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Batavia native opens pop culture collectibles store on Ellicott Street

By Howard B. Owens

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Bill Hume is living his dream.

What started with a Star Wars and KISS memorability collection when he was a child, has blossomed into his own retail store on Ellicott Street.

The 39-year-old entrepreneur started selling pop culture collectibles on Ebay in 1998, eventually had a 20x20 stall at Antique World in Clarence and now has 1,000-square-foot store at 440 Ellicott St.

foxprowl02.jpg"It's been progressively building and culminated in a store back in my home town," said Hume. "This was the ultimate dream, though I didn't know it would ever be feasible."

Hume benefited from a flexible landlord and the ability to buy all of his store fixtures cheaply.

The store, named Foxprowl, opened just over a week ago.

He said customers from Buffalo, who bought collectibles from him in Clarance, have already started showing up at his new location to browse his expanded inventory.

foxprowl04.jpgThe story contains a wide variety of pop culture items, from figurines for Star Wars, KISS (of course), Star Trek, Spider Man, Superman and Austin Powers to toys and games tied to many of the most popular movies and TV shows of the past 30 years.

"I guess I was born at the right time," Hume said. "I just got sucked up into the whole pop culture thing in the late '70s"

He acknowledges that his kind of specialty retail store can find it hard to survive. But he's hoping with his ability to keep his expenses low, expansive resources for obtaining new inventory, and a loyal following from his previous years in business, he can make a go of it at his new location.

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Chapin Manufacturing serious about health and safety

By Billie Owens

Chapin Manufacturing in Batavia recently teamed up with Mercy Flight WNY and Oatka for simulated emergency response exercises. Chapin is a world leader in compressed air sprayers.

The companies conducted the drills to help them prepare for emergencies. They were conducted at the 700,000-square-foot Chapin facility on Ellicott Street. One involved a heart-attack victim and the other simulated an industrial accident.

Mercy Flight of WNY used one of its helicopters and its first responders. The operations provided an opportunity for one group to participate and another group to observe, so Chapin and Oatka employees could walk away with better knowledge and be more prepared for actual emergency.

"It is our responsibility as a business to make sure that we are prepared for all kinds of emergencies and this event helps to incorporate those around us,” said Chapin CEO Jim Campbell.

Mercy Flight used this opportunity as a training exercise for employees. Coordinating these maneuvers is an example of how serious Chapin takes its health and safety program.

Chapin is currently in the process of earning their Occupational Safety and Health Achievement Recognition Program (SHARP) certificate of recognition for establishing and implementing an exemplary safety and health management system.

To qualify for the SHARP status, a company must: undergo complete and comprehensive safety and health audits; correct all hazards identified by the consultant; implement and maintain an exemplary safety and health management system; lower its lost workday, injury and illness rate, and have a recordable case rate below the national average.

State seizes Margarita's over alleged tax issue

By Howard B. Owens

Margarita's Mexican Restaurant was shut down by the New York Department of Taxation and Finance just before noon today. The only information from officials on scene was that it was a "tax issue."

Tax Compliance Agent Elizabeth Schmidt, hanging the "seized" sign above, provided The Batavian with a phone number for the department's press office. We're expecting a call back. While Schmidt posted the sign, a locksmith was busy changing the locks. The business won't reopen until all back taxes are paid.

UPDATE: Susan Burns, spokeswoman for the taxation department called: Best Margarita's Grill, Inc. owes taxes on four warrants, with the oldest being back sales taxes from the second quarter of 2009. The four warrants total $32,914.

"We're in the process of working with the taxpayer and the indication is we will work something out fairly quickly," Burns said. "They should be re-opening soon."

The four warrants: Aug. 5 -- $16,166 for sales tax; Aug. 5 -- $1,373, for corporate tax; July 1 -- $64 for corporate tax; and April 2 -- $15,311 for sales tax.

"We always try to work with the taxpayer and negotiate a settlement," Burns said. "It's best that the business stay open for the community and that's what we work to see happen."

UPDATE: WBTA also learned that Margarita's reportedly had additional tax warrants dating back to 2007 that were paid. The total of the paid-up back taxes is $14,246.

Larry's Steakhouse

By Peter O'Brien

Last night the wife and I chose Larry's  as our destination to celebrate our one month-iversery.   We arrived at about 5:30.  We were greeted right away and led to table.  Service was terrific all night.

