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Billie and I along with Lisa Ace would like to wish you and your family a Happy Thanksgiving.

Every year we remain thankful for the support of our readers and sponsors. We truly enjoy living in Genesee County and providing news coverage for our community. We've made a lot of friends here and without the support of our friends and neighbors we could not continue doing what we do. Thank you.

What would you consider the seven treasurers of Genesee County? If you think there is anything that's been left out for consideration and should be included in a future revised poll, leave a comment.

Sunday morning Bill Cultrara, owner with his wife, Patti, of Delavan's Restaurant at 107 Evans St., Batavia, received a phone call from his cook. He quit. No notice. No reason. No explanation. Nothing. He was done.

The last time that happened about six months ago, Cultrara vowed that if happened again, he would close the restaurant, so Sunday, that's what he did.

By Tuesday afternoon, Tony Mancuso was hanging a "For Rent" sign on the building.

"He (the cook) left us high and dry," Cultrara said.

Patti said another cook quitting was just too much.

"We've been through 16 cooks in five years," Patti said. "That's all we could remember. There's others. We could remember their tattoos but not their names."

The last cook was a good employee, Bill said. He didn't smoke. He didn't gab on his mobile phone. He showed up for work. If he had a problem, he never let Bill know about it, he never offered to discuss it.

Bill said finding good professional cooks who are willing to work is just getting harder and harder.

"The restaurant business is very stressful," Bill said. "You don’t know if you’ve got a cook everyday and people are calling in sick all of the time. I’ve had enough. The stress is off of my shoulders."

Bill has a full-time job with the Sheriff's Office as manager of food services for the jail. Patti already has two new job offers lined up, including working as the Tuesday and Thursday afternoon bartender at the city's newest restaurant, Daphne's. 

He said closing the popular restaurant where he and Patti made so many friends over the years was bittersweet. He hates closing. He's glad to be rid of the stress.

Bill and Patti met at 107 Evans St. when the location was a bar and grill in 1971. Eventually, they owned the business and the building. At one time they thought they would take over Alex's Place, but when that didn't work out, so they reopened Delavan's.

With the restaurant closed for good, Bill said he will still take orders for his popular sausage and they're still selling his famous wing sauce.

So long as Bill keeps the books open on the business, which he plans to do, the variance to run such a business in its residential location will remain valid.

Bill hopes somebody will come along who wants to run a restaurant and bar in the building. Whomever it is, he says, needs to have restaurant experience. He's not going to turn the location over to somebody who he doesn't think can make a go of it.

The person who gets it and is willing to maintain the same "Cheers"-like neighborhood tavern and restaurant ambiance might find a built-in customer base. Delavan's remained very popular with a large group of loyal customers right up until its final day of business, which was Friday.

"It would be good for somebody who came in here and had a lot of energy," Bill said.

NOTE: If you purchased a gift certificate from Delavan's, or received one as a gift, you have until Dec. 31 to redeem it. Mail it to Delavan's at 107 Evans St., Batavia, NY 14020.

But if you purchased a gift certificate from The Batavian in the past 30 days, mail it to our office at 200 E. Main St., Room 5, Batavia, NY 14020. We will refund your purchase price through PayPal.

Binghamton is about to lose its Double AA baseball team to Ottawa, according to Baseball America, and city officials in Binghamton are rumored to be in talks to buy the Muckdogs.

The story relies on unnamed sources and contains no official confirmation of the move by the Met's franchise to the Canadian city.

City crews are just about wrapping up repair work on a water main break on Evans Street that has left only a few area residents without water since about 11:30 a.m.

The break occurred, according to Matt Worth, superintendent of water and sewer, while Batavia firefighters were doing some training involving a nearby fire hydrant.

The water outage was from Evans up to a portion of Maple Street.

Worth said the broken line is about 80 years old.

UPDATE As of about 6:30 p.m., the break was fixed and residents in the area should have normal water pressure restored, according to Worth.

The Genesee County Legislature voted 5-3 Tuesday night to continue for another year funding GCEDC to the tune of $213,000.

A motion by Legislator Ray Cinanfrini to cut funding by $100,000 unless the GCEDC board declines to pay out bonuses to employees for 2012 failed with only Frank Ferrando and Marianne Clattenburg supporting the proposal.

The motion came after a 90-minute session that included a presentation by GCEDC CEO Steve Hyde about the work of the industrial development agency, a closed session on pending deals and personnel and, finally, a discussion on Cianfrini's motion.

