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New offer from LLC to purchase Wiss Hotel meets renewed opposition to preservation

By Howard B. Owens

Preservationists in Le Roy are making a last-ditch effort to save the Wiss Hotel building at the corner of Lake Street and Main Street, the gateway into the village.

Trustees gave Wiss Hotel supporters very little reason to believe during the course of Wednesday night's village hall meeting that they will accept this new offer.

"I'll reserve judgment until I read the proposal, but I have a mind right now that it needs to come down," Trustee Robert Taylor said.

Only Trustee Jennifer Keys is clearly a supporter of preservation and Trustee Jim Bonacquisti, who two weeks ago almost wavered on his opposition to saving the Wiss, came out strongly in favor of getting rid of the building.

Trustee Mike Tucci, who was adamant two weeks ago that the building come down, was absent.

Mayor Greg Rogers said this week, as he did two weeks ago, that accepting the offer is a sound business decision, but once again expressed a level of disagreement with the idea that the building should be saved.

Rogers said the board will discuss the offer in closed session at a time when all five members are present and vote on it publicly afterward.

Attorney Bob Fussell, who has been leading the citizen effort, told village trustees last night that the new offer addresses some of the apparent objections raised two weeks ago, when trustees failed to adopt a proposed counteroffer to the group.

The key points:

  • There is now officially a Le Roy LLC;
  • The group would pay $10,000 to the village at the close of escrow;
  • The time line for taking over the building and ensuring its safety is accelerated.

Even with these changes, a number of residents who attended last evening's meeting raised objections to the trustees selling the property to the LLC.

"We’re sitting here waiting for somebody to really get hurt, and the liability you’re going to incur is going to be a hell of a lot more then the cost of tearing it down," Jim Nielsen told the board.

Later in the meeting, Fussell countered Nielsen, noting that it won't be possible for the village to get the building demolished any faster than the LLC could take it over.

Resident Tom Spadaro offered $125,000 on the spot for the Wiss lot once the building is down and the hole is filled in. He said the lot is worth at least $250,000.

New estimates for tearing the building down range from $146,000 to more than $200,000, but it's unclear if that includes any liability for asbestos abatement or any possible contamination remediation.

Rogers said if the building is torn down, the village will actively seek a buyer for the lot at a market rate, even if takes a couple of years to find such a buyer.

"If we go through with taking it down, we're going to sell it and try to come out ahead," Rogers said.

Residents in opposition called the Wiss an eyesore, dangerous and a fire trap.

Eve Hens, who owns the adjoining building and has residential tenants, said she's constantly in fear of a fire at the Wiss.

"It scares the heck out of me that if there’s a fire in that building it could travel not only into our building, but all the way down Main Street," Heus said.

She called destruction of the Wiss an "urgent issue."

(CLARIFICATION: Possibly because of my misunderstanding, but Hens e-mailed to say that she isn't opposed to saving the Wiss, just that something must be done immediately because of the fire danger, whether it's demolition or restoration; it's an urgent issue.)

Fire Chief Tom Wood agreed it's an urgent issue, and stressed that something be done. But whether that means tearing it down or restoring it, isn't an issue the fire department takes a position on.

“There’s no possible way I can justify putting guys into this building during a fire situation," Wood said. "Absolutely not. Somebody would get hurt. I hate to say this, I would be lucky to save two building (if there was a fire). This building needs to be torn down or something needs to be done with it right away. We’re dragging our feet. Something has to be done either way you go."

Bonacquisti said he's done some research since the last meeting, and in reaction to those who called construction of the Walgreens in the village a mistake, he noted that the former buildings at that location generated only $4,3100 in sales tax revenue in their final year, whereas last fiscal year, Walgreens generated $9,400 in sales tax.

The store employs 23 people, including 16 Le Roy residents, he said.

People don't move to Le Roy, he said, just because of a beautiful village. They also like the fact that Le Roy is affordable, it is safe and it has good schools, and he considers Walgreens one of the village's businesses as well.

"I do a lot of my business here and I'll tell you, you won't find better customer service than Walgreens," Bonacquisti said. "I know profits go up the corporate chimney, that was a statement that was made, but that’s not a concern of mine. We’re making money here and people are working there."

For preservationists, destruction of the Wiss is more symbolic than a matter of saving a historic or elegant building, which nobody claims as descriptions of the Wiss.

