Chautauqua County Home in Dunkirk, NY.

MAYVILLE – It’s going to be a busy night at the County Seat in Mayville as the Chautauqua County Legislature holds its monthly voting session.

Topping the list of items on tonight’s agenda is a resolution to sell the Chautauqua County Home in Dunkirk to VestraCare for $16 million. Since January of 2013, the legislature has tried three times to sell the skilled nursing facility with little success. However, with a new legislature in place for 2014, supporters of privatizing the county home seem confident that there will be enough votes tonight for the sale to go forward.

Earlier this month, legislators spent nearly an hour-and-a-half questioning VestraCare vice president Edward Farbenblum and administrator Shannon Cayea-Delker to learn more about their operation and what the future holds for the skilled nursing facility in Dunkirk, should a purchase take place.

During his Feb. 5 presentation, Farbenblum assured lawmakers that he takes a hands-on approach to running his facilities and if any issues or problems were to come up following the sale, he could be directly contacted by lawmakers. “My absolute promise to you is that the buck stops here. If you’re a county legislature in this county you’ll have my cell phone number and you’ll have Shannon’s cell phone number and if you have a problem you can call one of us.”

Chautauqua County Legislator Terry Niebel (R-Dunkirk) talks with VestraCare’s Edward Farbenblum following a Q&A session with the legislature on Wednesday, Feb. 5, 2014.

Not all lawmakers are in favor of the sale. While 13 of the 19 members need to approve it, five are expected to vote against the sale. They are North County legislators Keith Alhstrom, Shaun Heenan, Janet Keith, Terry Neibel and Bob Scudder. Also, at least one news outlet is reporting that Legislator Chairman Jay Gould is ill and will most likely miss tonight’s meeting. Meaning that if one other legislator votes against the sale or is unable to attend, it will not go forward.

The selling of the county home has been a contentious issue with lawmakers since it was first proposed by former County Executive Greg Edwards in 2011. Proponents say selling the home will remove unnecessary costs in county government, while opponents of the sale say privatization will reduce the quality of care for the resident at the Dunkirk-based facility.

Tonight’s meeting begins at 6:30 in the legislative chambers in Mayville. It will be open to the public and any resident or group wishing to speak out on the matter will be allowed to do so at the beginning of the meeting.

Chautauqua County Home in Dunkirk, NY.

MAYVILLE – The President of the union that works at the Chautauqua County Home says he heard some positive things from a group of buyers who want to buy the skilled nursing facility, but they also left a few of his questions unanswered.

CSEA Chautauqua County Unit President Steve Skidmore represents the 280 employees who work at the county home in Dunkirk and who are fighting to keep the facility publicly owned by the county. Skidmore says that while representatives from VestraCare said that they would employee the same number of employees, if not more, while also providing similar wages, he said the didn’t guarantee the current employees would be able to keep their jobs.

He also said the representatives were not clear about a possible tax break they would be getting from the county for $1 million in upgrades that are included in the proposed contract. “It’s right in this agreement that they will get a million dollar PILOT program from the IDA, so when they say they’re going to spend a million dollars to improve the Chautauqua County Home, they’re going to spend IDA money and taxpayers money to improve the home. That’s not their money.”

The county legislature will be acting Feb. 26 on the sale of the home for $16 million to VestraCare. In the meantime, Skidmore says he will continue to try and persuade lawmakers that selling the home would be the wrong decision.

The Post-Journal reported earlier this month that about 170 employees signed a petition saying they’d be willing to break from the union and re-negotiate a contract with the county to find a way to reduce costs and keep the facility publicly owned. Skimdore says he is aware of that effort, but also says the union has been willing to make concessions throughout the process.

“They weren’t positive the union was doing enough to negotiate the changes,” Skinner explained. “But two years ago the we tried to talk with Greg Edwards and he refused at every letter we sent to him. He never would sit down and negotiate… I doubt that [Vince] Horrigan is going to do that just because he’s going to worry about the sale first. If the sale doesn’t go through then we’ll sit down with him.”

