Business

PepsiCo and Theo Muller officials along with Gov. Andrew Cuomo praised the efforts of local leaders to convince the two international companies to locate their new yogurt plant in Batavia.

The executives, elected officials along with a host of local dignitaries gathered at the new Muller Quaker Dairy plant in the Genesee Valley Agri-Business Park today for a dedication ceremony for the new plant.

Indra Nooyi, CEO of Pepsi, said once it was time to make a decision about the location for the plant, Batavia was an easy choice.

"I must say the Genesee County people and the governor’s office were just amazing in the way they worked with us," Nooyi said. "There was no competition. We love being here. The Genesee County people have to be given a lot of credit, the way they brought the forces of the county together to get everything expedited in such a short time. I think it is a real textbook example of how to attract investment into any community."

Stefan Muller, the CEO of the newly formed Muller Quaker Dairy company, said the day that executives traveled to the Genesee Agri-Business Park, the amount of support Genesee County lined up for the visit was impressive. There were representatives from local government and utility companies making promises on delivery of what Pepsi and Muller would need to build the project.

"I have seen 60 sites that were just locations on a map and I have seen six sites personally, but what we saw here was just outstanding," Muller said. "We were promised to get all of the permissions within weeks and we couldn’t believe it."

Gov. Andrew Cuomo also praised Genesee County officials and said the effort to bring the Muller Quaker plant to Batavia is an example of how New York is open for business.

“We want business in New York," Cuomo said. "Business is the engine that drives the train, providing the jobs, providing the opportunity, providing the career ladder, providing the revenues to local governments. It’s all about making the private sector run and making the private sector run well and government partnering with that private sector. “

Yogurt, Cuomo said, is quickly becoming a big part of New York's economy -- production is up 60 percent in the past few years and there are now 49 yogurt plants in the state. He said the state is committed to ensuring the yogurt industry succeeds.

"We believe in the yogurt story and we’ve invested in the yogurt story," Cuomo said. "It is a big, big business in the State of New York."

He announced an Aug. 15 summit of leaders in the yogurt industry and dairy leaders to help facilitate, he said, the two groups working together to grow the yogurt industry.

"We want this business to do well," Cuomo said. "We want this business to thrive and we want this business to thrive in the State of New York."

Pepsi is committed to growing in the nutritional food categories, and dairy in particular, Nooyi said.

"Dairy products are a $500 billion industry that is expected to grow rapidly in the high single digits," Nooyi said. "We believe that here in the United States the growth potential for dairy is virtually unlimited."

The yogurt market, she said, is "largely untapped." The per-capita consumption of yogurt in the U.S. is half what it is in many other countries."

Muller said the new product is sweeter than what Theo Muller makes in Germany to meet U.S. consumer expectations and Nooyi praised the new yogurt.

"The Muller Quaker Dairy line is going to bring a whole new taste experience to America that’s not like anything that’s available in the country today," Nooyi said. "Try it and you’ll see that it’s more rich than any other yogurt you've tasted.

"It’s creamier. It’s more delicious. It doesn’t have any chalky aftertaste. It's really something you’ll enjoy eating day in and day out, maybe even three or four times a day."

Muller said the online feedback on the new product has been fun to read.

"I read on the Internet, on a blog, one consumer was writing, she tried the product two weeks ago and she is writing it is insanely delicious," Muller said. "This was really, I think, the right comment."

Both chief executives praised their new business partner as the perfect fit for how each company would like to grow.

"I have to say it was good and smart that we took the time because we found the right partner with PepsiCo and the yogurt market is booming," Muller said. "It’s still a very small market compared to other countries and we have products which are very unique and are really outstanding for the American market."

Nooyi said Pepsi has the distribution system to get the new product onto store shelves throughout the United States.

She also said the two companies share a core value in being committed to their local communities.

"One of the reasons this is a great partnership is both companies are committed to growing our businesses and both are committed to growing our local communities," Nooyi said. "When this plant is complete next year, it will be one of the largest yogurt plants in the United States. It’s going to source largely from New York State dairy farmers and other quality suppliers around this great region. The best part is it will create 186 local jobs next year."

