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Akeem R. Gibson is indicted on counts of reckless endangerment in the first degree, a Class D felony, fleeing a police officer in a motor vehicle, a Class A misdemeanor, speeding, a traffic infraction, criminal trespass in the second degree, a Class A misdemeanor, resisting arrest, a Class A misdemeanor, and obstructing governmental administration, a Class A misdemeanor. Gibson is accused of driving a vehicle into oncoming traffic on July 30 on Walkers Corners Road, Town of Byron, showing depraved indifference to human left, creating a grave risk of death to another person. He is accused of fleeing a patrol car at speeds that exceeded 25 mph over the posted speed limit. He is accused of entering an apartment at 335 Bank St., Batavia, and remaining unlawfully in the dwelling. He is accused of trying to prevent a police officer from lawfully placing him under arrest. 

Nahzaire N. Murray and Dezirae J. Martin are indicted on counts of grand larceny in the third degree, a Class D felony and of conspiracy in the fifth degree. Murray and Martin are accused of working together is steal property from Ulta Beauty in Batavia that was valued at more than $3,000.

Cody A. Bush is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony and menacing in the second degree. Bush is accused of using a knife to cause another person to be in reasonable fear of serious physical injury or death on April 22 in the City of Batavia. 

Brianna N. Greene is indicted on a count of grand larceny in the fourth degree, a Class E felony. Greene is accused of stealing property from Dick's Sporting Goods on Jan. 8 that was valued in excess of $1,000. In a separate indictment, Greene is also charged with one count of bail jumping in the second degree for alleged failure to appear in Town of Batavia Court on Dec. 20 on a felony charge.

Jamie L. Broadbent is indicted on five counts of grand larceny in the fourth degree, a Class E felony, and one count of petit larceny,  a Class A misdemeanor. Broadbent is accused of stealing a wallet containing five credit cards that were issued in the name of another person.

Russell R. Lawrence is indicted on counts of criminal possession of stolen property in the fourth degree, a Class E felony, reckless endangerment in the first degree, a Class D felony, and unlawful fleeting from police,  a Class A misdemeanor. Lawrence is accused of possessing a stolen 2005 Chevrolet Silverado with the intent to deprive the rightful owner of the property on June 3, and of demonstrating depraved indifference to human life by recklessly driving a motor vehicle through an intersection in Le Roy, nearly colliding with another vehicle that was lawfully in the intersection, and of fleeing a patrol vehicle at speeds that exceeded by the speed limit by at least 25 mph.

Christopher S. Usselman is indicted on counts of criminal mischief in the third degree, a Class E felony and obstructing governmental administration in the second degree, a Class A misdemeanor.  Usselman is accused of intentionally damaging a table worth more than $250 that belonged to another person on April 18 and while at the Genesee County Jail on April 18 of trying to prevent government officials from performing their duties.

Robert D. Griffen is indicted on counts of DWI, a Class E felony and criminal mischief in the fourth degree, a Class A misdemeanor. Griffen is accused of driving drunk in a 2006 Ford on Ellsworth Avenue, Batavia, on July 19, and of intentionally damaging a wall in an interview room at the Batavia Police Department headquarters.

Caroline R. Salemi, 87, of Ellicott Avenue, and Timothy A. Burch, 61, of Ellicott Avenue, are charged with unlawful eviction and petit larceny. Salemi and Burch are accused of removing a tenant's property from an apartment and moving in another tenant without properly evicting the tenant. They also allegedly disposed of some of the tenant's property. 

Warren Thomas Cotton, 46, no permanent address, is charged with criminal possession of a controlled substance 7th. Cotton was allegedly found in possession of methamphetamine after deputies and troopers located a disabled vehicle on Route 33 in Stafford at 10:31 on Sept. 24. Cotton was a passenger in the vehicle and was allegedly found to have a warrant for his arrest. He was held in the Genesee County Jail pending arraignment.

Marcelis Arroyo, no age or residence provided, and Eliezer Morales, no age or residence provided, are both charged with petit larceny. Arroyo and Morales are accused of stealing something at Darien Lake Theme Park on Sept. 23.  Both were issued appearance tickets.

Tony Robert Graber, 44, of East Avenue, Marilla, is charged with burglary 2nd and criminal contempt 1st. Graber is accused of violating a stay-away order of protection at 1:45 p.m. on Sept. 6. He was ordered held without bail.

