Business

House Republicans are staunchly opposed to one element of an immigration reform bill -- a path to citizenship -- that some supporters think is critical to its passage, Rep. Chris Collins said today during an event at Post Farms in Elba.

"As a country that was founded on the rule of law, the first action that these adults took in coming into this country was to break the law, so a pathway to citizenship will not come out the House Republicans," Collins said.

The immigration reform bill is the result of hundreds of hours of negotiations between farmers and the farm labor community, which wants to see people who have been working the the United States for years, although illegally, have a chance to become citizens.

While Collins doesn't support allowing such individuals to become citizens, he said he doesn't see a problem with allowing them to obtain permanent work status.

"Call it a blue card," Collins said. "We're fine with making it so that workers who are now here illegally are stay here legally. Make it so that they can go home and visit their families and come back and we know who they are and where they are and that they pay taxes."

Dean Norton (left in photo), said that if the House Republicans can't be brought into the fold, we could wind up with two versions of immigration bills that will go to conference committee. Losing the path to citizenship will be a disappointment to some members of the coalition who worked on the bill, but he thinks when it comes down to it, both sides need some sort of reform to pass.

"I've got to believe in my heart that once we get people sitting down at the table, they won't do anything to scuttle reform," Norton said. "It's too important to the country and to our food supply."

Collins did say he supports citizenship for the children of workers here illegally.

"This is the country they know and love," Collins said.

Dancing Derrick was on East Main Street today, in front of T-Shirts Etc.

Press release:

The Genesee County Economic Development Center (GCEDC) approved four projects at its June board meeting. They total approximately $2 million in investments as well as the retention of 91 jobs and the creation of 22 new jobs.

“All of the projects being considered by the board are investments in infrastructure which means the companies seeking benefits intend to be here for the long term,” said Steve Hyde, GCEDC president and CEO. “Companies typically do not invest in facilities and infrastructure without long-term plans so it is great to see this commitment to our region.”

Mega Properties, Inc., (Koolatron) is a Canadian company that manufactures, markets and distributes various portable thermoelectric cooler parts and components. The company is proposing to invest $775,000 in its operations that would retain 11 jobs and create six new jobs. Because the company is seeking more than $100,000 in incentives – in this case $190,000 – a public hearing must be scheduled.

Imagination Industries is seeking to build a 7,015-square-foot facility at 8240 Buffalo Road in the Town of Bergen. The multiuse facility will house an indoor firing range, training center, gunsmith services and a laser engraving business. The company plans to invest nearly $400,000 that would create 10 new jobs.  The project is allowable under state retail restrictions as the purpose is to make available services which would not be, but for the project, “reasonably accessible” to residents of the municipality where the project is located.  

The company is seeking a sales tax exemption of $19,970, a mortgage tax exemption of $3,750 and a property tax abatement of $63,195. The Board found that the project meets the goods and services retail clause in order to approve the application.

Reinhart Enterprises operates a 25,720-square-foot multi-commercial tenant facility on Liberty Street in Batavia. Due to flooding this past year, 4500 square feet of space was vacated. The company is looking to improve its facility and is planning a $206,000 capital investment for drainage and parking lot improvements to enhance the property for current and prospective office and corporate tenants. The company is seeking a sales tax exemption of $9,888. The investment would create three new jobs and retain 80.

Jackson Square LLC, the former Cars Warehouse which was built around 1880 in the area of the city known as Jackson Square, is proposing to convert the former structure into a mixed-use commercial and residential site. The ground floor will have flex office/light industrial and four new market rate apartments on the second and third floors. 

The City of Batavia is the current owner of building and will transfer the title to the Batavia Development Corporation for sale to Jackson Square LLC. The company is seeking a sales tax exemption of $24,816 and a mortgage tax exemption of $2,994 contingent upon Jackson Square LLC purchasing the building.

When we e-mailed a series of questions to Steve Hyde seeking more details on the process by which tax subsidies were approved for COR Development to redevelop a portion of Batavia Towne Center, we also e-mailed five questions to Mary Pat Hancock, chairwoman of the Genesee County Legislature.

Under state law, in order for state sales tax abatements to be awarded to a retail development project, a finding must be made that meets a specified requirement. The finding must be made by the Genesee County Economic Development Center Board and confirmed by the chief executive -- in this case, Hancock -- of the government agency overseeing the IDA. 

For the COR project, the GCEDC board passed a resolution finding that the proposed retail project would provide goods and services not readily available to Genesee County residents.  The only confirmed tenant for the space at the time was -- and still is -- Dick's Sporting Goods.

Hancock said she was not available to respond within the deadline set by The Batavian. We received her answer today. Below are the questions we e-mailed and her e-mailed response.

Questons:

1. Did you conduct any independent research to substantiate the board's decision?

2. At the time you wrote the letter, what did you know about the proposed tenants for the retail space? Were the names of all the businesses communicated to you, and if so, was it your understanding that contracts had been signed or whether these businesses were just proposals?

3. On what factual basis did you base your decision to confirm the finding? What is it about the proposed businesses that caused you to reach the conclusion that they would provide goods and services not readily available in Genesee County?

4. What do you say to a comment such as Mike Barrett's, that tax incentives for retail are like "using your own tax money to put yourself out of business"?

5. Should the existing businesses in Genesee County that must now compete against subsidized national chains receive any tax breaks or other mitigation to level the playing field for them?

Hancock's Response:

Dear Howard;

I do appreciate your forthright and direct manner. It is refreshing. Howard, I am going to frame my reply by indicating how I proceeded to educate myself regarding the proposed project. I hope it covers the intent of your request.

The Legislature does appoint the GCEDC Board. We believe they are a group of outstanding citizens with very strong business sense…as demonstrated by their own careers. They are also committed to the economic health of our community, or they wouldn’t be spending hours of their valuable time volunteering on the GCEDC Board.  Because they have a strong business sense, they also have a very strong respect for the law and carefully follow the latest and most accurate legislature and regulations guiding IDAs. I attended the meeting where they discussed the issue thoroughly. At a subsequent meeting they voted in favor of proceeding with the project.

