Business

Press release:

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.

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 décor products.

The decision to expand in Batavia, NY, is fueled by major growth in the company’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's Club all carry Koolatron products, along with dozens of other online sites.

“Our business keeps growing and we can barely keep up with the warehouse space we have right now,” says Koolatron President Arun Kulkarni. He adds that keeping pace with the boom in online shopping is priority for the company.

“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,” Kulkarni said.

The expansion of Koolatron’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’s growing U.S. customer base.

Previously: GCEDC board approves Koolatron and Premiere Credit projects

Daphne's Restaurant & Lounge, at 341 S. Swan St., Batavia, has closed.

The restaurant opened in September 2010 at the former location of St. Nick's Social Club.

Reed Eye Associates held an open house and their official ribbon cutting today at their new location in Batavia on Washington Avenue (the former school administration building).

From left, Dr. Ronald Reed, Chamber President Tom Turnbull, Assemblyman Steve Hawley and Dr. Alan Bloom.

Previously: New home of Reed Eye built with historic preservation and customer care in mind

Frost Ridge Campground is on the brink of insolvency, the attorney for Greg and David Luetticke-Archbell told Judge Robert C. Noonan during a court hearing today.

He's seeking at least temporary relief from the ban on live shows at the campground in Le Roy.

Today's hearing was held so attorney Mindy Zoghlin, representing the people suing Frost Ridge over live music shows at the campground, could make a motion to re-argue one of the issues under consideration by Noonan.

Attorney David Roach, representing Frost Ridge, would have liked today's appearance to have been a hearing on his motion to dismiss the lawsuits against his clients.

Roach was hoping there would be testimony today on when the Zoning Board of Appeals filed minutes from its September 2013 meeting where it determined Frost Ridge was in compliance with Town of Le Roy zoning law.

Roach tried to make the case during the hearing that Noonan needs to revisit sooner rather than later his temporary order barring live music and alcohol service at Frost Ridge.

Noonan wanted the attorneys to focus on coming up with a time for a hearing on the ZBA filing.

After attorneys met privately and then met with Noonan in his chambers, it was determined that the hearing will be at 9 a.m., Aug. 21.

In the meantime, Noonan agreed to let Roach draft an order that would temporarily lift the temporary restraining order and allow Frost Ridge to hold a live music concert Aug. 9.

That's the date Blackberry Smoke, one of the more popular acts to perform at Frost Ridge each year, is scheduled to return.

In open court, Zoghlin tried to suggest to Noonan that allowing any shows prior to resolution of the ZBA filing status isn't necessary because Noonan has already ordered that if Frost Ridge prevails in the lawsuit, they are entitled to nearly a quarter of a million dollars in restitution.

Of course, even a quarter of a million dollars somewhere down the road won't necessarily help a shuttered business reopen, which is why Roach is pushing for some mechanism to allow the bands to play on.

"The reality they are not facing is where the preliminary injunction effectuates the relief the town is seeking and (in previous cases) courts are loathe to allow preliminary injunctions to provide ultimate relief," Roach said during the hearing.

The big hold up in the case is getting either the ZBA's clerk or the town's code enforcement officer, or both, to testify as to a general time frame of when minutes from the ZBA's meeting in September 2013 were filed.

The town clerk has provided an affidavit attesting to the fact that the minutes were filed, she just couldn't remember when.

If the filing date is proven to be any time before April 8 (even if the exact date is not established), then Roach's motion to dismiss the lawsuits filed by the Town of Le Roy and the Cleere and Collins families could potentially be granted by Noonan.

Under New York law, people who wish to challenge a board's decision have 30 days to file such a challenge. The clock starts ticking when a written, public document memorializing the decision is filed with the jurisdiction's clerk.

Noonan ordered more than two weeks ago that a hearing on the ZBA minutes should be held immediately.

The hearing still hasn't taken place, in part because Noonan's court has been busy, which Noonan admitted, but Noonan also laid much of the blame on the shoulders of the attorneys for not agreeing on a time.

Roach expressed a great deal of confidence that either the town clerk, the ZBA clerk or the code enforcement officer for the Town of Le Roy, should be able to testify that the minutes were filed well before April 8, and probably in 2013.