Joel D. Prouty, 37, of Thomas Avenue, Batavia, is charged with criminal contempt 1st. Prouty is accused of contacting a person in violation of a stay-away order of protection via phone calls while in the Genesee County Jail. Prouty was arraigned in City Court and returned to the jail.

Gregory Gatson, Jr., 33, of Magee Avenue, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and speeding.  Gatson was stopped at 12:55 a.m. on Sept. 30 on Route 33 in Stafford by Deputy Ryan Mullen. He was released on an appearance ticket.

Johnny Burton Koonce, 33, of Conlon Road, Le Roy, is charged with criminal contempt 2nd. Koonce is accused of violating a stay-away order of protection at 2:38 a.m. on Oct. 3 at a location on Conlon Road, Le Roy. He was helped pending arraignment.

Joseph Frank Kosnik, 54, of Maple Road, Corfu, is charged with unauthorized use of a motor vehicle 3rd. Kosnik is accused of operating a truck without the owner's permission at 2:30 p.m. on Oct. 3 on Treadeasy Drive in Batavia. He was ordered to appear in court at a later date.

Jason M. Knobloch, 53, of Pembroke, is charged with DWI/alcohol or drugs. Knobloch was stopped by State Police in the Town of Pembroke at 11:14 p.m. on Oct. 3. He was issued an appearance ticket.

Ronald T. Bliss, 45, of Cheektowaga, is charged with unauthorized use of a motor vehicle. Bliss was arrested in connection with an incident reported at 10:51 p.m. on Oct. 2 in the Town of Pavilion. he was issued an appearance ticket. The State Police withheld further information about the case.

A suspect who fled from a Batavia police patrol attempting to make a traffic stop at Ellicott Street and Liberty Street was not located following an early Sunday morning search in the area of Washington Avenue and Summit Street.

At 12:25 a.m., an officer observed a Ford Edge that was facing south in the northbound lane, according to Det. Eric Hill, in his role as public information officer for Batavia PD. When the officer attempted to stop the vehicle, it ran a red light and sped away.

There was a short pursuit when the driver apparently lost control trying to negotiate a turn from East Main Street onto Summit Street, stopping in the driveway of 5 Summit St. 

The suspect exited the vehicle and fled on foot, running north through backyards, and was last seen by an officer heading west on Washington Avenue in the area of 221 Washington Ave.

The suspect was described as black, approximately 30 years old, wearing a plaid jacket.

A perimeter was established with patrols stationed at Washington and Summit, Bank and Washington, Bank and North, and North and Summit.  A K-9 was deployed for the search.

At 2:18 a.m., the search was halted without officers locating the suspect.

Hill said the vehicle is valid and has not been reported stolen.

Anyone with information or in the area of the perimeter is asked to check their cameras and contact Batavia PD at 585-345-6350. 

(Initial Report)

UPDATE: The Sheriff's Office reports that it has identified the person in the photo.  No further information was released.

Press release:

The Genesee County Sheriff's Office is looking to identify a person of interest in a hit-and-run motor vehicle accident that occurred on Oct. 4 at around 6:20 p.m. in the parking lot of Batavia Downs and Gaming. 

The operator of the vehicle was driving a dark-colored pickup truck.

Any information can be forwarded to the Genesee County Sheriff's Office attention Deputy Jenna Ferrando at jenna.ferrando@co.genesee.ny.us or by contacting the non-emergency dispatch line at (585) 343-5000

The Genesee County Planning Board will consider a site plan review and final property subdivision for Edward Vacuum, $319 million dry pump manufacturing facility in WNY STAMP in Alabama.

The manufacturing facility will be 236,000 square feet and sit on a 50-acre parcel.  Construction, by GEIS Companies of Streetsboro, Ohio, will require 47 acres to be disturbed.

The plant will be constructed on Crosby Drive, north of Stamp Drive, and will connect with a proposed Edward Lane on the east.

Construction will include a parking lot with 300 spaces.

Part of the site plan review includes an environmental review, including how stormwater runoff is being handled.  The system will include detention ponds on site.

There is a possible wetland on the site, but the possible wetland is isolated and will be avoided in construction.

The dry pump manufactured at the plant is a critical component in semiconductor manufacturing and Edwards will be part of the supply chain in semiconductor manufacturing in the Albany area.

