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Le Roy company, workers donate to wounded veterans

By Raymond Coniglio

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Employees at Orcon Industries in Le Roy have decided to donate their first year-end bonus in several years, to an organization that provides all-terrain wheelchairs for wounded veterans. Company management matched the gift, allowing for the purchase of two wheelchairs.

America’s wounded veterans sacrificed to protect our freedom.

This holiday season, employees and management at a Le Roy manufacturer made a sacrifice of their own — to help some of those same veterans better enjoy their freedom.

Workers at Orcon Industries have agreed to donate a portion of their year-end bonus pool, to the Independence Fund. The North Carolina-based nonprofit provides all-terrain wheelchairs and other services to disabled veterans.

The donation amounts to $15,000 — the cost of just one of the rugged “track chairs.”

In light of the employee decision, the management at Orcon — which makes industrial packaging at its facility on Lake Street Road — matched the gift.

“We thought we’d give our employees the opportunity to participate in something that’s pretty meaningful,” said Bruce Olson, the company president and CEO. “Something that they probably wouldn’t have been able to participate in, without us at least being the conduit.”

The key word, is “conduit.” Olson said he is a proud patriot and cares deeply for veterans' issues. But he gave all the credit to the employees.

The Independence Fund was established in 2007 to provide resources and therapies to veterans with service-connected disabilities.

Many veterans had enjoyed hunting, fishing and other outdoor activities before they were wounded. The Independence Fund’s Mobility Program allows them to get back outdoors using a variety of devices, including all-terrain wheelchairs and adaptive bicycles.

“The great thing with the Fund, is that 100 percent of the proceeds go to the soldiers,” said Michael Olson, Bruce’s son and Orcon’s general manager. “There is no administrative cost.”

Proceeds are not spent on publicity, either. In consequence, the Independence Fund is not very well-known.

It does however have a high-profile champion: political commentator Bill O’Reilly. He has not only featured the organization on his Fox News program, “The O’Reilly Factor,” but has helped it provide 1,400 wheelchairs to veterans.

That is how the Olsons first heard of the Independence Fund.

“Michael and I were talking, and we started looking at the year we had last year, which was probably the best year in the history of the company,” Bruce Olson said.

“In the past, we’ve always shared our success with our employees,” he continued. “So we were looking at what we had for a bonus pool this year to give back to the folks and it was, for us, pretty significant.”

They talked it over with partner Rick Flanagan, vice president for package design and engineering. Together, they decided to ask Orcon’s 60 employees if they would contribute to the Independence Fund. 

It was a big question. This was the first bonus pool the company has been able to offer in years.

At a company meeting this past Friday, employees watched an “O’Reilly Factor” segment on the Independence Fund. Then they were asked if they would donate.

“The room just exploded in applause,” Bruce Olson said. “The response was overwhelming — tears, hugs, thank-yous.”

There weren’t many dry eyes, he said.

Certainly not his own. 

“I’m a really emotional jerk,” he said. “So I lose it — I mean, I literally can’t finish the rest of the story. Michael finally got the message that he had to bail me out.”

The rest of the story was this: The company would match the gift.

“And they went nuts again,” he said.

Olson contacted the Independence Fund on Saturday to let them know Orcon would be making a donation. The Independence Fund, in turn, shared the news with O’Reilly.

And so during his broadcast on Wednesday, O’Reilly took a moment to thank Orcon.

Bruce Olson appreciates the attention. But he hopes any publicity generated by his company’s gift will help spread word about the Independence Fund and the work it does.

The story could have a sequel. Michael Olson said employees are already talking about ways to raise funds to make another contribution next year.

For more information about the Independence Fund, visit www.independencefund.org

To view “The O’Reilly Factor” segment on the Independence Fund, visit https://www.youtube.com/watch?v=onZmuZSl82w

CORRECTED: Town of Alabama officials trying to figure out how to handle proposal from wind company

By Howard B. Owens

UPDATE 8:05 p.m.: This story has been corrected to include the right address of the property to be leased from landowner Sam Scarborough, and to reflect the proper per-foot incentive price for the proposed met tower.

A Houston-based energy company would like to figure out if there's enough wind blowing through Alabama to justify building windmills around farmland, so the company is proposing erecting a temporary, 311-foot meteorological tower.

While the town has zoning code that covers wind towers and communications towers, there's no code covering meteorological, or "met," towers.

The ambiguity has delayed a decision by the town board on whether to grant a variance, through what is known as an Incentive Zoning Application, for the tower.  

An incentive application involves the company paying an annual fee for the ability to vary from the zoning law.

In this case, EDP Renewables North America, operating as Alabama Ledge Wind Farm, LLC, already agreed to pay a $5-per-foot incentive to construct a tower that exceeds the allowable height.

Over five years, that payment comes to about $18,000.

Town officials think the tower, which will be on land leased from a local farmer, Sam Scarborough, on Gorton Road, should be at least 1,000 feet from Gorton Road.

The current proposed location is 668 feet from Gorton Road.

Using a calculation pulled from the communication tower provisions of the law for setback (the distance from the road), the town is proposing an additional incentive fee of $20 per foot.

That would drive up the five-year cost of incentives to nearly $50,000.

Jim Muscato, attorney for EDP, thinks that fee is unreasonable and excessive.