We both ordered the everyday special; a fourteen ounce New York strip steak with choice of side, soup, and a salad for $17.99. She chose the twice baked potato and I selected the regular baked potato.  I chose chili and she chose the cheddar broccoli soup.  For our salads I got the grape seed vinegarette and Chelsea chose ranch.

The soups came first.  The three bean chili came in a ceramic crock and was covered in shredded cheddar.  It was very hearty and delicious.  My only complaint was that it was not very spicy.   Chelsea's cheddar broccoli was a bit of a let down.  It didn't have quite enough flavor for me and Chelsea said it was lacking something.

The salads soon arrived after that and were terrific.  They were very fresh with several different types of lettuce.  Larry's is the only place I know of to get a grape flavored vinegarette.  It was tremendous.  Chelsea's ranch was also good, though to me ranch is kinda plain.

Next the steaks came.  I also ordered mushrooms for mine.  They arrived hot and juicy.  They cooked exactly to the temperature we ordered.  The top of my steak was covered in quartered mushroom caps as well.  The steaks were as tasty as you would expect from Steakhouse.

We really enjoyed our experience at Larry's and we are looking forward to going again.

Family friends, TopLine Shirt Co., plan memorial items for OA crash victims

By Scott Grefrath

The young deaths in Oakfield will not be forgotten thanks to Shanda Mabon and the Jarvella family that has worked to team up with TopLine Shirt Company to bring memorial merchandise to friends family and the Genesee County community.

Shanda Mabon, whose sister Amanda Mabon was killed in a car accident about three years ago, organized the ordering of wristbands for Josh Durham, Matt Ware and Allyson Galens. The purple wristbands will say "Live, Laugh, Love" and will have hearts as well as each of the three names.

The Jarvella family, friends of Justin Dickes, contacted TopLine to have shirts made up for his family.

"The proceeds will go to his father to help him cover his (funeral) costs," says Angela Jarvella. The shirts will have his initials "JD" and a cross on the front as well as his name and a guitar, which was one of his passions, on the back.

"It's something we really wanted to help with," says Tim Walton, owner of TopLine. "This has been a tragedy for the families and community and we are glad we could help in whatever way we can at this time"

Mabon has already sold over 200 wristbands and is waiting for another order to come in within the next two weeks. The shirts can be pre-ordered this week by contacting a member of the Jarvella family or TopLine at 585-219-4311. Both the bands and shirts will be available for purchase inside TopLine Shirt Company at 214 E. Main St. in Batavia.

The bands are available for $2 and the shirts are available for $10. Proceeds from the sales benefit the families of the crash victims.

Mabon also has other ideas she is planning to benefit the families. If anyone is interested in helping her with any events you can contact her at shandamabon@hotmail.com.

Senator Gillibrand to hold 'listening sessions' statewide to hear from farmers

By Billie Owens

Here's a news release sent today from Sen. Kirsten Gillibrand.

As Congress begins debate over the next Farm Bill, Senator Kirsten Gillibrand today announced that she will hold listening sessions around the state over the next several months to discuss new efforts to help New York farmers and farming communities.

(Times, dates and places have not yet been announced.)

As the first New Yorker to serve on the Senate Agriculture Committee in nearly 40 years, Gillibrand plans to focus on key areas of the Farm Bill that will have major influence on New York.

These area include access to financing, new market opportunities, assistance for specialty crops, and investments in renewable energy. From dairy farms, black dirt farms, and apple orchards to vineyards, artisanal cheeses, and other specialty crops, New York farmers and communities will have a lot to gain in the next Farm Bill.

“New York is home to the hardest working farm families and the finest locally grown produce in the world, but outdated regulations and a bad economy are hurting our farmers and farming communities across the state,” Senator Gillibrand said.

“We need to make sure the next Farm Bill is a good deal for New York. I plan to take the next several months to listen to farmers and businesses in every corner of the state and discuss my ideas on how to help farmers survive and prosper in the new economy.”

She will begin the listening sessions this month in Western New York, the Finger Lakes region and the Hudson Valley.

More than 35,000 farms stretch across 7.1 million acres statewide -- one-fourth of the state -- generating nearly $4.5 billion for New York’s economy.

