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Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is calling on the State Assembly to pass the Public Assistance Integrity Act, which would prevent tax dollars from being spent on cigarettes and liquor while protecting a crucial safety net for families in need. The measure, which Hawley has signed onto as a co-sponsor, would not only crack down on the illicit use of public assistance, but would ensure that New York State is not disqualified from $120 million in federal funding meant to support children and families struggling to put a roof over their heads. The legislation recently passed in the State Senate.

“The abuse of public assistance not only robs taxpayers of their hard earned money, but it jeopardizes the children and families who truly need a hand up in their time of need,” Hawley said. “Spending welfare dollars in strip clubs and liquor stores reduces the resources available to help provide shelter and warmth for a poor child, and the situation is made that much more dire by the loss of federal funding if we do not close this loophole. It is imperative that the Assembly pass this legislation before the close of session, because there is simply too much at stake for our hardworking taxpayers and vulnerable families to let this bill fall through the cracks.”

The Public Assistance Integrity Act would limit where EBT cards can be used and what they can be used for. The federal government has mandated that each state establish a system of fraud prevention by February 2014. If the state does not act, the federal government will penalize New York by cutting federal funding for Cash Assistance by 5 percent ($120 million).

It's not every year that a local election has at least one issue that might sway voters. With all the attention garnered by the Genesee County Economic Development Center since the last County Legislature election, this November the opinions candidates hold on GCEDC funding and its policies might be an important issue for voters. We thought it a worthwhile public service to get candidates on the record on this issue as soon as they were declared candidates.

In posing the questions to the GOP candidates -- the first group to declare -- we found not all of the candidates agreed with that assessment.

We received objections to answering questions along the lines that it was too soon; wait until the election is closer; "my position is already well known"; and, most surprising, that candidates shouldn't have to answer questions before all of the candidates are declared.

There is apparently some concern that since there's still weeks left for candidates to declare, some candidates thought they shouldn't be asked policy questions until after the filing deadlines. None of the candidates explicitly stated that they fear their answers might prompt another candidate to enter the race. They did express concern that they would be sharing opinions that would be read by potential opponents before those opponents needed to answer the questions.

That's not a line of thinking The Batavian finds terribly persuasive. Any candidate should be willing to speak openly and publicly about their positions without fear of the political repercussions. If an opinion might spur another candidate to enter the race, well, then, that's good for democracy. If a candidate lacks sufficient confidence in a position that it will be easily targeted by opposition, then perhaps he or she should reconsider that position.

The filing deadlines are July 11 for candidates running on an established party line, and Aug. 20 for a candidate running as an independent (creating his or her own party line).

Below are the answers to our three GCEDC-related questions we received from six of the declared Republican candidates, the three declared Democrats and the lone independent to enter the race so far. After the three questions are statements we received from the three candidates who did not answer the questions. 

Question 1: Traditionally, there has been an item in the county budget to transfer money to GCEDC to assist funding the operations of the agency. Last year,  GCEDC received $215,000 in the county budget. Do you support continuing this fund transfer to GCEDC, or should it be eliminated or modified?

Shelley Stein, incumbent, Dictrict 5: The Genesee County Legislature has supported GCEDC at approximately 20% of the GCEDC 2013 approved budget. Moving forward I would support same level of funding to provide for foundational costs of GCEDC operations. Eighty percent of GCEDC’s budget must be derived from providing services and collecting fees for services from business community, grants and contractual annuity payments, not taxpayer dollars. Additionally, LeRoy Business Council and small businesses located in LeRoy are very supportive of the foundational funding of the GCEDC.

Earl Funderburk, challenger, District 5: I do not support the continuation of county budget funds to GCEDC. They have millions of dollars from fees and no longer require funds from the county.

Esther Leadley, incumbent, District 6: Every year the upcoming County budget gets several months of intense scrutiny – by the whole legislature, not just a committee. GCEDC’s funding request is always included in that scrutiny. Please note that State and Federal mandates continually erode the County legislators’ ability to provide a quality of life that Genesee County residents have come to expect.

We legislators have already begun general discussions about the 2014 budget. As we go forward, I am confident GCEDC’s funding request, when it is received, will be one of the topics of discussion. I will weigh all input and make my decision at that time.

Please also note that companies considering making a significant investment in Genesee County want concrete evidence that the County’s leadership has financial “skin in the game.”

Gregg Torrey, challenger (GOP endorsed), District 6: Every item included in the County budget needs be evaluated and that includes the funding which assists the operations of the GCEDC. With the increasing pressure put on County Government by State and Federal unfunded mandates each department must justify its funding request.

I was encouraged to see that the incentive compensation system at the GCEDC was eliminated last year. I am now more confident that the funding is directed to the intended purpose of supporting the economic development mission for the County.

With that being said, the EDC has shown a tremendous return on investment for the County and makes the County money while its funding is only a very small portion of the overall budget (under 1%). The County funding also shows that we are committed to investing in ourselves and the County’s support of the EDC’s efforts which include leveraging other State and Federal money. This support of the GCEDC does not go unnoticed during the attraction process when potential companies are considering bringing investment into our community.

Marianne Clattenburg, incumbent, District 8: My position on this issue is well documented and on the record. This was my first budget vote as a new legislator and I took the opportunity to voice the concerns that many of my constituents have expressed regarding GCEDC funding.  Many opposed the salary and bonus structure of the organization. My position is that public employees who enjoy the benefits of a NYS retirement should not receive bonuses. The second reason I did not support the funding was that I wanted to send a strong message to the GCEDC that redevelopment must also become a priority of the organization. I represent the City of Batavia. We have needs and issues that are different than those of the rural towns around us. If the GCEDC is going to work as the county’s public benefit corporation dedicated to development, then it must strive to improve all areas of the county. I will dedicate my second term to working with the organization to see that this is done. My future support would be contingent upon the organization's willingness to work toward the goals of redevelopment, particularly in the City of Batavia.

William Fava, challenger, District 8: I would support a modification of the amount transferred from Genesee County to the GCEDC Agency. Originally, the agency needed the start up fund support, but now the agency has been successful in meeting yearly goals. The Agency has increased internal manpower to parallel anticipated growth and created sub organizations to minimize potential legal problems for Genesee County. In addition, the Agency continues to look forward (to) bringing in more business growth opportunities to the area…from all points of view, this State/County endeavor appears to be a success for the County. Modifications should be appropriate over the next few budget cycles to bring the annual fund down to a more reasonable amount. In doing this, the Agency can continue to document County support in any advertisement to a potential customer. The appearance of “Lack of County Support” has been mentioned many times during previous discussions concerning a decrease in funding…this is  simply a reduction, not an elimination of the fund. A modification would be a win-win solution for the Agency and the County taxpayer.