"The purpose of incentives on a project is to look at what incentives are necessary to allow the project to go forward and come up with a reasonable accommodation for the impacts associated with the project," Muscato said. "What we're talking about here is a met tower where the associated impacts are fairly modest."

While Muscato believes the 1,000-foot setback, as opposed to a setback that doubles the height of the tower, or 622 feet, is excessive, he said his company is willing to go along with that setback definition if the incentive fee is reasonable. He would like the board to propose a reasonable incentive fee.

Town Board Member Kevin Fisher suggested that $20 might be reasonable, but he doesn't have an enough information to know at this point. He doesn't know what the market price might be, and he doesn't know how much of an impact the tower might have on town residents. He hasn't heard from constituents enough to know.

"I don’t think it’s fair to us to say, 'You guys should accept it because you don't have met tower regulations or zoning laws,' " Fisher said. "We didn’t have any reason for any of this stuff until you walked in the door."

Ronald Gilbert, planning board chairman, was in the audience and he reminded the board that some years ago, EDP, operating then as Horizon Energy, proposed a wind farm in Alabama, which is how the current zoning code came to be written, and it was Horizon officials who said then no zoning code covering met towers was necessary because a met tower wouldn't be part of the wind farm.

Town Attorney Mark Boylan said the conversation made him a little uncomfortable because the town is looking at establishing a requirement for incentives based on two sections of zoning code that do not deal directly with met towers. That introduces an element of an arbitrary decision.

When he hears the other attorney, he said, using words such as arbitrary and reasonable and unreasonable and he's offering a compromise, then, Boylan, said he's concerned about the potential for litigation if the applicant finds the board's decision unacceptable.

Muscato said he doesn't mean to imply his client is contemplating litigation, but then added, "I think what a court is going to assess is that a $50,000 payment over five years of a permit is either not calculable or reasonable or whether it is considered arbitrary. Even if we can't get past the thousand feet or two times the height, we're willing to talk about a more reasonable calculation that would be reasonable for what an incentive payment for a setback would be."

The town board tabled the zoning incentive application so more research can be done and they can put more thought into the request. It will be taken up again at the January meeting.

Only two residents turned out for the public hearing portion of the meeting, David Bencic and Randy Chalmers.

Bencic delivered a page-and-a-half statement that raised questions and concerns about any future wind farm in the area. Many of his questions were answered in the course of his presentation.

Chalmers' statement was much shorter.

"I'm really kind of against them (wind turbines), if you want to know my opinion," Chalmers said. "That's all I've got to say."

New home, staff for Le Roy Medical Associates

By Raymond Coniglio

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Drs. Andrea Kudel, left, and Kelly Rose Nichols are on staff and accepting new patients at Le Roy Medical Associates. The primary care practice opens today at its new location at 127 W. Main St., Le Roy.

When it was time to recruit doctors for its primary care practice in Le Roy, the University of Rochester Medical Center didn’t have to look far.

Kelly Rose Nichols, D.O., grew up in Le Roy as a member of the Stein farming family. She went to medical school in Philadelphia, but never felt comfortable in a big city.

“I grew up on a farm,” Nichols said. “I couldn’t figure out how to lock and unlock the house!

“It was about six weeks before the novelty of being able to walk everyplace wore off. I said, ‘This isn’t for me, I need to go home.’ ”

Now, she and Andrea Kudel, D.O., have joined longtime practitioner Vladimir Gaspar, M.D., in a relocated and much-expanded Le Roy Medical Associates.

The practice was formerly located on Lake Street Road. It reopens today in its new location in Le Roy Village Plaza at 127 W. Main St.

Hometown medical practice is familiar territory for Nichols, who picked her profession early in life.

“When I was 3, I had the Fisher-Price doctor kit,” she said. “I literally had no other career plan.”

When she was in high school, Nichols thought she should get some hands-on experience. As it happens, she worked for Dr. Lorne Campbell, whose Genesee Family Practice at 8745 Lake Street Road eventually became Le Roy Medical Associates.

“I would come in after school, file charts, and invite myself to exciting stuff that Dr. Campbell was doing,” Nichols said.

Nichols went on to earn a bachelor’s degree in Biology at the University of Rochester, and then her doctor of Osteopathic Medicine degree from the Philadelphia College of Osteopathic Medicine.

Kudel, meanwhile, was following a similar career path.

She grew up in Williamsville, and had decided on a medical career by second grade. (“I commit to things, and that’s it,” she said.) She earned a bachelor’s degree in Biomedical Sciences from the nearby University at Buffalo, then a doctor of Osteopathic Medicine degree from the New York College of Osteopathic Medicine in Nassau County, Long Island.

Their paths crossed during their residencies in family medicine at Sisters of Charity Hospital in Buffalo, where Kudel was chief resident.

They also formed a friendship. So earlier this year when URMC was recruiting a doctor to practice Le Roy — well, Nichols happened to know a great candidate in Buffalo.

Le Roy is a small town, but it’s minutes away from URMC and everything else Rochester offers. Kudel calls family practice here, “the best of both worlds.”

“I like getting to know people better,” said Kudel, 30, who lives with her husband in the Town of Sweden. “You know where they’re coming from; you get to understand them in a more comprehensive way.”

