downtown

Many of us been have wondering about the fate of the Pontillo's restaurant in Batavia ever since the doors closed in November, followed soon after by the news that the business owes more than $112,000 in back state taxes. Few could argue that they had one of the best lunch buffets around.

Owner Sam Pontillo has been assuring people all along that the restaurant would open up again... soon... even if he had to find some other location in the city to do it. Initially, Sam told the Daily News that the restaurant was closing down for renovations and would re-open in a couple weeks. Of course, that didn't come to pass, and in the latest article in the Daily, he's quoted as saying: "people will be able to get a Pontillo's pizza in Batavia by April 1."

Sam's brother John Pontillo spoke with us by phone this afternoon. John is currently living and working at a country club in Minnesota, where he has been since his unceremonious dismissal from the family business by his two brothers, Sam and Paul, around this time last year.

Most of you will recognize the name John from what you have read in the Daily's coverage. Most recently, for example, Sam spoke of John when he told Joanne Beck that he "had to pay the tab of his brothers' neglect."

"They left an unpaid tab. Once again, I'm footing the bill," he said Thursday.

Those taxes were the responsibility of siblings John and Paul, who ran the Batavia Pontillo's Pizza & Pasta until Sam Pontillo closed it in early November, Sam said. He bought his current Le Roy Pontillo's site in 2007.

In every article in the Daily News, John has been accused by his brother Sam of being responsible for "neglecting" the finances and failing to pay the taxes for the business in Batavia. Sam also told the newspaper that he had no foreknowledge of the unpaid taxes.

That's just not true, John told us today. Sam knew about the tax problems all along, and this wasn't the first time that it happened, he said.

Back in 2006, both restaurants, in LeRoy and Batavia, were cited by the state for owing back taxes in excess of $350,000. At that time, Sam was in charge of all the operations, says John. "He was president of both locations."

Later on in 2006, it was decided that the Batavia and LeRoy locations would be incorporated seperately as Sam's Tomato Pies and LeRoy Dough Boys, respectively. On the articles of incorporation for the LeRoy restaurant, Sam is listed as owner and as president. His brother Paul is listed as secretary. As for the Batavia restaurant, Sam's mother, Elizabeth, is listed as owner, Sam as secretary and Paul as president.

John is nowhere named as an officer of either company. He insists that he was only ever a paid employee like everyone else who worked there. That he was fired so precipitously last February only attests to that.

"They say that it happened on my watch," said John. "I was never an officer of the company. I was just an hourly employee. That's all I ever was."

John could not comment in detail due to the pending litigation between the brothers to determine who will take over the Batavia restaurant. They are also waiting to execute the will of their mother, Elizabeth, which could help decide some of the details of who owns the rights to the name: Pontillo's.

John did say, however, that the brothers need to move fast to come to an agreement, because the mortgage company, which has not been paid since Novemeber, could foreclose on the property by the end of the month.

A third restaurant in 30 days has closed its doors in downtown Batavia. Grugnale's Italian Deli on Jackson Street is shuttered today. A sign on the door states that the deli has closed temporarily while the owners seek out a new location, WBTA's Dan Fischer reports. "The owners there have said they hope to re-open the business," says Fischer.

South Beach on Main Street and Sallome's Deli on Oak Street have also recently closed their doors.

Don Burkel, Executive Director of the Batavia Business Improvement District (BID), said there is hope and incentive for future business owners and shoppers downtown. Burkel said some of the incentives currently in the works could include: a coupon book and a shop-and-dine night—during which downtown shoppers can get discounts at local eateries and find sales at local merchants. Businesses may also look to benefit from cooperative advertising with the media.

The BID continues to plan events coming up in March and April and has already confirmed the bands, the Formula and Ghost Riders to perform at Jackson Square this summer.