Ed deJaneiro, incumbent, District 9: It now appears that the GCEDC finances are strong enough to continue without a County contribution.

Bob Bialkowski, challenger, District 9: I am very prudent when it comes to spending tax dollars so I would insist on a complete accounting of this expenditure. The way the state has the EDCs set up is that if you want to participate you have to pay. This means that if the county doesn’t support the GCEDC we won’t be considered for the grants the EDC receives, so yes I would vote to continue this support. Genesee County has done very well for itself considering that in a recent survey New York State placed 49th in economic development out of 50, but here we have seen tremendous growth. Last week Texas announced that it was aggressively marketing for New York businesses to move there. They have no state tax. New York needs to learn to treat all business the same and discontinue making special deals.

Andrew Young, candidate, District 4: Yes, I support the County investing in its goal of creating jobs, promoting business capital investment (which converts to tax base) and keeping our kids in our community.

Frank Ferrando, incumbent, District 7: As you indicated, the $215,000, or an amount similar, has been transferred to the GCEDC for several years. It’s not new. What I believe was disturbing to most local citizens was the bonus pay model used by the GCEDC with the assumption that the subsidy supported the bonuses. I and two colleagues on the Legislature voted against last year’s budget in objection to that practice. Bonuses are no longer a part of the GCEDC’s compensation practice. This year I will vote for the subsidy if the GCEDC Board presents to the Legislature a detailed description of a specific project the subsidy will be used to support. A demonstration of support by the County is important and it represents about .1 percent of our overall budget.

More after the jump. Click on the headline to read more.

Question 2: Are you confident that taxpayer subsidies for economic development in Genesee County are generating the results claimed/promised by GCEDC or should steps be taken to foster greater accountability?

Shelley Stein, incumbent, Dictrict 5: Investment of $215,000 of taxpayer dollars increases exponentially the capital investment in Genesee County; jobs, tax base, sales tax revenue, infrastructure (water and sewer lines), shovel-ready business parks and workforce educational opportunities. There is no better mechanism to leverage this investment in Genesee County.

LeRoy Plastics is an excellent local example of a private business seeking to retain jobs, renovate an older facility, and creating several new jobs within 3 years, as per their application to GCEDC for assistance in sales and mortgage tax relief. LeRoy community is pleased to see this local private investment as a sign of our economy turning around.

Earl Funderburk, challenger, District 5: For the money being paid to GCEDC leadership, we need a greater number of new businesses being lured to our county that provide good high-paying jobs. Base compensation of GCEDC employees should be directly tied to clear goals and objectives. GCEDC must be regulated better by the GCL, and compensation needs to become more proportional to performance.

Marianne Clattenburg, incumbent, District 8: The GCEDC has been very successful with many of the projects they have put forward. The opening of two new factories in the Town of Batavia is a remarkable achievement considering it was done during one of the worst economic downturns in recent memory. The STAMP project is in its preliminary stages. I fully support bringing high tech jobs to Genesee County. We need to develop the jobs that will enable future generations to live and work in the areas that they have grown up in. I do have concerns, as I said in my prior answer, that issues that face different areas of the county all need to be addressed. The legislature has the obligation to foster accountability. We have instituted term limits for the first time. We control who sits on the GCEDC board and we control a portion of their operating budget. I believe we must continue to work toward greater accountability and I support the steps that have been taken thus far.

Esther Leadley, incumbent, District 6: Yes, I am confident that “taxpayer subsidies for economic development in Genesee County are generating the results claimed/promised by the GCEDC.”  GCEDC leadership reports regularly to the Ways and Means Committee of the Legislature, and annually to the whole Legislature. These are open meetings that anyone can attend. The Legislature and GCEDC work as partners, not as adversaries. I believe that the people we legislators appoint to the GCEDC board do have the best interests of Genesee County residents at the forefront of their decisions.

Gregg Torrey, challenger (GOP endorsed), District 6: I’ve seen firsthand the results and successes of the GCEDC at the Genesee Ag Park which includes successfully attracting international investment, as well as a Fortune 500 company, to locate and invest in our community. Over $200 million in private investment and nearly 200 quality jobs have been brought into in the park and there is about 40% of the park still to be developed.

The bottom line about accountability is results and the GCEDC is generating results. There have been considerable improvements within the last year in transparency, communication, and policy adjustments as well. I would like to see increased engagement by the County Legislature in appointing Board members to the GCEDC that will maintain this high level of accountability and responsibility as they continue to carry out the comprehensive economic development activities for the County.

William Fava, challenger, District 8: The results that are reported each year by GCEDC are gathered by the Agency itself and independent Accounting/Consulting organizations. The information reported to the Agency, should be audited to be validated as to the accuracy for the period being reported…remembering that numbers don’t lie, people may distort facts to support their case. For example, if a company is granted a subsidy for the creation of 5 positions, the company goes out and hires 5 people over the agreed period, a few months later, 3 people out of the 5 are released. The company reported that they hired during this period, but after the period ended…so did the employment of the three employees. The taxpayers of this county have not forgotten what Sylvania “pulled” after its tax subsidy ended; there are many individuals that never recovered from this loss of employment. The reasoning behind any subsidy or abatement program is the potential  “offset”  by increased sales tax collections, increased business for local vendors, increased home ownership, increased job opportunities to increase a person’s income…for the residents of the City of Batavia…look around, do you see more retail businesses starting up, do you see more new housing construction, do you see the City of Batavia enjoying an overflowing increase of new sales tax dollars? Maybe you see it in the Town of Batavia, but not in the City. The potential windfall of increased betterment has not reached the City of Batavia. I would support less independence of operation and an increase in accountability.

Ed deJaneiro, incumbent, District 9: GCEDC continues to provide new job opportunities in our County. I believe every agency needs greater accountability especially if they receive government funding.

