Business

Press release:

Definitive agreements have been finalized by Rochester Regional Health System (RRHS) for previously announced alliances with two hospitals in the greater Rochester and Finger Lakes region. United Memorial Medical Center (UMMC) in Batavia, Genesee County, and Clifton Springs Hospital & Clinic (CSHC) in Ontario County are both expected to join RRHS by the end of 2014.

The formal binding agreement with each hospital, which lays out the terms and conditions for the hospitals becoming a part of Rochester Regional Health System, was developed by the leadership of Rochester General Health System (RGHS) prior to joining with Unity Health System to form RRHS and the leadership of each hospital. The agreements were unanimously approved by the boards of RGHS, CHSC and UMMC late last month, and then assigned and accepted by the newly formed Rochester Regional Health System at its inaugural board meeting in July.

RRHS was officially formed on July 1 as a union of Rochester General and Unity health systems, with a mission to provide a 14-county region with seamless, highly coordinated care. By joining Rochester Regional Health System, the two hospitals will ensure that the patients in their communities will have the same high quality care they are accustomed to as well as improved access to an integrated network of nationally recognized specialty services when required. 

“As health care reform continues to cause the most sweeping changes to the hospital industry in more than a century, rural hospitals in particular are struggling throughout the U.S.,” said Mark Clement, co-CEO of Rochester Regional Health System, “Through these alliances, the forward-thinking leaders of United Memorial and Clifton Springs will enable the residents of Genesee and Ontario counties to continue to have access to and receive world-class care, right at home in their communities.”

Warren Hern, former CEO of Unity Health System and now co-CEO of the new system agreed, noting that this growing regional footprint was among the many factors that caused the Unity Board to decide nearly 18 months ago to join forces with Rochester General.

For a number of years Rochester General Health System had maintained clinical collaborations in key service lines with United Memorial and CSHC as well as other area hospitals, to help those providers better meet their communities’ needs.

“This is the logical progression of a longstanding relationship between United Memorial and Rochester General, which has enhanced our hospital services and benefited our community,” said Mark Schoell, CEO of United Memorial Medical Center. “With this permanent, comprehensive alliance, United Memorial will become the western hub of an emerging leader in integrated health services.”

“We’re excited to finalize our plans to officially join Rochester Regional Health System,” said Lewis Zulick, MD, acting CEO of Clifton Springs Hospital & Clinic. “In order for us to sustain the highest standards of community health, our patients must have access to the complete continuum of high-quality care. Working closely with Newark-Wayne Community Hospital, we look forward to serving the Finger Lakes region as the leading provider of comprehensive care.”

“We’re very pleased to be moving forward with formal plans to join forces with these respected organizations,” said Robert Dobies, board chair of Rochester Regional Health System, “and extend our footprint of extraordinary quality, patient satisfaction and value to the west and east.”

Work has finally begun on the new McDonald's location in Eastown Plaza, Batavia.

First order of business, removing the paving on the parking lot of the site pad.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for application for assistance from United States Gypsum Co. (USG) at the July 10, 2014, board meeting. 

United States Gypsum Company Co. (USG) is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY. The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility.

The upgrades will consist of three phases and is expected to commence in 2016. The projected capital investment is approximately $23 million and the investment will retain 98 manufacturing jobs and create 12 new production jobs.

In other matters, Graham Corporation’s 2013 project with the GCEDC involved expansion of its operations on Harvester Avenue, Howard Street and Florence Streets, in the city of Batavia. There has been a longer than anticipated construction time on these projects and Graham Corporation is requesting a PILOT amendment in order to delay the commencement of the PILOT by one year. This amendment will not result in any additional incentives for the project.   

“The significant investments in businesses right here in our region is strongly reflective of the ongoing economic growth we continue to witness in all industry sectors,” said Wallace Hinchey, GCEDC Board chairman.

Judge Rorbert C. Noonan wants more information before he decides whether to dismiss one or both of the lawsuits against Frost Ridge Campground in Le Roy.

In a written decision this afternoon, Noonan held off making a decision on the motion to dismiss the suits as well as on the motion to lift the temporary injunction against amplified music at Frost Ridge.

He's ordered a hearing as soon as possible on the assertion by attorney David Roach that the statute of limitations has expired for challenging the Zoning Board of Appeal's determination in the Fall of 2013.

