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Law and Order: Suspect caught going through vehicles on Union Street

By Howard B. Owens

Joshua John Dibble, 35, of Pearl Street, Batavia, is charged with petit larceny. Dibble was allegedly caught going through vehicles and stealing property on Union Street at 2:37 a.m., Monday.

A 16-year-old resident of Linwood Avenue, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. The youth was arrested in connection with an unspecified incident reported at 3:50 p.m., Saturday.

Danny D. Williams Sr., 28, of Pearl Street, Batavia, is charged with disorderly conduct. Williams was charged following a report of multiple people fighting on Holland Avenue at 7:40 p.m., Thursday. Williams is accused of making violent and aggressive actions toward police and was arrested on the disorderly conduct charge without further issues.

Gary D. Burney, 36, of North Spruce Street, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Burney allegedly violated a stay-away order by entering a residence on North Spruce Street at 4:22 p.m., Thursday. He was also charged with criminal contempt and harassment second stemming for a reported incident July 11, 2016. He was also charged with harassment, 2nd, criminal contempt, 1st, burglary, 2nd, grand larceny, 4th, and endangering the welfare of a child stemming from an incident reported Nov. 12.

Devon D. Rogers, 30, of Langfield Drive, Buffalo, was charged with burglary, 1st, criminal mischief, 3rd, assault, 3rd, and criminal contempt stemming from an incident reported at 3 a.m., Saturday. He was also arrested on a warrant. Rogers was allegedly at a residence on Pearl Street, Batavia, in violation of a stay-away order. He allegedly became involved in a fight and injured another person. He was ordered held without bail.

Qumane J. Santiago, 18, of Main Road, Stafford, is charged with menacing, 2nd. Santiago was arrested after police responded to a report of a disturbance on Central Avenue at 8:45 p.m., Friday. Also arrested, Brandon C. Smart, 39, of Huchins Street, Batavia. He was charged with disorderly conduct. He is accused of trying to start a fight with people walking in the area while in the presence of police officers. Richard G. Hafford, 39, of Liberty Street, Batavia, was also charged with disorderly conduct for also allegedly trying to start a fight.

Tiffany A. Kent, 28, of Wood Street, Batavia, is charged with obstruction of governmental administration, 2nd. Kent allegedly tried to hide her roommate from police when they arrived with a warrant for the roommate's arrest moments after the roommate had been seen entering the residence. Kent allegedly refused to cooperate with police even after several warnings.

Alex J. Ianita, 23, of Bank Street, Batavia, is charged with criminal possession of a weapon, 3rd. Ianita was allegedly found in possession of brass knuckles at 3:38 p.m., Friday. He was jailed without bail.

Joseph J. Mazzarella, 64, of Summit Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Mazzarella was allegedly involved in an incident where he prevented the other person from contacting emergency dispatchers and pushed the person to the ground. He was jailed on $250 bail. He was also arrested on a warrant.

Charles E. Schmidt, 46, of Alexander Road, Batavia, is charged with harassment, 2nd. Schmidt allegedly hit another person while at the Genesee County Fairgrounds at 11 p.m., Saturday.

William Alexander Gruschow II, 37, of Union Street, Spencerport, is charged with harassment, 2nd. Gruschow allegedly passed a note to an employee at Batavia Downs causing the employee to become alarmed.

AR-Rahmaan M. Jones, 36, of East Avenue, Le Roy, is charged with two counts of criminal possession of a controlled substance, 7th, and one count of unlawful possession of marijuana. Jones was arrested by members of the Local Drug Task Force following a stop Friday on Ellicott Street. He also had a warrant for his arrest out of the City of Batavia. He was jailed on $1,000 bail.

Photos: Taste of the Track at Batavia Downs

By Howard B. Owens

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There was a big turnout yesterday for Taste of the Track at Batavia Downs, with several food vendors providing a variety of treats, along with retail vendors and live musical performances, including the Batavia High School Jazz Ensemble.

