Business

Press release:

The Batavia Business Improvement District has awarded four more façade improvement grants to its downtown businesses. The recipients are: Kenneth Mistler, owner of City Slickers, 59 Main St.; Rich Clark of CPR (Computer & Phone Repair), 216 E. Main Street; Paul Marchese, Marchese Computer Products, 220 Ellicott St.; and Gerald and Thomas Williams, The Williams Law Firm, 2 Court St. Plaza.    

They received the following matching funds for improvements to their structures: Ken Mistler and City Slickers - $1,944 for new signage on the front and rear of his building; CPR - $286.69 for signage on their frontage; Marchese Computer - $1,205 for signage and gooseneck lighting; and Williams Law Firm - $1,487.50 for awnings on the second floor. These funds were awarded based upon the Business Improvement District’s design guidelines.  

The Batavia Business Improvement District is a not-for-profit, municipal / business incorporated association. It was established back in 1997 by a group of business owners to make improvements above and beyond what the municipality was normally responsible for.

B.I.D. provides programs, events and economic benefits to more than 190 downtown property owners and tenants. It has contributed greatly to the renewed vitality of downtown, the preservation of the character of its structures and development of its streetscapes.

According to Don Burkel, downtown manager, these improvements demonstrate a long-term commitment by these business owners to downtown and positive steps for its future. Eighty-seven businesses within the district have benefitted from this program and received more than $323,380 in funding. You also have to consider that these businesses have reinvested in total project costs of over $2,450,935 in Batavia’s downtown, which is pretty impressive.

Frank Kulikowski has been planning and preparing to open his own design studio since 2008.

The Batavia native graduated from The Art Institute of Pittsburgh in 2005, worked in the design field with other companies, designed and patented a product that's sold on QVC and then returned to Batavia with the idea of taking all he's learned and opening his own business.

Kulikowski did that this week when he opened Frankly Design at the corner of Ellicott Street and Otis Street. (His shop is right behind Foxprowl Collectables and Affliction Ink -- decades ago, the building was the location of Ellicott Street Manor, a restaurant owned by Kulikowski's grandfather.)

Frankly Design's services include logo creation, complete design services for business branding and marketing, laser engraving and product design.

Laser engraving and product design are two areas in which Kulikowski believes he can carve out a unique niche in Batavia.

Kulikowski said he can engrave any sort of wood, glass or other hard surface with logos or messages of personal interest -- such as a headstone for a deceased pet or a cutting board as a custom anniversary or wedding present, or companies and sports organizations might need glass or acrylic awards.

Fans of QVC might recognize Kulikowski's most successful product design project. In 2008, Kulikowski came up with the Tilt-Pot. It's a pot with a pivoting strainer. The design gives cooks an easy way to boil food, such as pasta, and then drain the water without losing any food or getting scalded.

There's no other product design studio in Batavia, Kulikowski said, and he has the background and knowledge to help a product idea get from a concept to a design on paper and finally a prototype that can be shown to companies that might build or market the product.

"I like taking products and making something that’s never been made before," Kulikowski said. "It’s like, ‘Why don’t they make it this way?’ and then take it to the next step, make a prototype, pitch it to companies."

Kulikowski's new business is located at 440 Ellicott St., Batavia, and his phone number is (585) 343-6336.

Officials with Western Regional OTB, Batavia Downs and invited guests were in Rochester today for a ribbon cutting and unveiling of the work done so far on the new marquee signs for Batavia Downs.

The work is being completed by Premier Sign Systems.

Ryan Hasenauer, director of marketing for Batavia Downs, provided the pictures.

Press release:

United Memorial Medical Center is pleased to announce that Urgent Care Services will open at the Jerome Center located at 16 Bank St., Batavia on July 2. Urgent Care will be co-located with Laboratory and Medical Imaging Services.

Urgent Care services are a cost effective and convenient way for patients to receive quality medical care when their primary care physician is unavailable and they do not want to spend time waiting in an emergency room to be treated for a non-life-threatening injury or illness. Co-payments for urgent care are typically less than emergency room co-pays.

UMMC’s Urgent Care Center in Batavia will be well equipped to treat a variety of ailments, including sprains and fractures; cuts and lacerations, animal and insect bites and stings, cold and influenza symptoms; ear infections, pneumonia, bronchitis, urinary tract infections, asthma, sore throats/strep and mono and influenza vaccines.

