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Cargill workers do volunteer clean up on ARC buses

By Howard B. Owens

Press release:

On June 25th,  Cargill observed their annual Green Day by sending 19 of the local employees to volunteer at the Genesee ARC Transportation Department.  The volunteers washed 18 buses and vans inside and out that are used by the Transportation Department in transporting children and adults with disabilities.  The community enrichment activity was part of the company’s Green Day event that is celebrated across Cargill’s 46 plants throughout the United States.

In a statement from Plant Manager, Joe Washburn, Cargill Animal Nutrition observes Green Day annually as an opportunity to celebrate their success of the past year, and to reflect on the ideals within the Green Book, a handbook held by all employees that lists the ideals by which Cargill will operate its business, and goals that are set out for all employees.  One of these goals is Community Enrichment. According to Washburn, “Everyone improves the communities in which they live and work for a better tomorrow.”  Cargill’s 46 Animal Nutrition Plants throughout the US are working to donate time to their local communities not just on Green Day, but throughout the year.  On a national level 1500 Cargill employees logged nearly 1400 hours of volunteer service. The company has donated $337,000 in community funds and $10,00 locally.

Cargill’s Batavia plant is located on Wortendyke Road.

Flowers by Dick Burton closing its doors for the last time Monday

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UMMC participates in landmark Safe Motherhood Initiative

By Billie Owens

Press release:

United Memorial Medical Center is participating in the American College of Obstetrics and Gynecology landmark effort, the Safe Motherhood Initiative to combat maternal mortality and morbidity in New York State.

The Safe Motherhood Initiative is working with healthcare providers and birthing facilities to develop and implement standard approaches for handling obstetric emergencies such as obstetric hemorrhage (severe bleeding), venous thromboembolism (blood clots), and severe hypertension in pregnancy (high blood pressure).

The project has one goal: to save the lives of women faced with severe complications related to pregnancy and childbirth. Close to 99 percent of the nearly 250,000 live births in New York State result in the discharge of a mother and her baby. Yet, there are mothers who die or suffer severe permanent harm. New York State currently ranks 47th in the country for its maternal mortality rate.

Participation in the program is an example of United Memorial’s commitment to patient safety and quality and to the continual improvement and implementation of best practices.

The program will provide maternal safety bundles consisting of clinical education videos, algorithms, step-by-step checklists and other hands-on materials to help obstetric providers adopt uniform clinical protocols to improve the diagnosis, prevention, and management of the leading causes of maternal death.

The program is funded by Merck for Mothers, a 10-year, $500 million initiative focused on creating a world where no woman dies giving life. Additional information may be found at www.merckformothers.com.

United Memorial Medical Center provides obstetric and gynecologic physician services through the Women’s Care Centers located at 33 Chandler Ave. in Batavia and at 100 Ohio St. in Medina. In 2013, approximately 650 new babies were safely delivered at United Memorial.

Residents again turn out at Town of Le Roy board meeting to support Frost Ridge

By Howard B. Owens

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

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

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

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

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

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

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

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

Batavia Cab returns to service after repairing its one vehicle

By Howard B. Owens

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

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

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

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

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

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

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

UMMC receives accreditation for Wound Care Center from Undersea Hyperbaric Medical Society

By Billie Owens

Press release:

United Memorial Medical Center is pleased to announce that it has received UHMS (Undersea Hyperbaric Medical Society) accreditation for the Wound Care Center. The accreditation is valid for two years.

Wounds that take longer than 28 days to heal can be considered chronic and may be attributed to inadequate circulation, poorly functioning veins, lack of mobility, underlying illnesses, burn injuries and late effect radiation exposure; all of which can result in a lowered quality of life.

The Wound Care Center at United Memorial has achieved excellent heal rates and patients continually rank the Center above the 98th percentile for satisfaction. United Memorial’s specialized Wound Care & Hyperbaric Medicine Outpatient Care Center is provided through a partnership with Healogics™, the world’s largest wound care management company with more than 500 hospital partners worldwide. Our multidisciplinary team addresses the needs of patients with wounds that have not responded to conventional treatment.