The Legislature has an attorney. It would be foolhardy for me to sign an official letter without checking the legality of the document with our attorney. He is a careful attorney and checks out his information on many levels. He researched the law and provided me with a copy of the statute as recently amended. He also gave me his written opinion as to the requirements of the law and its application to this project. I was assured that we were acting within our legal rights.

The Genesee Economic Development Council (sic) was required to hold a public hearing and make specific findings of fact before awarding incentives, and did so on this matter.   I did attend the hearing and heard a positive presentation and only six persons spoke against the development.

Howard, I remember how that area looked before the development. It was sad. The lack of development in that area did not result in a healthy Batavia downtown. It looks, and is, more vibrant now, not only in that Town of Batavia area, but downtown as well. We hope to keep it that way…and better. I am most hopeful and confident that each step we take to attract new and suitable businesses to our area…will benefit all of us. Howard, I know you and I share the same desire for a successful, livable, and economically healthy community. We may not agree on everything, but our goals are surely the same.

The Bank of Castile celebrated 20 years in Batavia this afternoon with a community gathering at its East Main Street branch and by presenting a gift backpack with a $500 donation in it to the backpack program of United Way.

Above, Erik Fix with United Way of Genesee County accepts the basket from Diane Torcello, branch manager, and Jim Fulmer, president and CEO of the Bank of Castile.

Castile branches traditionally celebrate their anniversaries with gifts to the community, bank officials said.

Branch employees picked the backpack program for the 20th anniversary gift.

"At the Bank of Castile, we have always been a strong believer in the good that United Way does in our community," Torcello said. "We are proud to support the program with a contribution."

Throughout the 90-minute opening ceremony for the new Muller Quaker Dairy Plant in the Genesee Valley Agri-Business Park, Steve Hyde sat in the second row and smiled.

Not one speaker -- and there were five of them -- mentioned Hyde by name. There was no official recognition of his work to bring this day about.

Still, he smiled.

You couldn't help but think of a proud father watching his son or daughter graduate.

Asked how he felt afterward, Hyde, as he usually does when posed such questions, demurred and praised others.

"It’s a great day for everybody in the community," Hyde said. "This was a dream of mine and a lot of other partners. It’s 10 years in the making and this is just phase one."

Hyde has his critics. Genesee County Economic Development Center, the organization he runs, has its skeptics. But the Muller Quaker plant is a big deal, especially for a county of only 57,000 people that hasn't had a big factory opening in more than five decades.

PepsiCo and Theo Muller Group invested $200 million in the facility and that dollar figure doesn't count product development, designs for new trade-secret machinery to create the Greek-style yogurt, new software to run the plant and the planning that goes into bringing a new product to market.

Ken Adams, president of Empire State Development, indicated he was a little bit awed by the idea of a global powerhouse like Pepsi and a German-based company like Theo Muller coming to Upstate New York.

"Having PepsiCo here, having Muller here, is like a global seal of approval for this park and its infrastructure," Adams said.

And he gives a lot of the credit for making it happen to Hyde.

"Steve Hyde as far as I’m concerned, he really put the agri-business park, this particular location, on the map at a statewide level," Adams said. "Steve is always in Albany working very closely with the legislators from the area, senate and assembly, working very close with the governor’s office.

"I’ve told this to him, so I'll say it to you," Adams added, "Steve Hyde is a forceful, well respected advocate for investment and economic development here in Batavia. He really put the site on the map and then he also pulls everybody together at the local and state level to make sure a project like this actually goes smoothly. That’s important for the company, for the investors, that there are no hiccups along the way."

A critical factor with Muller Quaker -- called Project Wave during the planning process -- was the speed at which all of the necessary permits could be secured. A lot of credit goes to Town of Batavia and Genesee County officials, but the GCEDC staff laid the ground work to have a shovel-ready site and push the paperwork through the process.

In his speech today, Theo Muller praised the local authorities who got approval for the plant so quickly.

"It would be unimaginable in Germany," he said with a wink. "In Germany that would have taken at the very least three years. You have to send a whole case of yogurt to them over there to get anything done."

Sen. Charles Schummer called the ag park a great idea of local leaders and said when GCEDC came to him for help, he was happy to jump in and secure federal grants for infrastructure.

"There is no better way to strengthen our dairy industry and create jobs than to build a park like this, which has helped attract this great company," Schumer said.

Assemblyman Steve Hawley, who helped with the state legislative process on the project, noted that in any big project like this, stretching, as it does, across the boundaries of local, state and federal responsibilities, there are a lot of people who deserve credit for bringing it together, but Hyde certainly provided critical leadership.

"This is a big deal," Hawley said. "It's one of the largest plants in the country. We need jobs. I hear about it every day from constituents."

It takes a lot of work, Hawley said, to untangle the regulations that can hold up a business and a lot of people had a hand in bringing it together.

"A lot of the credit goes to Steve, but it's a team effort," Hawley said.

Danny Wegman, CEO of Wegmans and president of the Finger Lakes Economic Development Council, is also a Steve Hyde fan. He believes Hyde will pull off the gargantuan task of developing WNY STAMP, the proposed 1,200-acre, high-tech manufacturing park in Alabama that could employ 9,300 people some day.

It's an audacious project, but Wegman said when there are people passionate about projects, they can make things happen.

"Steve is very excited about this," Wegman said last week during the governor's visit to Genesee Community College. "There are a lot of confidential things that can't be shared, but I feel confident that if somebody I believe in is excited about it, the chances of it happening are pretty good."

The success of the ag park only enhances the chance's of success with STAMP, Adams said.

"We’re very hopeful," Adams said. "It’s a globally competitive industry. The opportunity is at STAMP. It’s a great site. It’s much bigger than this site, the agri-business park, but Steve has done a good job at lining up all of the vital ingredients for that site -- power, water, obviously the land, permitting, all the things you need to really be shovel-ready when the right business comes along. He’s the chief marketer. He’s going to Albany tomorrow. He’s on it and he works very closely my colleagues at ESD on marketing STAMP, so we have our fingers crossed."

Hyde said it's all about building on the natural assets of Batavia and Genesee County and showing that can be done with the ag park will translate into confidence for other projects, such as STAMP.

"It helps build credibility in the eyes of some of the folks in the leadership roles in the state that we know how to do this here at the local level," Hyde said. "This (agriculture) is an industry where the regional assets were in great demand and we could make an impact, and when you look at the regional assets in the nano stuff in our region we’ve got the same situation developing."