Reminder, the "Let's Beat Bath Salts" rally is tomorrow (Saturday) from 11 a.m. to 4 p.m. at L&L Transmissions, 8781 Alexander Road, Batavia.

Sponsors for the event are:

Press release:

In its latest step to ensure the safety and enjoyment of guests going to the Darien Lake Performing Arts Center, Darien Lake has announced it will require concertgoers to park in free on-site lots. As of Aug. 17, pedestrian access to the Performing Arts Center will be restricted to passenger drop-off at a designated area near the main gate.

“We offer more than enough parking to accommodate park visitors, overnight guests, and a sell-out crowd at the Performing Arts Center,” explained Darien Lake General Manager Bob Montgomery. “In our work with Live Nation, the Genesee County Sheriff’s Department, and New York State Police, we’ve determined that allowing pedestrian access to concerts increases risk to those walking along the roadway, increases traffic jams before and after concerts, and increases the incidence of excessive pre- and post-show alcohol consumption.”

The new parking rules mark the second significant step Darien Lake’s management organization, Herschend Family Entertainment, has implemented this year to improve the concertgoing experience. At the beginning of the 2012 season, Darien Lake stepped up patrols to decrease the incidence of underage drinking at its events. As a result, arrests for underage drinking have more than doubled over last year.

To help enforce its new parking policy, Darien Lake will erect a fence along Sumner Road (County Road 21). Construction of the fence began on July 24th, and will take approximately three weeks. All concert attendees will be required to enter by vehicle at the main Darien Lake entrance. There will continue to be no charge for on-site parking for concertgoers.

“Darien Lake was built to handle an influx and outflow of traffic,” Montgomery said. “With less traffic coming onto side roads from offsite parking, we believe this new policy may ultimately result in smoother traffic flow.”

The Darien Lake Performing Arts Center schedule includes eight concerts between now and the end of this year’s concert season (Sept. 15). The new policy will be in effect beginning August 17, throughout the 2012 and future concert seasons.

The way Russ Walker sees it, the day is coming when the government bans the internet sale of electronic cigarettes, just as the state has done with tobacco cigarettes.

When that happens, Walker said, storefront locations offering the modern alternative to tobacco-based products will be in a good position to grow.

A couple of weeks ago, Walker opened R.W. Vapors at 224 Ellicott St., Batavia.

E-cigs are cigarette-shaped devices that are designed to deliver the sense of smoking. They contain a liquid that is heated and vaporizes. The liquid can be flavored and may contain nicotine in varying amounts, from none to a heavier concentration, depending on the preference of the consumer.

"I can't make health claims about e-cigarettes," Walker said. "It is an alternative to tobacco. You're not getting all of the carcenogens. There's no combustion."

Typically, e-cig smokers are people who want to get away from smoking tobacco, or use the product as a bridge toward quitting cigarettes.

While Walker sells novelties as well in his store, he said he won't knowingly sell his product as a novelty to somebody just looking to experiment with e-cigs.

"This isn't for anybody who isn't already on some form of nicotine," Walker said. "I don't recommend starting a nicotine habit if you don't already have one."

Walker also won't sell to minors, even though a state law regulating the sales of e-cigs based on age won't go into effect until January.

As for the liquid, Walker said he mixes all of the liquid himself.

"It's not imported from China," he said. "It's all made locally."

Walker said he sells a variety of flavors and can make custom-order mixes.

As for the novelties -- what he carries in his shop are decidedly old-school pranks and jokes. He said he knew his shop would need to offer a variety of products besides e-cigs so he picked a product line he said he's always enjoyed.

The store also carries some jewelry -- charms and bracelets.

Robert Brown, an Albion resident, stands with his hot dog cart outside Batavia City Hall on Tuesday afternoon.

It's been about a decade since the city has approved permits for street vendors, but recently decided to start issuing them again.

Brown and his partners jumped on the opportunity and were the first vendors approved for a permit.

They've been running hot dog carts in Orleans County for a number of years.

"We found out the city was going to allow street vendors," Brown said. "It's been a while since it's been allowed, but we thought this would be a great city (for a hot dog cart)."

The hot dog stand opened on Friday and Brown said he and his partners will operate the cart from 11 a.m. to 4 p.m. Monday through Friday offering hot dogs, hamburgers and sausage.

