Business

One of the area's largest construction firms, owned by Darien Center resident John Zoladz, lost a $435,692 contract for a project in Hamburg this week, after being the low bidder, and is blaming what the company describes as a pro-union front group for the change of direction.

Meanwhile, an organization calling itself The New York Foundation for Fair Contracting sent out a press release celebrating the decision by unnamed Erie County leaders, who squashed the Zoladz contract under the state's "Lowest Responsible Bidder" law.

The law allows government agencies to reject low bids from contractors not deemed qualified. Generally, that means the company placing the lowest bid has the capability to fully and reliably perform the contract requirements.

NYFFC's press release suggests Zoladz is not qualified because of two work-related deaths in the past couple of years and was accused of falsely claiming it was a small business owned by a service-disabled veteran.

The NYFFC press release says that Zoladz paid a $3 million fine, which is not entirely accurate. The company was required to pay a portion of that fine and there as no finding of liability.

While NYFFC portrays itself as a "watchdog" group, Zoladz, which is a non-union shop, alleges that the trustees of the nonprofit have strong ties to International Union of Operating Engineers Local 17.

"The entities share the same address and likely share services," Zoladz said in its press release. "The trustees also appear to include at least one apparent operator of a company that directly competes with Zoladz.

"Finally, the 'Foundation' appears to be funded, at least in part, by union-employer contributions from collective-bargaining agreements. It is clear that, even without the 'Foundation’s' previous history with Zoladz as explained below, it is a motivated competitor of open-shop Zoladz."

It is true that Zoladz was fined by the OSHA over work-related deaths of employees. In August of 2016, Aaron L. Wellman died when a piece of construction equipment rolled off a trailer on Route 20 in Darien Center. The fine in that case was $8,000. On April 5, 2018, an employee was caught in a conveyor belt and suffocated. Zoladz was fined $43,000.

"To the NYFFC’s understanding, this is the first instance of Erie County using its lawful responsible bidder authority," the NYFFC said in its statement. "This enforcement ensures responsible contractors who abide by the law and deliver a high-quality product have a fair shot at public works contracts."

In the Hamburg project, Zoladz bid on just a portion of the $3 million job. The company blames competitors for lobbying against the company receiving the contract.

From the press release:

"Zoladz Construction disagrees strongly with the county’s sudden reversal, coming as it does in the wake of governmental pressure from competitors," said Jennifer K. Harvey, attorney for Zoladz.

"While we certainly agree with DPW that the settlement at issue in this matter does not result in a negative finding, we vigorously dispute the legal and factual reasons DPW cited as a basis for finding Zoladz’ bid incomplete and subject to rejection.

"We are requesting a hearing to exhaust our administrative remedies, and we remain confident and hopeful that Zoladz will be able to start work soon on this long-promised project that’s so critical to the safety and peace of mind of county taxpayers driving in Hamburg."

The press release states the NYFFC issued a letter May objecting to the award of the contract and said the group has mounted a similar "attack" in Niagara County but that the County Legislature there investigated and found the complaints without merit before awarding the company a $1.8 million contract for work on the county landfill.

Zoladz, based in Alden, employes 175 people and was founded by cousins John Zoladz and Tom Dougherty in 1985, when they had only a tractor and a backhoe. Now they have offices in Charlotte, N.C., Avon, and Lackawanna.

Batman doesn't smile. He doesn't smile when posing with Bill and Joy Hume. He doesn't smile when he has a new book out. He doesn't smile while making a public appearance on a Saturday at Foxprowl Collectables.

In this case, Batman is cosplay specialist, public speaker, and author William Lorenz Jr., of Buffalo, and his new book is "The Ballad of Buffalo's Best Batman."

An audit by the state comptroller is more than welcome, officials with Western OTB, operator of Batavia Downs, said this week.

The board of directors unanimously passed a resolution pledging transparency in its business dealings and Henry Wojtaszek, president and CEO of Western OTB, sent a letter to Thomas DiNapoli inviting an audit.

"Over the past several weeks, some media reports have focused on our finances and promotional operations," Wojtaszek wrote. "In order to continue to meet our high standards of transparency and compliance, I would like to inform you we welcome an additional audit of the corporation's finances by your staff and of course will follow any recommendations we can to improve moving forward."

