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Farm Bureau president lays out legislative agenda for 2015

By Howard B. Owens

Heading into the 2015 legislative session, the top priority for the New York Farm Bureau is immigration reform, said Dean Norton, bureau president, during a media conference call this morning.

The Elba resident is in Washington, D.C., this week meeting with members of New York's congressional delegation to represent farmers' interests.

"We need a stable, legal, reliable workforce," Norton said. "What we have now is broken. A stable workforce on our farms means a stable rural economy."

The Farm Bureau is calling on Washington to create a visa program or temporary worker program that will make it easier for farmers to hire and retain farm workers and not worry about all of their workers being taken away by immigration officials without notice.

"Everybody (in Washington) understands there's a problem, but neither side trusts and has faith in the other side to deal fairly," Norton said. "Both sides want to hold immigration as a political football."

The Farm Bureau is also looking for clarification from the FDA on food safety rules and there's been some progress on that front, Norton said.

Until recently, a small dairy farm with gross revenue of $500,000 that also grows a few strawberries for a fruit stand would face reams of regulations for the strawberry operation, but the FDA will start to apply those rules to $500,000 per crop, so the strawberry operation would not be covered in that circumstance.

Still a top priority for the Farm Bureau is the EPA's proposed rule change on what constitutes navigable waters. Farmers remain concerned that rule changes would bring into regulation small --- even very small -- bodies of water on farms.

"We continue to push the EPA for a clarification on the rules," Norton said. "Of the comments sent in by individuals, 58 percent of the comments ask the EPA to start over and become better partners with agriculture and come up with rules that are better for everybody."

Also on today's conferance call was Elisabeth Walters, director of national affairs, who said the Farm Bureau is paying close attention to the implementation of the 2014 Farm Bill, and is pushing for trade reform and reforms in tax structure to encourage more farmers to donate crops to local food pantries.

Norton said farmers want greater access to foreign markets, which means trade agreements, and the president should have greater authority to reach trade deals. 

Rep. Chris Collins has publicly opposed the idea, and Norton said he would be meeting with Collins today to discuss the issue with him.

"The reason we're in favor of it is that our trading partners want to deal with one person, not negotiate with 365," Norton said.

Snow plow driver in Elba complains about resident repeatedly blowing snow in the road

By Howard B. Owens

Law enforcement is being dispatched to Batavia Elba Townline Road near Pekin after a highway worker reported he had a confrontation with a resident who is blowing snow in the road.

The worker said this isn't the first time the issue has come up.

"He gave it to me and I gave it right back to him," the worker told dispatchers.

The worker said the resident videotaped the encounter.

"He's putting the hazard right back in the road," the worker said.

Pembroke and Byron-Bergen open tournament play with battle to the end

By Howard B. Owens

Two teams, evenly matched, made for action-packed basketball at Byron-Bergen Tuesday night, but a 14-2 run in the second quarter made all the difference for Pembroke as the Dragons pulled out a 51-45 win in a first-round Section V playoff game.

Byron-Bergen and Pembroke came into the game as the #8 and #9 seeds, both with 7-12 records and having split their two regular season contests.

"We know everything that they're running," said Chad Smith, Bees head coach. "I mean, he had to change up his pace and we were able to adjust to it. We figured it out. We did a great job. He knows pretty much what we're doing. We worked them down to five seconds on the shot clock a lot throughout the night, but they had guys come up big."

Smith and Pembroke Coach Matt Shay agreed that the turning point was the second quarter, when shots stopped dropping for the Bees and the Dragons got hot.

"We really locked down defensively and that was huge because they made some shots in the first quarter and I told the guys after the first quarter, I thought we were playing solid defense, but they were just making tough, good shots, good offensive plays. I told the guys, 'stick with it.' I think the defense looked pretty good and eventually those percentages even themselves out."

The game wasn't really decided into the closing second, but Byron-Bergen wasn't able to run its plays to get some scores.

Smith realizes he has a young team and he's eager to start off-season work with his returning players with an eye toward a stronger 2015-16.

"We've got a great group of kids," Smith said. "They work their tails off for me. I knew it was going to be a fight. They weren't going to give up at all until the end. I'm very proud of our guys.
I think we're moving in the right direction."

For Pembroke, Ryan Cansdale had 16 points, Zack Von Kramer, 10, and Kyle Ludwig hit three triples on his way to a 10-point game.

For the Bees, Steele Truax had 11, and Brandon Burke and Adam Strassner had 10 each.

Next up for Pembroke at 7 p.m., Friday, is #1 seed Mynderse (15-4). 

Shay knows it's going to be a tough game for his young team.

"We're definitely the underdog, which is OK with us because we've been an underdog team for most the season," Shay said. "I don't try to focus too much on the other team. We will get focused on what we do and execute on what we do rather than concentrate on what they do."

