Stories from

Lt. Gov. Bob Duffy stopped in Batavia today to draw attention to cost savings for Genesee County, and other local governments, from recently enacted pension reform.

The plan could save the county $186 million over 30 years, though most of that savings is deferred as employees hired before the new Tier 6 plan was passed either quit or retire.

Chamber President Lynn Freeman said pension reform is critical for a region long seen as burdened by taxes and regulation.

"I live in Le Roy and it's discouraging sometimes to watch the two-, three- and four-employee company leave our community," Freeman said. "One of the reasons they are leaving is driven by our taxation.

"What's happened to us with our mandates has caused those taxes to go up and up and up every year. What the governor and lieutenant governor were able to accomplish last week is truly remarkable."

Mary Pat Hancock, chairwoman of the Genesee County Legislature, said the reform is one big part of needed mandate relief for local government.

In Genesee County, in the past 10 years, the cost of government mandated pensions has gone from $400,000 a year to $4.4 million.

"I’m proud to have supported the governor and his effort to bring fiscal responsibility back to Albany and relieve localities of this out-of-control mandate," Hancock said.

The reform won't effect government employees with even one day on the job before the reform was passed, Duffy said.

"If this was done 10 years ago we wouldn’t be having this conversation," Duffy said. "If we did it back then, we wouldn’t be in the situation we’re in today."

Hancock, who is also president this year of NYS Association of Counties, said the biggest unfunded mandate weighing down on counties is skyrocketing Medicaid costs.

Duffy said a recently initiated plan by Cuomo will help control costs, but not totally eliminate the Medicaid burden for counties.

At the end of three years, all cost increases will become the responsibility of the state, Duffy said.

"I think you’re seeing big steps right now in trying to lower the costs for local governments," Duffy said.

Duffy, who said he has relatives who live in Batavia, said that Genesee County is on a roll in attracting new business, pointing to the recent successes, particularly, with the Genesee Valley Agri-Business Park.

"This is place is starting to move," Duffy said. "I think it points to the great potential this area has."

Currently, the Genesee County Economic Development Center is seeking legislative support to fund shovel ready development of the STAMP Project in Alabama.

Duffy said he isn't familiar with the project but said the governor's office will follow the recommendation of the Finger Lakes Regional Economic Development Council.

"The governor looks for any way to support anything that grows jobs and grows the economy," Duffy said. "As a lifelong Upstate New Yorker, I'm amazed at the level of attention that is now paid to Upstate.

"I haven't seen the project on paper yet. But I think, as with any project, it might not get a line item in the budget yet, but if it's plausible, you will see people line up to try and make it happen."

Top photo, Duffy; inset, Freeman.

Nearly two dozen students and faculty members are walking around Batavia High School today with quite a bit less hair.

They all participated in a fundraiser and show of support Wednesday evening for Brandon Johns, a Batavia Middle School student afflicted with cancer.

The event was organized by BHS National Honor Society and conducted in conjunction with BHS Spirit Week.

Head shaves were provided by stylists from Total Image Hair Salon and following the shaves, students and faculty participated in a volleyball game.

Photos and information submitted by Steve Ognibene.

Executives from PepsiCo and the Muller Group will be keynote speakers March 23 at the Genesee County Economic Development Center's annual meeting at the college.

The two companies are behind Project Wave, the $206 million yogurt plant being built at Genesee Valley Agri-Business Park.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group -- who was in town when grading started in November although Pepsi's involvement was still officially a secret -- will be joined for a keynote presentation by Hanno Lehmann, a senior project manager from the Mueller Group.

Wave Holding, LLC -- the official name of the joint venture -- is expected to employ nearly 200 people in the near term and perhaps as many as 600 people if the new line of Greek yogurt is as successful as Pepsi and Muller project.

The new joint venture is receiving more than $11 million in tax abatements to build the plant in Batavia, which was initially not even a top-tier choice in the site selection process.

Also speaking at the event will be Rep. Kathy Hochul, State Sen. Michael Ranzenhofer, Assemblyman Steve Hawley and County Legislature Chairwoman Mary Pat Hancock.

GCEDC CEO Steve Hyde will make a presentation on some of the agency's 2011 highlights.

The luncheon is from noon until 1:30 p.m., March 23, at Genesee Community College. Tickets are $15 or $20 at the door. For reservation and tickets in advance, call 343-4866.