According to Indra Nooyi, CEO of PepsiCo, Batavians owe a big thank you to Danny Wegman.

No, not for promising one of his unriviled grocery stores to Genesee County, but for steering her attention toward yogurt and the need to produce it in Western New York.

"When I visited Danny in his flagship store in Rochester, Danny said to me, ‘Indra, you should get into the yogurt business because it’s growing extremely rapidly and if you do, the plant has to be located right around here in Upstate New York,' " Nooryi said. "I listened to Danny  because Danny is one of the most respected thinkers in the industry, and, Danny, we delivered on the promise.”

Wegman stood at the back of a tent crowded with local and state dignitaries and smiled broadly.

Last week, Wegman told The Batavian that it might take build out of the STAMP project in Alabama to bring a Wegmans to Batavia. Today, Wegman (top inset photo) had a slightly different take.

Coming out from a tour of the new Muller Quaker Dairy plant, he said, "more projects like this and we'll be here."

The dairy plant -- which will manufacture two brands of Greek-style yogurt, Muller FrutUp and Muller Corner -- officially opened today.

To start, it operates three production lines, employs 180 people in a 350,000-square-foot facility that could one day accommodate as many as 16 production lines.

Already, the plant produces 120,000 cups of yogurt per hour.

Sen. Charles Schumer announced during opening ceremonies that Muller Quaker has reached an agreement with the Upstate Milk Cooperative to source all of its milk from WNY dairy farmers.

The OA-TK-A plant in Batavia will produce the milk protein that Muller Quaker uses in its yogurt production (rather than strain milk as done in traditional Greek yogurt production, Muller Quaker adds protein to give its yogurt a similar rich, silky texture).

"This is an amazing shot in the arm for our economy here in Western New York and I am pledged to continue to do whatever I can do to make this the most successful venture in Western New York," Schumer said.

The project brings together two companies -- the worldwide giant in the food and beverage industry, PepsiCo, and a much smaller, but well respected, dairy company from Germany, the Theo Muller Group.

Stephan Muller, who moved to the United States to assume the reins of the new company, spoke about the entrepreneurial spirit, the risk taking of the $200 million investment by the two companies.

Muller represents the fifth generation of Mullers in the dairy business.

His father, Theo Muller, said through a translator, that the company made previous attempts to break into the U.S. market.

Stephen Muller described his father as a bit of a technophobe who never used a computer and then he got an iPhone just after Stephen Muller arrived in the U.S.

"He sent me a text message," Muller said. "I think it was his first one or one of his first ones. He said, ’520 years ago Christopher Columbus started his journey west with just three ships. Now you are our Columbus. Capital, excellent knowledge now are your ships, and one thing one cannot buy, the iron will to have success."

Nooyi (second inset photo) believes the product will be successful

PepsiCo already has a track record of success of developing a balanced portfolio of food and beverage products that she described as "fun for you, good for you and better for you."

"PepsiCo is becoming a real force in the good-for-you space," Nooyi said. "We have the best go-to-market systems and superior marketing, combined with Muller’s leadership in phenomenal dairy products, I think we’re going to become a real force in the dairy business in North America."

The success in just getting the plant open bodes well for Batavia, Schumer said. With 90 acres of available space at the Genesee Valley Agri-Business Park, there will likely be more jobs coming to town.

"We could employ as many as 1,200 more people when the food processors learn of the transportation advantages, the food production advatnages and just the work force advantages that we have here in this area," Schumer said.  "Food processors from around the world are learning what we have to offer."

Ken Adams, president of Empire State Development, said the success of today's opening is something that will attract more investment in the park, especially in supply chain support for Muller.

"It’s a very powerful confirmation of this facility, the agri-business park as a center for international investment," Adams said. "One thing I’m struck with at this ceremony is you’ve got a global leader like PepsiCo partnering wth Muller and obviously Quaker, the PepsiCo brand, coming together right here in Batavia. The project confirms Batavia, Genesee County’s position, certainly in the Northeast if not North America, as a center of the yogurt universe."

To purchase prints of these photos, click here.

The state law meant to curtail tax breaks by IDAs for retail developments should be defined as narrowly as possible, according to Comptroller Thomas DiNapoli.

If IDAs broadly interpret the law and push through subsidies for projects that should be outside its scope, then reforms may be necessary, DiNapoli said.

"They should certainly interpret it as narrowly as possible," DiNapoli said. "Having not been a Legislator at the time, I can't overly interpret on their behalf the intent. But what I think we'll do with IDAs that are too broadly interpreting that exception is, we'll make recommendations and work with legislators to tighten up that definition, if that seems necessary to curtail the use of IDA incentives for retail."

DiNapoli was in Batavia this afternoon for a meet-and-greet fundraiser hosted by the Genesee County Democrats at Larry's Steakhouse.

Throughout a six-minute conversation with The Batavian, DiNapoli made it clear he doesn't believe IDAs should be, as a general rule, handing out tax incentives to retail projects.

Asked whether retail chains really wouldn't come to a community unless they get tax breaks, DiNapoli said "that probably varies from community to community," but went on to explain the problem, as he sees it, with such IDA incentives.

"The kind of retail projects we've seen in recent years are the kind of projects that in the long term do not promote the kind of job creation and economic development that would really make a lasting difference in a community," DiNapoli said.

"I continue to have very healthy skepticism of the value of such incentives. As we always point out, there is a cost to the communities that isn't fully realized, so it underscores that the kinds of economic development (undertaken) should be of greater significance, more long lasting, have a transformational impact, and retail doesn't really provide that."

In early May, the Genesee County Economic Development Center Board approved $1.8 million in tax incentives for COR Development to remodel the vacant space at Batavia Towne Center formerly occupied by Lowe's Home Improvement.

The package includes a reduction in property taxes and forgiveness of state and local sales taxes on building material and store fixtures.

The state law prohibits IDAs from giving away state sales tax money unless certain findings are made (there is no law that prohibits other tax breaks for retail projects). The potential findings are that the project is in a highly distressed area, is a tourist destination or will provide goods and services not readily available to area residents.

It was on the last exception that the GCEDC board based its decision on. There was no evidence presented at any public meeting to substantiate the finding.