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Muller Quaker, Business of the Year - boosts economy, aids community, fosters optimism

By Lou DiToro

This is the third in our series of profiles of the 2014 Chamber of Commerce Award winners. The awards will be presented at a dinner at the Clarion Hotel on Saturday.

When a manufacturer impacts a region economically like Muller Quaker Dairy has, that’s a big boost for the area. When that manufacturer also turns out to be an outstanding corporate citizen, then it should be recognized. And it has been. The Genesee Chamber of Commerce named Muller Quaker Business of the Year for 2014.

Muller Quaker Diary is the biggest dairy manufacturing plant to open in Genesee County in 55 years. It’s provided a huge boost economically to the region. It pumps as much as $150 million annually into the local dairy and fruit farms. That’s on top of the $206 million capital investment Muller Quaker made to build the giant production plant in the Ag Park location. Plus, Muller Quaker sources all milk for its yogurt locally.

Muller Quaker Boosts Local Economy

The facility also provided about 160 new jobs — all of which are at the computerized facility. With a new production line starting in the fall, Muller Quaker expects to add as many as 20 to 30 additional jobs to the plant’s payroll. This is in addition many jobs the facility has created in the community’s agriculture, hospitality, and business services sector.

“We have much more room to expand the plant,” says Kevin Williams (pictured), supply chain vice president, who has been with the company about three years. “We built facility so it could grow with our business. And we continue to innovate new and delicious products so we can do just that." 

The facility sits on 82 acres of land in the Ag Park and has three production lines that can produce more than 120,000 cups of yogurt per hour. It can accommodate up to eight production lines with room for future expansion. The Muller Quaker Dairy plant is the largest LEED-certified dairy manufacturing plant in the world.

Makes Impact in Community

In addition to stimulating the area's economy, Muller Quaker makes an impact in the community. Employees invest hundreds of hours annually in community activities, like participating in food drives and supporting the Salvation Army at Christmastime. Muller Quaker also supports local educational projects and gives facility tours for kids and residents.

“We’re involved in numerous community projects,” says Williams. “In fact, we encourage employees to go out into the community and contribute. Put simply, we get involved. And it’s our absolute pleasure to do so. It’s the way we like to operate.”

From a marketing standpoint, the production facility helps Muller Quaker compete in the $6.2 billion U.S. yogurt marketplace. It serves as the national production and distribution center for the Muller brand, which launched in select regional markets in 2012. Its products include Muller Corner®, Muller Greek Corner®, and Muller FruitUp™ varieties. 

The facility’s yogurt helps satisfy the increased demand for value-added dairy products in America, where per capita consumption of yogurt is generally less than half that of Europe. Per capita consumption in the United States has more than doubled in the past decade, according to an article in Food Business News. Retail sales in the United States are expected to approach $9.3 billion by 2017.

Joins Two Powerhouses

The Muller Quaker Dairy joins the complementary strengths of two powerhouse global companies. The Quaker Oats Company, a subdivision of PepsiCo, is among the world’s most recognized and trusted brands. The Theo Muller Group is one of Germany’s largest privately held dairy businesses. It’s also among Europe’s top yogurt producers, making yogurt and other products for more than 100 years.

The Muller Quaker Dairy stands poised to help its parent company dominate the growing yogurt market in the States. By boosting the region’s economy and helping out in the community, it’s increased the region’s optimism -- ample reason to name Muller Quaker the Business of the Year for 2014.

Pictures: Community art displays from Jackson School students

By Howard B. Owens

Ella, Mrs. Shuknecht’s First Grade
My Snowman
My snowman’s name is Krystal. She is fancy and happy.  She likes to wear bows and a hat. Her favorite food is ice cream cake. When it is cold outside she likes to have snowball fights and go snowboarding. 

Parris, Mrs. Bigsby’s First Grade
My Grandma’s House
I went to my grandma’s house. It was a special place. First, I ate dinner with my grandpa and grandma. It was good. I had turkey and mashed potatoes with them. Next, I played at the park with my friend, Emma. We played on the monkey bars. Last, I went to feed the ducks. I fed them bread.  I had a great time at my grandma’s. I hope I can visit them again soon. 

Martha, Mrs. Bigsby’s First Grade
My Papa’s House
I went to my papa’s house and it was a special place. First, I ate dinner with my papa and my grandma. It was delicious. Next, we watched the Croods. It was a funny movie. Last, they took me to the park. I went on the swings. I had fun at the park. I had a great time at my papa’s house. I hope I can visit him again soon. 

Jay’lee, Mrs. Mattice’s Kindergarten
Penguins
Penguins can swim. 
Penguins have blubber. 
They have claws. 
They have beaks. 

