being met.
On April 26, 2006, Legislators Mills, Ranzenhofer, and
Weinstein introduced a resolution calling on the Legislature
to terminate the agreement entirely, and renegotiate a more
equitable sharing arrangement.
Legislator Ranzenhofer pointed out that “the
agreement states that in order to have a new agreement you
need to end the old one.
And in order to end the old agreement, the County must
give one year’s notice.”
The resolution submitted by the Minority Caucus calls
for the year’s notice to be given, and begins the
discussions to reform the sales tax distribution formula.
The December 1977 agreement provides that the cities,
towns and villages use the sales tax revenue to first reduce
the County tax levy in their municipality.
“The agreement is now outdated, and we need to agree
on a new sales tax revenue distribution formula that is more
reflective of where people live and work,” said Legislator
John Mills. “Currently,
cities experiencing population declines are receiving
approximately $215.00 per capita distribution, while many of
the towns and villages are receiving less than $100.00 per
capita,” said Legislator Ranzenhofer. Mills, Ranzenhofer, and Weinstein believe that the agreement
is no longer functioning properly.
A properly functioning agreement would honor the
agreement’s original intentions and more equitably return
revenue to where it was raised.
The Minority
Caucus resolution introduced on April 27, 2006 was directed to
the Finance and Management Committee for further
consideration. The
item has yet to be considered by the full Legislature.
“We are bringing this issue up today because it is a
good idea. The
Finance and Management Committee has become the graveyard of
good ideas,” said Legislator Barry A. Weinstein, MD. Republican Legislators are calling on their colleagues in the
Legislature to approve their resolution.
Approving this resolution will start the required one
year’s notice required by the agreement, and lead to
discussions and negotiations, paving the way for an updated
agreement that is fair.
Action on our Bonds continue
to sit in the Finance and Management committee without action
costing taxpayers $750K http://www.erie.gov/legislature/committee_finance.asp.
Here you will find all items currently in my opponents
committee. The numbers at the top of each item will
reference how long they have been there. See NY Times article
above (Jan 22, 1985). Some things never change. Budget
accountability is in the out years with little hope of
resolution. The ECMC transaction was ‘ENRONESQUE’ in
creating a ‘shell’ corporation off the debit side of the
ledger and creating a fictional asset. This is financial
shenanigans. In Corporate America, leaders go to prison for
such fiscal irresponsibility.
11) Review of the “Taylor
Law” still sits in the Finance and Management Committee
without action http://www.erie.gov/legislature/committee_finance.asp)
Intro 5-1 2006, supporting a review of the Taylor Law has been
in my opponents (Reynolds) committee since March. It remains
at the top of the most recent committee agenda, and still
has not been addressed by the committee. It is the
sole discretion of the chairman when items are going to be
discussed and moved from the committee
12) My opponent (Reynolds)
voted for increased regulation on small business
(Apprenticeship Law). A job creation program mandated by law
on small business is another example of over-regulation,
resulting in the bleeding of our small business owners. The
Apprenticeship Law was approved on February 2, 2006 - Vetoed
by Giambra, and re-approved by the Legislature on May 11, 2006
and remains in effect today. My opponent (Reynolds) voted
in support. Again, government DOES NOT create jobs. Business
creates jobs.
13) Voted for excessive
capital borrowing and deficit financing, although campaigning
against any such vote two years ago. The
Budget vote for 07 included in it the capital-borrowing
request. That is Book B of the budget. Erie County has
yet to sell bonds for 2007, which means the Finance and
Management Committee (Reynolds) hasn't taken action on it.
As of today, Giambra has agreed to let the ECFSA borrow on
behalf of the County – which would keep the vote out of the
Legislature, thereby protecting accountability.
14) My
opponent (Reynolds) in running a platform that he voted for
“meaningful Charter Reform’. I disagree. He actually
voted against needed reform suggestions from the Charter
Review Committee. On July
13, 2006, my opponent voted for the Charter Revision
Recommendations. The misleading fact is these were not
necessarily the changes recommended by the commission. Below
is documentation. The Erie County Legislature, at the
July 27, 2006 session, reviewed the recommendations of the
Charter Review Commission. Those resolutions that were
approved by the Legislature went before the voters in a
referendum on Election Day. That referendum was a WATERED DOWN
version of the Charter Review Commission. Many revisions were
watered down to ‘language changes’ and actually created
positions and government.
It is important that every citizen of Erie County
understand the result of the Commission’s work.
Below
is summary of the changes to the County Charter that may
interest you.