The only known tenant at the time of the vote was Dick's Sporting Goods.

Genesee County has five small retail outlets that sell sporting goods, four of which are locally owned.

Among the arguments put forward by GCEDC CEO Steve Hyde in support of tax breaks for COR is that he needs that Lowe's space filled in order to attract major corporations to projects such as WNY Stamp and the Genesee Valley Agri-Business Park.

"I'm not sure I buy that argument," DiNapoli said. "I'm not in a position to judge that, but that argument is a stretch."

DiNapoli acknowledged that interpretation of the law is largely left up to the local IDAs.

"Even the report we put out every year (on IDAs in NYS), even that is limited by the fact that it's self-reported information," DiNapoli said. "As people have pointed out, IDAs, as well as other authorities in New York, tend to operate with a level of autonomy that I think doesn't provide a maximum opportunity for accountability.

"As you point out," he added, "there are certain exceptions and there certainly there isn't any easy way to clamp down on an IDA that might be too generous in interpreting that exception."

Two Buffalo Bills players were at City Slickers on Saturday night to mark the restaurant's first anniversary.

Pictured are Shaun Vaccaro, of Fullblast Productions, Patrick Kelly, of Fullblast, Bills defensive back Crezdon Butler, Bills defensive back T.J. Heath and Fullblast owner Tim Walton.

The Artisan Market at Harvester opened today with more than a dozen artisans participating.

The goal is to create a space that attracts artists and customers for their creations from throughout the region.

"When people come in they're going to know this is not commercial, it's not buy-sell, it's not a craft show, it's not a flee market. It's an artisan market," said Lucie Griffis, the market's manager. "We want bring a little of the artistic life from other areas to right here."

The market is open Saturdays from 10 a.m. to 4 p.m. and will host two-day events on first Fridays and Saturdays later this year. 

There is an area with tables and chairs for people to sit and enjoy entertainment acts, from jugglers to musicians. Local charities are welcome to use the space for their food-sales fundraisers (chicken BBQs, pulled pork, hot dogs and hamburgers, etc.) for free.

Top photo: Sharon Jahnke Long works on a portrait of Julliette Yates.

Author and weaver Bridgette ni Brian.

Dave Watson with his guitars.

Press release:

For the next two weeks, the lower suite of the building at 8745 Lake Street Road, Le Roy, which houses United Memorial’s Urgent Care and Diagnostic Services, will be undergoing extensive and disruptive repairs to its plumbing systems. After several discussions with the building’s owner, United Memorial feels that it is in the best interest and safety of our patients to temporarily close during this period.

During this time, patients are encouraged to utilize Urgent Care and Diagnostic Lab and Imaging Services at the Jerome Center at 16 Bank St., Batavia. Staffing at the Jerome Center will be enhanced to accommodate the expected increase in patient volumes.

United Memorial’s integrated computer system will allow any patient with standing orders for diagnostic laboratory or medical imaging, usually seen in Le Roy, to be seen at the Jerome Center without having to have orders resent from physician offices.

The Jerome Center is located in the center of Downtown Batavia. From Le Roy, take Route 5 (Main Street) to Batavia. Turn right onto Bank Street. The Jerome Center will be located on the right. Hours for Urgent Care are 11 a.m. to 8:30 p.m., Monday through Friday and 9 a.m. to 8:30 p.m. on weekends. Laboratory and Medical Imaging services are available 6 a.m. to 5 p.m. Monday through Friday and 6 a.m. to noon on Saturdays.

We apologize for any inconvenience and expect to reopen the Le Roy site on Monday, June 17.

A new urgent care clinic opening Wednesday in City Centre will not only be state-the-art but be a true revolution in how health care is provided, according to its top executives, Mark Celmer and Melissa Marsocci.

"This is a health care delivery model that doesn't exist, to my knowledge, anywhere in the country," said Celmer, who is president of Buffalo-based Insource Healthcare Solutions. "We coordinate health care back to pediatricians, specialists, primary care physicians. We have advanced telemedicine which is state-of-the-art. We can get patients seen faster and with more related services than anybody short of the Cleveland Clinic."

For years, Insource has developed urgent care facilities for the owner of multiple urgent care centers, but Marsocci said Insource had its own vision about how to provide health care and decided to start opening its own urgent care units.

Batavia is the first of four locations being opened in New York and Pennsylvania over the next two months.

The clinic is between Genesee Dental and Steve Hawley's insurance office. It's a location used for a long time by DENT Neurological Institute, which will continue to rent office space there.

Insource is not coming to town to compete with any existing physicians or the hospital, said Marsocci, who grew up in Le Roy and lives in Batavia.

"We're not going to steal anybody's patients," she said.

Following a patient's visit to Insource, the patient will be referred back to his or her primary care physician or the appropriate specialist with all of the patient's records shared with that doctor.

For patients, the wait time to see a medical care professional will be less than 15 minutes and most patients will be in and out of the clinic within an hour.

Typically, when a patient visits an urgent care clinic, once they're taken into an exam room, they "own that exam room," Marsocci said. At Insource, the patient will be given an exam and then wait in a "results waiting room," which has comfortable chairs and a TV. That frees up the exam room for other patients.

Celmer and Marsocci are particularly excited about the telemedicine model they've developed.

Here's how Marsocci described it:

Let's say you came in and you had a fractured hand. We can certainly treat that, but upon a view of your X-ray, it looks pretty severe. We say, "this looks serious, so let's get a second opinion from an orthopedic." Maybe you need some screws in it. Maybe it needs immediate attention, maybe not. You come into the telemedicine room and the orthopedic comes in on that flat screen.

He can talk to you and you can talk to him. He might ask the provider to move your hand around and at the same time we can push that X-ray through to him.

We just lowered your cost of care because typically you would have gone to that orthopedic and he would have redone your X-ray, also exposing you to radiation. Now it's just one X-ray.

A consulting physician can dial into the telemedicine center through a secure line using a desktop, laptop or even an iPad or smartphone.

Even if a doctor is away from his office -- maybe on the golf course -- he can use an app to consult with a patient in the telemedicine room.

The quality of the pictures sent to the doctor is amazingly accurate and detailed, Marsocci said.

Insource has hired six full-time employees and all of them live in Genesee County.