Bob Bialkowski, challenger, District 9: The GCEDC is overseen by a board of directors. I would like to see the board being more accountable to the legislature. If elected it would be my goal to push for more development in the city and improved communications between the GCEDC board and city council. For the last few years there was a large public outcry over the GCEDC staff being paid large bonuses. The NYS comptroller issued a statement that this was wrong and needed to be discontinued. This was a major point of contention amongst taxpayers and it has been stopped. Now it’s time to move on and put a better system of checks and balances in place.

Andrew Young, candidate, District 4: Contrary to some heavily biased reports recently, the Genesee County Economic Development Center is revered and respected statewide. It also has been recognized regionally and even nationally as a benchmark organization. It amazes me that within our own county borders we don’t understand just how good they are.

Frank Ferrando, incumbent, District 7: The questions presented to the Legislative candidates might be great questions for GCEDC Board members. The GCEDC Board, as everyone realizes, is its own entity. Once appointed, they have governance over the program until terms expire.

Having stated that, I believe, as I trust most citizens in the county (do), that progress is happening.  The Ag Park is but one example. Presently 200+ are working there. More jobs are coming. I also understand a McDonald’s restaurant will be going up on the East side of the City, a good indicator of spin off development. I personally would like to see a greater emphasis on redevelopment since this is the strategy needed for the City of Batavia, Village of Leroy, etc. In summary, the progress to me is obvious and it should make us feel optimistic about the future.

Question 3: Do you support or oppose tax breaks for retail projects, such as those provided to COR Development for Batavia Towne Center and the Dick’s Sporting Goods project? 

Shelley Stein, incumbent, Dictrict 5: COR Development project is a very unique project for “retail development” in Genesee County. Each retail project is measured against IDA laws. COR Project does qualify for the unique allowable retail project status, for goods and services not readily available to Genesee County residents. Our board of directors of GCEDC performed a very comprehensive and exhaustive review of the project, found it to be within the letter of the law and the right investment for Genesee County residents. There are several other retail projects in our county not eligible for tax incentive abatements.

I do support PILOT incentives to encourage capital investment with a schedule of payments to local school districts, towns, villages, city and county in lieu of property taxes. The schedule builds gradually to 100% of assessment being taxable and providing increased revenue to all of the taxing jurisdictions mentioned above. Tax base increases reduce local property taxes for all of us. As a previous Town Supervisor, Town of LeRoy did receive over $20,000 per year and increased annually in PILOT payments. The school district and village have received scheduled payments also to support their annual budgets and reduce the property tax burden of homeowners.

Earl Funderburk, challenger, District 5: As a rule of fairness, the tax playing field for corporations should not have handpicked winners and losers. Existing companies should not have the playing field tilted in favor of the new guy on the block by providing them unfair tax incentives. Additionally, I believe it is healthier for our local economy to have diversity in our local businesses. One or two large employers can provide a substantial base of economic support, but the risk is that if one or two of those corporations fail or leave the economy will greatly suffer. By encouraging growth for small and medium businesses (SMBs) we can grow the economy, minimize risk, and encourage entrepreneurship. That said, there is a place for the GCEDC and incentives. Tax incentives must be consistent and rule based. Criteria and parameters should be clearly defined and not subjective. Decisions should not be made based on who you know or how good your story might be. Decisions should be made based on numbers and facts. There must be clear expectations and consequences for missing targets placed on businesses receiving incentives. Any new incentives should be time bound and consistent from one company to another. In short, the playing field should be level. I’d like to see this become the rule in Genesee County -- if not all of New York State.

Esther Leadley, incumbent, District 6: Tax breaks for retail projects are a new component of New York State’s Industrial Development Agency (IDA) regulations. Our GCEDC, which is our county’s IDA, has very qualified legal assistance from Harris Beach, a respected law firm in Rochester. I partially understand tax breaks, such as Payment In Lieu Of Taxes (PILOTs), but that is not my area of expertise. Therefore, I cautiously trust others to make appropriate economic development a priority for Genesee County.

Gregg Torrey, challenger (GOP endorsed), District 6: As a general rule, I think that retail projects need to be scrutinized more closely because they tend not to increase the overall demand for retail goods and services and may create intense competition for established stores. It is important when considering providing tax expenditure benefits to a project such as the COR Development project that you do not end up with a net financial loss for the County.

You must, however, also consider the impact that this project will have on the sales tax revenue for the County. It is estimated that the COR Development project will generate an additional $2 million in sales tax annually once it reaches full occupancy. With this estimate the project would provide an additional $1 million to the County in local sales tax revenue. The estimated economic impact of this specific project is 25:1; meaning that for every dollar of tax relief the company will invest $25. If this project can come anywhere near these projections it would be a tremendous return on investment for the County.

The GCEDC Board has made a “Unique Facility / Services” determination for this project in order for it to be approved, which means that they feel that the predominant purpose of the project is to make goods or services which would not be, but for the project, reasonably accessible to the residents of the municipality where the project is located. I am comfortable with the Board’s analysis, determinations and approval of this specific project. I have also found that the GCEDC has participated in very few retail projects and chose not to participate in several potential retail projects including the McDonald’s project under development on the City of Batavia’s east end near the AG park.

Marianne Clattenburg, incumbent, District 8: I do not support the COR Development tax breaks for one reason: I believe they are unfair to existing retail stores in the City of Batavia. I am very concerned that this will negatively affect the small businesses that have served our residents for many years. I believe the board should have considered this before they voted to approve COR’s request. 

William Fava, challenger, District 8: In this particular situation, I do not support the tax break for assisting construction on something that we already subsidized a few years back. To support this redo plan is basically using taxpayer money paid by our merchants (the ones that have remained in the city..ie., Barrett’s Sporting Goods)  to help them be put out business by the big box retailers. The EDC should have approached this redo with more thought and creativity and at the same time operate within the guidelines set forth by the state.

Ed deJaneiro, incumbent, District 9: I do not support tax breaks for major retailers. I believe that giant retail stores will locate here, if they think there is money to be made, with or without tax breaks.

Bob Bialkowski, challenger, District 9: It is unfortunate that all businesses aren’t treated equal. Basically I am against these types of discriminatory practices but I did not make the rules for the EDCs. What we have in New York now is a system where everyone is competing against each other for the same piece of the action. This is why New York placed 49th in economic development. I would push for a more equitable system of tax incentives to help all business in the county. This would be a difficult but not impossible battle. At the county level some relief and assistance could be given to already existing businesses.

Andrew Young, candidate, District 4: I believe each project needs to be judged based on its individual merits. If after careful consideration a project makes sense for our community, we should support it.