The threat of losing that motion is apparently what prompted Zoghlin's motion today to invalidate the ZBA's determination favoring Frost Ridge all together.

Zoghlin's motion is for a "jurisdictional defect." In essence, she's arguing that because there is no formal document memorializing the ZBA's decision, and no formal process that Frost Ridge followed requesting a ZBA ruling, the ZBA had no authority to make its determination.

Roach said there's no written law and no case law that support's Zoghlin's position, also for a motion to re-argue a point from a previous hearing to be successful, the point must have been argued in the first place. Roach said that since Zoghlin (and she disagrees with Roach on this) didn't raise the "jurisdictional defect" argument the first time around, she doesn't get to re-argue it now.

"If the court did not have that jurisdictional defect argument advanced before it in response to my motion to dismiss, there's nothing for the court to have overlooked or misapprehended," Roach said. "The court of appeals has ruled that you cannot bring a new argument to a motion to re-argue."

If Noonan grants the order being drafted by Roach to allow live music at Frost Ridge between now and the hearing on the motion to dismiss the lawsuits, Roach said there will be reasonable restrictions attached. For example, there would be a limit on the decibel levels of the show.

"Frost Ridge, and I want to make this perfectly clear, Frost Ridge did not and does not presently have any intent of causing an unreasonable noise disturbance to its neighbors," Roach said.

The Raceway Mini-Mart at 629 E. Main St., Batavia, has closed.

A customer contacted us last week about the impending closure and said the store shelves were nearly bare as the owners wound down their operation of the location. She said the owners told her annual rent increases were making it harder to keep the business going. 

She said she was sad to see them close.

"They are the nicest store owners I have encountered," she said. "Every time I’ve gone in there I have just felt that they were so appreciative of my business, and their friendly nature is just so welcoming."

The property is owned by Kevin Brady, president of Townsend Energy in Le Roy.

Brady wasn't available for comment, but a Townsend employee said the building has been leased to another operator and will reopen, but no name or opening date is available at this time.

Photo and some reporting by Alecia Kaus / Video News Service.

Jim Fulmer John McKenna

Press release:

After 26 years as president and CEO of Tompkins Bank of Castile, James W. Fulmer is retiring from those roles at the end of this year, but will remain as chairman of the bank’s Board of Directors, said Stephen S. Romaine, president and CEO of Tompkins Financial Corporation, the bank’s parent company.

“Jim has been instrumental in Tompkins Bank of Castile’s growth and success for the last quarter century, growing the bank from five locations with assets of $85 million in two counties, to an influential financial services organization with 17 offices in five counties and $1.2 billion in assets,” Romaine said. 

In addition to remaining as chairman of Tompkins Bank of Castile’s Board of Directors, Fulmer will retain several other corporate roles, including vice chairman of the Tompkins Financial Board of Directors, chairman of the board of Tompkins Insurance Agencies, and member of the boards of Tompkins Financial Advisors, Tompkins Mahopac Bank and Tompkins VIST Bank, all affiliates of Tompkins Financial Corp. 

“My position with Tompkins Bank of Castile has been extremely fulfilling because of the team of employees who are dedicated to providing top quality financial services and serving our Western New York communities,” Fulmer said. “Any success we have accomplished is the result of their combined efforts and the expertise of so many talented coworkers.

“My continued involvement at a strategic level will allow me to assist further growth of our affiliates, but also to enjoy some of the benefits of retirement,” he added. 

Fulmer is active in a variety of professional organizations, including the board of directors of the Federal Home Loan Bank of New York and was recently appointed to the Federal Reserve Bank of New York Community Depository Advisory Council. He actively serves as a member of the board of directors of Erie and Niagara Insurance Association of Williamsville, Cherry Valley Insurance Agencies of Williamsville, the United Memorial Medical Center of Batavia, and is vice chairman of WXXI Public Broadcasting Council of Rochester. 

He and his wife, Marjorie, live in Le Roy. They have three grown children. 

John McKenna Named New President & CEO

The company Board of Directors has named John M. McKenna president and CEO to succeed Fulmer. McKenna has been a senior vice president at Tompkins Bank of Castile for five years, concentrating in commercial lending.

“John has the depth of knowledge of banking, our company’s culture and the Western New York community to continue the bank’s success,” Fulmer said. 