The moves come as a result of reports, based on information from anonymous sources, that Western OTB is the target of an FBI investigation into allegations that "politically wired" companies have received preferential treatment in contracts with the corporation. 

It's a charge officials with Western OTB deny.

A source on the board characterized the news reports as based on "rumors."

In his letter, Wojtaszek noted that Western OTB has generated more than $231 million in revenues for the 15 counties in its region and that prior comptroller audits have not revealed any financial impropriators or irregularities.

"(That) is something we are very proud of," Wojtaszek wrote.

Press release:

The Genesee Country Farmers' Market @ The Downtown Batavia Public Market opens for the season on Friday, June 7th, at the market's location on the corner of Bank Street and Alva Place in the Downtown Batavia Business District.

Market hours are 9 a.m. to 4 p.m. on Tuesdays and Thursdays, and 9 a.m. to 5 p.m. on Fridays with the season running from Friday, June 7th, through Friday, Oct. 25th.

"This year marks the fourth year of collaboration with BID (Downtown Batavia Business Improvement District)", says Market Manager Mike Bakos, "The Market will remain a three-day per week 'Grow-Your-Own' market, featuring the freshest locally-grown produce along with unique specialty items from local artisans.

"Vendors are excited about the upcoming market season with many of last year's vendors returning along with some new additions. The market will once again participate in the SNAP (Supplemental Nutrition Assistance Program), DUFB (Double-Up Food Bucks), NYS FreshConnect, WIC and Senior Farmer's Market Check Programs. Stop by and talk directly to the people that grow your food."

The market is committed to its Mission of "providing a family-friendly environment where the residents of the Greater-Batavia area and Genesee County can shop for fresh, locally-grown, produce and specialty artisanal items" -- and its Vision of "making the Genesee Country Farmers' Market @ The Downtown Batavia Public Market a WNY Destination."

Parties interested in joining the market to become a Seasonal Vendor or Day Vendor may contact Sharon Brent at (716)-560-0853 or by email at sharon_brent@hotmail.com or Mike Bakos at (716) 866-4958 or by email at mbakos@rochester.rr.com.

Qualifying charities, service-groups, or 501c3 organizations that would like to participate in the market may obtain a FREE market stall by contacting the market at (716) 866-4958 or by email at mbakos@rochester.rr.com.

Press release from Assemblyman Steve Hawley's office:

Following increasing pressure from Downstate lawmakers to overturn an 80-year law and allow farm workers to unionize, Assemblyman Steve Hawley (R,C,I-Batavia) is again calling for statewide public hearings to be conducted by the Assembly before any vote is proposed to make such a sweeping change to one of New York’s largest industries. 

The former owner/operator of Hawley Farms in Batavia was one of the first legislators to sign onto the Assembly Minority’s letter requesting public hearings on unionization.

“Growing up as a generational farmer in Western New York and eventually owning and operating our family farm, I am confident that unionization would harm our industry and force more family-owned operations to close,” Hawley said.

“Farming is unique in its demands, its work schedule, its earnings structure and its labor needs, and to impose blanket requirements to make it congruent with other industries simply may not work in the agricultural model.”

Hawley, a longtime member of the Assembly’s Agriculture Committee, has been in conversations with Chairwoman Donna Lupardo (D-Binghamton) to hold public hearings for several weeks.

“I suspect that the New York City lawmakers pushing this legislation have very little experience on a farm and we need statewide hearings to ensure that current farmers, their employees and members of the agriculture community are heard before any decisions are made,” Hawley said.

Sunny's in Batavia is closing its doors for the last time tonight.

Late this afternoon, Skinny Rose wasn't at the restaurant and Tiny Rose declined to comment about the closing.

Local officials, including Rep. Chris Collins, were on hand Friday for an open house and ribbon cutting at Batavia's newest medical clinic, Fresenius Kidney Care, on Veterans Memorial Drive, just north of Home Depot.

The new facility will be staffed by 20 healthcare professionals and able to treat 102 patients per week.

It opens tomorrow.

Director of Operations Kenneth Crine said Fresenius came to Batavia because the current dialysis clinic is typically booked to capacity.

"I felt excitement for being able to provide needed dialysis services in a community that has a need for that," Crine said. "I think Batavia has been in that situation for a little while, where the current facility is kind of full and people have been displaced because of that, and being able to provide a center where people can have access to convenient healthcare is really important to me. So, you know, I feel good about that."