Trey, Mrs. Wolff’s Kindergarten
Seasons
My favorite season is summer because I play baseball with my brother, mom and my dad.

Brandon, Mrs. Colvin’s First Grade
How to Build a Snowman
To make a snowman I would first roll three snowballs. One big, one medium and one small. Then, I would stack them. The biggest on the bottom, then the medium and finally the smallest on the top.  I would decorate. My arms would be sticks. My nose would be a carrot. My eyes would be coal.  My mouth would be rocks. I would do a scarf with a zigzag design. I would name my snowman Snowy and give him a hug. 

More after the jump:

Dominic, Mrs. Torrey’s First Grade
I Went to Our Cottage
I went to our cottage. It is a special place. I jumped in the pool and got all wet. We played ice buckets. We got dried off and went inside and watched T.V. I had a great time at the cottage. I hope I can go again. 

Sophie, Mrs. Colvin’s First Grade
How to Build a Snowman
To build a snowman I would first roll three snowballs. One big, one medium and one small. Then, I would stack them. The biggest one on the bottom, then the medium and finally the smallest on top.  Then, I would decorate my snowman. My arms are sticks. My nose is a carrot. The eyes are coal, my mouth is a banana, my hat is on him. Finally, I would name him Olaf and play with him. 

Payton, Mrs. Radley’s First Grade
How to Train a Dog
First, you give the dog a bath and you play with the dog. Next, you say sit, stay, lay and stay again. Then, you play with the dog and you sit in the house for a little bit. Last, I give the dog to the owner. 

Kyleigh, Mrs. Radley’s First Grade Class
How to Babysit
First, you play with the kids and if they cry rock them slowly. Next, you put them to bed. If they are bad you put them in time out. Then, the two kids that did not go to bed can go outside and play in the snow. Last, you have to take their snow clothes off and wake up the baby and give the kids to their mom. 

Xaviar, Mrs. Colvin’s First Grade
How to Build a Snowman
To make a snowman I would first roll three snowballs. One big, one medium, one small. Then, I would stack them. The biggest one on the bottom, then the medium and finally the smallest on top.  To decorate my snowman, my arms will be sticks. My nose will be rocks. My mouth will be rocks.  My eyes will be rocks. A hat with a zigzag pattern. Finally, I would dance with him. His name is Frosty. 

Lily, Mrs. Torrey’s First Grade
How to Build a Snowman
To make a snowman I would first, pack three snowballs and stack them up. Then, I would put buttons on her tummy. I would put a pink hat and pink mittens on her. Then, I would put two sticks for her arms. Then, I would give her a broom. Finally, I would give her a carrot for the nose and a watermelon for her mouth. Her name is Rosie. We would play Barbies together.

Law and Order: Buffalo man allegedly found with 4,600 untaxed cigarettes

By Howard B. Owens

Zaid Amhad Alhariri, 47, of Dodge Street, Buffalo, is charged with possession of more than 4,600 untaxed cigarettes. Alhariri was stopped for alleged traffic violations at 12:23 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves. He was allegedly found in possession of 4,600 untaxed cigarettes with a value of $1,055.

Cindy Lou Bush, 63, of Oak Orchard Road, Elba, is charged with five counts of criminal contempt, 2nd. Bush was allegedly involved in an incident at 7:30 p.m. Monday at a residence on Oak Orchard Road, Elba, with five other people, all who are the subject of a complete stay away order issued to Bush.

Annette Monique McMillian, 30, of Elmdorf Street, Rochester, is charged with scheme to defraud, 1st, petit larceny and issuing a bad check. McMillian was arrested on a warrant after turning herself in to Monroe County Probation. She was arraigned in Le Roy Town Court and jailed on $1,000 bail.

Sentencing delayed for woman in animal abuse case

By Howard B. Owens

Nina Kelso isn't sure she should have entered a guilty plea in October to one count of animal cruelty, the Batavia woman indicated in City Court today as she wiped away tears.

She told Judge Robert Balbick that she wanted a new attorney before being sentenced on the conviction.

"I need somebody more suitable for somebody who attends mental health and needs more help with the case to be able to show their innocence and not be pretty scared into taking a plea," Kelso said.

Under no circumstances, Balbick told her, would she be allowed to withdraw her guilty plea, nor would he assign a new county-paid attorney to her, but he did give her two weeks to hire her own attorney.

In October, Kelso entered a guilty plea on an Alford basis, meaning she admits she would likely be found guilty by a jury, but did not admit to the facts of the case.

It's been a year since Kelso was first accused of mistreating her former dog, Fox'r. Fox'r was found by an animal control officer extremely malnourished at Kelso's residence.

Kelso maintained that Fox'r had eaten something that made him sick.