"When demolition becomes the easy way out, we may be looking into a future that does not include a business district at all," wrote Lorie Longhany, who could not attend the meeting, in an e-mail to Fussell.  "A building here, another one over there and the historic nature of this community is gone forever."

Doug Hill said tearing down the Wiss could just unleash a domino effect that would eviscerate the business district.

“When you take that building down, then you’re talking about the building next to it and the building next to that," Hill said. "That’s where you are going to change this whole community. Not with tearing down the Wiss, but the fact that the Wiss property is not big enough probably to develop and you’re going to be going to the next building and the next building and tearing down.

"Pretty soon this is not going to look like a community that is attractive to live here. It’s not going to be historic any more. It’s going to look like off Mount Read Boulevard in Greece."

Candace Bower said her family goes back in Le Roy for 200 years and she for one thinks it's time for Le Roy to stop destroying its heritage.

“We need to stop wringing our hands and putting up more what ifs in the way," She said. "Just dream. This board can be the group that finally decided to look to the future of this village and see what it can be if we dare to dream.”

It's also just practical to save the Wiss, some preservationists argued.

Lisa Compton cited studies that show density equals greater economic benefit to a community.

Terry Keys, husband of Trustee Jennifer Keys, said that once the Wiss is gone, it can't be brought back and the LLC is the only group that has come forward with any kind of plan to do something productive with the building.

"The issue is are we willing to write a check and wait to see what happens or are we willing to take a check and watch what happens?" Terry Keys said.

Dennis Melander said he was initially opposed to saving the Wiss, but after reading Rick Hauser's report, he realized saving the Wiss isn't just a pipe dream, but a practical response to a real problem.

"I would object to any taxpayer money being used on demolition when you have a viable offer right here to take it off your hands and save the cost of the demolition," Melander said.

Fussell said that Hauser has estimated saving the Wiss will cost the LLC $400,000 and he already has verbal commitments for $200,000.

“There are people who are interested," Fussell said. "We may not be able to get it for a week, we may not be able to get it in a month, I don’t know. We may not be able to get it at all. But we’re already half way there.”

College trustees approve two new concentrations in Fashion Business program

By Billie Owens

Press release:

The Genesee Community College Board of Trustees approved two new academic concentrations in the Fashion Business program on Monday night – E-Commerce and Event Planning.

The new concentrations will permit students to focus their study in the rapidly growing fields of online retailing and retail/business event management. The plan for the new concentrations will now be forwarded to the State University of New York and the New York State Education Department for approval.

An academic concentration is a cluster of courses focusing on a specialized topic. Students pursuing either of the new concentrations will still receive a degree in Fashion Business, but they will participate in extensive coursework in their areas of special interest.

The E-Commerce field is experiencing explosive growth, according to Interim Executive Vice President for Academic Affairs Michael S. Stoll. In the early years of the Internet, only a few retailers sold goods and services online. A lot has changed.

"Virtually all major retailers have an online presence and most small- and mid-sized businesses are discovering they need to sell online in order to build their customer base," Stoll told trustees.

Board Chair Maureen T. Marshall recounted a conversation she had with a senior officer of one of the nation's leading retailers who told her that the company was struggling to improve its online presence and needed qualified employees in the e-commerce area. Students pursing the E-Commerce concentration will be prepared to help manage retail Web sites and online processing centers, and plan and implement online retail campaigns.

The Event Planning concentration focuses on the growing number and variety of business-oriented special events, especially retailing events. Retailers based in traditional stores are discovering they often need to stage special promotions and events to attract customers or introduce new product lines, Stoll said.

These include freestanding events in highly trafficked stores, malls and other public locations. Students completing the concentration will be prepared to implement complex event project plans that can include promotion, logistics, food and beverages, security, and a wide variety of other elements that comprise a successful event. Students will also be prepared to plan and implement activities at trade shows and conventions.

The two new concentrations will not require new faculty or staff, Stoll said. Courses involved in the concentrations, such as Customer Relationship Management, Principles of Event Management, Meeting and Convention Planning, Introduction to Project Management, Computer Graphics, Introduction to Web Development, and Web Publishing are already offered as part of other academic programs at Genesee.

Student Trustee Samantha Macey Vogt said that the new Event Management concentration will enrich the experience of many Fashion Business students involved with the college's April Fashion Show. The show is produced entirely by students, who must plan and arrange for thousands of details, Vogt said. The Genesee Community College Fashion Show has earned a reputation for excellence, and is now one of the largest fashion shows in Western New York, attracting about 1,600 guests annually. This year's show is scheduled for April 27 at the Batavia campus.