Urgent Care at the Jerome Center will be supported by United Memorial’s state-of-the-art medical imaging services, the most advanced in Genesee County. The Jerome Center is conveniently located in the heart of Downtown Batavia. It offers handicap accessibility, convenient parking, a gift shop and refreshment kiosk.

In July 2010, United Memorial opened Genesee County’s first Urgent Care Center at 3 Tountas Ave., Le Roy. There were more than 5,000 patient visits to the Urgent Care Center in Le Roy during 2011. This volume had no noticeable impact on the number of emergency room patients treated at United Memorial during the same time period.

Both Urgent Care centers will operate from 11 a.m. to 9 p.m. Monday through Friday and from 9 a.m. to 9 p.m. on weekends.

Jeremy Yasses really misses those Friday afternoon lunches with his dad at St. Nick's, and after a while, he figured the only way he was going to get them back was if he bought the building on South Swan Street, Batavia, and provided the help to reopen it.

Today, Yasses closed on his $40,000 purchase, which included the contents of the building.

At 6 p.m., June 24, Yasses will host a meeting at the St. Nicholas for anybody who is interested in talking about forming a new club.

So far, he said, many former St. Nick's members have expressed interest in getting the club going again.

Yasses has also tried contacting former Elks Lodge members about sharing the space, but so far the response from the Elks has been cool.

"I'm willing to give free rent or a free lease for some period of time," Yasses said. "I really want to get the club going again. If that doesn't happen, well, OK, I have other people interested in the building."

Yasses said there are doctors interested in the space, or it might work for a veterinarian's office, and of course with all the space, the kitchen and large parking lot, it would also work for a restaurant. Whatever the space becomes, Yasses said, it needs to fit the zoning for the sake of the residential neighbors.

Recently, Yasses renovated a house at 38 Montclair St., Batavia, that he purchased out of an estate sale. Prior to that, he renovated a house on Ellicott Street that he purchased at a city tax lien auction.

"I've gotten only positive feedback (from city officials) on the properties I'm going to flip or renovate," Yasses said.

He said the initial feedback from the city has been supportive of his purchase and plans for the St. Nick's building.

Officially, if the new club is formed, it can't be known as the St. Nicholas Club. That business name has too many judgements against it and there are too many vendors that won't work with that business any longer.

Still, Yasses is hopeful the club -- if not in name, at least in spirit -- can be revived.

"I was a member, my dad was a member and my granddad was a member," Yasses said. "My idea is if we can get 300 members -- I believe they had 500 or 600 members when they shut down -- get 300 members to give $100, that's 30 grand. That will get the place going."

Genesee County Economic Development Center has approved the following projects for development incentives:

Batavia Animal Hospital (Perry Vet), 3699 W. Main St. Road, Batavia, is constructing a new 6,300-square-foot facility behind its current building. The project will receive a sales tax exemption of $76,960, a mortgage tax exemption of $16,250 and a property tax exemption of $80,994. Perry Vet is investigating $1.733 million in the project. The project will create five new jobs and retain 11 jobs.

Merrill Lynch, 24 Masse Place, Batavia, is moving into new office space. Merrill Lynch is receiving a $13,360 sales tax exemption. The company's total investment is $867,000. The project will create 16 new jobs.

Genesee & Mohawk Railroad - GVT, 100 Evans St., Batavia, is adding a 2,800-square-foot headquarters building next to a 31,000-square-foot transload warehouse constructed in 2008 for $2 million. The headquarters project will receive $13,600 in sales tax exemption, $3,750 mortgage tax exemption and $42,762 property tax exemption.The company is investing $360,000. The project will create two new jobs and retain 19.

Le Roy Motors, 7000 W. Main Road, Le Roy, is expanding its current facility by 2,400 square feet and renovating its interior. Le Roy Motors will receive $33,600 sales tax exemption, $9,375 mortgage tax exemption and a $29,631 property tax exemption. The company is investing $785,000. The project will create three new jobs and retain 35 jobs.

If you happened by GCC this morning and saw the entire fleet of Turnbull Heating, Air Conditioning and Refrigeration trucks on the parking lot -- no, the college was not undergoing some sort of massive HAVC overhaul.

