Business Report: Before Signing Commercial Lease, See This

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Jennifer Tsyn is a business law attorney with Bond Schoeneck & King.

By Jennifer Tsyn
Whether your business is just starting up, expanding, or relocating, you are likely to find yourself negotiating a lease. Of major concern to most commercial tenants are the maintenance, upkeep and repair of their space and the entire building. These issues should be carefully negotiated and then written into the lease.
1. Who is responsible for repairs and maintenance of the tenant’s space?
Commercial leases often require that tenants maintain, repair and replace those portions of the HVAC, electrical, plumbing, and water and sewer systems that are located inside or outside of the leased space, but which exclusively serve the leased space.
Tenants should always take steps to learn whether the heating, cooling and ventilation for their space will be provided by a shared HVAC unit or a designated HVAC unit, and whether that unit will be considered to be inside their space or outside of it (for example, if there is a rooftop unit).
In addition, tenants should be aware that maintenance, repair, and replacement are not the same thing, and each should be addressed. If the tenant is going to be required to “maintain” any of the HVAC or other systems, the tenant should make sure to know if they will need to enter into a contract for regular maintenance with an outside provider, and, if so, how much that is expected to cost.

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Business Briefs: October 2019

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The Glens Falls Collaborative will hold its annual Boo2You Halloween festival on Saturday, Oct. 26, from 2-4 p.m.
People are encouraged to attend in costume to trick-or-treat and enjoy the festivities. The rain date is Sunday, Oct. 27, 2-4 p.m.
Activities along Glen Street, and in City Park include trick-or-treating at downtown storefronts, meet and greet with costumed characters, performances by local dance schools, and a Fun Zone, including pony rides, petting zoo and games.
This year, there will also be a Candy Row on Ridge Street for senior citizen residents of Cronin high-rise to hand out candy, and a Harry Potter-themed Hogwarts School tour at St. Mary’s-St. Alphonsus School at 10 Church St., courtesy of the SMSA Parent-Teacher Association.
New for 2019 is a carved pumpkin contest.Participants must pre-register at www.glensfallscollaborative.com/boo-2-you/ by Oct. 24. Attendees can vote on their favorite pumpkin and prizes will be handed out at 4 p.m. in front of the Wood Theater.

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Melissa Brennan Goes From Running Daycare To Owning Health-Conscious Restaurant

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Fresh ADK, owned by Melissa Brennan, is expanding. The original space continues to serve as the kitchen, a pickup space for take-out and a popular smoothie bar.

by Andrea Palmer
Prior to opening Fresh ADK, a restaurant at 11 South St. in Glens Falls, Melissa Brennan owned and operated daycare centers for 21 years. In 2015, she became sick and gained weight.
It led to starting a business that pays attention to healthy eating.
“My body started to shut down, and I didn’t know why. So I left the daycare business. I literally thought I was dying,” said Brennan.
“I found out it was all food-related. I took time to figure out myself what was wrong, because there wasn’t a doctor who could tell me. I’d always wanted to try something new, and I knew there were other people like me who had food-related sickness. So I opened the restaurant,” she said.
Brennan chose to operate the business almost entirely by herself.

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Briana Lyons Creates Wide Ranging Business Doing Photography, Social Media Consulting

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Briana Lyons started The Yellow Note as a small shop that sold stationery. It evolved into a multi-faceted business and studio at her home, involving her photography.
Courtesy The Yellow Note

By Rachel Phillips
In a digital world of iPhones and social media, one local woman started a business to help people connect “the old-fashioned way.”
Briana Lyons started The Yellow Note in 2013 as a small Etsy shop that sold stationery and custom address stamps. Though rewarding, her career in social work had left her lacking a creative outlet, inspiring her to open her store.
As a means of promoting her products, she created an Instagram account where she shared photos of her family and lifestyle along with her products. To her surprise, her photography became popular, and The Yellow Note, located out of Lyons’ home in Glens Falls, has since evolved into a multi-faceted business and studio.

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Study Commissioned By American Express: Women-Owned Businesses Fuel Economy

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Women-owned businesses continue to fuel the economy and now represent 42 percent of all businesses — nearly 13 million — employing 9.4 million workers and generating revenue of $1.9 trillion, according to an annual State of Women-Owned Businesses Report, commissioned by American Express.
In 2019, U.S. women with diverse ethnic and geographic backgrounds started an average of 1,817 new businesses per day between 2018 and 2019, down only slightly from the record-setting 2018 number of 1,821.
The annual report, based on U.S. Census Bureau data adjusted by Gross Domestic Product data, found that women-owned businesses continue to trend above all businesses. Over the past five years:
• The number of women-owned businesses increased 21 percent, while all businesses increased only 9 percent.
• Total employment by women-owned businesses rose 8 percent, while for all businesses the increase was far lower at 1.8 percent.
• Total revenue for women-owned businesses also rose slightly above all businesses: 21 percent compared to 20 percent respectively.
“The face of entrepreneurship is evolving to include all women, regardless of demographics. Even more impressive is that women are starting businesses on their own terms, whether it be their full-time focus or a part time activity,” said Courtney Kelso, senior vice president of American Express. “The economic impact of women-owned businesses is undeniable, from the trillions they contribute via revenue to the millions of jobs they provide. We are committed to backing these women entrepreneurs because when they win, we all win.”