Hyperbaric Oxygen Therapy is one of the many treatment options available to Wound Care Center patients at United Memorial. It uses a special chamber, frequently called a pressure chamber to increase the amount of oxygen in the blood. The air pressure within the chamber is about two and a half times greater than normal air pressure and helps the blood carry more oxygen to tissues and organs within the body. This can help wounds and infections heal more quickly. Patients are awake for the treatments, which last for 90-120 minutes at each session. Patients rest comfortably on the table and are able to read, watch television or listen to music.

Since 2001, the UHMS has offered a clinical hyperbaric medicine facility accreditation program. United Memorial demonstrated their commitment to patient care and facility safety by voluntarily participating in this program. When invited to perform an accreditation survey, the UHMS sent a team of experts to United Memorial to examine staffing and training, equipment installation, operation, and maintenance, facility and patient safety, and standards of care.

The Undersea and Hyperbaric Medical Society (UHMS) was formed in 1967. It is an international nonprofit association serving more than 2,000 physicians, scientists, associates and nurses from more than 50 countries in the fields of hyperbaric and dive medicine. The UHMS is an important source of scientific and medical information pertaining to hyperbaric medicine involving hyperbaric oxygen therapy and diving through its bimonthly, peer-reviewed journal, Undersea and Hyperbaric Medicine, symposia, workshops, books and other publications.

Craig Yunker appointed to GCEDC board of directors

By Howard B. Owens

Press release:

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

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

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

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

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

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

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

Nationwide auto auction chain to purchase 30 acres for new facility in Bergen

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

Photos: Cutting masonry on Center Street

By Howard B. Owens

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

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

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

Owners of the Rack Shack confident you'll go out of your way for their BBQ

By Howard B. Owens

How far would you drive for really good BBQ? Yesterday, somebody reportedly drove 70 miles to try out Batavia's newest BBQ joint -- The Rack Shack, on Ellicott Street Road.

Open just a week and with little fanfare, the owners of the new restaurant are finding their location just a bit outside the city is well suited to the business they want to build.

"The location presented itself and we thought it was a good opportunity," said co-owner Mandee Hopkins.

The location was most recently Rosie's Diner. Rosie's nor the prior diner, Fedora's, really worked out for those owners. But Hopkins said she and her partners like the location because of the high volume of traffic on Route 63, the fact that the east side of Batavia -- with the ag park -- is growing, and they are confident good BBQ will make the restaurant a destination for smoked pork and beef aficionados.

The co-owners are her husband Jason, who has 25 years experience in the restaurant business, including working as head chef at the Hillside Inn and sous chef at the Valley Inn, and Jim and Melissa Penders. Jim is an award-winning BBQer who has worked in catering for 15 years.

"BBQ is what they love," Mandee said. "It's what they love to eat. It's what they love to cook, and it's a skill that needs to be mastered."

Mastered it, they have. The menu boasts that the pork ribs are so tender they melt off the bone. They'll never be accused of false advertising on that point.

The menu is filled with Southern flavor, from cole slaw to collard greens to cajun catfish along with WNY favorites such as salt potatoes, Pittsburgh salad, and their own version of the garbage plate, called the Shack Attack.

"We want to offer a warm, comfortable atmosphere where people can enjoy their food," Mandee said. "We believe in high standards and treating people like family."

Hawleys give Rotary members a sneak peek at new malt house

By Howard B. Owens

Ted and Patty Hawley have been working for three years to open a malting house in Batavia. The process is almost done, and Tuesday, the Hawleys provided a tour of their new facility on their farm on Bank Street Road to members of the Batavia Rotary Club.

Ted Hawley spoke for about 20 minutes about the history of malting and beer brewing in New York, why he decided to get into malting and how the process works.

Rotary members were able to sample the taste of about a half dozen different barley grains.

At one time, New York was number one in barley and hops, but the emergence of better growing areas and prohibition killed the industries in the state.

In Batavia, decades ago, there was a malt house off Elm Street owned by Charles Fisher, and Genesee Brewery made malt in a facility on Lyons Street.

Even though there are no commercial breweries in Genesee County now, microbreweries are popping up all over the state, even in WNY.  The growing demand for malt is what got the Hawleys interested in starting their own operation. 