The Fashion Business program prepares students for a wide variety of careers in the fashion and retailing fields. Graduates work in the design industry, marketing industry, manage wholesaling and distribution operations, and manage retail stores. The popular program attracts students locally and internationally, President James M. Sunser noted.

In other business, trustees approved continuing (four-year) appointments for 35 faculty and staff members, including 11 first-time continuing appointments.

Receiving their first continuing appointments were learning specialist Susan M. Chiddy, instructor/librarian Michelle A. Eichelberger, and the following instructors: Deborah A. Carrasquillo, Nursing;  Amy V. Conley, Accounting; Gary W. Glaser, Biology; Jodi S. Harvey, Teacher Education; Roxanne M. Holthaus, Nursing; Eileen M. Mathis, Psychology and Human Services; Derek D. Maxfield, History; Tonya L. Passamonte, Nursing; and Teresa L. Sukiennicki, Biology.

These faculty and staff members were reappointed:

  • James M. Bucki, director, Academic Computer Technology Programs;
  • Professors Michael A. Crittenden -- Physics, Donna J. Ehrhart -- Business/Computer Information Systems, Kathleen A. Kimber -- Spanish, Frank L. Mayo  -- Speech and Theater, and Jane A. Weston -- Biology;
  • Associate professors Michelle D. Abdella -- Mathematics, Elise C. Banfield -- Psychology, Marina A. Cappellino -- Computer Systems and Network Technologies, Cheryl A. Corke -- Accounting, Julie A. Jackson-Coe -- Reading, Patricia J. Kendall-Cargill -- Nursing, Pamela E. Swarts -- Digital Art;
  • Assistant professor/librarian Nichola J. Lerczak;
  • Academic advisor Mary Jo Dumuhosky;
  • Technical specialists Lisa E. Papke -- Office of Financial Assistance, Katie M. Brown -- Office of Financial Assistance, Amy L. Churchfield -- Dansville Campus Center, and Carrie E. Sputore -- Office of Admissions;
  • Technical assistants Nina I. Mortellaro -- Human Communications and Behavior, and David W. Sink -- Arcade Campus Center;
  • Academic support assistant Judith M. Littlejohn;
  • Athletic assistant Ronald L. Spiotta;
  • And Student Resource Center associate Jennifer L. Ross.

Trustees also:

•    Heard Vice President for Student and Enrollment Services Virginia M. Taylor report that the opening of classes Monday went smoothly. She said that some students waited until the last minute to register for classes. "The Records and Advisement offices were swamped today," she said. Taylor noted that the college's 12-week course session will begin Feb. 11, and prospective students who have not registered for the Spring 2013 semester but who still wish to pursue study this semester can register for 12-week session classes now.

•    Heard Director of Development and External Affairs Richard G. Ensman Jr. report on the current activities of the Genesee Community College Foundation. He said that current priorities include alumni and community outreach, regional giving, additional student housing services, and growth of Trek the Trail, a springtime fundraising event for friends and alumni. Ensman also said that the foundation hopes to provide support for the college's Facilities Master Plan. "There's a lot of interest and excitement about what this Facilities Master Plan can mean to the college and the community," he said.

•    Heard President Sunser report that Jamie L. Chappius has joined the college's staff as technical assistant at the Medina Campus Center. She is a resident of Albion, and most recently served as a graduate assistant at the School of Nursing at the University at Buffalo. She holds B.A. and Ed.M. degrees from the University at Buffalo.

Sponsored Post: YNGodess & Rotary Club of Le Roy Super Bowl Raffle!

By Lisa Ace

Super Bowl Raffle sponsored by The Rotary Club of Le Roy -- The club is raffling off a 43" Samsung HDTD/LED with a 2-year warranty. Tickets are $5 each or 3/$10. Drawing is February 2nd at Spirits in Le Roy. Tickets are now available at The YNgodess Shop.

All proceeds will be given to: Rotary Club of Le Roy, Le Roy Youth Soccer, Le Roy Little League, Oat-ka Festival Backyard Circus, Le Roy Youth Wrestling, Grace's Kitchen R.E.A.L. - Rotary Excited About Literacy, and the Hurricane Sandy relief effort.