Maybe this headline should read: How Batavia can save downtown by doing the opposite of what Rochester does... Allow me to explain. Most of us in the area remember the Fast Ferry flop. For Rochesterians, the very word ferry still stings like a jellyfish whip. In a poor attempt to promote cross-cultural relations between Rochester and Toronto, the city sunk millions into a ferry that would cart folks back and forth from the two cities. We all know where that went—nowhere.

Why? One reason that I'm guessing at, is that you're not going to boost your own city's cultural wealth by sending your residents elsewhere. Keep them here. One good way to do that is to offer low-rent studio space to artists in neighborhoods they can afford to live in. Rochester has done this on North Goodman Street, where the city's cultural center faces Village Gate, a quaint shopping center, and Anderson Alley, an old button factory turned into studio space. Ditto Artisan Works off of Winton Road.

Some of you may be wondering why we should give the artists a break. Look at New York City. Wherever artists flourish, along comes business: initially in the form of good eateries, but soon, small shops begin to pop up, followed by large banks. This, unfortunately, then leads to the phenomenon known as gentrification, when all the rich folks with a penchant for what the hipsters have built, simply move and take it over. Go to Brooklyn sometime if you don't believe me. Of course, artists alone do not create this environment. A lot of the appeal is based on a sort of myth of the authentic urban experience: a city block that looks, smells and feels like a city block should feel. It's got natives, it's eclectic, the people have roots there, and the place has a cultural vibe all its own. Again, this is the myth of the authentic urban experience. But as we know, myths are often rooted in actuality.

Rochester has much of this authenticity in many parts of the city. The idea being bandied about for Renaissance Square was designed—or so I believed—to provide a catalyst to further this sort of authentification downtown, which has unfortunately lost its flavor, its character, and, in many cases, its business. With that in mind, the city thought to build a big theater, a cultural mecca right downtown to draw folks in, rather than push them out. Flanking this theater would be a bus terminal, so people can get to and from the theater, and a satellite campus for Monroe Community College, so people can go there to learn, as well. That was the plan anyway.

From the Democrat & Chronicle:

A decision announced Monday to move ahead with the Renaissance Square project will allow federal funds to be spent on a bus station and a community college campus.

Funding for the third part of the project, a 2,800-seat theater, has not been secured and if the money isn't raised, the theater won't be built, Monroe County Executive Maggie Brooks and Sen. Charles Schumer said during a joint appearance in Rochester.

"The likelihood of federal or state funds being raised for the theater is unlikely for the foreseeable future, certainly for the next few years," Schumer said. "Given the economic situation, it's difficult to raise private funds, so moving forward with the community college and the bus terminal is very important. We don't want to hold things up any longer."

Some of you may be saying: "Big deal. No theater. Who cares." Rochesterians should care. What sort of "Renaissance" with a capital 'R' does Rochester hope to effect with a bus station and a satellite campus? How will these two components bring people downtown? Going ahead without the theater would mean, in my honest opinion, not going ahead at all, but just standing still, which Rochester has proved itself quite capable of doing over the past few decades.

So Batavia, take a lesson. Do not do what Rochester does. This does not mean sink all the tax money into expensive cultural projects. What it means is play up your strengths and appeal to the culture of your population by creating an atmosphere that is hospitable to making and performing the arts. The rest will follow.

Batavia already has the authentic urban experience on the Jackson Street block downtown: good eats at locally-owned restaurants, established shops that appeal to people's curiosity and the mall. Uh, wait a second. Scrap that last one. Literally: scrap that last one. Large-scale programs such as Summer in the City do a great job of attracting people to this part of the city. But it's a one-time, thanks for your patronage kind of event. What about micro-celebrations. How difficult would it be to close up a lane of parking across from Margueritas and the Jackson Street Grill, set up some tents, tables and chairs, and serve a summer evening outside. Maybe book a juggler or something to keep folks entertained. I'm sure there are better ideas out there.

