Business

Two witnesses in a hearing related to the Frost Ridge lawsuits testified today that a key document was filed with the Town of Le Roy months before an April 8 statute of limitations date that is part of the dispute over live music at the campground.

It's all more complicated than even that convoluted sentence, however.

The hearing wasn't even completed today. Judge Robert C. Noonan was scheduled to hear a case in Rochester at 2 p.m. and with at least one more witness scheduled to be called, continued the hearing to 10:15 a.m., Tuesday.

Before adjourning, Noonan continued the stay of his temporary restraining order barring live music at Frost Ridge, which means that the Phil Vassar concert scheduled for Saturday will go on as planned.

The concert is a fundraiser for the Golisano Children's Hospital.

Vassar has said Frost Ridge is one of his favorite places to play and asked to be included in this season's line-up.

The hearing was limited to two motions under consideration by Noonan: 

• Whether the statute of limitations for challenging a ZBA determination that nonconforming uses at Frost Ridge, contrary to current zoning law, were "grandfathered in," and,
• Whether there is what is known as a "jurisdictional defect" in the ZBA's determination.

The key document relevant to the statute of limitations motions is the Zoning Board of Appeals minutes from its Sept. 25, 2013 meeting.

At dispute is whether the minutes were filed with the town before April 8. 

If the minutes were filed before April 8, that would mean one of both lawsuits were filed after the statutory period for challenging a zoning board's determinations.

But, did the ZBA under the circumstances of Sept. 25 have the authority to make that determination, which is something the attorney for the Cleere/Collins side of the suit is challenging.

Noonan's eventual ruling on these motions could either allow one or both lawsuits against Frost Ridge to go forward, and perhaps to trial, or determine whether one or both will be dismissed. 

Frost Ridge and the campground's owners Greg and David Luetticke-Archbell are being sued by the Town of Le Roy and Frost Ridge neighbors, the families of Cleere and Collins (who are related to the original Frost Ridge owners). Cleere/Collins is also suing the ZBA.

First to testify was Town Clerk Patricia Canfield.

There is much about when the minutes were first publicly available that Canfield can't remember.

She testified that as standard and permissible procedure, the ZBA minutes are kept in a file in the office of Jeff Steinbrenner, zoning and code enforcement officer for the Town of Le Roy.

She couldn't recall with certainty when she first had reason to retrieve the Sept. 25 minutes from the file, but said they were requested more than once through various Freedom of Information Requests, including requests by Marny Cleere.

Canfield said Cleere filed more than five FOIL requests, but not more than 10, and she couldn't remember if the one requesting ZBA minutes came in 2013 or 2014.

She couldn't remember if any of the other FOIL requests for the minutes came in 2013.

Under questioning from Noonan, Canfield said most FOIL requests are written, though she accepts verbal requests. Written requests are kept on file, she said, but there was no indication that any written FOIL requests were in court today.

As for the ZBA hearing itself, Canfield testified that if there was a public notice published of a meeting to discuss Frost Ridge's non-conforming use, she would have known about it, and she said she was unaware of any such publication.

David Roach, the Frost Ridge attorney, also called Steinbrenner as an "adverse witness."

Steinbrenner was also questioned by attorney Karl Essler, representing the ZBA.

Under questioning from Essler, Steinbrenner said that once the minutes from a meeting were approved at a subsequent meeting, he would place those minutes in his file.

He agreed that the Sept. 25 minutes were approved by the ZBA board at its Oct. 22 meeting and that he probably filed the minutes that night or the next morning.

As for the meaning of the minutes, Steinbrenner danced around the issue, often skirting direct questions.

He said he didn't recall live music being discussed as a prior nonconforming use at the Sept. 25 meeting.

Roach and Steinbrenner wrangled over the course of several questions whether an e-mail Steinbrenner sent to Frost Ridge in August 2013 was meant to put them on notice that a long list of alleged zoning violations included live music.

Mindy Zoghlin, attorney for Cleere Collins, when cross-examining Steinbrenner, read off a list of alleged zoning violations related to roadways and the placement and setbacks of campsites. 

While never explicitly stated, the clear implication of the line of questioning is an attempt by the plaintiff's side to establish that the ZBA ruling, if valid, was limited to land use issues and the ZBA didn't at all consider, nor was it asked to consider, whether live music is grandfathered in.

"When we first started with Frost Ridge about this, we saw two aspects to it," Steinbrenner said. "There was a need for special use permit for the campsites and one for concerts. At the time, we decided to go after the campground sites at Frost Ridge and the go after the concerts once they were up to compliance and in code."

Steinbrenner's August e-mail twice uses the word "etc." when referring to the alleged zoning violations.

When Roach would ask in various ways whether "etc." includes live music, Steinbrenner repeatedly deflected the question by staying he was merely forwarding what Town Supervisor Steve Barbeau had said was discussed at a prior town board meeting (which Steinbrenner didn't attend).

Under questioning from Roach, Steinbrenner admitted that he had verbally told David and Greg that live music shows were a possible zoning violation.

The third and final person to testify today was Debra Jackett, chairwoman of the ZBA.