Owner Bill Hayes, rather, had his entire crew out at the BEST Center this morning getting customer service training.

It's one of several programs offered by BEST to local businesses. Customer service is available to individuals or companies, which can bring their entire staff in for training that's specific to the company, Director Ray Chaya said.

"Sometimes, the best customer service is just better internal communication," Chaya said.

The training not only helps employees communicate with each other better, but with customers, and it stresses the importance of product knowledge, and dealing with customers who might be impatient or irritated.

Chaya said good customer service can also lead to more sales -- when employees have good product knowledge and know how to communicate what they know, it helps customers see the benefits of upgraded purchases.

"You want good customer service because you want people to come back, and word of mouth will help get new customers," Chaya said, "but more knowledge can also lead to more sales."

While Turnbull has long had a reputation for good customer service, Hayes said he's never put his employees through this sort of training before. He called the training program a "Turnbull Tune-Up."

"Nobody is perfect," Hayes said. "There's always room for improvement. We never want to fall down on customer service one iota."

"The BEST Center has some of the most intelligent and knowledgeable people and that's what they do -- they help businesses and people be better themselves. That's why it's the BEST Center."

It was scary, Hayes said, to completely shut down his business for half a day, but it was worth it. His answering service reported back that customers understood.

"Who would have thought when we scheduled this four months ago for a heating and air conditioning company, it would have been the hottest day of the year," Hayes said.

"My employees came out of there feeling very comfortable about where they need to go from here with customer service," Hayes added.

Three-year-old Sam Stisser of Le Roy, enjoys a juicy, fresh strawberry just off the stem at Duyssen Family Farm in Le Roy. Sam was there to pick strawberries with his mother, Kari, who said she brings her three kids out to the farm a few times during the week during strawberry season.

Below, Carissa Graham, 4, was also out at the farm picking strawberries with her mother.

Press release:

United Memorial Medical Center has earned The Joint Commission’s Gold Seal of Approval™ for accreditation by demonstrating compliance with The Joint Commission’s national standards for health care quality and safety in hospitals. The accreditation award recognizes United Memorial’s dedication to continuous compliance with The Joint Commission’s advanced standards.

United Memorial underwent a rigorous unannounced on-site survey in late January 2012. A team of Joint Commission expert surveyors evaluated UMMC for compliance with standards of care specific to the needs of patients, including infection prevention and control, leadership and medication management.

"Achieving Joint Commission accreditation, demonstrates United Memorial’s commitment to the highest level of care for our patients," said Mark C. Schoell, CEO of United Memorial. "With Joint Commission accreditation, we are making a significant investment in quality on a day-to-day basis from the top down. Achieving Joint Commission accreditation, for our organization, is a major step toward maintaining excellence and continually improving the care we provide.”

The Joint Commission’s hospital standards address important functions relating to the care of patients and the management of hospitals. The standards are developed in consultation with health care experts, providers, measurement experts and patients.

United Memorial has received accreditation for three years, from January 28, 2012 to January 27, 2015.

Dignitaries from throughout the county were at the Upstate Med-Tech Center today for the official announcement of $2 million in funding for the STAMP project in Alabama.

The project, if successful, is expected to produce thousands of jobs and the round of funding will help pay for grading and infrastructure improvements for a portion of 1,300 acres targeted for development.

"The investment we’re making today will make STAMP a shovel-ready, high-tech industrial megasite," said Senate Majority Leader Dean Skelos (top photo), who traveled to Batavia today for the announcement. "Long Island, the Hudson Valley and Capitol Region communities are already attracting high-tech companies and high-paying jobs."

STAMP is intended to attract high-tech/clean-tech and nano-enabled manufacturing and Genesee Economic Development Center CEO Steve Hyde (top inset photo) projects an eventual 10,000 jobs at the site, with support and supply chain jobs from Buffalo to Rochester adding another 20,000 positions.

STAMP is most often compared to Luther Forest in Saratoga. According to GCEDC, Luther Forest, in the past five years, has seen $1.5 billion in private investment, and more than 2,000 jobs created.

"Once we bring that site to what we call ‘shovel-ready light’ we will be ready to market the project to some of the largest semi-conductor manufacturers in the world," Hyde said.