Here are some notable statistics:

  • Western New York is home to nearly 6,500 farms stretching across over 1 million acres and generating over $710 million for the economy.
  • The Rochester/Finger Lakes Region is home to more than 6,000 farms stretching across nearly 1.5 million acres and generating over $1 billion for the economy.
  • Central New York is home to more than 6,000 farms stretching across over 1 million acres and generating nearly $736 million for the economy.
  • The Southern Tier is home to more than 5,000 farms stretching across over 1 million acres and generating over $372 million for the economy.
  • The Capital Region is home to nearly 5,000 farms stretching across nearly 850,000 acres and generating over $430 million for the economy.
  • The North Country is home to more than 4,000 farms stretching across over 1 million acres and generating more than $1 million for the economy.
  • The Hudson Valley is home to more than 2,000 farms stretching nearly 135,000 acres and generating over $120 million for the economy.
  • Long Island is home to over 640 farms stretching across over 35,000 acres and generating nearly $260 million for the economy.

Issues to be Addressed in Listening Sessions

Providing Access to Capital

Like all small businesses, family farms are struggling to secure access to the financing they need to grow or, in many cases, survive in this difficult economy. Gillibrand plans to strengthen the Business and Industry Guaranteed Loan Program to help New York farmers develop value-added products.

She also plans to bolster the Farm Services Agency (FSA) loan program to give farmers the resources they need to purchase land, livestock, equipment, feed, seed and other supplies. The senator recently helped secure an additional $39 million for FSA operating loans to help give New York farms the capital they need.

Additionally, Gillibrand will fight to exempt New York State from the USDA’s 10,000 population criteria – the maximum population to qualify for USDA water and wastewater funding. Many parts of New York would be ineligible for funding under the new USDA guidelines since many New York towns include villages and other municipalities, putting a town’s population over the 10,000 threshold.

Red Hook, Arcardia, Kirkland, Utica, Cortlandville, Herkimer, Waddington, Massena, Alden, Sullivan, Wawarsing, Kingsbury, Plattsburgh, Lansing, Lysander, Fallsburg, Lowville, LeRay and Moreau are already threatened from being denied access to these resources.

Addressing the Dairy Crisis

Due to outdated dairy-pricing regulations, dairy farmers pay more to produce their products than they make from selling them. Senator Gillibrand has introduced legislation that would double the amount of money farmers get from the MILC program, retroactive to the low point of the crisis in March of 2009.

While raising the MILC payment rate to 90 percent will not completely make up the gap between cost of production and market rates, it will certainly help prevent more New York farms from going under.

Senator Gillibrand also introduced legislation to index the MILC rate to inflation. The MILC program payments were originally designed to help dairy farmers in their time of need, but funding levels have remained stagnant.

In the next Farm Bill, Senator Gillibrand intends to work with New York farmers to make these improvements and overhaul the milk-pricing system and secure a fair price for producers.

Additionally, she will work to make the opaque pricing system of the dairy market more transparent. Senator Gillibrand is cosponsoring the Mandatory Price Reporting Act to reauthorize the electronic price reporting of dairy prices -- helping to increase transparency -- and change price reporting from weekly to monthly.

Senator Gillibrand has also introduced legislation to make Cold Storage Inventory Reporting to the National Agriculture Statistics Service mandatory, and give the USDA the authority to audit the survey. Experts agree that reducing the influence of the thinly traded Chicago Mercantile Exchange is the best way to increase market transparency.

Expanding New Markets

Senator Gillibrand intends to expand the Market Access Program (MAP) to enable our farmers to sell more New York products worldwide. The MAP program provides funding for the creation, expansion and maintenance of foreign markets for U.S. agricultural products.

Gillibrand is also planning to introduce an infrastructure provision in the Business and Industry Guaranteed Loan Program to help farmers reach new markets.

Additionally, she will work to secure more federal funding to promote the USDA’s Fresh Fruit and Vegetable program to give New York farms more opportunities to supply schools with fresh, locally grown products.

Targeted Assistance to Specialty Crop Farmers

Specialty crop farmers stand to gain tremendous benefit from the conservation programs in the Farm Bill. Senator Gillibrand intends to bolster: the Farm and Ranch Lands Protection Program (FRPP); the Conservation Stewardship Program (CSP); and the Environmental Quality Incentives Program (EQIP).

Gillibrand will also introduce a new program -- called the Conservation on Muck Soils (COMS) -- to provide additional assistance to New York’s specialty crop farmers.

