Business

Here's a news release sent today from Assemblyman Steve Hawley's office.

Assemblyman Steve Hawley toured local businesses and met with local business leaders earlier this week to discuss ways to improve economic development in Western New York.

During the 2010 Legislative Session, economic development programs statewide were charged new fees and saw development funding significantly decreased, which Assemblyman Hawley voted against.

“As a local business owner in Western New York, I know firsthand how difficult and unfriendly New York State is for businesses, especially small businesses,” Hawley said. “Over the years, Albany has increased taxes, fees, and regulations to the point that starting or maintaining a business here is almost impossible.

"It is my hope that by working with local business leaders we can create a grassroots movement to tell Albany that it needs to stop its tax-and-overspend policies. We need to start investing in job creation and economic development programs.”

Hawley’s local business tours started earlier this month with a visit to Willow Specialties in Batavia on Aug. 6 to meet with CEO Bernie Skalny. Willow Specialties produces baskets and packing supplies for hotels, restaurants and supermarkets across the country.

On Aug. 17, Hawley met with Jim Lines, president and CEO, and Jeffrey Glajch, CFO, of the Graham Corp. in Batavia, a leading designer and manufacturer of vacuum and heat transfer equipment for energy markets and process industries.

On Aug. 24, Hawley met with Peter Milicia, president of BMP America, Inc., in Medina. BMP America specializes in manufacturing and converting technical non-woven textiles and engineered polyurethane elastomers.

Hawley’s local business tour will continue with planned visits to TREK, Inc., in Medina, Precision Packaging Products in Holley, and Allen’s Canning – Birdseye in Oakfield.

Earlier this month, the National Federation of Independent Businesses (NFIB) released its 2009-2010 Voting Record, which outlines the voting record of legislators regarding critical economic development and job creating legislation in New York.

While 79 of 150 Assembly members voted against business interests 80 percent of the time during 2009 and 2010, Hawley was rated among the most business-friendly legislators in the state with a pro-business voting record of 91 percent.

After a few years of being unemployed, Mary Holmes decided it was time to open her own store.

"I just finally got tired of working for other people," Holmes said.

The Batavia resident and Attica native owned a crafts store in Albany during her 25 years living there, but with her family's background in flea markets, it was natural that the store would carry a variety of used merchandise.

The primary focus, however, as the name of the store says, is books. The business name is Anything Goes Books and More. It is located in the Harvester Center right on Harvester Avenue.

Holmes has amazing, impressive array of items to sell, but as she expected, most of her customers to this point have been buying books.

She opened the store the first week of August.

And the outlet is a family affair. Some of the merchandise comes from her father's estate and her two bothers and sister help by going to garage sales and flea markets looking for more used items to sell in the store.

"I need the help," Holmes said. "I can't be out there picking stuff and be in here, too."

Right now, the store occupies three office-sized spaces in the Harvester Center. Holmes said it's her dream to see the store expand and carry even more items, or even when its doing well enough to move to Main Street.

She acknowledged that the Harvest Center is a little out of the way for some people, but with the recent addition of some other new businesses in the complex, it's helped her business a lot, she said.

Construction -- or rather, destruction -- has begun on the Masse Gateway Project.

The project is intended to turn the old factory buildings of Masse-Harris/Harvester into modern office and light industrial space. The first phase involves knocking down the buildings at the end of Masse Place to create an entryway into the facility.

The project is expected to cost $3.1 million and is being partially funded by a $1.5 million RestoreNY grant. Mancuso Development Group, the property owner, will cover the balance of expenses.

The project is expected to lead to productive use of all the old factory buildings in the complex, as can be seen in the artist rendering below. Included in the concept was a portion of the old Wiard Plow factory building, which was destroyed in an alleged arson fire in May. A representation of the destroyed structure can be seen in the lower right of the rendering.

It wasn't easy getting the new Stafford Trading Post location open.

Owner Michelle Macan-Mouery said she had to go through paperwork like you wouldn't believe, most of it dealing with the transfer of her liquor license.

