In a joint venture with Elba Central School, the Elba Betterment Committee is pleased to announce the crowning of the 2024 Elba Onion Queen at our second concert in the Elba Village Park.
Thursday, July 18 the Elba Onion Queen crowning will be at 6 p.m. with a concert following at 6:30 p.m. with music by It’s My Party. What better way to enjoy a summer evening than by celebrating the amazing Onion Queen contestants and taking a stroll down a musical Memory Lane with the all-female singing ensemble of It’s My Party. We guarantee you won’t be crying!
Food and beverages by More Than A Mouthful, Agatina’s Italian Restaurant, Ice Cream and Chill, Blue Groove Coffee, and Circle B Winery will only make the experience more enjoyable.
The 50/50 this week will benefit Volunteers for Animals in Batavia, and you are still invited to bring your non-perishable food and hygiene items to support the Open Hearts Club Food Pantry. And in case you have forgotten, you can still purchase tickets on our Big A$$$ 50/50 Raffle for your chance to earn up to $5000.
All concerts are made possible with funds from the Statewide Community Regrant Program, a regrant program of the NYS Council on the Arts with the support of the Office of the Governor and the NYS Legislature and administered by GO Art.
“The fifth annual Genesee County Sheriff’s Office Teen Academy was another great success. The academy was held July 8 - 12, at Genesee Community College. This academy was made possible with the support of Genesee County STOP DWI, the Genesee County Legislature, and Genesee Community College. The students were provided with the opportunity to experience the various roles of law enforcement in our community, and they eagerly embraced all aspects of the curriculum. I want to thank the students for their hard work and dedication and to all those that provided instruction throughout this week-long program. A special thank you to Academy Director Deputy/SRO Joshua A. Brabon, and all the Deputies, School Resource Officers, and Investigators for their assistance and efforts in coordinating such a unique, one-of-a-kind experience for the students. We look forward to continuing this annual event for students throughout Genesee County for many more years to come,” stated Sheriff Sheron.
The following participants are graduates of the fifth annual Genesee County Sheriff’s Office Teen Academy:
The Genesee County Economic Development Center (GCEDC) board of directors advanced an initial resolution for Graham Corporation’s proposed new commercial production facility at its board meeting on Thursday, July 11.
Graham Corporation is a global leader in the design and manufacture of mission critical fluid, power, heat transfer and vacuum technologies for the defense, space, energy, and process industries. The project would add to the company’s existing location in the city of Batavia where the company has been headquartered since 1942.
The $17.6 million proposed investment includes the construction of a 28,867 sq. ft. expansion intended to reduce design and manufacturing costs and improve shipping capabilities. The project would create 24 new full-time equivalent (FTE) positions while retaining 367 current FTEs.
The initial resolution requested sales tax exemptions estimated at $383,546 and a property tax abatement estimated at $298,427 based on an incremental increase in assessed value totaling the proposed financial agreements to approximately $681,973.
For every $1 of public benefit, Graham is investing $42 into the local economy resulting in a local economic impact of $19.5 million in wages and tax revenue. A public hearing for the proposed project agreements is scheduled to be held on Wednesday, July 17 at 3:30 p.m. at the Batavia City Hall.
May 3, 2022, the groundbreaking for Ellicott Station. Photo by Howard Owens.
What is mixed-income housing? Workforce housing? Low-income housing? Affordable housing? Market-rate housing?
These terms appear frequently in thousands of documents obtained from government agencies by The Batavian for an investigation into how the 55-unit apartment building under construction at Ellicott Station transformed from “luxury” units to apartments eligible for Section 8 rental vouchers.
How did this once promising project go from a complex where all tenants hold down jobs to one where potentially as few as 36 percent of the potential tenants are gainfully employed, and finally, one where the project's actual completion is in doubt?
As it turns out, the terms bandied about were seemingly often interchangeably in many cases over the years by the developer, Sam Savarino, and representatives of the city of Batavia, the Genesee County Economic Development Center, and NYS Office of Housing and Community Renewal.
In fact, Savarino, in an email about a prior story by The Batavian, suggested the reporter didn’t understand the terms.
"This journalist doesn't seem to realize that workforce, affordable and low-income housing are all pretty much the same thing," Savarino wrote in an email to GCEDC CEO Steve Hyde on Feb. 23, 2023.
But Joanne Beck’s reporting in The Batavian was correct. The terms are not interchangeable; perhaps this is why this critically important community project has become a concern for residents and local government officials.
Housing and Urban Development, the Federal agency that determines which housing projects are eligible for various levels of development and occupancy assistance, has specific definitions for each of these terms.
Affordable Housing is housing with a monthly rent or mortgage that does not exceed more than 30 percent of a household's income. The definition of “affordable” is entirely dependent on a household's monthly income, whether $2,500 or $5,000.
Very low income is a term for housing intended for households earning 30 percent or less of the Area Median Income.
Low income is a term for housing intended for households earning from 30 to 50 percent of the AMI.
Workforce housing is housing intended for people earning 80 to 120 percent of the AMI. HUD programs are available to subsidize workforce housing.
Market-rate housing has no income limit and no government assistance. The property owner sets the rent based on the landlord’s assessment of a unit’s worth in a particular market.
Mixed-income housing is a housing development that aims to accommodate households with income levels from very low income to those who can afford market-rate units without assistance. In a multi-unit complex, there would be tenants with a household income at or below the AMI, those earning 50 percent, 80 percent or more of the AMI, and those potentially with earnings off the charts.
May 3, 2022, Sam Savarino and GCEDC CEO Steve Hyde, now retired, at the Ellicott Station groundbreaking ceremony. Photo by Howard Owens.
Who are the key players?
Sam Savarino, CEO of Savarino Companies
Steve Hyde, the now-retired CEO of the Genesee Economic Development Council
Rachael Tabelski, currently City Manager for Batavia, but was marketing director of GCEDC when the project first started, then director of the Batavia Development Corporation during much of Savarino's efforts to obtain financing for the project
Jim Krencik, marketing director for GCEDC
What the records show Here is a timeline of how the project came to fruition, concentrating on the terms used by officials as they discussed the project and in their promises to others and the community. We've included links to The Batavian's coverage to help provide context to how the project was proceeding.