Jackett testified that the board approved its minutes from the Sept. 25 meeting at its Oct. 22 meeting and that Steinbrenner received a copy of the minutes at that time, and she considered them filed with the town at that time.

Zoghlin asked several questions related to public notification of hearings and filing of notices and Jackett answered each time that it wasn't the board's job to deal with notices and outside communications.

"Our only job is to show up at meetings and make decisions," she said.

Over the repeated objections of Roach (each overruled by Noonan), Zoghlin kept asking about what happened at a ZBA meeting in 1998. 

Jackett was a member of the board in 1998, when the ZBA issued a determination that Frost Ridge was grandfathered in as a campground, even though it was an agriculture/residential area.

The meeting was 16 years ago, Jackett said, and she couldn't remember specifics about the meeting, but Zoghlin persisted.

"If you're going to ask me what I said 16 years ago, I'm going to tell you, I don't recall," Jackett said at one point.

Roach objected to the line of questioning because it's his contention that what happened at the meeting in 1998 isn't material to the plaintiff's motion that the ZBA decision of 2013 suffers from a "jurisdictional defect."

Another ZBA board member is expected to testify Tuesday. Noonan's ruling on the motions will come some time later.

Linda's Diner in the Village of Corfu is moving.

The Genesee County Planning Board approved a proposal submitted by Pembroke resident Linda Richley to convert a single-family residence at 8783 Allegheny Road into a restaurant.

The location is just south of Pembroke High School.

The new Linda's Diner will be build inside a 1,176-square-foot, ranch-style home built in 1959.

Richley said this morning that it was her son and daughter who encouraged her to move.

The location is strategically located near the busy intersection of routes 5 and 77, close to Yancey's Fancy cheese shop and Pembroke HS, Richley said.

Her daughter would like to eventually add ice cream to the menu and her son already operates a BBQ catering business, so the location would give him a place to set up and cook pulled pork and ribs when he isn't at a client's location.

"It's more their idea than mine," Richley said, but she is looking forward to the family owning its own location after renting for all these years.

The plans approved by the planning board call for 25 parking spaces on the lot.

Richley purchased the 1.1-acre parcel from the Town of Pembroke, which acquired it when they bought lland for the town park.

The employees are happy. Local officials are happy. Pete and Andy are happy. Everybody's happy.

Even the costume designers for the hit HBO series Empire Boardwalk are happy (at least we assume so -- they'll still be able to order p.w. minor shoes for the show).

A Batavia institution, along with 70 local jobs were saved by two local businessmen. Today, speaker after speaker praised Pete Zeliff and Andrew Young for stepping forward just a month ago when they heard the 150-year-old shoe company was closing to buy it and keep it going.

Zeliff and Young plan to do more than just keep the doors open. They vow to expand the business and create more jobs in Batavia.

"The struggles of this company are over," Young said. "We're going to make it work, OK. Once again, we'll make this company the epitome of 'Made in America.' "

They've gotten some help from Empire State Development to help make the purchase possible.

Regional Director Vincent Esposito announced ESD is making available $450,000 from the agency's Excelsior Jobs Program. To qualify, Zeliff and Young had to pledge to create jobs and make a significant capital investment in the company.

Young and Zeliff were also planning to apply for $269,000 in tax abatements from the Geness County Economic Development Center, but that application was tabled Monday on the advice of the agency's attorney.

The attorney is researching the matter further, according to Ray Cianfrini, chair of the Legislature as well as a GCEDC board member. But it appears that so long as Zeliff is a member of GCEDC board, p.w. minor can't receive assistance from GCEDC.

Zeliff has a big decision to make -- resign from the board and apply for the tax relief, or stay on the board and move p.w. minor forward without any further tax breaks.

Zeliff said he's made no decision yet and offered little insight into his thought process on the matter. He did note that serving on the GCEDC board is a volunteer position. Directors are not paid.

Former GCEDC Board Chairman Charlie Cook, CEO of Liberty Pumps, resigned from the board when it came time for his company to expand and Liberty applied for assistance from GCEDC.

Today, Cianfrini spoke at the press conference -- really a celebration -- at p.w. minor's facility on Treadeasy Way.

"Today is not only a great day for p.w. minor and all of its employees," Cianfrini said. "It's a great day for all of Genesee County. We need to recognize how fortunate we are to have people like Pete Zeliff and Andy Young, who are dedicated to economic development, here in Genesee County, who are willing to get personally involved in economic development."

City Councilman John Canale recalled touring the p.w. minor factory on State Street when he was a child, and talked about how he grew up with the company being an ever-present part of the community his entire life.

"p.w. minor is an icon," Canale said. "It's a Batavia institution. When I found out that institution would no longer be in business, I felt like I had just read the obituary of someone that I knew and loved in this community. Today makes it a very happy day, in that two guys with a bit of ambition and a whole lot of entrepreneurial spirit decided this institution needs to continue in this community."

After the speeches, attendees were invited on guided tours of the plant to see how shoes are made in Batavia.

A few lucky people even got to see the shoe sent to the costume designers of Boardwalk Empire.

With media around, a couple of employees demurred at being interviewed, and at one point, as a worker was surrounded by photographers, Young asked her, "are you mad at me (for bringing the media over)?" Another employee nearby spoke up, "How could we ever be mad at you? You saved us."

