en Frost Ridge case attorneys wrangle with witnesses over what they knew and when they knew it <p>Marney Cleere, one of the co-plaintiffs in the pair of lawsuits filed against Frost Ridge over alleged zoning violations and live music at the venue, spent a lot of time on the witness stand today.</p> <p>Cleere was called to testify in a hearing aimed at establishing when the statute of limitations&#39; clock started ticking on a Le Roy Zoning of Board of Appeals determination that all activities at Frost Ridge are &quot;grandfathered in,&quot; and whether that ZBA determination was made properly.</p> <p>David Roach, the attorney Frost Ridge, and the campground&#39;s owners, Greg and David Luetticke-Archbell, called Cleere to try and establish what the Oatka Trails Road resident knew about the Sept. 25 ZBA decision and the day she knew it.</p> <p>If she knew about it before April 8, it could mean there is evidence to establish that her and her co-plaintiffs did not file their complaint in a timely fashion. Depending on how Noonan interprets the law and case law, that could mean at least a portion of their suit against Frost Ridge could be thrown out of court.</p> <p>Cleere testified today that she received a copy of the minutes from the Sept. 25, 2013 ZBA meeting on March 26, 2014.</p> <p>Getting that admission from Cleere took dozens and dozens of questions from Roach and attorney Karl Essler, representing the ZBA, which is a co-defendant in the Cleere/Collins lawsuit.</p> <p>Frost Ridge is also being sued by the Town of Le Roy.</p> <p>Roach started his questioning by establishing that Cleere had an e-mail address with a username and password that only she could access.</p> <p>He then showed her an e-mail from Patty Canfield, the Le Roy town clerk, to her e-mail address. &nbsp;</p> <p>Cleere never admitted to having previously seen the e-mail, but said she couldn&#39;t say that her e-mail account was hacked or that the e-mail could be fraudulent.</p> <p>Once, when asked by Roach if the e-mail was sent to her, she responded:&nbsp;&quot;It has my e-mail address on it, yes.&quot;</p> <p>The e-mail is from early October.</p> <p>It appears to have had three attachments (not included with the printed e-mail used as evidence). Those attachments were supposedly the ZBA minutes from June 11, July 23 and Aug. 27.</p> <p>Roach quoted Canfield as writing, &quot;I believe they will approve Sept. 25. minutes at next meeting.&quot;</p> <p>Asked if the e-mail from Canfield was in response from Cleere for a copy of the Sept. 25 meeting minutes, Cleere said she would have to review her e-mails to answer the question.</p> <p>She had no recollection of requesting those specific minutes from the town.</p> <p>Later in her testimony, Cleere said she didn&#39;t request them until March because she didn&#39;t know that the minutes existed nor that Frost Ridge was discussed at the Sept. 25 ZBA meeting. Her request was prompted by communications with attorneys from both sides of the dispute, according to her testimony.</p> <p>Asked several times in different ways if she took any action between October and March to obtain a copy of the Sept. 25 meeting minutes, Cleere responded, &quot;I didn&#39;t know of that meeting, so what would have caused me to request those minutes?&quot;</p> <p>She obtained the copy of the Sept. 25 minutes from Code Enforcement Officer Jeff Steinbrenner, who, according to testimony by himself and other prior witnesses, kept all the minutes in a file in his office.</p> <p>Cleere also testified -- while being questioned by her attorney Mindy&nbsp;Zoghlin -- that she became angry when she learned about the Sept. 25 meeting in March.</p> <p><span>&quot;Obviously, we were furious that we weren&#39;t made aware of this meeting,&quot; Cleere said. &quot;We didn&#39;t understand why we weren&#39;t made aware of this, why it took six months.&quot;</span></p> <p>Cleere said the package of material she received from Steinbrenner contained no application from Frost Ridge, no supporting documents and no notice of public hearing.</p> <p>Part of what&nbsp;Zoghlin is trying to establish is that the ZBA&#39;s determination lacked jurisdictional validity.&nbsp;</p> <p>If she can show that the ZBA acted outside the scope of the law, the Sept. 25 determination would be meaningless and, potentially, the statute of limitations question becomes moot.</p> <p>Zoghlin spent a lot of time today questioning David&nbsp;Luetticke-Archbell about his interpretation of communications from the town, what they meant, what he understood and what he believed, all in an effort to draw a distinction between the campsite zoning issues at Frost Ridge and the issue of live music.</p> <p>Zoghlin argued that the zoning issues and the music issue are completely separate issues. The zoning issues, according to her, require a zoning variance, while the live music issue requires an area variance, a use variance or a special-use permit. &nbsp;</p> <p>If the ZBA wasn&#39;t considering live music at its Sept. 25 meeting (and Board Chair Debbie Jackett testified clearly that it did), then the ZBA determination is reduced to only a consideration of campsite placement and use.