downtown

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."

From the Batavia Business Improvement District:

This is a contest for children, twelve years and younger, to make a holiday ornament and enter it into this contest. The ornaments will be displayed on a Christmas tree in the Batavia City Centre. The winners will be announced on Friday, December 5th. Winners will be announced at Christmas in the City, at 6:45pm, on the Main Stage in Batavia City Centre.

The Ornament Committee is looking to have prizes to give out to the various children whose ornament(s) win in the different categories.

If you are interested in donating a prize to this contest please contact Loretta Delpriore at 344-1283 by Wednesday, November 19th or fax the form below to: 815-4310. She will provide you with contest forms and other information.

Click here to download the donation form.

Last week, The Batavian reported that Pontillo's Pizzeria owed in excess of $112,000 in state taxes. That report came on the heels of an article in the Daily News in which Sam Pontillo claimed that he closed the restaurant in order to make renovations and officially purchase the property. A second article appeared in the Daily a couple days after our post that further confounded an already ambiguous story. Since then, more information has become available that may help us to ask some better questions in the hopes of getting some better answers.

On October 31, a civil suit was filed in Genesee County in which all three Pontillo brothers were named. That suit was brought by Buffalo attorneys Amigone, Sanchez, Mattrey & Marshall LLP on behalf of the plaintiff: John Pontillo. Listed as defendants in that case are: Sam, Paul and Salvatore Pontillo. No other details of the case were available at the Office of the Genesee County Clerk, and we have so far been unable to contact any of the brothers. We had left messages for Sam Pontillo last week that were never returned.

A week later, on November 7, a mechanic's lien was filed with the county by Roy H. Turnbull Inc. againt the estate of Elizabeth Pontillo and Pontillo's Batavia Pizzeria Inc. in the amount of $1,181.29. No specifics were listed in the record.

Those are the most recent facts. A search earlier today revealed no new filings with the county. Let us now take a moment to review the news as it was reported in the Daily. We feel that there are some contradictions and ambiguities that may help to shed some light on the situation.

From the first article, which appeared on November 4:

(Sam) Pontillo was advised that it would be better to just close the shop down and then re-open under new ownership. He regrets that he had to cancel a pre-election night party ... But he had no choice, Pontillo said. He was told that renovations were to happen now.

Firstly, who "advised" Sam Pontillo to close and "told" him that renovations had to "happen now"? In the same article, Beck writes that: "Sam has been on site running the Batavia and Le Roy operations the last several years." So if he's running the place, who is telling him to close it? Secondly, what are these renovations that they cannot be postponed even a single day so that the restaurant could cater a local party?

What's most confusing, however, is that in this first article, Sam Pontillo claims responsibility for both operations, in Le Roy and in Batavia. He would have to be running the place in order to make the decision to close it down, right? But in the article that appeared in the Daily on November 7—after The Batavian broke the news that the Batavia restaurant owed some $112,000 in unpaid taxes to the state—Sam Pontillo is quoted as saying: "I was locked out of the whole operation. John and Paul worked there (in Batavia). John was operations manager." Doesn't that contradict the claim in the previous article that Sam has been running the place for "years"?

Joanne Beck writes:

It was only after (Sam Pontillo) started the paperwork to buy the city property that Sam Pontillo became fully aware of the tax situation, he said. He doesn't dispute that tax warrants have been filed by the state Finance Department and Genesee County Clerk's office against the family business, which includes Pontillo's Batavia Pizzeria, Inc. and Sam's Tomato Pies, Inc.

But he doesn't claim them as his, either. The business is still owned by his mother and was not run by Sam, he said.

What!? Does Sam Pontillo run the business or not? What does it mean to be "fully aware"? Could he have been "partially" aware? What would that have signified? How can Sam not claim the tax warrants filed against Sam's Tomato Pies?

It is also reported in the most recent Daily News article that: "Genesee County records did not show any outstanding tax warrants on the Le Roy Pontillo's." That's true. As Sam Pontillo himself says of the Le Roy location: "I don't owe one cent for this place."

But Pontillo's Le Roy Pizzeria Inc. has been named in a civil suit filed by the Workers' Compensation Board of the State of New York that was filed on October 20. The Board also filed a money judgement in the amount of $1,250 against the Le Roy operation. As for any outstanding tax warrants, there are none. Pontillo's Le Roy Pizzeria Inc. was, however, served with a tax warrant by the New York State Department of Taxation and Finance in the amount of $700.63 in November, 2007. That was paid.

All in all, there are more questions than answers at this point, and I have yet to see a single car parked at the Batavia Pontillo's, which is supposed to be undergoing renovations right now. I guess we ought to take Sam Pontillo at his word when he says: "The remodeling won't be an obvious change that patrons will notice."

On a few instances this morning and afternoon, I looked out the window of our Main Street office and spied an "Oversize Load" getting hauled through the city, heading east on Route 5. About an hour ago, I was in my car and spotted another such load. This time, I chased the sucker down, whipped out my camera and got a photo—and please forgive the quality: it was taken from inside my car while I was driving, er, stopped at a traffic light.

Now why would anybody take a photograph of some big... uhh, something... traveling down the street on the back of a hundred-foot flatbed? Well, mostly because I couldn't for the life of me guess what that something was. Now, I don't know about you, but I'm often intrigued by the unknown, especially when it's that large and in my face and unabashedly downtown.