Although technically not downtown, the Harvester Center and the many buildings around it, offers a perfect place to start incubating: businesses, artists, offices and public spaces. Maybe above all else: public spaces. Small courtyards where people can gather, grab a drink, listen to some live music, whatever. Maybe a violinist in the local philharmonic can be persuaded, via a modest monetary encouragement, to practice a few nights out in the open, outside a coffee shop that fronts a courtyard in the now verdant square that once was an indsutrial wastescape.

Whatever you do, Batavia, just don't do what Rochester does. No matter how pretty you paint it, you can't call a bus terminal a renaissance.

Well, folks... we're stumped. You see, there's this old highway traffic sign posted up along Route 19 in the town of Le Roy, just outside the village. On it, a flashing message board communicates the message: Shop Main St Leroy in glowing orange letters.

We thought, that's kind of curious. How could an old traffic sign be appropriated to advertise downtown businesses? Seems like a clever idea, and we wanted to find out more about it. Unfortunately, no one seems to know anything about it. We started with a call to the Le Roy village clerk. Sharon Jeary didn't know anything about it. She told us to call Gene Sinclair, the code enforcement officer. Sinclair couldn't tell us anything, either. He knew of the sign, but he hadn't the foggiest where it came from and who put it there. So we called the Le Roy town clerk. Nothing there either. We were told to contact Sinclair again.

Bizarre.

Anyhow, in addition to the message: Shop Main St Leroy, the sign also flashed the messages: Vintage and Vogue and Hobby Horse. Now, I don't know what "vintage and vogue" might mean, but I've been to the Hobby Horse, a neat little shop on Main Street in Le Roy that sells everything from alpaca wool socks to antique gewgaws. In fact, The Batavian interviewed the shop's owner, Anne Walters, last summer. You can watch the video of that interview and learn more about the Hobby Horse by checking out that post.

We'll see what we can find out in the meantime.

(Updated 1:00pm): It seems we've solved the mystery of the sign. Anne Walters, over at the Hobby Horse, told us that the sign is owned by a fellow in Le Roy whose sister-in-law is an antiques dealer who rents space at the Hobby Horse and... you guessed it, Vintage and Vogue, also a shop on Main Street in Le Roy. He likely bought the sign at a state auction and thought it might be a good way to advertise downtown business.

The Genesee County Chamber of Commerce has announced its 2008 Chamber Awards winners. Awards honor individuals and businesses in Genesee County that have shown a commitment to community.

This year's recipients are:

Business of the Year

Roxy’s Music Store
Rose Caccamise
228 West Main Street
Batavia, NY  14020 

Special Service Recognition: Agriculture

Tom Rivers
c/o The Daily News
2 Apollo Drive
Batavia, NY  14020

Special Service Recognition: Business

The Mancuso Family
C/O Rick & Ben Mancuso
216 Main Street
Batavia, NY  14020

Geneseean of the Year

Betty Lapp
9464 Creek Road
Batavia, NY  14020

From the Chamber:

The Genesee County Chamber of Commerce is celebrating its 37th Annual Awards Dinner which will be held on Saturday, March 7, 2009 at the Batavia Holiday Inn. This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism. Ticket prices are $55.00 per person or a table of 10 for $500.00. 
 
Come enjoy an evening of Awards, Fun, Friends & Food. This year’s theme is GROW-4U, Genesee Region Organizations Working For You.
 
If you are interested in Sponsorship Opportunities you can select from the below or contact Kelly J. Bermingham, Director of Membership & Special Events, to create a package specifically tailored to your requirements/needs. Call 585-343-7440, ext. 26 or email kbermingham@geneseeny.com.

Yesterday, we ran a post about the push by some members of Batavia's City Council to cut down on the funding for downtown celebrations, such as Summer in the City and Christmas in the City. Councilman Bob Bialkowski explained that they only wanted to limit the amount of funding available to cut down on overtime costs, but that they would not eliminate the celebrations altogether. Bialkowski justifies the push for cuts as a measure to minimize the city's property tax rate. Opponents of the cuts, however, argue that any cut in funding would shift too much of a cost burden onto the Batavia Business Improvement District, sponsors of the events.