</p> <p>As Zoghlin repeatedly asked questions to try and get&nbsp;Luetticke-Archbell to discuss these topics as separate issues, often with objections from Roach, the parade of objections eventually flared up, resulting in both attorneys making lengthy arguments to Noonan about why, or why not, the line of questioning was relevant.</p> <p>&quot;We can&#39;t just pull out of thin air the separation of the two issues because the record already states they&#39;re one issue,&quot; Roach said.</p> <p>&quot;The record&quot; being a reference to a couple of documents already in evidence, including a letter from Steinbrenner to Frost Ridge that treats live music as just one in many alleged zoning violations.</p> <p>&quot;The communication that triggered the ZBA hearing didn&#39;t come directly from code enforcement (a reference to a supposed copy-and-paste by Steinbrenner of a message from Town Supervisor Steve Barbeau),&quot; Zoghlin said. &quot;That communication, while inartfully drawn, had the effect of mixing up and confusing two issues. ...&nbsp;</p> <p>&quot;<span>When we get to the jurisdictional issue,&quot; Zoghlin continued a statement or two later, &quot;NYS town law and Town of Le Roy zoning code requires an application so we can avoid this kind of problem, so when the ZBA considers something, they have some type of idea exactly what they are being asked to rule on.</span></p> <p>&quot;There&#39;s no application here,&quot; she said. &quot;To say the documents speak for themselves doesn&#39;t really help. To compound the problem, nothing was published anywhere so that anybody in town had any inkling the ZBA might consider a determination. The entire procedure is flawed from beginning to end so that it doesn&#39;t determine anything. I don&#39;t understand the thought process that says they&#39;re not asking for two things that are totally different in a way that makes any sense.&quot;</p> <p>Noonan overruled Roach&#39;s objection, but also expressed skepticism about Zoghlin&#39;s line of questioning.&nbsp;</p> <p>&quot;Maybe I&#39;m missing something,&quot; Noonan said. &quot;I realize zoning is a highly technical issue conducted by lay people who sometimes make mistakes in the process, but I don&#39;t see how going through the thought process of people gives us any enlightenment that will help me to decide this case when the case is based on documents.&quot;</p> <p>With the hearing completed today, now we wait.</p> <p>The attorneys will draft memos of facts and case law for Noonan to consider prior to issuing his ruling. Those documents are due Sept. 29. Noonan didn&#39;t indicate how long it would be after that before he issues a ruling on these motions.</p> <p>Without a complete dismissal of the case, there will be more court appearances before the lawsuits are decided.</p> <p>In the meantime, the Marshall Tucker Band is scheduled to play The Ridge on Sept. 6.</p> <p>Noonan continued his order lifting the ban on live music at Frost Ridge, which allows the Sept. 6 concert to go forward as planned.</p> <p>Two shows that were previously postponed because of the restraining order. John Michael Montgomery and Jason Michael Carroll have been rescheduled to dates near the end of October. The fate of those shows may depend on the status of the legal case at that time.</p> business frost ride Le Roy zoning Tue, 26 Aug 2014 22:15:14 +0000 Howard B. Owens 44370 at Hearing on motions in Frost Ridge case will determine fate of lawsuits, and campground <p>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.</p> <p>It&#39;s all more complicated than even that convoluted sentence, however.</p> <p>The hearing wasn&#39;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.</p> <p>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.</p> <p>The concert is a fundraiser for the Golisano Children&#39;s Hospital.</p> <p>Vassar has said Frost Ridge is one of his favorite places to play and asked to be included in this season&#39;s line-up.</p> <p>The hearing was limited to two motions under consideration by Noonan:&nbsp;</p> <ul> <li> Whether the statute of limitations for challenging a ZBA determination that nonconforming uses at Frost Ridge, contrary to current zoning law, were &quot;grandfathered in,&quot; and,</li> <li> Whether there is what is known as a &quot;jurisdictional defect&quot; in the ZBA&#39;s determination.</li> </ul> <p>The key document relevant to the statute of limitations motions is the Zoning Board of Appeals minutes from its Sept. 25, 2013 meeting.</p> <p>At dispute is whether the minutes were filed with the town before April 8.&nbsp;</p> <p>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&#39;s determinations.</p> <p>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.