The plant is expected to employ more than 300 people.  Edwards is expected to receive a sales tax exemption on construction of $4.34 million and a 20-year property tax abatement of $12.85 million through the Genesee County Economic Development Center.

The Genesee County Planning Board meets at 7 p.m. on Thursday at County Building #2.

The Batavia Blue Devils and Le Roy Oatkan Knights capped Soccer Saturday with a Girls Soccer game that ended with a 3-2 OT win for Batavia.

The boys lost their OT game to Wilson/Early College 3-2.

"It was a wonderful night for our boys and girls senior soccer players," said Roger Hume, head coach for Batavia. "Le Roy didn’t make it an easy win."

In the nightcap, Batavia started the scoring early in the first half with a breakaway run and finish by Ella Shamp, with an assist from Jaimin MacDonals.  

Le Roy scored the next two goals, leaving it senior Ella Radley to tie up the game with two minutes left.  

Batavia came out strong in OT, and senior Anna Varland finished the game with a goal five minutes into the first OT.  

"Batavia did a fantastic job coming back from two goals to one to make this its 12th win of the season," Hume said.  

The Blue Devils remain undefeated.

The Batavian did not receive scoring stats from Le Roy.  Le Roy is  9-4-1 on the year.

The girls' next game is Monday away at Livonia.

In the boys' game, goals were scored by Quintin Cummings, assisted by Troy Hawley, and Troy Hawley, assisted by Rylan Bohn.

 Batavia’s record is now 8 wins and 5 losses on the season.

To view more photos or purchase prints, click here.

Crystal Casper said she and her family love what they do -- farming, raising cattle and hogs ethically and providing customers with healthy, natural foods.

"When you come here, what you're getting is true farm-to-plate goodness," Casper said. "You are meeting the farmers who are raising it. It's right here. I mean, it's my husband and myself. That's my daughter-in-law, my son. And then we have my other three sons and my daughter, who are all part of what we're doing here. So when you come here, you see us. This is the face of what you're getting. And if we tell you, you know, that this is what it is, then this is exactly what it is."

And it is meat raised in pasture, hay, and additive-free feed. That's what the Capsers mean by "All-Natural," which is part of their logo.

"I truly believe that our cows -- we've got cows out here in our pasture that are 15 years old -- so we firmly believe that as we raise our animals as stress-free as possible. We raise them natural. The cows have their calves out in the pasture. We raise the calves on the moms and through November, and then we wean them off their moms where we put them in our feedlot, and then we feed on choice feed. We have fans on them in the summertime. We do everything we can to keep cows comfort to a high point."

The Caspers hosted an open house on Saturday to help introduce the community to what they offer in their retail shop right on the property, which is at 6671 East Main Street Road, Stafford.  Regular hours are Friday from 4 to 7 p.m., Saturday and Sunday from 10 a.m. to 4 p.m., with availability the rest of the week by appointment.

"Last year, we opened up in June, and we really didn't have an open house or a grand opening, so we wanted to do something special since we won the GLOW award for the best farm in the GLOW region and we got third for the fresh meat," Casper said. "We wanted to do an open house to showcase our farm and let everybody see what we have available."

The event featured vendors that serve Casper Farm meat -- such as the Carve'n Curbside food truck -- or that the Caspers carry in their retail shop. That included Blue Groove Coffee, Petals & Flour, and Black Creed Cidery.

"This is a grand opening for people who don't know we're here," Casper said.

The focus is clearly on the meat the Caspers sell, which isn't just beef, but also pork and chicken, all with the goal of raising animals in stress-free environments.

With pork, especially, stress affects the flavor and tenderness of meat.  Stress lowers the PH levels in the animals' muscles. Higher PH levels are desirable, so the pork sold by Casper farms is raised close to the meat processor in Penn Yan so the animals need not be trucked to another location, which increases a hog's stress level.

All of the meat sold by Casper is processed in Penn Yan and Romulus, where the processors are USDA-certified and inspected.

"Everything here has to be USDA inspected," Casper said.

Their meat is also hormone-free.

"When you have your animal processed, if people are using hormones, the internal organs are usually no good," Casper said. "There are a lot of people who want to buy liver, kidney heart, those products -- if our animals were being fed hormones, those products would not be good. We've never had a kidney or a liver refused or come back to our processor."

Because it's a family operation, Casper said, customers can be sure about the quality of what they're buying.