"They're going to pay incentives," Cianfrini said. "They're going to pay incentives, I'm told, out of money other than what we put in for operating expenses, which tells me, they have the money available to pay those incentives. The question arises -- do you need our taxpayer dollars to fund your operation?"

That was exactly the point Hyde made during his presentation. He said that while profits (flowing through the GCEDC's sister nonprofit corporation, the GCLDC) help fund GCEDC's operations fund, the $213,000 provided by county taxpayers is critically important to the GCEDC balancing its $1.2 million operating budget.

Hyde said the money provided by the county helps pay base salaries and is not used for incentive bonuses. The bonuses are paid entirely, he said, out of revenue generated by GCEDC/GCLDC projects.

In 2012, the agency worked on 33 projects that represent $223 million in investment and the promise of 400 jobs, Hyde said.

Since 2003, GCEDC can tally 335 projects, $820 million invested and 3,500 pledged jobs.

Projects that received waivers on property tax increases since then now account for $3.5 million of property tax revenue in the coffers of various government agencies and in 10 years that total will exceed $6.4 million.

The money from the county, Hyde said, can help "remake our community and region and put money back in people's pockets."

Cianfrini's motion received support from two of the City of Batavia's three representatives.

Ferrando said there is no doubt Hyde and his team have done a great job in bringing business to the county and creating jobs, but the problem with the bonuses, he said, isn't about whether they're deserved, but with the political perception by residents.

"There is no way that I can honestly say that the people I represent can seperate what we give to the GCEDC from the bonuses and from the salaries," Ferrando said. "It just isn't going to happen. I don't think that's fair. I certainly don't think it's fair for Steve because he's sitting hear dealing with an issue he shouldn't have to deal with. But as long as that money is tied that way, I don't think there is a public relations program out there will be able to convince them them differently. "

From Clattenburg's perspective, GCEDC just hasn't done enough to help the City of Batavia. She noted that according to census figures, one-fifth of the city's residents live below the poverty level and she doesn't see Hyde and his team doing enough to generate revenue and jobs in the city.

"My territory is counted in streets, not acres, and I walk those streets and I see what the income level of my neighbors are, what their houses are worth and some areas are poorer than others," Clattenburg said. "A long time back you guys had a strategic vision for this county and it's been fulfilled to its hilt. We see it all around us.

"But somewhere along the line this strategic vision did not include us. We represent 25 percent of this county's population in just five miles, so it would be nice to see the governor here."

Ed Dejaneiro, who also represents the city, said that while he agrees there needs to be a break in the perception that taxpayer money is being used to fund bonuses for GCEDC staff, contractional obligations might prevent the board from paying bonuses for 2012.

"There are a lot of very good arguments that were made with respect to public funds and how those public funds are given and how we're looked upon as contributing to incentive payments instead of the nitty-gritty operational or project monies," Dejaneiro said.

"It's hard for us to justify with the public how this money is being spent, but I think the long and short of it is that we like what they're doing. It's a successful agency and it's one that depended on that $213,000 that we were going to contribute."

Legislator Esther Leadley, Robert Bausch, Shelly Stein and Mary Pat Hancock all spoke against Cianfrini's motion to cut funding.

Leadley said there is a false perception floating about that all of the county residents are opposed to the county giving money to GCEDC and the bonuses paid to Hyde and the rest of the staff.

"There is this implication that all of the legislators have received an enormous amount of push back on GCEDC," Leadley said. "I have not. I have heard from some people, but it has not been an absolute rush to condemn this."

Leadley said that executives from the Quaker-Muller yogurt plant have told her that a key factor in PepsiCo picking Genesee County for their facility was that Genesee County and the legislature had "skin in the game," by making a financial contribution to grow the local business community.

Bausch compared Clattenburg's experience with his own. He said when he walks around his community he passes the buildings of two companies that would not have businesses in Genesee County now if not for GCEDC.

"I've heard from constituents on both sides," Bausch said. "When I hear from the negative side, my answer has always been the same as it is now. I wish the bonuses paid were three times the amount because that would mean we had three times the jobs for our community."

Stein, who is the legislature's representative on the GCEDC board, said that it is the business community that creates the jobs that make it possible for government to function, therefore it is critical for the legislature to support GCEDC.

Hancock made the most impassioned defense of GCEDC.

"The particular investment that we have in this organization, one for 16," Hancock said. "One dollar for 16. Do the math. We need skin the game."

She also defended Hyde from some of the public attacks he has been subjected to over the past few years.