In regard to your specific example of COR, it is important to note that like nearly all GCEDC projects, no outlay of taxpayer dollars (cash) was given, no checks were written. The County simply agreed not to take as much of the increased tax revenue that results from additional capital investment. This is done to incentivize investment and is done only for a period of time.

Even with the unfortunate departure of Lowe's, the Batavia Towne Center facility produced more than $1 million in local sales tax revenues this past year. Our county’s sales tax revenues have increased considerably because of this retail center.

In 2013, the Batavia Towne Center (COR and Target) will pay some $314,000 in local property taxes. If that site was still a trailer park, its property owners would have paid roughly $40,000 in local property taxes. And by the way, that amount paid by COR and Target increases substantially each year going forward until it is on the tax rolls for 100% of its value at which time the owners will be paying in excess of seven hundred fifty thousand dollars each year in local property taxes. Again, instead of $40,000.

The most recent COR project applies only to new/additional capital investment. It will drive an additional $18 million into our community, all of which does not exist today and much of which will further increase the local property tax paid, immediately and to a greater degree over time. It will also generate a considerable net increase in sales tax for our local municipalities.

Frank Ferrando, incumbent, District 7: I appreciate that the GCEDC recognizes the importance of all business. If new jobs can be created and additional revenue streams developed for our municipalities, those are good things. Our tax base will be expanded over time and sales tax kicks in at the onset of business. Should we let the land sit idle? That option, in my opinion, would be bad business.

District 1, Raymond F. Cianfrini: Howard, I think most of us on the County Legislature have established our position regarding GCEDC. Why not ask the new candidates where they stand? Also, I think it's way too premature to be getting into these issues now. Why not wait for the election season? Also, what is this going to establish with those of us who have no opposition? Finally, I have to ask by going into these issues if you are reporting the news or trying to generate news?

District 2, Robert J. Bausch: Howard, I appreciate your questions and they are valid. However the questions will be more appropriate in the fall after all the tickets have been established.

I have established a public record on the issues and have received questions about my position on various occasions so the public knows my positions.  

District 3, Annie M. Lawrence: Your timing is premature on this issue. Play fair, when all parties have endorsed for Genesee County Legislature, then I will be able to answer your questions.  (Note: This came in from Lawrence before the Democrats had announced their candidates. However, once the candidates were announced, we received no further e-mails from Lawrence.)

A 90-year-old man from Albion who was found unresponsive in his still-running car on State Street on Sunday night was later pronounced dead at the hospital.

A Sheriff's deputy found the car at 11 p.m. at State and Douglas and Batavia PD along with Batavia fire and Mercy EMS responded.

The deputy used an unlock tool to gain entry to the vehicle.

Ira M. Baker was transported to UMMC. He was pronounced dead at 11:25 p.m.

Officer James DeFreze investigated and determined there were no signs of foul play at the scene nor signs of struggle.

Chief Shawn Heubusch said it's believed Baker died of natural causes. There was no autopsy.

A new chapter in Batavia Muckdogs history opened Tuesday when farm hands in the Miami Marlins system took the field at Dwyer Stadium for the home opener of the 2013 season.

The 1,900 fans in attendence can surely hope Tuesday's game is a sign of good things to come. The Muckdogs beat Auburn 10-2.

One of the Marlin's top prospects, 2B Avery Romero, collected his first two professional hits scoring two runs.

Fans were also treated to one of the most exciting plays in baseball -- a triple -- three times. The three baggers were smacked by SS Javier Lopez (1-3 and 3 RBI), LF Austin Dean (1-5) and RF Connor Burke (2-4).

Third baseman Blake Barber had three hits, including a home run.

Starter Helpi Reyes went three innings and gave up one hit and no runs. Beau Wright (W, 1-0) went three innings and gave up two runs, picking up the W. Robert Ravago (S, 1) pitched three innings to qualify for the save.

Batavia is home again Thursday at 7:05 p.m., which is Irish Night. Friday's 7:05 p.m. game will be followed by fireworks.

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As I was leaving Dwyer Stadium this evening, I spotted a bunny rabbit hopping through a yard on Douglas Avenue. He was polite enough to stop and pose for a picture.

I'll have opening day pictures ready to post in the morning.

Chiropractor Thomas Mazurkiewicz invited me over to his office this afternoon to meet Nick and Josh Guarino.

The twins are graduates of Byron-Bergen High School and will compete this weekend in the U.S. Track and Field Championships in Des Moines, Iowa.

They qualified in a meet Saturday -- the last chance to qualify -- by running their personal best times in the 800 meter. Nick won the race with a time of 1:47.13 and Josh was third at 1:47.35.

At the U.S. Championships, there is a field of 37 runners competing for three spots on the U.S. team that will compete in Moscow at the world championships. There are 14 runners who qualified with faster times than Nick. The fastest qualifying time is Duane Solomon at 1:42.82.

"I probably don't have a shot at that (going to Moscow)," Nick said. "But my dream is to make the Olympic team or world championship team."

Mazurkiewicz is doing what he can to help. Mazurkiewicz explained that a slight hip misalignment can cost a world-class runner vital 10ths of a second, which can be the difference between winning a medal or being an also-ran.

Misalignment, he said, can also lead to injury.

There will be dozens of chiropractors tending to runners at the U.S. Championship, Josh said, but they were at Mazurkiewicz's office today for their pre-race treatment.

"Treating athletes is like fine tuning a car," Mazurkiewicz said. "Chiropractic adjustments give athletes a winning edge by giving them proper bio-mechanics, structure, increased range of motion along with proper posture and balance."

Committee members who helped organize creation of the inclusive playground at Kiwanis Park in the Town of Batavia gathered with friends and supporters this evening for an official ribbon cutting to celebrate the opening of the new playground. Committee leader Anita Strollo said there's still work to be done and money to be raised for expanding the playground.

Nicholas Antonucci, already in prison on convictions in Wyoming County and facing multiple felonies in Genesee County, entered a guilty plea today to one count of attempted burglary, 3rd.

The plea deal caps his potential sentence at two years to be served concurrently with his Wyoming County sentence.

In exchange, all other pending charges -- including those not yet indicted -- are satisfied, including accusations that he stole a pair of snowmobiles from a location in Alexander.

The count in the guilty plea stems from Antonucci entering the dwelling of a person he was ordered not to contact in November 2012.