Would you pay a subscription fee to access newspaper stories online?

Democrat and Chronicle: D&C to offer subscriptions that include digital content

Pembroke eked out a narrow victory over Notre Dame in the semifinals of the Mock Trial Tournament Wednesday.

The four remaining teams faced off in Warsaw.

While Pembroke won on points against Notre Dame (101 to 99), splitting the match 1-1, Attica beat Warsaw handily, 124 to 88, taking both sides (prosecution and defense) of the match.

Pembroke and Attica will square off at 5:30 p.m., Monday, in the Genesee County Courthouse with Judge Robert C. Noonan on the bench.

Which ever team wins Monday, it will be the first time in the history of the local tournament that a team other than Batavia won. Batavia went 1-3 in early competition and was knocked out before the quarterfinals.

The photos in this post are of the Notre Dame and Pembroke teams.

Notre Dame team members: Meghan Zickl, Anneliese Aliasso, Andrew Fischer, Matthew Sausher, Kendra Wall, John Lapple, Ariana Aliasso, Rosalie Mortellaro, Jake Krajewski, Brittany Perzia, Caleb Nellis, James Spear, Anna Arner, Natalie Mouton, Katie Fischer, Andrew Cheverie and Rosemary Fulmerfeld.

Pembroke team members: Dean Cullinan, Patrick Burns, Joelle Fugle, Cale Fryer, Rachel Seweryniak, Andrew Renolds, Brett Jones, Brandon Kohorst, Bea Reiner, Christian Burns, Eva Reda-Kenrick, Karen Globm, Justin Sformo and Sabrina Sanner.

Previously: Batavia knocked out of Mock Trial Tournament early; four teams left to vie for title

If you're unable to view the slide show, click here. To purchase prints of these photos (parents, you can't get these photos anywhere else), click here.

In a very short time, Genesee County has become a big player in the global agricultural community, Jim Vincent told the Ways and Means Committee on Wednesday. He's vice chairman of the Genesee County Economic Development Center Board of Directors.

Vincent commented little during the half-hour meeting in which CEO Steve Hyde provided a quarterly review for members of the county legislature. But he did note that with Alpina building here, followed by Pepsi/Theo Muller and now Bonduelle buying food processing plants in Oakfield and Bergen from Allen's Foods, Genesee County's place in the ag community has been transformed.

Hyde pointed out that the Bonduelle purchase probably saved more than 250 jobs in Genesee County.

Allen's may have been on the verge of closing the plants if they hadn't been sold, Hyde indicated.

While GCEDC wasn't directly involved in the purchase, officials have been speaking with Bonduelle executives and something may be in the works to help the company grow locally.

The four plants purchased by Bonduelle are the first production facilities owned by the France-based company in the United States.

Members of the committee and other legislators at the meeting made few comments and asked few questions.

Hyde was able to point to other successes for GCEDC and its business development partners, such as Java Equipment planning a location in Batavia and Premier Credit opening a phone room on Mill Street.

Hyde said Premier initially planned on 50 jobs -- which pay $12 an hour plus incentives -- but may soon add another 50 positions.

VP of Business Development Chris Suozzi deserves a lot of credit for bringing both Premier and Pepsi to town, Hyde said.

According to Hyde, when GCEDC first learned of Pepsi's plans, the Genesee County Agri-Business Park was only on the B-list.

But Souzi started working his contacts and managed to convince Pepsi officials to make a site visit.

"After the site visit, we went from the B-list to the A-list, from one of 16, to one of the final four, and then being very fortunate to land this project," Hyde said.

Hyde also gave credit to Sen. Michael Ranzenhofer for giving a "yeoman's effort" on behalf the STAMP project in Alabama. GCEDC needs to secure $18 million in grants and Ranzenhofer has been instrumental in arranging key meetings with Senate leaders and lining up support for legislation that might make it possible.

Vincent told legislators that for every dollar the county government invests in the GCEDC, a total of $18.60 is returned to the local economy.

Hyde said that when he started with GCEDC in 2002, the agency and its affiliates did $600,000 in revenue. This last year, it generated $4.4 million in revenue. It turned a profit of $1.3 million.

"Those profits, of course, go right back into helping us create shovel-ready projects," Hyde said. "We try to build our community, build our tax base, create jobs and create success for our community."

A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.

Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.

"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."

Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.

Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.

"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."

Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.

"I was young and rebellious," Gillette said.

Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.

Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.

Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.

At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.

Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.

Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.

"This very easily could have ended up in a terrible tragedy," Noonan said.

Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.

The mother of two girls who were sexually abused told Judge Robert C. Noonan today how the man who victimized them had potentially ruined their lives.

"His abuse has cast a shadow that is the length of a lifetime," the woman said.

Both the woman and her two daughters asked Noonan to give the abuser the maximum 14-year sentence available under the law, and that's just what Noonan did.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, will serve two consecutive seven-year terms in prison after completing his current term on a prior sexual abuse conviction.

On Jan. 26, Dioguardi was convicted by a jury of using force to have sex with a child age under age 11.

Dioguardi tried to convince Noonan that he wasn't a monster and that a minimum sentence would give him a chance to get out into society and prove he could live a normal life.

Sexual abusers and rapists, Noonan explained, aren't the people who look homeless and creep out of bushes. They are often people the victims know.

"The fact is, you are intelligent, you are well-spoken, you are charismatic, you are loved by your people, but the fact that you are that kind of person and would commit the kind of crime that brought you here today does make you the kind of monster they (the prosecution and the victims) say you are."

One of the sisters who was victimized by Dioguardi said she is slowly learning to put her life back together, but the crime hasn't been easy on her sister.

"He's put her in a very dark place and I can't get her back," the girl said. "It makes me very, very mad."

The girl explained how even on tests when she comes across the name Tony or Anthony, she scribbles it out. She can't even stand to see the name, no matter what it might cost her in test scores or anything else.

"I call him a scumbag now because that's how I view him," she said. "He ruined my sister's life. He deserves to hear what he's done. I hope everything I say is getting into his brain because he deserves to hear it."

The girl said she hopes someday to have a job that will help victims of sexual abuse. Her mother later said the girl has said she hopes to go into law enforcement some day.

Dioguardi, shackled and in state prison garb, sat stone-faced and didn't move as his victims spoke.

"There is no amount of remorse I can express to tell you how sorry I am," Dioguardi said when it was his turn to speak. "I know it's my fault. I want them to know it's not their fault. It's mine."

Noonan said Dioguardi sounded only sorry to the point that he wanted to get a shorter prison term.

The mother of the victims said she wanted a sentence suitable to the crime.

"If I could have it my way, this useless pathetic excuse for a man would be put away forever and in darkness like my daughters have been in," she said.

State Police have confirmed, according to WBTA, that the bodies of two men found floating in the Genesee River were that of David and Michael King.

The King brothers, from Oakfield, had been missing since Feb. 19 when they apparently tried to cross I-390 at a spot, unbeknownst to them, that was nearly 100 feet over the Genesee River.

Stafford Fire Department is extinguishing an apparent controlled burn at 6505 Prentice Road, Le Roy.

A first responder reported, "It looks like somebody went to lunch," and reported finding a can of oil, matches and a rake.

The call came in as a grass fire. First responders reported finding a hedgerow fire.

A chief informs dispatch that the homeowner has been advised of the open burn law.

UPDATE 1:29 p.m.: A chief tells dispatch, "The homeowner is arguing with us that agriculture is exempt from burning laws." The fire is out except for a couple of smoldering spots. Stafford is back in service.

View Larger Map

It's hard to argue that spring is here. After all, Mother Nature has given her stamp of approval with blooms in abundance.

Above, the magnolia tree at the Holland Land Office Museum is starting starting to produce some color.

There's no surer sign that spring is here than the forsythia in bloom. It's time to prune your rose bushes.

A field of crocus have sprung up in front of a house on Oak Street.

It's Kicks Butt Day and members of the Pembroke Intermediate School SADD Club (Students Against Destructive Decisions) protested at their school against the marketing tactics of Big Tobacco wherein cigarette companies deliberately target teens as potential customers.

Photos submitted by Aaron Brown.

A plan for Ken Mistler to remodel the patio of the former South Beach Restaurant on Main Street received glowing reviews and eventual approval from members of the city's Design Review Committee on Tuesday.

The board opened its meeting with a field trip to South Beach were Mistler explained the concept.

Mistler intends to enclose the patio, but use retractable glass panels (something like a garage door made of glass panes) so that he can operate the patio as a bar, dining room and music venue 12 months out of the year.

"We'll close the windows for weather or when it's windy," Mistler said.

