Business

Alice Buckel places lettering on a sign on the property of the former Beehive Diner, 4974 Ellicott Street Road, Batavia, to let the world know it will soon be the Fedora Diner.

The Beehive closed years ago and the building near the corner of Ellicott and Shepard was most recently a location for the St. Nick's Club Ladies Auxiliary.

Buckel has crews inside painting, cleaning and installing restaurant equipment. The outside is also being repainted. She expects it will be six to eight weeks before the Fedora Diner opens.

The name was suggested by her son, who will play piano in the diner once a week. The interior theme will suggest the 1940s era.

"I wanted to do something on my own," Buckel said.

She has previously run her own cake-decorating business from her home.

The diner will be open for breakfast and lunch, closing at 2 p.m.

Among the specialities planned, Buckel said, are mini-donuts and special pancakes.

Sallome's Italian Deil announced today that it is closing -- for good.

Saturday was its last day of business.

Owners Stephen and Penny Sallome said efforts to sell the deli over the past year were unsuccessful and the amount of work to run a food-service business was taking over their entire lives.

Sallome's will reimburse any gift certificates purchased prior to the closing.

A full statement following the jump:

Saturday, July 31st, 2010 Sallome’s Italian Deli has closed its doors permanently. We know that we are leaving many of our loyal customers extremely disappointed. However, this decision is what we feel is best for us and our family and we are truly sorry. It has been a very, very tough decision and we can only hope that most people will understand.

We began the process of purchasing the old “Betty’s Bridal Shop” in late 2007 after our youngest son graduated from high school and decided that it was the perfect time for us to fulfill my husband’s lifelong dream of having his own restaurant.

We fulfilled that dream when we opened in September 2008. When we reopened in August 2009 it was because it was advised to us that it would be easier to sell if it was open, so that’s what we did. Hoping that we would be able to sell it, or fall in love with it and not want to give it up. It’s been on the market for almost a year with only a few lookers.

The deli has brought us whole new respect for the “Mom and Pop” food-service establishments and the people who have chosen to do this their whole lives. It is extremely hard work, more than most people realize. With everything else that we have going on we just physically can’t keep up this pace. It is just too much.

We don’t wish to work our lives away. It has been a great journey and we have been fortunate enough to meet and employ some really great people. The business has grown tremendously and walking away is very difficult, however, we know that for us, it is the best thing to do.

We would like to make sure that for those who have gift certificates, including those purchased through The Batavian, that they get a refund. Simply mail the gift certificate along with name, address and phone number to the deli at 40 Oak St., Batavia, and we will send their refund directly to them.

If there is anyone who may be interested in either leasing or buying the deli property, we would love to talk to them. It’s a growing business, in a great location, with some really terrific food with a great deal of potential for the right person. Anyone interested in a fantastic business opportunity can reach Steve @ 585-356-3608.

Ken Merrick has restored a classic name to his business -- Uncle Tony's is now The Harvester, a variation of a name on the bar for 17 years before it became Uncle Tony's.

Merrick said since he was switching from a sole proprietorship to an LLC, and would have to re-apply for his liquor license, and since Uncle Tony's no longer served food, it seemed like the right time to make the switch.

Merrick has owned the business for 36 years on Harvester Avenue, operating it originally as the Harvester Hotel.

"My customers that go way back said, 'We still all call it the Harvester,'" Merrick said. "They told me, 'Why don't you call it the Harvester?'"  I said, "OK, but I'm not calling it the Harvester Hotel."

(Pictured above are Kathy Schenck and her son.)

The little store on the corner of Harper and Route 20 in Darien is closing, though a new store, completely remodeled, will be re-opened at a later date by a new owner.

Jerry and Kathy Schenck operated 3 Buck's Country Store for 34 years, opening in the fall of 1976.

Jerry has MS and is staying at the Veteran's Hospital in Batavia. Three members of his unit in Vietnam recently rode their motorcycles from different parts of the country to have a reunion at the store.