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Batavia MS students join veterans for celebration of Flag Day

By Howard B. Owens

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Mia Schrader, a student at Batavia Middle School, read her winning essay yesterday on what the American Flag means to her during a Flag Day ceremony at the VA Hospital in Batavia.

Students at the school wrote essays and made paper flags for the veterans and took part in the celebration yesterday, which included a performance by St. Joe's Brass Band.

All of the student essays were bound into the book to leave at the VA Center for the veterans to read and one copy, along with a Certificate of Appreciation, was given to Stephen Stanko by Frank Panepento. Stanko is a Vietnam veteran, serving in Vietnam from 1967-69 with the Marines.

Mia said she appreciated the flag because it symbolizes the sacrifices others have made so she can live in peace and security and pursue an education and the activities in life she enjoys.

"I think if you can’t talk to the people who have served us and thank them in person for what they have done, then look to the American flag," Mia said. "That is definitely a way to thank the people who have served us."

Listen to Schrader read her essay (mp3).

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Le Roy resident accused of allowing people to regularly use his place to smoke marijuana

By Howard B. Owens

A Le Roy resident was arrested after police investigated complaints that he was repeatedly allowing groups of people in his residence for the purpose of smoking marijuana.

Jason Lee Perry, 22, of Myrtle Street, Le Roy, is charged with one count of criminal nuisance in the second degree. He was jailed on $3,000 bail.

Le Roy PD says this was an ongoing issue and such gatherings occurred on a regular basis. Police said they received multiple complaints from neighborhood residents who were concerned and bothered by it.

Air quality alert issued for today

By Howard B. Owens

The Department of Environmental Conservation has issued an air quality alert for today, which is in effect until 10 p.m.

Air quality levels in outdoor air are predicted to be greater than an Air Quality Index value of 100 for the pollutant of ozone.

When pollution levels are elevated, the Department of Health recommends that individuals consider limiting strenuous outdoor physical activity to reduce the risk of adverse health effects. People who are especially at risk are those with pre-existing respiratory problems such as asthma and heart disease.​

Female reportedly kicking a vehicle at North Lyon in Batavia

By Howard B. Owens

Dispatchers have received multiple calls on some sort of disturbance at North Lyon and West Main streets. Batavia.

A female was reportedly kicking one of the vehicles.

A silver SUV left north on North Lyon with all participants leaving in the vehicle.

Photos: Bergen community picnic

By Howard B. Owens

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Bella Wilder, and below, Wayne Bennet, perform during the "Bergen's Got Talent" competition at the annual Bergen community picnic today.

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Here's something I hadn't seen before: Bergen has a "Library in the Woods" in its park.

Elba holds first Muckers and Sons event

By Howard B. Owens

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Elba Central Schools parents and teachers organization hosted its first Muckers and Sons event -- with real Elba muck supplied by a local farmer -- at the school today.

(Apologies to the folks in Elba -- I only have one picture because I had an incorrect setting on my other camera, so all of the pictures on that camera were overexposed.)

Photos: Troop A open house celebrates 100 years of State Police service to local communities

By Howard B. Owens

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Investigator Ron Wilson volunteered to be the guy who got tasered today to demonstrate the nonlethal method for subduing suspects for dozens of people who turned out today for the Troop A open house at the Batavia Barracks of the State Police.

The taser demonstration was one a of a dozen similar events staged by troopers during the open house, held to as part of the 100th Anniversary of the State Police.

Troop A is especially proud of the anniversary because it is one of the four original troops in the state, and it's always been based in Batavia, thanks to lobbying by the local Chamber of Commerce in 1917.

The garage at the barracks was also opened for historical displays, including classic and vintage patrol cars.

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(This 1983 Dodge sedan brought back memories -- it's just like the patrol vehicles we had when I was a Law Enforcement Specialist in the Air Force.)

Bench at War Memorial honors local paratrooper who died serving her country

By Howard B. Owens

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Karie Schmigel wipes a tear away during a ceremony dedicating a memorial bench for her daughter, Sgt. Shaina B. Schmigel, this afternoon at War Memorial at St. Jerome's in Batavia.

