Albany Times-Union: Cuomo's progessive plans fuel speculation

Statement by Assemblyman Steve Hawley:

The Governor’s State of the State address detailed his personal agenda for the 2013 legislative session. His plans to promote Upstate New York’s economy and invest in programs that will put the state on the cutting edge of high-tech innovation will provide a much-needed boost for our region. However, his presentation lacked any plans to address unfunded mandate relief, one of the biggest issues facing state government this year. No legislative agenda can be considered complete without a substantive plan to free our schools, towns and taxpayers from the burden of unfunded mandates.

Statement by State Sen. Michael Ranzenhofer:

State Senator Michael H. Ranzenhofer (R, C, I- Amherst) has issued the following statement in response to Governor Cuomo’s State of the State Address:

“Over the last two years, the State Legislature has been able to work together – unlike the gridlock and partisanship in Washington, D.C.– to pass two on-time budgets that reduced overall spending, lowered middle-class tax rates to the lowest levels in 58 years and realigned investments toward job-creation initiatives, such as ReCharge NY and Regional Economic Development Councils. Despite our fiscal house being put back in order, difficult choices remain ahead since the State still faces a $1 billion budget gap.

The ultimate goal must continue to be making New York more business friendly and improving our State’s economy so that the private sector can create jobs. The Governor’s proposals to reform workers’ compensation and unemployment insurance programs and his commitment to avoid taxes as a way to balance the budget will further help companies lower the costs of operating a business in New York. I am also pleased that, after announcing a billion dollars in economic development incentives for the Buffalo region last year, the Governor has again recommended a series of initiatives to revitalize Upstate New York’s economy.

The private sector created more than 210,000 jobs in New York State alone during the last two years, and I am hopeful that the State Legislature will be able to move New York’s economy in an even stronger direction by making the right investments and taking the right actions in the 2013 Legislative Session.”

In conjunction with two partners, Genesee ARC submitted a bid to continue providing the City of Batavia garbage and recycling service.

Donna Saskowski, executive director of the ARC, sat through the bid opening at city hall today and characterized her agency's bid as "somewhere in the middle."

But, she said, the city's decision doesn't just come down to price. It's also a matter of being responsive to the bid specifications and she thinks ARC delivers value to the city beyond just price.

"I would hope they could give us a real fair hearing in terms of our value-added items that we will do for the city, keeping people employed here," Saskowski said.

She added that the agency's partners on the project, Boon and Son and Cascade Recovery, also add value to the package; Cascade, in particular, which can sell recyclables anywhere in the world.

"They want a share of that revenue and the city can get more than they ask for if they work with us," Saskowski said.

In the public meeting to open the bids, Director of Public Works Sally Kuzon read each bid for garbage collection and the purchase of totes (two separate bids). A city staff member recorded the bids. When asked for a copy of the record of bids, Kuzon declined to provide a copy to the media.

Saskowski shared ARC's bid, which for refuse collection is $102.97 per parcel per year and $60.13 for recycling. Refuse disposal is $42.50 per ton.

In response to a FOIL request for the rest of the bids, City Clerk Heider Parker said, "This information will be available within 20 business days but I will notify you if it is available sooner."

Deciding to proceed with a bid was a big decision for Genesee ARC, which has provided the city with garbage collection services for 30 years. City officials are seeking to create a new program that is more automated and encourages recycling. ARC is partnering with Boon to provide the trucks necessary for tote pick-ups and with Cascade to help market recyclable material.

"We decided to go ahead because we still have people with disabilities and people in Genesee County who still need jobs here," Saskowski said. "That was my major motivation."

Sean Mason, an environmental sales specialist representing one of the tote manufacturers bidding on the job, Rehrig Pacific, said his company is motivated to help communities improve what they send into the waste stream. Rehrig Pacific has been making totes for 13 years and been in the plastics business for 100 years.

"We're always looking to increase our footprint and to help communities increase their recycling rate and increase the participation per household," Mason said (pictured below with coworker Jason Gimlin).

