downtown

Felicia Pfalzer parleyed two large pizza's into a 42-inch plasma TV this week.

The Darien resident was the lucky winner of a drawing offered by Main St. Pizza Company to celebrate National Pizza Month (October).

Above, Main St. owner Vic Marchese with Pfalzer after presenting the prize this afternoon.

A person alerted me earlier that a parking enforcement officer was on Center Street chalking tires. I went out to try and get a picture, but couldn't find him, only the chalked tires (FWIW, this picture is not of my car. Mine was in a parking lot with one chalk mark at the time).

The person who told me about the tire chalking said she had never seen parking enforcement downtown before. I spoke to a business owner and another office worker -- who always parks on the street -- and neither of them had seen it before. One shop owner remembers parking enforcement one day last summer.

I called Chief Randy Baker to ask if this was something new or what's going on? He said nothing has changed.

"I beg to differ that people haven't seen him out before," Baker said.

Baker said there is a two-hour parking restriction downtown and the city employs a part-time parking enforcement officer who monitors parking, addresses problems when he sees them and responds to complaints.

I asked the chief for statistics on the number of parking tickets written per month and he said that number should be available in a couple of days.

Attorney General Andrew Cuomo, the Democrat running for governor, is reportedly going to make a campaign stop in Downtown Batavia this afternoon. He's scheduled to stop at Larry's Steakhouse, but that could be moved to the Homestead conference facility inside the mall, and he will appear either at 4:30 or 5 p.m. (we've heard different accounts).

One protester is already outside of Larry's. His name is Jay D. Fuller and he's from Medina. His sign reads, "Healthcare is about caring, not $$$" and "Paladino is right." When I spoke to him, he talked about some land-use/political issue in Medina. The connection, I gather is that Cuomo authorized state grants to the family Fuller has a dispute with. "I think he should know who the money is going to," Fuller said.

Meanwhile, as I left Larry's, Joe DioGuardi's tour bus drove by. DioGuardi is a Republican running for Senate. I'm not sure if he was just passing through or if he made an appearance. The bus turned off of Jackson Street, which is where the local GOP has set up shop.

A fire on Thursday caused $5,000 in damage and disrupted business for TopLine Shirt Co. But owners Tim Walton and Rob Credi say normal operations will resume on Monday.

Here's their full statement:

TopLine Shirt Co. is set to resume their normal business hours of M-F from 12-5 p.m. starting Monday, Oct. 25 after cleaning up from a recent fire. TopLine had been operating on limited operating hours since a fire occurred at the shop last week.

The fire started around 6:30 on Thursday night when one of the flash ovens malfunctioned and caught fire. The flash oven is a dryer similar to a large heat gun that radiates heat downward to dry ink onto shirts after they are printed.

The fire quickly spread from the dryer and spread to shirts that were on a nearby table, and eventually to a box of cleaning rags that had cleaning chemicals on them. The fire was kept under control, by owner Timothy Walton, who was able to grab a hose that was connected to the washtub in the nearby bathroom and spray it to keep the fire down.

The total damage is estimated to be around $5,000 which includes the loss of an oven, table, heat press and clothing.

It's "Make a Difference Day," and as part of the effort, four Batavia High School students were in downtown this morning picking up trash on the sidewalks and flower beds. Above, Donald Fagan, a senior at BHS, patrols for litter in a flower bed on East Main Street.

Ray England is 70 years old and lives in Albion. He cleans windows for a living and has a handful of clients in Downtown Batavia.

He was on Main Street this afternoon in his top hat and green scarf taking care of some shop windows when I met him.

He uses a contraption that he built himself. It's quite ingenious. One metal poll with a cleaning wand at the end. A tube is connected to the wand and an air-pressure garden sprayer on a pull cart. England can spray water up the tube and onto the window.

One advantage of the system, he said, is that his hands never get wet, so he can easily clean windows in winter.

The squeegee he uses to wipe the water off the windows has a swivel head so he can handle any shape, including rounded edges, of a window.

The idea for the design came to him after he was seriously hurt in an auto accident.

“My arm was broken in three places and split at the wrist," England said. "For two years I couldn’t use this arm. It was dead meat. That’s when the great Lord above, the great engineer, He designed the universe, showed me this idea. I put it together and I’ve been using it ever since."

England claims to have a patent on the design and would like to find a U.S. manufacturer to build it and sell it so Americans could be put to work, but he claims a German company stole his idea and is building the same system out of cheap plastic.

"Mine is made with steal and copper and I sell it for $600," England said. "They sell theirs for $1,700 and if you drop it, it breaks."

Another great sunset tonight. Here's a couple of shots I grabbed on Main Street.

The Democrats are in the mall, across from Sunny's, next to the north side entrance. The Republicans are at 5 Jackson St., Batavia.

Both campaign headquarters are decorated with candidate signs.

Chris Charvella announced on behalf of the Democrats that they will have a grand opening at 6:30 p.m., Thursday.

No word from the Republicans on their plans.

UPDATE: The GOP open house is now scheduled for 11 a.m., Saturday. Steven Hawley and Mike Ranzenhofer are expected to be on hand.