Once the new malt house is fully up and running, Hawley said there's already enough demand from microbreweries in WNY that he doubts any of his malt will be sold to downstate markets.

Before a resurgence in microbreweries in New York (there are now 128), it had been generations since malting barley was grown locally.  

It's a challenge to grow in New York because of moist air. Fungus can wipe out whole crops and at harvest time, there's a short window of opportunity to combine the stocks before the grain starts to germinate.  

Last year, the Hawley's lost 40 acres of grain because of a day or two of rain right when the barley should have been harvested.

Hawley said the grain looked good in the field. It looked good after the straw was cut and the grain was brought to the malt house, but when he did a pre-germination test, he found that at a microscopic level, it had already germinated, killing all of the enzymes. 

Some of that barley went to area distilleries, which can still use barley at that stage, but most of it became livestock feed.

In order to grow enough barley for his three-tons-a-day malting operation, Hawley needs to partner with local farms to grow his barley (and Hawley is still running experiments with Cornell Cooperative Extension to find the right variety of barley to grow locally -- a four to five year process).

It can be daunting to introduce the idea to a farmer who has no experience with malt varieties of barely (which are higher in enzymes and lower in protein than feed barely).

"It's a real challenge to grow it," Hawley said. "When I talk with a farmer about growing it for me, it's hard not to deter them."

To grow it, a farmer must use about half as much nitrate fertilizer as he would for feed or wheat. There's a limited five-day window to spray for fungus, which if missed means the crop is lost. And at harvest, the combine must be run at about half speed so the grain heads aren't scabbed.

For all that, Hawley said, it's still a worthwhile crop for the right farmers.

"It's a very good gamble," Hawley said. "I'll pay them twice what it's worth as feed. It could be very lucrative to somebody who takes good care of the crop."

Previously:

Public hearing scheduled on proposed tax incentives for U.S. Gypsum expansion

By Howard B. Owens

The public is invited to weigh in during a public hearing at 4 p.m. Monday Tuesday, June 24, on a proposal to provide U.S. Gypsum with tax incentives for a major upgrade to its Oakfield plant.

The proposed tax abatements total $375,748.

U.S. Gypsum is considering investing $23.6 million in the plant, adding production capabilities that would create 12 new production jobs within three years after the project is completed.

Project description:

The United States Gypsum Corporation (USG) is considering upgrading its Oakfield, NY, paper mill, which currently supplies USG wallboard plants with the back paper "newsline" for sheetrock wallboard, to include face paper "manila" production capacity.

The Project includes replacing and relocating the hydropulper and detrashing equipment, stock cleaning, and manila production. Management has been considering upgrades to the facility as it is more efficient to produce the back as well as the front paper applications. Completing this Project will improve safety, quality, and efficiency to ensure the longevity of the facility as well as the retention and creation of manufacturing jobs.

The investment for the Project is expected to be approximately $23 million and will be implemented in three separate phases. Phase I activities, which are expected to commence approximately in the second quarter of 2014, will include replacing and relocating the filler pulper. Phase II will require stock cleaning which will commence in 2015. During Phase III, the facility will begin manila production which will commence in 2016.

If completed, the project is expected to retain 98 jobs at the Oakfield plant.

The proposed tax relief package includes $132,960 in sales tax exemption and $242,788 in property tax abatements on an 18,400-square-foot addition, creating an increased assessed value.

U.S. Gypsum would save $242,788 in taxes on the increase assessed value (while continuing to pay current property taxes) over 10 years.

The public hearing is scheduled to be held at the Oakfield Town Hall, 3219 Drake St., Oakfield.

Local entrepreneur has growing new business on Cedar Street

By Howard B. Owens

The way 29-year-old Curtis Gallagher sees it, he's finally found a niche in business that isn't already occupied by a hundred other guys doing the same thing.

He's tried blacktop sealing and for two years he ran his own detailing and tinting shop. Now he's selling everything you need to start and maintain your own hydroponic garden.

A week ago he opened Nature's Best Hydro-Garden Center on Cedar Street, Batavia.

Hydroponics is an increasingly popular way for people to grow fruits, vegetables and even flowers without soil. The main medium is water, supplemented with nutrients.

