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Law and Order: Traffic stop in Corfu yields drug-related arrest

By Howard B. Owens

John E. Sackett, 48, of 81 Falmouth St, Rochester, is charged with aggravated unlicensed operation, 2nd, unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Sackett was stopped for allegedly speeding in the Village of Corfu by Officer Mike Petritz. Sackett was allegedly going 48 in a 35-mph zone and found to have 16 suspensions on his license. He was allegedly found with a small quantity of marijuana and a small baggie containing cocaine residue. Sackett was jailed on $1,000 bail or $1,000 bond.

Thomas James Rose, 18, of Ford Road, Elba, is charged with driving while impaired by drugs and unlawful possession of marijuana. Rose was arrested following an investigation into a personal injury accident off a driveway on Valle Drive, Batavia, at 6:45 p.m. Aug. 3. The accident was investigated by Deputy James Diehl.

William Leslie Casinett II, 32, of Frontier Avenue, Niagara Falls, is charged with assault, 3rd. Casinett allegedly punched another person in the face causing physical injury at 9:30 p.m. July 29 while at the Darien Lakes Performing Arts Center.

Kirk Andrew Frye, 25, of South Swan Street, Batavia, is charged with petit larceny. Frye is accused of shoplifting at Walmart.

Kevin Albert Roberts, 23, of Riverstone Parkway, Canton, Ga., was arrested on warrants alleging criminal mischief, 3rd, petit larceny and unlawful possession of marijuana. Roberts was arrested in Georgia as a fugitive from justice and returned to Genesee County. He was arraigned in Town of Batavia Court and jailed without bail.

Stephen K. Mullen, 25, of Silver Springs, is charged with unlawful possession of marijuana. Mullen was stopped by State Police at 2 a.m. Aug. 5 on Route 5, Stafford. No further details released.

Jacob R. Reinhardt, 51, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Reinhardt was stopped by State Police on Colby Road, Darien, at 10:36 a.m. Wednesday.

Steven P. Tubinis, 42, of Niagara Falls, is charged with felony DWI and felony driving with a BAC of .08 or greater. Tubinis was stopped at 10:15 p.m. Wednesday on Colby Road, Darien, by State Police.

Diner in Village of Corfu moving to new location near Pembroke High School

By Howard B. Owens

Linda's Diner in the Village of Corfu is moving.

The Genesee County Planning Board approved a proposal submitted by Pembroke resident Linda Richley to convert a single-family residence at 8783 Allegheny Road into a restaurant.

The location is just south of Pembroke High School.

The new Linda's Diner will be build inside a 1,176-square-foot, ranch-style home built in 1959.

Richley said this morning that it was her son and daughter who encouraged her to move.

The location is strategically located near the busy intersection of routes 5 and 77, close to Yancey's Fancy cheese shop and Pembroke HS, Richley said.

Her daughter would like to eventually add ice cream to the menu and her son already operates a BBQ catering business, so the location would give him a place to set up and cook pulled pork and ribs when he isn't at a client's location.

"It's more their idea than mine," Richley said, but she is looking forward to the family owning its own location after renting for all these years.

The plans approved by the planning board call for 25 parking spaces on the lot.

Richley purchased the 1.1-acre parcel from the Town of Pembroke, which acquired it when they bought lland for the town park.

You could win $100 if you wear your Batavian T-shirt to Summer in the City

By Howard B. Owens

This Saturday is Summer in the City. I'll be there for at least some of the event walking around and taking pictures.

I'm going to be looking for people wearing T-shirts that say "The Batavian" on them.

We've sold a couple hundred shirts over the years.

The seventh person I spot wearing their The Batavian T-shirt will get a $100 bill.

Simmons found guilty of the Park Avenue burglary

By Julia Ferrini

Though staunch in his defense of Akeem Simmons, Defense Attorney Thomas Burns failed to create reasonable doubt in the minds of the 12 jurors tasked with hearing the case. Simmons was found guilty today on all three counts for which he was being tried.

The 23-year-old Batavia resident was found guilty of burglary in the first degree, a class B violent felony; criminal use of a firearm in the first degree; and conspiracy in the fourth degree. While Burns made a valiant attempt to poke holes in the prosecution's witness testimonies, the jury was not swayed in his client's favor.