Kathy said, "I'm really going to miss the people. We watched so many people grow up. They did so many good things for us."

Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

After 29 years of driving Western Regional Off-Track Betting, Martin Basinait is stepping down as CEO.

Basinait announced his retirement to the OTB board in a letter yesterday.

His legacy will be the revival of Batavia Downs. It was Basinait who convinced OTB to buy the vacility and bring back horseracing.

Dick Seibert said it was also Basinait who championed the addition of video lottery terminals.

"Horseracing is a declining industry and there's nothing you can do about it," Seibert told WBTA. "Without the VLTs, we would be facing a dismal future. We have a bright future now."

Basinait's resignation is effective in February 2011. The board will now begin the search for a new CEO.

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

A series of motions filed by the estate of Elizabeth Pontillo seeking money and property from Sam and Paul Pontillo was dismissed by County Court Judge Robert C. Noonan on June 30.

"Nonetheless, the instant motion will be denied in its entirety for want of a clear and convincing demonstration of either a likelihood of ultimate success on the merits, the prospect of irreparable injury or a balancing of the equities in a plaintiff's favor," Noonan wrote in his decision. "Accordingly, the Plaintiff's Motion is hereby denied, and the temporary restraining order previously granted is hereby vacated."

It's unclear how this ruling impacts the lawsuit filed against the Sam and Paul by the estate.

Brian Degnan, attorney for the estate, could not be reached this afternoon, and Sam Pontillo's attorney, Reid Whiting, refused to come to the phone.

Degnan filed motions in June requesting Sam Pontillo not be allowed to remove equipment or enter the property of the Pontillo's in Le Roy, that he return all business equipment taken, and that he pay back rents, taxes and profits associated with the Le Roy location.

The estate, being administered by John Forsyth, also sought back rent from Paul Pontillo for the time he was living at 64 Vernon Ave., Batavia, the former residence of his parents, and an accounting of various items believed to be in the house at one time.

In his answer to the motion, Whiting accused Forsyth of a conflict of interest and a lack of good faith in dealing with Sam Pontillo.

In an answering affidavit, Sam Pontillo says that as accountant for the various Pontillo's businesses in Genesee County, he had access to financial information and other company secrets, "many of which he is now using in a selective manner to the detriment of defendants. As such, he has an obvious conflict of interest as a litigant."

Sam also notes, to his "amazement," John Pontillo was not sued by the estate, despite being involved in the business operations at one time.

He accuses John and Paul of mismanaging the "'goose that laid the golden egg' to the point of insolvency and desperate need for a subprime mortgage."

"He (John) was personally and highly involved in the demise of the Batavia store and its foreclosure," Sam writes.  

He accused John of removing a seven-ton HVAC unit from the Batavia location.

"John was an officer and manager of the Batavia store for a substantial time during which it failed to pay sales tax, payroll taxes and real property taxes and numerous suppliers," according to Sam.

One of the chief financial decisions that led to loss of the Batavia store, based The Batavian's previous reporting of this story, was taking out a mortgage on the property in November 2008. Sam Pontillo states that he "adamantly opposed" his mother's execution of the mortgage, "particularly at the exorbitant rate of 16 percent."

"Paul and John, not just Paul, have a lot to explain about the demise of that business," Sam writes.

As for the property Forsyth claimed belonged to the estate, Sam Pontillo provide copies of checks showing that he spent about $20,000 on the equipment, out of his own business entity, Le Roy Dough Boys, Inc.

Sam Pontillo also accuses John Forsyth of not answering his offers to buy the Le Roy Store or a proposed lease on the property.

As part of the lawsuit, the estate has sought some $50,000 in back rent from San Pontillo for the Le Roy location. The back rent is calculated at $2,500 per month. An affidavit from Daniel K. O'Shea, who says he's a lifelong resident of Le Roy, and an owner of downtown village property, says there is no property in the village worth more than $1,000 per month and the total estimated value of the Le Roy location is $100,000.