"It's really pretty simple," Gallagher said. "A lot of people are intimidated. They think there's a lot to it, but it's very simple, and the growth rate for the plants and vegetables is twice as fast with hydroponics than in soil."

Gallagher sells everything a hydroponic gardner needs -- the trays and bins, grow tents, grow lights, nutrients and other items gardeners might use.

He settled on hydroponics for his new business because he found that he had a hard time getting what he needed locally to support his own hobby.

So far, he's drawing customers from throughout the GLOW region.

"There's a lot of people who have to travel out of town, so instead of spending their money in the community, they're spending it in Rochester or Buffalo," Gallagher said. "I'm trying to keep it in the community."

His parents loaned him the money to get started, though they were skeptical at first.

 "My parents asked me, are you sure, and I'm like, 'the only way to find out is to try it,' " Gallagher said.

He got out of the detailing business when his lease expired on his building and the landlord wouldn't renew it. He decided it wasn't worth it to try and open a new location.

When he started thinking of a new career, he realized he already had one growing.

"I'm really the only person around here doing this kind of work, and I think around this area, Genesee County, you have to be more creative," Gallagher said. "You have to have something that's more unique to be able to succeed verus just opening up something that everybody else is doing already. Whoever has their foot in the door first is the one who stays with their foot in the door."

Now, Gallagher is looking forward to each new workday.

"It's almost like having a pet," Gallagher said. "Like my tomato plants over there, every day when I come in it's like another tomato and another tomato. It's growing so fast I can't believe it. It's fun. I'm into hunting and fishing. It's like another hobby. Now it's turned into a career, I guess."

P.W. Minor reportedly tells employees the business is closing

By Howard B. Owens

Executives at P.W. Minor, a locally founded, 147-year-old business, reportedly told employees today that the firm is closing July 31 and the workers will be out of their jobs.

Employees posted about the announcement on Facebook and The Batavian contacted two employees directly. One wouldn't comment, the other confirmed the announcement.

The shoe-manufacturing company was founded in 1867 by two Civil War veterans who originally called their company Minor Brothers Boots and Shoes.

The Batavian e-mailed P.W. Minor's CEO Wally Hinchey at about 6 p.m. seeking comment and has not received a response.

Group of Le Roy residents upset with sale of old town dump to company for recycling facility

By Howard B. Owens

A year ago, Town of Le Roy officials took a look at 118 acres of land on its books and decided the town really had no short-term nor long-term use for it, so they decided to put it up for sale.

That decision came under fire from about five local residents at the town board's Thursday meeting.

The parcel is being sold to Zoladz Construction Co. for $95,000. Zoladz plans to open a facility to recycle municipal green waste and concrete from reconstruction projects.

Neighboring landowners are concerned about the noise, the dust and the possible pollution.

"We don't dispute your right to sell it," Thomas Ryan said. "It's who you sold it to."

Supervisor Steve Barbeau spoke at length about the history of the property and the decision to sell it. He said the sale was advertised in the Le Roy PennySaver and the Genesee Valley PennySaver and he wrote about it in his column for the Le Roy PennySaver.

In the end, only two potential buyers came forward: One offering about $40,000 and Zoladz.

The lower bid came from an outdoor club that would have used the property for hunting. 

Town Attorney Reid Whiting said the town tried to convince the club to increase its bid, but the club leadership said that just wasn't possible.

The board didn't act on Zoladz's offer right away. Instead, Barbeau took the issue to the Le Roy Business Council for advice and feedback.

Members there, he said, supported accepting the higher bid from the commercial business, getting the property back on the tax roles.

The board held another public meeting about the issue and then decided to accept Zoladz's purchase offer.

It's still not a done deal, Barbeau said, and even once the property is conveyed to Zoladz, the company must still seek DEC permits and get zoning approval.

While the property is in an industrial zone, the list of permitted uses in Le Roy's industrial zone doesn't include green waste and concrete recycling. The company will need a variance for such an operation, which must be approved by the Zoning Board of Appeals and the Town Board.

The parcel is located off Neid Road, just north of Gulf Road, in an area dominated by Hanson and Dolomite quarries. It's near the Lehigh Railroad derailment site, which Barbeau noted the town got an unrequested reminder about a couple of years ago.