"There is an irony that stands out," Burns said during closing arguments, "when you count the number of law enforcement that (18-year-old Nathaniel) Davis met, even before the trial, that he lied to about the events of that day (January 14, 2014).

"He came in, laid his hand on the Bible and swore to tell the truth and he lied," Burns continued.

Davis is also accused of first-degree burglary, and fourth-degree conspiracy. The Davis case is still pending.

Burns also noted that, according to Davis, there are lies, and then there are justifiable lies. 

Reasonable doubt and the lack of quality evidence were the key points in the defense attorney's closing argument. According to the defense, Davis himself admitted to breaking into the home on Park Avenue. Additionally, when Davis was nabbed by police, he was found carrying a loaded gun. Furthermore, Burns painted the investigation by police as somewhat lackadaisical.

"Did you (jury) hear any testimony about the house being searched for evidence?" Burns queried. "It was January in New York; where are the footprints? Was anything observed in the house?"

Burns also pointed out that there was no evidence that linked his client to the gun or the screwdriver used in the crime.

District Attorney Lawrence Friedman countered with a recap of witness testimony. He stated that Simmons was seen with what looked like the grip of a gun, prior to the crime. 

The focus of the evidence has been on the flight from the area -- the path that ran along the back of the Park Avenue house to St. Paul's Church, Burns argued. He also stated that police K-9 Pharoah detected a strong scent that led the animal and handler, Deputy Brian Thompson, to the porch where Simmons was hiding.

Burns contended Simmons ran because of his knowledge of a warrant issued against him for a parole violation. Friedman continued reminding the jury that the trial was not about a parole violation, it was about placing Simmons at the scene of the crime and committing burglary. 

Conversely, when a search warrant was issued for Davis's phone, investigators found Simmons' number in Davis's list of contacts.

"There were no text messages or calls between Simmons and Davis," Burns said. "There was no communication between them on the phone at all. Not knowing about the phone records is a quality-of-evidence issue."

In the defense's pursuit to rebuke Friedman's witness testimony, Burns questioned a witness account of the events on the day of the burglary. He noted that her initial testimony indicated that only one person entered the Park Avenue home, and she was "pretty sure" they were black and about 5'7" or 5'8". The prosecution recalled the witness after the lunch break, whereupon she recanted her earlier testimony, and stated she saw two men enter and exit the house which is what she said in the call to 9-1-1 on Jan. 14.

Returning to Davis's testimony, Burns stated that even when Davis tried to put Simmons in the house, he still couldn't get his story straight. He contended that Davis said he lied because he was intimidated by Simmons; that he was afraid of what Simmons would do -- thus stated after notes were found where Simmons is said to have written that he "had a man killed in Elmira." The prosecution also made reference to said notes, but stated that Simmons' threat is indicative of consciousness of guilt.

Burns asked the jurors to consider Davis's demeanor on the stand, his lifestyle, his conflicting explanations, and how he justifies his lies; this goes to show a person's moral fiber. Drumming the idea into jurors' heads that Simmons only ran because of the parole warrant and Davis is a "scary pathological liar," he finalized his argument reminding jurors to follow the law as instructed by the court.

"If you have any doubt about Davis," Burns said. "Then you have reasonable doubt about Simmons' guilt.

"You're not being asked if he (Simmons) is a good or bad person or that he violated parole," Burns continued. "You are asked to determine if the district attorney proved beyond a reasonable doubt to my client's innocence."

"Judge (Robert) Noonan will tell you that the verdict is based on evidence, not speculation," Friedman said. "The evidence presented proves this beyond a reasonable doubt."

Speaking of the decision to use Davis's testimony, Friedman enlightened the jurors that a case can not be built solely on an accomplice's testimony -- corroborating evidence is also needed.

"You got that many times over in this case," Friedman said. "Don't get hung up solely on Davis's testimony. Look at all the evidence."

Friedman also refuted the idea that Davis received a deal for his willingness to testify. According to the D.A., they didn't need his testimony to prove the guilt of Simmons.

"Davis lied because he knew Simmons was a gang member," Friedman said. "That's why Davis wasn't willing at first to finger Simmons. 