The average p.w. minor employee has been with company 24 years.  

Andrew Young and Pete Zeliff.

The style of shoe sent to the set of Boardwalk Empire.

UPDATE: After the jump, a press release from Gov. Cuomo.

Press release: 

Standing by a window, toasting a French bread pizza, Jeff Heubusch looked out on sunny Ellicott Street and mused, "sure beats working working in a salt mine."

He then states the obvious with a wry smile. "There's no windows in a mine shaft."

Heubusch should know. He spent 12 years working in a salt mine. He only quit when a mining accident nearly took his life.

His year-long recuperation gave him time to reflect and reassess what he wanted to do with his life.

The son of a miner, Heubusch purchased Southside Deli two years before the accident (today is the 25th anniversary of that purchase). He kept his mining job even as he tried to build the deli business. Digging out the salt of the Earth so motorists could drive on de-iced asphalt offered Heubusch a sense of security not available to entrepreneurs. He didn't want to give up that steady paycheck and good benefits while trying to build a business of his own.

While convalescing, Heubusch said to himself, "Am I going to lay on this couch the rest of my life and live on comp or Social Security disability?"

"Once I was able to get around and be productive, that's when I said, really, 'it's all or nothing.' "

That sense of commitment has stuck with Heubusch now for more than two decades. It's the reason Southside Deli not only survived. It thrived.

One hundred customers a day has become 500. Three employees have become 17. Children who once bought pop and candy at the store now bring their families in for subs and salads.

Born in Wyoming County, Heubusch graduated from Warsaw High School in 1977. He was 17 and couldn't get a job, so he went to work in his mother's upholstery business.

When he turned 18, he got his first job in a salt mine.

He was laid off, rehired, laid off and rehired again a couple of times over the next few years. During that time he also worked for U.S. Gypsum and Le Roy Machine.

He bought a house in Batavia, and when he started working in the mine again, his daily commute took him down Ellicott Street.

Every day, he would drive past Southside Deli (Heubusch kept the name from the previous owner; In the 19th Century, it was Ebling Meat Market and the location has always been some sort of market). 

On the second floor of the building is a balcony. As he drove by each day, Heubusch would see a for sale sign hanging from the balcony rail.

That got his mind working.

"I'd see it and I'd think to myself, 'man, I'd love to work for myself.' I kept seeing that and it kept fueling my idea of what I would do if I owned that."

There's a reason working in a salt mine is a metaphor in our culture's lexicon for arduous work. It's hard labor.

In flush times, Heubusch worked 10 to 12-hour days, seven days a week.

"There were days I never saw daylight."

One day, finally, he called a realtor and got the ball rolling.

Escrow closed Aug. 10, 1989. Heubusch opened Southside Deli for the first time under his ownership four days later.

The business needed a lot of work, he said. The century-old building needed an array of repairs. There was kitchen equipment to replace and Heubusch wanted to expand the deli.

"I knew the deli had potential. It was a great concept, but he (the previous owner) wasn't a hands-on guy. I knew if I worked it, I could bring it to life."

There was nothing easy about those early years, said Heubusch, who had no prior food service experience.

Besides keeping his job in the salt mine, Heubusch and his family (his daughter Cassandra was 4 years old at the time) lived in the apartment above the store.

"That's the only way I could do it."

Cassandra rode her skates through the aisles and learned to ring out deli customers by the time she was 6.

Then came the mining accident.

He was at the bottom of a mine shaft and it closed up on him. Heubusch suffered a pair of broke legs, a broken back and nerve damage.

"To me, it was a life-threatening experience. It all could have ended that day."

He required multiple surgeries, a year of at-home convalescence, seven years of physical therapy and 20 years of chiropractors.

To see him work in his store today, you would never guess his body had been through such trauma. 

"This place did help me, both mentally and physically."

So what's the secret to his success?

Heubusch said it's easy: hard work, good food and a singular focus on keeping customers happy.

A customer complaint feels like a failure, Heubusch said.

He takes a lot of pride in how well his deli team works together to take orders quickly, move fast and deliver the right sub or wrap made well and with alacrity. It's timing and attention to detail.

"I like being known as the place with the best subs. The best meats, the best salads. That's our niche. People can go anywhere else and buy pop, groceries or beer, but you can't buy a Southside Deli sub anywhere else. If you've been raised on Southside, nobody can match it."

The best measure of success, Heubusch said, is the customer who comes back.

"It's a good feeling. When you have a customer who's never been in before and they come back and they come back and they come back, it's a good feeling. Then I know I'm doing the right thing."

It sure beats working in a salt mine.

During lunch hour, customers are often lined up four and five deep at the deli counter.

On the wall above the racks of candy are 22 pictures of Little League teams sponsored by Southside Deli. Heubusch said young men come in now and point to pictures of their 8- and 9-year-old selves.

"It sure beats working in a salt mine."

A big part of Southside's lunch business comes from workers calling in their orders for pick up.

Bob Youll's business sucks -- in a good way.