Nichols, 30, lives in the Village of Le Roy with her husband, Ben Nichols, and their two daughters.

“This is truly family practice,” Nichols said. “And you feel like you’re more a part of the community.”

The Le Roy primary care practice was formerly part of Lakeside Health System of Brockport. It was one of the properties sold after Lakeside closed in 2013, and renamed URMC’s Strong West.

Its growth reflects URMC’s commitment to to the region, said Dr. Wally Johnson, who directs UR Medicine Primary Care.

“These are appealing places to work, and it’s where the need is,” he said.

Johnson said Batavia has a “thriving” hospital in United Memorial Medical Center, which just this summer completed an affiliation with Rochester General Health System.

“But we know there are people in the area who want to have University of Rochester doctors as their primary care practitioners,” Johnson said. “So we think it makes very good business sense to expand our presence in the area.”

Down the road, UR may recruit another physician assistant or nurse practitioner as required in Le Roy, Johnson said.

Both Nichols and Kudel are happy with the new location, which is on one floor — and thus more handicap-accessible — and at least three times bigger than the Lake Street Road site. A new medical laboratory is on site, too.

Nichols said Dr. Gaspar has always focused on customer service. But additional exam rooms will accommodate more patients, and cut down on wait times.

“This is going to be a nice change,” Nichols said.

Le Roy Medical Associates is planning an open house for 5 to 7 p.m. Jan. 20. Meanwhile, both Nichols and Kudel are accepting new patients. For information call (585) 768-2620.

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Le Roy ZBA hearing on Frostridge scheduled for Dec. 17

By Raymond Coniglio

The joint Le Roy Zoning Board of Appeals will meet on Dec. 17 to conduct a public hearing on live music concerts at Frostridge Campground.

The hearing would take place a day before the deadline set last week by Interim Supreme Court Judge Mark Grisanti.

According to the public notice, Frostridge seeks an interpretation of two sections of town Zoning Code — sections 165-13 and 165-39(B) — “as they pertain to the property, particularly whether camping and attendant recreational activities, including live and recorded amplified music/concerts and limited food service are a prior non-conforming use.”

Section 165-13 establishes the legality of the prior, nonconforming use of buildings and lots. Section 165-39(B) relates to campsites: “All existing campsites of record shall be exempt from (Zoning Code), except that they shall comply with this section whenever they are sold or any addition, expansion or alteration of the use or operation is proposed.”

David and Greg Luetticke-Archbell purchased Frostridge Campground in 2008 and began having outdoor concerts in 2012. The town ZBA determined in 2013 that the concerts were a prior, nonconforming use, and thus legal under town zoning law.

Neighbors of the campsite and the Town of Le Roy both filed lawsuits alleging violations of zoning law.

This past April, Supreme Court Justice Robert C. Noonan invalidated the ZBA’s 2013 decision because the board failed to issue a proper public notice. He ordered the ZBA to schedule a new public hearing.

That hearing never took place. In November, the Town Board voted to withdraw from the intermunicipal agreement with the Village of Le Roy that established a joint ZBA and set a Dec. 10 public hearing on a law to establish a new, town-only zoning board.

The matter returned to Supreme Court where, last week, Grisanti ordered the town to cancel its Dec. 10 public hearing. He also ordered the existing ZBA to conduct a hearing on Frostridge by Dec. 18.

The ZBA hearing is scheduled for 7:30 p.m. Dec. 17 at Le Roy Town Hall, 48 Main St.

Five projects in Genesee County on list for economic development aid

By Howard B. Owens

Five projects in Genesee County are receiving more than $2.1 million in state aid, the Finger Lakes Regional Economic Development Council announced.

The aid is part of $500 million awarded to the council by the Governor's Office.

From the announcement:

Buildout of major sites in Genesee County, including: $1,500,000 to the Town of Alabama to help build water infrastructure to serve the STAMP site; $920,000 total for the Genesee Valley Agri-Business Park in Batavia and the Le Roy Food and Technology Park; $750,000 for the soon-to-be built Genesee Biogas facility at the Batavia Agri-Business Park; and $500,000 to revitalize the Newberry Building in Downtown Batavia.

From the announcement:

The Finger Lakes Regional Economic Development Council (FLREDC) was named an Upstate Revitalization Initiative (URI) Best Plan Awardee for its new strategic plan, entitled “United for Success: Finger Lakes Forward.” This means the region will receive $500 million over five years, in addition to economic development funds announced through Round V of Governor Andrew M. Cuomo’s Regional Economic Development Council competition. In total, more than $2 billion in economic development resources was awarded statewide through the Upstate Revitalization Initiative and REDC competition.

“We are proud that Governor Cuomo and New York State have singled out the Finger Lakes Regional Economic Development Council as a ‘best plan awardee’ and that we will receive half a billion dollars to move the region forward,” stated Joel Seligman and Danny Wegman, co-chairs of the Finger Lakes Regional Economic Development Council. “This is recognition that Governor Cuomo believes in the Finger Lakes and is giving our region the attention it deserves. With this infusion of funding in our pockets, we are united for success and ready to move our communities forward.”

The Finger Lakes Region’s URI plan consists of three industry clusters, or pillars, that will act as the core drivers of job and output growth: optics, photonics and imaging; agriculture and food production; and next generation manufacturing and technology. 