On July 13th
2006 Forty-Four resolutions were submitted to the Erie County
Legislature. All
of these resolutions directly pertained to the Charter Review
Commission’s work. The
changes involved are outlined below.
You will have the opportunity to vote on all of the
resolutions that passed.
Resolution
Short Summary of Resolution
Pass/Fail
How I Voted
Intro.
13-4
Legislature accepts the recommendations of the
Failed (6-9)
No
CRC and amends the
charter by referendum.
Inconsistent with
13-45 decennial review
Intro.
13-5
Stresses the need for the county to play a
Passed (15-0) Yes
role in
coordinating economic development
planning and adds
on Open Meetings Officer
to
the Legislature. All
Charter changes become
effective
on January 1, 2007. The
Charter be
amended
to reflect that there are 15 Legislative
Districts.
Intro.
13-6
Require the Legislature to hold a public hearing
Passed (15-0) Yes
five days before
any vote on local laws and that
acceptable public
notice for the hearing be given
on the county’s
website and through local media.
Intro.
13-7
Article II amended to include a smaller bipartisan
Failed (5-10)
Yes
advisory
reapportionment commission.
Intro.
13-8
Article III be amended to reduce the powers and
Failed (5-10)
Yes
duties of the
County Executive and add the new
entity of a County
Manager.
Intro.
13-9
Made changes throughout several articles of
Failed (5-10) Yes
the charter to
transfer powers and duties of the
County Executive to the County Manager.
Intro.
13-10
The Department of “Commissioner of Finance”
Passed
(14-1)
Yes
be replaced with
the “Department of Real
Property Tax
Services.”
Intro.
13-11
The Commissioner of Health appoints the Director
Passed (14-1)
Yes
of the County
Laboratory.
Intro.
13-12
A County Manager appoints the Commissioner of
Failed (5-10)
Yes
Health, members of
the Board of Health, and
Members of the
Health Advisory Board.
Intro.
13-13
Adding “Forestry” to the title of the Department of
Passed (14-1) Yes
Parks and
Recreation.
Intro.
13-14
Eliminate maintenance of ECMC’s grounds,
Passed (15-0)
Yes
because of
ECMC’s status as an autonomous
institution, from
the purview of the Commissioner
of
Public Works.
Intro.
13-15
The County implement the “Blueprint for Change”
Failed (6-9)
Yes
Intro.
13-16
Division of Youth Detention be moved to the
Passed
(15-0)
Yes
Department of
Social Services.
Intro.
13-17
Creation of the Department of Public Safety
Failed (6-9)
Yes
Intro.
13-18
Acknowledges the role of a County Manager in
Passed
(15-0)
Yes
County Government.
Authorizes the Comptroller
to have the
authority to review revenue projections,
to report on the
suitability of those projections to the
Legislature and to
authorize the Legislature to reduce
revenue
projections by 2/3 majority vote.
Authorize
the Comptroller to
have sole custody over all County
accounts. Authorizes the Comptroller to provide all
accounting
services to county departments as part of a
centralized
accounting system. The
revenue recovery
function be given
to the Comptroller and removed from
the County
Executive.
Intro.
13-19
Moving County Laboratory under the Department
Passed (15-0)
Yes
of Health.
Intro.
13-20
Elimination of obsolete language regarding Passed
(15-0)
Yes
the Erie County
Technical Institute.
Intro.
13-21
Implementation of a uniform set of standards
Passed
(15-0)
Yes
relating to the
make-up of advisory boards.
Intro.
13-22
The County Manager shall have the authority to
Failed (5-10)
Yes
to appoint the
heads of county administrative units.
Intro.
13-23
References to the Buffalo and Erie County Public
Passed (15-0)
Yes
Library be deleted
and moved to a section relating
to autonomous
County institutions.
Intro.
13-24
Reference to Erie Community College be deleted
Passed (15-0)
Yes
and moved to a
section relating to autonomous
County
institutions.
Intro.
13-25
Elimination of the Erie County Citizens Committee
Passed (15-0) Yes
on Rape and Sexual
Assault, which is now a
dormant
Committee, as they voted to cease their
operations,
which are now being conducted by
another
organization.
Intro.
13-26
Elimination of the Art and Culture in Public Passed
(15-0)
Yes
places board; a
board that has never met, or
functioned, and is
now dormant.
Intro.
13-27
Elimination of the Narcotics Control Board
Passed (15-0) Yes
Which is now
dormant and non-functioning.
Intro.
13-28
Create a statement of intent to insure that the
Passed (15-0) Yes
principles of
transparency, programmatic
budgeting,
quantification and cost accounting are
reflected in
future county budgets.