"What does Davis have to gain by testifying against Simmons?" Friedman retorted.

Friedman inferred that if it wasn't enough that Simmons was a gang member and carries a gun, it was also intimidating when threatening notes were passed to Davis in the Genesee County Jail. Conversely, Simmons was said to have given Davis the idea that breaking into the house on Park Avenue was a way to get money because the homeowner was a drug dealer.

"Upon investigation, it was obvious that the homeowner was not selling drugs out of his home as Simmons indicated to Davis," the D.A. said.

The prosecution also questioned Simmons' honesty when he denied knowing Davis, yet Davis had his phone number in the contacts of his cell phone. Furthermore, when Simmons was questioned, he said a "kid" was involved in the burglary, however, police never stated the age of the subject. 

Simmons also admitted to wearing the clothes that witnesses said the men leaving the house were wearing, yet when he was found, Deputy Thompson witnessed Simmons pushing similar clothing away from him.

Additionally, Simmons puts himself on the path, going in the direction of the church, on the date and time the crime was committed. He even went so far as telling officers that he "saw two dudes in black running on the path."

"Think of the evidence the police had prior to Davis's testimony," Friedman said. "Using common sense, you (jury) will find that Simmons' innocence was proven wrong, therefore you must return a verdict of guilty."

Simmons is held without bail at the Genesee County Jail. He is scheduled for sentencing Sept.15 at 9:30 a.m..

New owners, employees, community leaders celebrate the saving of a Batavia institution

By Howard B. Owens

The employees are happy. Local officials are happy. Pete and Andy are happy. Everybody's happy.

Even the costume designers for the hit HBO series Empire Boardwalk are happy (at least we assume so -- they'll still be able to order p.w. minor shoes for the show).

A Batavia institution, along with 70 local jobs were saved by two local businessmen. Today, speaker after speaker praised Pete Zeliff and Andrew Young for stepping forward just a month ago when they heard the 150-year-old shoe company was closing to buy it and keep it going.

Zeliff and Young plan to do more than just keep the doors open. They vow to expand the business and create more jobs in Batavia.

"The struggles of this company are over," Young said. "We're going to make it work, OK. Once again, we'll make this company the epitome of 'Made in America.' "

They've gotten some help from Empire State Development to help make the purchase possible.

Regional Director Vincent Esposito announced ESD is making available $450,000 from the agency's Excelsior Jobs Program. To qualify, Zeliff and Young had to pledge to create jobs and make a significant capital investment in the company.

Young and Zeliff were also planning to apply for $269,000 in tax abatements from the Geness County Economic Development Center, but that application was tabled Monday on the advice of the agency's attorney.

The attorney is researching the matter further, according to Ray Cianfrini, chair of the Legislature as well as a GCEDC board member. But it appears that so long as Zeliff is a member of GCEDC board, p.w. minor can't receive assistance from GCEDC.

Zeliff has a big decision to make -- resign from the board and apply for the tax relief, or stay on the board and move p.w. minor forward without any further tax breaks.

Zeliff said he's made no decision yet and offered little insight into his thought process on the matter. He did note that serving on the GCEDC board is a volunteer position. Directors are not paid.

Former GCEDC Board Chairman Charlie Cook, CEO of Liberty Pumps, resigned from the board when it came time for his company to expand and Liberty applied for assistance from GCEDC.

Today, Cianfrini spoke at the press conference -- really a celebration -- at p.w. minor's facility on Treadeasy Way.

"Today is not only a great day for p.w. minor and all of its employees," Cianfrini said. "It's a great day for all of Genesee County. We need to recognize how fortunate we are to have people like Pete Zeliff and Andy Young, who are dedicated to economic development, here in Genesee County, who are willing to get personally involved in economic development."

City Councilman John Canale recalled touring the p.w. minor factory on State Street when he was a child, and talked about how he grew up with the company being an ever-present part of the community his entire life.

"p.w. minor is an icon," Canale said. "It's a Batavia institution. When I found out that institution would no longer be in business, I felt like I had just read the obituary of someone that I knew and loved in this community. Today makes it a very happy day, in that two guys with a bit of ambition and a whole lot of entrepreneurial spirit decided this institution needs to continue in this community."

