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When Samuel Savarino said he was closing his Savarino Companies and work halted at the Downtown Batavia Ellicott Station apartment complex in the summer of 2023, it seemed a given that the Buffalo-based developer was done with the project.

However, Savarino recently indicated, in responses to questions from The Batavian, that such a conclusion may have been premature. Work is being performed on the Ellicott Street property by “subcontractors of Savarino Companies LLC,” Savarino said Thursday. 

Contractor vehicles could clearly be seen at the site throughout the past several days, along with crews that apparently installed exterior siding and completed other construction tasks. 

The work is to both button up the property’s exterior to protect it from the wintry elements, and to further proceed with project construction, Savarino said.

He made an abrupt announcement in August 2023 that his company would be closing after a sticky financial situation involving the state Dormitory Authority and claims that not being paid for completed work created what Savarino said at the time was enough of a financial constraint, compounded by pandemic shutdowns, to keep some of his other projects afloat. 

After he backed off from Ellicott Station, city, county and state officials weighed in on the situation, proffering optimism that another developer would eventually step in and continue on. 

When asked if he had walked away completely from the project and if there was any possibility that he would work with another developer here, Savarino simply replied “No and Yes” to those two questions in that order. He did not wish to speak by phone and offered to answer questions by email. 

Savarino said that he’s been in communication with the city, Genesee County Economic Development Center, and the state Office of Homes and Community Renewal, with no elaboration or specifics as to when. City Manager Rachael Tabelski said on Thursday that she has “not had any communication on Ellicott Station from Savarino or the state.”

Savarino declined to answer further questions about the liens filed against his company by a handful of contractors that had already invested labor and materials into the project or whether he had any plans to file any type of financial protection, namely bankruptcy. 

When asked if he had any hindsight about what happened with the Ellicott project and if issues were about more than the Dormitory Authority, he did not reply. 

The project at 50-56 Ellicott St. became embroiled in a wrangle with city and county officials about how an initial market rate-turned-affordable workforce housing apartment complex became an unwelcome low to very low-income housing complex. 

Savarino qualified for state housing tax credits with a low-income strategy, but city and county leaders wanted to see the project accommodate higher salaried tenants to bring in more wealth and bump up the local economy and spending for what was being touted as “a pathway to prosperity.”

Much of it fell apart when GCEDC gained access to tenant demographics and discovered that Savarino was using a lottery method to select tenants and that income levels were much lower than anticipated. However, Savarino had also missed two October 2023 payment in lieu of taxes (PILOT) installments of $25,312.26 for Ellicott Station and $11,743.90 for the adjacent property that was to be a brewery/restaurant, according to documents provided to The Batavian.

By the time that letter from Harris Beach was sent to Ellicott Station LLC on Jan. 3, 2024, GCEDC was demanding immediate payment of $833,021.26 as part of “its right to capture agency benefits,” plus late payments and interest.

The recapture schedule includes $23,868.23 for a PILOT payment, $637,500 in sales tax exempt savings for 2023, and $170,209 mortgage recording tax exemption savings for 2021, for a total of $831,577.23 in October 2023 for Ellicott Station LLC, plus a PILOT of $10,964.29 for the adjacent Ellicott Street property, $212,500 in sales tax exemption savings in 2023 and $57,274.50 in mortgage recording tax exemption savings in 2021, for a total $280,738.79 in October 2023. 

The Batavian asked Savarino if he is planning to pay the “clawback” request of more than $1.1 million and about his response to the GCEDC. 

“Ellicott Station LLC has responded to the GCEDC. No further comment at this time,” he said. 

In a letter dated Dec. 1, 2023, Savarino contested the agency’s claims of recapture as being “without merit” since Ellicott Station LLC only received notices of default in July and August, and “all of the information request in the July notice, however, was provided by July 31, 2023, as acknowledged in the August notice,” Savarino said. 

He also disputed the discrepancy of income requirements since “numerous emails between you and myself or Oxford Consulting reflect your and other agency officials’ knowledge and agreement that the 55 units of housing would be limited to occupants with income below 60 percent of the area median income.”

“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 agreements,” he said. “We respectfully request that the agency reconsider the termination of the agreements and revoke its demand for recapture of benefits thereunder.”

A response from GCEDC to Savarino's letter was unavailable prior to publication.

Meanwhile, Steve Hyde, CEO of the economic agency, has given the community a whiff of optimism by stating that he believes the project will end up better in the end. There’s just no telling when and by whom that ending will happen. 

To read all about Ellicott Station, go HERE

Press Release:

Genesee County Deputy Treasurer and Director of Real Property Tax Services Kevin J. Andrews announces that he is running for Genesee County Treasurer in this year’s elections. 