Today, Kelso said she felt pressured to enter a guilty plea because she said her attorney -- her second attorney on the case -- had told her if she didn't plead guilty, she would likely be found guilty by a jury and sent to jail once convicted.

Balbick reminded Kelso that when he accepted her plea, she questioned her about her understanding of the plea and her confidence in her attorney.

"If you had given any indication you were not making the plea voluntarily, I would not have taken the plea," Balbick said. "We went through the entire plea process very, very clearly."

The plea deal required Kelso to surrender ownership of Fox'r, who had been languishing in the animal shelter for eight months, so he could be adopted by a new family. It also came with a stipulation that Kelso would not be sent to jail.

Kelso is scheduled to reappear in City Court for sentencing in two weeks.

City set to auction off houses for unpaid taxes, turn three over to Habitat for Humanity

By Howard B. Owens

The city's tax lien auction list for 2015 includes 12 parcels, with five single-family homes and two commercial buildings.

City staff is also recommending the sale of three vacant homes in poor condition to Habitat for Humanity for rehabilitation and sale to a low-income family.

There's also a piece of vacant property on Law Street next to the city's current yard waste collection center -- the center is on leased land -- that may be suitable for a new yard waste facility.

These four properties aren't included on the list of properties slated to be auctioned off March 14 at Bontrager's on Wortendyke Road, Town of Batavia.

In a memo to City Council, City Manager Jason Molino noted that the city has previously sold seven single-family homes to Habitat for Humanity, and these homes have been successfully rehabilitated and occupied, increasing the average assessment by 38 percent.

The three properties to be offered to Habitat this year are:

  • 54 Oak St., which has been vacant since March 2011, for $2,500
  • 131 Pearl St., which has been vacant since August 2012, for $1,000
  • 240 State St., whose owner died, for $2,500

The foreclosed properties slated for auction are:

Address Type Delinquency Value 214 Ellicott St. Commercial $13,396 $70,000 Ellicott Street, rear Vacant land $2,923 $31,000 Hall, City Centre Commercial $1,146 $10,000 30 Hutchins Place Vacant land $2,458 $3,600 26-28 Hutchins Place Vacant land $17,421 $35,000 South Main St. Vacant land $88 $100 159 Bank St. Single family $22,017 $72,000 33 Clinton St. Single family $37,630 $79,000 42 Lyon St. Single family $24,479 $69,000 27 Oak St. Single family $31,817 $60,000 210 Ross St. Single family $32,532 $68,000 214 Swan St. Two family $32,532 $68,000 141 Liberty St. Vacant land $9,325 $6,800

As in previous years, buyers will be reviewed by city staff and the city reserves the right to reject a purchase a buyer it believes is not qualified to maintain the property.

City, mall merchants appear ready for mediation on long-simmer disputes

By Howard B. Owens

So far, attorneys have been paid a combined $207,000 for the City of Batavia and the Mall Merchants Association to battle in court over who is responsible for what in the rapidly deteriorating structure.

There's a chance now the case may go to mediation, the City Council was informed Monday night.

After losing a motion for a summary judgement, City Manager Jason Molino said the MMA is willing to submit to mediation. 

A final agreement on mediation has not be completed.

The city and MMA have locked horns over responsibility for concourse maintenance, major repairs, ownership and governance.

In 2009, the MMA filed suit against the city.

Since then, the city has spent $104,199 on legal fees, while the suit has cost the mall merchants $103,317, according to Molino's memo.

"A thriving and healthy City Centre is critical to the City's downtown revitalization, and the City is very interested in an overall resolution that will best support long-term and prosperous solutions for all parties involved," Molino wrote.

City set to receive funds to provide grants to small businesses

By Howard B. Owens

A $200,000 federal grant could help create from five to 10 new businesses in Batavia, the City Council was told Monday night.

The "micro-enterprise" grant program is designed to help fund businesses with fewer than five employees either through a start-up or growth phase.

The minimum federal requirement for the program is that five business owners receive benefits and five new jobs are created.

Recipients would be required to attend classes at GCC's Best Center covering the fundamentals of owning and operating a business, including planning, legal issues, accounting and financing. 

The program would be supervised by the Batavia Development Corp. with the assistance of a grant administrator.

In total, $150,000 would be available for grants to small business owners, with $31,300 for program delivery, $10,000 for grant administration, and $8,700 for classroom instruction.

The money given out would be in the form of grants, not loans.

City Manager Jason Molino told council members that it's his understanding the federal government would require some sort of claw back for businesses that fail or move out of the city within the first three years after receiving the grant.

The City Council will vote on a resolution to accept the federal money at its March 9 meeting.

Councilman makes '11th hour' plea for vote on assistant city manager job

By Howard B. Owens

Councilman John Deleo opposes including money for an assistant city manager in Batavia's budget for 2015-16 and wants his vote on the record.