June 1, 2017, GCEDC board minutes, the board approved a resolution to authorize a public hearing on the project, described as "48 modern market-rate apartments."
In July 2017, Batavia's Zoning Board of Appeals approved an area variance for the project, which states that the apartment complex will consist of market-rate units.
Nov. 16, 2017, A memo prepared for a Restore NY grant states the project will be funded in part by a New Market Tax Credit ($9.6 million). The total project cost at that time is $17,745,667. The plan then was for 47 apartment units, not 55.
Aug. 29, 2018, email from Rachael Tabelski, BDC, as a follow-up to a previous day's meeting. "We knew that the Batavia market was untested in terms of a 'market rate' residential development projects of this scale, but we felt there was enough anecdotal evidence, pent-up demand, and small scape comparable upper floor new apartments that we were renting at what we considered market rate (or in this case, around 90 percent of AMI) to support the Ellicott Station Projects rents." She asks for a copy of the market study completed on behalf of Savarino. She would like to set up a meeting to address the $1.8 million funding gap. She offers help with the HCR process and would like to better understand the new potential income mix and rental rates.
Aug. 29, 2018, email from Steve Hyde to Sam Savarino. Hyde notes that there are modest two-bedroom apartments in Batavia of 1,100 square feet in the town of Batavia that are renting for $1,250 a month. "There would be a willingness to pay that more for a brand new contemporary apartment in downtown," Hyde writes. He thinks there might be a way to challenge HCR's market-rate assumptions. "We may need your team's help in interpreting the study as we are by no means housing experts, but I am not sure Lenny's (Lenny Skrill, with HCR) market rate assumptions apply here if the housing stock you are proposing is significantly different than what the basis of housing that was used to calculate market rate rents per study."
Sam Savarino speaks during the groundbreaking for Ellicott Station on May 3, 2022. Photo by Howard Owens.
Oct. 3, 2018, email from Sam Savarino to Steve Hyde and Vincent Esposito, Empire State Development, references a summit meeting where all parties agreed a unified application for funds should be made to Homes and Community Renewal. "The HCR requirements, related loss of New Market Tax Credit allocation and attendant leverage debt mean that the project requires $5.4 million of HCR debt. The HCR programs we would be applying for have an aggregate limit of $4.4 million. This leaves us $1 million short. We need a gap filler." There is an attached memo from Savarino CFO Melissa Acquard noting "HCR wanted lower rents," which means "we lost debt service coverage as well as the ability to support the debt." She's estimating there is still a $1 million funding gap.
October 2018, GCEDC board minutes note the complex is being increased from 51 units to 55 units. The square footage has increased from 26,011 square feet to 73,000 square feet. The minutes also discuss the difficulty in making the project viable, given that Batavia's market rents "are depressed compared to nearby metro areas." It states, "Given this, business case adjustments have been made recently, which is impacting the final funding piece of the project. Despite an exceedingly complex capital stack needed to fund this project, all pieces of the funding finalized but one."
Oct. 18, 2018, email from Rachael Tabelski to City Manager Marty Moore, noting there is still a $1.5 million funding gap that Savarino must close to start the project. She says BDC will work on communication to the community that the project "still remains a high-end 'market-rate' or near 'market-rate' project."
Update in October 2018, a memo from Sam Savarino outlining a possible application to HCR for $3 million, which, if granted, would still leave a $1.5 million funding gap. Savarino's equity is $3.2 million, which includes a discount for construction costs. Savarino is providing guarantees on loans totaling $7.7 million. Resurgence Brewing has stuck with the project up to this point despite the delays.
Oct. 11, 2018, email from Sam Savarino to Steve Hyde, noting that his equity investment in the project is up to $3.8 million. There is still a $1.5 million funding gap.
Nov. 1, 2018, GCEDC board meeting agenda, Ellicott Station is described as "55 new upscale modern near market-rate apartments."
Nov. 19, 2018, Rachael Tabelski, BDC, to Sam Savarino in preparation for a closed session with the City Council about the HCR funding application. Tabelski covers anticipated income levels, which at that point include three market-rate apartments. "This is not a Section 8 'very low-income' project," Tabelski writes.
Nov. 26, 2018, email from Sam Savarino to Steve Hyde and Rachael Tabelski. The memo covers efforts to close the funding gap for the Ellicott Station project. The initial funding gap was $6,154,935. Empire State Development grant of $2.4 million and New Market Tax Credits raised the "gap fillers" to $5.2 million. Savarino's equity investment increased to $850,000 and that was mostly in money already spent or committed. The annual cash flow (profit) has fallen to $42,688, a fraction of what was previously anticipated. Savarino is seeking approximately $3 million from Homes and Community Renewal. Savarino Companies is providing "bridge" financing on all grant funding and full guarantees on all loans.
Feb. 12, 2019, email from Earl Wells with E3 Communications, to Rachael Tabelski, noting that Steve Hyde is concerned about Savarino having the "financial wherewithal to finish the project." He suggests a media strategy of rolling out the project in stages, starting with Phase I, groundbreaking for the brewery. That would be predicated on a meeting Savarino was having with the owners of Resurgence that day.
Feb. 12, 2019, email from Sam Savarino discussing Resurgence (the brewery once slated to occupy the brick building on the west of the property). He has two primary concerns. First, a "drop dead comment date of November, which will be difficult to meet. Second, the project will be 65 percent complete before the Resurgence lease starts. Items he thinks he can offer the owners in return for changes in the lease, such as an opaque temporary barrier wall to minimize construction disturbance from the residential building and offering additional work, such as shade trees, in the beer garden.
March 19, 2019, letter from Sam Savarino to Steve Hyde requesting consideration for a $925,000 Downtown Revitalization Grant. "As you are aware," Savarino writes, "there have been several challenges to getting this project closed and underway. The most recent -- and most considerable -- challenge has been the provision for funding for the residential project. This has forced us to subdivide the project to allow a separate site for the residential project and forced us to abandon the New Market Tax Credit."