McKenna brought more than 20 years of banking experience to Tompkins Bank of Castile when he joined the organization in 2009. 

A Rochester native, McKenna earned a bachelor’s degree in economics from the University of Rochester in 1988 and his M.B.A. in finance and marketing from the William E. Simon School of Business Administration in 1992. 

He resides in Brighton with his wife, Martha, and their four children. Active in the community, he is a board member of the Bishop's Stewardship Council for the Diocese of Rochester, Medical Motor Service of Rochester and Monroe Community Hospital Foundation, and treasurer of Al Sigl Community of Agencies.

Tompkins Bank of Castile is headquartered in Batavia, where McKenna will have his office.

In the past, when Dr. Ronald Reed has expanded his practice, he's erected gleaming new buildings from the ground up.

But not in Batavia.

Reed Eye Associates has opened its sixth location and Reed selected a location with character and ambiance and a bit of history.

The brick building at 39 Washington Ave., across from Austin Park, was most recently the City Schools administration building, but when originally built in 1903 by Edward Dellinger, it was an elementary school.

Batavia's most prominent architectural firm of the time, Henry Homelius and Son, designed the building.

In remodeling the interior, Reed has kept to an art deco theme with a touch of modernism in keeping with the character of the building.

"I saw the building listed online and went to the site and looked at the building and liked it," Reed said. "I called Tony Mancuso, who had the listing, and he gave me a tour. I thought, 'this building needs a lot of work, but it has some great bones.' "

Refurbishing the building also uncovered a little history. One brickmason left behind a note found in the stairwell that said the best men laid the bricks. Another worker in 1939 put a note in a bottle, which was found in a wall, that said "if you're reading this note, it means by now we're all in hell."  

Then there was letter on YMCA letterhead and postmarked 1913, address to a young Myron Fincher. The apparently mimeographed letter speaks of a young man worthy of attention who exchanged a correspondence with Frank Crane, a Presbyterian minister and newspaper columnist. The letter references the enclosed newspaper column, but the column was not in the envelop.

Fincher was born in 1898 in Corfu and worked on the family farm. His fondness for animals brought him to Cornell University. He became an internationally prominent veterinarian. Early in his career he received the Borden Award from the American Veterinary Medical Association. By the 1960s, he was working overseas in places such as Peru, Uruguay, Brazil, Greece, Nigeria and Italy.

Reed said it was thrilling for these little bits of history to be found in his old building.

Reed's company purchased the property from the school district in 2012 for $500,000 and its 13,452-square-foot building. The renovations cost more than $1.5 million and helped put the property back on the tax roles. Reed Eye received $140,861 in tax incentives through Genesee County Economic Development Center for the project.

The expansion of the practice, which was founded in Bushnell's Basin (Pittsford) in 1978 has come, Reed said, as the practice attracted more and more patients. Each time an office would grow beyond its capacity, rather than expand that location, Reed looked at his patient list and figured out where he had a concentration of patients who were driving some distance to get to his office.

First, Reed Eye expanded to Greece, then Irondequoit, then Newark followed by Sodus.

Expansion has been driven, Reed said, by his belief that doctors should focus on their patients.

No long ago, he said he was asked to speak to a group about the secret of his success. He declined, he said, because "there is no secret."

"My word of advise is 'take good care of your patients and your patients will take care of you,' " Reed said. "If that's the focus of your practice, the patients will build your practice. If you don't, you won't have a practice."

With more and more patients from Genesee County, particularly because of a partnership with Dr. Bill Lapple in Le Roy, Batavia seemed to be the natural choice for a sixth office complex.

Reed said there were simply no suitable sites for the office, which was one reason he considered the old school administration building.

The fact that it's large, with plenty of parking (and room for more), centrally located in the city and across the street from a park, where all advantages.

"The park helps give it a nice bucolic feel," Reed said.

In the redesign, as much of the old building was preserved as possible -- the arches, the worn stairway trampled by thousands of students over the years, and the old woodwork. There's even an old desk from the library that is being restored and will be a centerpiece of the entry hallway.

"I've had an interest for some time in historic preservation," Reed said. "We have a 100 year old house in East Rochester that we've been restoring. This seemed like the right thing to do."