In an apparent attempt to intimidate news reporters from covering the activities of her stores, the woman who has identified herself online as the owner of at least four outlets of The 420 Emporium contacted law enforcement on Monday and accused The Batavian's publisher of harassing her.

A police officer with the Greece PD contacted Howard Owens at 9:18 p.m., Monday, and ordered him to not have further contact with Amber Snover.

Snover was the subject of a story on The Batavian on Monday identifying her as the self-proclaimed owner of 420 shops in Brockport, Fulton, Henrietta and Syracuse.  It's unclear if she also owns the Batavia store at 400 Ellicott St.

When contacted via phone on Monday, Snover denied ownership of all five locations and Owens followed up with a text message question and an exchanged ensured in which she accused Owens of harassing her even though it was his first contact with her.

Owens, who had identified himself clearly on the initial call, informed Snover further via text that he was a reporter with legitimate questions.

When Owens told the Greece PD officer the same thing, the officer told Owens he had no right to contact Snover, that she was "alarmed and annoyed" by the contact and that if he contacted her again "we will issue a warrant for your arrest."

The Public Information Officer for the Greece PD, Capt. Steve Chatterton, said today the contact by the officer was a typical courtesy call placed by a police officer at the behest of an individual who wanted to request no further contact.

Chatterton said no police report was taken and no charges are pending. He said if Owens felt obliged as a journalist to seek an interview in the future with Snover, an arrest warrant would not be automatic. He said the circumstances of the case would be reviewed with the Monroe County District Attorney's Office before deciding how to proceed.

Press release:

Today, Senator Charles E. Schumer announced a critical funding commitment for the Genesee Gateway Local Development Corporation (GGLDC) through the Economic Development Administration (EDA), to complete essential infrastructure improvements at the Genesee Valley Agri-Business Park (GVAB) in Batavia.

In March of 2012, Schumer urged the EDA to support the ag park’s water system after the GGLDC applied for a $1 million investment from the EDA Public Works Program, which will go toward infrastructure improvements needed to support Muller-Quaker partners' -- Theo Muller Group and PepsiCo -- new $206 million yogurt manufacturing facility in the ag park.

Today, the EDA notified the GGLDC that the agency was granting it a $1 million preliminary award pending receipt of final supporting documents.

“This federal investment will mean more jobs and economic activity in Upstate New York, and more demand for our dairy farmers’ product. It is great news for the Genesee County’s Agri-Business Park that further solidifies Upstate New York’s place at the top of the rapidly expanding Greek yogurt production industry,” Schumer said.

“I urged the Economic Development Administration to support this project so that Genesee can pave the way for a major new water system at the Agri-Business Park in Batavia, helping to sprout hundreds of new jobs and Pepsi’s new Greek yogurt plant.

"The Agri-Business Park is going to be a huge driver of jobs and economic growth, and it’s clear that EDA agrees we need to make this investment to create jobs and new markets for our farms and dairies. The EDA made a smart choice and will get real bang for their buck with this investment.”

In March of 2012, Schumer wrote and personally called EDA Acting Assistant Secretary Matthew Erskine to issue his support and noted that this investment would allow the ag park to construct an aquifer-direct water system, which is required for food processing and yogurt-product manufacturing.

The federal award will also help the project leverage millions in private-sector investments and will create approximately 186 jobs at the plant, all while providing a critical boost as Genesee County and Upstate New York work to keep pace with the lucrative and fast-growing yogurt production industry.

The GGLDC will use the $1 million, plus a local match, to construct an aquifer-direct water system required by food processors as municipal water is not optimal for the manufacturing process of yogurt products.

In addition to PepsiCo’s Muller-Quaker plant, the aquifer system will be utilized by other tenants at the park, such as yogurt product producer Alpina Foods. Alpina is in the process of constructing a 40,000-square-foot yogurt processing facility in the ag park and anticipates beginning production late this summer with the hiring of 50 new employees.

Schumer highlighted the fact that multiple economic development projects would be set to utilize this aquifer system once constructed, and noted that the project fits squarely in line with the administration’s focus on developing regional clusters of growth in specialized high-tech manufacturing.