Sen. Mike Ranzenhofer (second inset photo) thanked Skelos for helping secure the funding for STAMP and said the project has the potential to transform the region.

"This is really critical funding that will keep the project going and keep it on track," Ranzenhofer said. "We’re a step closer today than we were previously to making sure we develop scientific and technological manufacturing jobs in the future here in Genesee County. I’d rather see them developed right here between Rochester and Buffalo than in another state or another country."

Following the announcement, Skelos and Ranzenhofer met with local and regional media and discussed a variety of issues.

On Cuomo's plan to decriminalize possession of personal use marijuana, both Skelos and Ranzenhofer are adamantly opposed to the measure.

"When you talk to lot of drug counselors, they tell you marijuana leads to a lot of other kinds of addictions with heavier drugs," Skelos said. 

He added, "I don’t believe in legalizing drugs that the federal government has said are destructive to lives."

Ranzenofer said he's following the lead of GCASA in opposing decriminalizing possession.

"They felt strongly that this type of thing is a gateway drug for the very kind of people they’re trying to treat in our communities," Ranzenhofer said. "The experts in our community don’t believe that it is proper legislation and I’ll certainly defer to the experts in our community."

Even though polls show most New Yorkers support losing marijuana laws, Skelos said "the voters in my district on Long Island are not knocking down the door saying legalize marijuana."

On the ethics complaint against Sen. Ranzenhofer: Skelos said he has not received a copy of the complaint filed by Michelle McCulloch, even though it was sent to his office by registered mail. Ranzenhofer said he also has not yet seen it. 

Skelos called the firing of McCulloch, a mother of four children, a "personnel change." He said, "We all make personnel changes in our lives. I’ve done it. We’ve all done it."

Asked about his statement to a Buffalo TV station that McCulloch "knows why she was fired," even though he's said he wouldn't discuss a personnel matter, Ranzenhofer wouldn't comment further, except to say, "It wasn't for political activity."

He also said he's never directed anybody to gather signatures or petitions for Chris Collins, who is running in the NY-27 GOP primary against David Bellavia.

"People have volunteered for the past 50 years," Ranzenhofer said. "I've never directed anybody to do that."

On mandate relief for counties, particularly Medicaid: Skelos said the state simply can't afford to pick up its share of Medicaid costs.

He said NYS has already provided relief to counties, first by capping annual increases at 3 percent, then by agreeing to phase out the local mandate increase.

Counties promised each time not to ask for more help with Medicaid, Skelos said.

"They should be reminded that just a couple of years ago they said, ‘we’re fine,’ we’ll never need to come back again," Skelos said.

Skelos said reporters should ask federal elected officials why some states get 80-percent reimbursement for Medicaid while New York gets only 50 percent.

The Batavian happened to already have an interview scheduled with Rep. Kathy Hochul for this afternoon and we asked Hochul that question.

Hochul said that as a former town board member and former county clerk, she certainly understands the need for mandate relief, but the reason New York doesn't get more help from the federal government is the state has instituted a number of services and programs within Medicaid that are not required. Those additional programs drive up the costs for both the state and counties.

On another unfunded mandate issue, Skelos did agree that if proposed creation of a youth court division in NY's counties goes through, the state should pay for the additional cost. Officials estimate the new court will cost more than $1 million in Genesee County.

On efforts to increase the state's minimum wage, Skelos said he remains opposed to the idea.

"My concern is that if we raise the minimum wage with the fragile economy we have, there would actually be a loss of jobs," Skelos said. "Fifty percent of the people earning minimum wage are young people, age 16 to 24, and the last time we raised the minimum wage, 22 percent of them lost their jobs."

Professor Mike Jackson, RIT, presented officials with framed, commemorative computer chips.

MTV reality show star Johnny Bananas dropped into City Slickers in Downtown Batavia tonight. Bananas made the appearance to help support the new restaurant's opening week. The star of shows such as "Real World" signed autographs and posed for pictures with fans.

Owner Ken Mistler said a big crowd showed up during the piano bar portion of the evening for the restaurant and bar's first Saturday night, even though there was a two-hour power outage downtown.