Tom Dintruff and other neighbors raised concerns about possible pollution at the site.

At one time, the site was a quarry, then in the 1940s, it became a town dump. In 1979, a fire shut it down.

The fire burned for 10 days with various fire departments dumping water on it to try and control it, Dintruff said.

Dintruff said one local business owner advised against even trying to put the fire out, especially with water.

"You don't know what's in there," Dintruff said the man told town officials. "He wasn't saying it's a mystery. He was saying he knew what was in there."

The land has been unused and unoccupied since.

Ryan, Charlie Miller and Keith Maxwell raised concerns about truck traffic and noise.

Ryan said when he bought his land, it was with the belief that the old town dump would never be used again because of the environmental issues.

"I wouldn't have bought my place if I'd known there would be trucks running up and down my front yard," he said.

The roadway into the dump is just 55 feet from the front of his house.

He added, "Neid Road is already starting to crumble. There are no shoulders. I don't think it's set up for industrial traffic."

There was no resolution to the issue for the local residents last night and no promises were made by the board regarding future actions.

Le Roy residents debate town board over Frost Ridge lawsuit

By Howard B. Owens

The Town of Le Roy Board had no choice but to pursue a lawsuit against one of its own local businesses, attorney Reid Whiting said Thursday night during a discussion with town residents of the Frost Ridge legal proceedings.

About 25 Frost Ridge supporters turned out to the board meeting and spoke up during a conversation that lasted at least 90 minutes.

There were no speakers supporting the board's lawsuit.

Frost Ridge is being sued by both the town and two neighboring residents over its very existence as a campground and its ability to hold outdoor music concerts.

The neighbors, David and Marny Cleere and Scott and Betsy Collins, have been pushing the town to enforce its zoning ordinance in regards to Frost Ridge, Whiting said. The two couples made it clear, Whiting said, the town would be sued if it failed to enforce its ordinances.

Such a failure, Whiting said, would embolden others to violate the zoning code and give the town little recourse for enforcement.

"If we ignored the violations, we would be found in dereliction of our duty and we would not be able to defend ourselves in other matters," Whiting said.

Later in the meeting, he said, "We did not act lightly. We did not act recklessly. We did not act without thought. We have a statutory duty to enforce the laws of Le Roy. If we do not, we are at risk. If we're at risk, you're all at risk."

The town board decided to sue Frost Ridge rather than defend its own Zoning Board of Appeals, which determined in 1978 and again 2013 that Frost Ridge was an existing, nonconforming use and permissible under the town's law.

Supervisor Steve Barbeau (second photo) said the ZBA overstepped its authority by making those determinations.

"The issue of whether something is grandfathered in or not grandfathered in is not their decision," Barbeau said. "If in the 1960s a record of music was played over the PA system so now that translates into Molly Hatchett coming in for a concert, if you believe that's the case, that's not something within the purview of the ZBA to rule on."

Both Whiting and Barbeau made the point that the town board was not criticizing the ZBA or arguing with the ZBA. The town did not sue the ZBA. Cleere/Collins sued the ZBA.

Whiting leaned heavily in more than one statement that the town's position obviously had merit because Judge Robert C. Noonan issued a temporary injunction against amplified music and alcohol sales at Frost Ridge.

"Judge Noonan takes precedent over anything the town board does," Whiting said.

When Eilleen Sherman Dries (top photo) said a code enforcement officer, who trained the town's current officer, told her Frost Ridge was a pre-existing nonconforming use, Whiting snapped, "The only thing that matters is what Noonan says."

At the hearing prior to Noonan's ruling, the ZBA was not represented. Whiting told Noonan during the hearing that the ZBA had been served notice that it was a defendant in the Cleere/Collins suit but chose not to be represented. That turned out not to be an accurate statement. Chairwoman Debbie Jackett has since said the board stands behind its determination that Frost Ridge is not violating existing town code.

The ZBA will be represented by its own attorney, paid for by the town, at further court proceedings.

Late in the meeting, Whiting said the town is just a secondary player in the legal proceedings, even though Noonan denied the Cleere/Collins side its own request for an injunction, granting just the town's request for an injunction.