On Feb. 5, Edward Farbenblum and Shannon Cayea-Delker from VestraCare talked with the legislature for an hour-and-a-half about their new offer to buy the county home.  While some lawmakers appear to be against the sale, it looks as though the proposal would have enough of the 13 votes needed in order for it to go forward.

VestraCare administrator Shannon Cayea-Delker and vice president Edward Farbenblum respond to one of the questions that was posed to them during a special meeting of the Chautauqua County Legislature on Wednesday, Feb. 5, 2014.

MAYVILLE – “Our mission is to help people.” That was the reassuring message delivered by the company that wants to purchase the Chautauqua County Home for $16 million when it met with the Chautauqua County Legislature on Wednesday.

During a special work session, legislators spent nearly an hour-and-a-half questioning VestraCare vice president Edward Farbenblum and administrator Shannon Cayea-Delker to learn more about their operation and what the future holds for the skilled nursing facility in Dunkirk, should a purchase take place.

• READ PROPOSED VESTRACARE CONTRACT

Farbenblum, who also spoke to the legislature in August and in October of last year, reiterated his company’s plan for senior care and why they are looking to purchase the County Home.

“It’s about expanding program lines and its about that more difficult, more acute resident who needs a more hands-on, higher skill level of care,” Farbenblum said. “We believe that this facility, for a whole bunch of demographic reasons and physical plant reasons, is ripe to be converted into that facility – the vision that we are planning.”

During the Q & A with lawmakers, legislator Fred Larson (D-Jamestown) asked specifically about Vestracares benefits for employees. Cayea-Delker and Farbenblum both confirmed that the company’s contribution for both retirement and healthcare would be significantly less than what the county is paying. Larson said that alone would result in an operating budget that is $1.5 million less than what the county is currently paying, adding that it’s no mystery how VestraCare could turn a profit on the home, even though the county can not.

“We hand the keys to you… and you’re a million-and-a-half to the good before you change anything else,” Larson explained. “So its no mystery to me and it’s no mystery to the employees at the home, it’s not a mystery to the people that maybe feel badly about the county selling this. How could you do something that we can’t do? There’s two simple answers.”

Farbenblum also said that any employee that currently works at the facility would be given the opportunity to continue working there, following a screening process that includes a background check and drug testing.

Chautauqua County Legislator Terry Niebel (R-Dunkirk) talks with VestraCare’s Edward Farbenblum following a Q&A session with the legislature on Wednesday, Feb. 5, 2014.

As for the care of the 218 residents in the home, which has been one of the main concern for many in the north county, Cayea-Delker assured the legislature and county residents that all residents would receive the same level of care, if not greater because VestraCare plans to increase staffing in some areas. She also said that any of the indigent residents currently living in the facility would also still have a home there, once a sale went through – regardless of their financial situation.

“I am a social worker, by background, and I am a ‘bleading heart.’ In no way, shape or form do we intend to evict any resident because [they are indigent]. We will assist them in finding a payer source.”

Legislators also questioned the timeline of when VestraCare would begin expanding operations, with both Farbenblum and Cayea-Delker saying that new services could begin within a year or two after they purchase the home.

The most contentious portion of the Q&A was between legislator Terry Niebel (R-Dunkrik) and Farbenblum. Niebel feels that the $16million offer by VestraCare is far below what it is actually worth, saying the number could actually be twice the asking price. However, Farbenblum countered by saying that the market dictates the price and based on his company’s analysis, $16 million was the number they felt most comfortable in offering, given the investments they plan to make in the future along with the taxes they’ll be paying on the property if it were to be privatized.

The selling of the county home has been a contentious issue with lawmakers since it was first proposed by former County Executive Greg Edwards in 2011. Since then the county has spent money on a county home feasibility study by the Rochester, NY firm, Center for Governmental Research. The issue of selling the home also went before the legislature three times in 2013, although all three efforts – including one to VestraCare – were unsuccessful.  Proponents say selling the home will remove unnecessary costs in county government, while opponents of the sale say privatization will reduce the quality of care for the resident at the Dunkirk-based facility.

The next vote on the sale of the County Home will take place Feb. 26 at 6:30 in the legislative chambers in Mayville. It will be open to the public and any resident or group wishing to speak out on the matter will be allowed to do so at the beginning of the meeting.