"You know exactly what you're getting," Casper said. "It's coming right from here, right from the processor's freezer right to our freezer. There are some people who have a fresh case. When it's in that fresh case, and it's not frozen, you don't know, you, the consumer, how fresh it is.  With our meat, it goes, like, boom, boom, boom. You know exactly what you're getting. If you pull it out of our freezer, then it's going to be right."

Tyler Austin Nixon, 27, a graduate of Oakfield-Alabama High School, was honored with a Mass of Christian Burial at Resurrection Roman Catholic Church on Saturday morning, followed by burial with military honors at St. Cecilia Cemetery in Oakfield.

Nixon, a highly regarded captain in the U.S. Army, died unexpectedly on Sept. 23. He was found unresponsive in his quarters at Joint Base San Antonio, Fort Sam Houston, where he was attending Medical Service Corps training in the Captains Career Course.

His death remains under investigation by the Army, and an Army spokesman said no further information will be released until the investigation is completed.

The Batavian did not seek comment from his parents, Michael and Megan Nixon, but in a military memorial service in San Antonio on Oct. 3, Nixon was praised by a former and his most recent commander as an outstanding human being and an officer who was a credit to the U.S. military.

Col. Thomas Collette, a former commander, spoke of first meeting Nixon when the colonel took command of the 421st Medical Battalion. 

"As you can see, Tyler was a big guy with an even bigger smile. He introduced himself brimming with enthusiasm for his new role as the S3 (Operations and Training Officer),” Collette said. "I couldn't have been more pleased to have an officer so deeply committed to this position. Even in our first conversation, it became abundantly clear that Captain Nixon was an officer filled with a passion for operations and unafraid of a challenge.”

In the ensuing months, Collette said, Nixon took on increasingly complex and demanding duties that "pushed him well beyond his prior experiences. These challenges might have overwhelmed the lesser officer, but Tyler remained resolute and dedicated to professional growth and leadership development."

Collette observed Nixon as the officer in charge of the Expert Field Medical Badge competition, which would take place in Europe.

"What stood out most about Tyler in these duties was his thirst for knowledge and self-improvement," Collette said. "He valued and actively incorporated feedback from others, firmly believing he could learn from anyone. This desire to learn and grow forged strong bonds across the battalion."

Collette said Nixon displayed a "relaxed confidence and unwavering positivity" and that he was "the first to bring levity to intense situations."

He said, "We will forever remember him first for his cheerfulness, his quiet, unshakable confidence, his natural gift for uplifting others when they fell down, and his spirit that refused to quit."

Nixon graduated from Canisius College, where he attended the Reserve Officer Training Corp, and was thus commissioned as a second lieutenant upon graduation in 2018.  At Canisius, Nixon played rugby, a sport he continued to enjoy while in the Army.

Major Gray (his first name isn't mentioned during the service) remembered Nixon for many of the same traits recalled by Collette. 

He said he didn't really get to know Nixon until after they were deployed to Italy.

"During the drive to Vicenza, I learned about Tyler's love for his family, his dogs, motorcycles, lifting weights and rugby," Gray recalled. "We talked about the wonderful traveling opportunities that being stationed in Europe had to offer and how we looked forward to seeing new things and going into new places. While we were there, I learned that Tyler was an incredibly hard worker starting early and finishing late almost every day."

He said Nixon was "good-natured and easygoing" and that he could "connect with anyone."

He also recalled a story that illustrated both Nixon's love of sports and his dedication to seeing the mission through, even if it was a recreational activity.

"He literally gave up an entire weekend to umpire a softball tournament when he was told that they would have to cancel if they didn't get the volunteers they needed," Gray said. "So in the days leading up to that, he studied and learned how to umpire even though I'm pretty sure he had never played softball before, so he could umpire the game. Leading up to that time, he had to learn all the hand gestures and get all the calls down. And while he was umpiring, pretty much everyone was talking about how great he was doing and how he was the best umpire out of all the ones that they had, and that every future tournament that they were doing, they wanted him to come. That really is a testament to who he was as a person."

Besides his parents, who currently reside in San Antonio, Capt. Nixon is survived by his brother Jacob, sister Alison, and niece Coram, along with his grandparents Dale and Elaine Tucker and Michael and Kathy Nixon.

Funeral arrangements were handled by Burdett-Sanford Funeral Home in Oakfield.

The Batavian wishes to thank the Nixon family for providing us the opportunity, the honor and the privilege of covering his memorial service on Saturday.