After the speeches, attendees were invited on guided tours of the plant to see how shoes are made in Batavia.

A few lucky people even got to see the shoe sent to the costume designers of Boardwalk Empire.

With media around, a couple of employees demurred at being interviewed, and at one point, as a worker was surrounded by photographers, Young asked her, "are you mad at me (for bringing the media over)?" Another employee nearby spoke up, "How could we ever be mad at you? You saved us."

The average p.w. minor employee has been with company 24 years.  

Andrew Young and Pete Zeliff.

The style of shoe sent to the set of Boardwalk Empire.

UPDATE: After the jump, a press release from Gov. Cuomo.

Press release: 

Governor Andrew M. Cuomo today announced that p.w. minor, a manufacturer and international distributor of leather footwear and orthopedic products in Batavia, will remain open and retain more than 50 manufacturing jobs, as well as create 17 additional jobs.
 
p.w. minor was scheduled to close on July 31, but will instead remain open under new local ownership and management. 
 
“The new ownership of p.w. minor will keep an historic and valued company in Batavia, just where it belongs,” Governor Cuomo said. “Our top priority is not only to attract new businesses to New York, but also to ensure that the ones already here will be able to grow. I thank p.w. minor for making Western New York their home, and welcome their continued growth and success.”
 
The new owner of p.w. minor is Batavia Shoes LLC, headed by Andrew Young and Peter H. Zeliff.
 
p.w. minor, which was founded by two brothers in 1867 shortly after they returned from fighting in the Civil War, is one of a few remaining shoe manufacturers in the United States and the oldest company in Genesee County.
 
Andrew Young said, “Our goal is to not only keep the company open but to grow the business and create new jobs. We would not have been able to make this transaction without the assistance from Empire State Development. It’s just another example of the public and private sectors coming together to not only keep a homegrown company where it belongs, but also to create new jobs and economic development for the city and region.”
 
Peter H. Zeliff said, “Andrew and I are very committed to our community and this was an opportunity where we could team up and use our entrepreneurial skills to continue the operations of a manufacturing facility with extremely deep and historical roots in Batavia and Genesee County. We are confident that our business plan will create a new history for this iconic worldwide brand.”
 
Batavia Shoes LLC will be purchasing the assets of the company for $2.85 million. Empire State Development will provide up to $449,505 in performance-based Excelsior Job Program tax credits in return for the new owners’ job creation commitments.
 
Kenneth Adams, president, CEO and commissioner of Empire State Development, said, “New York State and two local investors stepped in to save p.w. minor and it’s the best possible outcome for the more than 50 employees who were set to lose their jobs. ‘Made in America’ products, like the handcrafted quality shoes made by p.w. minor employees for nearly 150 years, will continue to be a source of pride for Genesee County for years to come.”
 
Peter H. Zeliff is the senior executive vice president and chief operating officer of EIF Renewable Energy Holdings LLC, which wholly owns Innovative Energy Systems of Oakfield, New York, an independent developer and energy provider specializing in the recovery and utilization of landfill gas. He is a graduate of the Rochester Institute of Technology.
 
Andrew Young is founder and presently serves as president of The Young Group of Real Estate Companies. Young cofounded PakHound Parcel Logistics, a start-up company that was once named one of Western New York’s Fastest Growing Companies. He received the prestigious "Forty Under 40" award from both the Rochester Business Journal and Business First of Buffalo. Young also is a graduate of the Rochester Institute of Technology.
 
Senator Michael H. Ranzenhofer said, “p.w. minor's decision to continue doing business in the City of Batavia, as well as its commitment to retain 50 local jobs and create 17 more, is proof positive that Genesee County is a good place to operate a business. The opportunities for Genesee County residents continue to grow.”
 
Assemblyman Stephen Hawley said, “Locally owned businesses are the lifeblood of the Batavia and Genesee County economy. This announcement is great news for the employees of p.w. minor and their families. Genesee County is a great place to start and own a business, and I am thankful to Pete Zeliff and Andrew Young for re-energizing p.w. minor as an historic mainstay of our Western New York economy!”
 
