Business

We've hired new marketing and sales coordinator at The Batavian.

She's Lisa Ace, a resident of Batavia who has a wealth of experience in marketing and graphic design.

Ace, originally from Utica, moved to Batavia 13 years ago to attend GCC. She stayed after meeting Chris, a native of Stafford.

After they got married, they decided to stay in Genesee County.

Ace has worked locally at the Batavia Daily News and p.w. minor in marketing and graphics. She's also done free-lance work for a variety of clients.

She has a degree in design from Buffalo State College.

Her hobbies include making beaded jewelry, baking and her two cats.

Ace replaces Ethan Thompson, who has accepted a one-year scholarship for a Christian education opportunity in the Adriondacks.  

So, best wishes and congratulations to Ethan and welcome, Lisa!

It's back to the drawing board for the parcel subdivision of the proposed Genesee Valley Agri-Business Park.

Because the first confirmed tenant for the park -- Bogata, Colombia-based Alpina Products -- has set its sights on a different plot of land than originally thought, the subdivision boundaries need to be reset.

Tuesday night, the Town of Batavia Planning Board set 7:30 p.m., June 21, as the time and date for a public hearing on the revised boundaries.

Members of the Genesee County Economic Development Center will also make a presentation about the project to the board that night.

Zoning Enforcement Officer Bruce Gerould also told the board that the revised parcel plan will include a two-acre plot right on Route 5 for an office complex for an advertising agency.

Because the agency specializes in marketing for agricultural businesses, it apparently fits the requirements of the agri-business park, Gerould said.

Artist Sean Walker stands in front of a mural he's painting inside the new art gallery at Glass Roots on Center Street.

Walker, a fine arts student at GCC, has a show in the gallery of some of his original artwork.

Remember when businesses had painted signs on the sides of their buildings? 

Vic Marchese is going old school with the sign he hired Vinny DelPlato to paint for him on the back of Main St. Pizza Company.

DelPlato is responsible for many of the murals you see around town.

Here's a piece we did on him when he was working on the mural at Next Level Fitness.

A South American-based dairy processing company will get $767,096 in tax incentives to help the company establish a new yogurt factory in Batavia, the Genesee County Economic Development Center announced.

The incentive package for Alpina Products includes a property tax abatement, a sales tax exemption and a reduction of mortgage taxes.

GCEDC announced in April that Alpina agreed to become the first tenant for the Genesee Valley Agri-Business Park off Route 5 in Batavia.

The plant, when completed, is expected to add 50 jobs to the local economy and if successful, Alpina officials said they would expect to expand their operations in Batavia.

More than half of the tax incentive package comes in the form of a PILOT (payment in lieu of taxes) arrangement that will reduce the amount of anticipated property taxes paid by Alpina by more than $458,000 over 10 years.

Alpina will pay property taxes on the current assessed value of its 10-acre facility, but because building the plant will increase the land's value, Alpina will get a break on that increased assessment for 10 years. During the first five years, Alpina will pay no taxes on the difference between the current assessed value and the new assessed value. Starting in year six through year 10, Alpina will pay 50 percent of the increase in additional taxes, and pay 100 percent from that point forward.

The sales tax exemption of $260,000 will be on construction materials and office equipment, but not manufacturing equipment.

The mortgage tax exemption is $48,750.

The anticipated economic benefit to Genesee County is expected to exceed $30 million over 10 years.

Alpina will invest $15 million to purchase the 10-acre parcel and construct the plant.

In other GCEDC news, Wellsville Carpet Town at 3990 Call Parkway, Batavia, will receive a $14,375 mortgage tax exemption to help the company refinance its current $1.5 million real estate loan. GCEDC says the abatement will help retain 45 jobs in the county.

Last week, we reported an update on the downtown gull situation.

BID Director Don Burkel asked that we share the following information with readers:

If you are having a problem with gulls landing / nesting on your building there are some possible solutions by the USDA Wildlife Services:

• String 100-pound test fishing line in a grid pattern
• Use a “BirdX” (sound system)
• Use inflatable “Scarymen” by Reed Joseph Co.