Quaker Muller closing, but new dairy processing operation expected to open in plant soon

By Howard B. Owens

It's a tough time of the year for people to lose jobs, said Steve Hyde, CEO of the Genesee Economic Development Center, but there is a silver lining on the dark clouds hanging over the Quaker Muller Dairy Plant.

A large dairy processing organization is close to closing a deal to purchase 320,000-square-foot plant, which cost PepsiCo and Muller Group an estimated $200 million to build. 

"We expect it won't take long and they will employ lots of folks," Hyde said. "Probably more than Muller Quaker and it will be good for Western New York dairy farmers."

While details of the plant closing are not available, some sources indicate it won't close immediately, even so, right before Christmas is a hard time to hear you might be out of a job soon, Hyde acknowledged.

"It is a sad day, especially this time of year, and we're all very sad about it, but there is a silver lining," Hyde said.

The GCEDC is already working with the Job Bureau to find suitable replacement jobs for Muller Quaker employees, along with job search assistance and transition training, Hyde said. There may be a job fair to assist workers. Hyde noted there are a lot of local job openings right now.

While Pepsi and Muller made a substantial investment in the plant, they did so with the backing of the state and the local IDA. The state promised Pepsi/Muller some $14 million in tax credits, but those tax credits were contingent on meeting specific job creation goals.

Quaker Muller never went beyond its Phase I goals, which was a bit less than 200 jobs, Hyde said, so the company received "only a fraction" of the anticipated tax credits though Hyde did not have the exact amount of tax credits awarded immediately available.

The project was also eligible for $11 million in tax abatements related to the improvement of the former farm field, mostly in the form of a Payment in Lieu of Taxes on the increase in assessed value. Such tax abatements are not a direct subsidy but are only realized if the project is built and the property tax assessment goes up. The next owner, assuming there is one, will inherit the PILOT.

There were also federal grants that have gone into the creation of Genesee Valley Agri-Business Park that did not directly benefit Quaker Muller, but provided infrastructure, such as sewer and roads, to make the plant construction possible.

Hyde said it's impossible to say, at this point, when this dairy processing organization might complete its acquisition of the plant, but he is optimistic the deal will go through. 

UPDATE 6:15 p.m.: Empire State Development has issued the following statement: “Empire State Development will be working with the new plant owner, DFA (Dairy Farmers of America), to restart operations soon.”

UPDATE 6:20 p.m.: Assemblyman Steve Hawley said he was briefed on the plant closing last night and only recently learned of DFA's purchase plans. He's hoping DFA will rehire the displaced Muller workers. "I'm not sure what the future holds, but we're moving forward and I hope this shutdown is short term." 

UPDATE: Statement from DFA: "DFA has agreed to acquire the Muller-Quaker Dairy Plant in Batavia, NY. The acquisition is a strategic one for DFA as it is in an important milkshed for us. This facility creates multiple potential milk handling and dairy manufacturing opportunities. We are currently exploring these."

Previously: Developing: Muller Quaker plant reportedly closing

Developing: Muller Quaker plant reportedly closing

By Howard B. Owens

Muller Quaker Dairy apparently announced the closing of its Batavia yogurt plant today.  We have not been able to confirm that announcement with the spokeswomen for Muller Quaker.

GCEDC issued this statement a few minutes ago.

“While we are extremely disappointed about today’s announcement by Mueller Quaker Dairy, we are optimistic that the state-of-the-art manufacturing facility will continue to play a key role in the agricultural sector in our region, including remaining a major employer.

“The Genesee Agri-Business Park where the facility is located is a community asset and it continues our strategy of building and marketing sites targeting industry clusters. 

“Regardless of this announcement, we will continue to enhance the infrastructure at the Ag-Park in our efforts to bring new jobs and investment to Genesee County in the agricultural sector.

“Our immediate focus in the meantime is to do everything we can to assist the impacted employees.”

Settler's scores big with new mac and cheese dishes

By Howard B. Owens

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What started out as a daily special has become a daily staple at Settler's Restaurant -- Mac and Cheese.

"We'd see it around other places and thought we would give it a try," said John Spyropoulos. "People love mac and cheese these days. It's kind of a fad. We tried it and people loved it."

The eight-item special mac and cheese menu will be incorporated into the restaurant's regular menu next month, Spyropoulos said. 

"We're already known for our homemade soups and our Greek salads, so if this becomes one more thing we're known for, that's good," Spyropoulos said.

The choices on the menu are:

  • Homemade Mac and Cheese
  • Buffalo Chicken Mac and Cheese
  • Philly Steak Mac and Cheese
  • Tomato and Bacon Mac and Cheese
  • All-American Mac and Cheese
  • Broccoli Mac and Cheese
  • Hot Dog Mac and Cheese
  • Stinger Mac and Cheese

Settler's regulars might detect a theme to the menu -- the options match many of the recipes on the restaurant's sandwich menu.

John's wife, Miranda, created the cheese sauce (milk, cheddar and American cheese, white pepper and garlic powder), but what really tops off the huge bowl of elbow noodles is the Ritz-cracker crumb topping.

"Now we have to make cheese sauce all the time," Miranda said. "We’re going through gallons and gallons of milk and butter."