</p> <p>Noonan&#39;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.&nbsp;</p> <p>Frost Ridge and the campground&#39;s owners Greg and David&nbsp;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.</p> <p>First to testify was Town Clerk Patricia Canfield.</p> <p>There is much about when the minutes were first publicly available that Canfield can&#39;t remember.</p> <p>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.</p> <p>She couldn&#39;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.</p> <p>Canfield said Cleere filed more than five FOIL requests, but not more than 10, and she couldn&#39;t remember if the one requesting ZBA minutes came in 2013 or 2014.</p> <p>She couldn&#39;t remember if any of the other FOIL requests for the minutes came in 2013.</p> <p>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.</p> <p>As for the ZBA hearing itself, Canfield testified that if there was a public notice published of a meeting to discuss Frost Ridge&#39;s non-conforming use, she would have known about it, and she said she was unaware of any such publication.</p> <p>David Roach, the Frost Ridge attorney, also called Steinbrenner as an &quot;adverse witness.&quot;</p> <p>Steinbrenner was also questioned by attorney&nbsp;Karl Essler, representing the ZBA.</p> <p>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.</p> <p>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.</p> <p>As for the meaning of the minutes, Steinbrenner danced around the issue, often skirting direct questions.</p> <p>He said he didn&#39;t recall live music being discussed as a prior nonconforming use at the Sept. 25 meeting.</p> <p>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.</p> <p>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.&nbsp;</p> <p>While never explicitly stated, the clear implication of the line of questioning is an attempt by the plaintiff&#39;s side to establish that the ZBA ruling, if valid, was limited to land use issues and the ZBA didn&#39;t at all consider, nor was it asked to consider, whether live music is grandfathered in.</p> <p>&quot;When we first started with Frost Ridge about this, we saw two aspects to it,&quot; Steinbrenner said. &quot;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.&quot;</p> <p>Steinbrenner&#39;s August e-mail twice uses the word &quot;etc.&quot; when referring to the alleged zoning violations.</p> <p>When Roach would ask in various ways whether &quot;etc.&quot; 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&#39;t attend).</p> <p>Under questioning from Roach, Steinbrenner admitted that he had verbally told David and Greg that live music shows were a possible zoning violation.</p> <p>The third and final person to testify today was Debra Jackett, chairwoman of the ZBA.</p> <p>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.</p> <p>Zoghlin asked several questions related to public notification of hearings and filing of notices and Jackett answered each time that it wasn&#39;t the board&#39;s job to deal with notices and outside communications.</p> <p>&quot;Our only job is to show up at meetings and make decisions,&quot; she said.</p> <p>Over the repeated objections of Roach (each overruled by Noonan), Zoghlin kept asking about what happened at a ZBA meeting in 1998.&nbsp;</p> <p>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.</p> <p>The meeting was 16 years ago, Jackett said, and she couldn&#39;t remember specifics about the meeting, but Zoghlin persisted.</p> <p>&quot;If you&#39;re going to ask me what I said 16 years ago, I&#39;m going to tell you, I don&#39;t recall,&quot; Jackett said at one point.</p> <p>Roach objected to the line of questioning because it&#39;s his contention that what happened at the meeting in 1998 isn&#39;t material to the plaintiff&#39;s motion that the ZBA decision of 2013 suffers from a &quot;jurisdictional defect.&quot;</p> <p>Another ZBA board member is expected to testify Tuesday. Noonan&#39;s ruling on the motions will come some time later.</p> business Frost Ridge Le Roy Thu, 21 Aug 2014 19:03:02 +0000 Howard B. Owens 44279 at Dairy farmers urged to apply for grants to form profit teams for their farms <p><em>Press release:</em></p> <p>The New York Farm Viability Initiative strongly encourages dairy farmers to apply now for $2,500 grants to form dairy profit teams for their farm.</p> <p>Ron Robbins, owner of North Harbor Dairy in Sackets Harbor and a NYFVI board member said &ldquo;Right now, with milk prices so good, is the time to think about improvements. You want to maximize your yields, while continuing to manage your costs. The right team of experts, all chosen by you, can help you see where the opportunities are. Lining up your money now, while it&rsquo;s available, is a smart move.&rdquo;</p> <p>Robbins went on to say &ldquo;I understand that taking that first step can be challenging. It&rsquo;s hard to step back from the daily priorities and share with others the big picture of your operations.