A Batavia man accused of using a toothbrush to sexually assault a fellow jail inmate late last year entered a guilty plea in County Court today to counts of sexual abuse, 1st.

Raymond Lee Leach Jr., 55, of Montclaire Avenue, also entered a guilty plea to criminal contempt, 1st, which was part of the set of charges that had him in jail in the first place.

Leach entered his plea under what's known as an Alford Plea. Under terms of the plea, Leach doesn't actually admit to the crime. He just acknowledges that he would likely be found guilty by a jury based on the available evidence.

Assistant District Attorney Melissa Cianfrini said the evidence on the criminal contempt charge that would be presented against Leach is that he placed a telephone call to a protected party and threatened to kill her.

On the sexual assault charge, Cianfrini said witnesses would testify that Leach shoved a toothbrush into the rectum of a fellow inmate at the Genesee County Jail and then bragged that the victim had been "booty popped."

The alleged victim suffered physical injury as a result of the assault.

On the first guilty plea, Leach is facing a possible sentence of two-and-a-fifth to five years and three years on the second charge, with the sentences being served concurrently.

He continues being held on $10,000 bail.

The third in our series on Genesee County farms and farmers.

The house was ramshackle. There were broken doors and windows that wouldn't close, but the land was good. Carl Yunker knew it was soil he could grow something in.

"I was after the dirt," Carl said. "I said, 'if I got the dirt, I'll get the rest.' This is good land."

He couldn't buy the 200-acre farm and its 30 cows, but he could lease it. He moved his family from Sheldon to a house without plumbing in Elba. It was 1951. The house was more than 100 years old. The Yunkers, married in 1947, and with two young children, would put down roots near the intersection of Transit and North Byron.

Bernice went from cooking with gas to a wood stove in kitchen with warped floorboards.

That first Thanksgiving, she was expecting 17 people for supper. The night before, a cat crept in through the broken door from the cellar into the kitchen and feasted on turkey breast.

The day after Thanksgiving, Carl built a new cellar door.

In the kitchen, paint was peeling from one wall. Bernice drove into Batavia and bought the largest Rand McNally map of the United States she could find. She bought a series of smaller state maps. She decorated the wall with the maps, she said, so visitors would discuss the state of the union rather than the state of the house.

"I said if she lives with me for a year, she will stay with me for good," Carl said.

Craig Yunker

Craig Yunker, the Yunker's second of five children, was born in 1951 in Sheldon. He was raised in the house on Transit Road.

Today, the house that was falling apart 61 years ago, is now the home of Craig and Kimberly Yunker. 

It's fully restored, of course. Inside, the walls are white and the floor polished hardwood. Left exposed are structural beams that were hand hewn in the 1820s by strong men with axes and chisels.

Carl, who turns 90 next month, lives with Bernice in a farmhouse built in 1900. When the Yunkers first moved to Elba, the Merrimans, who farmed the land before the Yunkers, lived in the newer house while the Yunkers lived in the older house. After Carl and Bernice moved in, Bernice wanted a little storage room at the back of the house fixed up to use as an artist studio.  Carl expanded the room and added a second level, giving Bernice all the space she needed to paint and draw and display her work.

When Carl and Bernice met, she was a preacher's kid in Sheldon. They saw each other for the first time in the foyer of a church.

"When I saw him, he was sort of looking me up and down one Sunday when I went into church and I thought, 'you young snip, you,' " Bernice said. "I thought he was 17 years old and he was 25."

Bernice Yunker

Bernice knew nothing about farming when she met Carl, but she's proud to call herself a farmer's wife. That's the name of her studio -- Farmer's Wife Studio -- where she paints and teaches art classes.

Bernice has been a member of the Genesee County Art Society for more than 50 years. 

Her favorite subject is trees. She paints and draws a lot of trees. Well, she paints and draws a lot. Carl said she's a workaholic when it comes to art. When she has five minutes, he said, she's in the studio working on something.

Bernice has completed thousands of pieces of art. Earlier this year, she threw out about 700 of her paintings.

Living on a farm, Bernice said, her children learned the value of work. The boys started working in the barns when they were 7, getting paid for their work. By the time they were 12, they were buying their own clothes.

"I don't see how the city people to it," Bernice said. "These boys were never under my feet because they were working."

After all that farm work, Craig wasn't sure he wanted to be a farmer. His mother dropped him off at Cornell University for his freshman year and that's when he told her, he wasn't sure he wanted to farm.

He read Jack Kerouac. As Dean Moriarty took to the road, so did Craig Yunker. After the first semester of his second year at Cornell, Craig  left on a six-month ramble across America. He drove a 1963 Chevy. He packed  a Mamiya/Sekor 1000 DLT camera. In Las Vegas, his car was done and he was out of money. He managed to make it to California and spent some time at a commune before returning to New York.

He came home and went back to Cornell. Craig has a degree in agricultural economics and a master's in resource economics.

Carl had gone from tenant farmer to farm owner in 1963. When Craig came home, father and son became partners.

All of Craig's siblings found pursuits other than farming. Gail, the oldest, lives on a boat north of Seattle. Chris, three years younger than Craig, is a military man and lives in Virginia. Joy lives in Troy and Heidi lives in Medina.

CY Farms is owned today by Carl, Craig, Craig's son, Christian, and P.J. Riner, who is now retired but for years handled the day-to-day operations of the farm while Craig managed the business and CY's growth.

What started as a 200-acre tenant dairy farm is now 6,000 acres of turf, corn, wheat, soybeans, alfalfa, onions and green peas.

How CY transformed from a small dairy farm to one of the largest crop farms in WNY is as much a story of persistence and hard work as good fortune, Craig said.

"I'd like to be able to tell you that I had everything planned out, but some things just happen," Craig said. "Our success is sort of a hybrid of luck and timing with some hard work thrown in, but a lot of it is just luck."

The big turning point came in 1986, when CY Farms was a 400-acre operation with 300 cows.

The federal government decided the country was awash in dairy products. The USDA wanted fewer cows and fewer dairy farms. The government set up a reverse auction -- farmers would set a price for their herd and the government would start with the lowest bid and buy up more and more herds at higher and higher prices until the target number of cows were purchased.

If farmers put in a bid, they obligated themselves to destroying their cows or exporting them to a foreign country.