The Chautauqua County Legislature spent over two hours on Wednesday night hearing comments and discussing the future of the County Home prior to a failed vote to sell the facility to VestraCare. The proposal to sell failed by one vote. (Photo by Jason Sample/WRFA)

MAYVILLE – For the third time this year, the effort to privatize the Chautauqua County Home has been defeated.

Wednesday Night the Chautauqua County Legislature voted to sell the county home to VestraCare at a cost of $16.5 million. The final vote was 16 to 9, which was one vote short of the 17 that is required for a property sale under the county charter.

Prior to the vote, legislators spent an hour discussing the sale. Legislator Tim Hoyer (D-Jamestown) said he was opposed to the sale because he felt the county needs the skilled nursing facility in order to ensure its residents will be properly taken care of.

“When we own our own county nursing home, we can take care of our family. We can take them in, not needing a means test to see if they can help turn a profit,” Hoyer said. “When we own our county home, we can act with compassion for each and promise to provide for each others’ common needs because of our county home. There is no worry about whether or not we will be accepted, only if there is a bed available. That promise of care is what we are being asked to sell tonight.”

However, several lawmakers disagreed with Hoyer, saying that if the county doesn’t privatize the home, it risks being closed down in the near future. Legislator and Republican county executive candidate Vince Horrigan (R-Bemus Point) said that selling the county home shouldn’t be considered a loss, but rather an opportunity.

“If we do not seize this opportunity, if we just continue like in 1987 until now to kick this down the road, I truly believe there will come a time when we will not talking about a buyer, at lest not this quality buyer. We’ll have to face the consequences that could be something much less than the opportunity to privatize. None of us want that.”

Legislator and minority leader Bob Whitney (D-Jamestown) said he was opposed to the sale because he didn’t feel legislators were given enough time to research VestraCare. He accused the process of being rushed for political reasons…

“You can slice it anyway you want but his is not a vote tonight to sell the county home. It’s a vote so one political party can try to make this election about the sale of the county home. Not about the record on job loss, tax increases and political gerrymandering of legislature lines,” Whitney said. “They control the agenda so they are going to use the legislative process in an attempt to influence the election…. you would have to be a fool to think the timing of this vote was just by chance.”

Besides Whitney and Hoyer, the other Legislators voting against sale were: Keith Ahlstrom (D-Dunkirk), Lori Cornell (D-Jamestown), Billy Coughlin (D-Fredonia), Tom DeJoe (D-Brocton), Bob Duff (R-Sheridan), Shaun Heenan (D-Dunkirk) and Bob Scudder (R-Fredonia).

LISTEN TO LEGISLATORS COMMENTS AND REACTION FROM COUNTY EXECUTIVE

OVER A DOZEN SPEAK OUT AGAINST SELLING THE HOME

Prior to the legislature discussing the sale of the county home, members of the public were given an opportunity to offer their thoughts on the proposed sale.In all, 15 people spoke, including County Home Resident Joe Carrus, who serves as the president of the home’s resident’s council and made an impassioned plea to the lawmakers.

County Home resident Joe Carrus was one of 14 individuals who spoke out against the sale of the county home on Wednesday. (Photo by Jason Sample/WRFA)

“Can’t you hear that the sick and old and employees are calling out to you, the county legislator? Can’t you hear their cries?” Carrus asked. “Will you grasp their outstretched hands or let them cry in vain when you cast your vote for the buyers? Please don’t cast that vote for the buyers! You did not do enough research to begin with.”

Another who spoke out against the sale was Dunkirk resident Frank Gawronski, who said that several lawmakers have said selling the home will help reduce taxes. Something he doesn’t believe.

“My county taxes come out to about $400 a year. How much are you going to save me by selling the county home? You might save me five buck. It’s not worth the five bucks you’re going to save me to do what you’ve done. You’ll further divide this county into north and south with the false promises of a tax deduction that we’re never going to see.”

Several members of the CSEA Unit 6300 also where on hand and spoke out against the sale.