Sgt. Schmigel, a paratrooper, died in a training exercise at Fort Bragg, N.C., May 30, 2014.

During her military career, Schmigel served in Iraq in 2011 and earned the Army Commendation Medal, Army Achievement Medal, and Army Good Conduct Medal.

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Byron-Bergen's Burke becomes state champion in high jump

By Howard B. Owens

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With a jump of 6' 8", Byron-Bergen's Brandon Burke became the New York State Class D2 champion in the high jump today. Burke also took second place in the triple jump and the long jump. 

Photo and info submitted by Patrick McGee.

Photos: Color Me Rad at Darien Lake

By Howard B. Owens

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Darien Lake Theme Park hosted the Color Me Rad 5K for this year today. The event is a fundraiser for Special Olympics.

More than 1,000 people participated in the 5K.

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Photos: A tour through Copart in Le Roy

By Howard B. Owens

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Friday afternoon was member appreciation day at Copart in Le Roy and The Batavian was invited out for some BBQ and a tour.

I first became aware of Copart in the early morning of March 26, when a car caught on fire behind the electrified and locked gate, which made it difficult for firefighters to gain access, so the fire spread to other vehicles, so it was interesting to learn more about the facility.

One of the managers, Scott McCumiskey led the tour.

Copart specializes working with insurance companies to acquire and sell "total loss vehicles." That's the bulk of its business, but it also sells vehicles that have been donated to charity. 

All auctions are conducted online and buyers must be members, and either a licensed dealer or affiliated with a licensed dealer. Different condition cars tend to have different kind of buyers, buyers that specialize in each kind of vehicle, such as those that can be driven off the lot, those that can be repaired and resold, those good only for parts and those that are nothing but scrap metal.

An insurance loss car might sit on the lot for 30 to 90 days until the insurance company releases it for sale. Sometimes that release for sale might take months or years, depending on the legal case a vehicle might be involved in.

Cars donated to charity are usually sold within a week of arriving on the lot.

Copart has 190 locations worldwide, including in Canada and Europe, with 125 in the United States, including three in New York. The Le Roy location's territory stretches from Syracuse to Buffalo. The company was founded in 1982 in Vallejo, Calif., by Willis J. Johnson, who remains chairman of the board. It is now based in Dallas.

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Vehicles involved in serious-injury or fatal accidents might sit in the lot for months or years while civil cases remain pending. The cars are sealed in plastic and tagged as a potential biohazard. Only insurance company or attorney representatives can then enter the vehicle.

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Most of the vehicles involved in the March 26 fire have been sold, probably for scrap metal, but these few remain.

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Copart also takes in and resells boats, as well as other vehicles, such as semi-trucks, trailers, RVs, and buses.

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This bus was destroyed in a fire more than a decade ago and it's been sitting on the Copart lot ever since. The insurance company has not yet released it for sale, presumably because there is a civil case still pending.

Two adults and teen arrested following disturbance on Holland Avenue, Batavia

By Howard B. Owens

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      Jaequele Tomlin

A melee on Holland Avenue on Friday evening involved multiple underage youths and a BB gun, and when police arrived, two adults got involved, and then, there was a kitchen fire.

The result: Two adults and one juvenile arrested, at least one person taken to a hospital, and a ruined dinner.

The adults charged were Jaequele M. Tomlin, 22, of East Main Street, Batavia, and Lionel J. Anderson Sr., 45, of Oak Street, Batavia.

Tomlin is charged with disorderly conduct, attempted assault, 2nd, obstructing governmental administration and resisting arrest.

Anderson was charged with disorderly conduct.

Batavia PD, along with troopers and deputies, responded to a report of multiple individuals involved in a fight with at least one weapon involved at 4:37 p.m.

Once police arrived, another fight broke out.

That fight allegedly involved the adults, and Tomlin allegedly then fought with officers on scene.

A 16-year-old is also charged with criminally using drug paraphernalia.