The focus on historic preservation shouldn't imply that the practice isn't state of the art. Reed's optometrists, opthamologists and opticians (and even a facial plastic surgeon) have all new equipment to work with.

Read also believes in supporting the communities he does business in. He hires locally as much as possible, he said. Four key employees already with the Batavia office are longtime Batavia or Le Roy residents.

"When a patient walks in the door, they should recognize the people who work there as members of their community," Reed said. "I want to support the town because if the town supports me, it has to be mutual. We want to keep the dollars local."

There will be a ribbon-cutting and open house for Reed Eye Associations at 2 p.m., Friday.

Optomistrist Kimberly Rosati with patient Tanner Richardson, who was in the clinic Wednesday learning how to put in his new contact lenses (picture below).

Dick McClurg says "they don't call me the dreamer for nothing."

"The Dreamer." That's what's stenciled on his 1932 Ford hot rod roadster. His dream car.

"I wanted one all my life. I waited 50 years for that one."

McClurg has about a dozen classic cars scattered around his shop location, Old World Collision on West Main Street Road, Batavia, that many of us would consider dream cars -- a Mustang, Corvette, BelAir, Thunderbird, Charger,  '41 Mercury, Cadillac El Dorado, and old coupes buried under a a couple of dozen rusted bicycles.

Many in some state of restoration; some in permanent disrepair and destined for Ed Arnold's.

"Rust is my life," he said.

Now that McClurg is retired, he has more time to work on his own projects (he emphasized, he's not looking for new business), hence the completion of the roadster.

He's just about finished the restoration on his shop car, a 1949 Chevy panel truck. It hasn't been on the road for 31 of the 36 years he's owned it.

What was wrong with it?

"Everything," he answered. "Body off the frame, every nut and bolt. It's probably one of the most rotten pieces I've never tackled."

The old delivery wagon sat out front of his shop for awhile this morning, gleaming in the July sun.

"I've probably had plenty of opportunities to sell it, but if the day ever came where I could handle getting it on the road, then I'd have to go buy another one, so I'm glad I didn't."

My stop in McClurg's shop this morning -- a stop I've intended for a long time -- was prompted by a 1957 Caddy. 

At the accident near Wortyndyke today, I was reminded of a classic Caddy I'd seen -- and a firefighter had seen -- parked over on Pearl Street, at LaWall's Collision.

The shop owner there told me, yeah, it had been parked out front, a real traffic stopper while it was there, but after some rear end repairs, it had gone back to Old World.

McClurg said the baby blue Caddy is a project for one of his few remaining customers.

Another dream car about to become reality.

Via Orleans Hub, a documentary on the difficulty WNY dairy farmers face because of current immigration policy.

Fruit and vegetable farms have access to legal foreign workers through the H2A program, but the federal government hasn’t made that possible for dairies because the work isn’t considered seasonal. Dairies haven’t had much success finding local Americans to work the night shifts.

Many dairies say they have been forced to hire Mexicans who don’t have proper documents. They are hard-working and dedicated, but they are also vulnerable to sudden removal by immigration officers. Germano interviews one dairy farmer who will soon have long-term milking employees deported.

“I am tired of the inaction in Washington,” a WNY dairy farmer tells Germano. “We’re trying to run a business. We’re the ones caught in the crosshairs between the government that makes the laws and the other agency that has to enforce the laws.” 

Guitarists tend to have dream guitars -- a Gibson Les Paul, a Fender Stratocaster, a Guild Starfire, a Martin D-28 ... all expensive guitars.

And these days, often machine made.

What if there was a guitar available locally that was handmade and affordable?

That's the market Dave Watson is going after with Watson Guitars.

Watson has been making custom guitars for more than 20 years and started selling his handcrafted creations in 2009.

This week, he finally was able to open a storefront where he can sell guitars he's finished or take orders for custom guitars (soon, he'll have a new Web site that will allow customers to order custom guitars).

"A lot of your handmade guitars are three, four, five thousand dollar instruments, which, you know, I've made a few that are up in that price range, but for the most part, I try to keep my basic models affordable," Watson said. "My basic models start at $399. If you can find a better guitar for $399, buy it."