This funding will help Genesee County close an over $1 million funding gap needed to upgrade the park’s road and sewer infrastructure to accommodate forthcoming new tenants like Muller-Quaker, Alpina, and Genesee Valley Mushroom.

In May, Schumer led the effort to secure $105,000 from the USDA to upgrade an essential pump station necessary to increase the park’s wastewater system’s capacity to support the park’s new tenants. To overcome the last of this funding gap, Schumer is also spearheading an effort to secure a $200,000 grant from USDA to construct the required secondary access road into the park. The USDA expects to announce winners of that grant within the next few weeks.

Earlier this year, Schumer urged Muller-Quaker partner PepsiCo, to source as much of the milk for their product as they can from New York’s dairy farmers. The new plant, to be built in Batavia, will create 186 jobs primarily around the manufacturing of various Greek yogurt products. Schumer noted that the plant will be the largest manufacturing operation to locate in Genesee County in the past 50 years.

Dairy processing has significantly increased, thanks to the opening of several new yogurt plants in the state, and the new Muller-Quaker plant represents the latest opportunity to increase demand for New York dairy products, a welcome boost for New York’s long-suffering dairy farmers.

The EDA Public Works Program provides funding for distressed communities to revitalize and upgrade physical infrastructure to attract new industry, encourage business expansion, and diversify local economies.

The Economic Adjustment Assistance Program helps address the needs of communities experiencing adverse economic changes that may occur suddenly or over time caused by international trade, long-term economic deterioration, loss of major community employer, or loss of manufacturing jobs. Funding can be used for infrastructure improvements like sewers.

In an effort to better match patient care training with patient needs, UMMC recently eliminated eight licensed nurse practitioner positions in one department, but most of the people in those positions still have jobs, said Colleen Flynn, spokeswoman for UMMC.

Four part-time LPNs -- employees working no more than 20 hours a week -- were offered positions elsewhere in the hospital, Flynn said. Two accepted, one decided to go back to school and Flynn hasn't heard yet what the fourth LPN decided to do.

The four per diem positions -- LPNs who filled in for vacations or to shore up other staffing shortfalls -- in the medical surgical floor unit were eliminated but these nurses were given the opportunity to train for new per diem positions with the hospital.

Three were retirees who elected to stay retired, Flynn said, and the fourth will continue to work on a per diem basis for UMMC.

"We separated the positions to better match up skill sets for staffing reasons," Flynn said. "In most cases, hospitals no longer utilize LPNs in acute-care settings, but we still need them in other places. The scope of the practice and licensure determines what they can do for a patient."

In modern health care, patients are not as routinely hospitalized as in the past, so when patients arrive at UMMC now, Flynn said, their needs are much more acute.

"To be a hospitalized patient these days, you have to be very sick," Flynn said. "Because the acuity of patients there are more demands for patient care, so that’s why we decided just to use registered nurses (in that department)."

Press release:

Batavia Downs Casino generated more than $11.5 million for education during the first two fiscal quarters of 2012 (January - June), according to the recently released data by the Division of Lottery. As part of Batavia Downs Casino’s ongoing support of New York’s education, 51 percent of Batavia Downs Casino net win is given to the New York Lottery.

“We’re proud to our contributions to New York State Education, year after year," said Mike Kane, president and CEO of Batavia Downs Casino.  “Compared with the revenue generated last year in the same time period, we’re looking at major growth.”

Batavia Downs’ contributions from January – June in 2011 were 9.86 million dollars, making this year’s contribution a 17-percent increase from last year.  Since opening in 2005, Batavia Downs Casino has generated more than $120 million in education funding for New York.

Rep. Kathy Hochul heard a good suggestion from constituents today during an agriculture roundtable she hosted in council chambers at Batavia City Hall: Young people need to be taught more about farming.

Lorna Klotzbach first raised the issue.

In the Oakfield-Alabama Central School District, Klotzbach noted that "there is no FAA and there wasn't when I was in school that I can remember. There are very few teachers with an agricultural background. There is no training for farm careers. There is very little of that in Genesee County altogether."

Klotzbach noted that she's heard students suggest that farm work is really only for illegal immigrants.