Investing in New Sources of Clean, Renewable, New York Energy

New York’s agriculture industry is rich with opportunity to help lead America to a clean energy economy that can create good-paying jobs and rebuild our economy, strengthen our national security and cut pollution.

Senator Gillibrand plans to work for more investments in the Rural Energy for America Program (REAP) that provides loans and grants for farmers and small rural businesses that build renewable energy systems, such as anaerobic digesters.

She also intends to push for greater investments in the Rural Energy Self Sufficiency Initiative, which assists with installation of integrated renewable energy systems in rural communities that make use of wind, solar, hydropower, geothermal and biomass sources.

Additionally, Senator Gillibrand plans to work to secure more investments in the Biomass Research and Development Program and the Biomass Crop Assistant Program to harness more of our state’s potential to convert biomass and agricultural waste into renewable energy.

New diner planned for location on Ellicott Street Road

By Howard B. Owens

Alice Buckel places lettering on a sign on the property of the former Beehive Diner, 4974 Ellicott Street Road, Batavia, to let the world know it will soon be the Fedora Diner.

The Beehive closed years ago and the building near the corner of Ellicott and Shepard was most recently a location for the St. Nick's Club Ladies Auxiliary.

Buckel has crews inside painting, cleaning and installing restaurant equipment. The outside is also being repainted. She expects it will be six to eight weeks before the Fedora Diner opens.

The name was suggested by her son, who will play piano in the diner once a week. The interior theme will suggest the 1940s era.

"I wanted to do something on my own," Buckel said.

She has previously run her own cake-decorating business from her home.

The diner will be open for breakfast and lunch, closing at 2 p.m.

Among the specialities planned, Buckel said, are mini-donuts and special pancakes.

Saturday was last day of business for Sallome's Italian Deli

By Howard B. Owens

Sallome's Italian Deil announced today that it is closing -- for good.

Saturday was its last day of business.

Owners Stephen and Penny Sallome said efforts to sell the deli over the past year were unsuccessful and the amount of work to run a food-service business was taking over their entire lives.

Sallome's will reimburse any gift certificates purchased prior to the closing.

A full statement following the jump:

Saturday, July 31st, 2010 Sallome’s Italian Deli has closed its doors permanently. We know that we are leaving many of our loyal customers extremely disappointed. However, this decision is what we feel is best for us and our family and we are truly sorry. It has been a very, very tough decision and we can only hope that most people will understand.

We began the process of purchasing the old “Betty’s Bridal Shop” in late 2007 after our youngest son graduated from high school and decided that it was the perfect time for us to fulfill my husband’s lifelong dream of having his own restaurant.

We fulfilled that dream when we opened in September 2008. When we reopened in August 2009 it was because it was advised to us that it would be easier to sell if it was open, so that’s what we did. Hoping that we would be able to sell it, or fall in love with it and not want to give it up. It’s been on the market for almost a year with only a few lookers.

The deli has brought us whole new respect for the “Mom and Pop” food-service establishments and the people who have chosen to do this their whole lives. It is extremely hard work, more than most people realize. With everything else that we have going on we just physically can’t keep up this pace. It is just too much.

We don’t wish to work our lives away. It has been a great journey and we have been fortunate enough to meet and employ some really great people. The business has grown tremendously and walking away is very difficult, however, we know that for us, it is the best thing to do.

We would like to make sure that for those who have gift certificates, including those purchased through The Batavian, that they get a refund. Simply mail the gift certificate along with name, address and phone number to the deli at 40 Oak St., Batavia, and we will send their refund directly to them.

If there is anyone who may be interested in either leasing or buying the deli property, we would love to talk to them. It’s a growing business, in a great location, with some really terrific food with a great deal of potential for the right person. Anyone interested in a fantastic business opportunity can reach Steve @ 585-356-3608.

The Harvester is once again The Harvester

By Howard B. Owens

Ken Merrick has restored a classic name to his business -- Uncle Tony's is now The Harvester, a variation of a name on the bar for 17 years before it became Uncle Tony's.

Merrick said since he was switching from a sole proprietorship to an LLC, and would have to re-apply for his liquor license, and since Uncle Tony's no longer served food, it seemed like the right time to make the switch.

Merrick has owned the business for 36 years on Harvester Avenue, operating it originally as the Harvester Hotel.

"My customers that go way back said, 'We still all call it the Harvester,'" Merrick said. "They told me, 'Why don't you call it the Harvester?'"  I said, "OK, but I'm not calling it the Harvester Hotel."