Genesee County Chairman Raymond F. Cianfrini said, “Today is a great day for p.w. minor and its employees and a great day for Genesee County. Our thanks go out to Peter Zeliff and Andrew Young for saving this historic business on the brink of closure. We in Genesee County are fortunate to have these two individuals who are committed to economic development and who are willing to use their own money to help keep our county vibrant.”
 
City of Batavia Council President Brooks Hawley said, “p.w. minor has been an iconic company in Batavia for well over 100 years and it would have been a tremendous loss to see the business close its doors and lose good jobs in our community. Thanks to the Empire State Development for the State’s incentives and to the commitment of new, local owners, Andrew Young and Peter Zeliff, p.w. minor is opening its doors again and growing.”

Photos: Kiss rocks Darien Lake

By Howard B. Owens

The rock band KISS played Darien Lake Performing Arts Center on Wednesday, and photographer Amanda Earl was there to get some pictures for us.

The Sheriff's Office reported no arrests during the concert.

Developer discusses pulling plug on senior housing project after GCEDC board blocks public funding

By Howard B. Owens

A company that was planning to build much needed middle-income senior housing in Genesee County is apparently ready to kill the project after the Genesee County Economic Development Center Board voted Tuesday to block the project from receiving financial aid.

A representative of Calamar, the senior housing developer, sent an e-mail to a county official yesterday that said without the more than $1.4 million in tax breaks Calamar was seeking, the project is not financially viable. 

A source provided The Batavian with a copy of the e-mail.

"We've been left with no options than to not proceed," wrote Jocelyn Bos, director of senior housing development for Calamar. "If we do not have an endorsement, I wouldn't be able to keep the rents affordable to the middle income senior group of Batavia." 

Asked by The Batavian for further comment and to confirm the contents of the e-mail, Bos backed off the not-proceeding statement.

Her entire statement:

First, I want to tell you how I have admired how your paper supports the seniors of all incomes in your community and just want to let you know that we are exploring our options regarding our proposed middle-income senior complex.

According to John Gerace, a real estate agent who assisted Calamar with locating the property on West Main Street Road for the project, Calamar officials spent much of yesterday discussing their options.

Among them, he said, is filing an Article 78 claim (essentially a lawsuit) against GCEDC.

The way Gerace sees it, middle-income housing for seniors is needed in Batavia; it's part of the county's master plan; it's an identified need in GCEDC's planning documents; and this is a commercial project just like any other, so it's eligible for assistance.

"I told them (the GCEDC board), 'you guys should be ashamed of yourselves because you know it's warranted and needed, so what you've done is just shut the door on any more senior housing in Genesee County,' " Gerace said.

Calamar was seeking $400,000 in sales tax and mortgage tax exemption and a $1 million PILOT, which exempts a property from additional property taxes on an increase in assessed value, graduated over 10 years.

The value of the developed property would have been at least $5 million, Gerace said, which would have meant an additional $175,000 in new local property tax revenue once the PILOT expired. 

Local residents selling their homes to move into the Calamar facility also would have generated new tax revenue, Gerace said.

Gerace worked as a secondary agent on the property sale, he said, and stood to get no more than a $4,000 commission on the $1 million sale of the property on West Main Street Road.

Ray Cianfrini, chairman of the County Legislature, and a GCEDC board member, said he voted against Calamar because he can't see authorizing spending $1.4 million in taxpayer money to create two jobs.

"We all agreed that it's a worthwhile project," Cianfrini said. "We all agree middle-income senior housing is needed. We agree with that, we just don't want to spend taxpayer money to do it. If the project doesn't go forward, I feel badly about that, but this was not a narrow vote."

Cianfrini said he also sees the Calamar project as competition for existing senior housing in the county -- housing that was built without taxpayer assistance.

Calamar would have been able to charge lower rents than some existing projects and that wouldn't be fair to the other developers, Cianfrini said.

The idea of competition is the key to the vote, Gerace said. More new housing in the county would mean more competition for Pete Zeliff and his Oakwood Estates project on the east side of town.

Zeliff, a newer member of the GCEDC board, is building single-family homes that would be marketed to upper-income professionals.