If you need some advise on your particular gull problem, Carl Cranker, biologist for the USDA Wildlife Services, would be willing to visit your property. There is no fee for consultation and accessing your situation. If you want the Wildlife Services to perform a service, i.e. remove nests or eggs, there would be a fee involved. You can contact him directly by calling (315) 532-4835 (cell) or email: carl.c.cranker@aphis.usda.gov .

A Batavia Nursing Home employee who earlier today was reportedly the subject of a police response to the facility is in jail tonight, accused of threatening to shoot a supervisor.

Parris L. Bryant, 50, of 218 State St., Batavia, was charged with aggravated harassment, 2nd, and jailed on $1,000 bail.

According to Sgt. John Peck, Bryant was the suspect in a case earlier today involving an employee who showed up at the facility drunk and angry over not getting paid, as scheduled.

Police officers who responded to that call convinced Bryant to leave and go home.

According to Peck, Bryant didn't bother any of his coworkers again until about 5:30 p.m., at which time he allegedly initiated a series of calls to a nursing supervisor threatening to shoot her over the non-pay issue.

When police responded to his house, Peck said, there were no guns visible and it's not clear that Bryant actually has access to a gun.

However, because Bryant is still an employee of the nursing home, has access to the building, and was allegedly in a violent frame of mind, police officers were concerned for the safety of the staff, Peck said.

"He must have been stewing about it all day," Peck said.

Peck said nursing home staff told officers that Bryant made five or six calls this evening.

Additional previous articles:

• Owner of Batavia Nursing Home facing federal charges; employees complain of payroll problems
• State dealing with 'issues' at Batavia Nursing Home, but won't release details
• Employees of Batavia Nursing Home tell TV news they can't cash payroll checks

Three Batavia Nursing home employees have contacted The Batavian today to report that once again, they're not getting their paychecks as scheduled.

A fourth, unidentified employee, showed up at the facility around 12:30 p.m. and was allegedly drunk and disorderly. Batavia police were called, but did not make an arrest, telling the obviously drunk older gentleman to move along.

A police officer confirmed the man was upset about not getting paid today.  

Meanwhile, the home's owner, Marc Korn, was in a Buffalo Federal Court yesterday to answer to fraud charges, but his case was continued because he did not have an attorney. The judge gave him until June 14 to hire an attorney.

Korn, who owns two nursing homes and a house in East Amherst, according to WIVB, may not be able to afford an attorney and may require court-appointed counsel. 

Two weeks ago, employees received checks, according to sources, but were told not to cash them until the following Thursday. This past Friday, employees were not paid, according to sources, but received their checks on Wednesday.

State health officials have been unwilling to confirm with The Batavian that the nursing home may be taken over by the state, but WIVB reports that they've been told that is the case.

A spokesman for the health department said the state is dealing with several issues at the facility.

Inset photo, Mark Korn, courtesy WIVB.

It's possible Verizon has conquered the sea gull problem it had on its Center Street building.

The mobile phone and internet company brought in the U.S. Fish and Wildlife Service to remove birds and eggs two weeks ago, and today, employees spread netting on the roof to discourage the return of the birds.

Meanwhile, gulls continue to menace cars and pedestrians from their roosts atop the old Latina's market building on Ellicott Street, though their numbers seem fewer than last spring and summer.

Owner Vito Gautieri said he's done everything the state Department of Environmental Conservation has told him he can do, but the gulls have not completed vacated the premises. 

"We've spent a ton of money," Gautieri said.

He said he's deployed fake owls and pelicans, installed noise makers and sends employees up to the top of the roof at least twice a week.

"Two days later they get used it (the decoys and noise) and they're back," Gautieri said.

Both Gautieri and Verizon received code violations for alleged failure to maintain their properties, according to City Manager Jason Molino.  

The owners were advised to keep the premises clean in order to comply with city code.

Local business owners say the problem was unusually acute on School Street this summer, largely because of the migration of the birds to the Verizon building. One store owner said the problem has seemed to lessen in the past two weeks.

Michael DeFelice, owner of Michael Anthony's Salon, said last summer he could safely park his car in the lot off School Street, but this summer, there has been no safe place to park.

Gautieri said the gull problem is an entire city problem and city officials need to address it as a citywide problem.