Of the 15 speakers, only one spoke out in favor of selling the county home, and that was Chautauqua County Chamber of Commerce president Todd Tranum, who said that if the county doesn’t sell the home soon, it will risk having to close the facility down. He also said that a sale would benefit more residents than it would hurt.

“For some here tonight, voting ‘yes’ to sell the county home may be a difficult decision,” Tranum said. “However, if you look at it from the framework of saving jobs, saving important services for our elderly, saving an asset, doing what is fiscally and financially right to do, and doing what is right for the taxpayers of Chautauqua County, then it really should not be that hard of a decision.”

EDWARDS PREDICTS VOTERS WILL SHOW DISPLEASURE WITH FAILED SALE

Following the failed vote, Chautauqua County Executive Greg Edwards admitted that the result was what he had anticipated, although he also said that he was still disappointed. He also said that when he contacts VestraCare, he will let them know that the decision was not based on how they run their operations.

“I’m going to compliment them on the fact that despite immense efforts by people opposed to the [the sale] of trying to find something bad VestraCare, not one single negative word was mentioned about the performance of VestraCare,” Edwards stated. “So he should be taking this vote as a compliment, in the sense that not a single person could say anything bad, just not enough people could recognize the value and the opportunity that he proposed.”

Edwards believes that the sale of the home will happen at some point in the near future, and that’s because voters will not re-elect those who voted against the sale.

I’m confident that on Tuesday, voters are going to vote at the polling places with a clear agenda on their minds. That they are going to look to replace those legislators who voted in opposition to their wishes and that their going to put people in those spots that are going to do what they are hired to do, and that is to represent the majority of the people in Chautauqua County.”

As for the buyer of the home, VestraCare co-owner Edward Farbenblum told WRFA earlier this month that if the sale was voted down, he would reconsider submitting another proposal, although there’s no guarantee because he was also looking into purchasing another similar facility, and stated that it would be one or the other, but not both.

Chautauqua County Home in Dunkirk, NY.

MAYVILLE – The Chautauqua County Legislature will be meting for the third time this month when it convenes tonight in the legislative chambers in Mayville. At issue is whether or not to sell the Chautauqua County Home in Dunkirk to VestraCare at a cost of $16.5 Million.

On October 9, lawmakers held a special meeting to meet with and question officials from VestraCare, including co-owner Edward Farbenblum. Tonight, the legislature will allow the public to comment on the proposed sale. Following public comment, a vote will take place.

County legislature chairman Jay Gould (R-Ashville) says he’s expecting a large turnout tonight from residents interested in offering their thoughts on the sale of the skilled nursing facility, meaning it could make for a long meeting.

“I haven’t let the public speak much on this subject yet,” Gould told reporters on Oct. 23, “So I assume they will be here in droves. And if it goes to 11 o’clock it goes to 11 o’clock. They’ve got to have their say. I fully understand that.”

Tonight will be the third attempt by the legislature to vote on selling the county home. It failed the two previous times in January and February, when a proposal came forward to sell the home to Altitude Health Services of Chicago. The vote in January was 16 to 9 against selling the home, which was one vote-short of 17 votes that are required to sell a piece of county-owned property.

Tonight’s meeting begins at 6:30 in the legislative chambers and is open to the public.

Chautauqua County Home in Dunkirk, NY.

MAYVILLE – Members of the Chautauqua County Legislature will be voting on the sale of the Chautauqua County Home in Dunkirk on Oct. 30. On Thursday, Chautauqua County Legislature Chairman Jay Gould scheduled the special meeting of the legislature to vote on the sale of the home to VestraCare at a cost of $16.5 Million. A public comment period will also be provided prior to discussion and action by the legislature.

• VIEW COUNTY HOME PROPOSED PURCHASE CONTRACT FROM VESTRACARE (59 PAGES)

This past Wednesday night, lawmakers met with representatives from VestraCare to learn more about their interest in purchasing the county home. There was also discussion of having the deadline for acting on the sale pushed back until after election day, but VestraCare co-owner Edward Farbenblum stated the Oct. 30 deadline was part of the negotiated terms of sale and he did not want it to change.