Kenneth Crine and Chris Collins

National Grid was recognized Friday by the WNY Tech Academy at Byron-Bergen High School as the Business of the Year for the company's support of the program, particularly for the $25,000 National Grid had already donated to the student's greenhouse project. On Friday, executive Ken Kuwaja and Paul Gister delivered another $50,000.

The student-conceived project involves building a greenhouse and starting a business to grow greens and farm tilapia in a hydroponic environment.

Kelly Yates, pictured with Principal Thomas Schulte, was named Mentor of the Year.

Students named Professional of the Year: Samantha Lucki, Petyon Penders, and Evan Harter.

Press release:

On Wednesday, Congressman Chris Collins (NY-27) introduced legislation that would provide a short-term, one-time fix, to help the nonseasonal agriculture workforce.

"The Helping Labor Personnel (HELP) Farms Act" provides a solution for farmers across the nation, especially in the dairy industry, while Congress and the Department of Labor continue to modernize the H-2A program and allow visas be granted on an annual basis instead of seasonally.

“Under current law, the H-2A visa program does not help our struggling dairy farms, who live in constant fear of losing their workforce,” Congressman Collins said. “This legislation provides a temporary solution while Congress and the Department of Labor work together to find a bipartisan solution.”

This legislation requires the Secretary of Homeland Security, in conjunction with the Secretary of State and Secretary of Labor, to collect applications for temporary work authorization for nonseasonal agriculture workers. This nonseasonal agriculture workforce must be sponsored by a United States employer who he/she has worked with for at least two years.

Upon approval of the application, the alien worker will be granted work authorization for two years along with his/her spouse and children. Additionally, protections are included for the sponsoring employer to ensure there are no consequences for employing an alien workforce due to an outdated and flawed H-2A visa program.

“There is not a single person representing dairy that does not understand we have a true crisis with the current system we have in place,” Collins added.

An alien worker who currently works in a nonseasonal agriculture occupation may be permitted to apply to this temporary work authorization program so long as they have not been convicted on felony charges of rape, kidnapping violent assault, sexual assault, or suspected of terrorism.

Alien workers who are currently being detained may also be given the opportunity to apply for this program.

A copy of the bill can be found here.

Brewers and beer lovers from throughout Western New York will converge on Eli Fish Brewing Co. in Batavia this Sunday for the conclusion of Farm-to-Pint Week, a regional event organized by the Buffalo-Niagara Brewers Association.

The event is called a "tap takeover." Brewers from the association who used ingredients grown on Western New York farms will take over the taps with their own beers (Eli Fish will have four of its own beers on tap) from 1 p.m. to 8 p.m. The event is open to the public.

The association bills the week as a chance to celebrate the regional brewers and growers who work together to produce some incredible handcrafted beers.

Earlier this week there were events at Resurgence Brewing in Buffalo, Food Truck Tuesday in Buffalo, and tomorrow 42 North Brewing Co. in East Aurora hosts "Full Circle Fest 2019."

The tap takeover event was previously hosted by a brewery in Hamburg, so Eli's brewmasters Adam Burnett and Jon Mager (top photo) said it's a real honor that the association decided to host the event in Batavia this year.

"We think it’s pretty cool that when we offered to host it they didn’t flinch," Burnett said. "I think that speaks to the inclusiveness, that we’re part of the real scene of the Buffalo-Niagara Brewers Association only in our second year. I know a lot more brewers are well established so it’s a sign of respect to be included."

Press release:

Fresenius Kidney Care, the dialysis division of Fresenius Medical Care North America and the nation’s leading network of dialysis facilities, invites the community to attend an Open House celebration from 5:30 to 7:30 p.m. on Friday, May 17, at its new Batavia clinic.

It is located in a newly constructed 8,000-square-foot state-of-the-art building at 4185 Veterans Memorial Drive in the Town of Batavia.

The clinic, which can treat a maximum of 102 patients a week, enables Fresenius Kidney Care’s local team of expert medical professionals to better serve the Genesee County area’s growing dialysis community. In New York, nearly 30,000 patients require dialysis treatment.