"They (the gulls) are going to continue to be a problem for all of us unless the city gets involved and the agency that protects them gets involved," Gautieri said.

Molino said it's not that simple. It's not like the city can go around cleaning up properties for landowners. The gull problem is a basic maintenance issue, he said. 

"It's like mowing your lawn," Molino said. "It's easy, but you've still got to do it."

Molino said the city hasn't had problems with gulls on City Centre for three years, since it started getting the permits necessary to take care of the problem (removing the eggs) and keeping the roof properly maintained.

As for the old Latina's building, Gautieri said he remains hopeful he could have new tenants soon. He said he's also been discussing the idea of turning the building into an office complex and recruiting firms with offices in Rochester and Buffalo to consolidate their offices in Batavia.

"That would be great for downtown," Gautieri said.

Another option for the building is to add another six or eight feet of height (which is possible because the building was originally constructed to have warehouse space on the second floor), which would make it possible to turn the second floor into apartments. If he did that, Gautieri said, he would add a steeple roof, which would keep the gulls from nesting on the roof.

With its owner facing legal problems and employees complaining about not getting paid, the New York Department of Health is aware of "issues" at the Batavia Nursing Home, but isn't giving out any information about the status of the facility.

"Our priority is the care and safety of the residents," said Jeffrey Hammond, spokesman for the department.  "We are working through several issues with the nursing home."

The state health department is the regulatory agency that overseas New York's nursing homes.

Hammond referred nearly every question The Batavian had about the home to his two-sentence his statement.

Jerry Fasano's mother is a resident at the home and he visits her daily. He said recently a representative of the Department of Health has been at the home every day. He had a chance to speak with the representative on Monday and she told him the state has begun a receivership process (take custody of the nursing home).

Asked specifically about whether receivership proceedings were under way, Hammond referred to his previous statement.

Today, employees received their paychecks that were due last Friday.  

One employee immediately cashed the check at her credit union and between the time she cashed it and got home, her home phone caller ID showed three missed calls from the credit union. She won't be able to call the credit union until tomorrow to find out what the calls were about.

Rather than deposit the check, she said, she took the cash, "because I've got bills to pay and groceries to buy." She wanted to make sure she had the money.

When the nursing home supervsor told employees today they would get paid, she said, "We were running down the halls. It was like Christmas for us."

Even so, she said, another three or four employees have quit and if paychecks are delayed this Friday, even more may walk off the job.

Fasano said he's impressed with the professionalism of the remaining staff. 

"It should also be noted that even though the staff is not being paid they are continuing to give the residents the care they need and deserve," Fasano said. "This includes all of the staff from maintenance and housekeeping to the hospital administrator.

"I feel that I can give an accurate description of the staff, in that I have come to know them all very well as I am there each and every morning to visit my mother," Fasano added.

Owner Marc Korn, who has been accused by federal authorities of fraud, visited the facility today -- entering by the back door, according to sources. He visited the home's administrator and left, saying nothing to staff.

Korn is due back in federal court tomorrow. 

The Amherst-based businessman has not returned calls nor answered emails from The Batavian seeking clarification or comment.

The Department of Health conducted an inspection of the Batavia Nursing Home in May and found 23 deficiencies, according to online records. That matches the statewide average. Hammond said as of this morning all of the deficiencies had been corrected. 

None of the deficiencies constituted actual harm or immediate jeopardy.

The owner of the Batavia Nursing Home has been accused by federal authorities of committing wire fraud to help fund a "lavish" lifestyle.

Meanwhile, two employees of the nursing home on State Street have contacted The Batavian to say they've either not been paid or were paid late.

Marc L. Korn, 54, of East Amherst faces a possible 20 years in prison or a $250,000 fine or both. He was arraigned a week ago in federal court and is scheduled to appear again on June 2.

Assistant U.S. Attorney Gretchen L. Wylegala, who is handling the case, said that Korn devised a scheme to obtain funds from a charitable organization he headed, the American Friends of Assaf Harofeh Medical Center, an organization which raised funds to support a medical center in Israel.

An IRS investigator told the Buffalo News he's diverted as much as $1 million for his personal use and has also kept employee payroll taxes.