Some applications needed to be filled out multiple times because the ABC was apparently not clear on what it wanted.

“Each application was $35, and I had to fill out three of them,” Macan-Mouery said, “the first one I didn’t fill out right, and the second application they sent me was the wrong one.”

She started filling out paperwork in October of 2009 and it took her until May of 2010 to get her liquor license back.

After 14 years running the Stafford Trading Post at a location in a historic building at the intersection of East Main Street Road and Morganville Road in Stafford, Macan-Mouery decided to move her business less than 50 feet, to a brand-new structure right next door.

Those few feet could have been a hundred miles as far as the state was concerned. The state scrutinized every detail of the liquor license transfer, and according to Macan-Mouery, didn't provide a lot of instruction on how to get it done.

"It was difficult because they didn't tell you exactly what they wanted."

Known to her longtime and loyal customers as "Shell," she opened the new location in February and couldn't sell beer for three months while working things out with the state.

“I lost a lot of business when I didn’t have my license."

Less of a problem, as it turned out, was her decision this summer to stop carrying tobacco products. She balked at paying a $1,000 hike in the license fee to sell cigarettes. But those goods have hardly been missed.

“It hasn’t been a problem, and most people go to the reservation to get cigarettes."

Overall, the move of the Stafford Trading Post, which has served Stafford under various owners for generations, has meant a big boost for the deli and convenience store, Macan-Mouery said.

The friendly atmosphere seems to have moved with the business, and expanded space and a seating area have helped boost food sales, but liquor sales remain half of what they were in the old location.

Macan-Mouery grew up in the Stafford area and worked at the Trading Post when she was 11.

She first decided to move because the building was old and needed many repairs and upgrades.

“This historic site keeps alive the nostalgia of the corner store and makes you feel like you should be purchasing pickles out of a barrel," she said.

But it was no longer meeting customers' needs.

“It wasn’t handicapped accessible and the interior needed a lot of work, and since it is a historic landmark we couldn't change the outside to make it handicapped accessible."

Macan-Mouery has some advice for people that are thinking about moving their business; “you need to know in a year advance that you want to move -- and be sure -- because in New York State you have to start from the beginning.”

At least a half dozen local nonprofits showed up for an open house this afternoon at the former Cristina's Restaurant and Lounge building on Ellicott Street.

Owner Chuck Brumsted says a total of 15 groups have contacted him about a possible donation of the fire-damaged property.

Brumsted, who's still in Florida, wanted to give nonprofit leaders a chance to see the site, taking stock of both its potential and the work that needs to be done to fix it up.

Genesee ARC, GCASA and GCC were among the groups represented today.

For Genesee ARC and GCASA, both organizations are looking at a potential business location to give clients a chance to get work and entrepreneurial experience. 

Maryann Arena from the GCC theater program said she was there to check out the possibility of a downtown theater location. It could give students a chance to learn about a variety of theater production techniques -- bringing more young people downtown in the process.

Pam La Grou, representing GCASA said the site might give her agency's clients a chance to learn how to start and run a business, perhaps a coffeehouse.

"We're just in the exploratory phase," she said.

For Genesee ARC, the location represents the chance to open a retail location for the products the agency's clients produce, from pet beds to baked goods.

"We're always looking for more space," said ARC's Donna Saskowski.

The property obviously needs a lot of work to become something any organization could occupy, and all of the non-profit representatives said that's certainly a consideration before deciding to make a formal application to get ownership.

Saskowski said that Genesee ARC also realizes there are a lot of resources in the community to help reduce costs, such as possibily using the property as an opportunity for construction students at BOCES to practice their trade.

"We certainly have to invest and that is the give-and-take," Saskowski said. "We have to look at the cost per square foot to remodel. It would be an investment. And could this be an investment that we could free up other facilities, or turn another facility over, perhaps that we’re leasing or something like that. It certainly takes a lot of study."

Brumsted said today that given the range of potential applicants for the property, "It's going to be a tough choice."

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.

"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.

The 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.

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.

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.

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.

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.

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.

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."

(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."

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.

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.