A lifelong Batavia resident, Youll has been running "The Vac Shop," at 329 Ellicott St. in the city, since 1991. He attributes the longevity of his business to perseverance, word of mouth and steady business.

"Off the top of my head, I'd say I get between 30 and 50 regular customers," Youll said. "Though it does fluctuate from year to year due to people moving, changing jobs, etc."

Youll will take care of anything from major motor repairs to changing belts and cleaning out clogging.

From time to time, he will repair other household items -- such as blenders, lamps and heaters -- as well. He also sells used and rebuilt vacuums, as well as the occasional new vacuum.

Formerly employed by a Batavia catalog store (now closed), Youll got his vacuum repair training from The Vac Shop's former owner, Joe DeFazio.

"Joe taught me about basic vacuums," he said. "At that time, most of it was self-taught. You would get a machine, take it apart, and see where everything was. Now the Internet also helps in locating parts and the like."

Basically, Youll approaches his work not only with a view to the customer's immediate need, but also with the average consumer's perspective on vacuuming in mind.

"Vacuuming is usually an afterthought," he said. "People want to get it done, and quickly. (When working on repairs) I try to set the machine up for that use."

He also knows the extra details that are better to take care of right away -- such as putting a new belt on the machine -- so that the equipment will not need to be sent back at a later date.

Store hours are Monday through Friday, 9 a.m. until 5:30 p.m. and Saturday, 9 a.m. until 4 p.m. For more information, call 343-7754.

Photos by Howard Owens.

To say Blackberry Smoke rocked the house Saturday night at Frost Ridge might be misconstrued.

There are no reports of windows rattling in the homes of Frost Ridge neighbors.

In fact, a deputy assigned to monitor the decibel levels at Conlon Road and Oatka Trail Road said the noise level never went much above 60 decibels, well below the threshold of 100 set by Judge Robert C. Noonan when he issued an order a few days ago allowing the concert to take place.

The fact is, at the corner of Conlon and Oatka Trail, through most of Blackberry Smoke's set, the crickets were louder than the music.

Blackberry Smoke is billed as an up-and-coming, soon-to-be-big-stars Southern rock/outlaw country band, and if fame is measured by only a few hundred die-hard, rambunctious fans, Blackberry Smoke has already hit the big time.

They did rock the house and the fans raised the roof.

The band is Charlie Starr (lead vocals, guitar), Richard Turner (bass, vocals), Brit Turner (drums), Paul Jackson (guitar, vocals), and Brandon Still (keyboards).

A five-piece combo can make a lot of noise, and inside the Frost Ridge amphitheater at stage level, the band seemed no less loud than their show in the same venue a year ago.

A sound engineer familiar with the venue predicted before the show that the hill between Frost Ridge and the homes of Cleere and Collins (the two plaintiffs in one of the lawsuits against Frost Ridge) would absorb all of the treble and mid-range of the music, while bass tones would bend some and carry over the hill.

The crickets, he said, would be louder.

That certainly seemed to be the case.

In their lawsuit against Frost Ridge, the Cleeres have claimed that they can't sit outside their home on concert nights, the noise is so loud, and that when they try to go inside and close the windows, the walls shake because of the noise.

The Town of Le Roy is pursuing a parallel suit against Frost Ridge.

Both suits allege that live music at Frost Ridge violates local zoning laws, even though the campgrounds owners, Greg and David Luetticke-Archbell, received a previous ruling from the Zoning Board of Appeals that the use is an allowable, prior nonconforming use (grandfathered in).

While the Town of Le Roy is not suing the ZBA, the town board does not agree with that ruling, or does not find it valid. The Cleeres and Collins suit names the ZBA as a co-defendant. 

Delays in the process have prevented a hearing on whether the ZBA decision was filed with the town clerk prior to April 6. That hearing will be held Aug. 21. If it's determined that ZBA decision was filed prior to April 6, it could invalidate the the lawsuits against Frost Ridge on statute of limitations grounds.

Because of the delay of the hearing and the financial toll to Frost Ridge with five previous shows cancelled by court order, Noonan lifted the restraining order for the Blackberry Smoke concert, but barred alcohol sales.

The next scheduled show is at The Ridge NY is Phil Vassar and the Morgan Twins, Aug. 23.

The slide show below also includes photos of Chris Weaver Band, one of Saturday's opening acts.

AUDIO: A recording taken during the concert last night at the corner of Conlon and Oatka Trail (mp3).

A seat front-and-center for the Blackberry Smoke set was auctioned off and $375 was raised for the Le Roy Fire Department. 

The decibel reader employed by a deputy to monitor noise levels at Conlon and Oatka Trail roads.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider three projects at its August 12, 2014, board meeting.

Muller Quaker Dairy is planning to improve its data infrastructure with a new enterprise backup and test environment solution, a project which would retain 143 jobs. The benefitted amount of project the GCEDC board can assist with is $185,000 and the total project incentive request is $14,800 for sales tax exemptions only. The board will consider a final resolution for the project.

Batavia Shoes LLC is planning to purchase the assets, manufacturing facility and client lists of PW Minor, a manufacturer and distributor of leather footwear and orthopedic products located in the City of Batavia. The board will accept the application for the project and consider an initial resolution.