Batavia's newest All-American restaurant is now open -- City Slickers, at 59 Main St. (the former South Beach location) -- featuring a completely renovated interior with original art and an Americana theme.

The menu is all new, too.

City Slicker's serves 24 different draft beers and there are 10 big screen TVs in the bar area.

The new menu offers a variety items, from steaks and ribs, rotisserie chicken, and cheeseburgers, to quesadillas and a large selection of salads.

Be sure to try the Freedom Fries!

Join the fun on select evenings for City Slicker's upbeat piano bar of Americana and Southern Rock music.

FRIDAY NIGHT: From 7 to 11 p.m., Wes Chapman on piano and starting at 11 p.m., MTV's Johnny Bananas will be at City Slicker's for pictures and autographs.

SATURDAY NIGHT: Wes Chapman is back at the piano from 7 to 11 p.m.

And, The Patio is Open! Come on Down!

After years of cramped quarters in their office on Washington Avenue, Batavia, Creamy Creations cut the ribbon today on their new space in Masse Gateway.

The company now has 7,000 square feet for its laboratory, storage and offices to serve customers throughout the Western Hemisphere.

"We’re definitely optimistic about the future," said Barbara Van Hoorn, VP of the Americas for Creamy Creations. "There’s room to grow and we anticipate hiring more people in the future."

Creamy Creations is a subsidiary of FrieslandCampina, which is based in the Netherlands. Three FrieslandCampina executives were in Batavia for the ribbon cutting, including Roelof Josten, COO of FrieslandCampina (above, Van Hoorn and Josten perform the ribbon cutting).

Currently, Creamy Creations employs nine people in Batavia, with a 10th person starting next week and immediate plans to hire another sales person.

The company creates emulsified beverages, both containing alcohol and nutritional drinks. Many of its drinks are created for and in cooperation with O-AT-KA.

Van Hoorn said the company was created after Bailey's introduced Irish Cream in 1974 in response to customer requests to develop similar products. The company moved from Wisconsin to Batavia in 1993, in part to be closer to O-AT-KA. It now services beverage companies from Chili to Canada.

Creamy Creations is Masse's first official tenant. Merrill Lynch is expected to open an office in the redevelopment project by the end of the summer. Owner and manager Tom Mancuso said Mancuso Development Group is in active negotiations to fill the remaining 48,000 square feet.

Steven Alexander, from the Netherlands, is managing director of Creamy Creations.

Tom Mancuso

The issue of overnight parking downtown was put in reverse by the Batavia City Council on Monday, when by unanimous consent members sent it back to where the controversy started -- the BID Parking Committee.

The council was following the recommendation of City Manager Jason Molino, who suggested the parking committee -- which according to him, initially asked for parking restrictions to be enforced -- come up with a compromise plan.

"We want to try and do what’s best for everyone," Molino said. "Sometimes you can’t satisfy everyone, but we’re going to try to. I think the best thing is have the BID parking committee review the issue further and come back with recommendations."

Molino said the situation is a balancing act of various interests. Parking lot clean-up and plowing requires overnight parking be limited and ideally confined to a defined area, and downtown business owners are worried about employees and customers who need to use the parking lot between 2 and 6 a.m. getting tickets.

About a dozen local business owners attended Monday's meeting, along with BID Director Don Burkel.

Burkel informed the council that the BID board met earlier in the day and agreed that overnight parking fees should not be increased.

"In light of trying to promote downtown for residential use, as well as for shopping and restaurants and other various businesses, the board is in favor of avoiding any increases so as not to shortchange (downtown) in any way," Burkel said.

Louis Kingsbury, an employee of Ken Mistler and Jerry Condello, spoke as a representative of local businesses.

Kingsbury listed off a number of concerns: Where are employees supposed to park whose shift ends after 2 a.m. or starts before 6 a.m.? Who's liable when a plow hits a parked car?

"I'm just trying to figure out a solution to the whole scenario so it's feasible for everybody," Kingsbury said.

Condello delivered pages of signatures on petitions of people opposing overnight downtown parking restrictions.

Council members had a variety of initial reactions. John Canale wondered why people pay for parking when they've already paid for the parking lot through their taxes. Jim Russell said some sort of order and structure is necessary to the parking situation.