May 31, 2019, email from Jim Krencik to Steve Hyde summarizing a conversation about plans for Ellicott Station. Income levels from $30,000 to $51,000, $36,000 to $61,000, and $43,000 to $61,000, depending on unit size, with three units carrying no income restriction. "No knuckleheads," it states. "No subsidies to housing/HUD (all direct pay), no supportive mental health/substance abuse units (already served in public and supportive housing modes), a 'no tolerance' policy for drug use/malfeasance." The goal is to attract and retain talent. The target market is millennials, young professionals, and downsizing empty nesters. "The folks who will be enjoying an IPA at Resurgence!"
Sometime before July 2019, memo planning for groundbreaking from Steve Hyde. The memo describes the housing as mixed between 50 to 60% AMI, 60 to 80%, and three units at market rate. Hyde states that the main factors in communicating to local leaders, "Project is not a low-income development -- has income minimums," and that "renters are direct pay -- no subsidized payments/vouchers from government."
On or about July 22, 2019, Joe Quinn, an intern with Savarino Companies, supplies a sample letter of support for local officials to send to HCR that describes the project as "mixed-income" with a "predominance tragedy at low and moderate-income tenants." The background informs officials, "Our project will include funding from Low-Income Housing Credits, State Low-Income Housing Credits, Housing Trust Fund, and Middle Income Housing Program. It also describes the project as "mixed-income/workforce housing."
July 22, 2019, an email from Steve Hyde to Savarino Companies said, "Guys, who is Joe Quinn? This email he just sent flies right in the face of the position we've talked about all along and the reservations over more affordable housing in Batavia. Hyde notes prior conversations said the complex would include market-rate housing, is mixed-income, and "is not open to certain populations has income minimums."
July 23, 2019, email from Sam Savarino to Rachael Tabelski, and Steve Hyde. "Not sure who was contacted but I recognize the timing is bad on this. Joe is following the direction of the HCR consultant and is gathering pro forma letters of support required for the application."
July 23, 2019, email from Jim Krencik to Courtney Cox, Krenick seeks clarification on income levels, stating that his notes from a May conversation, the majority of the one-bedroom suites were set for a minimum income of $30,000 and a maximum of $51,000, with two-bedroom suites set for $36,000 to $61,000 in annual income.
July 24, 2019, email from Rachael Tabelski to stakeholders, including all council members, and states, "The rent plan has been carefully crafted, with the assistance of HCR, utilizing professional third-party market analysis to meet the affordability needs of the broader Batavia community, not just those that earn the most, and to ensure the long-term success of the project." The average rent will be $897 a month. Income levels:
Fall 2019. A report by Joseph Sievert, a senior appraiser with Newmark Knight Frank Valuation & Advisory, a company based in Buffalo. The project is described as mixed-use, 55 apartments, targeted to households at or below 50 and 60 percent AMI. The project will "replace blight with affordable workforce housing." It states that the IDA (GCEDC in this case) has advised the projects are consistent with its economic development plan, which involves the creation of jobs paying $15 to $18 an hour. The report states Batavia needs more affordable housing. It states that 45 percent of renters pay more than 30 percent of their gross income in rent. "There remains an extensive unmet demand for affordable housing for the income groups and population served by this project," the report states. "All of the existing affordable options in the PMA have extensive waitlists, limited turnover and extended wait times. (NOTE: A prior housing study by the County found there is also a shortage of market-rate housing).
Fall 2019, Savarino application to HCR. The application narrative refers to the project as "workforce housing." It states, "The project will create affordable workforce housing to serve the unmet housing needs of the low-income/entry-level workforce." And that it "affords ordinary workers (an opportunity) to live near jobs." It notes that the IDA advises that rent is set at levels consistent with the local economic development plan, with pay in the range of $15 to $18 an hour (note: for a full-time job, that is $31,200 to $37,440 annually).
Sept. 4, 2019, in an email, Steve Hyde informs city officials that "GCEDC is actively engaged with Savarion Companies in support of efforts to secure HCR funding for the mixed-income housing portion of Ellicott Station."
Oct. 9, 2019. Courtney Cox, with Savarino Companies, requests a waiver from Michael DeBonis with HCR for the size of two-bedroom units. The completed architectural plans call units that will exceed HCR's 970-square-foot limit. "These units exceed the maximum allowable area because the building was originally designed as market-rate housing over a year ago," Cox wrote. "During the course of the development, the program shifted to affordable housing as we recognized the need for new, quality affordable housing in this Downtown Revitalization Area."
Nov. 5, 2019. In an incentive proposal document, Savarino Companies lays out project costs, which total $19,852,873. That includes $60,000 for property purchase, $13 million for construction and renovation, $2.6 million for site work, and $3.7 million in other project costs.
Nov. 26, 2019. In a certified mail letter to Batavia City Manager Martin Moore, Sam Savarino informs the city of his company's intention to apply to HCR for assistance. He states the company will seek assistance under the Low-Income Housing Credit Program and the NYS Low-Income Tax Credit Program. He notes that under IRS rules, Savarino can't make the application without notifying the local jurisdiction's chief executive officer and notes that the local jurisdiction has an opportunity to comment on the project.
Nov. 27, 2019. HCR approved the request for a waiver on the size of the two-bedroom apartments.
Dec. 6, 2019. A letter from Steve Hyde to Sam Savarino. The letter notifies Savarino that the GCEDC board of directors has approved $3.25 million in tax incentives for Ellicott Station. This includes a 30-year PILOT for the workforce housing portion of the project and a 10-year PILOT for the commercial portion of the project. The letter acknowledges that Savarino Companies is applying to Homes and Community Renewal for 9 percent multifamily housing assistance.
Dec. 10, 2019. In a letter from HCR marked "confidential," Hunt provides Savarino with a letter of agreement to form a partnership. Hunt would receive 99.99% of the new corporation. Hunt would acquire financing for Federal Low-Incoming Housing Tax Credits ($12 million), State Low-Income Housing Tax Credits ($5 million), and State Brownfield Tax Credits ($2.3 million).
March 5, 2020, the GCEDC board approves a resolution authorizing an agreement with Savarino Companies to build 55 mixed-income multifamily residential apartments.
June 2020, GCEDC board meeting minutes refer to Ellicott Station as "55 new modern workforce housing apartment units (max incomes $32,000 to $38,000)."