Intro.
13-29
Addition of a “Revenue Projections Reviewed”
Passed (15-0)
Yes
section of the
charter that includes authorizing the
Comptroller to
review revenue projections and large
expense estimates
to determine their suitability.
that Legislature
will be authorized to reduce revenue
projections by a
2/3 vote or increase expense estimates
by a majority
vote.
Intro.
13-30
Each individual line item proposed in an
Passed (15-0) Yes
amendment to the
budget offered less than 48 hours
must be voted upon
separately by the Legislature.
Intro.
13-31
Deletion of obsolete Article XVIII, Section 1803G
Passed (15-0)
Yes
which was
created specifically for the 1984 budget.
Intro.
13-32
Deletion of language from Article XVIII, Section
Passed (15-0)
Yes
1804 relating to
the Legislature establishing a
reserve amount for
uncollected taxes because of
the
Legislature’s inability to make this determination.
Intro.
13-33
Change in the dates administrative units submit
Passed 15-0)
Yes
their budgets from September 15th to August
15th
and requires that
all information used to develop
revenue estimates
be submitted to the Comptroller
by October 1st.
Intro.
13-34
Authorized independently elected officials to
Failed (2-13)
No
submit their
budgets to the executive branch
for consultation
but not alteration without the
consent of the
independently elected official by
September 15th
in each year.
Intro.
13-35
Include a statement of intent emphasizing that
Passed(15-0)
Yes
a balanced budget
is essential to the fiscal integrity
of Erie County and authorizes the Comptroller to
declare
a deficit. Authorizes
the County Executive
to
make budget transfers, up to $10,000, from one
administrative
unit to another. These
transfers will
be
reported to the Legislature on a monthly basis.
Intro.
13-36
Deletion of language referring to ECMC and the
Passed (15-0)
Yes
Erie County Home,
since these entities are now
part of a public
benefit corporation organized under
New York State
Law.
Intro.
13-37
Removal of the Citizen’s Budget Review Board.
Passed (15-0)
Yes
Intro.
13-38
Changes the date administrative units submit their
Passed (15-0)
Yes
budgets and
authorizes independently elected
officials to
submit their budgets to the executive
branch
for consultation but not alteration without
the
consent of the independently elected official by
September
15th, incorporating Intro 13-34.
Intro.
13-39
Changes the date for the submittal of capital Passed
(15-0)
Yes
projects and
amends the administrative code to
prohibit the use
of bond capital for salaries, utilities,
supplies, or other
recurring expenses unless authorized
by New York State.
Also requires that a proper fund
balance be
maintained in the adopted budget.
Intro.
13-40
Authorizes independently elected officials to
Passed (15-0)
Yes
manage their
approved budgets throughout the
fiscal year and
authorizes the Legislature by simple
majority vote to
take corrective action in the event of
a deficit.
Intro.
13-41
Prohibit county officers or employees from Failed
(4-11)
No
knowingly
soliciting a contribution or campaign
work from a person
doing business with the county
or
a subordinate employee. Failed
to prohibit
union
contributions.
Intro.
13-42
Creation of an Office of Public Advocacy. Passed
(12-3)
Yes
Intro.
13-43
Creation of an “Autonomous Institutions”
Passed (15-0)
Yes
section of the
charter. ECC is
identified as a
component of SUNY.
ECMC is recognized as a
public benefit
corporation. The Buffalo and Erie
county Public
Libraries are recognized as a corporation
chartered pursuant
to NYS Board of Regents.
All are placed in
this section of the charter.
Intro.
13-44
Support of Gender Neutral terminology in the
Passed (15-0)
Yes
charter.
Intro.
13-45
The Erie County Charter undergo a mandatory
Passed (12-3)
Yes
decennial review.
Intro.
13-46
Charter be amended to make the Directors of the
Passed (15-0) Yes
Divisions of
Purchasing, Budget and Management
and Information
and Support Services subject to the
confirmation of
the Legislature.
Intro.
13-47
Creates a new department named the Division
Passed (9-6)
No
of Labor, as a
stand alone Department
of
Government. The
Commissioner of Labor
shall
be appointed by the County Executive.
Additional
Charter Revisions I would propose are:
1)
Budgets based on population growth and/or Gross
Domestic Product Growth
2)
Restitution to homeowners via repayment of taxes
with interest if home does not sell at assessed value
3)
Legislators using my tax money to fund their
special interest projects, thereby buying votes, would be
financed from their paycheck and NOT taxpayer money.