Calamar is planning to build a 117,000-square-foot, three-story building that will house 110 senior apartment units, a lobby and common rooms in the Town of Batavia. The company is investing $11 million which will create up to 200 temporary construction jobs. The board will consider an initial resolution that will set a public hearing for the project.

The GCEDC Board meeting will take place at noon and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College.

We all expected P.W. Minor, one of Genesee County's oldest businesses, to close July 31.

That didn't happen.

Now it looks like the nearly 150-year-old shoemaker will be around for awhile longer yet.

Pete Zeliff and Andrew Young have purchased the assets of P.W. Minor and Sons and hope to soon to acquire rights to the P.W. Minor name so the company can continue selling shoes under that brand.

The new company will operate as Batavia Shoes, LLC, in the interim. 

There will be an official announcement of the deal Thursday, according to an invitation sent to local officials this morning by Genesee County Economic Development Center.

Zeliff is a local businessman known for his love of aviation. He is senior executive vice president and COO of EIF Renewable Energy Holdings, LLC, in Oakfield. He also branched into residential home development this year, building a housing community off Route 5 and Seven Springs Road in Batavia (the first house is nearly finished). Zeliff is a recent appointee to the GCEDC board.

Young is a local real estate broker and investor and was elected last year to the Genesee County Legislature. He is a member of the Genesee Gateway Local Development Corp., a nonprofit agency of GCEDC.

The details of the purchase have not been released yet, but Zeliff and Young confirmed the purchase is taking place. They said they couldn't say more at this time.

"We're going to run this company going forward and we're going to grow it and expand it," Zeliff said. "Our goal is to bring manufacturing back to Batavia and expand it."

A week of intense study and fun came to an end today for students of the Aviation Adventure Camp.

The annual week-long camp exposes students going into ninth through 11th grade to potential career options in aviation and is held at the Genesee County Airport.

It's sponsored by the Business Education Alliance of Genesee County.

Today's class ended with a short graduation ceremony after participants competed in a final model helicopter flying contest.

This is the fourth year for the camp.

Press release:

Marshalls, one of the nation’s largest off-price retailers with more than 900 stores currently operating in 43 states and Puerto Rico, will open a new store in Batavia on August 21, 2014. Marshalls shoppers in Batavia will find top-quality, on-trend fashions and the most sought-after designer brand names at unbelievable prices in ladies fashion, shoes, accessories, men’s apparel, home, juniors, kids apparel and accessories, luggage, beauty and more!

“The new Batavia store will be stocked with a new, fresh assortment of the designer and brand-name merchandise that shoppers love, every single week,” said Richard Sherr, president of Marshalls. “Our buyers are fashion experts with a keen sense of style and are passionate about finding the most coveted merchandise for our shoppers for so much less!”

GRAND OPENING

Join us on August 21st from 8 a.m. until 10 p.m. to be part of the grand opening excitement and find the amazing deals for the whole family. Enjoy the festivities including giveaways, gift card prizes, and more. 

STORE FACTS & FEATURES

·      Location: Towne Center at Batavia

·      24,479 square feet

·      Regular store hours:

o   9:30 a.m. to 9:30 p.m. Monday-Saturday

o   11 a.m. to 8 p.m. on Sundays

·      Designer fashion at unbelievable prices

·      THE CUBE: A hip, in-store boutique of contemporary fashions

·      Shoe Mega Shop: Featuring designer and brand-name shoes for the whole family

·      Bright and fresh in-store experience every time you shop

·      Single queue checkout for faster shopping

With over 10,000 new items arriving to the Batavia store every week, it’s like entering a whole new store with every visit. Unlike department store buyers who shop seasonally, our buyers are in the market weekly looking for merchandise opportunities. They work with more than 16,000 brands and designers annually in over 60 countries to offer a mix of top-quality, fashionable pieces from the most sought-after designer brands as well as unexpected treasures from around the world.

ECONOMIC IMPACT

In addition to providing a new shopping option for local residents, the new store will add approximately 60 full- and part-time jobs to the area.

COMMUNITY PARTNERSHIPS

In celebration of its new Batavia location, Marshalls will contribute to the local community by presenting a $5,000 donation to Catholic Charities at the ribbon-cutting ceremony on August 21st 7:30 a.m. Marshalls also has national and local partnerships with charitable organizations around the country including JDRF and St. Jude Children’s Research Hospital.

Press release:

Koolatron Corporation is increasing its footprint in Batavia with a major expansion this fall. The consumer goods manufacturer is nearly doubling its warehouse and shipping capacity in Genesee County with a planned expansion of its facilities from 25,000 square feet to 45,000 square feet.

Koolatron is a leading manufacturer and distributor of 12 volt coolers and accessories, wine cellars, Pants Saver brand car mats, Michelin auto care products, Coca-Cola personal fridges, Biteshield mosquito and pest repellant lines, along with rain barrels and garden décor products.

The decision to expand in Batavia, NY, is fueled by major growth in the company’s e-commerce business. In addition to its growing list of traditional retail customers, major e-retailers such as Amazon, Overstock, Costco, Home Depot, Walmart, and Sam's Club all carry Koolatron products, along with dozens of other online sites.