Large American companies avoiding taxes through overseas locations

By Howard B. Owens

A lot of people think, "Oh, it's capitalism -- if Walmart or Target can sell stuff cheaper than the local small business, well, that's just capitalism."

But what if those big businesses are getting advantages not available to the locally owned shop -- is it really fair competition?

The New Rules Project says that American corporations are sheltering profits in overseas locations, saving themselves as much as $34 billion in annual taxes.

Those are tax dodges not available to the mom-and-pop shop.

After 34 years, Darien couple sells corner store

By Howard B. Owens

(Pictured above are Kathy Schenck and her son.)

The little store on the corner of Harper and Route 20 in Darien is closing, though a new store, completely remodeled, will be re-opened at a later date by a new owner.

Jerry and Kathy Schenck operated 3 Buck's Country Store for 34 years, opening in the fall of 1976.

Jerry has MS and is staying at the Veteran's Hospital in Batavia. Three members of his unit in Vietnam recently rode their motorcycles from different parts of the country to have a reunion at the store.

Kathy said, "I'm really going to miss the people. We watched so many people grow up. They did so many good things for us."

Friday Reviews: This is why I Love the Internet.

By

by Phil Ricci The World: by Phil

I love the Internet. Can we start this little article with that fact? I am also fairly sure that I have told you all before, but in case not, I am a geek. This is the week of Comic Con and even though I am not in attendance, I have been watching just about every piece of footage that I can get my hands on (Tron Legacy looks Awesome). It is with that understanding that you must somewhat graspe then my obsession with tech, web apps, comics, movies (fan-boy type) and funny stuff all shoved into the package of a business management professional.

Over the past few months, I have been finding sites and apps that have started to migrate into my daily life. Some of these are new(er) and so you might have never heard of them. While others have been going strong for a time, but are new to me; and just like that first used car you got as a kid, it didn’t matter who had it before because it was your baby now! That said unfortunately, my first “baby” was a 1981 Toyota Starlight. Yeah….good times.

Here is a sampling of some sites that I am just loving on right now:

Task.fm

Task.fm has been around for about a year or so now. It was founded by Anthony Feint in 2009 and is simply, a task and reminder management app. The key thing though that makes this app just amazing, is that it uses semantic and natural language input for the creation of reminders.

Meaning, if you type in: Call Laura at three to remind her to pick up the kids. It will actually translate the reminder to sending you a text, email or Direct Message on Twitter at three that day to remind yourself (or even Laura) to go get the kids. Simple.

You can also send this reminders to friends, work emails or other phones as well. There are just a ton of cool features with this service.

As far as price goes, there is a free model that allows a limited amount of texts, as well as displaying a few small ads on the main page, but that’s it about it. You get unlimited emails and ample storage (not that there is any really). If you decide you want unlimited texts and go Pro, you’ll only be out a mere $3.99 per month. No Too Shabby.

rdio.com 

Yes, I am aware that there are a million music player services in the world, but this one is way different. Rdio (pronounced r-deyee-o) was founded by Janus Friis with Niklas Zennström and Atomico, a leading technology investment group.

Rdio is more than just a music site, it’s a “social” music service where you can discover music through friends and taste-makers. With traditional methods of social connections like “following” other listeners, you can literally tap into what they are playing at anytime. You can create, share or “subscribe” to play-lists with anyone on the system.

Rdio really does takes the work out of the deciding what to play next and connects the music in your Web browser with your mobile phone. You can play as many songs you want, anytime, anywhere.

As far as cost goes, the basic service that allows you to listen unlimited on any computer you want is just $4.99 per month. If you want to be able to sync it up to your iPhone, BlackBerry or Droid? Then it’s a mere $9.99 per month.

They are still building up their catalouge, but is still by far the best system I have seen yet.

Flavors.me

Oh sure there are a bunch of DIY website apps floating around the Internet (Weebly, SiteKreator, etc), and each one have their pluses and minuses.

It wasn’t until just recently that I discovered though an engine that allows you to build a page that really brings all of your online identities under one virtual roof. With over 20 social, blog and video networks hooked in, you really can have one true virtual homepage.

Flavors.me was built by HiiDef, an incubator started by former Vimeo exec Jonathan Marcus and his brother, David Marcus.

The cost to this bad boy is only $20 a year for all of their services. It honestly is what Google Profiles should be.