Press release:

United Memorial Medical Center welcomed the first baby born within Genesee County in the New Year, 2013. Naomi Lynn, a baby girl, was born to Kristen Keiffer and Robert Gerety of Lyndonville, on Tuesday, January 1st at 4:16 a.m. at United Memorial Medical Center in Batavia. She is the first child for the new parents.

Grandparents are Doug and JoAnn Keiffer, of Medina, and John and Nora Denfer, of Lyndonville.

Baby Naomi weighed 4 pounds, 13 ounces and was 17 ¼ inches long. She was delivered by midwife, Cecelia Stearns, CNM.

The new mother, Ms. Keiffer is employed as an aide at Medina Memorial Hospital and Mr. Gerety works for ATB Staffing Solutions at Mizkan in Lyndonville.

As the New Year’s baby, Naomi and her parents received a $250 gift card to a local store from United Memorial.

In 2012, there were 654 babies delivered at United Memorial, a 21-percent increase from 2011.

A tree and wires are reportedly down in the roadway at 8 Platt Ave. in Le Roy. The fire department is responding. The location is between George and Elm streets. The Department of Public Works is on scene.

Highlights from the Batavia City School District (BCSD) Board of Education meeting on Jan. 8 include news and updates about the following: 

• Security and Safety Procedures Review
• Focus Update
• Kindergarten Registration Begins Feb. 4
• Curriculum Coordinator Hired
• Budget Ambassadors Appointed
• Richmond Memorial Library Updates Goals
• Financial Summary Report

Security and Safety Procedures Reviewed

Superintendent of Schools Chris Dailey announced that an “Emergency Go Home Early Drill” will be held on Feb. 5 as part of the required State Safety Plan. All students will be released at 1:15 p.m. and off of school grounds by 1:30 p.m.

The BOE Safety Committee Chair Amy Barone reported that the committee met in December with Batavia City Police Chief Shawn Heubusch to review and discuss school safety. In addition to providing the district’s internal safety plan to the police department, the group discussed more police presence on school property (including both an increase in patrolling the grounds as well as having officers come inside buildings during extracurricular activities), police access to school buildings in a lock-down situation, the possibility of funding safety officer positions at schools, an increase in number and type of safety drills, and modifications to existing safety equipment and building design to increase safety functionality.

Election Day, which has been highlighted as a safety concern due to the schools being open to all voters on a day when children are present, was also discussed with proposals ranging from moving the election site off school grounds to scheduling a Superintendent’s Conference Day on voting days so that students would not be in the buildings.

Focus District Update

With two of his training sessions in Albany completed and another coming up in March, Superintendent Dailey reported that the district continues to move forward with meeting state requirements and criteria for the school improvement plan that identifies areas of need as well as programs and activities to help increase student achievement.

As one of the state’s requirements for the evaluation process is to work with non-district educational experts, Dailey noted that the district is fortunate to be working with Steve Uebbing, Ed.D., and Sandra Quinones, Ed.D., from the University of Rochester. They will meet with district administration and staff to help increase understanding of the six tenets of the state’s diagnostic process as well as to facilitate preparation for the state’s visits to the district and the middle school. The visit will take place in June.

In addition, bids are going out to approved vendors for the creation of surveys to solicit feedback from students, staff and parents. Overall, Dailey said, the process in very extensive and the district continues to make progress.

As noted at previous board meetings, the district did not meet New York State’s proficiency benchmarks in the 2010-2011 school year for one subgroup of students. As a result, it has been identified by the NYS Education Department as a Focus District, which is required to choose at least one school on which to focus efforts toward improvement for this subgroup.

Because the middle school has the greatest number of students in the specified subgroup, it was chosen as the Focus School. The district has assembled a school improvement committee to develop and implement a plan that identifies areas of need as well as programs and activities to help increase student achievement.

It’s important to note that the data used for the determination dates back to the 2010-2011 school year and if data from 2011-2012 had been used, the district would have made the target cut points. So while the district is responsible for following an approved Comprehensive Improvement Plan, many of the strategies and plans are already under way and yielding positive results.