“Our business keeps growing and we can barely keep up with the warehouse space we have right now,” says Koolatron President Arun Kulkarni. He adds that keeping pace with the boom in online shopping is priority for the company.

“We have seen a 30 percent compounded growth in our e-commerce business in the past five years and for us Batavia, New York is the perfect gateway in which to build up our U.S. shipping hub,” Kulkarni said.

The expansion of Koolatron’s property on 4330 Commerce Drive is under way with construction set to be completed by December 2014. Koolatron will also be looking to boost staffing as it fully rolls out its warehouse expansion plan by the end of this year. Hundreds of parcels of Koolatron products are shipped daily from the warehouse to homes across the United States. The expansion will help ensure rapid delivery and prompt service for Koolatron’s growing U.S. customer base.

Previously: GCEDC board approves Koolatron and Premiere Credit projects

Daphne's Restaurant & Lounge, at 341 S. Swan St., Batavia, has closed.

The restaurant opened in September 2010 at the former location of St. Nick's Social Club.

Reed Eye Associates held an open house and their official ribbon cutting today at their new location in Batavia on Washington Avenue (the former school administration building).

From left, Dr. Ronald Reed, Chamber President Tom Turnbull, Assemblyman Steve Hawley and Dr. Alan Bloom.

Previously: New home of Reed Eye built with historic preservation and customer care in mind

Frost Ridge Campground is on the brink of insolvency, the attorney for Greg and David Luetticke-Archbell told Judge Robert C. Noonan during a court hearing today.

He's seeking at least temporary relief from the ban on live shows at the campground in Le Roy.

Today's hearing was held so attorney Mindy Zoghlin, representing the people suing Frost Ridge over live music shows at the campground, could make a motion to re-argue one of the issues under consideration by Noonan.

Attorney David Roach, representing Frost Ridge, would have liked today's appearance to have been a hearing on his motion to dismiss the lawsuits against his clients.

Roach was hoping there would be testimony today on when the Zoning Board of Appeals filed minutes from its September 2013 meeting where it determined Frost Ridge was in compliance with Town of Le Roy zoning law.

Roach tried to make the case during the hearing that Noonan needs to revisit sooner rather than later his temporary order barring live music and alcohol service at Frost Ridge.

Noonan wanted the attorneys to focus on coming up with a time for a hearing on the ZBA filing.

After attorneys met privately and then met with Noonan in his chambers, it was determined that the hearing will be at 9 a.m., Aug. 21.

In the meantime, Noonan agreed to let Roach draft an order that would temporarily lift the temporary restraining order and allow Frost Ridge to hold a live music concert Aug. 9.

That's the date Blackberry Smoke, one of the more popular acts to perform at Frost Ridge each year, is scheduled to return.

In open court, Zoghlin tried to suggest to Noonan that allowing any shows prior to resolution of the ZBA filing status isn't necessary because Noonan has already ordered that if Frost Ridge prevails in the lawsuit, they are entitled to nearly a quarter of a million dollars in restitution.

Of course, even a quarter of a million dollars somewhere down the road won't necessarily help a shuttered business reopen, which is why Roach is pushing for some mechanism to allow the bands to play on.

"The reality they are not facing is where the preliminary injunction effectuates the relief the town is seeking and (in previous cases) courts are loathe to allow preliminary injunctions to provide ultimate relief," Roach said during the hearing.

The big hold up in the case is getting either the ZBA's clerk or the town's code enforcement officer, or both, to testify as to a general time frame of when minutes from the ZBA's meeting in September 2013 were filed.

The town clerk has provided an affidavit attesting to the fact that the minutes were filed, she just couldn't remember when.

If the filing date is proven to be any time before April 8 (even if the exact date is not established), then Roach's motion to dismiss the lawsuits filed by the Town of Le Roy and the Cleere and Collins families could potentially be granted by Noonan.

Under New York law, people who wish to challenge a board's decision have 30 days to file such a challenge. The clock starts ticking when a written, public document memorializing the decision is filed with the jurisdiction's clerk.

Noonan ordered more than two weeks ago that a hearing on the ZBA minutes should be held immediately.

The hearing still hasn't taken place, in part because Noonan's court has been busy, which Noonan admitted, but Noonan also laid much of the blame on the shoulders of the attorneys for not agreeing on a time.

Roach expressed a great deal of confidence that either the town clerk, the ZBA clerk or the code enforcement officer for the Town of Le Roy, should be able to testify that the minutes were filed well before April 8, and probably in 2013.

The threat of losing that motion is apparently what prompted Zoghlin's motion today to invalidate the ZBA's determination favoring Frost Ridge all together.

Zoghlin's motion is for a "jurisdictional defect." In essence, she's arguing that because there is no formal document memorializing the ZBA's decision, and no formal process that Frost Ridge followed requesting a ZBA ruling, the ZBA had no authority to make its determination.

Roach said there's no written law and no case law that support's Zoghlin's position, also for a motion to re-argue a point from a previous hearing to be successful, the point must have been argued in the first place. Roach said that since Zoghlin (and she disagrees with Roach on this) didn't raise the "jurisdictional defect" argument the first time around, she doesn't get to re-argue it now.