Besides the photos with this story, you can view 49 more photos in a slideshow by clicking here.  And scroll down to the bottom of this post for a video of the Oct. 3 service in San Antonio.

It was much more than a clown show in a circus-theme Downtown Batavia Wine Walk on Saturday evening.  It was a party with a varied cast of characters.

Photos by Jim Burns for The Batavian.

The Buffalo Bills played a rare Sunday morning game -- because the game was in London -- and multiple bars and restaurants opened early for fans, including the Smokin' Eagle in Le Roy.

The Bills lost to the Jacksonville Jaguars 25-20.

A pursuit that started on the Southside of Batavia is now a foot chase in the area of Summit Street.

The vehicle may have struck a building on Jackson Street, and the suspect continued to Jackson, South Jackson, Maple, East Main, and now Summit.

The suspect, described as a black male with a ball cap is now west on Washington Avenue.

UPDATE 12:36 p.m.: The subject is also said to be wearing a plaid-style jacket.

UPDATE 1:43 a.m.: The search is ongoing, involving patrols from Batavia PD and the Sheriff's Office. There is nobody available on scene who can provide an update about the case. Communication has been moved to a secure channel.  So, it will be unlikely we can provide any further updates tonight. The search is generally in the area of Summit and Washington. 

The Batavia Blue Devils improved to 4-2 on the season with a 36-0 win on Friday over Geneva at Geneva.

Stats: 

• Bronx Buchholz: 8-18 passing for 136 yards, two TDs, one interception, and he rushed for 76 yards on 12 carries
• Mekhi Fortes: five carries, 111 yards, one TD
• Zailen Griffin: five carries, 64 yards, one TD
• Lakoda Mruczek: six carries, 36 yards, one TD
• Brock Warren: two carries, 11 yards, one TD
• Maggio Buchholz: 6.5 tackles, one tackle for a loss, one TD reception
• Joey Marranco: six tackles
• Justin Smith: three tackles, two interceptions
• Tym Murrell: three tackles, one interception
• Greyson Fix: one interception
• Will Stevens: one interception

In other football action:

• Attica/Alexander beat Livonia 42-0
• Le Roy beat Bishop-Kearney 48-0
• OAE Aggies shut out Geneseo
• Dragons beat Section VI team 68-22 to improve to 6-0
• York/Pavilion beats Notre Dame 25-18

The Oakfield-Alabama/Elba Aggies picked up a win on Saturday, beating Geneseo 31-0.

OAE stats:

• QB/DL Austin Pangrazio - 21 Carries, 134 Yards, four TDs.,  three Tackles, one TFL,  one Fumble Recovery
• RB Avery Watterson - 15 Carries, 128 Yards, one TD
• LB Ashton Bezon - 10 Tackles, five TFLs, one Sack, one Forced Fumble
• DL Angelo Penna - nine Tackles, three TFLs

"It's good to get one back in the W column," said Head Coach Tyler Winter. "These boys have been working hard.  I'm happy they got to enjoy the fruits of their labor.  However, we know we need to remain grounded and stay the course.  Class D is wide open this year.  We keep saying, 'The team in our class who has the best October is going to really like their November.'  We'll continue to grow and prepare for the next challenge."

Photos by Debra Reilly.

The Pembroke Dragons continue to dominate other eight-man squads, picking up their sixth win against no defeats on Friday by beating Allegany-Limestone (Section VI), 68-22.

Coach Brandon Ricci credits the blocking of Ben Steinberg, Jayden Mast, Jayden Bridge, Madden Perry, JJ Gabbey, Octavius Martin and Hayden Williams with helping the Dragons amass 400 yards of total offense on just 27 plays.

Tyson Totten ran for 275 yards and six touchdowns on 19 carries. He also added a punt return for a touchdown.

Fullback Caleb Felski had 100 yards rushing and one touchdown on seven carries. 

Quarterback Vijay Dhanda Finished the scoring on his lone carry for a 50-yard touchdown.

Defensively the Dragons were led by linebacker Vijay Dhanda with 11 tackles. Caleb Felski added nine tackles of his own, while Tyson had six and an interception that he took 80 yards back for a score.   

The Dragons have yet to punt this season. 

Next up: Wellsville in Wellsville.

Submitted photos and information.

York/Pavilion beat Notre Dame 25-18 in a Thursday Night football game.