With a range of specialists sharing the Insource space -- including neurologists, orthopedics, pediatricians, cardiologist and urologists -- Calmer and Marsocci say the concept will do a lot to reduce the cost of medical care.

One insurance company is so excited by the idea, Marsocci said, thet they want to see more Insource clinics built in Pennsylvania.

For patients who must pay for services with cash or credit card, they will find a visit to Insource a lot less expensive than going to the emegency room. An ER visit can run into the thousands of dollars, but a typical visit to Insource will cost about $180.

Using technology, there will even be cases where patients can save on super expensive ambulance rides to a hospital in Rochester and Buffalo, if that's needed. If the patient doesn't need to be on an ambulance, but still needs to be monitored while by driven to the hospital by a family or friend, Insource can provide the patient with an iPad to monitor his or her condition during the ride.

Insource also plans to set up a telemedicine center at the county nursing home, which will save the county money on providing medical care to patients there.

"These are common sense approaches to reforming health care instead of doing things that don't make sense," Marsocci said.

It's one of the most frequently asked questions from readers of The Batavian: Why is there no Wegmans in Batavia?

Danny Wegman, the company's CEO was at Genesee Community College today and he answered that question for us:

"If we get the STAMP project in, we would probably be very happy to move here," Wegman said.

STAMP is the propposed high-tech manufacturing facility Genesee County Economic Development Center is trying to bring to the Town of Alabama. It could eventually mean as many as 10,000 new jobs.

Though Wegman was too diplomatic to say it, clearly, his view is the current economy in Genesee County couldn't sustain a grocery operation the size and scope of Wegmans.

STAMP is a project of personal interest to Wegman because he's chairman of the Finger Lakes Regional Economic Development Council, one of 14 regional councils statewide assisting local IDAs in economic development.

Wegman is admittedly excited by the possibility of STAMP and believes it is something that could actually come together as an economic growth engine for the entire region.

"The high-tech arena is always exciting," Wegman said. "You always hear about it in California. Wouldn't it be nice if it was right here in our own backyard?"

We also asked Wegman about the GCEDC's $1.8 million in tax subsidies for COR Development and Wegman said he was unfamiliar with the project.

As a general rule, however, he said he opposes tax breaks for retail projects.

"I have to say I'm not real keen on that, since we’re a local business and we wouldn’t want somebody coming in and getting a real tax break..." Wegman said. "I think that’s divvying up a pot that’s already there. If the retailer helps grow jobs in some way that actually makes something, maybe, but most retailers don’t make things. That’s my view on it."

Asked if Wegmans would accept tax breaks to open a store in Genesee County, Wegman said, "I can’t say someone else shouldn’t and that we would. I don’t think that’s right, although we do make a lot of the food we sell, that's why I was giving you that exception."

YNN's Rose Eiklor pointed out to Wegman that there is a Facebook group called "Bring Wegmans to Genesee County." Wegman had never heard of it, but said he would take a look.

Genesee Community College sits high on a hill surrounded by a lot of open space.

Gov. Andrew Cuomo visited GCC today to promote his "New York Tax Free" proposal, which would allow SUNY campuses such as GCC to play host to new businesses or businesses that are creating new jobs.

Up to 200,000 square feet of land around a SUNY campus could also be used for the 100-percent-tax-free zone.

All that open space around GCC, then, might also be described as opportunity.

"That was the vision 10 years ago that we started developing with GCC and Dr. Steiner and now Dr. Sunser," said Steve Hyde, CEO of GCEDC. The agency now has offices across the street from the college campus in what's known as the Upstate Med-Tech Center. "I think we're really well positioned to rock and roll together and really make a difference here."

Cuomo is clearly passionate about his proposal.  Whatever its critics might have to say about it, Cuomo has an answer and at times during his speech and afterward made his points with the fervor of an evangelist for Upstate New York.

Cuomo:

Nobody ever said (speaking of those who have left New York), I didn’t like New York or I didn’t like Upstate New York. Nobody.

We did this (mess up the state and cause 50 years of decline) to ourselves. We did this to ourselves because this state has every asset imaginable.

I spent eight years in the Clinton Administration. I worked in every state in this nation, literally, dozens and dozens of times. I know everything else that’s out there. I’ve seen the best that every state has. No state has to offer what we have to offer in New York. No state has our combination of talents.

Our geography, our diversity, our history, the most beautiful natural resources, mountain ranges, the greatest cities, beaches, we have it all, all in one state – the best of everything with the distillation of the best of America -- in one state called New York.

So it’s not that that they're beating us. We're beating us. We created these conditions. We can reverse these conditions. Reduce the taxes. Make this state as competitive as any state out there from a tax point of view.

"NY Tax Free" would turn SUNY campuses into zones with no state or local taxes of any kind for businesses based on the campuses (or in the 200K zone), and a company's employees, for up to 10 years.

The businesses would have to match the educational mission of the host campus, working in industries of related fields of study.

Cuomo's dream is clearly to incubate the next Apple or Google.

"If you look at the places that are creating jobs, it's the higher education institutions that are doing research and development. It's the 28-year-old who develops the new chip or the new iPhone of the new application, but the schools are actually creating the jobs."

These sorts of companies are getting founded on NY campuses now, Cuomo said, but 75 percent of them leave New York within the first year, taken either by founders or investors to lower tax states such as Florida or Texas.

Yes, the proposal is big and bold, Cuomo said. No other state in the nation has ever dared to take on such an audacious project, but New York does big and bold well, Cuomo said (while a picture of the Erie Canal was projected on the screen behind him).

Big problems, he said, require big solutions.

"People have been leaving," Cuomo said. "Jobs have been leaving. At the same time, we have more and more government and the costs of governing are going up and up while there are fewer and fewer people to pay for the increasing cost of government, which makes taxes higher, making the tax burden higher, which causes more people to leave. That's the dynamic and the longer the dynamic continues, the worst it gets."

Upstate, especially, needs the help, Cuomo said, and with 55 of the 64 SUNY campuses located in Upstate, and 95 percent of Upstate residents living within 30 miles of a SUNY campus, this proposal makes a lot of sense.

In the past several years, there has been only a 5-percent increase in new jobs in Upstate, while New York City has grown jobs at a clip of 16 percent. The 5-percent growth rate doesn't even keep up with the national average.