At the Open House, local experienced medical professionals available to discuss patient services and the latest dialysis treatment options, including:

• In-center dialysis – provides the reassurance of staff-assisted treatment and labs all in one place;
• At-home dialysis -- offers greater independence, convenience and health benefits to patients who would otherwise spend up to 12 hours a week in a center receiving the life-sustaining care;
• How the center’s care team meets patients’ physical and emotional needs by individualizing their care;
• How Fresenius Kidney Care Batavia strives to empower people to thrive on and live the healthiest, fullest way possible – with kidney disease treatments that fit in with life, not the other way around;
• How FreseniusRx renal-trained pharmacists can help dialysis patients manage their medications.

Tour the clinic and meet the treatment team and see the treatment rooms. Learn about other services offered at the center, such as hemodialysis travel services, and ongoing educational programs.

Light refreshments available.

About Fresenius Kidney Care

Fresenius Kidney Care, a division of Fresenius Medical Care North America (FMCNA), provides dialysis treatment and support services to more than 190,000 people with kidney disease every year whether in their own homes or at more than 2,400 facilities nationwide. Fresenius Kidney Care’s dedicated teams help address the physical and emotional aspects of kidney disease through personalized care, education and lifestyle support services. For more information about Fresenius Kidney Care, visit www.FreseniusKidneyCare.com.

About Kidney Disease and Dialysis

One in seven adults will develop chronic kidney disease, with many not detecting the condition until they have lost more than 90 percent of their kidney function. More than 660,000 Americans live with end stage renal disease, or kidney failure, which requires either a transplant or dialysis to remove waste from the blood, maintain safe levels of potassium and sodium and control blood pressure. Currently, 468,000 people in the United States depend on dialysis as a life sustaining treatment. The leading causes of kidney disease are high blood pressure and diabetes.

Press release:

The Genesee County Economic Development Center (GCEDC) voted Thursday to approve reassigning the terms of previously approved PILOT (Payment In Lieu Of Taxes) agreements for Upstate Niagara Cooperative.

The company recently announced the purchase of the former Alpina Foods manufacturing facility in the Genesee Valley Agri-Business Park.

Under the PILOT agreements, local taxing jurisdictions will receive $378,010 in revenues over the life of the PILOT. Upstate Niagara Cooperative plans to invest $22 million in the facility to meet the company’s operational needs.

“Genesee County has benefited greatly from the repeated investments by food and beverage companies into dairy production facilities,” said GCEDC Board Chairman Paul Battaglia. “The Genesee Valley Agri-Business Park provides excellent opportunities for the Upstate Niagara Cooperative and businesses in the dairy and food industries to succeed.”

The GCEDC Board also approved a loan from the Growing the Agricultural Industry Now! (GAIN) fund for New York Craft Malt. The $82,000 GAIN loan is part of a $206,968 investment for the purchase of new equipment and building improvements at the company’s facility at 8164 Bank Street Road in the Town of Batavia. The project will create two new jobs.

“NY Craft Malt’s project builds on our successful GAIN Loan Fund program, which supports the growth of agricultural products and businesses in Genesee County,” said GCEDC President and CEO Steve Hyde. “Low-interest GAIN loans have enabled producers to invest over $1 million into dairy, maple and malting operations.”

The NY Craft Malt is the fifth project in Genesee County to receive a GAIN loan. Previous recipients include Cottonwood Farms in Pavilion, Sandvoss Farms in East Bethany, and Junior’s Maple in Batavia.

Press release:

The Genesee County Economic Development Center (GCEDC) will consider reassigning the terms of previously approved PILOT (Payment In Lieu Of Taxes) agreements for Upstate Niagara Cooperative, which recently finalized the purchase of the former Alpina Foods manufacturing facility in the Genesee Valley Agri-Business Park.  

The PILOT agreements would provide local taxing jurisdictions with $378,010 in revenues over the life of the PILOT. Upstate Niagara Cooperative plans to invest $22 million in the facility to meet the company’s operational needs.

The GCEDC Board also will consider a request by New York Craft Malt for a $82,000 loan from the Growing the Agricultural Industry Now! (GAIN) fund.  The GAIN loan would be part of a $206,968 investment for the purchase of new equipment and building improvements at the company’s facility at 8164 Bank Street Road in the Town of Batavia. The project would create two new jobs.

The GCEDC Board meeting will take place at its offices at 99 MedTech Drive in Batavia at 4 p.m. on Thursday, May 2. The meeting is open to the public.