Anyway those are a few of the most recent sites that I am loving on right now. As I find more, I will put them together for you all to enjoy. Also, if you find something that you are loving on, Go to the Submission page up top and share.

Have a great day All!

Until Next Time….

Latina's property manager not in court, arrest warrant issued

By Howard B. Owens

Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

Western OTB CEO announces retirement after 29 years

By Howard B. Owens

After 29 years of driving Western Regional Off-Track Betting, Martin Basinait is stepping down as CEO.

Basinait announced his retirement to the OTB board in a letter yesterday.

His legacy will be the revival of Batavia Downs. It was Basinait who convinced OTB to buy the vacility and bring back horseracing.

Dick Seibert said it was also Basinait who championed the addition of video lottery terminals.

"Horseracing is a declining industry and there's nothing you can do about it," Seibert told WBTA. "Without the VLTs, we would be facing a dismal future. We have a bright future now."

Basinait's resignation is effective in February 2011. The board will now begin the search for a new CEO.

Chamber of Commerce member appreciation night is Aug. 26

By Billie Owens

All Genesee County Chamber of Commerce members and their guests are invited to attend the chamber’s annual Member Appreciation Night starting at 6 p.m. on Thursday, Aug. 26.

This year, the chamber will host “A Night at the Ballpark.” Ticket price include general admission to the game and an all-you-can-eat buffet under Party Tent in the “The Hot Corner.”

The buffet will be served between 6 and 7 p.m. and includes hotdogs, hamburgers and cheeseburgers with all the fixings, pasta salad, potato salad, watermelon, potato chips, ice-cold beer and soda.

The cost is $18 for adults, $9 for children 4-12 and free for children 3 and under.

Tickets along with an additional event wristband MUST BE PURCHASED IN ADVANCE AT THE CHAMBER OFFICE, 210 E. Main St., Batavia. If you do not purchase your tickets at the Chamber Office you will NOT BE ADMITTED TO THE PARTY TENT.

Chamber office hours are 8 a.m. to 4:30 p.m. Monday – Friday. Please call Kelly B. at 343-7440 for any questions.

Pest company manager says gull problem at Latina's can be handled

By Howard B. Owens

The gull problem at Latina's is "hand-able, but a large-scale problem," according to a manager for Pest RX, a company out of Clarence hired by LKLWL Properties to assess the situation and recommend a solution.

"It's not like it's a one-shot deal," said Jeff Waiter. "It's not like we're going to come in here for however long and we'll never see a seagull again. We're going to have to work with the property owner and work on a long-term solution."

Both Waiter and Pest RX owner Jeff Phelps said they still need to put together a plan, but the preliminary solution includes fixing the drainage on the roof, getting rid of standing water, and coming up with an "exclusion" system, something to make it harder or scarier for the gulls to land on the roof.

Just ensuring it's a clean, dry roof will do a lot to deter the gulls.

"The first thing is, the standing water has to go," Phelps said. "Once that's gone, we'll do a power wash and clean off the roof, but to keep them off permanently, there's a lot of obstructions there.

"We're trying to put our heads together and come up with a plan," he added.

It shouldn't be necessary to get the DEC involved at this point, Waiter said. He said the team spoke with the DEC this morning, they have a copy of the DEC manual and so long as they're not disturbing eggs or active nests, no DEC permit is required.

He said they found no eggs and only old nests on the roof today.

"We can definitely make the place tidy without a DEC permit," Waiter said, "so long as we don't harass the young or the eggs."

Photo: From left, Phelps, Waiter and another Pest RX employee.

Seagull discontent at Latina's takes to Facebook community page

By Timothy Walton

Discontent of the seagull population is continuing to grow and so is the media attention. Social networking site Facebook.com is one of the latest media outlet to show the public support asking for LKLWL owner Tom Lewin to take responsibility for the growing problem that is occuring on the building owned by his company.

The facebook page, titled Tom Lewin remove the Seagulls at Latina's- Batavia, NY! is a community based page currently with over 100 fans supporting the group and the cause.

Previous coverage of Latina's can be viewed here

Motions denied in Pontillo's lawsuit

By Howard B. Owens

A series of motions filed by the estate of Elizabeth Pontillo seeking money and property from Sam and Paul Pontillo was dismissed by County Court Judge Robert C. Noonan on June 30.