Kindergarten Registration Begins Feb. 4

Superintendent Dailey announced that kindergarten registration for the 2013-2014 school year will take place Feb. 4-8 at Jackson Primary School in the multipurpose room.

Children who will be 5 years old on or before Dec. 1, 2013 are eligible to attend kindergarten in the fall. To register, parents are asked to go to Jackson primary on one of the designated school days between 9 a.m. and 3:30 p.m. and bring with them proof of residency such as a current utility bill or formal lease agreement, as well as the child’s birth certificate, Social Security card, and complete record of immunizations. Please note that no child can be registered without the required documentation.

Parents of new first-grade pupils are also asked to register their child in the same time frame and with the same documentation.


Jackson Primary School is located at 411 S. Jackson St. The office phone number is 343-2480, ext. 4000.

Curriculum Coordinator Hired

Superintendent Dailey announced that Curriculum Coordinator Jolene Dettman will begin work on Jan. 18. The position is shared with Pavilion Central School District. She comes from Monroe 2 where she developed expertise in the Common Core and in curriculum development.

Budget Ambassadors Appointed

Sherri Bartz, Rodney Brinkman, Frank DeMare, Jacquie Fowler, Michael Grammatico, Jay Gsell, Jill Halpin, Lynn Heintz, Patti Johnson, Cheryl Kowalik, Jason Molino, Marcia Riley, Durin Rogers, Richard Seymour, and Danielle Torcello applied and were appointed to be Budget Ambassadors for the 2013-2014 district budget proposal.

Ambassadors are residents of the district who volunteer and commit to serve on a committee which meets for two (2) two and a half (2.5) hour evening sessions. Ambassadors review the preliminary budget as developed by the administration (within parameters established by the Board of Education) and recommend to the board any modification(s) they would like to see. Their recommendations, while highly valued, are advisory rather than binding as the board develops the Proposed Budget to be brought to the voters. In addition, ambassadors agree to explain their work to any interested individual in the community.

Richmond Memorial Library Updates Goals

In addition to continuing to build on its previous goals related to space utilization, technology usage, working with the business community, and fiscal responsibility, the Richmond Memorial Library Board has approved goals for 2013-2017. Library Director Diana Wyrwa presented the revised mission statement and outlined the four goals.

The updated mission statement is “Richmond Memorial Library continually provides access to physical and virtual resources and services that meet the educational, informational, and recreational needs of its diverse community in a safe and comfortable environment.”

The four goals are:

1.      Engage diverse populations with specific library programs and services.

2.      Provide multifaceted resources and assistance for all ages to continue learning throughout their lives.

3.      Act as a central source for information about and support of the wide variety of programs, services, and activities available to Batavia residents.

4.      Provide ongoing economic stability for the library.

In addition, Wyrwa announced that, in 2014, the library will celebrate being open for 125 years. Plans are being made now to commemorate that event.

Financial Summary Report

Business Administrator Scott Rozanski reported on the November 2012 revenue and expenses for the district, reviewing them in comparison to the November 2011 figures.  

Overall, the recorded revenues in the year-to-year comparison were fairly consistent, with an increase of $467,000 or slightly less than 2 percent. The most significant increases were recorded in Real Property Tax Levy and in state and federal aid. Real Property Tax Levy, which is counted as revenue when levied rather than when actually received, showed an increase of $355,000. State and federal aid showed an increase of $311,000, largely due to the state making its customary TRS (Teacher Retirement System) payments which the district is obliged to record as income.

Decreases in the “miscellaneous” category of $153,000 were largely due to BOCES refunds for both unused billed expenses as well as an increase in their state aid. In addition, the Non-property Tax Items category (utility tax) was down slightly more than $86,000. The utility tax, as has often been reported, experiences regular fluctuations and has been trending lower than last year.

Expenses were up by approximately $93,000 or slightly less than 1 percent, which was less than expected and primarily due to timing of payments in transportation.

Notre Dame used a 13-2 second-quarter run to edge past Alexander in the first round of the Batavia Rotary Tournament at Genesee Community College, 57-43.