"We submitted a fairly high bid and I was fairly confident that we wouldn't get taken," Craig said. "We only bid it because it's just one of those things where everything has it's price, so we said let's put in a number high enough that if we get taken we'll be happy. We didn't expect to get taken and we did. We were surprised that our bid got accepted, but we had already signed it so we had no choice at that point."

The Yunkers had a year to dispose of their herd. By contract, they couldn't produce milk for five years.

The story continues after the jump. Click on the headline to read more.

They were left with 400 acres of land. As Carl said, good land. Good soil. You can grow things in good soil, things like corn and peas and cabbage.

"I thought at that time, maybe we'll get back in the dairy business, but we never went back to milking cows," Craig said.

Carl Yunker made the right decision in 1951. He came to Genesee County because he thought the good, flat farm fields of Elba would give him more flexibilty as a farmer than the hill country around Sheldon.

Without cows, CY Farms became a crop farm and began to grow.

Carl was also working on his own plan. By age 65, he wanted to start backing out of the business and handing over more control to Craig.

Too many farmers, according to Carl said, don't have a plan for handing their farms off to their children.

"That's one of my big criticism of family farms where dad hangs on so long and doesn't give the younger generation the opportunity to develop themslves and move on," Carl said.

Family farms that cease being family farms have meant opportunity for the Yunkers.

There was, for example, a 900-acre farm -- including muckland -- that fell into the hands of four brothers. Four feuding brothers. The brothers sold off their farm equipment and leased the land to CY Farms.

Craig knew better than to sit all four brothers in a room and try to buy their land.

"If one guy liked this deal the other guy wouldn't like the deal because the other brother liked the deal," Craig said.

He was patient. He stayed friendly with each brother.

"It took, I think, two years, but I got that deal," Craig said.

Mucklands

It was a big deal. Too big for CY to handle on its own. To help finance the purchase, Craig sold off some of the land to a neighboring farmer.

The purchase included muck, good onion-growing muck. CY Farms added onions to their product line.

Next, they added grass.

Perhaps the biggest deal for the Yunkers was the purchase of Batavia Turf. Initially Craig was just interested in acquiring more crop land. Tony Peca owned 600 acres of farmland. Craig was thinking about the land, not the business.

Peca started Batavia Turf in 1960 and it was the original turf farm in New York. When the Thruway was constructed through Genesee County, part of the deal was Peca could keep his billboard next to the I-90. Batavia Turf has the only billboard in New York on Thruway Authority property.

"(The business) was very well known," Craig said, and as he dug into the particulars of the deal, he realized it would be a good thing to buy not just the land, but the business.

"We looked at it as an opportunity to expand," Craig said.

Peca's two sons signed on as Yunker employees to oversee turf production and manage the marketing for two years. They were paid above-average salaries, Craig said, to help the Yunkers break into the business.

"We didn't know anything about growing turf and we didn't know anything about marketing turf," Craig said.

Calves at CY Heifer Farm

The Yunkers, of course, as former dairy farmers, do know cows, and in a different way, the next CY Farms expansion got the family back into the dairy business. Rather than milk cows, they raise them for area dairy farmers.

The opportunity came to the Yunkers when Agway let one of its business units fall into bankruptcy.

A few years before, Agway managers decided one of the secrets of success for dairy farmers in California was the replacement heifer business. Rather than dairy farmers raising their own calves, there are whole farms that do nothing but raise calves for other farmers. Agway thought that might be a good business line in WNY.

The company picked land owned by CY Properities for the operation. Raising calves means manure. Manure means noxious odors. Cow odors can cause complaints from nearby residents. The Yunkers owned a plot of land just southwest of the mucklands. Up on a ridge, overlooking the onion fields, a bit isolated from residential neighborhoods. The wind carries odors away from any homes in the area and out over the farmfields. It seemed like a smart spot to raise calves and convert manure into plant food.

CY Heifers takes in calves from about 10 dairy farmers in the area. As they grow, they move through a series of barns according to size and age until they're old enough to be moved back into the farmers production herd. The dairy farms can concentrate on milk production rather than raising their own calves.

The 6,000 acres of CY Farms is divided among 60 or so parcels in Elba, Byron, Batavia and Stafford. All of the land is owned by CY Properties, which leases land to CY Farms, Batavia Turf and CY Heifers.

Each business unit operates on its own P&L (profit and loss statement), but farm equipment and employees are shared among the operations.

The morning managers' meeting

It takes a lot of coordination to manage the crops, the land, the equipment and the people (just under 50 employees total). Each morning at 6:30, Craig Yunker and the farm's five managers meet in a Mid-century ranch home that has been converted to office space on the southeast corner of Transit and North Byron. 

Meeting with Craig every day are Christian Yunker, Charles Augello, Chuck Barie, Mac Ewell and Mike Riner.

First topic each morning: The weather. Cold, rain, wind and sun -- whatever the elements -- will determine much of the work schedule for the day.  It's hard to plow a field when it's muddy and darn near useless to spray pea plants in the wind.

"Everything starts with weather and then you plan your day," Craig said.

The morning meeting is a time to balance priorities against available resources. There's usually more work than hours in the day or feet on the ground.

"There are five us every morning judging who needs what tractor, who needs what truck, who needs what personnel or this or that, and sometimes, you know, something has to wait," Craig said. "One man is going to be frustrated because he's got his plan, but there aren't enough tractors, trucks and people to do everything."

What crops are grown each season is planned out up to a year in advance.

Craig and his team make a P&L for every crop they grow.

"Each crop is analyzed on its own for its own profitability," Craig said. "If crops are not profitable in one year, that's normal, but if it's a trend and they stop making us money, then we stop growing them. We did that with tomatoes."

This year, you won't find any cabbage growing on CY property.  When the management team analyzed the potential for cabbage, two problems loomed large: The Affordable Health Care Act and the difficulty in hiring migrant labor.

Cabbage may grow again on CY Farms, but first Craig said he needs to be assured that employing more than 50 people won't drive up the cost of health insurance and he needs to know he can hire legal workers that won't get swept away in immigration raids.

Solutions to those problems, if there are any, will only come out of Washington.

Then, there's the price of corn. Last year and this, corn prices have hit historically high levels.

Craig's office is dominated by a large wooden desk. He has a bookshelf and filing cabinet. On one wall are original color pen-and-ink drawings by Don Carmicheal of the Old Courthouse and County Building #1, momentos of Craig's tenure as chairman of the Genesee County Legislature in the 1980s.

