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Ray Cianfrini, chairman of the Genesee County Legislature, and himself an attorney, wishes Durin Rogers all the best as the new Batavia City Court Judge, but also expressed disappointment that Rogers sought the job in the first place

Speaking during a Ways and Means Committee meeting Wednesday, Cianfrini said it was his impression that when Rogers took an assistant county attorney position, he was setting himself up to eventually become the county attorney.

Now he's no so sure.

"It seems to me he's using the county to advance his own position," Cianfrini said. "I'm not going to stand in his way, but I think being a city court judge hurts him when it comes time to consider a new county attorney."

Granted, the current county attorney, Charles Zambito, has no apparent immediate plans to step down, but Cianfrini said he was under the impression Rogers was given duties and responsibilities commensurate with gaining the experience necessary to eventually replace Zambito.

Zambito said Rogers has certainly filled an important role, one that should continue in his department, of being prepared to step in as county attorney if Zambito was unavailable.

Rogers was appointed City Court judge last week by the Batavia City Council to replace Michael Del Plato, a Cianfrini law partner, who retired from the judge position at the end of his term.

Rogers is on vacation and an assistant said there was no way to reach him to get his comment on the sudden controversy over his new appointment.

The discussion came up while Zambito introduced a resolution to adjust Rogers' position from full-time to part-time.

As a City Court judge, Rogers will be required to be in court at least one day a week, which means he won't be available to the county on those does.

His hours are being reduced from 37.5 hours per week to 30 hours per week. That means he will now be paid $66,494 a year by the county, instead of $83,118, a payroll savings for the county of $18,624.

State law also prohibits judges from acting as prosecutors in criminal matters. As part of Rogers county ties, Rogers has handled cases in family court involving under-age offenders and PINS (persons in need of supervision) cases, which while technically civil cases, are also considered criminal prosecutions.

Assistant County Attorney Paula Campbell will assume that case load and Rogers will take over her duties handling abuse and neglect cases and termination of parental rights.

Liberty Pumps, a manufacturer of sump, sewage and wastewater pumps is undergoing a major expansion of its facilities in Bergen, New York.

The construction, which doubles the size of the current facility, will occur in three phases over the course of 2015. In total, the expansion will add over 123,000 square feet to the corporate operation in Upstate New York.

Phase one, already underway and nearing completion, is 81,600 square feet of additional manufacturing area. The added space will allow for new manufacturing cells, increased warehouse area for component inventory and expanded machining operations. A new powder coat line is also planned as part of this expansion. Phase two, scheduled for completion in May, increases the research and engineering lab, service area and features a new lunchroom facility for its members. The 14,200-square-foot lab expansion allows for the addition of new equipment required for Liberty’s recent qualification as a CSA test facility. The area also features an additional 20,000-gallon test pit designed to support Liberty’s expanding product line.

Phase three – a 23,000-square-foot sales/marketing wing and product training center -- is slated to begin construction in April with a target completion date of August. The new wing features an 80-seat multipurpose room, product display area for hands-on product training and demonstrations, as well as additional offices, a historical product display and visitors lounge.

Randall Waldron, V.P. of Sales & Marketing, said “As our products continue to advance technically, we realize product knowledge is critical -- not only to our sales team, but for those who use and install our products on a daily basis. The new product training center will allow us to better share this knowledge in a way that provides a great experience as well.”

Credit: Building rendering by Smart Design, of Batavia.

Press release:

The City of Batavia is hosting one of 10 "walkability audits" happening across the Finger Lakes Region. The project is funded by the Genesee Transportation Council through its Unified Planning Work Program (UPWP). The purpose of the audit is to get local perspectives on the problems and opportunities faced by pedestrians, and develop solutions for improving pedestrian safety, accessibility, convenience and comfort.

The intent of the audit is to help increase foot traffic and encourage alternatives to automobiles as a means of transportation. As a result, it hopes to increase the vibrancy and appeal of the City as a place to shop, socialize and recreate. The walkability audit will succeed best if it includes a range of community stakeholders from all perspectives working together to understand the issues and opportunities, and make sure the plan is responsive to locally identified needs.

The City of Batavia’s audit is scheduled to take place on Wednesday, April 22, 2015. Please join us for lunch and a presentation in the Council Chambers at City Hall. Following lunch the group will walk the City approximately one to two miles (90-minute walk) returning to the Council Chambers for discussion in small focus groups. The focus groups are to review problems and concerns identified on the walk and throughout the day and discuss solutions for future improvements. The day will conclude at 4 p.m.