For employees of the nursing home, they're wondering what's going on. Today, they were told there was no money in the payroll account so no checks would be issued. 

"We've been told we would be paid, but we don't know when," an employee said.

This has happened before, according to another employee, who said two weeks ago the employees were given checks but told they couldn't cash them until the following week.

Korn could not be reached for comment.

One of the employees said that the Department of Labor has visited the facility, but she's not aware of any action beging taken.

She said all deliveries -- including food for residents -- are now C.O.D. (collect on delivery)

"The residents have their Social Security checks sent to the nursing home," she said. "Where's the money going?"

A relative of hers is a resident at the facility and the family is trying to move her, but she said she doesn't think the community really understands what's going on at the nursing home.

Five people quit today, she said. She figures she will start pulling 80-hour work weeks to keep up with the work load.

She continues her employment there, she said, because she believes it would be unethical to leave the residents without care.

Her husband's income has also been uneven lately, she said, so times are tough.

"I have to go home and tell my kids we may not eat today," she said.

She said all of the employees are facing similar difficulties, including falling behind on mortgages and car payments.

The woman said employees have been told Korn is trying to sell the facility, but they're not aware of any progress on that front.

We tried Korn's pager number, but it's disconnected. We also emailed him and asked for comment.

The Rathod family of Batavia has a new business venture -- they've taken over the Sunco gas station and West Main Mini Mart at 3845 W. Main St. Road, Batavia.

Raveen Rathod is running the store with help from his brothers, Nick (above, left) and Sunny.

On Friday and Saturday, the family will celebrate the grand opening of their new business. The draw for customers includes 5 cents off a gallon of gas (but not diesel), free slice of pizza with a $5 gas purchase along with drawings and giveaways.

The store will be open both days from 6 a.m to 10 p.m.

Remember the pink gorilla we saw wandering on Main Street on May 25? It was a marketing ploy of local entrepreneur Tim Walton.

Walton has relaunched his T-shirt and clothing business, former Topline Shirt Company, as Pink Gorilla Tees and Graphics.

The location remains 214 E. Main St. in the City of Batavia.

Joe Canzoneri has been named store manager.

Just because the new store has opened doesn't mean the mascot will be retired, Canzoneri said.

"We will continue to send the mascot to events," Canzoneri said. "It's something that we hope the community will enjoy as well. We want to have fun with what we do and Pink Gorilla is just that -- fun and creative just like our shirts"

Pink Gorilla will be open from noon to 5 p.m., Monday through Friday. 

When hair stylist Amanda Lowe, above left, managed a Super Cuts, she said, she was able to double the business of the store and that success got her to thinking -- what could I do if I struck out on my own?

After some time thinking about it, and getting experience in other salons, she recently stopped wondering and started trying.

Last month, she opened Jagged Edge Salon at 4140 Veterans Memorial Drive with her friends Dawn Williams (next to Amanda) and Alisha Foster (right) along with her sister Sarah Lowe (in between Dawn and Alisha).

Combined, the young women have 38 years experience cutting and styling hair. 

Customers are welcome to walk-in or make an appointment for highlights, lowlights, perms, styling/updos, treatments, and facial waxing.

"I like having a salon where the girls and the customers can come in and have fun," Lowe said. "I also just like the responsibility of running my own business."

The grand opening is June 18. Guests who stop in between now and then can enter to win prizes, including free haircuts for a year.

Store hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. Saturday.

Derek Geib, left, and Michael Highland, will officially open their new downtown bar and eatery Wednesday and have spent the past two evenings preparing by serving speciality hamburgers to a limited number of guests.

With the kinks mostly worked out during the "soft launch," the duo is excited to finally be doing business as Bourbon & Burger Co. at 9 Jackson St., Batavia.

There are about two dozen different types of hamburgers on the menu, and the restaurant is aiming to be known as the best place for a burger in the county.

The menu also includes a variety of sandwiches and appetizers, an extensive beer list plus a full bar.

Some time this summer, downtown will have another outdoor dining venue.

On Monday, the Batavia City Council approved the sale of a small downtown parcel to South Beach Restaurant owner Ken Mistler.