Once a professional musician, Watson found that it was hard to find bass guitars really suitable to his size. Bass players tend to be tall and lanky. Watson's under six feet tall, so he wasn't entirely comfortable with an off-the-shelf model.

He decided to build his own bass.

He found he really liked working with wood.

"It's in my blood, just as much as playing," Watson said.

After suffering some hearing loss, Watson had to step off the stage and away from bands, but he couldn't stop making guitars.

He figures he's made and sold hundreds of guitars.

Each one handmade, unique.

"I always put it this way: It's the imperfections that make a guitar perfect," Watson said.

He thinks something has been lost for the discriminating guitar player with the market flooded by cookie-cutter guitars, sliced and sanded to identical specifications by computer-controlled machines.

"There isn't a personal touch," Watson said. "As far as I'm concerned, there isn't a guitar made today that will ever be as valuable as a '59 Les Paul, because someone made that guitar with their own two hands."

The typical Watson guitar has his signature look -- both the headstock and bottom of the guitar are cut out with a kind of W shape.

Watson's target market is the local musician -- the player with an ear tuned enough to recognize a quality sound, fingers sensitive enough to pick up the response of quality material and an eye for beauty, but who can't afford to lay down thousands on a guitar.

"There's a big difference between the sound of a machine-made and a handmade guitar," Watson said.

Watson's shop is at 57 Mill St., Le Roy, and he had to get a zoning code variance to open the front up as a retail shop, but with that done and the space spiffed up, he's ready to meet with players who either want to select something hanging from his walls or sit down and design the guitar of their dreams.

"As long as it's not a copy of something, we try to build their design the way they've always wanted it," Watson said.

Customization can include airbrush designs by a local artist and fiber-lighted top dots on the fretboard.

The New York Times writer Eliane Sciolino says, "the perfect bistro is a place where the dishes are traditional, the ingredients seasonal, the service attentive, the price acceptable and my relationship with the chef close enough that I can visit the kitchen when the meal is over."

Welcome to Pasquale's.

Mama Fasano promised us an intimate eatery filled with the treasures of family and the recipes of generations served in a warm and friendly atmosphere.

She's kept her promise.

The restaurant, at 341 Ellicott St., opened two months ago -- lunchtime only -- and is packed every afternoon.

It's the perfect kind of small lunch place for Batavia -- Italian classics such as ravioli, chicken cacciatore, tripe soup, pasta fazool, prepared and served by a longtime, local family, seated among your friends and neighbors (if you know anybody in Batavia at all, you'll run into people you know at Pasquale's).

The menu features a regular rotation of daily specials, plus a select few daily standards (for example, pasta and meatballs, of course, or beans and greens). Everything is fresh and homemade and as delicious as it looks. For your sweet tooth, try the cheesecake, which is thin and scrumptious, and comes with a dollop of real whipped cream on the side.

Batavia is blessed with a bounty of excellent, locally owned restaurants. Pasquale's is another great addition.

Press release:

Definitive agreements have been finalized by Rochester Regional Health System (RRHS) for previously announced alliances with two hospitals in the greater Rochester and Finger Lakes region. United Memorial Medical Center (UMMC) in Batavia, Genesee County, and Clifton Springs Hospital & Clinic (CSHC) in Ontario County are both expected to join RRHS by the end of 2014.

The formal binding agreement with each hospital, which lays out the terms and conditions for the hospitals becoming a part of Rochester Regional Health System, was developed by the leadership of Rochester General Health System (RGHS) prior to joining with Unity Health System to form RRHS and the leadership of each hospital. The agreements were unanimously approved by the boards of RGHS, CHSC and UMMC late last month, and then assigned and accepted by the newly formed Rochester Regional Health System at its inaugural board meeting in July.

RRHS was officially formed on July 1 as a union of Rochester General and Unity health systems, with a mission to provide a 14-county region with seamless, highly coordinated care. By joining Rochester Regional Health System, the two hospitals will ensure that the patients in their communities will have the same high quality care they are accustomed to as well as improved access to an integrated network of nationally recognized specialty services when required. 