"If the court did not have that jurisdictional defect argument advanced before it in response to my motion to dismiss, there's nothing for the court to have overlooked or misapprehended," Roach said. "The court of appeals has ruled that you cannot bring a new argument to a motion to re-argue."

If Noonan grants the order being drafted by Roach to allow live music at Frost Ridge between now and the hearing on the motion to dismiss the lawsuits, Roach said there will be reasonable restrictions attached. For example, there would be a limit on the decibel levels of the show.

"Frost Ridge, and I want to make this perfectly clear, Frost Ridge did not and does not presently have any intent of causing an unreasonable noise disturbance to its neighbors," Roach said.

The Raceway Mini-Mart at 629 E. Main St., Batavia, has closed.

A customer contacted us last week about the impending closure and said the store shelves were nearly bare as the owners wound down their operation of the location. She said the owners told her annual rent increases were making it harder to keep the business going. 

She said she was sad to see them close.

"They are the nicest store owners I have encountered," she said. "Every time I’ve gone in there I have just felt that they were so appreciative of my business, and their friendly nature is just so welcoming."

The property is owned by Kevin Brady, president of Townsend Energy in Le Roy.

Brady wasn't available for comment, but a Townsend employee said the building has been leased to another operator and will reopen, but no name or opening date is available at this time.

Photo and some reporting by Alecia Kaus / Video News Service.

Press release:

After 26 years as president and CEO of Tompkins Bank of Castile, James W. Fulmer is retiring from those roles at the end of this year, but will remain as chairman of the bank’s Board of Directors, said Stephen S. Romaine, president and CEO of Tompkins Financial Corporation, the bank’s parent company.

“Jim has been instrumental in Tompkins Bank of Castile’s growth and success for the last quarter century, growing the bank from five locations with assets of $85 million in two counties, to an influential financial services organization with 17 offices in five counties and $1.2 billion in assets,” Romaine said. 

In addition to remaining as chairman of Tompkins Bank of Castile’s Board of Directors, Fulmer will retain several other corporate roles, including vice chairman of the Tompkins Financial Board of Directors, chairman of the board of Tompkins Insurance Agencies, and member of the boards of Tompkins Financial Advisors, Tompkins Mahopac Bank and Tompkins VIST Bank, all affiliates of Tompkins Financial Corp. 

“My position with Tompkins Bank of Castile has been extremely fulfilling because of the team of employees who are dedicated to providing top quality financial services and serving our Western New York communities,” Fulmer said. “Any success we have accomplished is the result of their combined efforts and the expertise of so many talented coworkers.

“My continued involvement at a strategic level will allow me to assist further growth of our affiliates, but also to enjoy some of the benefits of retirement,” he added. 

Fulmer is active in a variety of professional organizations, including the board of directors of the Federal Home Loan Bank of New York and was recently appointed to the Federal Reserve Bank of New York Community Depository Advisory Council. He actively serves as a member of the board of directors of Erie and Niagara Insurance Association of Williamsville, Cherry Valley Insurance Agencies of Williamsville, the United Memorial Medical Center of Batavia, and is vice chairman of WXXI Public Broadcasting Council of Rochester. 

He and his wife, Marjorie, live in Le Roy. They have three grown children. 

John McKenna Named New President & CEO

The company Board of Directors has named John M. McKenna president and CEO to succeed Fulmer. McKenna has been a senior vice president at Tompkins Bank of Castile for five years, concentrating in commercial lending.

“John has the depth of knowledge of banking, our company’s culture and the Western New York community to continue the bank’s success,” Fulmer said. 

McKenna brought more than 20 years of banking experience to Tompkins Bank of Castile when he joined the organization in 2009. 

A Rochester native, McKenna earned a bachelor’s degree in economics from the University of Rochester in 1988 and his M.B.A. in finance and marketing from the William E. Simon School of Business Administration in 1992. 

He resides in Brighton with his wife, Martha, and their four children. Active in the community, he is a board member of the Bishop's Stewardship Council for the Diocese of Rochester, Medical Motor Service of Rochester and Monroe Community Hospital Foundation, and treasurer of Al Sigl Community of Agencies.

Tompkins Bank of Castile is headquartered in Batavia, where McKenna will have his office.

In the past, when Dr. Ronald Reed has expanded his practice, he's erected gleaming new buildings from the ground up.

But not in Batavia.

Reed Eye Associates has opened its sixth location and Reed selected a location with character and ambiance and a bit of history.

The brick building at 39 Washington Ave., across from Austin Park, was most recently the City Schools administration building, but when originally built in 1903 by Edward Dellinger, it was an elementary school.

Batavia's most prominent architectural firm of the time, Henry Homelius and Son, designed the building.

In remodeling the interior, Reed has kept to an art deco theme with a touch of modernism in keeping with the character of the building.

"I saw the building listed online and went to the site and looked at the building and liked it," Reed said. "I called Tony Mancuso, who had the listing, and he gave me a tour. I thought, 'this building needs a lot of work, but it has some great bones.' "

Refurbishing the building also uncovered a little history. One brickmason left behind a note found in the stairwell that said the best men laid the bricks. Another worker in 1939 put a note in a bottle, which was found in a wall, that said "if you're reading this note, it means by now we're all in hell."  