"The smartest, most skilled people I've known are farmers and we hold them in such low esteem," Klotzbach said.

Hochul said she could envision supporting some sort of pilot project to help fund agriculture training in local schools and getting support for an informational campaign to elevate farming as a career choice.

Domestically produced food is a key component of national security, said Hochul, who sits on the House Homeland Security Committee.

"Congress has a roll to play in directing funds (to ag training)," Hochul said. "We need to help people embrace the patriotic sense you get from the American family farm. That's what we're all about, the entrepreneurial spirt that this country is built on."

Farm labor was a big part of the morning discussion, with much of it centered on the difficulty farmers have these days in finding qualified, legal labor.

Hochul noted that with the opening soon of the Alpina and Pepsi yogurt plants, the demand on local milk supplies will increase 15 percent, and that doesn't mean more cows and milking parlors. It means more farm workers will be needed.

"If we don’t get more people in this workforce, we’re not going to be able to capitalize on the opportunities that we have right here in Genesee County," Hochul said.

The congresswoman said she is looking at how to move some of the recent refugees -- who are mostly from agrarian countries -- in Rochester and Buffalo to work on Genesee County farms.

There is apparently a growing Burmese immigrant community in Buffalo, with many people from rural communities.

The problem Hochul said she wanted to tackle is transportation, but Matt Lamb said transportation isn't an issue.

"We can house these people," he said.

If the workers are qualified and willing to work, there's work and shelter available for them now.

Klotzbach said that if Burmese workers were going to be brought to Genesee County to work on farms, it needs to be approached in a comprehensive way, with assistance to school districts for appropriate classes and ensuring Burmese families have a chance to retain their culture while assimulating to a new one.

"It doesn’t do any good to bring one Burmese family to Pavilion," she said. That doesn’t work. They need a community."

Hochul said she will look into available options to help find qualified refugee labor and ensure any move of the labor force to the area is done the right way.

Some farmers complained about overzealous U.S. Border Patrol agents, even conducting raids when there was no apparent probable cause for illegal workers being on a property.

Hochul said she's spoken with the director the border patrol and suggested that the Western New York border with Canada has too many agents for the threat level and perhaps some agents should be transferred to Texas or Arizona.

"Our homeland is not in any danger or threat from our farmers," Hochul said. "We need a different attitude."

Eric Betz says he and a lot of his friends are pretty unhappy with what they're seeing in Batavia right now.

Betz wants to do something about it: raise awareness of the dangers of bath salts and send a message that not everybody who enjoys an alternative lifestyle approves of this behavior.

"We don't want people who enjoy their freedom of expression to be equated to these scumbags," Betz said.

He's working on organizing a community event sometime soon that he hopes will bring the community together to rally against bath salts.

He said a few local businesses, such as Bourbon & Burger, Foxprowl Collectables and CPR Computer, have signed on to support the event. Next he wants to talk to the City of Batavia to get permission to hold the event in Austin Park. 

He's also looking for a donation of a car that people can take a whack at with a sledge hammer as a "your brain on bath salts" message.

At $5 a hammer swing, Betz is hoping to raise money for GCASA or another substance abuse program.

Betz, manager and a tattoo artist for Affliction Ink, 440 Ellicott St., Batavia, said "almost every one of my clients is against this crap."

Affliction Ink is owned by Eric Weiss. Both Weiss and Betz are former employees of The Laughing Buddha (440 Ellicott is the Buddha's original location) who left their jobs there, Betz said, because they were concerned about Jason Lang allegedly selling synthetic marijuana. 

Now they're just down the street from 420 Emporium (located at 400 Ellicott St.), which Betz believes has sold bath salts, and he said if they were or are, it's bad for the neighborhood.

People sometimes confuse the two businesses, he said, and he wants to make the distinction clear. Affliction Ink has nothing to do with bath salts, he said, though some people still come into the store looking to buy packages of the narcotic.

"It's getting out of hand," Betz said. "We see people walk by every day high on this stuff. It's disgusting."

One of the big dangers of bath salts, Betz said, is that it makes people paranoid and they might act irrationally, making them a danger not just to themselves but anybody in the community.