"While Frost Ridge and the ZBA submitted that such minutes were filed with the Town Clerk 'within a matter of days' after the October 22, 2013 meeting," Noonan wrote, "the Town Clerk submits that she 'cannot pinpoint the date (the clerk of the ZBA) delivered the minutes of the Sept. 25, 2013 meeting to her," and that they are customarily filed only 'sporadically.' Therefore, on the existing record, Frost Ridge and the ZBA have failed to carry their burden of proof on the issue."

The ZBA clerk is currently involved with medical issues, Roach told Noonan during today's hearing, and is therefore unavailable to provide an affidavit on when she filed the minutes.

She is expected to be available in a week, he said.

Frost Ridge is fighting twin lawsuits: One filed by the Cleere and Collins families, who own adjoining property, and one filed by the Town of Le Roy asserting Frost Ridge not only is barred by the zoning ordinance from hosting amplified music concerts, but has grown beyond what was grandfathered in when the current zoning ordinance was adopted.

Under NYS law, any party challenging the ZBA's determination would have 30 days from the time the decision is filed to legally seek to overturn the decision. If it can be proved by the defendants that minutes were filed with the Town Clerk in the Fall of 2013, that would be much more than 30 days and could therefore provide grounds for the lawsuit by Cleere/Collins to be dismissed.

What happens with the Town of Le Roy's lawsuit against Frost Ridge is a little more complicated.

"Nor will the Town's action be dismissed for failure to join the ZBA as a defendant," Noonan wrote. "Although the ZBA may wish to intervene in this case, it is not a necessary party to the Town's action to enforce its zoning laws; and, it is questionable whether the Town is collaterally estopped by the ZBA's determination."

Noonan's ruling seems to back the assertion by the defense that the ZBA made a valid determination that land use at Frost Ridge in 2013 was a legal, preexisting, nonconforming use.

"Thus," he writes, "contrary to the Town's contention, the minutes of the meeting permitting the noncomforming use are sufficient for a proper determination."

No date for a follow-up hearing has been released yet.

Concerns about adequate parking and emergency vehicle access led the Genesee County Planning Board on Thursday night to recommend against approval for a senior housing apartment complex off Route 5 in the Town of Batavia.

The board's vote is not binding, but it does require the Town of Batavia Planning Board to vote with a +1 margin to approve the project.

The site for the project is 3833 W. Main Street Road, Batavia. It is 33.4 acres and would contain 110 apartment units that would be marketed to middle-income residents age 55 and older.

There's currently no senior housing in the area designed for middle-income residents, said Ben Gustafson, a civil engineer with Hunt Engineers/Architects/Surveyors, and representing the developer, Calamar.

The project calls for 1.5 parking spaces per unit, which is a variance from the town's 2-per unit ordinance. 

Gustafson explained that two per unit is excessive by modern planning standards, the county's own planning goals and what Calamar's studies of its own 15 similar complexes shows is necessary.

In some Calamar locations, the local ordinance requires only one parking space, but even there, because of Calamar's own experience, they put in 1.5.

"What we're proposing is in keeping with sustainable development throughout this country by not providing more parking than is required," Gustafson said. "Our studies show we need far less than two spaces per unit."

Multiple board members expressed concern about 1.5 parking spaces, even so.

"The 1.5 parking per unit is unrealistic," said Mel Wentland, board chairman. "For 55 and older, both members of the family usually have cars. You're under-populating parking spaces. There should be two per unit. There are also people coming to visit, nurses aides, various kinds of help. I don't think the parking (the plan) provides is adequate to meet all the needs of such a community."

Gustafson said it's common for residents in these communities to not even have cars, but if the parking proved inadequate, there's plenty of space on the property that could later be converted to parking if needed.

Another issue is the single driveway for the complex off Route 5.

The main concern of the board is access for emergency vehicles -- what if traffic is tying up the driveway, or there's an accident in front of it?

According to Gustafson, there are fewer than 30 cars an hour that will pass through the driveway, far less than similar-sized units serving younger families. The traffic impact will be minimal and the wide driveway will provide ample room for emergency vehicles.

Board Member Lucine Kauffman said no one on the board is arguing against the need for the project, but that these issues should be addressed before it's approved for development.

The owners of Frost Ridge are expecting to find out this afternoon whether their 2014 concert series will be held at the campground this year, or whether they must continue to hunt for alternative venues.

This morning, attorney David Roach asked Judge Robert C. Noonan to vacate his preliminary injunction of May 24 that barred amplified music and alcohol service while a pair of lawsuits are pending against Frost Ridge.