In what one of his colleagues characterized as an 11th-hour plea, Deleo asked near the end of Monday's City Council meeting how he goes about proposing a budget amendment.

Deleo said his constituents don't want him to drop the issue.

"We talked about it at budget time, but it never came up," Deleo said. "It was never put on the agenda here, but I made a promise to the voters that they wouldn't grease the rails and slide this though. I would make sure I would bring it up."

The council approved the addition of an assistant city manager position in the 2014-15 budget and over the summer, local resident Gretchen Difante was hired to fill the role. Since then, she's worked on a variety of issues for the city, including flood insurance, problems with the emergency communications system, administrative services, including finance, the clerk-treasurer, personnel, information technology, the youth bureau and assessment. She's even been called on to help city residents deal with feral cats.

Her annual salary is $75,950.

While Deleo maintains the majority of the people he's heard from say the city should eliminate Difante's job, Councilman John Canale said he is hearing a completely different message.

The feedback he's getting, he said, is the job is needed.

Couching his words with phrases like "in all due respect" Canale was critical of Deleo's request for a vote after the council has already been through budget work sessions and a public hearing on the budget.

The budget needs to be approved by April 1 and making a substantial change at this stage would require a second public hearing, which could potentially jeopardize timely passage.

At any point in the process, Deleo could have made a motion to eliminate the job, but didn't. 

"This is a knee-jerk reaction," Canale said. "We had this discussion many, many times. We had several budget sessions and nowhere did you ask Mr. Molino to take it out of the budget."

Canale called on Deleo to show some leadership and do what's right for the city.

"I voted against this job from the get go," Deleo said, "because that's what the people said. I still work for the people. I'm still against this and I want to get it on the record that I'm still against it and that's what I'm asking for."

At one point, after much discussion, Deleo made a motion, seconded by Briggs, to schedule a budget workshop session for Friday evening.

At such a session, Deleo could make his motion and if it passed -- and even Deleo conceded it wasn't likely to pass -- a public hearing on the amended budget could be scheduled.

After further discussion, City Manager Jason Molino said he had run some calendar calculations, and if the council waits until its March 9 meeting for a vote on Deleo's proposed budget amendment there would be a day or two of wiggle room to get in a public hearing before a final budget vote.

With that, Deleo withdrew his motion for an early meeting.

At several points during the discussion, Molino told council that at no point has the council expressed a request for him to do a budget analysis on the impact of removing the position, both for its impact on the tax rate and its impact on city operations.

By the end of the meeting, no council member made that request.

Genesee Cancer Assistance earns Special Service Recognition Award

By Daniel Crofts

This is the second in our series of profiles of the 2014 Chamber of Commerce Award winners. The awards will be presented at a dinner at the Clarion Hotel on Saturday.

One of Genesee County's most active volunteer organizations is in for a pretty big year. Genesee Cancer Assistance is celebrating its 20th anniversary, and it's being honored with a Special Service Recognition Award from the Chamber of Commerce.

Consisting of two office staff and around 50 volunteers, Genesee Cancer Assistance was founded in 1995 after the American Cancer Society withdrew its services from Genesee County. The organization provides emotional, financial and practical support to Genesee County cancer patients and their families. According to office manager Patricia Arnold, they have helped about 1,700 families and given more than half a million dollars to cancer patients in the last 20 years.

Some of their most well-known annual fund-raising events include the Festival of Hope, 5K Walk, golf tournament and spaghetti dinner.

Their nomination came from Paul Figlow, a member of the Genesee Cancer Assistance board of directors and chairman of the Festival of Hope.

"The reason I nominated (Genesee Cancer Assistance) is that I really think we need to get the word out about what we do," Figlow said.

Three things that make Genesee Cancer Assistance special

If you talk to the people involved, they will tell you that there are at least three major factors that distinguish Genesee Cancer Assistance.

First, all of the money they raise stays in Genesee County and goes directly to those who need it.

Second, everyone involved with the charity has been personally touched by cancer in some way.  Figlow, for example, lost his mother to cancer in 2010.

"Probably about 99 percent of the people involved can give you a story," Figlow said. "Our organization really hits home to a lot of people."

Finally, the people of Genesee Cancer Assistance give their time and effort neither out of necessity nor personal gain, but because they have a passion for it.

“We're blessed with a very strong board presence,” said Steve Grice, board member and golf tournament co-chair, “people who are willing to put the effort in. But we're also blessed with a group of volunteers who don't go out and wave a flag, but are right there when we have an event.  They show up and ask, ‘What can we do? Where do you want me?’ Anything you ask them to do, they'll do.”

Volunteers will also help with technology, advertising, or other areas according to their interest and expertise.