For Notre Dame, Jay Antinore was 7-13 passing for 112 yards and TD  with one interception. He also ran for 70 yards on 17 carries and scored a touchdown on the ground.

Ryan Fitzpatrick had five receptions for 96 yards and a TD.

For York/Pavilion, Parker Bonefede was 13-20 passing for 189 yards and two touchdowns. He ran seven times for 21 yards and two TDs.

Tyler Brady and Jacob Pangrazio each had a TD reception.

Photos by Pete Welker

In a pursuit that reportedly started with the theft of merchandise from Ulta Beauty, a Batavia PD patrol car was struck and damaged on Holland Avenue at around 5 p.m. on Friday.

The suspect vehicle was later spotted on Park Road and was headed toward the Thruway.

Police communications are on a secure channel, and Batavia PD has yet to release further information.

It's more expensive to build an apartment complex in Pembroke than locations to the town's immediate west, according to developer Mike Schmidt, and what he can charge for rent in Pembroke is substantially less than in just about any part of Erie County.

So he wouldn't build in Pembroke if not for the tax abatements he sought and could receive from the Genesee County Economic Development Center.

On Thursday, the GCEDC board of directors voted to move the proposed incentive package for Countryside Apartments LLC to a public hearing at a date and time yet to be scheduled in the Town of Pembroke.

If approved by the board after the hearing, Schmidt, who is planning to invest $15.65 million to build a complex that could eventually contain 96 market-rate apartments -- would receive a sales tax exemption on building materials worth $739,200, a property tax abatement of $2 million, and a mortgage tax abatement of $130,000.  

The location is at 8900 Alleghany Road, Pembroke, which is about halfway between Cohocton Road and Brickhouse Corners.  Immediately to the south of the currently wooded 8.2-acre lot is a farm field and a long-abandoned gas station.  A single-family home is on the land to the north.  The property is zoned limited commercial and agricultural-residential.

The Batavian interviewed Schmidt on Friday because, at a Town of Pembroke Planning Board meeting on Sept 27, it sounded like Schmidt said he was getting no government assistance for the project -- as in, no government subsidies.

At the meeting that night, some residents raised the specter of Ellicott Station and how the project seemed to go from market-rate apartments to low-income housing once state and federal agencies got involved, and Schmidt replied that "They (Savarino Companies) already had all the agencies lined up to work with them. We are here alone. Mike's (Metzger) my engineer. We have no intention of doing that. I can put that into writing. We certainly aren't going to be looking for any state financial aid or any type of anything from the government to help us. (emphasis added)"

Today, Schmidt said he felt bad that maybe he didn't communicate as clearly as he would like. He called himself a straight-shooter and said that he certainly didn't mean to mislead anybody.  In his mind, he was speaking purely in the context of seeing the kind of government assistance that comes from Housing and Urban Development or the state Office of Homes and Community Renewal -- assistance that comes with strings attached on the kind of housing you must develop.

The GCEDC assistance has no such income requirements.  

It perhaps should be noted, too, that GCEDC is not technically a government agency.  It is a public benefit corporation, which places it somewhere between being a government agency -- created through legislation -- and a standard non-profit. However, IDAs, such as GCEDC, are given the authority to grant relief from certain taxes levied by state and local government bodies.

Schmidt said no one with GCEDC or any government agency has approached him about turning his complex into subsidized housing.

"It's not going to happen on this project," he reiterated.

He said that was the only point he was trying to make to the planning board and residents in attendance, and he's sorry if it came across as forgoing all assistance.

"My intention is to do my level best to be as clear as I can with my answers," Schmidt said.

He said he understands that what has happened with Ellicott Station has made people more distrustful of developers. He said he's followed the project closely and that by his count, Savarino Companies has a dozen different government agencies involved in the project.  That isn't the case with his project, he said.

He said he understands that people are concerned about a "bait and switch." 

"That (Ellicott Station) hasn't been real helpful to me," Schmidt said. "The trust level that is normally there between a developer and a town board and a town planning board has kind of been breached."

When asked if his statement that he wasn't seeking assistance might be seen as misleading and leads to further distrust of developers, Schmidt said he disagreed with the idea that he is taking anything from anybody.

He called it a "mischaracterization." 

Nobody is handing him money, he said. He's financing the entire project himself.  However, the tax breaks are the only way to make the project viable because of the disparities in expenses and revenues between Genesee County and Erie County.