For participation in the walkability tour, please contact Lisa Casey at the City Manager’s Office at (585) 345-6333 or e-mail at Lcasey@batavianewyork.com no later than April 10th to be placed in attendance.

Additional information will be mailed to you after your acknowledgement of attendance. We are looking for at least 30 people. Please bring your walking shoes, galoshes, or do I dare say snow boots? We will be walking in rain, snow or shine!

Brian Keith Laird, 20, of Wallace Street, Batavia, and Christopher Michael Smith, 20, of Porter Avenue, Batavia, are charged with unlawful possession of marijuana. Laird and Smith were observed inside a blue play tube attached to a swing set at Austin Park. Upon investigation, there were found to allegedly possess marijuana and were smoking marijuana inside the tube.

April M. Palmer, 28, no permanent address, is charged with possession of a hypodermic instrument. Palmer was allegedly found with a hypodermic instrument at 2:33 p.m. Tuesday at 29 Summit St., Batavia, by Officer Christopher Lindsay.

Chevaughn D. Hanson, 21, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Hanson was allegedly found with marijuana inside his residence after police responded to a complaint of a disturbance.

Charles H. Wroten, 54, of Buell Street, Batavia, was arrested on a warrant stemming from a third-degree assault charge and showing up at the jail for weekend incarceration with alcohol in his system. Wroten turned himself in. Wroten was jailed on $2,500 bail or $5,000 bond.

Brandon C. Dodd, 28, of Highland Park, Batavia, is charged with criminal mischief, 4th. Dodd allegedly intentionally damaged the window of his apartment.

Frank Mickey, 70, of State Street, Batavia, is charged with harassment, 2nd. Mickey allegedly threatened to punch another person in the face.

Tonya M. Weber, 31, of Baily Drive, Cowlesville, is charged with DWI, aggravated unlicensed operation, 1st, driving without interlock device, drinking alcohol in a motor vehicle and refusal to take breath test. Weber was arrested by Officer Eric Foels following a property damage accident reported at 12:21 a.m., Saturday, at 113 S. Swan St., Batavia.

Ryan James Wetsell, 21, of Trumbull Parkway, Batavia, is charged with unlawful possession of marijuana. Wetsell was arrested following a traffic stop at 10:45 p.m. Sunday on Trumbull Parkway by Officer Christopher Lindsay.

Nicholas Joseph Elmore, 26, of Grandview Terrace, Batavia, is charged with petit larceny. Elmore is accused of stealing $546.76 in merchandise from Walmart. 

Barbara Jean DeNinno, 57, of West Main Street, Little Falls, is charged with possession of untaxed cigarettes, speeding and obstructed plate. DeNinno was stopped at 11:18 a.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. DeNinno was allegedly found in possession of 21,000 untaxed cigarettes. Also charged, passenger Laura Christina Fenty, 46, of East Jefferson Street, Little Falls.

Dillon Austin Peacock, 20, of Whelehan Drive, Rochester, is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and drinking alcohol in a motor vehicle. Peacock was a passenger in a vehicle stopped by Deputy Joseph Corona at 5:22 p.m. Tuesday, Route 77, Pembroke. He was allegedly found to be drinking in the vehicle and in possession of brass knuckles and marijuana.

Ashley Rose Grip, 20, of Whitehall Drive, Rochester, is charged with possession of unstamped cigarettes. Grip was stopped at 5:22 p.m. Wednesday on Route 77, Pembroke, by Deputy Joseph Corona and allegedly found in possession of 4,954 untaxed cigarettes.

Children outside playing under bright blue skies, surely this is a sign of spring?

Ah, alas, a cruel April 1 joke, as the weatherman says there's still some freezing temps in our near future.

But today is nice enough for children from the YMCA's preschool program to practice a little chalk art. Above, Teegan, 5, draws a house.

Genesee County AmeriCorps member Steven Kleckler and RSVP of Genesee County Program Director Courtney Iburi presented vocabulary booklets created by volunteers to students at the Agri-Business Child Development Center in commemoration of the Cesar Chavez Day of Service. 

Photo and info submitted by Kathy Frank.

Press release:

Do you want to have a voice in your community? The Genesee County Democratic Committee, including each town and the City of Batavia, is seeking civic-minded people interested in serving their communities as Genesee County legislators, town board members, town clerks, highway superintendents, town supervisors, etc. For more information on offices to be voted on, please see the Genesee County Board of Elections Web site tab "Offices to be Voted 11/3/15."