&rdquo;</p> <p>Profit teams are a well-proven concept in New York. The state&rsquo;s farmers have been using this approach, sometimes called advisory teams, successfully for the last 10 years.</p> <p>NYFVI is honored to have been entrusted with a legislative appropriation through the NYS Department of Agriculture and Markets to help dairy farmers who haven&rsquo;t used profit teams get started.</p> <p>NYFVI Managing Director David Grusenmeyer added &ldquo;I hope more farms will enroll and utilize the funds available to them. Over the years I&rsquo;ve seen such great results from this approach. In many cases the work from these teams has literally saved a business.</p> <p>&quot;The funds are directed solely by the farmer; some teams are improving herd health, others are focused on milk quantity. Some are even working with financial advisors to develop succession plans. It&rsquo;s all up to the farmer to decide.&rdquo;</p> <p>The simple one-page application for a Dairy Profit Team grant can be found at <a href="" title=""></a></p> agriculture business dairy Tue, 19 Aug 2014 20:14:05 +0000 Billie Owens 44250 at Diner in Village of Corfu moving to new location near Pembroke High School <p>Linda&#39;s Diner in the Village of Corfu is moving.</p> <p>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.</p> <p>The location is just south of Pembroke High School.</p> <p>The new Linda&#39;s Diner will be build inside a 1,176-square-foot, ranch-style home built in 1959.</p> <p>Richley said this morning that it was her son and daughter who encouraged her to move.</p> <p>The location is strategically located near the busy intersection of routes 5 and 77, close to Yancey&#39;s Fancy cheese shop and Pembroke HS, Richley said.</p> <p>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&#39;t at a client&#39;s location.</p> <p>&quot;It&#39;s more their idea than mine,&quot; Richley said, but she is looking forward to the family owning its own location after renting for all these years.</p> <p>The plans approved by the planning board call for 25 parking spaces on the lot.</p> <p>Richley purchased the 1.1-acre parcel from the Town of Pembroke, which acquired it when they bought lland for the town park.</p> business corfu pembroke Fri, 15 Aug 2014 13:50:15 +0000 Howard B. Owens 44196 at New owners, employees, community leaders celebrate the saving of a Batavia institution <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014.jpg" /></p> <p>The employees are happy. Local officials are happy. Pete and Andy are happy. Everybody&#39;s happy.</p> <p>Even the costume designers for the hit HBO series Empire Boardwalk are happy (at least we assume so -- they&#39;ll still be able to order p.w. minor shoes for the show).</p> <p>A Batavia institution, along with 70 local jobs were saved by two local businessmen. Today, speaker after speaker praised Pete&nbsp;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.</p> <p>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.</p> <p>&quot;The struggles of this company are over,&quot; Young said. &quot;We&#39;re going to make it work, OK. Once again, we&#39;ll make this company the epitome of &#39;Made in America.&#39; &quot;</p> <p>They&#39;ve gotten some help from Empire State Development to help make the purchase possible.</p> <p>Regional Director&nbsp;Vincent Esposito announced ESD is making available $450,000 from the agency&#39;s&nbsp;<a href="" target="_blank">Excelsior Jobs Program</a>. To qualify, Zeliff and Young had to pledge to create jobs and make a significant capital investment in the company.</p> <p>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&#39;s attorney.</p> <p>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&#39;t receive assistance from GCEDC.</p> <p>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.</p> <p>Zeliff said he&#39;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.</p> <p>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.</p> <p>Today, Cianfrini spoke at the press conference -- really a celebration -- at p.w. minor&#39;s facility on Treadeasy Way.</p> <p>&quot;Today is not only a great day for p.w. minor and all of its employees,&quot; Cianfrini said. &quot;It&#39;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.&quot;</p> <p>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> <p>&quot;p.w. minor is an icon,&quot; Canale said. &quot;It&#39;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.&quot;</p> <p>After the speeches, attendees were invited on guided tours of the plant to see how shoes are made in Batavia.</p> <p>A few lucky people even got to see the shoe sent to the costume designers of Boardwalk Empire.</p> <p>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, &quot;are you mad at me (for bringing the media over)?&quot; Another employee nearby spoke up, &quot;How could we ever be mad at you? You saved us.&quot;</p> <p>The average p.w. minor employee has been with company 24 years. &nbsp;</p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-2.