"We're always talking about the people who go away to make money and be successful," Hancock said. "We've got somebody here from our own county, from the Batavia School District, that went away, came back and became a big tiger. He's a big dog in his particular area. Where's the pride? That is super. That is super."

UPDATE: Point of clarification, Legislator Annie Lawrence was unable to attend the meeting.

You already love The Batavian. We appreciate your daily visits to our site and telling your friends about the stories you read here and supporting our sponsors. Now we're asking for your direct financial support. Reader support will help us grow and become better at what we do.

We've set up four membership tiers -- Subscribe to the club monthly as one person or as a household, or annually at either of those levels. 

Currently, the primary benefits of joining are a membership card and bumper sticker. As the club grows, we'll work with local businesses to provide club-exclusive discounts and special events. The more people who join, the better and more frequent the offers.

It's important to note, this isn't a subscription to read the site. Our stories remain free to read. This is a membership club with benefits (and we'll add benefits as it grows).

Special Offer: Join with an annual membership before Dec. 15 and receive at no additional cost a 2013 calendar of Genesee County Photos by Howard Owens.

Join via PayPal below, or for annual and one-time memberships paid by check, click here to download this form (monthly, recurring payment memberships must be via PayPal (soon we'll be able to accept credit card payments separate from PayPal).

Monthly Single Membership - $5 per month
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Includes two membership cards and two bumper stickers and entry into iPod Nano drawing.

 

Annual Single Membership - $50 per year
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Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

 

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Includes two membership cards and two bumper stickers and entry into iPod Nano drawing.
Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

 

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Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

One-time Payment Options Option 1 $80.00 USDOption 2 $100.00 USDOption 3 $120.00 USDOption 4 $150.00 USD  

Advance Order a 2013 Calendar - $25
Photos of Genesee County by Howard Owens. Some of the photos you've seen on The Batavian, some have not been published on The Batavian before.

Number of Calendars 1 Calendar $25.00 USD2 Calendars $50.00 USD3 Calendars $75.00 USD4 Calendars $100.00 USD  

 

Note: When the grand jury indicts individuals who have not been arrested, the indictments are sealed until the suspects are arrested and arraigned in county court. There have been a spate of recent arrests on sealed indictments. At the request of The Batavian, the District Attorney's Office today released all of the recent sealed indictments that have led to arrests. Some of these arrests have already been reported, but the indictments may contain additional relevant information.

Shawn Lardner is indicted on two counts of of criminal sale of a controlled substance, 3rd. Lardner is accused of selling oxycodone on Dec. 14 at the intersection of Peviner Road and Route 98, Alexander. On Dec. 15, Lardner allegedly sold oxycodone at the same location.

Robert Andreasen is indicted on counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Andreasen is accused of possessing and selling cocaine in the parking lot of Pizza Hut/Dollar General in Batavia on Feb. 4.

Randy Wilmet is indicted on a count of criminal sale of a controlled substance, 4th. Wilmet is accused of selling hydrocodone at a location on Ross Street on May 23.

Tracey Cook is indicted on two counts of criminal sale of a controlled substance, 3rd. Cook is accused of selling hydrocodone at 52 Columbia Ave., Batavia, on April 4 and April 18.

Cody Bush is indicted on a count of criminal sale of a controlled substance, 3rd and two counts of criminal sale of a controlled substance, 4th. Bush is accused of selling oxycontin at a location on North Street, Batavia, on April 19. He is accused of selling hydrocodone at 162 Bank St., Batavia, on May 4, and of selling suboxone at 412 E. Main St., Batavia, on May 17.

After posting our pictures this morning of the Bethany Center Road bridge, we contacted some of the officials who might be able to provide information about potentially replacing the decaying structure. Here are the responses we received.

From Lori Maher, spokeswoman for the Department of Transportation:

The Bethany Center Road bridge over Route 20 in Bethany is open and safe for traffic despite its poor visual appearance. It is a candidate for future funding and will be competing for funds against other transportation needs in the seven-county area.

In a follow-up, Maher said no date for replacement has been scheduled.

Assemblyman Steve Hawley:

There are currently 2108 structurally deficient bridges in New York State, 214 in the Rochester Finger Lakes Region, with 123 bridges located in the 139th Assembly District. The Bethany Center Road bridge is slated for repair in 2015 once funding is approved. We are working diligently and directly with NYSDOT and our federal representatives to procure our equitable and fair share of funds to assure our motoring public and commerce are safe.