Local farms have new way to sell meat directly to consumers: MeatSuite.com

By Billie Owens

Press release:

Cornell Cooperative Extension of Genesee County is pleased to announce that MeatSuite.com, an online directory of livestock farms selling in bulk, has arrived in our county!

MeatSuite.com connects consumers interested in buying local meat with local farms selling meat in bulk, thus promoting farm viability and food affordability.

Cornell Cooperative Extension's research has found that selling meat directly to consumers by the whole, half, or quarter animal is more profitable for the farmer and more affordable for consumers. When purchased in bulk, local meat prices are competitive with meat sold in grocery stores.

Farms interested in joining can visit www.MeatSuite.com or contact their local Cornell Cooperative Extension office for more information.

Creating a MeatSuite farm profile is one way to reach new potential customers and expand your farm’s online presence. MeatSuite offers you an opportunity to explain to consumers why your farm is unique. While we cannot guarantee that MeatSuite will generate sales for you, we encourage you to take a few minutes to join. It’s easy, fast, and free. The more farms that join, the more consumers will see MeatSuite as a great shopping resource.

On Thursday, Dec. 17, at 7 p.m. there will be a Meat Suite Producer Informational Meeting held at the CCE Ontario County office -- contact: Marie Anselm, 585-394-3977, ext. 402. Nancy Glazier, NWNY Team Small Farms/Livestock Specialist, will provide an overview of MeatSuite, how to develop your farm’s pro-file, and meat cutout.

This meeting will be also broadcast live at two locations; Wyoming County CCE -- contact Sarah Carlson 585-786-2251, ext. 112; and Niagara County CCE -- contact Amanda Henning 716-433-8839, ext. 231 for more information.

MeatSuite.com went live in 2012 and originally served nine counties. The current expansion, made possible through a grant from the New York Farm Viability Institute, reaches 16 new counties, including Genesee County.

For more information contact Jan Beglinger at 585-343-3040 ext. 132 or at jmb374@cornell.edu

Cornell Cooperative Extension offers direct access to specialists and the latest ag info

By Billie Owens

Press release:

To help support our local agriculture industry and to provide producers with expert information, Genesee County Cornell Cooperative Extension offers its annual “Agriculture Enrollment.”

Farms enrolled in 2016 will receive direct access to the NWNY Dairy, Livestock and Field Crops Team and Cornell Vegetable Program specialists who work hard in our region to address the concerns of our producers.

The Cornell Vegetable Program (CVP) specialists work together with Cornell University faculty and extension educators statewide to address the issues that impact the industry. The CVP provides educational programs and information to growers, processors and agri-business professionals, arming them with the knowledge to profitably produce and market safe and healthful vegetable crops. This in turn contributes to the viability of farms and the economic well-being of New York State. Specifically, the CVP focuses on food safety, variety evaluation, market development, pest management and cultural practices.

The NWNY Dairy, Livestock and Field Crops Team specialists work together with Cornell University faculty and extension educators statewide to provide service to farms large and small, whether dairy, livestock, hay, corn, wheat or soybean focused. The team is part of the Cornell College of Agriculture & Life Sciences Pro-Dairy program outreach. Specialists cover the areas of dairy production, field crop production, farm business management, small farm management and livestock production. For dairy farms, a bilingual dairy specialist provides producers with employee training and human resource facilitation in Spanish.

Both teams serve Genesee County by providing educational programs with classroom and hands-on training, farmer discussion groups, newsletters with timely production information, telephone/email consultations, direct mailings of special events, as well as farm visits and research opportunities. Enrollees are eligible for reduced registration fees for educational meetings.

Cost of enrollment is $65 per team. Cornell Pest Management Guidelines (hardcopy and online) are available for an additional cost. To receive an enrollment form please contact Jan Berlinger at 585-343-3040, ext. 132, or at jmb374@cornell.edu.

ACM Medical Laboratory, with patient service center in Batavia, joins HEALTHeLINK

By Billie Owens

Press release:

HEALTHeLINK today announced ACM Medical Laboratory, Inc., has joined Western New York’s clinical information exchange as a data source. Recent laboratory results from ACM’s patient service centers in Albion, Batavia, Cuba and Olean can now be securely accessed via HEALTHeLINK by more than 3,400 participating physicians. 

“By being able to view the most current clinical information, such as recent lab results, on the patients they are treating, physicians are able to provide more informed care,” said Dan Porreca, executive director, HEALTHeLINK. “In addition to being able to provide timely and effective treatment, physicians can also avoid duplicating lab tests which may have already been performed on their patients.”

Nearly 100 percent of laboratory results generated in Western New York hospitals and independent laboratory centers are currently available to participating physicians through HEALTHeLINK.

”We are pleased that our providers in the Western New York market can now access our results through HEALTHeLINK,” said Tom DePalma, national sales director, ACM Medical Laboratory. “The technical team at HEALTHeLINK provided excellent support in the development and validation process, essential for us to meet the needs of the healthcare community we serve.”           

ACM, an affiliate of Rochester Regional Health System, is a full-service clinical and pathology laboratory providing high-quality diagnostic testing services for physicians, hospitals, employers, and other health care providers and the patients they serve. For more information, visit acmlab.com.