“As health care reform continues to cause the most sweeping changes to the hospital industry in more than a century, rural hospitals in particular are struggling throughout the U.S.,” said Mark Clement, co-CEO of Rochester Regional Health System, “Through these alliances, the forward-thinking leaders of United Memorial and Clifton Springs will enable the residents of Genesee and Ontario counties to continue to have access to and receive world-class care, right at home in their communities.”

Warren Hern, former CEO of Unity Health System and now co-CEO of the new system agreed, noting that this growing regional footprint was among the many factors that caused the Unity Board to decide nearly 18 months ago to join forces with Rochester General.

For a number of years Rochester General Health System had maintained clinical collaborations in key service lines with United Memorial and CSHC as well as other area hospitals, to help those providers better meet their communities’ needs.

“This is the logical progression of a longstanding relationship between United Memorial and Rochester General, which has enhanced our hospital services and benefited our community,” said Mark Schoell, CEO of United Memorial Medical Center. “With this permanent, comprehensive alliance, United Memorial will become the western hub of an emerging leader in integrated health services.”

“We’re excited to finalize our plans to officially join Rochester Regional Health System,” said Lewis Zulick, MD, acting CEO of Clifton Springs Hospital & Clinic. “In order for us to sustain the highest standards of community health, our patients must have access to the complete continuum of high-quality care. Working closely with Newark-Wayne Community Hospital, we look forward to serving the Finger Lakes region as the leading provider of comprehensive care.”

“We’re very pleased to be moving forward with formal plans to join forces with these respected organizations,” said Robert Dobies, board chair of Rochester Regional Health System, “and extend our footprint of extraordinary quality, patient satisfaction and value to the west and east.”

Work has finally begun on the new McDonald's location in Eastown Plaza, Batavia.

First order of business, removing the paving on the parking lot of the site pad.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for application for assistance from United States Gypsum Co. (USG) at the July 10, 2014, board meeting. 

United States Gypsum Company Co. (USG) is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY. The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility.

The upgrades will consist of three phases and is expected to commence in 2016. The projected capital investment is approximately $23 million and the investment will retain 98 manufacturing jobs and create 12 new production jobs.

In other matters, Graham Corporation’s 2013 project with the GCEDC involved expansion of its operations on Harvester Avenue, Howard Street and Florence Streets, in the city of Batavia. There has been a longer than anticipated construction time on these projects and Graham Corporation is requesting a PILOT amendment in order to delay the commencement of the PILOT by one year. This amendment will not result in any additional incentives for the project.   

“The significant investments in businesses right here in our region is strongly reflective of the ongoing economic growth we continue to witness in all industry sectors,” said Wallace Hinchey, GCEDC Board chairman.

Judge Rorbert C. Noonan wants more information before he decides whether to dismiss one or both of the lawsuits against Frost Ridge Campground in Le Roy.

In a written decision this afternoon, Noonan held off making a decision on the motion to dismiss the suits as well as on the motion to lift the temporary injunction against amplified music at Frost Ridge.

He's ordered a hearing as soon as possible on the assertion by attorney David Roach that the statute of limitations has expired for challenging the Zoning Board of Appeal's determination in the Fall of 2013.

"While Frost Ridge and the ZBA submitted that such minutes were filed with the Town Clerk 'within a matter of days' after the October 22, 2013 meeting," Noonan wrote, "the Town Clerk submits that she 'cannot pinpoint the date (the clerk of the ZBA) delivered the minutes of the Sept. 25, 2013 meeting to her," and that they are customarily filed only 'sporadically.' Therefore, on the existing record, Frost Ridge and the ZBA have failed to carry their burden of proof on the issue."

The ZBA clerk is currently involved with medical issues, Roach told Noonan during today's hearing, and is therefore unavailable to provide an affidavit on when she filed the minutes.

She is expected to be available in a week, he said.

Frost Ridge is fighting twin lawsuits: One filed by the Cleere and Collins families, who own adjoining property, and one filed by the Town of Le Roy asserting Frost Ridge not only is barred by the zoning ordinance from hosting amplified music concerts, but has grown beyond what was grandfathered in when the current zoning ordinance was adopted.

Under NYS law, any party challenging the ZBA's determination would have 30 days from the time the decision is filed to legally seek to overturn the decision. If it can be proved by the defendants that minutes were filed with the Town Clerk in the Fall of 2013, that would be much more than 30 days and could therefore provide grounds for the lawsuit by Cleere/Collins to be dismissed.