And if bar patrons decide not to drive home and still wind up getting a ticket, well that's a small price to pay compared to a DWI, Russell said.

Bar owners argue that customers won't necessarily look at it that way, but Molino said there is an application process in place for anybody who gets a ticket under extenuating circumstances.

The fee for the overnight parking permit is necessary, City Attorney George Van Nest said, because there are court cases that prevent government agencies from giving away taxpayer-owned property. A parking spot is a piece of real estate and if you're going to give a person special permission to use the property when others can't, there needs to be a fair-market price attached to that use.

Molino established the overnight parking fee -- which he can set under local law -- at the same rate as a garbage Dumpster fee, under the premise that the fee establishes market value for that much space being used by a private party.

So far, a total of nine overnight parking passes have been purchased by downtown residents. Tickets and fees account for only about $1,000 in city revenue, Molino said.

Press release:

Steve Hyde, president and CEO of the Genesee County Economic Development Center received the Economic Developer of the Year award by the New York State Economic Development Council (NYSEDC) at the organization’s annual meeting on May 24th in Cooperstown. Hyde also was named vice-chair of the NYSEDC’s board of directors.

“Steve has shown strong, creative leadership in leading the ongoing transformation of Genesee County into one of the state’s most promising regions for growth,” said Brian McMahon, executive director of NYSEDC.  “Steve’s colleagues in New York’s development community especially admire his balanced approach to development. He has built a broad portfolio of success that includes high-tech development, agri-business related growth and life sciences based opportunity, and development of housing and livability-related initiatives.”

In presenting the award to Hyde the NYSEDC cited that since 2003 more than 300 economic development projects have come to Genesee County generating more than $610 million worth of capital investment and the creation of approximately 3,149 jobs.

“While I am humbled by this award and recognition, it would not have been possible without the strong collaboration between the public and private sectors in Genesee County and the dedication and hard work of my staff,” Hyde said. “I want to especially recognize the leadership of our board and our board Chairman John Andrews and Genesee County Legislature Chairwoman Mary Pat Hancock as well as all of the elected officials who represent Genesee County.”

The GCEDC also was the recipient of certificates of excellence for the organization’s electronic newsletter and Web site, and received an honorable mention for its marketing and promotional materials.

Photo: The Batavian file photo.

A Plattsburgh school teacher with a passion for troubled youth and for paintball has opened a game facility at the Genesee County Fairgrounds.

Jared Hogle said when there are competitions, teams will travel from all over the region -- from Syracuse, Binghamton and, of course, Rochester and Buffalo, which have a lot of tournament-level players.

"Batavia's centrally located and no more than two-and-a-half to three hours away from any of these places," Hogle said, explaining why he decided to open the facility in Batavia.

For about six years, Hogle has operated the Legacy Paintball Park at the Clinton County Fairgrounds in Plattsburgh.

"It's the third most popular sport in the world now," Hogle said. "Millions and millions of people play it. ESPN broadcasts tournaments, it's live streamed. It's the second biggest alternative sport in the United States."

But the new Batavia park isn't just for tournament players. It's open to any group -- church groups, scouts, bachelor parties, etc. -- they can all rent the facility.

Hogle also hopes the park will become a resource for local youths looking for positive activities.

"Ironically, Batavia isn't much different than Plattsburgh," Hogle said. "I drove around the streets last night and I saw kids walking around with nothing to do."

Kids with nothing to do, Hogle noted, get into trouble, but some of them also develop potentially destructive attitudes.

In Plattsburgh, Hogle has taken to bringing in bands with "positive" messages for the youth.

One band delivered a message about suicide and 150 kids at that show filled out counseling slips seeking follow-up phone calls.

"The kids are hurting, man," Hogle said. "The kids are hurting in school. We’ve had in the last month in Plattsburgh alone, we’ve had three or four people kill themselves. That’s where my passion is, to do the outreach, and if paintball can be a mediator to do that, and we can bring that positive music into the Batavia area, then that's where my passion is."

Hogle said in late summer, the paintball park will be moved to the west side of the fairgrounds, over by a wooded area, and another paintball playing area will be created in the woods.

His dream is that his business makes enough money that he can devote his full attention to it and provide more resources for youth, more positive venues for them to focus their attention on.