Then there was letter on YMCA letterhead and postmarked 1913, address to a young Myron Fincher. The apparently mimeographed letter speaks of a young man worthy of attention who exchanged a correspondence with Frank Crane, a Presbyterian minister and newspaper columnist. The letter references the enclosed newspaper column, but the column was not in the envelop.

Fincher was born in 1898 in Corfu and worked on the family farm. His fondness for animals brought him to Cornell University. He became an internationally prominent veterinarian. Early in his career he received the Borden Award from the American Veterinary Medical Association. By the 1960s, he was working overseas in places such as Peru, Uruguay, Brazil, Greece, Nigeria and Italy.

Reed said it was thrilling for these little bits of history to be found in his old building.

Reed's company purchased the property from the school district in 2012 for $500,000 and its 13,452-square-foot building. The renovations cost more than $1.5 million and helped put the property back on the tax roles. Reed Eye received $140,861 in tax incentives through Genesee County Economic Development Center for the project.

The expansion of the practice, which was founded in Bushnell's Basin (Pittsford) in 1978 has come, Reed said, as the practice attracted more and more patients. Each time an office would grow beyond its capacity, rather than expand that location, Reed looked at his patient list and figured out where he had a concentration of patients who were driving some distance to get to his office.

First, Reed Eye expanded to Greece, then Irondequoit, then Newark followed by Sodus.

Expansion has been driven, Reed said, by his belief that doctors should focus on their patients.

No long ago, he said he was asked to speak to a group about the secret of his success. He declined, he said, because "there is no secret."

"My word of advise is 'take good care of your patients and your patients will take care of you,' " Reed said. "If that's the focus of your practice, the patients will build your practice. If you don't, you won't have a practice."

With more and more patients from Genesee County, particularly because of a partnership with Dr. Bill Lapple in Le Roy, Batavia seemed to be the natural choice for a sixth office complex.

Reed said there were simply no suitable sites for the office, which was one reason he considered the old school administration building.

The fact that it's large, with plenty of parking (and room for more), centrally located in the city and across the street from a park, where all advantages.

"The park helps give it a nice bucolic feel," Reed said.

In the redesign, as much of the old building was preserved as possible -- the arches, the worn stairway trampled by thousands of students over the years, and the old woodwork. There's even an old desk from the library that is being restored and will be a centerpiece of the entry hallway.

"I've had an interest for some time in historic preservation," Reed said. "We have a 100 year old house in East Rochester that we've been restoring. This seemed like the right thing to do."

The focus on historic preservation shouldn't imply that the practice isn't state of the art. Reed's optometrists, opthamologists and opticians (and even a facial plastic surgeon) have all new equipment to work with.

Read also believes in supporting the communities he does business in. He hires locally as much as possible, he said. Four key employees already with the Batavia office are longtime Batavia or Le Roy residents.

"When a patient walks in the door, they should recognize the people who work there as members of their community," Reed said. "I want to support the town because if the town supports me, it has to be mutual. We want to keep the dollars local."

There will be a ribbon-cutting and open house for Reed Eye Associations at 2 p.m., Friday.

Optomistrist Kimberly Rosati with patient Tanner Richardson, who was in the clinic Wednesday learning how to put in his new contact lenses (picture below).

Dick McClurg says "they don't call me the dreamer for nothing."

"The Dreamer." That's what's stenciled on his 1932 Ford hot rod roadster. His dream car.

"I wanted one all my life. I waited 50 years for that one."

McClurg has about a dozen classic cars scattered around his shop location, Old World Collision on West Main Street Road, Batavia, that many of us would consider dream cars -- a Mustang, Corvette, BelAir, Thunderbird, Charger,  '41 Mercury, Cadillac El Dorado, and old coupes buried under a a couple of dozen rusted bicycles.

Many in some state of restoration; some in permanent disrepair and destined for Ed Arnold's.

"Rust is my life," he said.

Now that McClurg is retired, he has more time to work on his own projects (he emphasized, he's not looking for new business), hence the completion of the roadster.

He's just about finished the restoration on his shop car, a 1949 Chevy panel truck. It hasn't been on the road for 31 of the 36 years he's owned it.

What was wrong with it?

"Everything," he answered. "Body off the frame, every nut and bolt. It's probably one of the most rotten pieces I've never tackled."

The old delivery wagon sat out front of his shop for awhile this morning, gleaming in the July sun.

"I've probably had plenty of opportunities to sell it, but if the day ever came where I could handle getting it on the road, then I'd have to go buy another one, so I'm glad I didn't."

My stop in McClurg's shop this morning -- a stop I've intended for a long time -- was prompted by a 1957 Caddy. 

At the accident near Wortyndyke today, I was reminded of a classic Caddy I'd seen -- and a firefighter had seen -- parked over on Pearl Street, at LaWall's Collision.

The shop owner there told me, yeah, it had been parked out front, a real traffic stopper while it was there, but after some rear end repairs, it had gone back to Old World.

McClurg said the baby blue Caddy is a project for one of his few remaining customers.

Another dream car about to become reality.