"Nonetheless, the instant motion will be denied in its entirety for want of a clear and convincing demonstration of either a likelihood of ultimate success on the merits, the prospect of irreparable injury or a balancing of the equities in a plaintiff's favor," Noonan wrote in his decision. "Accordingly, the Plaintiff's Motion is hereby denied, and the temporary restraining order previously granted is hereby vacated."

It's unclear how this ruling impacts the lawsuit filed against the Sam and Paul by the estate.

Brian Degnan, attorney for the estate, could not be reached this afternoon, and Sam Pontillo's attorney, Reid Whiting, refused to come to the phone.

Degnan filed motions in June requesting Sam Pontillo not be allowed to remove equipment or enter the property of the Pontillo's in Le Roy, that he return all business equipment taken, and that he pay back rents, taxes and profits associated with the Le Roy location.

The estate, being administered by John Forsyth, also sought back rent from Paul Pontillo for the time he was living at 64 Vernon Ave., Batavia, the former residence of his parents, and an accounting of various items believed to be in the house at one time.

In his answer to the motion, Whiting accused Forsyth of a conflict of interest and a lack of good faith in dealing with Sam Pontillo.

In an answering affidavit, Sam Pontillo says that as accountant for the various Pontillo's businesses in Genesee County, he had access to financial information and other company secrets, "many of which he is now using in a selective manner to the detriment of defendants. As such, he has an obvious conflict of interest as a litigant."

Sam also notes, to his "amazement," John Pontillo was not sued by the estate, despite being involved in the business operations at one time.

He accuses John and Paul of mismanaging the "'goose that laid the golden egg' to the point of insolvency and desperate need for a subprime mortgage."

"He (John) was personally and highly involved in the demise of the Batavia store and its foreclosure," Sam writes.  

He accused John of removing a seven-ton HVAC unit from the Batavia location.

"John was an officer and manager of the Batavia store for a substantial time during which it failed to pay sales tax, payroll taxes and real property taxes and numerous suppliers," according to Sam.

One of the chief financial decisions that led to loss of the Batavia store, based The Batavian's previous reporting of this story, was taking out a mortgage on the property in November 2008. Sam Pontillo states that he "adamantly opposed" his mother's execution of the mortgage, "particularly at the exorbitant rate of 16 percent."

"Paul and John, not just Paul, have a lot to explain about the demise of that business," Sam writes.

As for the property Forsyth claimed belonged to the estate, Sam Pontillo provide copies of checks showing that he spent about $20,000 on the equipment, out of his own business entity, Le Roy Dough Boys, Inc.

Sam Pontillo also accuses John Forsyth of not answering his offers to buy the Le Roy Store or a proposed lease on the property.

As part of the lawsuit, the estate has sought some $50,000 in back rent from San Pontillo for the Le Roy location. The back rent is calculated at $2,500 per month. An affidavit from Daniel K. O'Shea, who says he's a lifelong resident of Le Roy, and an owner of downtown village property, says there is no property in the village worth more than $1,000 per month and the total estimated value of the Le Roy location is $100,000.

Sam states that even though he was never associated with Sam's Tomato Pies, either as employee, shareholder or director, the IRS has placed a lien on the home owned solely by his wife in Albany in an attempt to collect back taxes from the corporation.

"Plaintiffs and my brothers are lashing out at me without any factual or legal justification," Sam writes. "I suspect they are solely motivated by the base emotion of envy as a result of the position I secured with the new owners of the Batavia store

"As manager of the Batavia pizzeria, opened on April 6, 2010, I am not in competition with the Pontillo Family Partnership or the estate. I am merely earning a just living to support my wife and three sons, despite the shabby obstacles plaintiffs and my brothers have tried to place in my path."

Cargill Animal Nutrition raises nearly $78,000 for United Way

By Billie Owens

Cargill Animal Nutrition and its employees in the Northeast Region helped to contribute more than $77,000 to United Way chapters in communities throughout New York and Vermont last year.

To be exact, employee donations and corporate matches raised $77,856.

Local United Way donations came from employees at Cargill facilities in Albany, Batavia, Gouverneur, Jamestown, Liverpool and Salem, NY; plus and Swanton, VT.
 
United Way works across the United States and in 45 countries worldwide on programs that support youth education, workforce training, increased access to health care, and more.

Cargill Animal Nutrition, Northeast Region employs 341 people at 14 facilities in New York and Vermont and surrounding areas.