What happens with the Town of Le Roy's lawsuit against Frost Ridge is a little more complicated.

"Nor will the Town's action be dismissed for failure to join the ZBA as a defendant," Noonan wrote. "Although the ZBA may wish to intervene in this case, it is not a necessary party to the Town's action to enforce its zoning laws; and, it is questionable whether the Town is collaterally estopped by the ZBA's determination."

Noonan's ruling seems to back the assertion by the defense that the ZBA made a valid determination that land use at Frost Ridge in 2013 was a legal, preexisting, nonconforming use.

"Thus," he writes, "contrary to the Town's contention, the minutes of the meeting permitting the noncomforming use are sufficient for a proper determination."

No date for a follow-up hearing has been released yet.

Concerns about adequate parking and emergency vehicle access led the Genesee County Planning Board on Thursday night to recommend against approval for a senior housing apartment complex off Route 5 in the Town of Batavia.

The board's vote is not binding, but it does require the Town of Batavia Planning Board to vote with a +1 margin to approve the project.

The site for the project is 3833 W. Main Street Road, Batavia. It is 33.4 acres and would contain 110 apartment units that would be marketed to middle-income residents age 55 and older.

There's currently no senior housing in the area designed for middle-income residents, said Ben Gustafson, a civil engineer with Hunt Engineers/Architects/Surveyors, and representing the developer, Calamar.

The project calls for 1.5 parking spaces per unit, which is a variance from the town's 2-per unit ordinance. 

Gustafson explained that two per unit is excessive by modern planning standards, the county's own planning goals and what Calamar's studies of its own 15 similar complexes shows is necessary.

In some Calamar locations, the local ordinance requires only one parking space, but even there, because of Calamar's own experience, they put in 1.5.

"What we're proposing is in keeping with sustainable development throughout this country by not providing more parking than is required," Gustafson said. "Our studies show we need far less than two spaces per unit."

Multiple board members expressed concern about 1.5 parking spaces, even so.

"The 1.5 parking per unit is unrealistic," said Mel Wentland, board chairman. "For 55 and older, both members of the family usually have cars. You're under-populating parking spaces. There should be two per unit. There are also people coming to visit, nurses aides, various kinds of help. I don't think the parking (the plan) provides is adequate to meet all the needs of such a community."

Gustafson said it's common for residents in these communities to not even have cars, but if the parking proved inadequate, there's plenty of space on the property that could later be converted to parking if needed.

Another issue is the single driveway for the complex off Route 5.

The main concern of the board is access for emergency vehicles -- what if traffic is tying up the driveway, or there's an accident in front of it?

According to Gustafson, there are fewer than 30 cars an hour that will pass through the driveway, far less than similar-sized units serving younger families. The traffic impact will be minimal and the wide driveway will provide ample room for emergency vehicles.

Board Member Lucine Kauffman said no one on the board is arguing against the need for the project, but that these issues should be addressed before it's approved for development.

The owners of Frost Ridge are expecting to find out this afternoon whether their 2014 concert series will be held at the campground this year, or whether they must continue to hunt for alternative venues.

This morning, attorney David Roach asked Judge Robert C. Noonan to vacate his preliminary injunction of May 24 that barred amplified music and alcohol service while a pair of lawsuits are pending against Frost Ridge.

Roach based his motion on the fact that the Le Roy's Zoning Board of Appeals wasn't represented at May's hearing and now that the ZBA is represented in the case, new information has been presented to Noonan that shows the ZBA determined that Frost Ridge was being operated in 2013 within the bounds of its status of a nonconforming, preexisting use.

At the May hearing, Town of Le Roy attorney Reid Whiting said the ZBA declined to be represented in the suit (ZBA members didn't even know about the suit at the time) and he presented what's known as a "verified answer" by Supervisor Steve Barbeau that stated the ZBA determination was invalid.

Today, Roach filed an amended verified answer (the answer is in response to the lawsuit by the Cleere and Collins families) from the ZBA itself that states that live music and food service are grandfathered in at the campground.

On the basis of that change, Roach argued that Noonan's injunction was granted without the proper factual information and should therefore be vacated.