Corn

On the back of door, Craig keeps a poster of corn prices.

For more than 100 years, it shows corn prices fluctuating in a fairly nominal pattern, then there's a big spike -- prices climbed above $5 a few years back -- then prices returned to a fairly normal level.

Craig points to a spot off the chart and says, "now prices are here."

That would be somewhere over the $6 mark.

Six-dollar corn is another reason not to grow cabbage.

Last year's drought in the Midwest and this year's flooding in the Eastern Corn Belt have been good things for WNY corn growers.

"Last year we got prices higher than we ever expected and we had a very good year because of that," Craig said. "We forward-contracted our corn and sold a good portion of the next year's crop."

Near the corner of Route 262 and Ivison Road are a half dozen storage bins that glisten in the sun. They're made to store feed corn. Cabbage is a perishable crop and must be sold close to harvest. Corn can be stored much longer.

"The idea is to sell it when it's profitable and not when you have to sell it," Craig said.

Onions are a crop that must be sold at harvest, too. It's one of the most challenging crops CY Farms grows. Out on the muck, farmers battle wind, rain and weeds. It's no different for the small muck farmer or the big muck farmer. 

The demand for onions doesn't change much year to year.

As Craig put it, a restaurant isn't going to buy more onions just because the price drops. If the price is high, it doesn't suppress demand.

That can make growing onions at a profit a challenge.

Which is why Craig thinks CY Farms has an advantage with its 6,000 acres and more than half a dozen crops it grows. Farm managers can rotate crops, react to changes in the market and the weather and absorb, in most years, unexpected price fluctuations.

"One of the advantages we have over somebody that just grows onions is that diversity and that stabilizing effect," Craig said.

The production numbers for CY Farms in a typical year are impressive:

• Corn -- 3,000 acres at 146 bushels per acre
• Wheat -- 700 acres at 75 bushels per acre
• Onions -- 100 acres, at 650 50-lbs bags
• Soybeans -- 700 acres, at 44 bushels per acre
• Alfalfa -- 1,000 acres at 12 to 13 tons per acre
• Barley -- 40 acres at 60 to 70 bushels per acre
• 100 acres of turf harvested per year

Batavia Turf grows more than 100 acres of grass per year, but it takes 18 to 24 months to bring grass from seed to sod, sliced and rolled onto pallets ready for delivery to customers from Pittsburgh to Watertown.

Jose Castanada and Katie Houseknect

With 5,000 acres available for crop rotation, the grass-growing business has benefited from being absorbed into CY Farms. One problem smaller turf operations run into is that with only a few hundred acres available, used year after year for the same crop, the sod is more susceptible to weeds and disease. 

Jose Castaneda manages the turf operation and Katie Houseknect and Chuck Hoover sell the grass.

"Jose makes it easy to sell a quality product," Houseknect said. "We do have the finest quality sod in WNY because of our quality soil. The emerald green color, the guarantee of quality, the fact that we can rotate our crop and keep the sod clean of any type of infestations makes it easy to sell."

The grass is 20 percent Kentucky Bluegrass and varieties of fescue. The fescue is more drought and disease tolorant than Bluegrass and helps Batavia Turf's sod keep its emerald green color even in dry summers.

Every day (except rain days) during the spring and summer, crews use a precision, computer-controlled grass harvester to cut and roll the turf. Grass is delivered to clients the same day or the day before it's scheduled for planting. 

Customers include homeowners, schools, landscapers, contractors and sports field owners.

Yunker is clearly proud of the role Batavia Turf has played in helping diversify the family business and add to its overall growth.

Running a big farm keeps Craig busy, but he still has time for himself. He's never lost his love of adventure.

In his office, behind his desk, is a large photo of a sailboat charging through the waters of Lake Ontario.

Craig Yunker with his Hemingway collection

Craig loves sailing. The man who once drove a '63 Chevy across America still loves to travel. And he loves Ernest Hemingway.

When Craig travels, he prefers to stay where Hemingway stayed.

Hemingway lived in Havana for a time, so Craig has been to Cuba.

When visitors enter the home of Craig and Kimberly Yunker, they find themselves first in a room with few pieces of furniture. There are a couple of paintings on the walls. To the back of the room is a floor-to-ceiling window that frames a green back yard. Yellow roses grow by the patio. On the south wall of the room, at the center of the house, there is also a cabinet filled books by Hemingway and about Hemingway.

Craig and Kimberly have three children: Christian, 33, Cyrus, 35 and Katherine, 31. There's a picture of their children with the Hemingway books.

Upstairs in the old farmhouse, Craig pointed to a wineskin hanging from a single nail pounded into one of the exposed, hand-hewn beams of a guest room. The wineskin is autographed. 

The skin is from Pamplona, Spain. Hemingway made many trips in his time to Pamplona. He wrote about the bullfights there. In "The Sun Also Rises" men drink wine from bota bags in Pamplona.

When Craig sojourned in Pamplona, he stopped in a shop to buy a wineskin. Craig spoke to his travel companion. He mentioned Hemingway. The shop owner exlaimed, "Oh, Ernesto!" The little man scurried to the back of the store and retrieved a photo. It was a framed print of the shop owner with Hemingway standing behind him while the shop owner signed a wineskin.

Next to the wineskin, hanging from that wooded beam is a photo of Craig Yunker standing where Ernesto once stood while the shop owner signed his wineskin.

"What do you like about Hemingway?"

Christian Yunker

"His sense of adventure. He was his own person. He lived his own life. I like his style of writing. It's straightforward."

CY Farms is a big operation now, and Christian Yunker is next in line to run it. Like father, like son, Craig is giving Christian increasing responsibility for the farm over the years, just as his father did with him.

Christian is also a graduate of Cornell. After college, he worked in New Jersey for six years handling farm loans for Farm Credit East. It was good experience. It gave him a broader knowledge of what it takes to run a modern farm.

Like a lot of sons, Christian admires his father and thinks Craig has a real talent for the business.

"He has the ability to deal with people and negotiate deals," Christian said. "He's much more of a big-picture thinker. Most of his decision-making is about five, 10 years down the road, which for some people doesn't come as naturally as it does for him."

Christian has two young daughters -- much too young to know if they'll take to farming.

"I want them to be successful in life, so I'm not going to presume anything," Christian said.

Looking down the road, Christian said, perhaps they won't run the farm. Perhaps it will become an employee-run operation. It's too soon to say.