The 1,900-square-foot lot is adjacent the restaurant. Mistler intends to convert a portion of it to a seating area and an outdoor grill.

The lot, currently known as Kiwanis Memorial Park, will be divided so that a portion will remain green space with a six-foot-wide walkway dedicated to the Kiwanis Club. 

The purchase price is $1,000, which Mistler said is exactly the appraised value for the lot. He said in order to make the purchase, the city required him to pay for a professional appraisal, which cost $700.

"I think it's going to enhance downtown, and bring more people to downtown," said Fifth Ward Councilwoman Kathy Briggs. "I'm excited about it."

Mistler said that's exactly his goal. He hopes the new place will help promote downtown, generate more revenue for his employees and allow him to add three more staff members.

"This is for downtown," Mistler said. "Batavia is a small community and I like what goes on here."

When completed, the grill will serve customers both inside and outside the dining area. It will also be a place where people can drive to, park at the curb, and get a quick hamburger or hot dog. Walk-up customers will also be welcome.

Still undecided is what alcohol service will be available. If Mistler wants a cash bar outside, he needs to get another liquor license. Or he could knock a hole in the wall behind his current bar and service customers through a window. Or customers could buy liquor inside and bring it out to the patio.

As for the Kiwanis, Mistler said he is offering them the walkway as a place to sell bricks as a fund raiser every five years. He said he will supply the labor to lay the bricks and if the Kiwanis don't sell them, he will, and donate the money to the Kiwanis.

After 17 years of selling and servicing farm equipment at 5563 E. Main St. Road, Batavia, Empire Tractor (former Tri-County Tractor at that location) is moving into a much bigger space about a mile down the road.

The move will allow the company to expand its main building from 8,400 sq. ft. to 22,000 sq. ft., according to company president Tim Call.

"The thing is, farm equipment is getting much bigger," said Call, one of six owners of Empire Tractor, which has locations throughout Western New York. "We couldn't even get some of it into our shop."

The new shop will allow for more repairs to be handled simultaneously and for the bigger equipment to be worked on no matter what the weather.

In anticipation of the move, Empire Tractor has hired three more employees and will hire two or three more after the move is completed.

The new location, formerly a Ford dealership owned by Mike Ognibene, is 5.5 acres and includes two additional buildings (matching in size and function to the buildings at Empire Tractor's current location).

The contiguous space will allow Empire Tractor to consolidate its display and parking space on a single lot. At the current location, for example, some new equipment for sale must be parked across a very busy Route 5.

"This is a lot nicer," Call said. "It's all one side of the road, all blacktop, cleaner, neater. This is a lot nicer."

The location is a bit of a homecoming for Call. One of the buildings on the lot is where his father opened Batavia Farm Equipment in 1960.

Call acquired Tri-County Tractor 17 years ago and eventually merged his company with other farm equipment outlets to form Empire Tractor.  

He is anticipating a big year for Empire Tractor. With corn going from $3 a bushel to $7 and milk from $12 to $19, Call said he anticipates the market for farm equipment will increase. He said the company anticipates a 20 to 25 percent increase in sales.

Press Release:

Washington, D.C. – U.S. Senator Kirsten Gillibrand is urging U.S. Commerce Secretary Gary Locke to approve the application submitted by the Genesee County Economic Development Corporation (GCEDC) and the Genesee Gateway Local Development Corporation (GCLDC) for a Foreign Trade Zone (FTZ), a measure that could help attract more businesses to the region, help local businesses find new markets, and create more local jobs. 

In her letter to Secretary Locke, Senator Gillibrand wrote, “This designation would allow for important incentives that could help reduce the cost of doing business for participating companies, increase their competitiveness, and help them access new opportunities to expand their markets. The foreign trade zone designation will also minimize the need for businesses to shift their operations to foreign countries to be nearer to new markets, keeping more jobs within the United States.”

“A foreign trade zone designation for Genesee County will allow existing companies to compete in the global marketplace and attract new companies to Western New York,” stated Steve Hyde, President and CEO of the GCEDC. “Many existing companies will save money on parts they import allowing them to hire more local employees.”