A witness said the fight started on Holland Avenue, with several youths taking off their shirts and engaging each other in a physical fight.

One youth reportedly shot another youth with a BB gun.

The person shot was a juvenile and his name has not been released.  

Police said there was one injury as a result of the shots, but did not specify who was shot. The victim was treated and released at UMMC.

As police were attempting to sort out the incident, a kitchen fire broke out at 23 Holland Ave. and a woman came out of the house complaining that with all the commotion, she wasn't able to pay attention to cooking dinner.

City fire was already on scene to assist with medical issues and firefighters quickly dealt with the fire and kept it from spreading.

The fire seems to have started with a pot on the stove and spread to the wall behind a microwave.

Tomlin was ordered held without bail.

Police say the investigation is ongoing and they don't anticipate releasing more information until the coming week.

(Initial Report)

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Photo: Downtown Public Market opens for the summer season

By Howard B. Owens

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The Batavia Downtown Public Market season has started and the market will be open three days a week this year, Tuesday, Thursday and Friday, from 9 a.m. to 4 p.m.

Above, one of the vendors, Charleen Satkowski, of Harper Hill Farm, of Darien.

Photos: Culvert replacement on Creek Road, Batavia

By Howard B. Owens

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Creek Road near Lehigh Avenue, Batavia, is closed for culvert replacement.

Even though signs warn of the closure as far back and East Road, people are still driving all the way down to the barriers, even semi-trucks, according to a Creek Road resident, who thought it might be a good idea to remind residents of the closure.

The closure started Wednesday and is expected to last for seven to 10 days.

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Middle school students to honor veterans at VA on Flag Day with flags and essays

By Howard B. Owens

It would mean a lot to Frank Panepento if you would come out to the VA Center in Batavia at 1 p.m. on Sunday to celebrate Flag Day with our veterans.

It will mean a lot to him because it means a lot to the veterans living at the center.

Panepento helped organize the event, which will include a motorcycle procession from Stan's Harley-Davidson and a presentation by students from Batavia Middle School, who wrote essays on what the flag means to them. 

The BMS Art Department also created flags for the veterans.

"For the residents in the hospital, just to know that someone cares about them is huge," Panepento said.

St. Joe's Brass Ensemble, which Penepento leads, will also play.

New England's large dairy company, HP Hood, buying former Muller Quaker plant

By Howard B. Owens

One of New England's largest dairy producers, HP Hood, with an increasing reach into New York, is acquiring the former Muller Quaker Dairy plant in the Genesee Valley Agri-Business Park in Batavia.

The plant has been vacant, except for a few maintenance workers, since Theo Muller Group and PepsiCo dissolved their yogurt-making partnership in December 2015. A month later, Dairy Farmers of America, a dairy farmers cooperative, purchased the 363,000-square-foot, state-of-the-art milk processing facility for $60 million.

Since then, DFA has been mum about its plans for the plant, and for 2017, the company wound up paying all of the property taxes due on the two parcels, more than $650,000, because they were not meeting the employment obligations of the PILOT (Payment In Lieu Of Taxes) agreement Muller Quaker received for the project.

Rumors have started circulating weeks ago that DFA planned to sell the plant to a large dairy producer.

Public documents released by the Genesee County Economic Development Center in advance of a meeting next week where new tax incentives will be considered indicate that Hood is the buyer. It is a 170-year-old company that does more than $2 billion in business annually, and is based in Lynnfield, Mass..

Hood is a subsidiary of Catamount Companies. The owner and CEO is John A. Kaneb, who is also a part-owner of the Boston Red Sox.

News of Hood's purchase is good news to local dairy farmers. Both Shelly Stein of Stein Farms and Dean Norton, former NY Farm Bureau president and owner of a dairy farm in Elba, said anything that creates more demand for local milk helps all farmers.

"Anything that can go into that plant and help with the oversupply of raw milk that we have in the Northeast right now, that would be good," Norton said.

Norton said he has met Kaneb a couple of times.

"He's a good guy and it's a pretty solid company," Norton said.