“It’s like God brought them down here,” said Board Member Joe Gerace, who is chairman of the spaghetti dinner fundraiser. “They really are good people. And they don’t complain (about the work). This is really a big family.”

As for Arnold and Sue Underwood, the only two paid staff, Grice said that they go “above and beyond” for their positions.

How Genesee Cancer Assistance works

Each patient is given $400 upon application. This is to help with hospital visits, copays, mileage, hospital parking fees, etc.

"It may seem like a small gesture to some," Grice said. "The money sometimes might seem minimal; but it's really not minimal to someone who's lying in a hospital bed on chemo and just wants somebody to hold their hand, or just sit there and watch TV with them. The family might not have the funds, because of insurance and all that."

Patient advocacy is also a big part of the mission. Staff at Genesee Cancer Assistance will answer, to the best of their ability, questions about any issues or concerns patients bring to them.

"Say a patient calls and says their utilities were shut off," Arnold said. "We will step in and tell them how to go about contacting the utility companies and what has to be done for their heat, for example, not to be shut off."

She said that oftentimes, if a patient can present proof from a doctor stating that the loss of electricity or other utilities would cause him or her harm, then the company cannot shut them off. But there are specific procedures people must go through in cases like these, and Genesee Cancer Assistance can guide them through such procedures.

Other services include referrals to other agencies when necessary (for example, when people have used up the services Genesee Cancer Assistance is able to provide), sharing educational materials with the community, and free Biblical counseling through Grace Baptist Church in Batavia.

"Simply Beautiful"

One of Genesee Cancer Assistance's best-kept secrets is the "Simply Beautiful" program, which is Gerace's brainchild. He runs it with the help of dedicated volunteers Carol Grasso, Joyce Meisner, Karen Roland and Amy Nichols, as well as others.

It is sort of a cross between cosmetic aid and a support group. The first thing Gerace does for everyone once they arrive is try to make them comfortable.

"When they come in, they're very nervous," Gerace said. “And I try to help them out. I give them coffee, or donuts, or fruit. It depends. (Once they feel relaxed), if they don't have a wig, I put a wig on them to show them what they look like."

Patients -- both men and women -- get free makeup and wigs (or hats, if they are not interested in wigs) up to $200 in value, over and above the $400 they receive upon application. Makeup includes artificial eyebrows and eyelashes for those who have lost these as a result of chemotherapy.

"Simply Beautiful" meets on a monthly basis as a general rule, although sometimes this is impossible due to treatment schedules or illness. In those cases, Gerace will do his best to accommodate people's needs.

"They'll either call me up, or call Patty from the office, who says: 'Joe, we got a woman who needs a hairpiece and can't wait. Would you let her come to the office and see if it's what she wants?' I've done that many times."

Gerace started "Simply Beautiful" after being involved with a similar program in association with the American Cancer Society, "Look Good, Feel Better."

When American Cancer Society services diminished in Genesee County, he and his fellow volunteers "had to start from fresh." He was asked to come up with the name for a new program, and was told to "keep it simple."

"And I said, 'Yes, that's a good name -- "Simply Beautiful.” ’ ”

A community effort

Another ingredient in the success of Genesee Cancer Assistance is their ability to form productive partnerships with people in the community.

"There are many people that we have helped who take it on themselves to do their own fundraisers,” Figlow said. “And they basically do it all themselves. These are quite the events -- I'm sure they spend months working on them. (In each case) they tell us about the event, they take care of everything, and then we receive a check every year."

Some of their partners include Paul Berardini of Big Pauly's Pizza, T.F. Brown's, Kiwanis of Corfu-Pembroke, Toni Funke and her "Zumba in the Sand" program, and Michelle Shade, who puts on a "Christmas Angel Festival and Basket Raffle" at Calvary Baptist Church in Batavia every November.

"All the service clubs in Genesee County help us some way somehow," Gerace said, "whether it's the Lions Club, Zonta, Sertoma Club (and others). And Patty Arnold is very good about making sure everyone who helps us gets a thank-you."

For more information on Genesee Cancer Assistance and what they do, call 345-0417.

Photo: Dr. Kevin Mudd, president of Genesee Cancer Assistance Board of Directors.

Applied Business Systems wins Entrepreneurial Business of the Year Award

By Alisia Compton

This is the first in our series of profiles of the 2014 Chamber of Commerce Award winners. The awards will be presented at a dinner at the Clarion Hotel on Saturday.

Applied Business Systems (ABS), owned and operated by Jim and Connie DiSalvo, took the dreary task of stuffing envelopes to new heights when they began their own business three decades ago. They saw a need for businesses to outsource "forms distribution" and it started from there.

Stuffing, addressing, and mailing thousands of letters is an onerous task, often requiring more staff time than many businesses can afford. So developing cost-effective means to reduce the burden of mailing seemed like a worthy enterprise in which to invest.