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-3.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-4.jpg" /></p> <p>Andrew Young and Pete&nbsp;Zeliff.</p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-5.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-6.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-7.jpg" /></p> <p>The style of shoe sent to the set of Boardwalk Empire.</p> <p><img alt="" src="/files/users/60/2014-3/pwminorpressconf2014-8.jpg" /></p> <p><iframe frameborder="0" height="360" scrolling="no" src="" width="480"></iframe></p> <p>UPDATE: After the jump, a press release from Gov. Cuomo.</p> <div class="read-more"><a href="/howard-owens/new-owners-employees-community-leaders-celebrate-saving-batavia-institution/44188#more" title="Read the rest of New owners, employees, community leaders celebrate the saving of a Batavia institution ." rel="nofollow"><strong>Read more &raquo;</strong></a></div><p><a href="" target="_blank">read more</a></p> batavia business p.w. minor Thu, 14 Aug 2014 19:15:55 +0000 Howard B. Owens 44188 at Keeping customers coming back has helped Southside Deli thrive for 25 years <p><img alt="" src="/files/users/60/2014-3/southsideat25_2014.jpg" /></p> <p>Standing by a window, toasting a French bread pizza, Jeff Heubusch looked out on sunny Ellicott Street and mused, &quot;sure beats working working in a salt mine.&quot;</p> <p>He then states the obvious with a wry smile. &quot;There&#39;s no windows in a mine shaft.&quot;</p> <p>Heubusch should know. He spent 12 years working in a salt mine. He only quit when a mining accident nearly took his life.</p> <p>His year-long recuperation gave him time to reflect and reassess what he wanted to do with his life.</p> <p>The son of a miner, Heubusch&nbsp;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&#39;t want to give up that steady paycheck and good benefits while trying to build a business of his own.</p> <p>While convalescing,&nbsp;Heubusch<span>&nbsp;said to himself, &quot;</span><span>Am I going to lay on this couch the rest of my life and live on comp or Social Security disability?&quot;</span></p> <p>&quot;Once I was able to get around and be productive, that&#39;s when I said, really, &#39;it&#39;s all or nothing.&#39; &quot;</p> <p>That sense of commitment has stuck with Heubusch now for more than two decades. It&#39;s the reason Southside Deli not only survived. It thrived.</p> <p><span>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.</span></p> <p>Born in Wyoming County, Heubusch graduated from Warsaw High School in 1977. He was 17 and couldn&#39;t get a job, so he went to work in his mother&#39;s upholstery business.</p> <p>When he turned 18, he got his first job in a salt mine.</p> <p>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.</p> <p>He bought a house in Batavia, and when he started working in the mine again, his daily commute took him down Ellicott Street.</p> <p>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).&nbsp;</p> <p>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.</p> <p>That got his mind working.</p> <p>&quot;I&#39;d see it and I&#39;d think to myself, &#39;man, I&#39;d love to work for myself.&#39; I kept seeing that and it kept fueling my idea of what I would do if I owned that.&quot;</p> <p>There&#39;s a reason working in a salt mine is a metaphor in our culture&#39;s lexicon&nbsp;for arduous work. It&#39;s hard labor.</p> <p>In flush times, Heubusch worked 10 to 12-hour days, seven days a week.</p> <p>&quot;There were days I never saw daylight.&quot;</p> <p>One day, finally, he called a realtor and got the ball rolling.</p> <p>Escrow closed Aug. 10, 1989. Heubusch opened Southside Deli for the first time under his ownership four days later.</p> <p>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.</p> <p>&quot;I knew the deli had potential. It was a great concept, but he (the previous owner) wasn&#39;t a hands-on guy. I knew if I worked it, I could bring it to life.&quot;</p> <p>There was nothing easy about those early years, said Heubusch, who had no prior food service experience.</p> <p>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.</p> <p>&quot;That&#39;s the only way I could do it.&quot;</p> <p>Cassandra rode her skates through the aisles and learned to ring out deli customers by the time she was 6.</p> <p>Then came the mining accident.</p> <p>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.</p> <p>&quot;To me, it was a life-threatening experience. It all could have ended that day.&quot;</p> <p>He required multiple surgeries, a year of at-home convalescence, seven years of physical therapy and 20 years of chiropractors.</p> <p>To see him work in his store today, you would never guess his body had been through such trauma.&nbsp;</p> <p>&quot;This place did help me, both mentally and physically.&quot;</p> <p>So what&#39;s the secret to his success?</p> <p>Heubusch said it&#39;s easy: hard work, good food and a singular focus on keeping customers happy.