Judge orders ZBA hearing on Frostridge by Dec. 18

By Howard B. Owens

The current Zoning Board of Appeals in Le Roy will conduct a hearing on an application by Frostridge Campground for live music concerts by Dec. 18, Interim Supreme Court Judge Mark Grisanti ruled this morning, and any further interference by the Town of Le Roy board will constitute contempt of court.

Almost as soon as the case was called and the five attorneys from the two opposing camps were standing at their tables, Grisanti expressed dismay that even though Judge Robert C. Noonan ordered such a hearing seven months ago it still hasn't taken place.

Reid Whiting, attorney for the Town of Le Roy, blamed Frostridge and the ZBA for the delay.

"Frostridge has been sitting on its hands for seven months and for some reason the ZBA did not give proper public notice," Whiting said.

David Roach, attorney for Frostridge, clearly couldn't believe what he was hearing.

The delay was certainly the fault of the town board, Roach said, first by firing the original ZBA attorney, throwing the process into confusion, then by rewriting the ZBA's public notice so that it no longer reflected the true nature of the hearing.

"We come here with clean hands," Roach said.

After months of delay, there was an election in November, and Supervisor Steve Barbeau retained his seat. At its first meeting after the election, the town board decided to end its inter-municipal agreement with the Village of Le Roy for a joint ZBA and scheduled a public hearing to disband the ZBA and appoint a new, town-only zoning board.

Grisanti ordered the town not to conduct that meeting as scheduled Dec. 10.

"I know what's going to happen (if they meet)," Grisanti said. "I can see the town putting up some other kind of roadblock."

Grisanti also ordered Jeff Steinbrenner, who is the code enforcement officer, but also ZBA's secretary, to help ensure the notice of the meeting is sent out properly.

In the notice originally drafted by the ZBA, the notice said the hearing would be about whether live music concerts constituted an allowable non-conforming use. Somebody with the town changed the language of the notice to say the hearing was about "permissible use," which after court today, Roach explained, are diametrically opposite issues.

Frostridge has always maintained that under the code as it exists, operating a concert venue is not a permissible use, which is why they are seeking a variance as a prior (meaning similar activity took place before the current zoning law was passed) non-conforming use.

The current ZBA previously determined the concerts were a prior non-conforming use, but Noonan ruled the meeting where that decision took place was conducted without proper public notice, which is why he ordered a new public meeting.

That failure of proper public notice is one reason the current board needs to be disbanded, Whiting argued in court. The board failed to do its job properly.

He argued, also, that the issue isn't whether the concerts are a prior non-conforming use, but whether they are permissible.

Roach countered that Whiting was getting into the merits of the issue, which is a matter for the ZBA to decide and not a subject of the motions being considered by Grisanti.

David and Greg Luetticke-Archbell have owned Frostridge since 2008 and began holding concerts in the campground's natural amphitheater in 2012. The campground has been known by various names since 1957 and was once a popular local skiing location. Prior owners, and before the current zoning law making the area Residential/Agriculture, reportedly had both live music and amplified recorded music.

More than a year ago, neighboring families, the Cleeres and Collins, both related to the original campground owners, filed a lawsuit in parallel with the Town of Le Roy alleging impermissible and uncorrected violations of the zoning laws, both in the composition of the campground and the series of live music concerts hosted there.

After the hearing, Roach said one issue Grisanti didn't get into that he wished had come out was the claim by the town that the town is facing budget constraints and the ZBA is running up costs by hiring outside counsel (James Wujcik represents the ZBA now).

“If you’ve got a budget problem, town, don’t sue my client," Roach said. "You already have the Cleeres suing my client for you. They filed a town law 268 action. They stepped into the shoes of the town to enforce the zoning code. The town, filing its own lawsuit, is merely redundant and it is a monumental waste of taxpayers’ money.”

For prior coverage, click here.

Ag Society announces plans for 177th Genesee County Fair

By Howard B. Owens

Press release:

The year 2016 marks the 177th anniversary of the Genesee County Fair! 

The Genesee County Agricultural Society is pleased to announce that the 2016 Genesee County Fair will be held on July 12th – 16th. Please note that the Fair dates have changed by one week to allow the Agricultural Society to secure a top of the line midway and entertainment. This date change will enable the Fair to continue to grow into the future. 

Preparations have already begun in the planning of the 177th Genesee County Fair. The Agricultural Society welcomes the return of Midway Rides of Utica as the midway ride provider for 2016. This year, once again, admission to the Fair is only $5 per carload. Several of the popular Grandstand events will be returning this year, including the Demolition Derby, ESP Tractor Pulls & Stock Car Racing. Other returning events include the Genesee County Fair Talent Show, The Grand Parade, a classic/antique auto & farm equipment show, small fry tractor pull, 4-H livestock auction, 4-H animal exhibits and the Fair Queen Pageant.

For a complete listing of events during fair week, visit  HYPERLINK "http://www.gcfair.com" gcfair.com 

These are just some of the events happening during the 177th fair. With your help, the Agricultural Society hopes to make 2016 a memorable year for the fair by adding new and exciting events. The board of directors would like to extend a personal invitation to become a volunteer, exhibitor or a sponsor of the fair. Volunteers are needed not only during fair week, but also the weeks before and the week after the fair. Many hands make light work!