"It is no longer clear -- as the court preliminary held -- that my clients have committed a zoning violation," Roach said. "With the ZBA's amended verified answer, the weight of the evidence has shifted such that it is now clear my clients are in compliance with the zoning code as a prior, nonconforming use."

Mindy Zoghlin, attorney for the Cleeres and Collins, argued that the ZBA's minutes don't help Frost Ridge.

"The ZBA minutes say they were asked to review the need for a special-use permit," Zoghlin said. "Dave outlined the history of the campground, and just the campground, as established prior to the zoning law being passed. After his presentation, the ZBA board discussed the issue of the campground, and just the campground and whether it is grandfathered in. It's not clear from the minutes what they're talking about."

Zoghlin said her clients have no issue with the existence of the campground or music at the campground. They are against it being used as a live music venue.

"We're not challenging the decision that the campground is a preexisting use," Zoghlin said. "That's a mischaracterization of the argument and a misunderstanding of what the court ruled the first time around. What we're saying is they can't legally expand the campground unless they go to the ZBA and apply for and receive a special-use permit for expansion."

Whiting made only a brief statement to Noonan and said the defendant's reliance on the ZBA determinations are puzzling to him because he thinks the ZBA rulings produce very unfavorable results for Frost Ridge.

"In 1998, the ZBA ruled clearly there can be no expansion of any structure and can be no change in use whatsoever. On both measures, the campground has aggressively and significantly sought to expand both uses and structures on the campground."

Roach countered later that the ZBA's positions clear that in 2013 they knew what was going on at Frost Ridge and that based on testimony and personal knowledge of board members, the use in 2013 (which included concerts and food service) was grandfathered in.

Noonan could decide, Roach suggested, to kick the issue back to the ZBA to hold a hearing and define exactly what it meant by campground and what it considers to be a prior, nonconforming use.

Both lawsuits -- the one filed by Cleere and Collins and the one filed by the town -- against Frost Ridge should be dismissed, Roach said, because the statute of limitation (in this case, 30 days) long ago expired for challenging the ZBA decision.

Zoghlin told Noonan that the defendants have failed to provide proof of when the determination was filed with the Town Clerk, and without that proof, there is no evidence that the statute of limitations has expired.  

She also said the record is incomplete because for the 2013 determination, there was no application filed by Frost Ridge for a decision.

"There's no forms filled out," she said. "There's nothing in writing."

Roach said Frost Ridge owners Greg and David Luetticke-Archbell relied on the ZBA's 2013 determination to go ahead and book concerts for the summer of 2014. They could potentially be out of tens of thousands of dollars if the preliminary injunction isn't lifted.

Noonan said he will issue a written decision at 3 p.m. today.

Workers with National Grid installed a new utility pole on Center Street. The road was closed for a portion of the morning during the installation. The pole will help accommodate power upgrades for the new call center for the Tompkins Insurance Company going in at that location.

This is from the GCEDC:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its July 10, 2014, board meeting. The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College. 

U.S. Gypsum Company is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY. The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility. The projected capital investment is approximately $23 million and will ensure retention of 98 existing manufacturing jobs and the addition of 12 new production jobs. The board will consider a final resolution for this project.

Calamar Senior Housing is planning to construct 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 facility they have proposed here in Batavia will be restricted to residents 55 years and older, and is scheduled to have many amenities that will create a holistic senior community including: a full-time director, events, educational seminars, meals, transportation, etc. The apartments will rent at market rate from around $805 to $1,050 per month with all major appliances and utilities included. The look, style, amenities offered at the proposed development to ensure effective “aging in place” models for our seniors.  Overall the company plans to invest $11 million, create two full-time positions, and estimates that 200 construction jobs will be needed to complete the facility. The facility will generate long-term tax base for the County without added demands for services on our school districts. The board will consider an initial resolution for this project as the incentives exceed $100,000.

Graham Corporation’s 2013 project with the GCEDC involved expansion of their operations on Harvester Avenue, Howard Street, and Florence Street in the City of Batavia. There has been a longer than anticipated construction time on these projects and Graham Corporation is requesting a PILOT amendment in order to delay the commencement of the PILOT by one year. This amendment will not result in any additional incentives and Graham will receive the total incentives that the board previously approved.