What do you think?

Earlier this morning, one of our readers, John Roach, left the following comment:

It’s a shame that after all the hard work by BID, the 5 Republicans on City Council have submitted a budget proposal that will take enough money away from city celebrations and events that it might kill the Summer/Christmas in the City.

That caught our attention, and we set out to find exactly what the City Council had planned for budget cuts that might affect future events downtown. We asked for comment from Council President Charlie Mallow and Don Burkel, director of the downtown Business Improvement District. Burkel has not yet commented. Burkel responded via e-mail at noon today:

"There should be no budget cuts for Christmas in the City, Summer in the City or any other BID activities, as this would definitely have a negative impact on the downtown businesses.  In this time of economic hardship the merchants need these events to generate activity to attract shoppers and visitors to the Batavia Business Improvement District."

Mallow responded in an e-mail:

"I was sent a proposed amendment to lower the city's contribution from a few of the council members. Council will be talking about this proposed amendment as well as the rest that were submitted on Saturday.

"From my point of view a consensus was come to on the amount of this line item in the last budget. I do not support the cut, I think its unfair and hurts the businesses downtown and I think doing anything to jeopardize either event would lower our quality of life in the city.

"The members that proposed the amendment alluded to the idea that they had a majority in favor of the cut. I find that hard to believe."

While we were waiting to hear back from Mallow and Burkel, we also spoke with a few other members of Council: Rose Mary Christian, Kathy Briggs and Bob Bialkowski.

Bialkowski, who expressed an overall optimism about the budget process this year, said: "We're not eliminating any downtown events." Instead, he said, several members of Council were looking at ways to reduce overtime costs—especially those related to the management of downtown events—to help reduce the property tax burden. While this would not "eliminate" downtown events, it would reduce the funding available for them.

According to the budget proposal prepared by the office of the city manager, actual overtime costs so far paid out in the current budget season total more than $530,000, as listed in the budget's general fund. That total does not include such special funds as water and sewer, ambulance—in which overtime costs exceed $300,000—and the mall, which for some reason is maintained as a separate fund.

Nevertheless, most of those overtime expenses fall within the budgeted amounts. In fact, both fire and police overtime costs were under. For some reason, the communications department totaled more than four times what was budgeted. To date, that department has accrued $28,612 in overtime costs, while a mere $7,000 was budgeted.

What's most apt here, however, is the overtime cost for "community celebrations," which has totaled $4,997 so far. Those are the costs that Bialkowski has called into question. He says that if the city could get more use out of volunteers for the downtown celebrations and shift the schedule for assistance from public works employees from the weekend to Friday and Monday, the cost would drop from, say, $1,000 to $500, since overtime costs would be avoided.

"I'm a big believer for volunteering for events," he said. "We're just trying to keep any property tax minimal. We're looking at all costs, trying to keep it down as low as possible."

Cutting back on overtime costs are just one way he would hope to get expenses down for the next budget season. He has proposed a list of amendments, he says, that would reduce about $70,000 in "miscellaneous items" and by sharing services and getting more time out of certain city vehicles.

Christian and Briggs said that the cuts proposed by Bialkowski and others would, in fact, cut the funding for downtown events and shift the cost burden onto the BID, which would not be able to manage, and so be forced to eliminate the events.

"Some council members have recommended cuts in this area," said Briggs in an e-mail. "One suggestion was cutting it from $3,000 to $2,000. Nothing is definite yet. In my opinion the events shouldn't be scrapped. I'm not going to support this cut. We can't expect the Business Improvement District to pick up all of the cost, and we have to have some celebrations, right!"

Christian is of the same mind. She says that she is "not one of them," referring to some other members on Council who are trying to cut the funding for downtown events. Instead of those cuts, she said that she asked for City Manager Jason Molino to see if he can cut 1 to 1 1/2 percent from elsewhere in the budget. She hopes to get an answer on where and how that might be pulled off at the session Saturday.