Daniel Aikin for Senator Michael Ranzenhofer:

Our district office has not been previously contacted about this specific bridge project, the decay and repair of the Bethany Center Road Bridge. Even though the bridge is located on a county road, the State Department of Transportation may have jurisdiction over the bridge since it crosses a state road, Route 20. Senator Ranzenhofer represented residents at the county level for many years, and he always makes an effort to assist with local infrastructure projects. As a state senator, he has been active in working with DOT officials -- both locally and in Albany -- on specific road and bridge projects. Our office has reached out to the State Department of Transportation for more information regarding this project.

From Grant Loomis, spokesman for Congressman-elect Chis Collins:

Upon taking office in January, Congressman-elect Collins will work hand-in-hand with local leaders to advocate for the necessary amount of federal matching funds to assist local communities in repairing and replacing aging infrastructure to ensure safety for the traveling public.

The Village of Corfu's newest part-time police officer made a bit of news earlier this year when his name surfaced as part of an alleged prostitution scandal involving a Buffalo-based state trooper.

Michael L. Petritz, 33, was suspended by the State Police in April and has since resigned from the force, though he's never been accused of criminal conduct.

Sgt. James Meier, Corfu police supervisor, said he completed a background check of Petritz before recommending him for the job.

"He wasn't engaged in criminal conduct," Meier said. "He was at a location he shouldn't have been at. He had no involvement with the parties whatsoever. There were never any criminal charges against him."

Petritz's suspension followed allegations of involvement with prostitution against Trooper Titus Taggart, an 18-year veteran of the State Police assigned to Troop T. Taggart was accused of organizing parties that may have included prostitutes. Taggart was eventually fired.

The only allegation against Petritz at the time was "misconduct," with no public disclosure of what that may have entailed.

Meier said he spoke to several people who knew Petritz, including supervisors, who all had good things to say about the former trooper, who, according to Meier, regularly led all of Troop T with the most citations issued.

"I personally did the checking into this guy," Meier said. "The people I talked to, especially his supervisors, said we were getting a highly trained, highly capable police officer. They all said we should be proud to have him."

The sentencing has been delayed for a Le Roy man who fled to South Carolina after being charged with assault in the second degree for punching and kicking another person in the head in October, 2010.

James Russell Kosiorek, 20, formerly of Myrtle Street, was scheduled to be sentenced today, but Noonan postponed his decision until a more current mental health report could be produced.

A fugitive for a year, Kosiorek was returned to Genesee County in August after a potential employer's background check turned up a warrant.

Last month, Kosiorek entered a guilty plea to the assault charge with an agreement that his bail jumping charge was also satisfied by the plea. The sentence cap is one to three years, but Noonan could impose a lesser sentence, including probation or local jail time for less than a year.

After a lengthy statement by Kosiorek, which he tried to read, but Public Defender Gary Horton had to complete after he broke down crying a couple of times, Noonan asked to speak to Horton and ADA Kevin Finnell in a sidebar.

After the private discussions, Noonan said the issue was about the apparent incomplete mental health report in the presentence report. There was no information about mental health treatment -- or not -- after 2008. Noonan said he couldn't determine an appropriate sentence without that information.

Kosiorek's statement, he said, was the product of much reflection and a sincere desire to do the right thing for his fiance and baby daughter.

"I've promised her a better life than I've had for myself," Kosiorek said. "I will make it happen for her no matter what it takes and in the proper manner."

Prior to the assault, Kosiorek had never been in trouble with the law. He said the assault was a mistake that he regrets.

According to Kosiorek, his older brother died in his arms when he was 13 and as a result he developed a negative viewpoint.

Running away after he was arrested, he said, was an immature reaction, which he regrets.

While in South Carolina, Kosiorek became a father, got a job, rented an apartment and stayed out of trouble.

"I love them both so much," he said.

He also started attending church regularly, he said, and became very devout.

While it was his ambition once to enter the military and make it a career, if a felony conviction means that's no longer possible, he said he intends to go to college and become a better person.

"I want to be somebody who does something that matters," Kosiorek said. "I know I was wrong."

The number of people working in Genesee County in October is higher than in 2011, but so is the unemployment rate, according to figures released today by the Department of Labor.

There are 30,200 people working in the county, the DOL reports, which is up from 29,700 a year ago; however, the unemployment rate year-over-year went up from 6.8 percent to 7.2 percent.

The state counts 2,300 unemployed people in the county for October 2012 and 2,200 a year ago.

There were 30,300 people employed in the county in September 2012 and the unemployment rate that month was 7.1 percent.