Bill Baskin, owner of Baskin Livestock in Bethany, got his start in the dairy business in Massachusetts, so he is very familiar with Hood and said it's a good, old, old, old company with deep roots in Boston.

The funny story, he said, is that his great uncles had a 700- or 800-cow dairy farm back in the 1940s and they didn't like the price they were getting from Hood for milk, so they started their own bottling plant, which years later they sold.

Both Stein and Norton are DFA members. Norton said he doesn't know, but he would expect that DFA will become the supplier of milk for Hood's operations.

Monica Massey, senior vice president and chief of staff for DFA, said she could not confirm the transaction with Hood.

"We are getting close to finalizing an agreement," she said.

Massey said DFA acquired the plant as a "strategic opportunity" because the region is an important and underserved milk shed.

Asked if DFA would supply milk to Hood, Massey said, "We acquired the facility because we thought it would benefit our member-owners." That is still the goal, she added.

Hood's purchase price for the former Muller Quaker plant has not been released, but GCEDC documents indicate that Hood plans to add another 100,000 square feet to the plant, which is already considered the largest in the United States, for a warehouse.

How much that additional investment will cost is not disclosed in the documents.

While Muller Quaker topped out at 162 jobs created, Hood promises 250 jobs at the plant, with an average annual salary of $47,000.

Hood plans to begin construction this summer and be operational by the first quarter of 2019.

Construction will create 524 jobs with a payroll of nearly $26 million.

The original cost of construction for the plant was $206 million, which is the cost of capital investment still tracked by GCEDC for its accounting purposes.

The GCEDC board will be asked to consider reinstating the PILOT, which will provide Hood with more than $7 million in tax abatements over 10 years, with an anticipated total economic benefit to the region of more than $330 million.

Hood has been expanding into New York and other parts of the United States over the past few years. In 2004, the company acquired Crowley Foods, based in Binghamton. It's also acquired dairy companies in Minnesota and Sacramento, Calif.

Eric Zuber, a local dairy farmer and VP of Upstate Niagara Milk Cooperative, said he hasn't heard what Hood plans to do with the plant, but like Stein and Norton, he believes anything that will "soak up some of the milk supply" is a good thing.

"There sure is a lot of milk around right now," he said. "A little more capacity with the right thing is a good thing. We need more processing capacity. I don't care where it comes from."

Hood and Kaneb, he said, have a good reputation in the dairy industry.

"He’s done a fantastic job with (Hood)," Zuber said. "They know how to manage a milk plant. Whatever they decided to do, I'm sure it's going to be first class."

Uber and Lyft say there's demand in Batavia for ride sharing and they're ready to begin service by the end of the month

By Howard B. Owens

The demand for ride sharing in Western New York, including Genesee County, is strong and has been growing for years, according to the two leading companies expected to provide service locally as soon as it's legal on June 29.

Representatives of both Uber and Lyft said they anticipate being able to provide service to Batavia and the rest of the county that day and they're getting ready to meet the demand.

Both companies are eager to be ready for a potential surge in demand around the July 4 holiday.

Ride-sharing services are a child of the mobile digital age, allowing private drivers to make themselves available to offer rides to people who hail them through a mobile app on a smartphone.

Both Uber and Lyft have become global companies with valuations in the billions of dollars and both companies compete fiercely for drivers and riders. It's been years since either company has been able to expand service in a U.S. market, such as Upstate New York.

Sen. Micheal Ranzenhofer sponsored a bill passed by NYS Legislature and signed by Gov. Andrew Cuomo to make ride sharing legal Upstate in time for the July 4 weekend, after the Legislature had previously approved ride sharing this year.

The lobbying effort by Uber and Lyft included more than $2.6 million combined in campaign contributions. Details do not yet seem available on how much in campaign contributions Ranzenhofer might have received.

A spokesperson for Uber said the company has been eager to start service in Upstate because the demand for the service has been so strong. Certainly in Buffalo, but even in Genesee County, said Alix Anfang, adding that drivers have been signing up in numbers that give the company confidence they will be able to provide fast and reliable service.