"We want to raise awareness about it," Betz said. "I'm tired of hearing people saying they want to leave Batavia because of it. This is my home. I love it here."

Rich Clark of CPR Computers has set up a Facebook page for the planned event, "Let's Beat Bath Salts."

UPDATE: The event is scheduled for 11 a.m. to 4 p.m., July 28, at L&L Transmission, 8781 Alexander Road, Batavia.  Additional businesses supporting the event: Neptunes Gardens Pet Shop, Rochester Metal Booking, B-Town Yellow Taxi, My T-Shirts Etc.  Also, I'm told I got Eric's profession wrong. He does piercings for Affliction Ink.

The new LCD-based sign, replacing the old neon sign, atop Batavia Downs was illuminated for the first time Thursday evening.

In California, I didn't see many asphalt driveways. For whatever reason, most homeowners there prefer concrete (weather, I imagine, is a factor).

It didn't take long after moving to Western New York to figure out that here asphalt is the preferred surface for driveways, and if you're a homeowner who takes routine maintenance seriously, you periodically get your driveway sealed.

A couple of years ago I suggested to Scott Kopper, owner of WNY Blacktop Sealers, that I come out to one of his jobs some time and take a few pictures and learn a little bit about why sealing an asphalt driveway is important. This morning, we actually finally got together for one of his jobs.

Here's what he told me: "A blacktop drive way is a big investment and you want to protect that investment. What blacktop sealing does, not only does it look good, but it makes your driveway more resistant to oil, gas leaks, power steering fluid, and it doesn't oxidize as quickly from the sun beating on it, which means it doesn't crack and break as easily. "

I was surprised to learn the sun does more damage to asphalt than winter salt and snow. Winter damage occurs when a driveway does crack and then ice gets into those cracks, expands and makes them worse.

Josh Dibble was helping Scott this morning at a residence on Vine Street.

Projects approved by Genesee County Economic Development Center:

Triple F Services (Falcone Family Funeral): Sales tax exemption on materials, $27,200; mortgage tax exemption, $6,250; property tax exemption, $0. Falcone is planning on investing $602,000 to build a 4,500-square-foot funeral home in the Town of Le Roy. The company is planning to apply for property tax assistance through the Town of Le Roy. Projected new jobs: three.

Upstate Dodge Chrysler and Jeep, Inc.: Sales tax exemption, $24,800; mortgage tax exemption, $0; property tax exemption, $0. Upstate is planning on making a $655,000 investment to renovate an existing building at 125 Prospect St., Attica (Genesee County) and relocate its existing dealership from 15 West Ave., Attica (Wyoming County). Projected new jobs: 17.

Will Greek yogurt mean a boom for local dairy farmers? Marwa Eltagouri takes a look at that question for the Buffalo News.

Local dairy farmers Gordon Offhaus and Dale Stein are featured.

In order to keep up with the Greek yogurt demand, it is estimated that milk produced by Western New York farmers must increase by 15 percent over the next four to five years, said Dave Dean Norton, president of the New York State Farm Bureau.

Since there isn't enough milk in the state right now to feed the Alpina Foods and PepsiCo plants, the plants will have to pay additional costs to freight the milk in from another state, likely Michigan, said Stein, the farmer from Le Roy.

The article is full of useful information to know if this segment of the local economy is important to you.

Workers this morning carefully dismantled the landmark Batavia Downs sign atop the roof of the grandstand of the legendary racetrack.

The neon sign is being replaced with a more energy efficient and less costly LCD sign that has been fabricated to exactly match the lettering of the old sign.

Ryan Hasenauer, marketing director for Western Regional OTB, said officials plan to keep the B and the D from the old sign and display them in some manner on the property, but the future of the remaining letters of the sign has yet to be determined.

Bottom photo: The first two letters of the new sign, time permitting, will be fitted into place some time today.

Joy Hale is this year's winner of the annual Don Carroll's Toys for Kids lottery ticket basket raffle. The basket contained more than $200 in scratchers and gift certificates (not counting potential winnings, of course). Hale's ticket was drawn by Jeff Heubusch, owner of Southside Deli, who donated the lottery tickets. Above, Carroll, left, and Heubusch.