If you have any questions or if you are interesting in running, please send a letter of intent by May 1 to: Jennifer Keys, 43 E. Main St., LeRoy, NY 14482 or e-mail Jennifer.keys@rochester.rr.com After your letter is received it will be sent to the town chairperson representing the town you are seeking office in. Endorsement meetings will take place through May.

Are you a Democrat who is civic minded and would like to get involved but do not want run for office? This is also a committee position year. There are positions in every community in Genesee County.

The City of Batavia has posted a job opening on at least one Web site for a new director of public works, a position currently held by Williamsville resident Sally Kuzon.

The city did not make any announcement about Kuzon's future, but WBTA reports Kuzon is retiring.

The job pays $73,134 to $88,705 for somebody with a minimum of a four-year degree and three to five years experience.

The job opening is not posted on the city's own Web site, which currently states there are no open positions with the city.

The director of public works oversees all operational and maintenance aspects of the community’s streets and roadways, water, wastewater, parks and grounds, engineering, public facilities and code enforcement.

The position also requires supervision of winter snow plowing and clean up, a job the city was repeatedly criticized for by local residents over this past winter.

Press release:

“I cannot, in good conscience, support a budget that allows the state to have power over the needs of individual school districts and classrooms. The education component of the budget gives the State Department of Education (SED) too much latitude in implementing the teacher evaluation system. We should have included teacher groups and school administrators in these decisions instead of leaving it up to bureaucrats and armchair educators. Furthermore, this budget makes no mention of exceptions for special education teachers’ evaluations, whose students will likely struggle with Common Core testing, and we will likely see a large number of students score poorly on Common Core Assessments.

“I cannot support budget measures which include funding for the SAFE Act. The Capital Projects and State Operations budget bills appropriate millions to be used for the SAFE Act database and personnel. It is unfortunate that good legislation is often tainted with politically advantageous appropriations. I refuse to vote for legislation that funds an irresponsible and shameful measure that was passed in the middle of the night without public input or adequate time for discussion and debate.”

Buffalo News: As state revamps teacher evaluations, movement to boycott tests grows

Steve Hawley gets a pie in his face at the Genesee County Nursing Home during a fundraiser over the weekend that benefited United Way.

Residents and staff raised $744 at the event, which included a hot dog day, open cafe, Easter candy basket raffles and pie throwing into the faces of Hawley, Christine Schaller, Cheryl Schezpanski, Amy Mazerbo, Beth Volk, Joel Chastek and Alisha Rudd.

Photos and information submitted by Amy Mazerbo.

People driving their cars like a smooth ride, and right now they're not getting it on River Street.

The intersection of South Main and River was damaged when a water line broke there over the winter and crews dug deep holes to find the leak and make repairs.

The holes were patched, but the surface remains lumpy and uneven.

So people have been complaining -- The Batavian has received e-mails. People want to know why, six weeks later, the street is still in the condition it's in.

"We're well aware of the problem and we're evaluating the condition all the streets are in," said City Manager Jason Molino.

River and Main won't be the only streets that need some resurfacing and the city will prioritize  road work for the spring and summer, but right now, it's too soon to even start. The ground is still unthawing and roadways are still settling.

"The weather is still subfreezing and we're not going to be able to do anything until the weather warms up," Molino said.

Even if they were ready, there's no asphalt to be had for such a project.

"The City cannot do road improvements until the asphalt plants are open and the weather is warmer," Molino said. "Once asphalt becomes available and we have warmer temperatures, we will be making road improvements. Asphalt plants usually open around mid-April."

There are fewer people with jobs and fewer people without jobs in Genesee County, according to labor statistics released this afternoon.

The Department of Labor reports that in February, 27,200 residents in Genesee County had jobs, compared to the same month a year prior when 27,500 had jobs.

At the same time, the number of residents without jobs dipped from 2,200 to 1,900 over the same period. 

The county's unemployment rate dropped 7.3 percent to 6.6 percent.

Meanwhile, the number of jobs in the county remained unchanged at 21,800. That number was 21,300 in 2013 and the most recent historical high for February comes from 2008, when there were 22,400 jobs reported.

The state's unemployment rate is 6.4 percent and the nation's is 5.8, both better than a year ago.

Erie County's rate is 6.1, Monroe is 6.5.

In the GLOW region, Livingston is 6.0, Orleans, 7.8 and Wyoming 8.0.

Marguerite Ann Magee, 76, of Oak Orchard East, Albion, is charged with harassment, 2nd. Magee allegedly struck another person with her elbow, which caused a cut lip. The incident was reported at 6:44 p.m. Monday at a residence on Judge Road, Alabama.