</p> <p>A customer complaint feels like a failure, Heubusch said.</p> <p>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&#39;s timing and attention to detail.</p> <p>&quot;I like being known as the place with the best subs. The best meats, the best salads. That&#39;s our niche. People can go anywhere else and buy pop, groceries or beer, but you can&#39;t buy a Southside Deli sub anywhere else. If you&#39;ve been raised on Southside, nobody can match it.&quot;</p> <p>The best measure of success, Heubusch said, is the customer who comes back.</p> <p>&quot;It&#39;s a good feeling. When you have a customer who&#39;s never been in before and they come back and they come back and they come back, it&#39;s a good feeling. Then I know I&#39;m doing the right thing.&quot;</p> <p>It sure beats working in a salt mine.</p> <p><img alt="" src="/files/users/60/2014-3/southsideat25_2014-2.jpg" /></p> <p>During lunch hour, customers are often lined up four and five deep at the deli counter.</p> <p><img alt="" src="/files/users/60/2014-3/southsideat25_2014-3.jpg" /></p> <p>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.</p> <p><img alt="" src="/files/users/60/2014-3/southsideat25_2014-4.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/southsideat25_2014-5.jpg" /></p> <p>&quot;It sure beats working in a salt mine.&quot;</p> <p><img alt="" src="/files/users/60/2014-3/southsideat25_2014-7.jpg" /></p> <p>A big part of Southside&#39;s lunch business comes from workers calling in their orders for pick up.</p> <p><iframe frameborder="0" height="360" scrolling="no" src="" width="480"></iframe></p> batavia business Ellicott Street Southside Deli Thu, 14 Aug 2014 13:09:12 +0000 Howard B. Owens 44161 at 'The Vac Shop' owner passionate about vacuum cleaners <p><img alt="" src="/files/users/60/2014-3/vacshop2014-3.jpg" /></p> <p>Bob Youll&#39;s business sucks -- in a good way.</p> <p>A lifelong Batavia resident, Youll has been running &quot;The Vac Shop,&quot; at 329 Ellicott St. in the city, since 1991. He attributes the longevity of his business to perseverance, word of mouth and steady business.</p> <p>&quot;Off the top of my head, I&#39;d say I get between 30 and 50 regular customers,&quot; Youll said. &quot;Though it does fluctuate from year to year due to people moving, changing jobs, etc.&quot;</p> <p>Youll will take care of anything from major motor repairs to changing belts and cleaning out clogging.</p> <p>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.</p> <p>Formerly employed by a Batavia catalog store (now closed), Youll got his vacuum repair training from The Vac Shop&#39;s former owner, Joe DeFazio.</p> <p>&quot;Joe taught me about basic vacuums,&quot; he said. &quot;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.&quot;</p> <p>Basically, Youll approaches his work not only with a view to the customer&#39;s immediate need, but also with the average consumer&#39;s perspective on vacuuming in mind.</p> <p>&quot;Vacuuming is usually an afterthought,&quot; he said. &quot;People want to get it done, and quickly. (When working on repairs) I try to set the machine up for that use.&quot;</p> <p>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.</p> <p>Store hours are <strong>Monday through Friday, 9 a.m. until 5:30 p.m. </strong>and <strong>Saturday, 9 a.m. until 4 p.m. </strong>For more information, call 343-7754.</p> <p><em>Photos by Howard Owens.</em></p> <p><em><img alt="" src="/files/users/60/2014-3/vacshop2014.jpg" /></em></p> <p><em><img alt="" src="/files/users/60/2014-3/vacshop2014-2.jpg" /></em></p> <p><em><img alt="" src="/files/users/60/2014-3/vacshop2014-4.jpg" /></em></p> <p><em><img alt="" src="/files/users/60/2014-3/vacshop2014-5.jpg" /></em></p> batavia business The Vac Shop Wed, 13 Aug 2014 12:46:54 +0000 Daniel Crofts 43507 at Fans happy to see their favorite band in return of live music at Frost Ridge <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014c.jpg" /></p> <p>To say&nbsp;Blackberry&nbsp;Smoke rocked the house Saturday night at Frost Ridge might be misconstrued.</p> <p>There are no reports of windows rattling in the homes of Frost Ridge neighbors.</p> <p>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.</p> <p>The fact is, at the corner of Conlon and Oatka Trail, through most of Blackberry Smoke&#39;s set, the crickets were louder than the music.</p> <p>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.</p> <p>They did rock the house and the fans raised the roof.</p> <p>The band is Charlie Starr (lead vocals, guitar), Richard Turner (bass, vocals), Brit Turner (drums), Paul Jackson (guitar, vocals), and Brandon Still (keyboards).</p> <p>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.</p> <p>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.</p> <p>The crickets, he said, would be louder.</p> <p>That certainly seemed to be the case.</p> <p>In their <a href="" target="_blank">lawsuit against Frost Ridge</a>,&nbsp;the Cleeres have claimed that they can&#39;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.