Roach based his motion on the fact that the Le Roy's Zoning Board of Appeals wasn't represented at May's hearing and now that the ZBA is represented in the case, new information has been presented to Noonan that shows the ZBA determined that Frost Ridge was being operated in 2013 within the bounds of its status of a nonconforming, preexisting use.

At the May hearing, Town of Le Roy attorney Reid Whiting said the ZBA declined to be represented in the suit (ZBA members didn't even know about the suit at the time) and he presented what's known as a "verified answer" by Supervisor Steve Barbeau that stated the ZBA determination was invalid.

Today, Roach filed an amended verified answer (the answer is in response to the lawsuit by the Cleere and Collins families) from the ZBA itself that states that live music and food service are grandfathered in at the campground.

On the basis of that change, Roach argued that Noonan's injunction was granted without the proper factual information and should therefore be vacated.

"It is no longer clear -- as the court preliminary held -- that my clients have committed a zoning violation," Roach said. "With the ZBA's amended verified answer, the weight of the evidence has shifted such that it is now clear my clients are in compliance with the zoning code as a prior, nonconforming use."

Mindy Zoghlin, attorney for the Cleeres and Collins, argued that the ZBA's minutes don't help Frost Ridge.

"The ZBA minutes say they were asked to review the need for a special-use permit," Zoghlin said. "Dave outlined the history of the campground, and just the campground, as established prior to the zoning law being passed. After his presentation, the ZBA board discussed the issue of the campground, and just the campground and whether it is grandfathered in. It's not clear from the minutes what they're talking about."

Zoghlin said her clients have no issue with the existence of the campground or music at the campground. They are against it being used as a live music venue.

"We're not challenging the decision that the campground is a preexisting use," Zoghlin said. "That's a mischaracterization of the argument and a misunderstanding of what the court ruled the first time around. What we're saying is they can't legally expand the campground unless they go to the ZBA and apply for and receive a special-use permit for expansion."

Whiting made only a brief statement to Noonan and said the defendant's reliance on the ZBA determinations are puzzling to him because he thinks the ZBA rulings produce very unfavorable results for Frost Ridge.

"In 1998, the ZBA ruled clearly there can be no expansion of any structure and can be no change in use whatsoever. On both measures, the campground has aggressively and significantly sought to expand both uses and structures on the campground."

Roach countered later that the ZBA's positions clear that in 2013 they knew what was going on at Frost Ridge and that based on testimony and personal knowledge of board members, the use in 2013 (which included concerts and food service) was grandfathered in.

Noonan could decide, Roach suggested, to kick the issue back to the ZBA to hold a hearing and define exactly what it meant by campground and what it considers to be a prior, nonconforming use.

Both lawsuits -- the one filed by Cleere and Collins and the one filed by the town -- against Frost Ridge should be dismissed, Roach said, because the statute of limitation (in this case, 30 days) long ago expired for challenging the ZBA decision.

Zoghlin told Noonan that the defendants have failed to provide proof of when the determination was filed with the Town Clerk, and without that proof, there is no evidence that the statute of limitations has expired.  

She also said the record is incomplete because for the 2013 determination, there was no application filed by Frost Ridge for a decision.

"There's no forms filled out," she said. "There's nothing in writing."

Roach said Frost Ridge owners Greg and David Luetticke-Archbell relied on the ZBA's 2013 determination to go ahead and book concerts for the summer of 2014. They could potentially be out of tens of thousands of dollars if the preliminary injunction isn't lifted.

Noonan said he will issue a written decision at 3 p.m. today.

Workers with National Grid installed a new utility pole on Center Street. The road was closed for a portion of the morning during the installation. The pole will help accommodate power upgrades for the new call center for the Tompkins Insurance Company going in at that location.

This is from the GCEDC:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its July 10, 2014, board meeting. The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College. 

U.S. Gypsum Company is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY. The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility. The projected capital investment is approximately $23 million and will ensure retention of 98 existing manufacturing jobs and the addition of 12 new production jobs. The board will consider a final resolution for this project.