Neither team appeared to have an edge early on, with the score being tied after the first quarter. The Fighting Irish started the second quarter with a bang, outscoring the Trojans 18-6 in the frame. The run was keyed by three point field goals made by Shea Norton and Emma Francis, and the Irish ratcheted up their defense.

“After the first we tried to change up defenses,” said Notre Dame Head Coach Dave Pero. “We went back to basics and got us back to where we could get into the lead.

Notre Dame’s defense suffocated Alexander all night, coming away with 13 steals and holding leading scorer Sarah Loranty to six points on 2-of-12 shooting for the game. The Trojans also failed to connect from beyond the arc, missing on all seven attempts.

The Irish offensive attack was balanced all night long, getting 11 points apiece from Melanie Taylor and Shea Norton, while Riley Norton chipped in with 10. Pero’s squad also got seven points each from Francis, Laurie Call and Maddie Mancuso.

“You can’t score if you don’t shoot,” Pero said. “We always tell our players to shoot the ball if you’re open.”

Taylor continued her solid start to the season with another superb all-around game, collecting seven rebounds and six assists to go with her 11 points. Shea Norton added 12 rebounds to go along with her 11 points and Mancuso chipped in with six rebounds off the bench for the Irish (8-1).

Despite being held in-check for most of the night on the offensive end, Loranty did dominate the boards, bringing down 17 rebounds in the loss. Maria Dominick scored a game-high 13 points and grabbed five rebounds for Alexander (7-2), which lost two straight after winning their first seven.

Notre Dame will go on to face Batavia in the finals on Thursday night after the Blue Devils overcame a 30-19 halftime deficit to defeat Perry, 57-48.

The Blue Devils managed to cut the lead to five heading in to the fourth quarter and were able to outlast the Yellowjackets and hand them their first loss of the season.

Batavia got gigantic performances from two freshmen, Madison McCulley, who scored a game-high 15 points and dished out 10 assists while Tiara Filbert chipped in 14 points and grabbed 14 rebounds for the Blue Devils (8-3), who has defeated Perry in the Rotary Tournament for the second straight season. The Yellowjackets fell 44-41 in the finals a year ago.

Perry (7-1) got 13 points from Ashley Miller and will play Alexander in the consolation game at 6 p.m. on Thursday night at GCC. The finals between Batavia and Notre Dame are scheduled to tip-off at 7:30. 

To purchase photos, click on the link in the slide show that says "purchase photos."

All photos by Howard Owens.

Steven Leo Decker, 62, of Francis Road, Bethany, is charged with criminal mischief, 4th. Decker is accused of breaking out the windows of a victim's vehicle with a sledgehammer. The incident was reported at 7:53 p.m., Tuesday.

Chad M. Johnston, 26, of 111 Liberty St., Batavia, is charged with harassment, 2nd. Johnston is accused of punching another person in the head at 5:15 p.m., Tuesday.

Douglas G. Bryant Jr., 41, of 1 Florence Ave., Batavia, is charged with harassment, 2nd. Bryant is accused of threatening another person and spitting on that person and throwing food at that person. Bryant was jailed on $500 bail.

Sean P. Case, 25, 47 of Washington Ave., Batavia, is charged with assault, 2nd, and assault, 3rd. Case is accused of punching a person in the face and breaking his nose during an incident at 6:50 a.m., Jan. 1, at a residence on South Main Street, Batavia. He is accused of injuring another person who attempted to intervene. Case, arrested Tuesday, was jailed without bail pending his next court appearance.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with sexual misconduct. Perry is accused of having sex with a 16-year-old girl.

Michael Steven Bennett, 31, of Columbus Avenue, Mt. Morris, was arrested on a bench warrant for alleged failure to pay fine. Bennett is being held on an unrelated matter in the Livingston County Jail. He was released to the custody of the Sheriff's Office for arraignment in Genesee County Court and then returned to Livingston County.

A wind advisory kicks in at 10 a.m. with gusts up to 45 mph expected.

Sustained winds of 20 to 30 mph from the southwest are expected, according to the National Weather Service.

The advisory is in effect until 5 p.m.