July 8, 2021. HCR is notified of a project delay. Because of COVID-19, there is market uncertainty and the original equity investor, Hunt Capitol, was unable to secure an investor at the monetary amount described in the HCR application. No investor was willing to buy Brownfield Tax Credits at all.
Nov. 17, 2021. According to a document obtained from HCR, the total development cost is $20,597,736, with a total construction cost exceeding $14 million. It lists a developer fee of $2.3 million and working capital of $209,620. HCR financing is $5,691,573 from the Low-Income Housing Trust Fund Program, an ESD Restore NY loan of $500,000 at 3% interest, and a state Downtown Revitalization grant of $425,000. It states there are to be 16 one-bedroom units for residents with an income not to exceed 50% of the AMI, 19 one-bedroom with income not to exceed 60% of the AMI, and 20 two-bedroom with rent to not exceed 50% of the AMI.
May 3, 2022, a statement by Sam Savarino at the groundbreaking: "We discovered the hard truth. We went out and did a market study, which indicated that, well, people in Batavia are not going to be able to come out here and spend over $3,000 a month in rent for apartments. And on top of it, those aren't the types of apartments that are needed. A lot of time, attention and resources are being directed to bringing jobs to this community. But it's not going to mean half as much if the people that come and work at those jobs and then have to go to Buffalo or have to go to Rochester to find a place where they can afford to live. Better to keep them in this community participating in this community."
In a separate interview with The Batavian, he said, "It’s difficult for people to afford to house, and then there’s a shortage of quality, affordable housing. In any event, the market study showed that there was a top end of the market that people could afford to pay in this area; otherwise, it wouldn’t be successful.” He said tenants would be making $20 an hour and below. “The idea being that nobody should be expected to pay more than a third of their income for occupancy that includes rent, or a mortgage, and their utilities,” he said. "Part of the idea was if you’re creating jobs here, you want to have safe, modern quality housing for those workers that they can afford.”
Oct. 24, 2022. Jim Krencik to Courtney Cox at Savarino Companies, asking if the AMI levels for the projects can be increased. She responds that the limits "remain the same as when the project agreements were approved."
Jan. 13, 2023, email from Jim Krencik, marketing director for GCEDC, to Tammy Hathaway, BDC director, with guidance on how to answer questions from The Batavian's Joanne Beck. Beck was trying to clarify, after getting a bit of a runaround from local officials, what kind of housing was planned for Ellicott Station, whether it was a workforce or low-income. She asked specifically if it would be subsidized housing. The narrative, he says, is that students graduating from Cornell in High School, new at a company, will be among the tenants, and they won't be kicked out when they get promoted. He shares that income will be based on Area Median Income, with 60% for 30 units and 50% for 25 units being the income levels. "Focus on that, not technical terms," he writes. "It's hard to 'see it' until your friend, your niece or nephew, your co-worker is living there."
Jan. 31, 2023, minutes from a meeting of local officials with Sam Savarino. Tammy Hathaway, Batavia Development Corp., provides background on Section 8 housing and affordable housing. Steve Hyde raises the issue of whether "affordable housing" becomes low-income housing, noting GCEDC has worked to promote workforce housing. Courtney Cox, with Savarino, notes that rental rates are set at 2021 income levels, and can't change until one year after the complex is operational. Jim Krencik, with GCEDC, wanted to know how the agencies and Savarino can work cooperatively with new, young workers. Sam Savarino suggests a collaborative effort to tell the story of what the building is, to use "poster child" tenants. Sam apparently notes, "can't afford to stub our toe." Also present, Rachael Tabelski, city manager.
As it turns out, a single person living alone making $18 an hour is making too much to qualify for an apartment at Ellicott Station, though that same person with two or three dependents, meaning no additional income, would qualify.
Whereas two people each earning minimum wage, $14.20 an hour, are not eligible for a two-bedroom apartment at Ellicott Station because they would be earning too much (the maximum household income for two people in a two-bedroom apartment is $34,600, and two people working full-time at $14.20 would gross $59,072).
Feb. 19, 2023, email from Rachael Tabelski to Sam Savarino. Tabelski notes The Batavian's coverage and the concern it has raised among community leaders. "They believe this will be run-down 'project' housing in no time, and we're sold workforce housing and got extremely low income, not middle income."
Feb. 19, 2023, email from Steve Hyde to Sam Savarino with a screenshot of the flier being used to market Ellicott Station. Hyde states, "Nothing about workforce housing ... implies largely the opposite in many respects."
Feb. 19, 2023, email from Steve Hyde to Sam Savarino. Hyde notes that weeks before, there was a meeting to discuss managing the narrative of the rental marketing. "That opportunity has come and gone with info published recently on the state website about the project that characterizes this project completely differently than how I understood it." He says that several GCEDC board members are feeling misled. He hopes the project can be reframed to be truly workforce housing. "The first I heard of Section 8 vouchers was at our meeting two weeks ago."
Feb. 19, 2023, email from Sam Savarino to Steve Hyde. Savarino says he and his colleagues hear Hyde "loud and clear." He says, "We will do what we can to ensure that the project is accurately portrayed. "I would also note that Ellicott Station is no different than any other property/landlord when it comes to complying wth fair housing laws and Section 8 vouchers."
Feb. 23, 2023, in a letter from Sam Savarino to Steve Hyde, he states, "The fact that incomes have recently risen dramatically and income restrictions are static to 2019 -- and cannot be updated until next year -- might be evident in a detailed analysis of the income restrictions versus potential workforce tenants."
Late February 2023 (letter undated), from Steve Hyde to Sam Savarino. The letter addresses some requests from area officials that there will be on-site management, that there be a preference in selecting tenants from Genesee County, the renting process includes background checks, an annual report on whether the project is meeting workforce housing goals, and statistics on occupancy. The letter states, "The current flier and website, along with the HCR brochure, have not effectively messaged the strong commitment you've shared to accomplish a workforce housing model for working residents. This has created some real concern for several elected officials and community leaders who were expecting a powerful marketing effort to attract working residents with modest incomes to Ellicott Station."