Today, ABS mails more than four million letters a year for local businesses and others across the country. It is the recipient of the 2014 Entrepreneurial Business of the Year Award from the Chamber of Commerce.

Located in the Harvester Avenue complex, it's another well-hidden success story here in Genesee County, said Paul Saskowski of Genesee County ARC.

ARC has worked with ABS for more than 20 years, and knows firsthand that ABS works hard to cut customer costs and deliver outstanding work on-time, Saskowski said, explaining why he nominated them.

“Mailing individual pieces to thousands of different customers seems like a daunting task,” Saskowski wrote in his nomination letter. “It used to be a secretary typing the paper, folding the paper, stuffing the envelope, addressing the envelope, sealing the envelope, applying postage and taking it to the post office. It hurts just to read the process…ABS decided to take on these tasks and provide that service to customers in the most cost-effective ways possible.”

Their innovation has made a tedious process less "hurtful."

“We’ve taken our knowledge of the forms and printing industry and applied that to our customer’s needs and paying points, and truly, with that type of relationship and partnership, we’ve been able to consistently provide our clients with a great finished piece based on what their business needs were,” said Vice President of Production Steve Samis.

Despite the huge volume forms they handle, ABS has built a great reputation. Saskowski attributes that in part to their emphasis on proper preparation and labeling, as well as their ability to effectively collaborate with clients.

“If the lowest cost comes out of sorting 60,000 pieces to 35 individual zip codes in that county, ABS gets it done,” Saskowski says. “When ARC needed to change their billing procedures for their trash and recycling business, the professionals at ABS helped smooth out the task of billing thousands of new customers."

Whether it's designing forms or logos, or making the database fit, ABS finds ways to meet their customers' needs.

An entrepreneurial spirit helps make that possible. The Disalvos have always had that, but they are probably better known to the community at large for having a lot of holiday spirit.

Each year, around the holidays, the couple treats more than 1,000 visitors to a spectacular light display, known community-wide as “The Lights on Fargo.”

At work or at home, the DiSalvos find ways to shine.

HomeCare & Hospice holds 21st annual Spring Bouquet Sale March 4-5

By Billie Owens

Press release:

The HomeCare & Hospice Guild’s 21st Annual Spring Bouquet Sale is set for March 4 and 5.

Traditional bouquets, consisting of nine vibrant floral stems, and a larger Bouquet of Hope, consisting of 18 floral stems, will be for sale at HomeCare & Hospice offices in Batavia at 29 Liberty St. (and 450 N. Main St., Warsaw).

Proceeds benefit terminally ill patients and their families in Genesee and Wyoming counties. HomeCare & Hospice is the only Medicare-certified hospice provider in those counties. Proceeds will also support services for the frail elderly, disabled and those recovering from advanced illness.

Contact Kathleen Neeson at 1-800-719-7129 or kneeson@homecare-hospice.org, or visit www.homecare-hospice.org for more information.

Scott Doll's motion for dismissal without merit ADA argues

By Howard B. Owens

One of the main issues in a motion by an attorney for Scott F. Doll to dismiss his 2010 murder conviction isn't supported by the court record, Assistant District Attorney Will Zickl is arguing in an answering affidavit released Friday.

Doll's attorney, Timothy Murphy, argued in his motion that investigators didn't have probable cause to detain Doll after he was found in blood-soaked overalls on North Lake Road, Pembroke, the night of Feb. 19, 2009.

Doll was convicted by a jury of murder for beating to death Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business, at the victim's home in Pembroke.

He is serving a 15-years-to-life sentence in State Prison.

The failure of Doll's defense team -- Paul Cambria and Daniel Killilea -- to raise the issue of the detention constitutes insufficient legal representation, Murphy argues.

Zickl counters that Murphy fails to establish a factual basis for his motion. He argues that at the trial court level, the defendant challenged the legality of his detention, including his transport to the Genesee County Sheriff's Office, in his motion to suppress statements Doll made to investigators.

Doll has already lost an appeal on the legality of his being questioned without being read his rights.

An appeals court found that questioning Doll was legal under what's known as the "emergency doctrine." Since investigators had reason to believe a person may be injured and in immediate need of assistance if located, they need not advise Doll of his right to remain silent.

Zickl argues that Doll received a vigorous and well-crafted defense during all phases of the case.

"A cohesive and closely tailored theory of the Defendant's innocence was cogently presented to the jury by the defense team," Zickl writes.

Zickl asks that since the record is so clear, Doll's motion be denied without a hearing.

As for Doll's motion for further DNA testing, Zickl argues that further testing won't produce different results.