The special voting session will take place at 6:30 p.m. Oct. 30 in the legislative chambers and will be open to the public.

Representatives from VestraCare spent nearly two hours meeting with Chautauqua County Lawmakers on Oct. 9, 2013 to answer questions and provide details on their interest in purchasing the Chautauqua County Home. From left to right: Cookie Travis, Admissions Director of Golden Hill Nursing Home; Hector Rodriguez, Golden Hill Community Relations Director; Jaqueline Sylvia, Golden Hill Chief Administrator; and Edward Farbenblum, VestraCare co-owner. (Photo by WRFA)

MAYVILLE – It was a long and at times confrontational special meeting of the Chautauqua County Legislature last night in Mayville as lawmakers met with the latest prospective buyers of the Chautauqua County Home.

Four representatives of VestraCare – including co-owner Edward Farbenblum – sat before the legislature and answered more than two dozen questions regarding their interest in buy the skilled nursing facility in Dunkirk at a cost of $16.5 million.

• VIEW COUNTY HOME PROPOSED PURCHASE CONTRACT FROM VESTRACARE (59 PAGES)

Lawmakers were especially interested in what VestraCare’s immediate and long-term plans would be for the home, including what services they would offer and what type of staffing they would provide for patients in their care. Officials with VestraCare explained that they would like to eventually expand services that would include a medical daycare facility as well as a provide homecare services.

Administrator Jaqueline Syliva – who is the head of VestraCare’s Golden Hill skilled nursing facility in Ulster County, NY – said that they would most like expand the number of nurses they have on staff at the facility. And both Sylvia and Farbenblum explained the company’s hiring practices, saying they would interview all current staff of the county home and work toward hiring those individuals, prior to going out and seeking other candidates. They also said wages would be similar to what is currently being offered, but could not make any guarantee that they could match the current benefits.

Oct. 30 decision deadline too soon?

One of the main issues of concern that was brought up by some lawmakers was the timeline given for the legislature to act on the sale. Under the submitted contract, VestraCare is requesting the county act on the contract by Oct. 30.

However, legislators Billy Coughlin (D-Fredonia), Bob Whitney (D-Jamestown) and Chuck Nazarro (D-Jamestown) questioned the date, saying they felt more time would be needed.

Coughlin was especially confrontational with the buyers, questioning their past history with other facilities and alleging they did not have strong oversight with some companies they subcontracted for certain services. He also said he wanted more time to investigate VestraCare.

Twenty of the 25 legislators were in attendance for the Oct. 9 meeting. (Photo by WRFA)

“This is what I’ve been able to come up with in nine days, just nine days,” Coughlin said, pointing to his notes on the company. “This is very difficult for me. I think we need an extension, for our due diligence, to maybe get an answer to some of these things. Real answers.”

Nazarro was also against the deadline, but for a different reason. He felt that it was poor timing, considering a local election was just around the corner and it may led to some legislators voting against the sale.

“I have been on record that I want to see the home privatized to the best buyer,” Nazarro said. “I think that’s a trend your going to see for all the reasons stated. However, I think that putting that October 30 date on there is going to jeopardize the entire process.”

Despite Nazarro’s and Coughlin’s concern with the Oct. 30 deadline, other lawmakers felt that it wasn’t a major issue. Vince Horrigan (R-Bemus Point), Larry Barmore (R-Gerry) and Keith Ahlstrom (D-Dunkirk) all pointed out that lawmakers actually had since the end of August to research the buyers, since that was when they were first introduced to lawmakers.

In addition, legislator Mark Tarbrake (R-Ellicott) said delaying the vote would only result in more money being lost in the long-run.

“The problem with postponing the vote, is the fact that we’re losing money on this facility every single day,” Tarbrake said. “I agree with what Mr. Ahlstrom said. He’s got a lot of wisdom here and he’s served on this body for a long time. We’re here to serve our constituents and if you can’t vote now with your conscience, then there’s a problem. I don’t think we should postpone the vote. I think it is important for the citizens of this county.”