March 7, 2023, Sam Savarino responds to Steve Hyde's letter. Savarino says the project is important to the community and to his company and states, "We remain confident that Ellicott Station will be a true asset to the community and help address identified housing needs and demands in the marketplace." He states all tenants will be screened and go through a "rigorous vetting process within the bounds of New York State and federal law and regulations." He states the company has been diligent in trying to get the word out about the complex to lower-income workers and that the company will produce an annual report on meeting workforce housing goals. He attached the "Ellicott Station Apartments Tenant Selection Plan." The plan discusses advertising and "postings at Section 8 rental assistant offices and that it will be listed in "Affordable Housing Opportunities," which is distributed widely in Erie and Niagara counties. For applicants, income will be verified, credit history will be reviewed, and criminal background history will be included. Reasons for rejection of applications include not meeting income requirements, conviction for product meth, and lifetime registrant on the state sex offender registry.
March 13, 2023, City Council sent a letter to RuthAnne Visnauskas, commissioner and CEO of HCR, asking HCR to modify the income requirements for Ellicott Station, expressing the view that it was the council's understanding that when Savarino turned to HCR for financial assistance, it was to construct a mixed-income complex but that HCR directed Savarino to provide a low- and very-low-income complex. The letter states that Savarino said this income level would align with the area's emerging manufacturing workforce, college students, and active seniors. "The city of Batavia supported the application of Savarino Companies to HCR as a mixed-income workforce housing project that closely aligned with the City's DRI strategy." It states that HCR required changes to the project, and the project no longer aligns with that vision. The letter notes rising wages as a further barrier to attracting workforce tenants. It also notes that other HCR-backed projects in other communities in Upstate New York have been allowed to set rents at 80 to 120 percent of AMI. "We feel this (income level) will encapsulate the workforce housing that we were promised," the letter states.
March 15, 2023, Steve Hyde emails city and county officials along with GCEDC board members a copy of a letter signed by City Council members petitioning HCR to modify that calculation of Area Median Income so that inflation is taken into account. Hyde writes, "... capping incomes at pre-pandemic levels for a workforce housing project just limits the ability of our working residents with modest incomes to meet the criteria to live there. That undermines the nature of the project, which was to target and provide quality workforce housing for entry-level workers for area manufacturers."
April 6, 2023, Rachael Tabelski's email to Sam Savarino to ask for a conference call that would include other stakeholders, including Lenny Skrill from HCR, to explore options for increasing the project's AMI. She said she would also like to hear how Savarino can "keep your promise that all tenants will be employed." She also expresses concern that there have been material changes to the building, such as eliminating ceramic tile, washers and dryers, and metal ramps into showers for handicapped residents.
May 3, 2023, email from Steve Hyde to Kylie Gordon, development operations manager for Savarino. Hyde requests information on lottery winners, including total number of applicants, a blind list of addresses of lottery winners, numbers per household, number of disabled and not working, number retired, wages of employed and self-employed winners, lottery winners currently unemployed, and number of winners eligible for Section 8 assistance.
May 17, 2023, Sam Savarino informs Rachael Tabelski in an email that HCR has informed him that they will not agree to reset the AMI.
May 22, 2023, email from County Manager Matt Landers to Steve Hyde. "Vicky and Tammie participated in the monthly Genesee County Housing Initiatives Committee meeting this morning, and the representative for Ellicott Station participated and definitely wasn't giving answers that made the group feel good. My understanding was that there would be a genuine attempt to get Genesee County residents into Ellicott Station, where Kylie was adamant that they cannot and will not give Genesee County residents priority. Secondly, I was under the impression there would be a real attempt to vet candidates before the lottery process to try and get people that were gainfully employed and Kylie said any type of vetting would be done AFTER the lottery."
May 23, 2023, email from Steve Hyde to Sam Savarino. Hyde had previously requested information on the lottery winners and found the response insufficient. "We are trying to determine if the large majority of 'lottery winners' are gainfully employed and the related demographics. That information, he says, would help him report to his board and the city if the project is meeting the goals of 'workforce housing' as portrayed in the Savarino project description of Dec. 20, 2019.
June 21, 2019, an email from Kylie Gordon to Steve Hyde provided some demographic information on lottery winners. Of the 53 winners who are still interested, 42 are from Genesee County.
June 2023, GCEDC board minutes. The board approved a resolution directing attorneys to send a demand letter to Savarino for information previously requested about lottery winners. It passes unanimously. The discussion notes the project morphed from market-rate to mixed-income to workforce and that workforce would mean "affordable housing for those at the 50-60% of area median income, essentially those working at our Main Street businesses and entry-level manufacturing positions."
June 23, 2023, email from Steve Hyde to Sam Savarino on residential application status. Savarino notes that 79 percent of the lottery winners are Genesee County residents and mostly from Batavia. Only 10 percent are from outside the GLOW region. Hyde characterizes this as "good news." There are 13 applicants on disability. Hyde would like to know how many of those on disability were also employed.
July 13, 2023, letter to Sam Savarino from GCEDC attorney Russell E. Gaenzle. It is a notice of default for not complying with the terms of the project agreement to provide workforce housing and provide GCEDC-requested documentation related to the composition of potential tenants who were selected in the lottery.
July 31, 2023, letter from Sam Savarino to GCEDC attorney Russell E. Gaenzle. Savarino makes the following assertions:
"Our examination of the documents you have provided us indicates that we are developing and constructing exactly what we applied for, and that was considered, approved, and resolved by GCEDC and what was formally provided and received by the city of Batavia."
"We have followed regulations and laws in advertising for and selecting tenants who have yet to go through the screening and vetting process."
"That we actively solicited 'workforce' tenants in conjunction with local workforce development agencies and targetted advertisements."
"That we ought not to be held to arbitrary and malleable standards to determine whether the goals have been met."
"That we cannot impose restrictions or standards for selecting tenants that do not comply with regulation and law."
August 2023, GCEDC board minutes recapping a June 29 board action on Ellicott Station. The board declared the project in default for failing to provide sufficient information about the housing lottery. The board also found that the information that Savarino provided on July 31 indicates there is an insufficient number of lottery winners that meet GCEDC's definition of workforce housing, "which is aligned with the industry definition as well."