</p> <p>The Town of Le Roy is pursuing a parallel suit against Frost Ridge.</p> <p>Both suits allege that live music at Frost Ridge violates local zoning laws, even though the campgrounds owners, Greg and David&nbsp;Luetticke-Archbell, received a previous ruling from the Zoning Board of Appeals that the use is an allowable, prior nonconforming use (grandfathered in).</p> <p>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.&nbsp;</p> <p>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&#39;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.</p> <p>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.</p> <p>The next scheduled show is at The Ridge NY is&nbsp;Phil Vassar and the Morgan Twins, Aug. 23.</p> <p>The slide show below also includes photos of&nbsp;Chris Weaver Band, one of Saturday&#39;s opening acts.</p> <p>AUDIO: <a href="" target="_blank">A recording taken during the concert last night at the corner of Conlon and Oatka Trail</a> (mp3).</p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-2.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-3.jpg" /></p> <p>A seat front-and-center for the Blackberry Smoke set was auctioned off and $375 was raised for the Le Roy Fire Department.&nbsp;</p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-4.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-5.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-6.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-7.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/smokeattheridgeaug92014-8.jpg" /></p> <p>The decibel reader employed by a deputy to monitor noise levels at Conlon and Oatka Trail roads.</p> <p><iframe frameborder="0" height="360" scrolling="no" src="" width="480"></iframe></p> business Frost Ridge Jam at the Ridge Le Roy Sun, 10 Aug 2014 17:01:54 +0000 Howard B. Owens 44101 at Sports Plus Physical Therapy is newest BID member, grand opening is Aug. 28 <p><em>Press release:</em></p> <p>Sports Plus Physical Therapy, a new member of Batavia&#39;s Business Improvement District, is proud to announce its Grand Opening Celebration of its new building at 5 Alva Place, Batavia.</p> <p>Formerly the Genesee County ARC administrative office building, we&#39;re situated at the corner of Alva Place and State Street, right in between the entrance to the movie theatre and Dr. Canzoneri&#39;s podiatry office.</p> <p>The public is invited to attend our open house and ribbon cutting on Thursday Aug. 28, 3-7 p.m. Assemblyman Steve Hawley and Senator Michael Ranzenhofer will be on hand for the ribbon-cutting ceremony around 4 p.m.</p> <p>Refreshments will be served. The building has undergone extensive renovation, and we&#39;re excited for you all to meet our staff!</p> <p>Sports Plus Physical Therapy is open daily, including Monday and Wednesday evenings, under the direction of Keith Bailey, PT. We pride ourselves in friendly and expert care of orthopedic and neurologic conditions.</p> <p>Common conditions we encounter in our office include lower back and neck pain, shoulder and rotator cuff problems, tennis elbow, carpal tunnel syndrome, wrist/hand tendinitis, sciatica, hip and knee pain, ankle sprains, plantar fasciitis, post-operative rehabilitation, and much more.</p> <p>We accept most insurance plans, and treatment can often be started without a physician&#39;s prescription. Please contact our office at (585) 343-9496 with any questions or to schedule an appointment.</p> announcements business sports Sat, 09 Aug 2014 17:00:03 +0000 Billie Owens 44091 at GCEDC to consider three projects at meeting Tuesday, including Batavia Shoes, LLC <p><em>Press release:</em></p> <p class="rteindent1">The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider three projects at its August 12, 2014, board meeting.</p> <p class="rteindent1">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.</p> <p class="rteindent1">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.</p> <p class="rteindent1">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.</p> <p class="rteindent1">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 &amp; Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College.</p> batavia business GCEDC Fri, 08 Aug 2014 19:53:16 +0000 Howard B. Owens 44074 at P.W. Minor saved by local investors <p>We all expected P.W. Minor, one of Genesee County&#39;s oldest businesses, to close July 31.</p> <p>That didn&#39;t happen.</p> <p>Now it looks like the nearly 150-year-old shoemaker will be around for awhile longer yet.</p> <p>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.</p> <p>The new company will operate as Batavia Shoes, LLC, in the interim.&nbsp;</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The details of the purchase have not been released yet, but Zeliff and Young confirmed the purchase is taking place. They said they couldn&#39;t say more at this time.