Calamar Senior Housing is planning to construct a 117,000-square-foot, three-story building that will house 110 senior apartment units, a lobby and common rooms in the Town of Batavia. The facility they have proposed here in Batavia will be restricted to residents 55 years and older, and is scheduled to have many amenities that will create a holistic senior community including: a full-time director, events, educational seminars, meals, transportation, etc. The apartments will rent at market rate from around $805 to $1,050 per month with all major appliances and utilities included. The look, style, amenities offered at the proposed development to ensure effective “aging in place” models for our seniors.  Overall the company plans to invest $11 million, create two full-time positions, and estimates that 200 construction jobs will be needed to complete the facility. The facility will generate long-term tax base for the County without added demands for services on our school districts. The board will consider an initial resolution for this project as the incentives exceed $100,000.

Graham Corporation’s 2013 project with the GCEDC involved expansion of their operations on Harvester Avenue, Howard Street, and Florence Street in the City of Batavia. There has been a longer than anticipated construction time on these projects and Graham Corporation is requesting a PILOT amendment in order to delay the commencement of the PILOT by one year. This amendment will not result in any additional incentives and Graham will receive the total incentives that the board previously approved.

There was an open house this afternoon for the new mixed-use complex in Jackson Square.  

The former Carr's Department Store Warehouse is now four apartments and a downstairs office space.

One of the apartments is already rented. Thermory, a company that installs thermo-treated wood decks, has moved into the office space.

The building was purchased by developer Paul Thompson and partners, who invested more than $500,000 of their own money as well as leveraged $115,000 in state grants to complete the conversion project.

Features of the building include exposed original beams, industrial-grade wood floors and brick walls.

One of Batavia's venerable businesses, Flowers by Dick Burton, is closing its doors the final time Monday evening.

The roots of the business are in Oakfield, growing out of greenhouses owned by Irving Bates and Benjamin Harrison, who opened a flower shop in Batavia sometime in the 1940s.

Eventually, Dick and Mary Burton bought the shop and after operating on Main Street for some time, moved it to Cedar Street.

John and Shelia Hamel purchased the business -- and kept the name -- 34 years ago.

Even though the Hamels have built up a customer database of 21,000 people (including customers in seven other nations), it's become too difficult to compete against Internet businesses, Hamel said.

"Yes, we have local competition, but our main competition is the Internet," John said. "These 1-800, Procom, Just Flowers, all these things -- I just urge our customers and anybody, do not use them because you get taken. You don't get the quality they expect here or any flower shop."

Hamel said customers have compared his prices to Internet prices and complained, but people don't realize the quality just isn't the same. The flowers aren't prepared properly and can even arrived dried out, and shipping costs often exceed the cost of the flowers.

Hamel said he isn't sure what's next for him and his wife. Shelia can still work in the flower industry if she wants. She's a certified master designer who got a near perfect score when she tested for the certification. She was Florist of the Year in 2002, named by the now defunct Floral Association of Greater Rochester.

Flowers by Dick Burton was Genesee County's Retail Business of the Year in 1994. The business as also won numerous awards from FTD and other trade organizations.

Hamel said there are so many people to thank for all the years of support of the business that he can't possibly name them all -- all of the customers, most of all.

He in recent years it's been a treat to do the flowers for brides whose mothers first came to them for their weddings in the 1980s and 1990s.

He said he especially wanted to thank the shop's longtime employees, Barb Spring, Charlie Augrom, Linda Luthart, Sally Case and Lori Mosier.

Through Monday, everything in the shop is half off. On July 9 and 10, the shop will be open for other florists to come in and buy fixtures and cases. The property will be auctioned off July 17.

"We really don't know what we're going to do after that," Hamel said. "We're letting our faith take us at that point."

Once again, about two dozen supporters of Frost Ridge turned out Thursday evening at the Town of Le Roy board meeting to protest the town's ongoing litigation against the six-decade-old campground on Conlon Road.

Supervisor Steve Barbeau made it clear at the start of the meeting that he wasn't going to allow the kind of free-for-all debate that took place during the meeting two weeks ago.

He asked each speaker to speak one at a time and only cover topics not already raised and addressed.

About six people spoke -- a veteran who said the ban on concerts was an insult to those who fought and died for freedom; a resident who suggested the town was passing up an opportunity to put a $2 surcharge on concert tickets sold and generate a little revenue; one person who wanted to know how much the lawsuit that most in the town don't support is costing taxpayers; and a resident in the Gulf Road area who complained about toxins from a proposed facility at the old town dump being allowed while music in the community isn't allowed.

After those who wanted to speak spoke, Barbeau answered a couple of the questions and offered this summary of the town's position:

"For the town board it is not, has not, and will not be an issue of revenue, such as adding taxes, or making money off of whatever Frost Ridge chose to do or not. It isn't an issue of anything to do with any noise. It is isn't an issue of anything to do with really anything other than is this a permitted use, and by this, I mean a concert venue, whether it's for veterans or it's for anything."