Becoming an exhibitor or a sponsor of the fair is a great way to promote your business to thousands of fairgoers that live and work in Genesee County and visit the fair every year. If you are interested in volunteering, exhibiting or becoming a sponsor of the fair, go to  HYPERLINK "http://www.gcfair.com" gcfair.com to download all of the forms and for contact information.

The Agricultural Society would like to make the 177th fair special. In order for this to happen, your help is needed! The Genesee County Agricultural Society would like to thank everyone for their continued support of the Genesee County Fair over the years!

LG Hochul shops local in Batavia

By James Burns

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Lt. Gov. Kathy Hochul was in town today for a meeting with local business organizations. After her meeting, Tom Turnbull, president of the Genesee County Chamber of Commerce, and Laurie Oltramari, director of the Batavia Business Improvement District, took Hochul for a shopping trip on Main Street to support the campaign to “Shop Small."

First stop was Charles Men’s Shop.

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David Howe, the owner of Charles Men’s Shop, explained to Hochul that he was skeptical of “Shop Small” when he heard about it but it has been rather successful the last two years. An encouraging discussion about the strength of the town and local business ensued but was interrupted by Hochul because, like most who go into the Men’s shop, her eye was drawn to the tie rack. I will not divulge what happened after that because I do not want to ruin the surprise of William Hochul’s Christmas present.

Off to Adam Miller Toy and Bicycle. 

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Miller’s is another classic local business with unique items and something for everyone. Hochul asked store owner John Roche what the hot item was this year and the answer was the Yo-Yo, American made no less. 

Next stop was p.w. minor

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p.w. minor is a company on the move. Andrew Young, the president of p.w. minor, light ups when Hochul asks him how things are going. Apparently they are going well, very well. Young is delighted with the progress the shoe manufacturing business is making and says he's very happy with the local work force.

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Young explains to Hochul some of the technology in the athletic shoes that is unique to p.w. minor.

The last stop was Main Street Pizza. It's another small business success -- doubling in size, taking over the store next to it. Inside, the popular pizzeria is celebrated with pictures and wall murals mixing up the past and present. Owner Vic Marchese is pictured in his red apron.

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Raising your bull calves can add to your farm profitability

By Billie Owens

Press release:

If you are thinking about adding a new profitable enterprise to your dairy or beef operation, dairy beef production could be a natural fit. If you would like to learn more about raising dairy beef, Cornell Cooperative Extension and JBS meat packers will be hosting this meeting at the Cooperative Extension Education Center in Albion to discuss the production and marketing of dairy beef.

Cornell University Beef Cattle Specialist, Dr. Mike Baker will discuss the beef cattle cycle, and rations that can be used when raising dairy beef. Livestock Specialist, Capital Area Agriculture and Horticulture Program, Tom Gallagher, will discuss vaccination programs for dairy steers and dairy beef quality assurance. Vice President for Cattle Procurement at JBS, Larry Rose, from Greely, Colo., will give an overview of JBS, including a feedlot leased by JBS in Nicholville, marketing dairy beef and risk management in regard to raising beef.

Please register for one of these programs below by Dec. 2 to give us an accurate lunch count. There will be no charge to attend these educational events but your timely registration guarantees a lunch.

Dec. 7, 10 a.m. - 2 p.m.

Cornell Cooperative Extension Office Orleans County

12690 NY-31, Albion, NY 14411

Contact Cathy Wallace to register at 585-343-3040, ext. 138 or e-mailcfw6@cornell.edu

 

Dec. 8, 10 a.m. - 2 p.m.

Tally Ho Restaurant

14 Main St., Richfield Springs, NY 14411

Contact Cathy Wallace to register at 585-343-3040, ext. 138 or e-mailcfw6@cornell.edu.

Calf & Heifer Congress set for Dec. 15 and 16 in East Syracuse

By Billie Owens

Press release:

Calf & Heifer Congress 2015 – “Manage What Matters” will take place in East Syracuse on Tuesday and Wednesday, Dec. 15-16, at the Doubletree Hotel. This exciting program will cover topics pertinent to replacement heifer management from birth to calving, and is once again planned and coordinated by Cornell Cooperative Extension’s Northwest New York Dairy, Livestock and Field Crops Team.

An excellent slate of speakers and outstanding dairy producers will deliver practical information of interest to dairy producers, industry, extension personnel and college staff alike. Numerous supporters to this two day conference will be on hand with displays and representatives to visit with attendees about ways to achieve superior results in the heifer enterprise.

Several standout speakers this year include Dr. Sheila McGuirk of the University of Wisconsin and Dr. Franklyn Garry of Colorado State University, who will discuss the impacts of dystocia, health risk assessment and strategies for disease control. In addition, Dr. Mike Van Amburgh of Cornell University and Dr. Bob Corbett of Dairy Health Consultation will delve into the research, biology and field experiences of providing consistent, superior management from birth to calving.

For more conference information including the complete agenda, cost, lodging, meals and registration details go to http://nwnyteam.cce.cornell.edu/event.php?id=287. You may register with a credit card on-line or print off a form to fill out and mail in with payment by check.

Accommodations for persons with special needs may be requested by contacting Cathy Wallace at 585-343-3040, ext.138 or cfw6@cornell.edu by Dec. 5.