So stop by The YNgodess and get your ticket today at 73 Main St., Batavia.

Former Center Street employee gets larceny charge reduced, must repay more than $24K

By Howard B. Owens

A former Center Street Smoke House employee who was caught doctoring transactions must repay more than $24,000 as part of a plea deal that reduced his charges from grand larceny, 3rd, to petit larceny.

Adam J.Hoag, 36, of 162 Ross St., Batavia, told Judge Robert Balbick last week that he could get the $24,459.59 in restitution from a trust account. The money will be held in escrow until his sentencing April 19.

Hoag was arrested in September after a manager discovered some suspicious register activity.

A more thorough audit, according to court records, found that Hoag, a waiter, had been voiding out items on tickets, claiming gift certificates that had not really been redeemed, and claiming coupon discounts that had not been turned in, starting in May 2010.

According to a police report, Hoag said he had forgotten to turn the gift cards in at the end of his shift and then later discarded them.

Rep. Collins named to ag subcommittees

By Howard B. Owens

Press release:

As the House Agriculture Committee held its first meeting of the 113th Congress, the committee’s chairman appointed Congressman Chris Collins (NY-27) to the following subcommittees: General Farm Commodities and Risk Management

Jurisdiction: Program and markets related to cotton, cottonseed, wheat, feed grains, soybeans, oil seeds, rice, dry beans, peas, lentils, the Commodity Credit Corporation, risk management, including crop insurance, commodity exchanges, and specialty crops.

Horticulture, Research, Biotechnology, and Foreign Agriculture

Jurisdiction: Fruits and vegetables, honey and bees, marketing and promotion orders, plan pesticides, quarantine, adulteration of seeds and insect pests, and organic agriculture, research, education and extension, biotechnology, and foreign agriculture assistance, and trade promotion programs, generally.

“I am excited to hit the ground running and get to work on the issues that matter to our farmers,” Collins said. “Agriculture is a primary economic driver in NY-27 and the issues debated and decided on by the House Agriculture Committee and its various subcommittees directly impact not only our local farmers and their families, but our entire region. Our primary goal must be to pass a comprehensive five-year Farm Bill to give our farmers the support and long-term stability they deserve.”

Earlier this month, Collins met with about 40 farmers in Batavia to discuss agriculture issues and hear what they most want to see as part of a new Farm Bill. In the near future, Collins will establish a formal and active Agriculture Advisory Committee.

Le Roy resident implicated in overdose death of woman from Chili

By Howard B. Owens

A Le Roy resident has been arrested in connection with the overdose death last August of a woman from Chili and charged with drug-related crimes.

Heather M. Price, 37, of 18 Genesee St., Le Roy, is being charged with criminal sale of a controlled substance, 3rd, a Class B felony. She was jailed on $50,000 bail.

The arrest comes following a five-month investigation into the death of the woman who was found by the Monroe County Medical Examiner to have died from a combined mixture of narcotics, including fentanyl and methadone.

Price reportedly found the woman dead in her apartment in August and called police.

Investigators say that evidence indicates that Price and the woman exchanged prescription medications.

"This is the third fentanyl-related death handled by the Le Roy Police Department in the past few years," officials from Le Roy PD said in a statement. "Le Roy Police are asking all citizens to be aware of what medications are prescribed to you, to use them only as directed and not to share your medications."

Weather: Cold and snow expected to continue

By Howard B. Owens

Batavia was hit with a dusting of lake effect snow this morning.

The day started with temperatures in single digits and has since climbed to 13 degrees with a wind chill of -2.

Lake effect snow is expected to continue north of the Thruway for another 30 minutes.

More snow is expected tomorrow afternoon with temperatures remaining low through Monday, unless you consider 18 degrees high. Monday's high is expected to be 33 degrees.

Snow is predicted nearly every day over the next week, except Sunday, when it should be mostly sunny.

Car strikes tree at Route 19 and Peachy Road in Bergen

By Billie Owens

A car struck a tree at Route 19 and Peachy Road and a person suffered a head injury. Bergen fire and Mercy medics are responding. The vehicle is well off the road.

UPDATE 9:28 a.m.: The location is north of Black Creek.

UPDATE 9:33 a.m.: The patient is alert and conscious.

Former Elba mayor rebuffed by Village of Elba GOP in attempt to get old job back

By Howard B. Owens

Former Elba Mayor Steve Goff's attempt to regain the seat he voluntarily gave up a few months ago was rebuffed by the Village of Elba GOP last night.