"We'll see if Jason can find cuts in certain areas," she said. "The budget is astronomical. It's $24 million. We have to be realistic. The economy is a disaster. The stock market is a disaster. Even the president has said, it's not up to government, it's up to us. It's up to the people to make a change."

It's up! The sign that caused quite a stir over the summer has been installed out front of the Batavia City Centre. Isn't it pretty—and it only cost us... what was it... oh, right around $20,000. (Personally, I say for $20,000, we should have bought a hatchback, mounted a megaphone to the roof, and hired a driver to circle the city continuously intoning: 'Come to the mall. Come to the mall. Please.' But the sign is nice, too.)

That big, blank, white face just begs the question: What should be the first message? This sign is supposed to boost business for the shops inside the mall. So what message would get you inside the mall to spend your hard-earned cash?

While we're on the topic of mall signs... Has anyone caught a glimpse of the old sign lately? That's somewhat of a trick question, because if you're heading east on Main Street, you have to see through—or around—the tree that all but blocks the view of the sign from that direction. No matter. Even if you saw that side of the sign, it wouldn't make much sense. Intended to advertise the movies now showing at the cinema in the mall, it currently reads: 'BET' for the first film and 'ARLE' for the second. Any guesses?

So what is the mall telling people with these two signs? The new one seems to say: 'Hey, come buy our stuff. We're fresh and lively, and we believe in the majesty of British orthography.' But the old one tells us: 'We're rusting. Honest to God: we're rusting.'

I mean, come on: 'BET' and 'ARLE'. Well, at least when spring comes, the leaves will blot out the reference to the Genesee Country Mall.

I went out a few minutes ago to take some photos for a post that will be going up this afternoon. In the half hour or so I was out on Batavia's sidewalks and city streets, I found much to be lamented. Sidewalks out front of the Batavia City Centre (a.k.a., the Genesee Country Mall; a.k.a., the Mall) were treacherous. In a span of maybe a couple hundred feet, I nearly fell on my arse a handful of times. Who is responsible for salting those walks? I could understand if it was in that shape earlier this morning. But it's nearly noon. That's lunch time. Do we need people breaking hips on their way to scarf down a BLT?

Is it the responsibility of the individual shop owners to salt out front of their establishment wherever it fronts Main Street? Or is it the responsibility of "the mall" in general? If the latter, who in particular takes care of that?

Of course, this problem is not only confined to the mall. Other Main Street shops need to be much more diligent about salting out front of their establishments. Unless, that is, they want to discourage their clientele from visiting the shop.

Even worse than the sidewalks, however—and I'm sure I'm not the only one to notice this—is the stretch of Ellicott Street for about fifty feet on either side of the railroad tracks that cut across the road right near Center Street.

It is horrendous!

The blacktop is so chewed up that it's like driving off road in a rocky gully.

How about you? Have you found troubles with potholes and unsalted sidewalks?

We stopped by a few businesses in Batavia earlier today to see how they've been holding up amidst the brutal storms over the weekend and today. Whiteouts and incessant snow may have deterred a few shoppers, but for the most part, business has found its way here. That's especially the case at Stan's Harley Davidson, where the three employees who were able to make it in to work today—several were called and told they didn't have to come in—could barely keep up with the swell of shoppers cycling through. We would love to hear from other businesses around town. How did you fare?

Last week, we asked readers to consider what one project Batavia should pursue if the funding were in the bag, no strings attached. Batavia's City Council President Charlie Mallow called for the resurrection of the city's old plans for reconstruction of the Masse-Harvester industrial complex downtown. We were curious to hear more of these plans, so we sought further information. Here's what we've found out so far.

Let's start with the graphic, shall we...

This swank boulevard would be the view from the ground in the midst of the "Industrial Powerhouse Square," otherwise known as the "Swan Masse Village" in Batavia's Central Corridor between Harvester and Swann streets downtown.