If the other sides in the case were able to come to an agreement, Whiting said, he would not interfere with the agreement, but bring it back to the town board for consideration.

Coming to an agreement was the major request of just about every resident who spoke during the meeting.

"This is revenue we had and now it's going to Caledonia instead of Genesee County," said Lucie Ann Griffis (Disclosure, Griffis is a part-time sales rep for The Batavian). "This is revenue that not only the town needs, but the whole area needs. It's a shame the town board couldn't jump aboard on this and instead of saying what we can't do, saying what we can do.

"It's a shame what's being said about use, about the town not being friendly to business. I'm a lifer here. This is a travesty that we're losing this revenue based on the complaints of just a couple of people."

Carl (who refused to provide his last name) also complained about lost business.

"The town board should be out trying to promote the town and promote business and not take away a business because of some violation of code, because one or two complaints, and shut something down," Carl said. "The board should try and do some something to help them."

A couple sitting behind Carl said they were from Rochester and camp regularly at Frost Ridge, and have camped there since before the current ownership. They both said Le Roy has started to gain a bad reputation in Rochester because of situations like this.

Jennifer Keys also spoke in favor of finding some compromise that could save Frost Ridge.

"We cannot deny that Frost Ridge is a great source of revenue for our community," Keys said. "I would like to see it worked out so that the revenue stays here rather than going to Caledonia or Batavia."

Barbeau said the town has already tried to reach a compromise with Frost Ridge owners Greg and David Luetticke-Archbell, but at the 11th hour, the owners hired an attorney who withdrew their application for a special use permit for the campground.

"Once they conformed to that, then they could seek out a variance for concerts," Barbeau said. "There was no guarantee at all. It would have gone through the ZBA, then the planning board and then a public hearing and then the town board."

Keys responded, "I don't want to speak for the owners, but since they're not here, it's my understanding that county planning told them you can't do that, that their application (for a special use permit) wasn't valid because they didn't need it. They felt threatened and things blew up and here we are now. I would still hope something could be worked out."

Greg and David are out of town and not available for clarification, but The Batavian has previously spoke to sources who said Greg and David were advised by their attorney at the time that the special use permit was a trap. The issuance of a permit would negate prior rulings by the ZBA and end concerts at the Ridge.

Barbeau said he did try to find a compromise for Frost Ridge last summer and that he convinced Cleere/Collins to hold off on a suit during the 2013 concert season because shutting things down with contracts signed and deposits paid would have been economically devastating for Greg and David.

"I do bristle and I will continue to bristle when people say we didn't try as a town board to do anything to work things out," Barbeau said.

Barbeau said if Frost Ridge had continued with its application, he was confident it would have been approved by the board unanimously and then he was going to propose a town-wide zoning change that would have permitted concerts on any property three times a year -- Memorial Day, the Oatka Festival and July 4.

Frost Ridge hosts concerts at least nine times a year.

"They were gambling (when they withdrew their application) and they gambled wrong," Whiting said.

A man named Steve (who also refused to give his last name), made one last plea for resolution favorable to the town near the end of the discussion.

"This is a no-win situation," Steve said. "If you win the lawsuit, you lose all that revenue from all those people who come to Frost Ridge. "If you lose the lawsuit, you're going to owe the campground all that money, all the while costing me and the other residents a lot of money. You need to get in a room with everybody and work it out."

One audience member kept asking how the supporters could go about getting an item on the agenda at a future board meeting about the board reconsidering its position, and the answer was, there's a public comments section on every agenda.

"I want to know when we can ask you to represent the majority of the people in Le Roy instead of just two people," she said.

Collins says FDA's proposed new cheese rules stink

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today is blasting a proposal by the Food and Drug Administration (FDA) that will significantly hurt the local cheese industry. The FDA is contemplating banning cheese makers from the centuries-old practice of aging cheese on wooden boards. This process is commonplace among artisan cheese makers operating across New York’s 27th Congressional District.

“This is just the latest example of a federal government hell-bent on regulating everything it can get its hands on,” Congressman Collins said. “The process of aging cheese on wood boards is older than the federal government itself. Once again, the bureaucrats in Washington who are totally out of touch with the real world are arbitrarily introducing new rules and regulations that will hurt local economies, cost people their jobs, and stall business growth.”