Gerace thinks that creates a conflict of interest for Zeliff and Cianfrini, who is the attorney for Zeliff on the project.

Cianfrini and Zeliff said both said don't see a conflict of interest. The two projects are completely different. They're aimed at different markets -- one is rental, the other is home ownership. Even if you factor in existing homes being vacated by seniors moving into the Calamar project, that's still a very different home buyer looking at those older homes than would consider something in Oakwood Estates.

Zeliff has not even approached the GCEDC about financial incentives for Oakwood Estates. He said his vote against the Calamar project had everything to do with the merits of the proposal.

"They're creating just two jobs at cost of $1.4 million," Zeliff said. "That's $700,000 a job. The residents complain when the EDC gives incentives to industry that is $100,000 a job, why would the residents want to commit $700,000 to a job to residential housing?"

And yes, competition is an issue -- Calamar would compete with projects such as Clinton Crossings, which charges $1,100 a month in rent. Calamar's taxpayer-subsidized rents would all be $1,000 or less.

Clinton Crossings received no tax incentives for its project, Zeliff said.

"They have 35 people on the waiting list waiting to get in," Zeliff said. "The area will support senior housing at the money Calamar claims it won't."

Gerace wonders why the GCEDC board wouldn't even let the project go to a public hearing, allowing the public to weigh in on whether Calamar should get tax incentives to help build much needed senior housing.

Cianfrini said he didn't see any point in a public hearing.

"My position, if we don't believe in the project in the first instance, why let it go to a public hearing when we know we're going to vote it down after a public hearing," Cianfrini said. "We just thought we'd be wasting valuable time to even let it go to a public hearing. If they want to know what the public viewpoint on this is, let them poll the public themselves and get their own opinion on it."

Jerry Ader selected as new public defender

By Howard B. Owens

Jerry Ader, pictured yesterday during a committee of the whole meeting of the Genesee County Legislature, has been named the new public defender.

Ader, a longtime assistant to the former PD, Gary Horton, was the name the selection committee kept coming back to as it waded through the candidates, said Legislature Chairman Ray Cianfrini. He was the most qualified and with a proven track record of dedication to the job.

Mud races in East Pembroke this Sunday

By Howard B. Owens

The East Pembroke Mud Races are on a Sunday this year -- this Sunday.

Registration starts at 10 a.m. The first race is 12:30 p.m.

Registration fees: $15 per class, $5 for 11 and under, $5 for each additional class and racers still pay admission. 

Admission is $10, with 11 and under free. Pit admission is $12.

You can enter a raffle to win the four-wheeler shown above. 

Pictured with the 2014 Cao Polaris 570cc are James Gayton and Dale Lewter.

UPDATED: Byron couple looking for missing cat, Zoe

By Howard B. Owens

Stefanie and Kevin are hoping you can help them find Zoe. She's been missing for a week now. This is an older picture. She's put on a little weight since it was taken. Her home is in the Byron area. If you've seen Zoe or have Zoe, call (585) 548-9961.

UPDATE Aug. 15: Zoe is home safe and sound, according to her very happy owners, Stefanie and Kevin!

Street closures for Summer in the City on Saturday

By Howard B. Owens

Summer in the City is Saturday from 11 a.m. to 9 p.m. Here's the notice of streat closures for the day:

Streets closed (barricades) at 7:30 a.m.:  Main, Bank, Center, School, Jackson, Court & Jefferson:

Bank at Washington (For Race Only)
Bank at Alva
Main at Upton Monument
Main at Liberty / Summit
Jackson at Ellicott
Center at School
Court at Ellicott  / Parking Lot Entrances /Bank Drive-Thru
Jefferson at Intersection Tonawanda Valley & Wendy’s Parking Lots
Wendy’s -- Main Street Entrance

Main Stage: Will be located in front of Wendy’s / County Building #1 on Main Street facing east. Entertainment begins at 11 a.m. and ends at 9 p.m.

Vendors: Crafters and nonprofits & KidsZone located on Main, Court & Jefferson. Food vendors will be on the north side of Main Street from in front of Larry’s Steakhouse, west to corner of Main & Jefferson. Commercial vendors on the south side of Main Street from corner of Court to Center Street. BID Businesses south side from Jackson to Center Street.