Specifically, an FTZ designation allows for substantial cost savings for businesses on import duties, merchandise processing fees, faster delivery, and higher security. Thousands of businesses use FTZs to handle both foreign and domestic products each year, with more than $30 billion in merchandise exported from FTZs to foreign markets.

The GCEDC is an organization devoted to fostering increased economic activity in local communities throughout the Genesee County region. The GCEDC’s efforts include actively marketing the county to businesses and facilitating capital investment that contributes to the creation of jobs in the region. In fact, GCEDC has sponsored 160 projects, leveraging nearly $45 million in private investment into local businesses, and helping to create or save nearly 6,000 local jobs in the last six years alone.

This is a news release from Genesee Community College.

Genesee Community College is offering a new agriculture class this fall. The new Western New York Agriculture (AGR190) course is the first of its kind at the college.

It will involve a vibrant blend of classroom lectures and labs along with multiple field trips to local farms and agriculture-based businesses to provide extensive hands-on experience and onsite information gathering.

Among the topics for new AGR 190 course will be agronomy, animal care, integrated pest management, dairy, fruit, vegetable and organic food production, high-tech farming equipment, labor issues and conservation planning to name a few.

Overall, the new class focuses on the challenge of feeding an ever-growing world population and the changes needed to increase food productivity through better crops and farming efficiencies. According to the AGR course coordinators and instructors: "If you eat, this course is for you."

The Western New York Agriculture course has been developed in a collaborative effort by GCC and Cornell Cooperative Extension -- Dairy, Livestock and Field Crops Team. Together, these educators are at the forefront of knowledge and new developments of what farmers in our area face each season, according to James Kingston, a specialist on the team.

The course will not only explain critical aspects of today's agriculture, but also take students right to the farms and many regional businesses that serve and depend on agriculture. Students will have the opportunity to observe all levels of employment and investigate agricultural career paths as they progress through the Western New York Agriculture course.

Students will also use today's computer technology for a portion of the course. Online discussions, readings, assignments and assessments will be conducted through Genesee's Blackboard computer system.

"We're so excited to be able to offer a course of this relevance," Kingston said. "Our area has diverse agricultural needs that will face many challenges as production must continue to grow in the future in response to population growth."

The course will delve into agriculture's economic impact in our region and touch on bioengineering, environmental issues, harvesting, storage and distribution, the biology of livestock, grazing, farm economies, and agricultural careers. Half of the classes will be farm field trip exercises to develop a comprehensive understanding of the importance and scope of the agriculture industry.

Serving the four county GLOW region, which includes Genesee, Livingston, Orleans, and Wyoming counties, GCC's seven campus locations are in the heartland of New York's most fertile and abundant agricultural area.

From this strong farming base, GCC students will have a chance to embrace their farming community and truly understand how "AG business" is not only the backbone of the local economy but that these fertile valleys are intricately linked to a prosperous future.

"This course represents significant new opportunity for the both the college community and the agricultural community to fully engage one another in the teaching–learning process," said Maureen Leupold, instructor of Biology and Environment Science.

"The diversity of agriculture in Western New York and its economic impact in the region is a topic of great concern and importance to all of us, and I am delighted that GCC students will soon be on the front lines of exploring this critical frontier."  

The AGR190 class will be held from 2 to 5 p.m. on Mondays in room C303. For further information on the AGR190 course, go to:  http://www.genesee.edu/academics/catalog/AGR/190/201109/

To register for the class online go to: http://www.genesee.edu/depts/admissions/apply/

Leupold can be reached via email at MALeupold@genesee.edu  <http://MALeupold@genesee.edu> or by calling 585-343-0055, ext. 6394.

A former captain in the Batavia Fire Department who has worked the past four years as fire chief in Auburn is retiring and returning to Batavia.

Mike Hammon is returning to run Godfrey's Pond, according to the Post-Standard in Syracuse.

A one-time Auburn firefighter before moving to Batavia to become an officer, the 55-year-old Hammon told the newspaper: “This is the end of my fire career. I’m getting out of the politics (of the chief’s job) and this is good for me.’’ 

When Hammon was named chief in Auburn four years ago, it was a controversial appointment, according to the Post-Standard. He was the first chief in the 113-year history of the department not promoted from within.

The article includes praise from officials in Auburn for Hammon's work.