"New York, Upstate New York, is one of the last places in the country to have access to ride sharing and people in the area have been demanding it for years," Anfang said. "The governor and the Legislature listened to their constituents and their desire for better transportation options and we're excited we will be able to offer the service."

While there are small cab companies in Batavia and a bus service, ride sharing helps enhance those services rather than compete against them, Anfang said.

"The reports show that more the ride sharing available, the more people use public transit," Anfang said. "The real competition for ride sharing is personal car ownership."

Oftentimes, Anfang said, ride sharing is a "last-mile solution" for people who would want to use public transit, but a bus doesn't get them close enough to their intended destination. Many ride sharing customers, she said, take a bus and then use ride sharing for that last mile.

"If you can get reliable ride sharing, you're more likely to leave your car at home," she said.

Bar and restaurant owners may be one of the biggest beneficiaries of ride sharing. It's smarter to hail a ride, and even plan ahead, with an app on a smartphone than it is to risk a DWI arrest, which is one reason Uber and Lyft were eager to get the service legal and up and running by July 4.

Uber isn't just successful in large cities, Anfang said. Throughout the country, Uber has found willing drivers and demand for services in rural areas as well.

"We want to be everywhere and serve every customer as soon as we possibly can and we're working to make sure we can be ready, especially with the July 4th holiday coming," Anfang said.

Campbell Matthews, representing Lyft, provided the following statement:

"We are excited to officially become a part of communities across New York State,” said Jaime Raczka, regional director of New Markets for Lyft.  “In every community in which ride sharing operates, it improves road safety, boosts local economies, and brings local families needed income.

"We thank the thousands of New York State residents who fought to bring these benefits to their neighborhoods and cities, and we look forward to becoming New Yorkers' ride-sharing platform of choice.”

UPDATE: Daniel Aikin, a spokesman for Micheal Ranzenhofer, said the senator hasn't take a dime in contributions from either Uber or Lyft. "His support for the expansion of ride-sharing across Western New York is a result of thousands of Upstate New Yorkers demanding access to this new, safe and reliable transportation option."

Developer says the complicated financing for Ellicott Station coming together on schedule

By Howard B. Owens

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The financing of the Ellicott Station project by Buffalo-Based Savarino Companies is complicated, but it's moving along at a swift pace and CEO Sam Savarino doesn't expect any delays in financing that would prevent construction from the starting this summer.

Savarino Companies will have a direct investment of about $3.5 million and will borrow approximately another $10 million or more and local, state, and federal programs will cover another $5 million or so of the more than $18 million in project expenses (a bit of an increase over prior project estimates).

Assistance programs to make the project viable come in three forms: tax abatements from the Genesee County Economic Development Center, grants from the State of New York, and a federal New Market Tax Credit program.

"We knew going in we had a hole in this budget of about $5 million," Savarino said. "The state came in, Empire State Development, and filled part of the hole with the grants that they have, but it's still left us out there and that's why we went out we said we need enough allocation to fill that hole."

That hole is being filled by the New Market Tax Credit program, created about two decades ago in part to replace grants that financed many failed urban renewal programs. Tax credits on the project that can be sold as assets help create a market-driven way to encourage development in economically distressed neighborhoods. It's a way for the market to help decide which projects are worthy of assistance rather than the federal government making the decision.

The tax credits are administered by Community Development Entities (these can be for-profit companies or nonprofit agencies). The CDEs decide which projects to back. The tax credits are then sold to investors, who can use the tax credits or sell them on the open market.

"An area like this particular area is a distressed area," Savarino said. "It's got way more unemployment than other areas in the county. It's got way more incidents of poverty of people living there, more than any other part of the county. It's also a brownfield site. So it's got all those things going against it. That's just the type of site -- and by the way that has prevented its redevelopment --  it makes it too expensive to really redevelop. It's not really marketable. That's exactly the type of project that the New Market Tax Credit program is meant to address. But there are federal tax credits and they're meant to bring life into sites and generally in cities that don't have that much of a chance."