"There is no way this project could move forward without the help," Schmidt said. "Without the help, these projects and projects like it won't happen." 

An explanation of the abatements: If nothing is built, there is no sales tax to charge on materials not sold, so the argument from IDA supporters is that it isn't money spent, and the same with the mortgage tax.  On the property tax abatement, in the form of a PILOT (payment in lieu of taxes, meaning the developer pays some fees to local jurisdictions), the abatement is only the portion of the tax increase caused by the increase in assessed value that development creates, so if there's no development, there is no increase in assessed value, and no new taxes to forgive, and no increase in tax revenue when the PILOT ends.

Schmidt listed several Erie County communities where he could get $800 a month more in rent for the same apartments he's planning in Pembroke, where he'll charge from $1,400 a month to $1,700 a month.

And because there are fewer qualified contractors who will take on projects in Pembroke, and it costs more to truck some material to Pembroke, his expenses are higher to build in Pembroke than in other communities.

Additionally, the cost of construction in recent years has gone up substantially in the past few years, he said. Not counting site work, it costs $200 a foot to build an apartment complex, he said.

Financial incentives are the only way he can keep rents affordable.

Asked about getting tax breaks not available to existing landlords in the area, he said his costs are substantially higher than any landlord buying existing buildings.

"When you're buying apartments in an area where you're paying a fraction of the amount per unit than it costs to build new, that's a real benefit to that landlord," Schmidt said. "When I build new units at a higher rental price, those landlords are able to raise their rents, and with higher rents can still say, 'look at what a bargain you're getting from me.'"

Genesee County, in general, and Pembroke in particular, needs more housing, Schmidt noted, especially in light of all the new development coming in -- Plug Power and Edwards Vacuum at WNY STAMP, multiple new projects at Exit 48A, and new mixed-use developments at Brickhouse Corners.  

Because of that, Schmidt believes his project will be successful and fill up quickly, though he recognizes there are no guarantees, which is why he's taking a phased approach to building the complex -- four separate buildings of 24 apartment units each. He's not going to build any units beyond the first phase if it turns out there is no demand, or he will wait for the demand to grow, which could take years.

"I don't know how big the demand will be," Schmidt said. "I can't say. I know it's not a field of dreams where I can build 10,000 units, and they will be full. That's not it. But I'm confident this will be a successful project."

He also thinks he will fill the units with tenants that current Pembroke residents will appreciate as neighbors. And that his tenants will be the kind people who not only make a positive contribution to the community but they will also contribute economically, which benefits all business and property owners

"As I said at the meeting, having more people who are qualified, hardworking people with good jobs drives the value up of every property," Schmidt said. "Undoubtedly." 

Who rents apartments? Schmidt said it's people who don't want the responsibility of owning a home.

"A house is permanent," Schmidt said. "It means you think you're going to stay in the area. You know you have a secure job. You want to be certain that you want to stay in a community. You like the schools. An apartment is a stepping stone into that area."

An apartment dweller doesn't have to worry about putting on a new $18,000 roof, or fixing the dishwasher when it's broken, or plowing the snow, or tree removal after a storm, or spending $300 plus labor on a new sump pump.

"Apartment living is very simple living," Schmidt said. "When you pay rent, you have an all-in number. For $400 a week, you know every expense is covered. People like that.”

He then explained, "I know a guy who sold a $500,000 house and is moving into an apartment -- not senior housing but into a $2,300-a-month apartment. You might say he's insane, but he doesn't want to do snow removal. He doesn't want to mow a lawn any more. He wants to be able to go and come as he pleases."

Schmidt admitted, "Hey, I'm a landlord," so of course, he's bullish on apartments, but he sees the demand. A fellow landlord in Erie County rents his units for $2,600 a month.

"You might think, 'Who the heck is going to pay that,'" Schmidt said. "He has a waiting list."

He added, "New people are coming. They just will be. I don't know how many jobs they're projecting over the next 10 years, but if the projections are just half right, there will be a lot of need for housing." 

But meeting the growing local need for more roofs to put over the heads of more people is only possible, he said, through the financial assistance of an agency like GCEDC.

"Housing is needed in the area, so how are you going to get it, to get investments from people like me, who would normally invest in other parts of the WNY region, more toward Buffalo, if you're not going to work with them and help them, without some sort of financial incentive," Schmidt said.