Here's a shot:

This was taken near the intersection of Route 5 and Route 33 as the object in question was headed east toward the town of Stafford. What do you think it is? It looked like it could have been some part of a high-tech flying machine. Or maybe some billionaire mad scientist is constructing an underground lair.

In case you wondering, those youths walking around downtown Batavia by the side of the road and up and down the sidewalk collecting trash—they're not part of any chain gang, and they're not in any trouble.

Much to the contrary.

They are students from Batavia High School putting in their community service time required for graduation. Don Burkel, who heads up the downtown Business Improvement District, told me that some of the students had volunteered to clean up Main Street. We found a couple of them literally picking up butts in front of Main Street Coffee. It was poignant and sad that as this young man told me about his efforts to help clean up the mess downtown, a pair of fellows smoking cigarettes behind the camera threw their still lit butts right onto the sidewalk.

UPDATE (11:14am): As if everyone wants to do his part to negate the efforts of the students trying to clean up downtown... About a minute ago, I spotted from my window looking out on Main Street a truck that sped through the intersection at Bank Street, likely trying to beat the yellow-turning-red light. Whoever was driving the truck either didn't realize or didn't care that the back door was wide open. Because of the hasty run through the intersection, some trash and such in the back of the truck was tossed out into the street where something large and ceramic crashed in the crosswalk. Some other crud also littered the street, including a bag of wires (maybe). Kudos to the fellow working on the restoration of the Cultural Center on the corner there. He picked up a shovel and a broom and cleared the hazard from the roadway, which could have possibly caused an accident. Geez!

Most of the stories on the front page of today's Daily News were already featured on The Batavian this morning. We featured a full post on the court settlement between former priest Simon Howson and the Episcopal Diocese of Western New York. We also included in our early morning roundup two stories picked up from WBTA about the awarding of a $3 million grant to United Memorial Medical Center and the demolition of a downtown block in Le Roy.

We did not yet report that a state committee has begun the search for a private operator to take over the ownership of the state School for the Blind in Batavia. Scott DeSmit reports that "two private entities ... may be qualified to operate the school: Perkins School for the Blind in Masachusetts and The Center for Discovery in Monticello." Other operators may also be interested, and state legislature approval will be required before any move toward privatatization can go forward.

In other news, two new businesses are on their way to the town of Batavia: one to the new shopping center and another on West Main Street Road. Peebles, the national clothing retailer, will host its grand opening on November 13 at its location in the Batavia Shopping Center on Veterans Memorial Drive. Other businesses expected to move into the plaza include: "Cato, a women's and girls' cothing store; GameStop, a video game retailer, and a Shoe Show shoe store." Also planning on an opening by the end of the year is a KFC/Long John Silver's, which is set to open its doors at its West Main Street Road location by Christmas.

As for non-retail construction, an apartment complex set to go in "next door to East Town Plaza" got its approval from the state Division of Housing and Community Renewal. Joanne Beck writes:

The state-funded project is to be 43,000 square feet of a parking lot, two entrances (one for emergency vehicles) and 40 one-bedroom apartments. The units will predominantly be for clients of DePaul, a Rochester-based not-for-profit group that specializes in assisted living programs to help people who have mental illness, are in recovery from chemical addiction and/or live with a developmental disability.

Art enthusiasts and crafters in Genesee and Orleans counties will be happy to learn that galleries and studios throughout both counties will be open to the public this weekend. Genesee gets its turn Saturday from 10:00am to 4:00pm. Orleans will have a go at the same times Sunday. Pick up your free map and brochure listing of all participating studios at GO ART! at 201 E. Main St., Batavia.

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

Larry's Steakhouse is set to open this Thursday for lunch and dinner. Larry's is located at 60 Main Street, attached to the Genesee Country Mall, with front-door access on Main Street.

We stopped by the restaurant today to wish them well and find out more about what they've got to offer. You can download the complete menu here. We also asked owner Steve Mullen if he could describe the place in a single sentence. He told us: "It's a great new dining experience with a very affordable menu." They've got everything from Guinness artichoke dip to marinated Mahi Mahi.

It's not hard to guess that steak is the specialty. Steve recommends the everyday steak special: a 14 ounce NY Strip, with a cup of chili or soup de jour, a salad and a side for $17.99.

If you're looking to save a few bucks, learn yoga and taekwondo or get some free grub, you may want to search out the Downtown Batavia Coupon Book. It looks like this:

Inside, you'll find deals for a free cup of java at Main Street Coffee, a week of classes at Cain's Taekwondo, a session of tai chi at Blue Pearl Yoga, $35 off a pair of glasses at Optique, and much much more. The booklets of coupons include more than 30 downtown businesses and cost $2 each. You can find them at these locations:

Adam Miller Toy & Bike, Angotti Beverage,  Carlson’s Studio, Charles Men’s Shop, Christiano Cellular, Continental School of Beauty, Grugnale’s, House of K, Main Street Coffee, Marchese Computer, Optique, The Cutting Shack, The Spa at Artemis, Valle Jewelers and Washington Towers.

Information from the Batavia Business Improvement District.