The proposal would create 120 million square feet of entrepreneurial space in Upstate, Cuomo said, which is more commercial space than in San Francisco and Philadelphia combined, and more than Buffalo, Rochester and Syracuse combined.

Speaking with reporters after his speech, Cuomo said the major criticism he's heard of the proposal is that taxes should be lowered to zero for everyone.

"It's the right idea to have zero taxes across the board," Cuomo said, "but there's some problems with the details."

If the proposal seems unfair, Cuomo argued that the current tax system is unfair.

"There is not a level playing field in the current tax code," Cuomo said. "The more you make, the more you pay. Some businesses get tax breaks that others don't. We have tax breaks for manufacturing. Why? Because we decided we want manufacturing businesses here. We have tax breaks for the film business ... because we want to produce movies here. It's a falsity that the tax code is equal, but for this. The tax code is anything but equal."

He also argued that residents around SUNY campuses will benefit from the job creation, with employees of these companies buying groceries, cars and houses locally.

"There will be economic activity in your community and that will be a good thing for you," Cuomo said.

He added, "We can't sustain what's going on now in Upstate New York. We cannot sustain the population decline. Nobody moving in. Everybody moving out. Fewer and fewer people paying the cost of a growing government.  We cannot continue the trajectory we've been on."

You can make Greek yogurt at home. About all you need is some yogurt culture, a whisk and cheese cloth.

After you strain your batch you're left with a watery white liquid known as whey. You will have about three ounces of whey for every ounce of yummy yogurt.

One Web site lists 18 possible uses for whey in your home, whether as a substitute for other liquids in cooking or as a skin care product. But for Alpina, which produces 245,000 tons of Greek yogurt a week, getting rid of the 455,000 tons of whey a week isn't that simple.

Right now, the whey is hauled to a facility in Wyoming County where it is digested into methane and used to generate electricity, but Alpina is exploring other options for dealing with whey.

Whey has become controversial in media reports over the past week or so. It started with a well-researched and reported story in Modern Farmer about the Greek yogurt boom with an unfortunate headline, given the substance of the story: Whey Too Much: Greek Yogurt’s Dark Side.

The story was far from frightening, but outlets such as Fox News and USA Today turned it into overblown headlines such as Toxic waste from Greek yogurt poses danger to waterways and Greek yogurt's dirty little secret.

What's this dark side, this toxic danger, this dirty little secret? 

If whey goes into a stream or lake, bacteria will boom and suck all the oxygen out of the water, killing all the fish.

But there are no reports of any whey from Greek yogurt being illegally dumped. In fact, the Modern Farmer story details both the responsible methods for disposing of it now and explores research into other possible uses.

Disposing of whey in a responsible manner is important to Alpina, said Roger Parkhurst, director of operations for the Batavia plant.

Labeling whey "toxic waste" is the kind of statement that could be said about a lot of substances, Parkhurst said.

"You could apply the term to gasoline," Parkhurst said. "We put it in our car and it's beneficial, but if it's abused it becomes a dangerous material. We handle whey right and in a responsible manner so that it isn't a danger."

Beneficial uses for whey include converting it to an energy source -- which Alpina does now -- or using it to supplement cattle feed, which Alpina is also exploring.

Alpina would love to sell its whey, so that the money spent to haul it off can instead become a source of revenue. A Cornell researcher is studying methods for turning whey into a baby formula supplement. That work is promising, Parkhurst said.

Whey could also become a direct energy source for the Alpina plant, saving the company money. 

Parkhurst said the company is interested -- though has no specific plans -- in finding a way to digest whey on site and convert the methane into electricity and convert the heat from the process into heat for Alpina's building.

Mark Masse, vp of operations for Genesee County Economic Development Center, said companies have contacted the agency about building a digester at or near the Genesee Valley Agri-Business Park, including working directly with Alpina, but it has never received a formal application.

"I am not sure why any of those projects haven’t moved forward yet," said Masse in an e-mail response to a question, "but my best guess is that they can’t secure a long-term contract for the waste product, and/or that these digester projects are very capital intensive and they usually try to secure NYSERDA grants to help defer these capital costs to shorten the payback period of the project and can’t secure those grants."

There are also concerns about any environmental risks associated with a digester located at a food processing park that sits above an aquifer.

Experts have told Masse, he said, that whey needs to be mixed with animal waste to be properly digested and any company proposing such a project would have to prove it could be done in a safe manner.

"We never got far enough along with any of the digester companies to have this conversation with them in depth or with our board," Masse said. "That issue would have to be discussed at length if any company wished to use animal waste in their process, and our board would have to approve it."

One local farmer has contacted Alpina about obtaining whey to mix with cattle feed, Parkhurst said. The farmer said he checked with Cargill, which provided him with a formula for mixing whey with his feed and now he would like to find out how to get his hands on some Alpina whey.

"That's just one farmer and he's not capable of taking on the whole thing," Parkhurst said. "But if it helps his business and it helps our business at least some, I would be more than happy to participate."

Alpina is actively exploring all options for whey waste, Parkhurst said, looking for the most economically sensible and environmentally sound solution.

"We've even worked a little bit with RIT and GCC," Parkhurst said. "There is money floating around to help research any practical application."

A local operation that may be able to take on all of Alpina's whey waste is Baskin Livestock.

Baskin, as we've reported before, specializes in taking food company waste and converting it into cattle feed.

Bill Baskin is eager to explore a partnership with Alpina to bring whey waste to his plant on Creek Road in Bethany. 

"We work with food producers all over the Northeast to get rid of their waste," Baskin said. "There’s no reason we can't do it right in our own back yard."

With any food production, there is a substantial amount of waste -- batches get mixed wrong, products are spilled or spoiled or unsold product goes bad. Baskin takes all that waste, dries, grinds it and turns it into cattle feed.

Quaker-Muller is already sending some of its product waste to Baskin, but the way the plant will make yogurt -- the Quaker-Muller plant officially opens Monday -- there is no whey waste.

"Our yogurt is consistently high quality because we add milk protein from strained milk to our yogurt to deliver the same delicious texture and taste every time," said Scott Gilmore, spokesman for PepsiCo.