Sam states that even though he was never associated with Sam's Tomato Pies, either as employee, shareholder or director, the IRS has placed a lien on the home owned solely by his wife in Albany in an attempt to collect back taxes from the corporation.

"Plaintiffs and my brothers are lashing out at me without any factual or legal justification," Sam writes. "I suspect they are solely motivated by the base emotion of envy as a result of the position I secured with the new owners of the Batavia store

"As manager of the Batavia pizzeria, opened on April 6, 2010, I am not in competition with the Pontillo Family Partnership or the estate. I am merely earning a just living to support my wife and three sons, despite the shabby obstacles plaintiffs and my brothers have tried to place in my path."

When you walk into the showroom of Baker's Frontier Kitchens, you step into an upscale, well-appointed kitchen. The wood cabinetry is beautiful and functional, the granite countertops gleam, you imagine how wonderful it would be if this was your kitchen.

Look to your left, and there is another fantasy kitchen with dark wood, a laminate countertop, an eye-catching faucet and next to that, another gem of a kitchen.

It is readily apparent that there are choices galore, with displays of drawer pulls, boxes of color samples, walls of wood choices and style treatments, and catalogs offering infinite possibilities -- from hickory to alder, Shaker to Tuscan, copper to wrought iron, Federal blue to lime green. Literally, there are 30,000 combinations to choose from.

But what sets Baker's Frontier Kitchens apart from other kitchen and bath remodelers is the technical prowess, expert craftsmanship and design offered by owner Tim Baker and his associate Lonnie Patnode. Tim has done nothing but kitchen and bath remodeling for 20 years, Lonnie for at least 15.

Each one takes a single job from beginning to end. That means the measuring (at no charge), planning, design, contracting, oversight and communication are handled from A to Z by either Tim or Lonnie. Personal accountability helps keep the details clear, the job smooth and the customer secure in knowing that there's only one guy in charge of the project.

Lonnie is the designated salesman, but he does not look, sound or act like one. Wearing jeans, sneakers and a button-up shirt, he takes a decidedly low-key approach.

"We don't go for the hard sell -- 'What do I have to do to get you to buy this today?'" Lonnie said. "Good designs and good products sell themselves. We don't hound people. People are spending a lot of money. They need to feel comfortable. We want to make friends."

The store has two lines of cabinetry, Homecrest, which offers stock sizes with limited customized products, and Candlelight, which offers standardized options, as well as unlimited custom possibilities.

"If we can dream and draw it, Candlelight can build it," Lonnie says.

ALL Candlelight cabinets, "down to the last screw," come from U.S. suppliers, including ones in Brockport and Attica. And their goods are built right here in Western New York.

Also, the installation crews are local contractors. If old cabinetry needs to be torn out and hauled away, the crews can do that. Or if a homeowner wants new lighting, tile work, carpet, wiring, painting, plumbing, heating or new windows, those services are available from the crews as well.

"We do the whole shootin' match," Lonnie said. "We do as much or as little as the homeowner want us to."

Some people just want the cabinets installed, but want to put in the appliances, sinks, etc., themselves to save money. Others have unlimited resources, or seem to.

Like one of Tim's customers, who just built a new house on Lake Ontario. It is supposed to be the last house she ever builds, so she wanted every detail to be top-notch. She personally flew to Vermont to choose the granite she wanted from the mining company. Lonnie said she spent close to $100,000 on just the kitchen.

On the other end of the spending spectrum, you can have a basic re-do for $2,000 to $3,500 for a small kitchen. If you add in granite countertops, lazy Susans, soft-close drawers, wine racks and other features for a medium-sized space, expect a price tag of $6,000 to $10,000.

A lot of times people have some idea about what they want, but no real vision or plan. You don't know, what you don't know, so to speak, but Tim and Lonnie do. They get a sense of your style, your tastes and the functions you need by talking with you, seeing the space and drawing rough sketches. Then, using computer-assisted drafting, they create a range of options to help you decide.