City firefighters were called at about 9:08 p.m. to 405 Garden Drive after a caller reported a loud noise followed by smoke in the familty room. It was thought to be a possible electircal fire. Upon arrival, firefighters found a small fire, extinguished it and ventilated the house. A city code enforcement officer was contacted and it is estimated that he will arrive on scene in the next 20 to 30 minutes.

The time might be right for a third party to try to make a difference in Genesee County politics, the way Phil Ricci sees it, so he along with a small group of like-minded residents are working getting the Libertarian Party established locally.

The process involves signing up members for the committee, holding a convention and finding a candidate or two to run for local offices.

"I think this has been coming for a long time," Ricci said. "There's a growing interest in the breakdown of the two-party system. People see either Republican or Democrat and they just don't fit in. I think what the ideology of Libertarian stands for is vastly misunderstood. More people have what I believe are libertarian beliefs and are looking for viable options to the two-party system. They want less intrusive government and people in government who are responsible financial stewards."

Rather than trying get candidates elected to national and state offices, Ricci thinks any viable third-party effort needs to start at the local level where it's easier to build an organization.

And localism fits well with the basic Libertarian tenant of less intrusive government.

"Here's the big thing -- I'm tired of people far away telling people here, where we live, what's best for us," said Ricci, who ran for Batavia City Council in 2009 and is currently a member of the Batavia City School District Board of Education.

"We control were we live, and we do that as an individual, so why does our government, which has no real local connection, even think about telling us what we should do for our local community? We need local ideas, local vision, to fix local issues."

At a minimum, Ricci would like to have Genesee County Libertarians well enough organized by late summer to run at least one candidate for city council, perhaps a candidate or two in village or town elections and maybe the county legislature.

"Our first goal is to allow people who support individual liberty to have a viable choice at the local level," Ricci said.

On Facebook: The Genesee County Libertarian Committee.

It seemed to be a beautiful day for snow clean up, though I'm sure city crews would even do it on a bitterly cold, overcast day.

Driving down Evans Street this morning I spotted crews making mountains of snow behind the ice arena and decided to stop for pictures. A worker told me they were clearing snow today from city parking lots, so I followed one of the trucks over to the parking lot off Jefferson Avenue.

Press release:

The Genesee County Economic Development Center (GCEDC) announced today that Genesee County has been approved as a Foreign-Trade Zone (FTZ), the first FTZ in the Finger Lakes Region since a similar zone was created in Monroe County in 1987. An FTZ is a site within the United States designated by the U.S. Department of Commerce where foreign and domestic merchandise is considered to be in international commerce.

“This is a historic day for economic development in Genesee County and a critical component of our broader efforts to sustain job creation and investment in our region,” said Steve Hyde, president and CEO of GCEDC. “The approval of this application for FTZ status will help spur economic growth and foreign investment by incentivizing businesses with customs duty savings and other tax advantages, as well as increased flexibility in the handling of domestic and imported merchandise.”

The application designates two Genesee County industrial parks – Apple Tree Acres and the Genesee Valley Agri-Business Park – as magnet sites, which allows businesses looking to develop at these sites a fast-tracked application process. Other magnet sites can be added later.

Because an FTZ is considered to be “outside” the customs territory of the United States, foreign or domestic merchandise may enter without a formal customs entry, or the payment of customs duties or government excise taxes. When a final product is exported from an FTZ, no U.S. Customs duty or excise tax is levied. If the final product is imported from the FTZ into the United States, customs duty and excise taxes are due only at the time of formal entry into the United States. The duty paid is the lower of that applicable to the product itself or its component parts.

Genesee County’s application, submitted by the Genesee Gateway Local Development Corporation (GGLDC), establishes an FTZ under the program’s Alternative Site Framework (ASF). This framework provides Genesee County’s FTZ greater flexibility as a broad geographic area, as opposed to traditional FTZs, which were building/site-specific.

There are a total of only 14 FTZs currently approved in New York State, four of which are located in or near New York City.