Super Cruise: Vehicles will be on the north side of Main Street from Jackson Street, east to Liberty / Summit, and the south side from Center to Liberty Street. They will also be on Jackson, School & Center streets and a segment of Bank Street.

Donny Carroll 5K Race: Start/ Finish line will be at the entrance of Bank of America Drive-Thru.  The race starts at 9 a.m. and ends finishes by 10:30 a.m.

Access To Parking Lots:  Court / Jackson access off of Ellicott Street;
                                            Alva access off of Alva Place & Bank Street (after 5K Race
                                            ends at 10:30 a.m.);
                                           Center Street access off of School Street

Reopen streets at 11 p.m.

Keeping customers coming back has helped Southside Deli thrive for 25 years

By Howard B. Owens

Standing by a window, toasting a French bread pizza, Jeff Heubusch looked out on sunny Ellicott Street and mused, "sure beats working working in a salt mine."

He then states the obvious with a wry smile. "There's no windows in a mine shaft."

Heubusch should know. He spent 12 years working in a salt mine. He only quit when a mining accident nearly took his life.

His year-long recuperation gave him time to reflect and reassess what he wanted to do with his life.

The son of a miner, Heubusch purchased Southside Deli two years before the accident (today is the 25th anniversary of that purchase). He kept his mining job even as he tried to build the deli business. Digging out the salt of the Earth so motorists could drive on de-iced asphalt offered Heubusch a sense of security not available to entrepreneurs. He didn't want to give up that steady paycheck and good benefits while trying to build a business of his own.

While convalescing, Heubusch said to himself, "Am I going to lay on this couch the rest of my life and live on comp or Social Security disability?"

"Once I was able to get around and be productive, that's when I said, really, 'it's all or nothing.' "

That sense of commitment has stuck with Heubusch now for more than two decades. It's the reason Southside Deli not only survived. It thrived.

One hundred customers a day has become 500. Three employees have become 17. Children who once bought pop and candy at the store now bring their families in for subs and salads.

Born in Wyoming County, Heubusch graduated from Warsaw High School in 1977. He was 17 and couldn't get a job, so he went to work in his mother's upholstery business.

When he turned 18, he got his first job in a salt mine.

He was laid off, rehired, laid off and rehired again a couple of times over the next few years. During that time he also worked for U.S. Gypsum and Le Roy Machine.

He bought a house in Batavia, and when he started working in the mine again, his daily commute took him down Ellicott Street.

Every day, he would drive past Southside Deli (Heubusch kept the name from the previous owner; In the 19th Century, it was Ebling Meat Market and the location has always been some sort of market). 

On the second floor of the building is a balcony. As he drove by each day, Heubusch would see a for sale sign hanging from the balcony rail.

That got his mind working.

"I'd see it and I'd think to myself, 'man, I'd love to work for myself.' I kept seeing that and it kept fueling my idea of what I would do if I owned that."

There's a reason working in a salt mine is a metaphor in our culture's lexicon for arduous work. It's hard labor.

In flush times, Heubusch worked 10 to 12-hour days, seven days a week.

"There were days I never saw daylight."

One day, finally, he called a realtor and got the ball rolling.

Escrow closed Aug. 10, 1989. Heubusch opened Southside Deli for the first time under his ownership four days later.

The business needed a lot of work, he said. The century-old building needed an array of repairs. There was kitchen equipment to replace and Heubusch wanted to expand the deli.

"I knew the deli had potential. It was a great concept, but he (the previous owner) wasn't a hands-on guy. I knew if I worked it, I could bring it to life."

There was nothing easy about those early years, said Heubusch, who had no prior food service experience.

Besides keeping his job in the salt mine, Heubusch and his family (his daughter Cassandra was 4 years old at the time) lived in the apartment above the store.

"That's the only way I could do it."

Cassandra rode her skates through the aisles and learned to ring out deli customers by the time she was 6.

Then came the mining accident.

He was at the bottom of a mine shaft and it closed up on him. Heubusch suffered a pair of broke legs, a broken back and nerve damage.

"To me, it was a life-threatening experience. It all could have ended that day."