If a sellout isn't enough measure of success for the inaugural Taste of Fall Wine Walk in downtown Batavia, the obvious fun all the guests and business owners were having Saturday evening, certainly sealed the deal.

More pictures after the jump (you won't see a frown or a scowl in the bunch!):

Vic Marchese has achieved something few small business owners ever get to claim -- in just five-and-a-half years after opening Main St. Pizza Company, he now owns the building.

"I'm just shocked by how much business we're doing," Marchese said. "It's good. It really is. I'm thankful. I'm thankful to the guy upstairs, I guess."

The success has meant, however, that the original Main St. Pizza space at 206 E. Main St., Batavia, has gotten crowded. Marchese said he needs to expand. He certainly needs to expand the kitchen, he said, but he would also like more seating area.

"It's crazy, but on a Thursday, Friday or Saturday, I'll have 20 or 30 people standing out there," Marchese said.

Marchese has thought about putting in a dining room upstairs, but said it would be more cost effective to open up a dining area in the basement. He would also like to acquire space in front of the building from the city and put in a deck or patio for diners.

Marchese didn't make the building purchase on his own. His nephew, Paul Marchese, owner of Marchese Computers on Ellicott Street, is co-owner of the building.

The acquisition comes just in time for Vic to celebrate National Pizza Month in October, a promotion he's getting fully behind, with one lucky customer becoming eligible to win a big screen TV.

Marchese said he loves food, pizza, especially the pizza business. He's been at it for more than 35 years. He worked 20 years in somebody else's pizza shop, then ran Vic's Doghouse on Park Road for nine years, and now Main St. Pizza.

"I really love what I do," Vic said.

Ken Mistler, whose downtown building ownership dropped from 10 properties to nine with the sale, said it was Vic's idea and he supported it because he believes Marchese will be a  responsible downtown landlord. Mistler noted that if a poor owner got a hold of a building such as the one Vic bought, it could bring down his own property values.

"I was glad to sell it to him because I'm sure he's going to take care of the building," Mistler said. "He will be an asset as a landlord downtown."

I just noticed that after years of the Latina's signs staying up on the vacant Ellicott Street market, the signs are now gone.

While in some cases, the city could cite a property owner for old business signs, City Manager Jason Molino said he doesn't think the signs came down because of any city action. So perhaps Latina's, after a summer of bad publicity over seagulls on the building, finally asked that the signs be taken down.

Meanwhile, owner Tom Lewin appeared in City Court last week. Given that the building is now cleaned up, the charges against Lewin could be dismissed in six months if there are no more violations. (via WIVB)

Downtown business owners were on Main Street this morning decorating the sidewalks for fall, putting out hay bales and pumpkins, cornstalks and mums.

Above, Carrie Lawrence from Valle Jewelers delivers mums for planting in front of The Daily Grind.

The merchants will host a wine walk Oct. 2. For more information, click here.

Ken Mistler has hung his giant American flag from the Carr's building for 9/11, which is officially designated as Patriot Day.

Food, music and a day out with your friends and neighbors -- Downtown Batavia's 6th Annual Summer in the City festival appeared to be a success on all of those counts yesterday.

Main Street was bustling all afternoon and into the evening.

More photos after the jump:

Thanks to Abby Scalia and Samantha Luce for helping with balloons at The Batavian booth.

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.

Scratch Tom Lewin off Batavia's "Most Wanted" list.

The man city inspectors believe is responsible for another summer of gull poop and stink around the former Latina's Foodland voluntarily appeared in Batavia City Court yesterday morning with his attorney.

An arrest warrant was issued for Lewin after he failed to appear in court last week. 

On Friday, Amherst PD reportedly went to his house looking for him, but he wasn't home.

Lewin did not enter a plea to the code violation charges against his company, LKLWL Properties, which owns the Ellicott Street building. He is schedule to appear in court again at 10 a.m. on Aug. 20.

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.

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

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

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

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

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

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

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

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

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

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

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

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

Previous coverage of Latina's can be viewed here

Tom Lewin, one of the owners of the former Latina's Market location on Ellicott Street will have a pest control company on site Monday. It will evaluate the gull problem that city residents and business owners have been complaining about for months.

"Hopefully by Tuesday, I'll have their recommendation," Lewin said.

Asked about DEC involvement -- the city was required to get a permit before dealing with the gull issue atop City Centre a couple of years ago -- Lewin said he didn't know anything about that.

"I'm not a gull expert," he said. "Are you?"

Earlier today, Lewin was quoted on the WGRZ website as saying he was cooperating with the city on the issue.

"We are working diligently and cooperatively with the City of Batavia to find a solution," Lewin reportedly said.

Reached this morning, City Manager Jason Molino said he had spoken with Lewin, but also said he would like to see some action before he would call it cooperation.

"If there’s a move over on that property, then I guess you could say that’s true," Molino said.

The city issued a condemnation notice on the building, which could provide a path for the city to take steps on its own to deal with the gull infestation; however, the County Health Board has ruled the gulls are not a public health hazard.

Lewin, principal in LKLWL Properties, has also been summoned to City Court to respond to allegations of code violations at the vacant site.