At this point, Barbeau was interrupted by a couple of people, and then he went on:

"For the town the only issue is, is this a permissible use, accessory use or special use within the Town of Le Roy in an R and A zone. The Town of Le Roy's position is not only is it not a permitted use, accessory or special use in an R and A zone, it is not permitted in any zone in any district in the Town of Le Roy."

After several weeks of being out of service for significant repairs to its engine, Batavia Cab's lone cab is back in service.

Co-owner James Soggs said the cab just went back on the road today.

There were reports of Batavia Cab being out of business, but Soggs said the company hadn't closed, it just didn't have a vehicle it could put on the road.

There's been a lot of turmoil among local cab companies over the past two years with three or four companies opening and closing.

B-Town Taxi, Affordable Cab and Mike's* all appear to be out of business (we've confirmed B-Town is out of business). The only locally owned cab company we know to be currently operating in Genesee County is Batavia Cab.

Multiple readers contacted The Batavian over the past few weeks noting that there no longer seemed to be an operational cab company locally, creating a hardship on a lot of people, so the return of Batavia Cab should please a lot of people.

*I remember another company that started up two years ago and is now apparently out of business, but can't remember the company's name.

Press release:

The Genesee County Legislature has appointed Craig Yunker to the Genesee County Economic Development Center Board of Directors. His term will begin Tuesday, July 1, 2014.

“Craig Yunker was selected to serve on the GCEDC board because of his extensive business and agriculture experience,” said Genesee County Legislative Chairman Ray Cianfrini. “He has lived and grown a successful business in Genesee County and will be a tremendous asset to the board."

Yunker is a managing partner of CY Farms headquartered in Elba, New York. CY Farms is one of the largest crop farms in Western New York, growing turf, corn, wheat, soybeans, alfalfa, onions and green peas. The farm encompasses more than 6,000 acres in Genesee County and has been in operation since 1963.

Yunker is also owner of Batavia Turf, a turf farming operation in Batavia, as well as CY Heifers, a 4,000-head replacement heifer business that raises calves for local dairy farms.

In addition to running CY Farms, Yunker is very active within the community. He is the past Genesee County Legislature chairman serving from 1984-1991, and former trustee of Genesee County Community College. Currently, he serves as director of Tompkins Financial Corporation/Bank of Castile and is a trustee of Cornell University.

Yunker holds a B.S. in applied economics and management from Cornell University and a M.S. in resource economics from the University of New Hampshire. He resides in Elba, with his wife, Kimberly, and is a proud father of three children and has three grandchildren.

“We are pleased with the County’s appointment of Craig to the EDC board and look forward with working with him to advance the mission and goals of the agency,” said Wolcott T. Hinchey, chairman of the GCEDC board.

A company that specializes in auctioning off "total loss" vehicles is planning to move its Rochester location to Bergen.

The Genesee County Economic Development Center Board on Monday approved the sale of 30 acres in Appletree Acres Corporate Park to Insurance Auto Auctions, which has more than 160 locations nationwide.

IAA runs salvage auto auctions, selling cars that insurance companies have declared totaled, either because of accident, weather damage or theft. 

The company says on its Web site that more than 3.5 million vehicles in the U.S. are declared a total loss each year.

Some of the vehicles can be repaired and resold; others are good only for scap or parts.

By state law, only dealers can purchase cars that have been declared salvage.

The company will pay $600,000 for the property and plans to invest $3.5 million and $4 million on the new facility.

Between IAA and vendors, the location will employ 10 to 15 people.

Information on any tax abatements IAA may receive is not yet available.

Steve Tibble, IAA's director of real estate and development, said the company will next apply to the Town of Bergen for all the site and plan approvals.

"We plan on being open as fast as we can," Tibble said.

Paul Berardini, owner of Big Pauly's Pizza, donated $200 to the YWCA's domestic violence program today and presented the donation to Linsey Vallett. The donation is comprised of $2 from each large pizza Pauly's sold on Monday.

When workers from Tompkins Insurance move into their new second-floor offices at Main and Center, they will have Doug Rebmann to thank for the bit of extra sunlight spilling into their space.

Rebmann has been working this week cutting through masonry to create two new window openings as part of extensive renovations to the second floor.

Tompkins expects to move its customer service center to the location in mid-September.