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Minority, Women-Owned Businesses Won Billions In State Contracts In FY 2018-19

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The utilization rate for Minority and Women-Owned Business Enterprises (MWBE) on state contracts increased to 29.13 percent during the 2018-2019 fiscal year, achieving the highest rate in the nation, state officials said.
In total, MWBEs won more than $2.93 billion in state contracts during the 2018-2019 fiscal year, officials said.
“In New York, we know that diversity is a strength, not a weakness. And when we empower minority and women-owned businesses to compete for state contracts, we create a better New York for all,” Gov. Andrew Cuomo said. “Our nation-leading utilization rate reflects the unmatched pool of MWBEs in the Empire State and our concerted efforts to create a more equal playing field for these companies.”
“We are breaking down barriers for aspiring entrepreneurs and providing opportunities to ensure the growth and success of minority and women owned businesses,” said Lt. Gov. Kathy Hochul. “The renewal and expansion of our robust MWBE program is advancing New York’s nation-leading MWBE goals, with the utilization rate climbing to 29.13 percent. We are committed to encouraging and supporting minority and women owned businesses across the state, creating jobs and strengthening the economy as part of our overall efforts to promote diversity.”

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Danielle Kresge Opens Elle Salon In South Glens Falls Offering A Variety Of Services

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Elle Salon is new beauty salon at 125 Main St. in South Glens Falls, opened in August by Danielle Kresge. It is open Monday through Saturday.

by Andrea Palmer

A new beauty salon has opened at 125 Main St. in South Glens Falls.

Danielle Kresge began taking clients in August and had a soft opening on Sept. 7.

“It’s something I’ve wanted to do my whole life, since I was a kid,” said Kresge. “My aunt had a salon and I grew up around that environment. I always had a fascination with hair. I went to beauty school right after high school, and have been doing it ever since.”

Kresge has been in the industry for nine years, most recently working at a salon in Saratoga Springs.

“I knew I wanted to do my own thing and create my own environment, where clients could feel relaxed. I wanted to create a space where I could give each client individual attention and care,” said Kresge. “I want a calm and relaxing atmosphere.”

Kresge moved to the area in 2018 from Florida, to be close to family. She is originally from Scranton, Pa., and currently lives in Glens Falls.

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Business Report: Businesses Can Be Protected From Divorce

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Tammy Arquette, matrimonial attorney at the Arquette Law Firm.

By Tammy J. Arquette, Esq.
Small business owners typically put in many hours per week to operate and sustain the success of their company. They make investments of money, time and sweat equity.
They take on debt. And they utilize various experts to assist in the operation of the business, from accountants and lawyers to insurance and real estate professionals. Statistically, 50 percent of all marriages end in divorce, but when you add the stress of building a business, the strain on the marriage may be too much to bear.
Sometimes the best offense to protecting business asset is a good defense planned out when circumstances are still favorable and amicable. A classic example is the effect of a divorce on a small business.
The Domestic Relations Law defines marital asset as “all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided” in a separation agreement. This means that a business venture that is started during the marriage is subject to equitable distribution in the divorce process.
And a business that was commenced before the marriage is also at risk to the extent that it appreciated in value during the marriage.

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C&L Mechanical Provides Services For Industrial, Commercial, Residential Clients

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Daniel Levo, left, and Nelson Charron, co-founders of C&L Mechanical Corp.

By Rachel Phillips
After throwing the idea around for several years, two local union officers decided to try their hand at running their own plumbing business.
C&L Mechanical Corp. is a veteran-owned business that specializes in the piping industry from residential plumbing and HVAC systems, to industrial and commercial piping system installations. Nelson Charron and Dan Levo, who have a combined 40 years of experience between them, launched their business in September.
Based in Moreau, the business services Northeastern New York, from Albany to the Canadian border. Services include plumbing system installations and repairs, backflow prevention, residential and industrial steam and hydronic heating system installation and repairs, fabrication as well as weld inspections. The company is also signatory with Plumbers and Steamfitters Local 773 in Glens Falls to provide manpower when needed.
Charron said the personal approach he and Levo take for each project makes their business stand out among their customers.
“Every client we have, is visited by both owners, and both have input on the project from start to finish,” said Charron. “We will both follow up after project completion for a debriefing, to see if the customer is happy and how things are working. Most importantly, we shake hands, and thank each customer personally.”

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Exhibit Features Paintings By Picasso, Others, Runs At The Hyde Through January 5

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French artist Fernand Léger’s “Fêtes de la Faim (Day of Hunger),” a lithograph in black with three colors,is part of a new exhibit at The Hyde.
Courtesy The Hyde

“Picasso, Braque & Léger: Twentieth Century Modern Masters,” is the new exhibit that opened Oct. 6 at The Hyde Collection, 161 Warren St., Glens Falls.
This exhibition of more than 100 prints by the three modern masters examines their relationships with post-World War II writers, playwrights, and poets, and the artists’ dedication to creating imagery that interpreted modern texts.
Museum officials said all three artists, lured by rich history and thriving culture, moved to Paris, the center of the art world. There, Picasso (1881–1973) and Braque (1882–1963) began to experiment with their artwork, ultimately initiating Cubism.
They were joined by Léger (1881–1955), and the trio ushered in the art movement, which shattered traditional depiction of the natural world at one moment in time and space from a single vantage point. The effects were felt throughout Europe, impacting painting, sculpture, architecture, music, and literature.

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