Terrance William Stenzel, 39, of Murray Street, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, aggravated unlicensed operator, 2nd, and obstructed plate. Stenzel was stopped at 1:06 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves for an alleged traffic infraction. Stenzel was allegedly found in possession of crack cocaine and marijuana. He was jailed on $550 cash bail or $5,000 bond.

Press release:

Mostert, Manzanero & Scott, LLP, presented a summary of the audit process undertaken and the scope of their engagement, as well as the findings and various observations related to the Genesee County Economic Development Center’s financial position at an open meeting of the GCEDC Board on March 30, 2014.

The GCEDC Board engaged Mostert, Manzanero & Scott, LLP, a certified public accounting firm, to perform the audit of 2014 financial statements. The audit was designed to issue an opinion on the financial statements of the GCEDC for the year ending December 31, 2014, a management letter to the Board of Directors and management and a report about internal control over financial reporting in accordance with Government Auditing Standards.

Included in the management letter is a statement from Mostert, Manzanero & Scott, LLP, affirming that no material deficiencies in internal controls were identified during the audit. They also affirmed that, in their opinion, the audited financial statements present fairly, in all material respects, the financial position of the GCEDC as of December 31, 2014, in accordance with accounting principles generally accepted in the United States.

“I am confident that the GCEDC internal control policies are functioning correctly and that our finance team monitors the finances in accordance with the highest accounting principles,” said Steve Hyde, president and CEO of the GCEDC. “GCEDC CFO, Lezlie Farrell, who is a Certified Public Accountant, does an outstanding job monitoring all of our agency procurement and financial activities."

The financial statements of the GCEDC are reported using the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash transaction takes place. For example, expenditures are recorded in the period that services are provided, even though corresponding payment for those services may not be made until a later date.

The GCEDC finished 2014 with a net operating loss of $14,990 as compared to a net operating loss of $198,403 in 2013. As expenses remained consistent overall in 2014, revenues from project fees were significantly higher in 2014 as compared to 2013. The largest project in 2014 was the Yancey’s Fancy project. Yancey’s began construction on their 112,000-square-foot facility in the Buffalo East Technology Park, located in Pembroke, NY, in the spring of 2014. Overall, Yancey’s Fancy will invest more than $20 million and create 50 new jobs at the facility.

“The GCEDC budgeted for a loss of $175,000 for 2014 and I am pleased with our year end results,” said CFO Farrell. “At the end of 2014 there were several attraction projects in the sales pipeline that still remain active today. We anticipate that one of these major attraction projects will close in 2015 and bring significant investment and jobs to the region."

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for an application for assistance from Darien Lake Theme Park Resort at the March 30, 2015, board meeting. 

Darien Lake Theme Park Resort is planning to add new attractions for its 2015 operating season, including a 75-foot “super loop” thrill ride and dual waterslide complex speed ride.
The company was approved for a sales tax exemption of $180,000 and the planned capital investment will total an estimated $2.5 million.

“The tourism industry is extremely competitive so enhancing our attraction through new rides and investments in other amenities is critically important to our business operations,” said Chris Thorpe, general manager, Darien Lake. “The support of the GCEDC allows us to make these investments and maintain our reputation as a popular and fun tourism destination and remain competitive against other attractions in the Northeast.”

“Darien Lake is one of the most impactful economic contributors to our local economy, providing over 400 full-time equivalent jobs and approximately 2,000 seasonal positions each year,” said Wallace Hinchey, GCEDC Board chairman. “It is in the best interest of our community to help Darien Lake remain a popular tourism destination and the resulting economic benefits in doing so.”

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that the Legislature has included several well-funded programs in the 2015-16 Enacted Budget that will bolster local agriculture. Hawley announced a $1 million initiative for the Beginning Farmers NY Fund to attract young people to the career of farming, a $4.2 million increase for local agriculture assistance programs, and a $500,000 loan fund for the Soil and Water Conservation Committee to create a revolving loan fund for drain tile installation on farms.

“As the former owner of Hawley Farms, I know the struggles that farmers face on a yearly basis,” Hawley said. “I have worked tirelessly to advocate on behalf of Western New York’s farmers and I am proud to see these proposals pass in the Assembly today. Farmers constantly deal with threats to their businesses such as drought, heavy rainfall and destructive insects. These proposals will help keep our agriculture industry flourishing, entice young people to the industry, and allow farmers to obtain loans they will use to protect and enhance their crop production.”

An accident with unknown injuries is reported at Ellicott Street and Jackson Street, Batavia.

Traffic is blocked.

City fire responding.