So these days, while little girls play and farmworkers work, one of the favorite pastimes of Carl Yunker is sitting on his porch reading novels and watching the traffic pass on Transit Road. Carl figures half the traffic is trucks and tractors owned by CY Farms.

He said he's proud of what the little farm in Elba has become. He thinks it will be around for a good long while now.

"I hope it keeps going successfully, and I'm sure it will," Carl said. "We've got a great team of people put together. People are the heart of an operation. You've gotta have good people or you don't have much."

Gregory A. Cole III, 21, of 3 Hyde Park, Batavia, is charged with disorderly conduct (obscene language or gestures) and failure to pay for services. Cole is accused of causing a disturbance at Sport of Kings restaurant in front of customers and refusing to pay for his food order. Also arrested on the same charges was Marquis K. Saddler, 22, of 541 E. Main St., Batavia.

Luz Jamayra Castro, 29, of West Main Street, Batavia, was arrested on a bench warrant stemming from a fourth-degree grand larceny charge. Castro was arrested by the Sheriff's Office, turned over to Batavia PD, arraigned in City Court and then arrested by the Sheriff's Office again on a warrant out of County Court for alleged failure to appear for intermittent incarceration.

Robert L. Williams Jr., 22, of 112 State St., Apt. #2, Batavia, is charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Williams was stopped for an alleged traffic violation at 3:17 a.m. Saturday on Bogue Avenue, Batavia, by Officer Chad Richards.

Click here or click the graphic to enter the contest. You must both like the Council Opticians page on Facebook and complete the contest registration to be eligible to win.

Town of Batavia firefighters took a break from their extrication training Monday night to show off the Harley-Davidson Fatboy that one lucky raffle ticket buyer could win July 27.

Tickets are $20 and are available for purchase at the fire hall on Lewiston Road or from a Town of Batavia volunteer.

Only about 600 of the 2,500 tickets remain.

The Harley raffle party will once again include a beer tent, music by 7th Heaven and BBQ from Alex's Place. The public is welcome to join the party. It's not necessary to buy a ticket to attend.

This year's Harley committee is Steve Coburn and John Mullen, co-chairs, and Stephen Kowalcyk and Bob Tripp.

James P. Garcia Michael A. Olivo Larry E. Fitoria Anthony F. Bovenzi-Ortiz

An apparent burglary of Batavia's AT&T store was thwarted overnight when a sergeant with the Sheriff's Office spotted a suspicious vehicle on Veterans Memorial Drive and decided to check it out.

Sgt. Brian Frieday had just left the Park Road station at 3:30 a.m. when he spotted a vehicle road side with its emergency flashers activated.

According to Investigator Kris Kautz, Frieday's suspicions mounted when the driver, the lone occupant of the car, had trouble answering his questions, so he decided to look around.

A window had been broken out of the AT&T store and additional officers from the Sheriff's Office and Batavia PD responded. 

Allegedly stolen merchandise was discovered in the Target parking lot.

Shortly before 4:30, three additional suspects were located and taken into custody on Oak Street near Noonan Drive.

Following a daylong investigation, the four young men were arraigned this evening in Batavia Town Court in front of Justice Thomas Williams on a charge of burglary in the third degree and ordered held on bail of $10,000 each.

The suspects, all from Rochester, are identified as James P. Garcia, 23, of 26 Dunn St.; Anthony F. Bovenzi-Ortiz, 18, of 19 Peckham St.; Michael A. Olivo, 20, 162 Atlantic Ave.; and, Larry E. Fitoria, 20, of 5239 Culver Road.

A partial inventory of the allegedly stolen items include a Kindle Fire HD, Samsung Galaxy Tab 2, Ipad Mini, LG Optimus Pro, Nokia Lunia 920, Blackberry Z10, Samsung Galaxy S-IV, 10 Samsung Galaxy S-IIIs, an Apple iPhone 4, two Apple iPhone 5s and an Apple iPhone 3g.

The total value of the allegedly stolen merchandise is $9,824.

During arraignment, Williams told the defendants that the evidence against them included at least one oral admission.

Olivio asked Williams, "But they got their property back, right?"

Bonvenzi-Ortiz asked Williams, "How do I get out of trouble right now? I'll totally cooperate. I have school tomorrow. I need to take finals to graduate. I just want to go to school and do my finals."

Williams told the young man that without a bail evaluation, which Genesee Justice will complete after meeting with him tomorrow, he had to set bail at $10,000.

None of the defendants have a prior criminal record.

Five people are reportedly fighting at Sunrise Parkway, Oakfield.

Deputies are responding.

UPDATE 9:40 p.m.: Deputies on scene. "Things have calmed down."

Press release:

To mark National Small Business Week, Congressman Chris Collins (NY-27) is asking small business owners in his district to complete an online survey about the economy and other issues impacting the small business sector. Starting today, Collins will be e-mailing the survey to small business owners across the eight counties of New York’s 27th Congressional District. Small business owners not a part of the Congressman’s e-mail list are encouraged to complete the survey on the Congressman’s Web site.

The survey asks local small business owners to weigh in on such topics as federal regulations, taxes, and the new employer mandate which is part of the President’s healthcare law. Collins is also asking small business owners to report on recent hiring activity, reasons why owners are or are not hiring, and what programs they would like to see the federal government pursue to spur small business growth and development.

“As a small business owner myself, I understand firsthand the challenges and hurdles business owners face on a day-to-day basis,” Collins said. “As a member of Congress, one of my top goals is to continue to push hard for common-sense polices that create the right kind of economic environment for small business entrepreneurs to expand their company or start a new business, and hire more people. While I will continue to visit directly with small business owners all across NY-27, this survey is a great opportunity to hear from a wide array of small business owners so I can best represent their interests in Washington.”

Collins is a member of the House Small Business Committee and chairman of its Subcommittee on Health and Technology. National Small Business Week runs from June 17 through June 21. On June 21, Collins will host a roundtable meeting, talking with small business owners directly about the issues addressed in the survey.

The survey can be found online at chriscollins.house.gov

Residents of Vernon Avenue and South Swan Street may have times of limited access to their properties during milling operations on the road surface Wednesday.

Residents are asked not to park on the street that day.

Milling work will begin on Vernon Avenue and move to South Swan later in the day.

In case of rain, milling will take place on Thursday.

Repaving is scheduled for the first week of July.