Mr. Andrews has nearly 14 years of experience in the Genesee County Treasurer’s Office. Kevin started his career as Deputy Director of Real Property Tax Services shortly after the Real Property Department was merged into the Treasurer’s Office. 

In 2013, he was appointed Director of Real Property Tax Services, and he completed the certification training program from New York State to become a Certified County Director. 

In January of 2015, he was appointed Deputy Treasurer by current County Treasurer Scott D. German. This mix of experience will be beneficial to Kevin in managing all of the operations of the Genesee County Treasurer’s Office.

In his role as Deputy Treasurer, Kevin has gained experience with managing the county’s financial operations, including issuing and refunding bonds, managing cash flows and investments, and financial reporting. 

He has helped to implement new accounting standards from the Governmental Accounting Standards Board (GASB), such as additional accounting requirements for pensions (GASB 68) and new accounting requirements for leases (GASB 87). 

He has also helped to modernize and increase the efficiency of procedures within the Treasurer’s Office over his tenure.

Kevin is a lifelong resident of Genesee County, having grown up in the Town of Elba and now living in the Town of Le Roy along with his wife and three children. Kevin graduated at the top of his class from Elba Central School. He then went on to attend college at the University of Rochester, where he graduated magna cum laude with a Bachelor of Arts in Financial Economics and Mathematical Statistics.

“If I am elected as County Treasurer, I plan to manage the fiscal operations of Genesee County in a responsible, accurate, and transparent manner. I would also like to continue making progress on modernizing processes within the Treasurer’s Office to increase efficiencies both internally with other county departments as well as externally with the public,” Kevin said.

It was a full house on Friday in Park Place at Batavia Downs for the Beatles' tribute band, Beatlemania Magic.

Photos by Mike Pettinella.

Byron Bergen's Braedyn Chambry hit a free-throw on Thursday on his way to a 28-point game and 63 to 49 over Oakfield-Alabama to break his school's career scoring record.

Chambry surpassed the previous record of 1,063 points set by Brandon Burke in 2017. Chambry finished the game, with games left in the season to keep building his new record, with 1,078 points.

“Braedyn is old school,” said Varsity Boys Basketball Head Coach Roxanne Noeth. “100% of his buckets come from inside the paint. Nothing flashy, just hard work and persistence around the rim.”

“If someone is going to break Brandon’s record, I’m glad it is Braedyn,” said Joann Burke, mother of Brandon Burke.

For the Bees, Colin Martin added 12 points, and Cody Carlson scored 10.

For O-A, Gavin Armbrewster scored 17, Aedyn Groth, 15, and Jack Cianfrinni, 10.

Batavia's Alpine Ski Team took to the slopes for its last evening race of the season this week at Swain Resort on Wheel's Run.

Batavia's top finisher in the slalom was Ben Stone in 11th place.

"Hard and slippery conditions tested the skier's fundamentals and how well their skis were sharpened," said Coach Matt Holman.

Sections begin in the coming week.

Friday and Saturday evenings, and Sunday afternoon, theater goers can take a special Valentine's moment to explore along with Batavia Players the nuances of love.

The play "Love Lines" was written by Patrick D. Burk, who is also the director of the production, and Vincent M. Gauteri.

The production is described as "a celebration of love and how people fall in love currently or in the past; there are special moments from real people and real-life situations."

Show times are 7:30 p.m. Friday and Saturday, and  2 p.m. on Sunday, at the Main St. 56 Theater in Batavia City Centre.

For more information or tickets, visit bataviaplayers.org.

Submitted photos.

In celebration of National Pizza Day and in a show of support and respect for law enforcement on Friday, Assemblyman Steve Hawley had pizza delivered to several law enforcement agencies in his district, including a personal stop to deliver pizza to the Batavia Police Department.

“From the state troopers to local departments, our police officers are a vital part of our community’s safety,” said Hawley. “Far too often, we take their service for granted, but events like this are a small way to help give back and show our appreciation for their hard work.”

Other departments receiving pizza included:

• Albion Police Department
• Batavia Police Department
• Brockport Police Department
• Corfu Village Police Department
• Genesee County Sheriff's Office
• Holley Police Department
• Le Roy Police Department
• Medina Police Department
• NYSP - Troop A Albion Barracks|
• NYSP - Troop A Batavia HQ Orleans County Sheriff's Office

An injury accident involving a motorcycle is reported in the area of 6591 Byron Road, Byron.

Byron Fire and South Byron Fire, along with Mercy EMS, dispatched.

UPDATE 5:26 p.m.: The patient is going to be a signoff and there is no need for Mercy EMS.

Press Release:

Genesee County Treasurer Scott D. German has announced that after five terms as Treasurer and what will be 31 years in the County Treasurer’s Office at year-end 2024, he will not be seeking another term as County Treasurer so that he can pursue other opportunities. 