Goff tried for the committee endorsement, but garnered only five votes.

Acting Mayor Scott Schuler won the nomination with 27 votes.

Goff is the proprietor of Elba’s Stumblin’ Inn.

Car hits tree at East Road and Route 20, minor head injury

By Howard B. Owens

A car has hit a tree on East Road at Route 20, Bethany, and a person has reportedly suffered a minor head injury.

Bethany fire and Mercy EMS responding.

UPDATE 9:24 a.m.: The patient will be transported to a hospital via Bethany ambulance.

UPDATE 9:31 a.m.: The patient is being taken to UMMC. Bethany units are back in service with the exception of fire police, who are told to stop traffic until the tow truck removes the car.

UPDATE 9:37 a.m.: The road is reopened.

UPDATE 9:46 p.m.: The driver is a 24-year-old female with complaints of pain in the left side of her neck and a headache.

Law and Order: Woman accused of giving bath salts to child arrested on warrant

By Howard B. Owens

Ashley R. Keene, 25, of 244 Liberty St., Batavia, was arrested on a warrant out of city court for an alleged failure to appear on previous charges. Keene was previously charged with unlawful dealing with a child and harassment, 2nd. The endangering the welfare of a child charge stems from an incident in July when Keene allegedly gave bath salts to a child. Keene was taken into custody upon her release from the Monroe County Jail, where she was held on an unrelated charged. Keene was jailed on $2,500 bail.

Stacy Lynn Patterson, 25, of Main Road, Stafford, is charged with grand larceny, 3rd, and offering a false instrument for filing. Patterson is accused of filing false information with DSS in 2010 and 2011 in order to receive benefits. Patterson was released under supervision of Genesee Justice.

Tammy L. Piesczynski, 36, of 1 Florence Ave., Batavia, is charged with criminal mischief, 3rd. Piesczynski is accused of damaging two doors of a residence on Florence Avenue on Jan. 1.

Le Roy man involved in theft of $51,000 from Pavilion home sentenced to prison

By Howard B. Owens

One of the four men arrested together in connection with a pair of burglaries over the summer in Pavilion appeared in Genesee County Court today and received the stiffest sentence of all.

John H. O'Shea, 20, of Wolcott Street, Le Roy, was given consecutive 3 1/2 to 7 year prison terms. He must also pay his part of more than $53,000 in restitution to his victims.

On Nov. 28, O'Shea plead guilty to burglary, 3rd, and grand larceny, 4th.

He had been charged with two counts of burglary, 2nd, and grand larceny, 4th, in connection with the May 21 Pavilion robbery. He had also been charged with burglary and grand larceny for a break-in in Le Roy.

O'Shea was first arrested in July and faced a charge for falsely reporting an incident for reporting a burglary in which he said jewelry and marijuana were stolen.

His Nov. 28th plea satisfied all pending charges.

The Pavilion homeowners spoke in court today about how the nighttime robbery devastated them.

O'Shea and partners Dylan J. Hawkins, 20, of Morrow Road, Pavilion, and Anthony J. Gonzales, 20, of Myrtle Street, Le Roy, reportedly got away with more than $51,000 in cash and more than $21,000 in securities.

"This crime greatly altered our financial future," one of the victims from Pavilion told Judge Robert C. Noonan. "We would like Mr. O'Shea to know that it took a lot of hard work by my husband over many, many years to earn that money and save that money. Why did Mr. O'Shea think he could just come in and take it?"

The victim pleaded with O'Shea to reveal where the money is hidden.

While O'Shea has reportedly admitted to spending $6,000 of the money on cocaine; he doesn't know what happened to the rest, according to his attorney, Thomas Burns.

Hawkins and Gonzales have both pled guilty to attempted burglary. Hawkins was sentenced to five years in prison and three years probation. Gonzales received six months in jail and five years probation.

Joshua M. Bratcher, 22, of Lake Street, Le Roy, who was initially charged with burglary, 2nd, and grand larceny, 4th, for his part in a May 18 break-in of the Pavilion residence, entered a guilty plea in Pavilion Town Court to petit larceny. He has not yet been sentenced.

Assistant District Attorney Kevin Finnell argued for the maximum sentence under the plea deal. He said O'Shea received a substantial break in getting his plea reduced from a violent felony -- second-degree burglary -- to a nonviolent third-degree burglary.