Until recently, Baskin and Parkhurst hadn't spoken, but yesterday, Baskin's director of business development, Peter Klaich, met briefly with Parkhurst and Parkhurst said he's certainly interested in learning more about how Baskin can help with whey waste.

Parkhurst is proud that Alpina buys almost all of its raw ingredients from farmers in Genesee County and WNY. The potential of working with Baskin fits right in with that philosophy, Parkhurst said.

"We're always interested in working with local companies," Parkhurst said.

A proposal to create tax-free zones around SUNY campuses is intriguing to officials at Genesee Community College, according Rick Ensman, director of development and external affairs, even though it's unclear how it will all work.

Gov. Andrew Cuomo announced the proposal a few days ago. The plan would allow any business on a SUNY campus, or in some cases, in a zone around the campus, to operate completely tax free -- including no state income tax for employees -- for 10 years.

The justification, according to Cuomo, is to spur business growth and innovation in New York.

"This is an exciting and innovative proposal," Ensman said. "It has great potential for job creation and new academic-business partnerships. We’re eager to learn about the details, and about how we can participate."

The proposal has not yet been through the legislative process. It seems to have Republican and Democratic support so far, but in the process some details could change or refined.

"As I understand the proposal, businesses would be eligible for the tax-free zone if their products or operations are related to programs of study on the campus," Ensman said. "So it’s possible that businesses related to any of our programs (e.g. technology, health care, office tech, etc.) could locate in the area."

Issues such as where businesses would be located and how they would fit into the campus, or just off campus, won't be explored until and if the proposal becomes law.

"We’re anxious to learn more about the program," Ensman said.

Earlier this week, we e-mailed 10 questions to Steve Hyde about the approval of the COR Development Project. Below are the questions and his responses verbatum.

Q. According to the best available information, at the time the GCEDC board passed the resolution finding that COR's project would provide goods and services not readily available, only one of the proposed tenants was known and two others were in negotiations. How can such a finding be made without a certainty as to the exact tenants? What if COR were to change the tenants to include, say, a liquor store and/or a jewelry store (two business categories well represented in Batavia)?

A. We cannot comment on private negotiations between a developer and prospective tenants.  Like every project that is presented to our board, we have to rely on the information provided to us by the applicant which included a confidential disclosure of not only the known Dick’s project but two additional tenants as well. If the tenants that ultimately reach an agreement with the developer fail to fulfill the new criteria as defined by state law, we would ask our legal counsel for an opinion as to whether the applicant is living up to their end of the agreement and initiate appropriate claw backs. We are confident that COR will fulfill their obligations as they are a reputable developer.

Q. GCEDC has asserted that the COR project is bringing in retail with goods and services not readily available in Genesee County, but there's never been any specific information from GCEDC to substantiate this claim. What exactly is it about the known COR tenants that provides goods and services not readily available in Genesee County? Beyond the assertion, what are the facts to back up the assertion?

A. Again, we are relying on information provided by the applicant that the tenants both know and where private negotiations are occurring will provide goods and services that are not readily available in our community. We confident that COR will fulfill their commitments as it pertains to the GCEDC board’s finding which allows for GCEDC participation in the project under the retail exception as a part of the new state law.

Q. Does GCEDC have any obligation to provide mitigation for the tax breaks given to COR to the existing retailers, be they an independent business such as Batavia Marine or long-standing national chains such as Kmart (which also sells sporting goods)?

A. Any business in the community can submit an application for assistance to our agency and if they fulfill criteria such as the creation of new jobs and investment then they may be eligible for assistance. Our goal is to help businesses create jobs and bring new investment to our community and we stand ready to do everything we can to do that. We encourage businesses to learn more about the incentives provided by our agency. Information about these incentives as well as an application for assistance are available on our Web site at www.gcedc.com.

Q. Calculating from COR's own sales tax estimates, their tenants will generate somewhere in the neighborhood of $26 million in annual sales. On what basis are we to believe that Batavia is a marginal market in need of tax incentives in order to attract these retail businesses? The figures appear to be right in line with Dick's per store gross sales average, which means they should be able to project $500,000 in net annual profit. At that kind of return, do these retail stores really need tax breaks in order to come to Batavia? Aren't the things that make Batavia an attractive place to do business -- centrally located in a large rural area, Thruway proximity, promising economic growth -- sufficient for retail without tax breaks, and if it not, what will keep these business in town when the subsidies run out?

A. The fact that we do not have large retailers like Dick’s indicates that Batavia is a marginal market, however as we grow our economy through projects like Alpina and Muller Quaker and longer term STAMP, we will become a destination market. The fact remains, the developer applied for tax relief to conduct an adaptive reuse and expansion of the property at Batavia Towne Center that will create jobs and new investment in our community and just as important the application submitted fulfills the criteria for retail under the new state law.

Q. According to COR, the stores will invest a collective $11 million in opening their stores. If a retail business is willing to make that kind of financial comment to a community, how can we believe that tax incentives are critical to attracting national retail to Batavia?

A. Think about that for a moment. If you had an opportunity to make a $1.8 million investment over 10 years, which is essentially what our incentive package totals, and the return on that investment was $11 million worth of capital investment, who would not make that deal. On top of that, our investment of $1.8 million is going to be returned in the first year alone based on sales tax revenue generation which will benefit our community and help keep property tax rates down.  Without our assistance, there is no $11 million capital investment and no new sales tax revenue for our community thereby creating additional pressure to raise property taxes which hurt residents and businesses.

Q. GCEDC has asserted that it's bad for the community and bad for attracting business to have Lowe's vacant. In the time since it's been vacant, GCEDC has landed two major tenants and is about to land a third for the Genesee Valley Agri-Business Park. What evidence is there that a vacant Lowe's hurts business development?

A. When both Alpina and Muller Quaker were touring the area, the Lowe’s store was in fact still open which showed the companies that we did in fact have a vibrant retail center immediately located off of the I-90. Moreover, we are trying to take a holistic approach to economic development here in our community. You seemingly are taking the view that the Lowe’s vacancy does not “hurt” business development; we take the view, based on our years of experience in the company attraction business, that a vibrant retail center located at the gateway of our community enhances our ability to attract companies to our community in this very competitive world of economic development.