In light of Highway Superintendent Tim Hens' statement to the county legislature yesterday that the state (using federal funds) has no immediate plans to replace the Bethany Center Road bridge over Route 20, I drove out there this morning to get some up-close pictures of the actual state of the bridge. Some readers may never get out there and may never see it.

Tim Horton's is moving forward with plans for a new location in Batavia, on Lewiston Road, near West Main Street Road, and the company cleared another regulatory hurdle Monday night.

The Town of Batavia Zoning Board approved a setback variance for the restaurant building, allowing the structure to be located about 15 feet from the property line.

The current, vacant, building is 10 feet from the property line and the local zoning law requires a 30-foot setback, unless a variance is granted.

The zoning board approved the variance unanimously.

The board also completed a short-form environmental review and found that the one issue to be resolved is what traffic impact a Tim Horton's will have on the already busy intersection of Lewiston and West Main.

A couple of area residents spoke out against the proposed location saying additional traffic will make an already bad intersection all that much more dangerous.

A Department of Transportation traffic study for the proposed site has already been ordered and the town's planning board will take up that issue and any other issues at a public hearing Dec. 5.

Bob Bender, real estate project planner for Tim Horton's, said he doesn't know what the traffic study will show and didn't speculate about any findings.

There would be two ingress and egress points to the proposed location, one off of Lewiston Road and the other off West Main Street. The blueprint shows the West Main driveway in the same location as this tree.

The building will be 1,953 square feet.

A franchise owner for the location will not be announced until the project is approved, Bender said.

If the project is approved, construction would start in March or April.

The county will spend $375,000 this year to do a comprehensive review of all the bridges and culverts in Genesee County, though its unclear yet how replacement and repair of tired old bridges will be funded.

The legislature has discussed a bond issue for bridge and culvert replacement, which may be necessary because the pot of money from the state and feds for highway work is getting smaller and smaller.

More fuel-efficient cars and people driving less is putting a squeeze on gas tax revenue. At the same time, according to County Highway Superintendent Tim Hens, the cost of asphalt, concrete and steel is skyrocketing.

"It sounds kind of funny that fuel-efficient cars is a bad thing for highway funding, but the way our gas tax is set up, it’s a set amount per gallon," Hens said. "It’s 18.4 cents per gallon, that goes to our highway bridge trust fund. As vehicles become more efficient they use less gas, people drive less overall because of public transit, (so) the actual revenue generated by that set amount tax drops over time."

The funding squeeze on federal highway grants has the state being more judicious about how it allocates funding, Hens said. Bridges on heavily traveled interstate highways are getting the priority, which from an engineering standpoint, Hens said, is understandable.

Some some bridges -- such as the Bethany Center Road Bridge over Route 20 -- that are in dire need of replacement are being left to decay.

The Bethany Center bridge has lost so much concrete to weather and age that rusted rebar is now visible in spots.

It was originally scheduled for replacement in 2011, but cuts in funding pushed the project to at least 2015, Hens said, and now it doesn't look like it will be replaced even then.

For the county's bridges, several -- such as South Lyon Street and Stroh Road -- have been pushed back on the replacement schedule because of fewer federal dollars and higher costs.

Still, the planned capital review project for bridges and culverts will allow engineers to inventory and inspect the county's bridges and determine their current state of possible disrepair. That work will help the county better prioritize the limited resources for bridge and culvert replacement.

The funding for the project is part of the county budget and comes from the 1-percent sales tax for capital projects.

As for the drop in fuel tax, Hens said state and federal officials have floated the idea of making the fuel tax a percentage of the overall sale so the amount paid fluctuates with the price of gas, or simply adding as much as 40 cents per gallon to the price of gas.

Hens doesn't think either idea will get much political support.

There's also the idea of using a car's black box -- all newer cars have them -- to record and report miles traveled. Drivers would then pay an additional tax when they file their tax returns with the IRS.

Hens didn't take a position on any of these ideas, he just said that's what's being discussed in Albany and Washington, D.C.

The Ghost Riders have released a new CD -- 34 songs recorded live from 2008 through 2011 at the annual Stafford Carnival Father's Day Jamboree.

The CD is available at all upcoming Ghost Rider gigs.

 

 

 

 

 

 

 

Billie and I always appreciate running into people around town who shower The Batavian with praise. We always love to know that people appreciate our work.

We've always asked our fans and supporters to help The Batavian thrive by supporting our advertisers, which you all have been great about doing.

Now, to help us grow, we're asking you to support The Batavian through direct financial contributions by joining The Batavian Club.

Today, 19 people signed up, which we find is a pretty great start to getting this new idea going.