O'Shea has a prior violent felony conviction in South Carolina for robbery with a deadly weapon.

"I don't know that I've ever seen in a PSI (pre-sentence report by the Probation Department) before what I saw in this PSI," Finnell said. "It says, quite correctly, I think, that he is a menace to society."

Noonan told O'Shea that he has a criminal record that shows he's a violent felon and while he got a break with the plea bargain, Noonan intended to put him away for as long as possible.

Noting that if his victims had awakened in the middle of the night during his Pavilion robbery, the scene could have turned violent, if not deadly (there were guns in the house), and that was a very scary situation for the victims, Noonan said he was just glad the victims didn't wake up.

"I'm going to make sure nobody sees you in their house in the middle of the night for a good long time," Noonan said.

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Owner/Operator Scott Levensailor wants everyone in town to come by and know they'll be treated friendly, fairly and with no tricks.

Here's the link to the Web page with the coupons: https://www.mygreaselightning.com/article.cfm Page=Articles&ArticleNumber=15

Letter from Genesee ARC regarding trash collection contract

By Howard B. Owens

Open Letter:

There has been much misinformation and confusion regarding Genesee ARC and the city’s Trash and Recycling Request for Bids. I am writing to clarify the process from the ARC perspective. The city administration also has information, a perspective, and opinion on this issue. I am speaking on behalf of Genesee ARC to answer some of the many questions that have been posed to me and on the various sites in social media, The Batavian, and The Daily News.

I’d like to preface this letter with the fact that we are a nonprofit organization and we are mission driven, as we should be. Our decisions in every aspect of the work we do are predicated upon doing what is best for the individuals we serve. We have a highly dedicated staff who understand that this is our purpose: “to support people with disabilities, in partnership with their families and the community.  ... and nurture their social, spiritual, physical and emotional growth.”

Genesee ARC began discussions regarding contract renewal with the city administration last summer. The city administration presented a number of new options that they wanted to transition to, including the cart system. This program was something we were asked not to share and we didn’t share, at their request. We voiced our concerns about this change because it would eliminate a number of jobs for the people we support. If we are not providing jobs for people with disabilities we are not following our mission. We also discussed single-stream recycling which would be difficult for us to implement but felt we would need to do if we were to proceed with the contract. We were asked for much information including the financial reports of the program. We complied with the city administration’s request as they said they were entitled to such as they held the contract.

We also discussed that this contract fell under the NYS Finance Law Article XI, Section 161 & 162 4(b)(i), which governs Preferred Source Vendors and Municipalities in NYS. A municipality must work with a Preferred Source Vendor if there is a vendor who can provide the service or commodity. The vendor must provide the service in the “form, function, and utility" as prescribed by the municipality. This is an important point that plays a significant role in the current discussion.

Genesee ARC did share some of our financial information regarding this service with the city administration so that we could develop a program that would fit the city’s needs and requests. After that submission we did not meet again even though we requested additional meetings with the director of Public Works.

On November 6, 2012, NYSID, the organization that facilitates the Preferred Source contracts and Genesee ARC received a request for bid from the City of Batavia. At that time we had 10 days to respond with a letter of intent as required in Section 162 referenced earlier. NYSID did respond on our behalf as required within the required timeframe. A meeting was requested by Genesee ARC and NYSID with city administration which they accommodated on November 14th at which time the city advised that they considered our letter to be insufficient. Subsequently, a second letter was submitted which clearly stated that we would fulfill the contract following the “form, function, and utility.” The city manager asked at the end of our meeting if we (Genesee ARC) could fulfill the contract in “form, function, and utility” and my final answer was “Yes." Subsequently, the city administration claimed we were non-responsive, in spite of the letter from NYSID and my in-person verbal response to the contrary.

On November 29th we received a response from the city administration that they did not recognize our request as a Preferred Source Vendor and had determined that we would not be able to meet the “form, function, and utility” of the request based on previous conversations with Genesee ARC. On that same day, the Request for Bid was submitted to all public bidders and posted on the city’s Web site. Of course we were eligible to submit a bid as well.

We considered filing an Article 78 motion to force recognition of our status but determined that it would not likely be of benefit.

At that time we were determined to participate and compete in the bid process to the best of our ability and try to maintain as many jobs for the people we support as possible.