The concept has already received a positive recommendation from the Genesee County Planning Board and once the Design Review Committee approves his final plans in 30 days, Mistler will be able to proceed with construction.

Mistler is planning a Southwestern/Western theme with urban flair for the new restaurant and bar. It will be called City Slickers.

While the restaurant continues to cater parties in the basement bar and dining area, Mistler is completely remodeling the inside of the bar and dining area (the new custom-built wooden bars are stunning).

He expects to open City Slickers around the third week of April.

Photo below: Mistler holds a picture of the former Kiwanis Park that was west of South Beach from before Mistler remodeled it to the present patio.

I think every picture I've seen of the Batavia Downs sign so far has been from the more straight-on position north of the track. Recently, I've been experimenting with angles more to the south.

Taken this evening off West Main Street, almost behind the Lambert's store.

This summer, the Town of Batavia will build a small boat launch -- for canoes and kayaks -- behind Kiwanis Park, giving visitors and local residents a way to easily access the Tonawanda Creek between the city and East Pembroke.

There was a time -- in the early 20th Century -- when the Tonawanda in Batavia was more favored by local residents seeking recreation.

Officials with the town and the Soil and Water Conservation District hope the boat launch is just one more piece in place toward transforming the small river into a recreational asset again.

"We definitely want to encourage recreational use," said George Squires, conservation district manager. "Canoeing, kayaking, fishing, taking a look at nature -- there's a whole lot of things going on along the creek that people probably won't see if they aren't paddling along the creek somewhere."

The boat launch is being paid for with a $6,000 grant secured by the conversation district.

The town is supplying the design and engineering work.

Tom Lichtenthal, assistant town engineer and highway superintendent, said it will take two months to complete the permits.

Squires said he's hoping for a July 4th opening.

The launch will be constructed along an inlet stream that runs between Kiwanis Park and the former location of the Batavia Motel (acquired by the Town of Batavia).

Lichtenthal explained that there will be a path from the parking lot down to the water and a stone launch for the boats.

Only small boats will be allowed to use the launch. If the boat needs to be hauled by a trailer, it's too big.

While it's not part of the plan, Lichtenthal said he dreams of the day there might be funding to create a walking path -- or paving for bikes, too -- from River Street in the city to East Pembroke.

Some time in the middle part of the 20th Century, the creek apparently lost some of its appeal for recreational use.

Squires suspects property owners who adjoin the publicly owned waterway and creek banks restricted access.

Or it could have been the dredging of the creek, making its banks steeper and therefore harder to access.

Lictenthal -- and Squires says it was a problem -- suspects foul water from the previous wastewater plant kept people away.

Twenty years ago, the city -- with cooperation from the town -- installed a lagoon-style wastewater plant, meaning the water from the sewer plant is much, much cleaner by the time it's piped to the creek.

"We can point to a definite improvement in the creek," Squires said. "The water quality wasn't as good before the city upgraded the sewage system and that deterred some people from thinking of doing things on the creek. Now, the creek is in pretty good shape."

The access, Lichtenthal explained, will help return a "natural element" to the creek and hopefully be inviting enough for people to make good use of the launch.

The new boat launch will give people access to the creek from the dam behind the courthouse (if people want to paddle upstream and then drift back to the launch), down to the falls in East Pembroke (and people will need to paddle upstream to get back to the launch).

At some point, town officials would like to provide a second launch downstream in East Pembroke so boaters can travel downstream and not worry about getting back to the launch upstream.

There's also a launch behind Kibbe Park in the city -- that Lichtenthal said is hard to access and use -- but because of the falls behind the courthouse, it won't be possible for boaters to start in the city and end at the town's new launch.

Photo from the book "Batavia," by Barbara Ann Toal. In 1910, two brothers built three boats capable of carrying recreational passengers on the Tonawanda Creek. The Bluebelle, above, was destroyed in a flood in 1922.

View Larger Map

Election results  from the Village of Corfu (vote for two):

Trustee: (2) Years – Democrat   – Arthur Ianni, 30                 
Trustee: (2) Years – Republican – Kenneth Lauer, 29                                
Trustee: (2) Years – Republican – Michael Tost (write in), 17

We've not received reports from the other villages. Jeremy Yasses has posted on Facebook that he won seat in the Village of Oakfield by 35 votes.

UPDATE: Lorie Longhany reports the winners in Le Roy: Greg Rogers, mayor; and, trustees Jim Bonacquisti and Mike Tucci.