"A central premise of the Defendant's motion is that the victim and the perpetrator were involved in a 'struggle' and as a result it is likely that genetic material would be found underneath the victim's fingernails or on his clothes," Zickl writes.

"This theory is not supported in the record. In fact, the record is more consistent with a theory of an ambush and rapid incapacitation of the victim by the Defendant.

"Even assuming, arguendo (for the sake of argument), that the requested genetic testing had produced a profile other than the Defendant's, it would not explain or diminish the overwhelming evidence of the Defendant's guilt, such as the volume, distribution and appearance of the victim's blood on his person, his clothes and his vehicle."

Noonan will rule on the motions at a later date.

For previous Scott Doll coverage, click here.

Two people seriously injured in Bethany accident remain in ICU

By Howard B. Owens

Two of the people seriously injured in a weekend accident that took the life of a young Pembroke woman remain in guarded condition at Strong Memorial Hospital.

Details of the injuries to Brandon Danser, 21, of Batavia, and Jamie Scherer, 21, of Pembroke, are not available.

Strong lists all patients in the Intensive Care Unit as "guarded."

Both were passengers in a vehicle early Saturday morning that was northbound off of Molasses Hill Road, Bethany, when it was struck by an eastbound semi-truck on Route 20.

Alyson D. Krzanak, 18, of Pembroke, later succumbed to injuries sustained in the accident.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC. She was listed in stable condition, but today a patient information operator at ECMC refused to release information on her condition, other than to confirm she hasn't been released.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation.

Law and Order: Driver charged with DWI following alleged hit-and-run in Batavia

By Howard B. Owens

Brian Michael Glor, 43, of Church Street, Oakfield, is charged with DWI and refusal to take breath test. Glor was arrested following an investigation into a hit-and-run accident at 7:34 p.m., Monday, in the City of Batavia, by Deputy Michael Lute.

Steven R. Colombo, 28, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd. Colombo allegedly violated a complete stay away order of protection. He was allegedly found hiding in the pantry of the protected party's residence.

Jimpce J. Etienne, 38, of Buell Street, Batavia, is charged with unnecessary noise. Etienne is accused of playing extremely loud and disturbing music at 11:30 a.m., Saturday.

Kayla D. Joiner, 22, of Schreck Avenue, Buffalo, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Joiner turned herself in and was jailed on $100 bail.

Thomas J. Mitchell, 25, of Batavia, was arrested on two warrants for alleged failure to appear. Mitchell was located and arrested and jailed on $1,500 bail.

Robin A. Pickering, 31, of Croop Road, Clarence Center, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, operation by an unlicensed driver and drinking alcohol in a motor vehicle. Pickering reportedly drove her car into a snowbank on Burke Drive, Batavia, at 4:36 a.m., Friday. The accident was investigated by Officer Matthew Wojtaszczyk.

James Rocco Soccio, 33, of Ross Street, Batavia, is charged with coercion, 2nd. Soccio reportedly went to the residence of a person scheduled to speak against Soccio in a Family Court proceeding. Soccio allegedly threatened to harm the person. 

Jacob J. Camerera, 23, of South Jackson Street, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and two counts of aggravated unlicensed operation, 2nd. Camerera allegedly drove a vehicle toward four other people in a reckless manner on Watson Street, Batavia, at 4:59 p..m., Feb. 15. One of the four people was covered by an order of protection.

A 17-year-old resident of Walnut Street, Batavia is charged with two counts of harassment, 2nd, and criminal mischief, 4th. The youth was arrested following an alleged incident at his residence at 11:30 a.m., Friday.

Kenneth L. Perkins, 51, of West Main Street, Corfu, is charged with criminal mischief, 4th. Perkins allegedly damaged the property of another person.

Heyward Clark Jr., 50, of Whitney Avenue, Niagara Falls, is charged with four counts of endangering the welfare of a child, driving while ability impaired by alcohol, following too closely, driving without a license, and child passenger in back seat not properly restrained. Heyward was stopped at 12:02 a.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jennifer P. Hepp, 32, of Varysburg, is charged with petit larceny. Hepp was arrested by State Police on Friday at a location on Veterans Memorial Drive. No further information released.

Philip D. Stahli, 34, of Lockport, is charged with unlawful possession of marijuana. Stahli was arrested by State Police in Pavilion on Saturday. No further details released.

Harry R. Silliman, 50, of Batavia, is charged with criminal mischief, 3rd, and harassment, 2nd. Silliman was arrested by State Police for an alleged incident at 9:45 p.m., Feb. 17. No further details released.

Monday morning photos

By Howard B. Owens

I went out Ellicott Street Road to the new road heading into the ag park with a picture idea in mind. 

This isn't the picture, but I liked it better than my original idea.

Below, a snowman I spotted in front of a house on Ellicott Street Road.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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