Aug. 23, 2019, letter from Russell E. Gaenzle, attorney for GCEDC, to Sam Savarino. It is a second notice of default under terms of the project agreement. It alleges that Savarino Companies are not meeting the goal of providing quality workforce housing for working residents of Batavia. "The term 'workforce' generally includes those who are not typically the target of, or eligible for, affordable housing projects (such as those at or above the median income). This usually includes essential workers in the community, such as firemen, nurses, and medical personnel." The letter notes only about 36 percent of the lottery winners are gainfully employed. GCEDC intends to recapture incentives under terms of the agreement "when 'the company has made a materially false or misleading statement, or omitted any information which, if included, would have rendered any information in the application or supporting documentation false or misleading in any material respect." The letter demands that Savarino cure the default by petitioning HCR to increase the AMI to 80% to 120% of AMI, and if that isn't feasible, demand HCR increase the AMI so the 50% to 60% threshold includes higher wage earners.
Sept. 19, 2023, email from Douglas Randall, city code enforcement, to Sam Savarino about concerns that "defects in the building envelope may result weather deterioration of the wood frame structure and freezing damage to plumbing and/or mechanical systems."
Nov. 20, 2023, notice of recapture sent to Ellicott Station, LLC by GCEDC, stating the agency seeks to recapture $831,577.23 and $281,518.40 in incentives.
Dec. 1, 2023, letter from Sam Savarino to Steve Hyde, objecting to the "recapture" proceedings and termination of the agreements between Savarino Companies and GCEDC. He says there is "no basis for the termination." He denies Savarino Companies is in default and rejects the assertion that his company made "materially false or leading" statements. He states, "... the 55-units were to be 'workforce' housing, which the agency claims 'generally includes those are are not typically the target of, or eligible for, affordable housing programs" and with income of 80% to 120% of AMI.
"The agency cannot credibly claim that the company made a false or misleading statement in its application. Numerous emails between you and myself or Oxford Consulting reflect your and the agency officials' knowledge and agreement that the 55 units of housing would be limited to occupants with income below 60% of the area median income." Later, he states, "The agency's awareness and acquiescence to this income restriction is further reflected in the Low-Income Housing Regulatory Agreement, dated April 15, 2022, among the company, the agency, and DHCR." Later, "Nor could any such promise be made or enforced. As you are well aware, the company cannot legally discriminate against unemployed applicants who otherwise meet the income requirements or otherwise ensure that the units go to a certain percentage of employed occupants."
He notes that the project's income levels cannot be increased to 80% to 120% of AMI and still qualify for housing tax credits. He concludes, "There is simply no basis to contend that the company in any way misled the agency, which is the only claimed cause for termination of the agreement. we respectfully request that the agency reconsider the termination of the agreements and revoke its demand for recapture of benefits thereunder."
July 3, 2024. The Ellicott Station project is on indefinite hold after Saravrino Companies completed requested work to button up the building. Photo by Howard Owens.
July 3, 2024, an incomplete Ellicott Station apartment complex, in limbo during legal disputes and the announced closure in 2023 of Savarino Companies. Photo by Howard Owens.
The fully restored Thomas Rocket Car, first built in Batavia in the late 1930s, is unveiled on Saturday at The Buffalo Transportation Pierce Arrow Museum. Photo by Howard Owens.
A unique and significant object from Batavia's history is now permanently displayed in Buffalo at the Pierce Arrow Museum at 263 Michigan Ave.
There is no other car in the world like the Thomas Rocket Car, built by Charles Thomas and Norm Richardson from 1935 to 1938 in a garage at the corner of Main Street and Ellicott Avenue in Batavia; the concept car was years ahead of its time. He had a periscope (or "Ventriscope" as Thomas called it), anticipating backup cameras on many vehicles built these days, mounted on its roof. It had independent four-wheel suspension, unheard of in the late 1930s. There was also extra padding -- before the invention of airbags -- to protect occupants in a crash.
The refurbished Rocket Car currently sits next to another of Thomas and Richardson's contributions to automotive history—the prototype of the Playboy, a tiny single-passenger car that the Playboy Motor Car Company made in Buffalo in 1947. Only 97 Playboys were ever manufactured, and the automotive museum has a handful on display.
"For us, it's a big deal to have a Thomas car but to have the Thomas Rocket Car is very important," said Jim Sandoro, museum founder. "If you look at all the publicity the car got nationally and internationally, and even right now on the internet, when you look up the car, you find fabulous things written about it."
The museum took over the restoration project from a group of Batavia automotive enthusiasts in 2023, putting together all of the final and finishing touches.
The original restoration group included Ken Witt, Dick Moore, Dave Howe, Dick McClurg, and Josh Quick, Jeff Ackerman, among others.
In 2015, the group intended to restore the car and find a home for it in Batavia. The City Council of 2015 agreed to accept the car as a donation if a suitable place to store it and display it could be found. That place was never found, and the restoration effort became cash-strapped, which is when Sandoro stepped in.
"We're the Buffalo Transportation Museum, which is Western New York, of course," Sandoro said. "As soon as I saw it a few years back, I said, 'Boy, if it doesn't happen the way they think it is going to happen, we could finish it. I made it known at that time, but then I stepped back and let everything happen. There was some progression, and it did. And I'm so happy. ... It just worked out. It worked out. It was meant to be."
There were about 100 people on hand for the unveiling on Saturday morning, including Thomas family members.
Jeff Thomas remembers how proud his father was of the car. He drove it for years until one day, the engine didn't get enough fuel going up an incline, and it stalled on railroad tracks.
"My mom said, 'That's it. I'm never driving the car again," Jeff said. "So that was the end of it being used as our family car, but it got a lot of looks around town and stuff like that because it's obviously very special."
The car, Jeff said, meant "Batavia" to his dad.
"That's where he grew up," Jeff said. "That's where he made the car. I even ran into a guy who happened to be the grandfather of a guy I worked with in a pizzeria. And he said, your dad was from Batavia. And I said, 'Yeah,' and he goes, 'Thomas.' 'Yeah.' And he goes, 'I used to ride around in this car he was building in the 30s before the body was on it.' They would ride around Batavia on just the chassis. So you run into people, you know, that have a connection to the car. It's just part of history. So it's great."
The car was also unique for its hidden door hinges, low-set headlamps, one-piece frame, independent front and rear breaks, and no running boards.