German started his career on Jan. 1, 1994, as Deputy Treasurer, becoming County Treasurer on May 1, 2004, by appointment by then Governor George Pataki. Mr. German was elected County Treasurer in November of 2004 and has run four additional times.

Treasurer German was elected by his fellow New York State County Treasurers to serve as President of the New York State County Treasurers and Finance Officers Association in 2012. In 2016, German was named New York State Finance Officer of the Year by his peers.

For the past 10 years, German has been one of two New York State Directors to the National Association of County Collectors, Treasurers, and Finance Officers (NACCTFO), an elected position by his New York State colleagues.

In 2020, Mr. German was presented the Inaugural National Leadership Award from a Pittsford NY company Three + One, which does business with hundreds of municipalities nationwide in assisting with liquidity analysis. German was presented this award for his role in maximizing the return on Genesee County’s cash.

Mr. German wishes to thank the voters of Genesee County for the last 20 years for entrusting him with the county’s finances. “It has been an honor and privilege to serve the citizens of this county as the county’s Chief Fiscal Officer,” German said. 

“I wish to thank all the county legislators that he had the opportunity to work with and the Genesee County Republican Committee for their support over the last 20 years. I’d also like to thank all of the employees of the Treasurer’s Office who I have had the pleasure to work with over the last 31 years. It is those employees that I owe a debt of gratitude to for their work that has allowed me to be a successful County Treasurer.”

German also wishes to thank his three deputies for their loyalty, dedication, and hard work over the last 21 years. They are L. Matthew Landers who served 10 years, James Stack for one year, and Kevin J. Andrews for the final 10 years of German’s tenure as County Treasurer.

Press Release:

The Genesee County Health Department is seeking information about the location of a dog and its owner(s) following a dog bite incident on Friday, Feb. 2, at 8:30 a.m. 

The incident occurred in a yard on Swamp Road near Jericho Road in Bergen. This dog has also been observed in that general area multiple times.

The dog was described as a black, lab/lab mix with a collar. The victim described the dog as well-groomed.

The health department is trying to avoid unnecessary medical treatment for the victim, so it is important to locate the dog to determine whether or not it is current on its rabies vaccination. If the vaccination status of the dog cannot be identified, post-exposure rabies shots will be recommended to the victim.

If you have information about the location of the dog and its owner(s), please contact the Genesee County Health Department at 585-344-2580 ext. 5555.

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The company's share price hasn't risen above $5 in four months after executives informed investors that it is facing a cash flow problem, and while it has made progress on improving its cash holdings and has increased production at plants in Tennessee and Georgia, there are stock analysts downgrading Plug Power as an investment opportunity. 

Even so, Plug Power's leadership indicates the company is plowing ahead with plans to build the nation's leading fully integrated hydrogen power supply company -- a revolution in alternative energy production if Plug Power can pull it off.

One component of that plan is the completion of a hydrogen fuel production facility and electric substation at WNY STAMP, and officials with the company say the project remains on course for production to begin in the first half of 2025.

In collaboration with the New York Power Authority and National Grid, Plug Power expects to achieve its full capacity of 74 tons per day of liquid hydrogen production within that time frame.

"At this point, the majority of the work on-site to date has been laid underground to support the incoming power, drainage, and water management demands of a functional green hydrogen plant," officials said in a statement to The Batavian.

In accordance with Security and Exchange Commission Rules, Plug Power disclosed in November that a shortage of cash threatened its ability to remain a "going concern" within the following 12 months.  It suggested it could raise more cash by selling stock and that the company expected to receive a sizable loan from the Department of Energy.

Since then, Plug Power authorized B. Riley Securities to offer additional public shares of the company for sale at market rate with the goal of raising an additional $1 billion in capital.  That agreement was announced in January.  There has been no news released on how that sale has proceeded.

Also, in January, Plug Power secured a $1.6 billion loan from the Department of Energy to help it complete six liquid hydrogen facilities (including, presumably, the facility at WNY STAMP).  Plug Power is expected to receive the funds later this year. CORRECTION: Contrary to the news article cited, the loan has not been finalized, but according to a company representative, the company took another step in the due diligence process toward finalizing the loan.  The representative said that Plug Power is at Step 3 of the process in the charge on this page.

Buffalo-based Investigative Post reported on Jan. 30 that the Tonawanda Senecas opposed the loan and were actively lobbying to stop it from going forward.

The Seneca Nation is invested in solar power.

Two days ago, Seaport Res Ptn, a stock analyst firm, downgraded Plug Power from a "buy" position to "neutral," which made headlines in the business press. The Seaport researches projected lower earnings this year for Plug Power.

A New York-based company (Latham) was founded in 1999 and has yet to turn a profit.  In its most recent earnings report, in September, it reported $890 million in revenue, a record for the preceding 12 months and a 38 percent year-over-year improvement.  Over the same period, the company lost $283.5 million.