The public should understand that the tote/cart system was a part of the city's request and unless ARC complied with the critical components of the proposal we could not participate at all. The city does have the right to propose such a program, if the residents disagree with this recommendation they should appeal to their council representatives. The bidders all had access to the provisions of the RFB and needed to submit a proposal that met the requirements or be disqualified.

Genesee ARC followed all the requirements. We consulted with regional experts in the field and submitted what we felt was a competitive bid and one that keep a majority of the people who currently work on the contract employed.

The city requested automated and semi-automated service. The purchase of all new equipment was not within our budget. We could however retrofit two of our trucks and retain the recycling pick up. We were able to work with a company from Chili which would be able to fulfill the trash collection and disposal portion of the contract. Again, this helped us retain jobs for most of the people with disabilities, who were employed on this contract.

We went head-to-head in the competitive marketplace as many have felt should have happened for many years, in spite of our Preferred Source Vendor status as written in NYS law. Although I believe we gave it our best effort, we were competing against national companies who bring all of their considerable resources to the table with them. I liken this to a Big Box store competing against a homegrown Mom-and-Pop grocery mart. The financial position of the bigger companies is hard to overcome.

We provided value-added components that we thought were worthy of consideration, as well as the knowledge that dollars spent with ARC are reinvested locally.

The final decision will be up to the council members. We will accept their decision but hope that they review all proposals fully before rendering that final decision.

There have been a number of questions regarding the financial statements and charts that were in the city manager’s presentation of January 14, 2013. I would ask that the charts from pages 7 and 9 be looked at carefully. The presentation indicates that current city costs are approximately $1,016,034. That may be true, but ARC has been paid only $811,000 for the fifth year of the contract, it was lower each of the previous four years. In fact, this final year of the contract is lower than the contract of 2007, which was $870,707. This shows that the payment to Genesee ARC has decreased over the past five years. The difference between what ARC is paid and the annual cost of the contract could be attributed to the rate that the city negotiated with its vendor for disposal. We do not receive any reimbursement for that portion of the contract. As for the five-year prediction, the city manager will need to provide an explanation for such a dramatic increase as over the past five years ARC has only experienced an average increase in revenue of 2 percent.

Also in clarification to concerns about prevailing wages: Genesee ARC has always paid prevailing wages for any municipal, government or any other contract that has required it, including the contract with the City of Batavia. ARC employees also receive a full benefit package to include health insurance if they so choose.

Regarding wages for other people who work within our vocational program, they receive compensation at various levels that fall within our Special Wage Certificate as granted by the Federal Department of Labor. These wages are carefully monitored not only by DOL but also OPWDD (Office of People with Developmental Disabilities) and NYS DOL.

People who experience disabilities have the highest level of unemployment in the U.S. at approximately 14.4 percent based on the U.S. National Bureau of Statistics. That rises to almost 70 percent for someone with a developmental disability. One of our major initiatives is to access employment in the community for the people we support. This is not an easy task. There are several local companies who have been very supportive of these efforts yet we continue to have many people who remained unemployed or underemployed. Our ultimate goal would be to be able to close our work center because the people we support are employed in the community.

We would be happy to work with any company, agency, or local government entity that would be interested in learning more about providing employment opportunities for the people we serve at Genesee ARC.

In closing, this is a very complex topic. The depth of this issue and implications for all parties involved cannot be summarized in a two-minute interview with a news outlet or conveyed in the back-and-forth of an online news site. The financial implications for the city are significant, as are the impacts to the residents of the city. For those who seek more in-depth information regarding the proposals you can ask to see them at city hall. You can also review the new ordinance that will govern this process. Also you should attend every council meeting and utilize the opportunity they provide to you to express your thoughts and opinions.

Genesee ARC will continue to provide services to the people with developmental disabilities in Genesee County. The loss of this contract will have implications for everyone who works on the contract and our community as well. In the end, whatever the outcome, we will continue to provide whatever supports we can to everyone we serve. It is our mission and this drives our actions and our future endeavors.

Respectfully and proudly submitted,

Donna Saskowski
Executive Director
Genesee ARC

Reader submitted editorial: Welcome to the State of The City of New York

By Kyle Slocum

A fact has become clear to me: The State of New York no longer exists. What we have today is a polity that is, in effect, the City of New York and its possessions.

The passage of the “SAFE” Act is a clear message to the residents of the possessions of the City of New York that our interests and lifestyle are no longer relevant to the politicians of the State of New York. The passage of this bill is the legislative equivalent of rape. It was passed suddenly and without our consent. Our interests and concerns, as well as our rights, were secondary to the whims and desires of the City of New York.