Julie Pacatte, economic development coordinator for the Batavia Development Corp., said Ellicott Station is unique in the county because the total investment exceeds $5 million to $10 million, which is necessary to even attract New Market Tax Credits.

"That's what makes it difficult for rural communities to access the program because projects generally don't project to that kind of scale to access the program," Pacatte said.

Savarino said the Ellicott Station project will use about $7.5 million in tax credits, which will translate into about $2.5 million in direct investment into the project.

Without the assistance programs, traditional lenders wouldn't even consider a project with the liabilities of the former Della Penna property, which needs extensive environmental remediation and is in a neighborhood with higher than average unemployment and lower than average incomes.

"There's no way it would even be financeable," Savarino said. "It's not just a developer like ourselves coming in and so everybody can gainsay your efforts over there because of you and you are out there trying to -- you're not going to do this to lose money. We're judged more harshly by the people who come and provide the financing for something like this.

"So we take a risk for going out and risking that we're going to lease up these units. We're risking that will lease up the commercial space. We're taking the risk that we've got a cap on the cost, and we have all the normal risk that you have (in a development)."

Some of the risk is mitigated by the fact that Savarino has already secured an anchor tenant for the project, Resurgence Brewery, out of Buffalo, which will open a restaurant, beer garden and sour beer brewery at the location. That business is expected to create at least 15 full-time jobs.

Savarino said the Resurgence owners are eager to get going and would move in today if they could.

The complicated financing isn't anything new for Savarino Companies, which has been involved in redeveloping several properties in Buffalo that were also highly distressed and needed to make variety a variety of financing and investment options to make them viable. 

The New Market Tax Credit is limited to the commercial side of the project. For that, Savarino must secure the tax credits, attract the investors, find additional financing, get the proper approvals from local and state officials, and then the company must still also secure financing for the apartment complex.

Over the course of planning, the apartment complex has gone from 30 units to 42, to 47, and now the plans call for 54 units.

"When we started laying it out and we actually got the building down, we got to our unit mix and it turned out that we could fit 54 units in there," Savarino said.

That's one reason the costs have gone up a bit, but a recent environmental examination of the property also uncovered a surprise -- a previously unknown storm water drainage canal running under the entire length property.

The canal -- they're calling it the "Grand Canal" -- shows up on no maps, no site drawings, no infrastructure maps. It was built of brick long, long ago and forgotten about.

There's also evidence of contamination in the canal.

The best-case scenario is the canal can be declared as abandoned and filled in (as a matter of engineering, the buildings can't just be built on top of it), but if it needs to be rerouted, it can either be mitigated by connecting it to existing drainage lines under Ellicott Street or put under the easement for the new Ellicott Trail, which will run behind Ellicott Station. Savarino isn't expecting the canal to blow up the budget.

"Some of that is just the nature of the brownfield redevelopment and the remediation program of the state's is intended to offset those costs," Savarino said. "So to the extent that you find something that's a little worse than what you knew about, your site-prep costs will go up, and hopefully it works out such that you get the tax credits to offset that cost."

Savarino and Pacatte were at the Genesee County Planning Board meeting last night as part of the process of getting land-use approvals for the project.

The planning committee recommended approval of the site plan.

The project moves forward next with a GCEDC public hearing June 20 on the $1.5 million tax incentive package, which includes breaks on sales and mortgage tax, and a payment in lieu of taxes plan on the new tax liabilities generated by the increase in assessed value of the property. That same day, the city's Planning Committee will review the site plan and on June 22, the Zoning Board will review the plan.

This morning, the County Legislature held a special meeting to approve a $225,000 grant to assist construction of the brewery and restaurant for Resurgence Brewery. The grant is a pass-through of federal Community Development Block Grant money administered by the state's Office of Community Renewal. The special meeting was necessary because today was the deadline for completing the application.

Savarino said he doesn't anticipate any delays in financing, that financing should close in July and construction will begin in August.

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