</p> <p>&quot;We&#39;re going to run this company going forward and we&#39;re going to grow it and expand it,&quot; Zeliff said. &quot;Our goal is to bring manufacturing back to Batavia and expand it.&quot;</p> batavia business p.w. minor Fri, 08 Aug 2014 18:38:16 +0000 Howard B. Owens 44072 at Students complete week learning about aviation at Genesee County Airport <p><img alt="" src="/files/users/60/2014-3/avadventcampgrads2014-4.jpg" /></p> <p>A week of intense study and fun came to an end today for students of the Aviation Adventure Camp.</p> <p>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.</p> <p>It&#39;s sponsored by the Business Education Alliance of Genesee County.</p> <p>Today&#39;s class ended with a short graduation ceremony after participants competed in a final model helicopter flying contest.</p> <p>This is the fourth year for the camp.</p> <p><img alt="" src="/files/users/60/2014-3/avadventcampgrads2014-3.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/avadventcampgrads2014-2.jpg" /></p> <p><img alt="" src="/files/users/60/2014-3/avadventcampgrads2014.jpg" /></p> batavia BEA business WNY Aviation Adventure Camp Fri, 08 Aug 2014 18:21:08 +0000 Howard B. Owens 44073 at Marshalls in Batavia Towne Center announces grand opening Aug. 21 <p><em>Press release:</em></p> <p class="rteindent1">Marshalls, one of the nation&rsquo;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&rsquo;s apparel, home, juniors, kids apparel and accessories, luggage, beauty and more!</p> <p class="rteindent1">&ldquo;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,&rdquo; said Richard Sherr, president of Marshalls. &ldquo;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!&rdquo;</p> <p class="rteindent1">GRAND OPENING</p> <p class="rteindent1">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.&nbsp;</p> <p class="rteindent1">STORE FACTS &amp; FEATURES</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Location: Towne Center at Batavia</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 24,479 square feet</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Regular store hours:</p> <p class="rteindent1">o&nbsp;&nbsp; 9:30 a.m. to 9:30 p.m. Monday-Saturday</p> <p class="rteindent1">o&nbsp;&nbsp; 11 a.m. to 8 p.m. on Sundays</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Designer fashion at unbelievable prices</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; THE CUBE: A hip, in-store boutique of contemporary fashions</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Shoe Mega Shop: Featuring designer and brand-name shoes for the whole family</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bright and fresh in-store experience every time you shop</p> <p class="rteindent1">&middot;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Single queue checkout for faster shopping</p> <p class="rteindent1">With over 10,000 new items arriving to the Batavia store every week, it&rsquo;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.</p> <p class="rteindent1">ECONOMIC IMPACT</p> <p class="rteindent1">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.</p> <p class="rteindent1">COMMUNITY PARTNERSHIPS</p> <p class="rteindent1">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&rsquo;s Research Hospital.</p> batavia Batavia Towne Center business Marshalls Fri, 08 Aug 2014 17:13:16 +0000 Howard B. Owens 44071 at Company plans e-commerce warehouse expansion in Batavia <p><em>Press release:</em></p> <p class="rteindent1">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.</p> <p class="rteindent1">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 deĢcor products.</p> <p class="rteindent1">The decision to expand in Batavia, NY, is fueled by major growth in the company&rsquo;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&#39;s Club all carry Koolatron products, along with dozens of other online sites.</p> <p class="rteindent1">&ldquo;Our business keeps growing and we can barely keep up with the warehouse space we have right now,&rdquo; says Koolatron President Arun Kulkarni. He adds that keeping pace with the boom in online shopping is priority for the company.</p> <p class="rteindent1">&ldquo;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,&rdquo; Kulkarni said.</p> <p class="rteindent1">The expansion of Koolatron&rsquo;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&rsquo;s growing U.S. customer base.</p> <p>Previously:&nbsp;<a href="">GCEDC board approves Koolatron and Premiere Credit projects</a></p> batavia business Koolatron Corp. Thu, 07 Aug 2014 13:44:06 +0000 Howard B. Owens 44049 at Daphne's Restaurant on South Swan closes <p><img alt="" src="/files/users/60/2014-3/daphanesclose2014.jpg" /></p> <p>Daphne&#39;s Restaurant &amp; Lounge, at 341 S. Swan St., Batavia, has closed.</p> <p>The restaurant opened in September 2010 at the former location of St. Nick&#39;s Social Club.</p> batavia business Daphne's Restaurant & Lounge Tue, 05 Aug 2014 20:59:04 +0000 Howard B. Owens 44024 at