Last year, Cargill Northeast Region gave a total of $105,381 in donations, from high school scholarship programs to contributions to nonprofit organizations.

Craftsmanship, creativity and A-to-Z communication are hallmarks of Baker's Frontier Kitchens

By Billie Owens

When you walk into the showroom of Baker's Frontier Kitchens, you step into an upscale, well-appointed kitchen. The wood cabinetry is beautiful and functional, the granite countertops gleam, you imagine how wonderful it would be if this was your kitchen.

Look to your left, and there is another fantasy kitchen with dark wood, a laminate countertop, an eye-catching faucet and next to that, another gem of a kitchen.

It is readily apparent that there are choices galore, with displays of drawer pulls, boxes of color samples, walls of wood choices and style treatments, and catalogs offering infinite possibilities -- from hickory to alder, Shaker to Tuscan, copper to wrought iron, Federal blue to lime green. Literally, there are 30,000 combinations to choose from.

But what sets Baker's Frontier Kitchens apart from other kitchen and bath remodelers is the technical prowess, expert craftsmanship and design offered by owner Tim Baker and his associate Lonnie Patnode. Tim has done nothing but kitchen and bath remodeling for 20 years, Lonnie for at least 15.

Each one takes a single job from beginning to end. That means the measuring (at no charge), planning, design, contracting, oversight and communication are handled from A to Z by either Tim or Lonnie. Personal accountability helps keep the details clear, the job smooth and the customer secure in knowing that there's only one guy in charge of the project.

Lonnie is the designated salesman, but he does not look, sound or act like one. Wearing jeans, sneakers and a button-up shirt, he takes a decidedly low-key approach.

"We don't go for the hard sell -- 'What do I have to do to get you to buy this today?'" Lonnie said. "Good designs and good products sell themselves. We don't hound people. People are spending a lot of money. They need to feel comfortable. We want to make friends."

The store has two lines of cabinetry, Homecrest, which offers stock sizes with limited customized products, and Candlelight, which offers standardized options, as well as unlimited custom possibilities.

"If we can dream and draw it, Candlelight can build it," Lonnie says.

ALL Candlelight cabinets, "down to the last screw," come from U.S. suppliers, including ones in Brockport and Attica. And their goods are built right here in Western New York.

Also, the installation crews are local contractors. If old cabinetry needs to be torn out and hauled away, the crews can do that. Or if a homeowner wants new lighting, tile work, carpet, wiring, painting, plumbing, heating or new windows, those services are available from the crews as well.

"We do the whole shootin' match," Lonnie said. "We do as much or as little as the homeowner want us to."

Some people just want the cabinets installed, but want to put in the appliances, sinks, etc., themselves to save money. Others have unlimited resources, or seem to.

Like one of Tim's customers, who just built a new house on Lake Ontario. It is supposed to be the last house she ever builds, so she wanted every detail to be top-notch. She personally flew to Vermont to choose the granite she wanted from the mining company. Lonnie said she spent close to $100,000 on just the kitchen.

On the other end of the spending spectrum, you can have a basic re-do for $2,000 to $3,500 for a small kitchen. If you add in granite countertops, lazy Susans, soft-close drawers, wine racks and other features for a medium-sized space, expect a price tag of $6,000 to $10,000.

A lot of times people have some idea about what they want, but no real vision or plan. You don't know, what you don't know, so to speak, but Tim and Lonnie do. They get a sense of your style, your tastes and the functions you need by talking with you, seeing the space and drawing rough sketches. Then, using computer-assisted drafting, they create a range of options to help you decide.

That's what Lonnie did for a client in Warsaw. He wanted dark, but not black, cabinets. He had stainless steel appliances and a gigantic kitchen with an 11-foot center island and a penchant for clean, modern lines and a contemporary ambiance.

Lonnie came up with a design featuring deep, eggplant-colored wood and cabinets with stainless-steel frames around panes of frosted glass. He took the same frames and created rectangular boxes attached above the cabinets so that they seemed to "float in space." These were lit with small, LED lights and when turned on at night, they glowed, displaying a real "wow factor."

If you are thinking about redoing your kitchen or bath, you can find out more on their website.

Even better, stop by at 8392 Lewiston Road in the Town of Batavia. Or give Tim or Lonnie a call at 343-0760 to schedule the first step in making your dream kitchen a reality.

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