The engine was 80 horsepower and, for the time, got a fuel-efficient 15 miles to the gallon. It had a top speed of 80 mph and could comfortably seat six.
Sandoro confirmed that if Batavia ever wants to "borrow" the car for display, he would make it available. It would need covered transportation and insurance, he said. When the time is right, Batavia Downs might make an appropriate place to display it, he said.
Councilman Bob Bialkowski presented a Batavia City Council proclamation and praised people like Charles Thomas, who helped build Western New York, as "people with vision and determination."
He recalled seeing the car for the first time after it had been recovered from a barn in Lockport in 2015.
"It was just such a disaster," Bialkowski said. "If it wasn't rusted, it was broken."
He especially praised Dick McClurg, proprietor of Old World Collision on West Main Street Road, Batavia, where much of the restoration was completed.
McClurg said the Pierce Arrow Museum is a "fitting home. I think it's really fitting."
He said, "The museum made it look good."
"I wish I could have met Thomas. I really do. But I feel he was with me the whole time I was working on it," McClurg said.
When Thomas showed off his car in Detroit, experts agreed it was at least a decade ahead of its time.
But timing and circumstances were not on the side of automotive innovation. War was looming in Europe. Preston Tucker's then-recent failure to bring a safety-first mass-produced sedan to the market scared off the Big Three automakers in Detroit. They may also have felt threatened by all the innovation or decided it was just too expensive to retool to build such a futuristic car.
Whatever the reason, once the Rocket Car was done, Thomas never built another one. It became the family sedan and a showpiece for auto dealers on visits around the region.
Once the car disappeared from sight, it sat in a field in Batavia for years before a car buff in Lockport, Gary Alt.
Alt, whose antique car collection consists of dozens of Chevys from the 1930s, found the Thomas wasting away in a field in Batavia in 1977 when he drove out here with the intention of buying a 1934 parts car. When he saw Rocket Car, he had no idea what it was. He'd never seen it before or heard of it, but he knew it was unique and worth saving, so he bought it and the parts car and hauled them back to his farm property near Lockport.
Eventually, he tracked down the car's provenance and interviewed Thomas and Richardson in Buffalo, leading to a magazine article Alt wrote about the car. When that article reached local car enthusiasts who had long wondered what had become of the futuristic vehicle, they contacted Alt and arranged to buy it from him and retrieve the dust-covered relic from his barn.
The Thomas family has tracked the progress of the Rocket Car's restoration since it was recovered from a barn in Lockport in 2015. Family members at the unveiling on Saturday seemed thrilled to see it again in all of its original pristine glory.
"It's great for our family, great for my dad," Jeff said. "I mean, he deserves to have this in a place where people can see it instead of in a junkyard or something. So it's just fabulous. We're so happy."
For all of The Batavian's previous coverage of the Thomas Rocket Car, click here.
For a photo slideshow of the Rocket Car's restoration, click here.
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Jeff Thomas, son of Charles Thomas. Photo by Howard Owens.
Jim Sandoro, founder of the museum, and Councilman Bob Bialkowski. Photo by Howard Owens.
Attendees applaud Dick McClug, standing, in blue shirt. Photo by Howard Owens.
The Thomas Rocket Car before the unveiling. Photo by Howard Owens.
Attendees get a first close look at the restored Thomas Rocket Car. Photo by Howard Owens.
The restored interior of the Thomas Rocket Car. Photo by Howard Owens.
The prototype of the Playboy, designed by Charles Thomas, alongside of its predecessor, the the Thomas Rocket Car. Photo by Howard Owens.
Members of the Thomas family at the unveiling. Photo by Howard Owens.
Muckdogs starter Matt Misiti went six scoreless innings, giving up only two hits and striking out six, to help Batavia to its 24th win of the season.
The home team beat Geneva 7-0.
Misiti lifted his record on the season to 3-0 and lowered his ERA to 0.87.
The Muckdogs are 7 1/2 games ahead of second-place Auburn in the West Division
Travis Hammond, Justin Espinal and Jacob Veczko each gathered two hits for Batavia. Shaun Pope picked up two RBIs.
Earlier on Saturday, the Batavia Muckdogs hosted the Challenger baseball clinic for clients of Arc GLOW and before the evening game, one of the participants was part of the first-pitch ceremony. Photo by Nick Serrata
Former Olympic Swimmer for Estonia Jana Kolukanova, who attended Auburn University and is now a Batavia resident, throws a first pitch. Photo by Nick Serrata
A post in a Batavia-related group about a three-year-old lost in Batavia is a hoax, according to the Sheriff's Office.
The post on Facebook contains a couple of clues that it's a hoax.
The post says "Deputy Ryan Braidley" took the child to the "police station."
There is no Deputy Ryan Braidley in Genesee County. A police station would imply a Batavia Police Department case, not a Sheriff's Office case.
At the time of this story, the post had been shared by 154 people.
The account of the original poster may also be fake. The account's page has posts that appear to be spam.
Batavia Chief of Police Shawn Heubusch said users should be careful about sharing unverified information.
"Social media is a great resource for keeping in touch with friends and family, but everyone should be cautious about what they share publicly," Heubusch said. "Especially if they have not verified the information to be true and it has not come from a credible source. Sharing false information on social media can cause unnecessary panic and confusion."
A Genesee County jury on Friday rejected rape charges against a former Batavia High School football star, acquitting him in a unanimous decision on all counts following a trial.
The defense attorney for Ray Leach, Public Defender Jerry Ader, said the acquittal was appropriate.
"While the outcome was welcome and justified, the mental pain and suffering that these accusations and trial put Ray and his family and friends through were significant and long-lasting," Ader said.
The jury found Leach not guilty on counts of:
Rape in the first degree (Penal Law section 130.35(2)
Criminal Sexual Act in the first degree (Penal Law section 130.50(2) and
Sexual Abuse in the first degree (Penal Law section 130.65(2).
If not for the jury's decision, Leach's life could have taken a tragic turn, Ader said.
The counts against Leach included two Class B violent felonies and a Class D violent felony. Mandatory sentencing requirements, if Leach had been convicted, could have meant from five years to 25 years in prison, plus 20 years on parole and becoming a registered sex offender for life.