"I would love," he said, "if we ever make money, to put in a high ropes course up here and a rock climbing wall, get more people out and show there’s different ways to process troubled times rather just getting frustrated and getting to the point that you’re so depressed you take other matters into your hands."

Hogle anticipates the park being open during this summer's county fair and that there will be demonstrations and equipment rentals for people to try out the sport for themselves.

Contact information for Hogle can be found on his Web site.

A Batavia business whose owner previously said he was no longer selling products that had recently been banned by the state, appears to have kept right on selling the product, which he refers to as potpourri, but is also commonly known as synthetic marijuana.

Jason Lang, owner of The Laughing Buddha, at 238 Ellicott St., said today that he is sold out of potpourri, without specifying the time period in which he sold out his stock, and that he will soon offer a replacement product that he believes is 100-percent legal.

On Wednesday, either Lang or a representative of the store posted on the company's Facebook page, "We are temporarily out of potpourri! New merchandise coming soon!"

Sources have told The Batavian over the past few weeks that it was possible to still buy synthetic marijuana at The Buddha. You just had to whisper to an employee, "potpourri."

Lang didn't deny the allegation, but insisted that he is sold out and won't restock because after research and further consideration, he's decided he can't ethically sell products that are potentially harmful to customers.

The new product, which Lang said he found at a trade show in Atlantic City, is entirely natural -- no chemicals, no synthetic cannabinoids (so it's apparently not covered by the NYS Health Department ban), and it doesn't even carry the "not for human consumption" label warning.

"The new product is made from damiana leaf and mixed with an Asian herb," Lang said. "It provides a euphoric feeling, but it is chemical free. It's all natural."

David Whitcroft, interim health department director for Genesee County, said his department had suspicions that The Laughing Buddha was still selling products covered by the health department order, but didn't have proof.

"We haven't been there for more than two or three weeks, but we get lots of complaints," Whitcroft said. "When we go to the store for inspection, there's nothing on the shelves."

The county's ability to enforce the ban is also limited. The only thing local officials can do, Whitcroft said, is notify the state of any evidence of a violation and let the state take it from there.

Jeffrey Hammond, spokesman for the NYS Health Department, said that if the state learns of a store violating the order, it would take the complaint to the Attorney General's Office and the AG would have the power to start a process that could lead to a $2,000 fine per violation.

So far, the state hasn't sought fines against any store owners, but that might yet happen, Hammond said, without specifying any stores that may be targeted for further enforcement action.

Under the order, shop owners could challenge the state's contention that synthetic marijuana is harmful to human health. Four store owners -- none in Western New York -- did in fact seek an administrative hearing on the question, Hammond said. The hearing was held last week but the judge has not yet issued a decision.

Both the Senate and Assembly have passed legislation making synthetic marijuana a controlled substance. The two chambers must now compromise on final legislation to send to the governor for signature.

"We feel that the issue is not one of street sales, but that store owners are making the sales," said Chris Bresnan, spokesman for Assemblyman Kenneth Zabrowski, the sponsor of the Assembly bill. "When store owners realize there is a criminal penalty, we feel they will cease to sell and distribute these products."

If compromise legislation is passed before the end of the session in June, and the governor signs it into law, it would take effect in September.

Bill Ruffino, owner of Bill's Auto on Evans Street in Batavia did a little giving back today. Ruffino, who is on the advisory committee for the automotive program of the Genesee Valley Education Partnership drove to Mt. Morris and conducted a seminar for the students on software transfer and computer programing on automotive computers and modules.

"This not only allowed the students to see this process firsthand, but it also started them networking with a leader in the industry that they hope to someday soon be a part of," said Michael Johnson, the class teacher, who provided the photo and information.

I stopped by the Ag Park this afternoon just to see how construction is coming along -- Haskell has made some visible progress on the Pepsi/Muller Project Wave plant.

I happened to be on hand when some bedrock was blasted from the ground.

Perhaps not surprisingly, this sign warns that only Pepsi products are allowed in the construction area.

For those keeping score, it look like a majority of the vehicles in the employee parking lot had New York license plates.

Meanwhile, most of the work for the new Alpina plant is now taking place inside the new building. Alpina is on schedule to start producing yogurt in Batavia some time in August.

I didn't get a picture, but the Marktec building is completed.