Approximately 15 to 20 percent of the cheese made by Yancey's Fancy in Pembroke, NY, (Genesee County) is aged on wooden boards. The company recently announced a major expansion aimed at increasing production of the very cheeses aged through the process targeted by the FDA. The company currently employs 120 people.

“The proposal that FDA has made to ban the use of wood for curing cheese will negatively impact our plans to grow the natural side of our specialty cheese business,” said Brian Bailey, VP of Operations for Yancey's Fancy. “My understanding is that the rule was going forward without any discussion with the cheese industry, and apparently without any consideration to the impact that such a ruling would have.

"There is a far greater tonnage of cheese imported into the United States that is cured on wood than what is made in the United States, yet I haven’t heard of any ruling to address that issue either. There is plenty of science that supports wood as a safe material for curing cheese but I’ve seen no evidence to date that science has been considered...Producing safe, quality food is as much our mission and goal as it is FDA’s. Our existence depends on it.”

Congressman Collins is sending a letter to the FDA encouraging them to abandon this proposal immediately. A significant amount of cheese imported from abroad is aged on wood boards and currently not subject to FDA’s scrutiny of this particular aging process. In reacting to the proposal, American cheese makers said the FDA was not acting on sound science or law.

County Legislature recognizes June as Dairy Month

By Howard B. Owens

In honor of Dairy Month, the Genesee County Legislature presented Dairy Princess Kayla Wormuth with a proclamation recognizing the contribution dairy makes to the local economy and the nutrition of people. Legislator Shelly Stein, right, presented the resolution. Also participating were dairy ambassadors Becca Slattery and Mary Sweeney, and Georgia Luft, dairy maid.

 

WNY Pediatric Gastroenterology opens office in Batavia

By Billie Owens

Press release:

WNY Pediatric Gastroenterology (WNYPG) announces the opening of their Batavia practice focusing on the care of infants, children and adolescents with gastrointestinal, liver and nutritional disorders.

With the escalation of autoimmune disorders in WNY children, including celiac disease and inflammatory bowel disease, the physicians and other medical staff at WNYPG want Western New Yorkers to know that they are accepting new patients without long wait times.

The medical practice is located at 166 Washington Ave. Phone is 225-4132. (Web: wnypedgi.com)

They are committed to see patients within 48 hours. Dr. Daniel Gelfond focuses a significant portion of his practice on celiac disease and is a medical advisor to the WNY Gluten Free Diet Support Group.

Gelfond completed his residency at Long Island College Hospital and Beth Israel Medical Center in New York City, and completed his fellowship at the University of Maryland School of Medicine, where he worked with world renowned, Dr. Alessio Fasano at the Center for Celiac Research.

A nationally recognized physician scientist, Dr. Gelfond conducts clinical investigations studying gastrointestinal disorders in patients with cystic fibrosis. He is board certified in Pediatric Gastroenterology and Nutrition, and accredited by the Royal College of Physician Educators. He has contributed to numerous publications, and recently published a textbook titled Pediatric Gastroenterology.

Dr. Humaira Hashmi completed her residency in Pediatrics at Cooper University Hospital in New Jersey, and her fellowship in Pediatric Gastroenterology at Women & Children’s Hospital in Buffalo. Dr. Hashmi enjoys teaching, and has a special interest in managing children and adolescents with Inflammatory Bowel Disease. She also focuses on childhood obesity and helps families educate and manage their children’s nutrition.

Dr. Hashmi is actively involved in local and national clinical studies, is a member of the North American Society of Pediatric Gastroenterology, Hepatology, and Nutrition, and a member of the Gastroenterology Women’s Coalition. Dr. Hashmi is board certified in Pediatrics and Pediatric Gastroenterology and Nutrition, and accredited by the Royal College of Physician Educators, and contributes to numerous publications.

Both physicians are excited to be working together to help children and families throughout Western New York with gastrointestinal and nutritional issues. Dr. Gelfond lives with his wife and three children in East Amherst. Dr. Hashmi also lives in East Amherst with her husband, and their three children.

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