Q. GCEDC has asserted that it's bad to have a vacant Lowe's, but COR has said that it's bad for the rest of Batavia Towne Center to have a vacant Lowe's. Doesn't COR have a strong motivation to lease that space even without tax abatements?

A. I don’t want to single COR out; they are a prominent developer and like many developers they have options and choices as to where to lure their retail clients. Our decision was based on an application that our board believes fulfills the criteria under the new state law specific to retail projects. We believe the return on investment that will be generated through the tax assistance provided will create a vibrant towne center.

Q. What do you say to a comment such as Mike Barrett's, that tax incentives are like "using your own tax money to put yourself out of business"?

A. Alpina and Muller Quaker and the related economic benefits would not have occurred without the incentives being provided through the GCEDC. To the contrary, we are using incentives to create new jobs and new wealth and subsequently new tax revenues to make our community more prosperous and an even better place to work, live and play. I can assure you that Alpina and Muller Quaker are not putting local dairy farmers out of business.

Q. Based on our polls and nearly daily discussions with people in our community, it's difficult to find local residents who support tax breaks going to COR. Is it appropriate for GCEDC to go against the wishes of the vast majority of Genesee County residents on such an important issue?

A. Genesee County has a population of approximately 60,000 residents. A public hearing was held in the evening which was open to the public; about 30 residents attended and six spoke against the project during the hearing. One letter was received at the offices of the GCEDC opposing the project and was officially included in the transcripts of the hearing. The board was provided a written copy of the transcripts from the public hearing prior to voting to approve the adaptive reuse and expansion project at Batavia Towne Center. I think if we were to start relying on polling that admittedly in not statistically accurate and to use that data to make decisions about economic development, you would not see many businesses even contemplating coming to our community.

Q. Will GCEDC continue to have a policy of providing tax breaks to retail projects even though there is a significant body of research that shows tax incentives to retail have no tangible return to local communities and even though the vast majority of Genesee County residents oppose such tax breaks?

A. The GCEDC as a matter of practice does not pursue retail projects. This is evidenced to our not participating in the Tim Horton’s project locating at the west end of Batavia and the McDonald’s project planned for Aldi plaza in the City on the east end. We will continue to comply with state law while advancing our vision and mission to provide a positive place to do business for all companies. There is a significant body of evidence that shows there is a tangible return to local communities. To claim that the “vast majority” of residents oppose such tax breaks is subjective at best without any real statistically accurate information to substantiate such a claim.

Terry Platt, a landlord who owns numerous properties, says he's done investing in Genesee County.

On Tuesday, the City of Batavia Planning Board voted unanimously to disapprove Platt's proposal to convert a single family home at 316 E. Main St. into a boarding house.

"I hate to say it, because I would love to stay here and spend my money in the city, but after today, I think they've proved to me that Terry Platt's not wanted in this city," Platt said. "Therefore I will be looking to sell some things, but keep many so I can keep the income and take it to a different city that deserves it."

According to Platt, he put down $5,000 on a purchase offer for the property after city officials assured him the parcel was properly zoned for a rooming house and approval of his application wouldn't be a problem.

Then, last Friday, in a meeting with the city, he got the impression the attitude had changed.  Sudden, he said, city officials had found laws that limit the size of the rooming house.

He was told that instead of 12 rooms, he could only have nine, if approved.

At Tuesday's meeting, council members Rose Mary Christian and Kathy Briggs, along with John Roach and two neighboring property owners spoke against Platt's plans.

Christian noted that 316 E. Main St. is next to a pair of well-maintained Victorian-era houses, including one that won an award from the Landmark Society this year.

"These are extraordinary properties that are well maintained and cared for by the owners," Christian said.

Both Christian and Briggs noted that converting a single-family home to a multi-unit dwelling goes against the city's recently adopted strategic plan, which aims to convert many of the existing apartment buildings that were once single-family homes back to single-family homes.

Roach objected to the idea that Platt would likely take in NYS parolees as tenants.

Christian noted that some of Platt's properties have sex offenders living in the dwellings.

April Walroot, Platt's property manager, said out of the 28 rooms the company has rented now, only four are the homes of registered sex offenders.

She also said that because the house is within 500 feet of a school -- St. Joseph's -- NYS Parole won't allow sex offenders to be placed in the residence.

According to this online mapping tool, St. Joe's is more than 800 feet from the house, as is the Richmond Memorial Library. 

Elizabeth Jess, who recently acquired the red brick home next to 316, said she and her husband bought it because the neighboring homes were single family and well maintained. She said she was worried about sex offenders moving into a residence next to her family.

"If there was ever any indication this could happen, we never would have bought this home," she said.

The Bialys, who own the recently designated Landmark home, have invested thousands and thousands of dollars into maintaining their house and they are concerned that putting a rooming house two doors down from their home would diminish the value.

Platt said, yes, his company does work with NYS Parole to find homes for former prison inmates. He also said all of his rooming homes are supervised and there are rules enforced on the residents. There's a strong motivation to obey the rules, Platt said, because offenses get reported back to parole officers.

It's an advantage to the city, he said, to have parolees living at his properties rather than elsewhere in the city because they are expected to follow certain rules and are monitored by the property manager.

The conversion also fits within the city's strategic plan, Platt said, because they city wants more residents downtown.

"We have a location downtown where people will be able to walk to everything and be able to spend their money downtown, keep the traffic downtown," Pratt said. "It will be a positive for the city."

After the application was denied, Pratt talked of possible legal action. He said he will consult with an attorney.

He feels there is an issue with the city giving him indications it would be approved and then, from his point of view, changing the rules at the last minute, and he also feels the city is discriminating against a certain class of people.

"There is a shortage of this type of housing for the good people who need a place to live," Platt said.

The denial is just one more piece of evidence, Platt said, that the city doesn't want him around so he's going to stop investing his money locally.

"It's pretty obvious the City has made many gestures and many ways to let Terry Platt know he's not wanted in the City of Batavia," Platt said.

Asked if the City isn't also making it harder for other landlords to do business, or was he just being singled out, Platt said, "It has lot to do with Terry Platt and his rooming houses, because how can they let a single-family home on Oak Street be converted to a rooming house several years ago and now all the sudden they don't want to see rooming houses near downtown where they need the traffic?"