Attorneys for the estate of James T. Hackemer and Darien Lake Theme Park have reached a settlement in the wrongful death lawsuit filed by Hackemer's family, according to the Buffalo News.

The decorated and disabled Iraq War veteran died at the theme park in July 2011 when he was ejected from the Ride of Steel while on an outing with his family.

The Buffalo News reports that as part of the settlement, Darien Lake does not admit liability but will provide Hackemer's daughters, both under age 10, an annuity with a total value that exceeds $1 million.

“Darien Lake and its management are relieved to settle this case,” said Hugh M. Russ III, a lawyer for the amusement park. “And while they admit no liability, they did feel obligated to help care for Mr. Hackemer’s two children.”

The exact amount of the settlement is confidential under terms of the agreement.

Thomas Harold Hofer, 51, of South Pearl Street, Oakfield, is charged with coercion, 1st, two counts of criminal mischief, 4th, criminal obstruction of breathing or blood circulation and trespass. The charges against Hofer stem from an alleged domestic dispute with his girlfriend at 9:43 p.m., Sunday, in the Town of Batavia. Hofer was jailed on $5,000 bail.

John Everett Pfalzer, 48, of Sumner Road, Darien, is charged with harassment, 2nd. Pfalzer is accused of striking the hand of another person. The alleged incident was reported at 10:40 a.m., Monday.

Deborah A. Schramm, 32, of Lewis Place, Batavia, was arrested on a bench warrant for alleged failure to appear on an attempted petit larceny charge.

Washington Post: Chuck Hagel nomination creates rare partisan fight over Pentagon post

I'm excited to announce this this morning: Join The Batavian Club and receive two free tickets to a Batavia Muckdogs home game in 2013.

That's right, each member of the club will receive a voucher redeemable for two general admission tickets to any home game (July 3, excluded).

Also, we're up to $270 in gift certificate value for members redeemable at 26 different local businesses.

Join The Batavian Club and SAVE: Currently, members will receive $270 in gift certificates to local businesses -- far more value than the cost of the membership! (more info below).

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form. Or call (585) 250-4118 to pay by credit card.

Annual membership, one payment of $60
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual household membership, one payment of $120
Includes two membership cards, bumper sticker, one package of gift certificates to local businesses.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker, package of gift certificates to local businesses.

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

Le Roy Fire Department is being dispatched to 78 Lake St. for a possible electrical fire in a second-floor apartment.

A Le Roy police officer is on scene with the building's owner who reports a circuit breaker has been tripped and there is an odor of burning plastic, but no smoke.

Bergen fire is requested to the scene non-emergency.

UPDATE 10:58 p.m.: Bergen can go back in service. Le Roy responding non-emergency.

UPDATE 11:05 p.m.: Negative results from thermal imaging cams. Some Le Roy units going back in service.

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Press release:

On his first full week on the job, Congressman Chris Collins (NY-27) met with approximately 40 local farmers this afternoon to talk about what they want to see as part of a new farm bill. Congress is set to debate a new five-year farm bill over the coming months. As a member of the Agriculture Committee, Collins has made it a top priority to work with his colleagues to pass a new farm bill as soon as possible. The current legislation expired and Congress passed a short-term extension at the end of 2012.

“America’s farmers need their federal government to act and pass a comprehensive, long-term farm bill,” Collins said. “Congress must come together to give our agricultural community the support and long-term stability it needs.”

Held in Batavia, today’s meeting participants included dairy and crop farmers from the various counties that make-up New York’s 27th Congressional District. Dean Norton, president of the New York Farm Bureau, also participated. Today’s informal meeting gave Collins an opportunity to hear directly from local farmers in advance of his first Agriculture Committee meeting in Washington. In the near future, Collins’ office will establish a formal Agriculture Advisory Committee.

A new farm bill would establish farm commodity, conservation, trade and nutritional programs for the next five-year period.

“Hardworking farmers cannot be left in limbo while Washington partisans remain deadlocked on the major issues of the day,” Collins said. “A new farm bill is too important to agricultural interests not only in our own community, but all across this country. We all rely on the hard work of America’s farmers and now the federal government needs to do its job.”