Public meeting to be held for USDA's Natural Resources Conservation Service local work group

By Billie Owens

Press release:

The United States Department of Agriculture (USDA) - Natural Resources Conservation Service (NRCS) gives notice that it will hold the annual NRCS Local Work Group meeting for Genesee, Orleans and Niagara counties. These meetings are open to the public.

WHEN: Dec. 14
TIME: 2 - 4 p.m.

WHERE: USDA Service Center, Conference Room

                 29 Liberty St., Suite 3

                Batavia, NY 14020

The Local Work Group will focus on identifying agricultural and natural resource issues existing in your community and providing information and feedback to direct NRCS programs. Participants can be agricultural producers; owners of nonindustrial private forest land; representatives of agricultural and environmental organizations; and representatives of governmental agencies carrying out environmental, agricultural, or natural resource conservation programs and activities.

NRCS Local Work Groups are subcommittees of the NRCS State Technical Committee and they meet annually to provide recommendations on local natural resource priorities to assist USDA NRCS in providing Farm Bill program conservation programs in New York. For information about the State Technical Committee, contact Assistant State Conservationist for Programs, Tammy Willis at 315-477-6503.

To participate in your local conservation work group, visit your USDA Service Center. Directions and phone numbers to your local USDA Service Center can be found online at http://offices.sc.egov.usda.gov/locator/app?state=NY.

A hot summer: Home sales kept pace with regional boom

By Raymond Coniglio

Home sales surged this summer in Genesee County, reflecting an overall regional trend.

In Genesee County, closed deals for the four months ended Sept. 30, increased by nearly 26 percent to 186, up from 148 last year, according to data provided by the Buffalo Niagara Association of Realtors.

The median sale price rose by 5 percent, to $105,500. The average sale price rose by 1.8 percent, to $114,427.

“This was probably one of the busier summers in the last five or 10 years,” said Robert Gerace, a broker for Realty USA in Batavia. “Once September hit, things quieted down again.”

Total closed sales from June through September in the Buffalo-Niagara region rose 9.2 percent to 4,728, up from 4,329 last year, according to the BNAR.

For the year-to-date, closed sales rose 7.7 percent to 8,187, up from 7,604 in 2014.

“We’ve had a record year,” said Joe Rivellino, the BNAR president and owner of Rivellino Realty in Warsaw.

The BNAR credits an improved job market, falling unemployment and rising earnings for driving home sales. 

“We’ve had a strong market for quite some time,” Rivellino said. “We also still have very aggressive interest rates.”

Rivellino reminded that “real estate is local.”

“The Erie County market is stronger, and that’s where you tend to (see) more multiple offerings and sales above list price,” Rivellino said.

Beyond Erie, the situation varies by county and municipality.

“Wyoming County might have a few pockets where there are slower numbers,” he said. “Property taxes being higher here than they are in some other areas is somewhat of a deterrent.”

Indeed, closed sales from June through September in Wyoming county fell 12 percent from last year, from 128 to 113, the BNAR said.

Both the median and average sale prices were up in Wyoming, however. The median sale price rose 4.3 percent, to $98,500, while the average price rose 3.8 percent, to $114,837.

Homes in both counties were however spending more days on the market before sale — 80 days on average, compared to 74 days in 2014.

Still, summer saw a seller’s market overall.

Gerace recalled taking one couple on visits to 30 listings this summer.

“There were multiple offers,” he said. “Everything was full price — and more.”

Which prompts an observation: To the quickest go the spoils.

“If you want it, you’d better jump on it,” Gerace said.

Rivellino, who has owned his agency for 12 years, is optimistic the trend will continue for at least a little while.

“I believe the interest rate is going to stay aggressive for a little bit longer,” Rivellino said. “There’s no doubt they’re going to go up, but I just don’t know how quickly.”

Tired of reading all the bad news, Larry's co-owner turning the tables and serving free meals for Thanksgiving

By Howard B. Owens

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There's been too much bad news in the world recently, so Brenden Mullen, co-owner of Larry's Steakhouse, on Main Street, Batavia, decided he wanted to do something good.

Larry's will be open from 4 to 8 p.m. Thanksgiving Day serving free meals to "anybody and everybody" who wants to stop in.

The meals will include turkey, mash potatoes and gravy, stuffing, squash and cranberry sauce along with a slice of pumpkin pie.

All for free.

"Somebody very dear to me, touched my life, had a positive impact and made me want to better myself in any way I can," Mullen said. "I thought it might be a step in the right direction."

Word has spread quickly on social media, Mullen said, and just today he got a touching call from an administrator at Batavia High School who said a student who had been wondering what he would do on Thanksgiving, with no place else to go, heard about the community meal and now he plans on being at Larry's.

That really touched Mullen, he said. It's hard to believe in this day and age a high school student would need some place to go on Thanksgiving Day, but there are people in our community with all kinds of needs, he said, and perhaps his gesture will help a few people out.

He just came up with the idea Saturday, enlisted the chef to help, and started getting things organized. He doesn't know what to expect and said additional volunteers to help are welcome.

"I thought it would be a good way to do something good for the community," Mullen said. "Like I said, I just get sick of reading the news, turning on the TV, and it's nothing but bad news anymore, so I wanted to give people a reason to smile and feel good about something."

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