"Prosecutors are required to do justice, not necessarily get convictions," Ader said. "A prosecutor’s client is the public, not the police, witnesses or complainants. This case had many issues from the start, almost two years ago. Hopefully, cases like Ray’s will make people who investigate complaints and possibly prosecute them take a hard look at their practices and intentions to ensure that justice is done in the future.”
In 2018, Leach set the Section V single-season scoring record with 310 points. That was fifth all-time in the state. He set the Section V single-season rushing record at 3,012 yards, which was sixth all-time in the state. He scored 50 points against Cheektowaga on Nov. 10, 2018, a Section V record. He ended his high school career at the top of the list in Section V in all-time rushing yards at 6,203. He also set a new Section V record with 111 career touchdowns.
A Dansville man accused of leading deputies on a high-speed chase on city streets on early Sunday morning is facing multiple felony weapons charges.
Dandra Jamie Cramer, 25, of Main Street, Dansville, is charged with criminal possession of a weapon in the second degree, two counts of criminal possession of a weapon in the third degree, criminal possession of a firearm or knife, and resisting arrest.
The incident began at 1:42 a.m. when Deputy Jacob Kipler attempted a traffic stop of a minivan on West Main Street, Batavia, for an alleged traffic violation. As deputies approached the vehicle, the vehicle fled.
The driver led deputies on a chase that reached speeds of 93 mph on city streets, including Bank Street, Fairmont, and Ross. The vehicle damaged a mailbox and ended on Swan Street when it struck a utility pole, knocking it down before overturning just on the corner of School Street.
The suspect attempted to flee on foot, according to the Sheriff's Office.
Cramer was taken into custody at 1:46 a.m.
A search of the vehicle allegedly yielded the discovery of a defaced Glock Model 19 chambered in 9mm.
The suspect is accused of possessing a firearm in a place other than the person's home or business, of possessing a weapon with a prior conviction, and of possessing a firearm defaced for concealment.
A Sheriff's Office pursuit that started somewhere on the north side of the city of Batavia ended at Swan and School streets at around 1:45 a.m. on Sunday when the suspect vehicle struck a utility pole and flipped over.
One person is reportedly in custody.
A deputy was overheard telling a distraught family member who ran up to the scene and crossed the police crime scene tape that the suspect was uninjured and was in custody at the Genesee County Jail.
Another woman was taken into custody kicking and screaming, "That's my brother," with a deputy telling her he was OK.
This is an ongoing investigation, and while The Batavian was on the scene, no members of the Sheriff's Office, which is the agency handling the case, were available to provide more information.
The pursuit was reported on both State Street and Ross Street prior to the crash.
There were flames coming from the vehicle when City Fire arrived on scene. The fire was quickly extinguished.
UPDATE 3 a.m.: Sgt. Mathew Clor confirmed charges are pending and should be part of a press release in the morning. One suspect in custody. The woman who struggled with police was released with a warning once she calmed down. Besides taking out the utility pole on Swan, the vehicle also struck a mailbox on Ross Street.
“The shooting at a rally for President Trump in Pennsylvania this evening was reprehensible and should concern people of every political affiliation. Differences in political views are never a justification for violence. Reports indicate an attendee has been killed, which is tragic. My prayers are with the family of this victim who died because of the senseless, hateful actions of the shooter. I pray that President Trump is okay and that no other individuals were hurt."
AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 DISTINGUISHING FEATURES OF THE CLASS: Assignments in this Class require the exercise of specialized skills in tasks pertaining to the maintenance and repair of a wide variety of machinery and equipment used in public works activities, as well as to other vehicles owned or operated by the municipal employer. In smaller agencies, an Automotive Mechanic may exercise a degree of supervision over assistant mechanics or Equipment Operators performing minor maintenance and repair on equipment, with general supervision being received from a supervisor, superintendent, or other such official or designee. Does related work, as required. TYPICAL WORK ACTIVITIES: Repairs motorized and non-motorized equipment, such as trucks, tractors, mowers, graders, loaders, sweepers, rollers, compressors, and automobiles; Adjusts, repairs, and rebuilds gasoline and diesel engines; Repairs and replaces components of equipment, such as suspension systems, drive assemblies, brake systems, fuel systems, electrical systems, and cooling systems, and makes necessary adjustments to same; Carries out sanding, sandblasting, filling, painting, and related body-work tasks; Makes minor welding repairs; Operates drills, grinders, and other metal-working machines related to automotive repair functions; Performs preventative maintenance tasks which may include vehicle inspections; Attaches and removes snow plows, blades, and other attachments for motorized equipment; Maintains records of tasks performed, and other pertinent records; Requisitions parts and materials, to ensure adequate supply to maintain workflow; Acts as Equipment Operator, or wingman, as directed; May drive buses, cars, or trucks; May deliver fuel to job sites; Keeps shop area neat and clean. The above examples of duties are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITY AND/OR PERSONAL CHARACTERISTICS: Thorough knowledge of standard automotive repair and maintenance methods; thorough knowledge of automotive repair terminology and tools; working knowledge of welding techniques; ability to make difficult repairs to heavy automotive and other mechanical equipment; ability to work from plans and specifications, and to follow rough draft sketches and oral instructions; good motor and hand eye coordination; manual dexterity. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally required to reach with hands and arms. The employee constantly is required to stand; walk; and use hands to finger, handle, feel or operate objects, tools, or controls. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee is frequently exposed to wet and/or humid conditions. The employee is occasionally exposed to risk of electrical shock. The noise level in the work environment is usually moderate to loud. MINIMUM QUALIFICATIONS: One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENTS: Some jurisdictions may require appointees to receive and maintain certification as a NYS Motor Vehicle Inspector, within six months of appointment. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: 1. Possession and maintenance of appropriate valid license(s), as required. 2. In school districts where incumbent may operate a school bus, possession of a valid appropriate level New York State Driver's License is required. 3. Drivers must be at least 21 years of age. NOTE: In addition, candidates must satisfy the requirements for School Bus Driver set forth in the Rules and Regulations of the New York State Commissioner of Education. Non-Competitive Class Civil Service Applications are due to Human Resources no later than October 18, 2024.