Waiting to vote could be a gamble

Farbenblum said that he would prefer the legislature stick with the Oct. 30 deadline since that was what was agreed to during negotiations. After the meeting, WRFA asked him what would happen should the legislature vote against the sale on Oct. 30, which is a likely scenario. One of the options is that another vote could come forward later this year or even early next year, although Farbenblum said he can’t guarantee VestraCare would still be interested.

“if it comes to it, I’ll play the waiting game, but I can’t promise that I’ll be here,” Farbenblum said. “I will tell you that there are two county facilities for sale right now that we are interested in and it’s going to be this one or that one at the end of the day. And if that one turns into a sure thing, I can’t say ‘no’ because this one is a maybe.”

The legislature is expected to act on the sale of the home on during a special voting session on Oct. 30. A total of 17 ‘yes’ votes would be required in order for the sale to go through. In January of this year, the legislature voted 16 to 9 in favor of selling the home to Altitude Health Services of Chicago – which was one vote short of the required 17. A second attempt in February to sell to Altitude Health Services also failed.

In all, the special meeting lasted an hour and 45 minutes. A total of 20 legislators were in attendance, with Bob Duff (I-Sheridan), Shaun Heenan (D-Fredonia), Bob Stewart (R-Conewango), Lori Cornell (D-Jamestown) and Tim Hoyer (D-Jamestown) all absent – although Farbenblum said that both Cornell and Hoyer have been in contact with him to ask questions about VestraCare.

During Wednesday night’s Chautauqua County Legislature voting session, Martin and Edward Farbenblum and Shannon Cayea-Delker from VestraCare addressed the county legislature and provided some basic information about their operations as well as the two other skilled nursing facilities they own and operate – which are located in Broome County and Ulster County – both in New York State.

• LISTEN TO FULL AUDIO OF PRESENTATION
  

While addressing members of the legislature, Edward Farbenblum explained that if the purchase goes through – he and his partners plan to use the model they’ve implemented at their two other facilities here in Chautauqua County. He said that includes expanding services to better treat patients in their care.

“The idea is to provide – off the back of a skilled nursing facility – the full spectrum of modalities of senior care and healthcare, Farbenblum said, adding, “so that every resident and every patient is provided with the appropriate modality of care rather than being sent to the most expensive modality of care.”

Also during their presentation, Cayea-Delker – who serves as the top administrator at the Susquehanna Nursing & Rehab Center in Broome County – said their goal would also be to develop a partnership with local hospitals.

“We have also worked with our local hospitals, which is a big niche for use,” Cayea-Delker explained. “We absolutely want to partner up with our local hospitals to provide programs for congestive heart failure, chronic obstructive pulmonary disease…. and disease management to keep people from readmitting to the hospitals – both short term-patients and long-term patients.”

Following their presentation, legislature chairman Jay Gould refused to allow any questions to be asked – saying that would instead wait until a special meeting is scheduled in September. The date and time of that meeting has yet to be scheduled.

According to County Executive Greg Edwards, the group has offered to buy the home at the minimum asking price of $16.5 million. Following Wednesday’s meeting, he expressed his optimism for the latest prospective buyers.

“All of this makes me very excited because I believe this is going to be the right purchaser for our home,” Edwards said. “If you look at their proposal – and that will be distributed here widely – they want to dramatically expand the services that are being offered at the county home. Not just in more rehabilitation as they indicated they have done already in Ulster County, but they want to add assisted living, independent live, adult day care and specific modalities of care for people who have developmental disabilities. That is precisely what we have been looking for all along and I think this is exactly why the people of Chautauqua County should be as excited about this as I am.”

In 2012, the county hired the marketing firm of Marcus & Millichap out of Chicago to help locate a buyer for the home. Earlier this year, an offer had been made by Altitude Health Services of Chicago, but was voted down on two separate occasions by the legislature. Altitude Health offered to buy the home at a price of $16.5 million. Earlier this month, a second buyer came forward and also offered $16.5 million, but that deal was pulled from the table when the buyer failed to make a 10 percent good-faith deposit.

The latest group toured the Chautauqua County Home earlier in the day on Wednesday. It’s not yet know if the legislature will act on their bid to buy the home in October or November.