I am sure that there are state-level politicians who are absolutely befuddled by the fact that they are required to vote on farm issues since they have never seen a farm in the Bronx. I would not be surprised if the legislature of the State of the City of New York voted for a car tax that required New Yorkers to pay 100% of the value of their automobile each year since, in reality, a car is a luxury. You can always take the subway or a bus to wherever your going, after all. The cultural gap between the City and the State of New York is as vast as the gap between Washington, D.C., and America.

In a perfect world, the residents of the State of New York would have the right, and ability, to divorce themselves from the political overreaching of the City of New York. In the real world, we are stuck with its mandates and its world-view. I have had a recurring dream: I stand at the Rockland County line with a huge saw. I cut, and I cut. Eventually, NYC and Long Island are cut free and I push them out to sea. I wish them good luck in their journeys, but I do not miss them.

Back in the land of the awake, we have to deal with the costs of this NYC control to the people of the possessions of the City of New York. Unfunded mandates, regulations and laws, passed to solve NYC and NYC suburban county problems, but having statewide effect and statewide costs, have built upon and compounded on themselves. These costs are bringing our local governments to the brink of bankruptcy. The State Senate is controlled now by the politicians of the City of New York, regardless of the fig leaf of a few Democrats caucusing with the Republicans to form a “Republican” majority. The situation will continue to worsen and the costs to rise.

I can dream of the counties of Western New York declaring their separation and forming their own polity to free themselves from the tyranny of the City of New York, but this will not happen. It would create a new entity that would potentially result in a new state that would bring with it two new U.S. Senators who would inevitably be Republican. The City of New York would never stomach that, let alone the party of which it is a wholly owned subsidiary.

Alternatively, perhaps the border counties, and their neighbors, could petition Pennsylvania for admission to the Commonwealth. That will not be allowed for very much the same reason. It would tip the balance of power in Pennsylvania in favor of the Republicans. That would never be allowed.

What I suspect will continue to happen, though, is that former citizens of what was, once, the Empire State will continue to make their homes in Free States in the South and West of the United States of America in increasing numbers as the oppression of the City of New York continues. With lower taxes, and better employment prospects than are available in the possessions of the City of New York, it is a no-brainer to flee. Good luck paying your ever-increasing bills with an ever-increasing out-migration of taxpayers, State of the City of New York.

Driver allegedly driving too fast for conditions, causing minor injury accident

By Howard B. Owens

A driver may have been going to fast for conditions at 8 p.m., Tuesday, when she apparently lost control of her car on Ledge Road in Alabama, causing a minor injury accident.

Cited for allegedly driving at a speed not reasonable or prudent was 20-year-old Jessica Metzler, of Portland.

Metzler was southbound on Reuben Road when she lost control of a 2010 Chevy sedan owned by Lauren Reinhardt, of Farmington. She drove off the left shoulder of Ledge Road, came back onto the roadway, drove off the south shoulder again, went back onto the roadway and into the westbound lane of Ledge Road and exited the north shoulder, hitting a sign post and then a large rock.

Reinhardt, 22, suffered a minor injury but did not require transportation to a hospital.

The accident was investigated by Deputy Tim Wescott.


Police accident report sketch.

Submitted Photo: Great Kutz gives out 1,000th free haircut

By Howard B. Owens

Nathan Puls is 3 years old, and local haircutting salon Great Kutz is celebrating its third year in business. As a matter of coincidence, Nathan helped Great Kutz achieve another milestone this week by becoming the 1,000th customer to receive a free haircut. At Great Kutz, every seventh haircut is free. Nathan is pictured with his father, John. Maren Slane cut Nathan's hair.

Photo and information submitted by Great Kutz.

Law and Order: Syracuse woman accused of shoplifting in Batavia

By Howard B. Owens

Carrie G. Blunt, 20, of 339 Hudson St., Syracuse, is charged with petit larceny. Blunt is accused of shoplifting $40 in merchandise from a business in the Tops Plaza.

Andrew A. Crimes, 40, of 627 E. Main St., Batavia, is charged with criminal contempt and aggravated harassment, 2nd. Crimes is accused of contacting a person several times whom he had been ordered not to contact over a six-hour period. Crimes was jailed pending his next court appearance.

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