He required multiple surgeries, a year of at-home convalescence, seven years of physical therapy and 20 years of chiropractors.

To see him work in his store today, you would never guess his body had been through such trauma. 

"This place did help me, both mentally and physically."

So what's the secret to his success?

Heubusch said it's easy: hard work, good food and a singular focus on keeping customers happy.

A customer complaint feels like a failure, Heubusch said.

He takes a lot of pride in how well his deli team works together to take orders quickly, move fast and deliver the right sub or wrap made well and with alacrity. It's timing and attention to detail.

"I like being known as the place with the best subs. The best meats, the best salads. That's our niche. People can go anywhere else and buy pop, groceries or beer, but you can't buy a Southside Deli sub anywhere else. If you've been raised on Southside, nobody can match it."

The best measure of success, Heubusch said, is the customer who comes back.

"It's a good feeling. When you have a customer who's never been in before and they come back and they come back and they come back, it's a good feeling. Then I know I'm doing the right thing."

It sure beats working in a salt mine.

During lunch hour, customers are often lined up four and five deep at the deli counter.

On the wall above the racks of candy are 22 pictures of Little League teams sponsored by Southside Deli. Heubusch said young men come in now and point to pictures of their 8- and 9-year-old selves.

"It sure beats working in a salt mine."

A big part of Southside's lunch business comes from workers calling in their orders for pick up.

New, free 'Have a Plan' app launched to help increase road travel safety

By Billie Owens

Press release:

Genesee County STOP DWI Coordinator Matt Landers today announced the launch of the new, free “Have A Plan” mobile app that encourages people to have a plan to get home safely if they are impaired by alcohol or drugs.

The app is a valuable tool in helping reduce accidents and injuries caused by impaired drivers.

It operates on iPhone, Android and Windows platforms, and targets the 18-34 age range with features such as an ability to preload a list of designated drivers, find a taxi cab via GPS, an alcohol impairment estimator, various motor skills tests to assess impairment level and a "Report DWI" button that connects users to their local 9-1-1 service.

The app also offers a list of DWI facts and myths, access to STOP-DWI social media sites such as Twitter, Facebook and YouTube, as well as a RSS feed to get the latest news on impaired driving.

“The ‘Have A Plan’ app will be important in the effort to prevent impaired driving," Landers said. "We want people to enjoy themselves, but we also want them to get home safely. This app helps its users do that by placing a tool in the hands of a potentially impaired driver to find a safe way home.” 

Developed by STOP-DWI New York and Staples Marketing under a grant from the New York State Governor’s Traffic Safety Committee, “Have A Plan” is one of the most comprehensive traffic safety mobile apps in the country. Users can download the “Have A Plan” app by visiting www.stopdwi.org/mobile app and selecting the link for the Apple Store, Google Play, or the Windows Phone Store.

“I urge drivers to make advance plans to get a sober ride home from a friend, family or by taxi. The new “Have A Plan’ app can help guide individuals to make the right choice to get home safely. Don’t put yourself or others in harm’s way by driving while impaired,” said Coordinator Landers.

STOP-DWI, which stands for ‘Special Traffic Operations Program for Driving While Intoxicated, was created by the State Legislature in 1981 to empower county governments to coordinate local efforts to reduce alcohol and other drug-related traffic crashes within the context of a comprehensive and financially self-sustaining alcohol and highway safety program.

You can follow the Genesee County STOP-DWI program on Facebook and receive more information on the mobile app along with other useful information.

Free child seat safety check offered Saturday at city fire headquarters

By Billie Owens

Press release:

On Saturday, Aug. 16, the City of Batavia Fire Department will be hosting a free child safety seat check event. This event will be held in conjunction with Summer in the City. The check site will be at Fire Headquarters on Evans Street from 11 a.m. until 2 p.m.

Nationally certified technicians will ensure child safety seats are installed correctly and also be available to answer any questions parents/caregivers have about child passenger safety restraints.

Did you know three out of four kids are not as secure in the car as they should be because their car seats are not being used correctly? Using the correct restraints reduces infants’ and toddlers’ chances for fatal injury by 71 percent and 54 percent in passenger cars respectively.

Stop down to the free Summer in the City child safety seat check event.

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