That's what Lonnie did for a client in Warsaw. He wanted dark, but not black, cabinets. He had stainless steel appliances and a gigantic kitchen with an 11-foot center island and a penchant for clean, modern lines and a contemporary ambiance.

Lonnie came up with a design featuring deep, eggplant-colored wood and cabinets with stainless-steel frames around panes of frosted glass. He took the same frames and created rectangular boxes attached above the cabinets so that they seemed to "float in space." These were lit with small, LED lights and when turned on at night, they glowed, displaying a real "wow factor."

If you are thinking about redoing your kitchen or bath, you can find out more on their website.

Even better, stop by at 8392 Lewiston Road in the Town of Batavia. Or give Tim or Lonnie a call at 343-0760 to schedule the first step in making your dream kitchen a reality.

While on Lewiston Road late Friday afternoon, I spotted these kites flying over the Batavia Downs' parking lot and so I swung down Park Road to investigate.

I should have known, it was Eric Olson, Batavia's Kite Man, out with his kite trailer looking to lure customers to his location.

Olson, whose day job is with the Genesee County Sheriff's Office, runs a sideline business selling kites at community events, and such.

The crew at Top Line T-shirts made up patriotic shirts to sell at the Picnic in the Park on July 5. When there were some left over, owner Tim Walton was trying to think about what to do with them.

He struck up a conversation with longtime friend Jody Lutley of Hometown Hugs. Hometown Hugs is a local organization that has been sending care packages to soldiers in Afghanistan since the war started.

Walton and Leitey hit on the idea of sending the shirts to troops in Afghanistan, and Walton even printed up another batch to send over.

Pictured are Leitey, Walton, Rob Credi, Walton's business partner, and Andrew Maxwell.

When I stopped into South Beach, 59 E. Main St., Batavia, this afternoon to see what was up with the re-opening plans, the first thing Ken Mistler did was give me a cup of ice water.

Man, was it good. And not just because it was 96 degrees outside.

Mistler has a whole new filtration system that all the water -- for cooking, ice and table service -- goes through. It's as pure and clear as a pristine mountain stream.

And it's also evidence of the first-rate job Mistler has done in putting together the new South Beach. He's not calling it "Ken Mistler's South Beach," but that's how we might start thinking about it. It's both that different and yet still South Beach.

Inside are the same bamboo and beachy themes, but Mistler has also made a lot of changes, from adding a side-door entrance and doing away with the Main Street entrance, to enclosing the kitchen. The latter change helps keep heat in the kitchen instead of the dining room. He's also added new, larger, more private booths.

There's also more seating overall and a bigger bar.

And Mistler isn't done. He's got expansion plans for downstairs once the main restaurant is running smoothly.

The new South Beach officially opens Tuesday.

As for the food, Mistler said it will be "South Beach with a flair." There will be steaks and seafood and pineapple dishes, but one unique feature is that diners will have the option of ordering -- and paying less -- for smaller portions.

"We thought, when we go out to eat the plates are just too big, too much food on the plate, and you feel obligated to eat it," Mistler said. "We’ll do away with that by offering the same dish, but a smaller portion at a lower price."

Genesee County's unemployment rate dropped to 6.6 percent in May, four points lower than May 2009, and five points lower than April.

Batavia's unemployment rate is the best its been since November, 2008, when the rate was 6.0.

The official numbers confirm anecdotal evidence of an improving employment picture provided last week by Scott Gage, director of the Genesee County Career Center.

The positive trend is ahead of the curve for New York State, which saw only a one point improvement in the job picture, with the state going from 8.4 to 8.3 year-over-year.

Genesee County is also faring better than all of the surrounding counties, which continue to have unemployment rates of at least 7 percent, with Wyoming and Orleans counties above 8 percent.

The Buffalo area's 7.6 percent unemployment rate is the best it's been since December 2008, when the rate was 6.8 percent. Rochester's rate of 7.3 percent is also a big improvement over the previous 16 months.