From the original project proposal:

Overall, the goal in this project area was to rejuvenate the Swan Masse Village, as it once was a renowned downtown industrial hub and “business incubator.” The plan introduces separate structures of mixed-use light industrial, commercial and housing with an urban appeal and vibrancy that consists of lighting, pavement enhancements, pedestrian pathways, open space and streetscape amenities. Central to the development was keeping the powerhouse intact for two important reasons: 1) to keep costs down by retaining the boiler system for the nearby structures that rely upon it, and 2) to strengthen the image as an industrial center as well as maintain the historical integrity and sense of place.

This "downtown hub" of mixed-use structures, tree-lined avenues and "streetscape amenities" would rise from the ashes—or in this case the demolished rubble—of some 40 acres of vacant land and crumbling infrastructure. It would look something like this:

We've been informed that the Genesee County Economic Development Corp. is looking into potential state grants totalling some $2.7 million that would be used for the city's Central Corridor. Other grant opportunities are being researched by the city, as well. Whether or not anything like this plan for the Swan Masse Village would be part of those plans remains to be seen.

What do you think? Would this be a wise way to remake the city's Central Corridor? Would it provide the spark to send Batavia into its renaissance? Do we need more? Less?

Click here to download the plans.

Genesee County residents will see no increase in their property tax rate for next year, according to the Daily News. County legislators made the cuts necessary to keep the rate at $9.82 per $1,000 of assessed valuation.

In other news, Country Max has taken over the former Pet Mart store in the city of Batavia. Unfortunately, the article is not entirely clear on what this means. It seems as if "Country Max has a 10-year lease at its new location," yet it's also stated in the article that "Pet Mart is still listed as being owned by Andrew Mistler, father of local entrepreneur Ken Mistler." Further, the article states that Ken Mistler manages the Pet Mart store, but he "wants to become less involved with that business." Wouldn't the fact that a different company now owns the business mean that Mistler wouldn't be involved at all?

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Thanks to Don Burkel of the Batavia Business Improvement District for passing along this television commercial for Christmas in the City. It's got all the details about the big event coming up a week from Friday.

There's still no word yet on when Pontillo's restaurant in Batavia will reopen its dining room, and no one has yet come forward with information regarding the lawsuit between the brothers. But some good news has graced the sign in the parking lot out front of the Main Street restaurant:

Also, a truck has been spotted out back of the restaurant on several occasions over the past week. Renovations?

Please click here to download the complete schedule of events for this season's Christmas in the City celebration in downtown Batavia. Choristers, bands and other musicians will be touring downtown shops throughout the evening. Find out who will be where and when. Don't forget: the Batavia Concert Band and In Jest will be taking the stage in the Batavia City Centre.

We here at The Batavian heard from multiple sources over the past few days that the St Nicholas Social Club of Batavia had been closed down. We spoke this morning with Tim Walsh, a member who was on site at the Swan Street social club. Walsh is the current club manager.

When asked if the club was closed, Walsh replied: "No, not at all."

"It's mostly been rumors from disgruntled employees who were let go," said Walsh of all the talk that the club was shut down. The family that had been in charge of the place for the past ten to twenty years or so had been let go, he said. It's likely that they were responsible for spreading the rumors. Walsh figured it was a board decision to let them go. "It was time for a change."

St Nick's, as it's more commonly known, has been around since at least the 1950s, said Walsh. It's a membership-only Italian social club, in his description.

"We have 1,100 members," said Walsh. "We're trying to get most of them to come in and patronize the place. It's tough times right now."

"Friday nights we knock 'em dead here," he added. "We're open for lunch Monday through Friday, and for dinner on Wednesday or Friday. Lunch and dinner is not restricted to members. Friday nights are our busiest night each week."

Only members and their friends, however, can drink alcohol at the club because of state regulations. St Nick's also has a karaoke night once a month and hosts "a lot of benefits," he said.

"This is the best club in town," said Walsh. "Just about everyone in town knows we're here."