In January, Plug Power began fuel production at its new plant in Woodbine. Georgia. The plant is designed to produce 15 tons per day of liquid electrolytic hydrogen, which the company says can power 15,000 forklifts per day. 

Two days ago, the company resumed fuel production in Charleston, Tenn. That plant produces 10 tons of liquid hydrogen per day.

The two facilities coming online are expected to reduce Plug Power's cost of production and improve its move toward profitability. 

The company's specialty is green hydrogen, which is hydrogen produced without fossil fuels powering the facilities, and then that hydrogen, when used as a fuel source, results in zero carbon emissions. (More info: Forbes Magazine video about green hydrogen featuring Plug Power)

Plug Power's long-term goals are enterprising -- to be the market leader in green hydrogen. It is building a "vertically integrated" business model, which means it can provide customers with hydrogen services in a variety of ways.  For an idea of vertical integration, think of Apple. From Apple, you can get an iPhone, iPad, computer, or even earbuds that all work together seamlessly.

Plug Power aims to provide customers with fuel cells, electrolyzers (splitting water into hydrogen and oxygen), to liquid hydrogen fuel. They even provide companies like Walmart and Amazon with hydrogen-powered forklifts.  Plug Power wants to provide distribution, delivery, and services and foresees a future for hydrogen that includes uses such as long-haul trucking.

Companies and consumers looking to hydrogen as a green-energy alternative to fossil fuels face many challenges, and Plug Power is attempting to provide solutions to those challenges. The nation currently provides little in the way of hydrogen production and infrastructure, according to industry analysts.  

Plug Power's challenges include competition from other fuel sources, including natural gas, solar, and wind, as well as the steep price of building an entirely new vertically integrated infrastructure that can meet global demand.

In an interview with a green energy podcast, Plug Power CEO Andy Marsh said hydrogen power is under attack from industry leaders who believe electricity is the only solution to carbon-driven climate change.

"It's folks who really don't want hydrogen to be part of the solution, and I would contend they really don't understand," Marsh said. "I would like them to explain to me how you clean up long-haul trucking. I'd like them to explain how you do the last mile for 30 percent of the applications. I like them to explain how you do a fertilizer. I like them to explain how you do steel, which represents six or seven percent of the world's carbon footprint -- electricity solves none of that, and it's rather frustrating that if you're really thinking about how, from a system point of view, you clean up greenhouse gas. It's not really possible with their solutions."

He said solving climate change will take all of the green energy alternatives, even including nuclear power.

Plug Power's executives have set ambitious goals -- producing 2,000 tons of hydrogen daily by 2030. At that rate, the company hopes to generate $20 billion in annual revenue at that point with a profit margin of at least 30 percent.  

According to  Marsh, one ton of green hydrogen is the fuel equivalent of 2,000 gallons of gasoline. 

The company selected WNY STAMP for the construction of a liquid hydrogen plant in February 2021.  The plant will cost more than $290 million to complete. 

Empire State Development is scheduled to pay up to $2 million in Excelsior Tax Credits in exchange for the creation of 68 jobs at the plant, or about $2,941 per job per year over 10 years. Plug Power is not eligible to receive the tax credits until the jobs are filled. The average starting salary is expected to be approximately $70,000 plus benefits.

As part of the project, Plug Power agreed to invest $55 million in a 450-megawatt electrical substation that will make electricity available to other WNY STAMP tenants.

The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District.  Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.

The STAMP plant, based on available descriptions of the other plants operated by Plug Power, would be the company's highest capacity plant.

If Plug Power were to go out of business, there's no information available on what might become of the hydrogen fuel facility. When Pepsi/Muller closed its plant in Batavia, followed by the failure of Alpina, both plants readily found new operators in HP Hood and Upstate Milk Cooperative, respectively; while there are other hydrogen companies and other energy companies, it's unknown if any would be interested in the Plug Power facility if it became available.

For previous Plug Power coverage, click here.

All but a few of about 200 residents were on board with creating Water District #5 in the Town of Bethany, and after the Town Board approved a resolution for a revised water district Wednesday evening, those property owners have 30 days to challenge the move or let it ride into the next phase of development, Supervisor Carl Hyde Jr. says.

The new Water District 5 is without Sweetland Road and a portion of Fargo Road that connects Clapsaddle Road to Stafford's existing water on Fargo Road because "Monroe County Water Authority will not allow us to hook up and run the water into their water system coming in from the west side of Bethany from the town of Batavia, which is a blend of Monroe County and water from the water treatment plant in Batavia," Hyde said. 

“The town of Stafford is having a meeting on Monday,” he said, regarding the dozen homes removed from Bethany’s Water District 5. “They’re considered out-of-district users. They do not count for our water district.”

Wednesday’s meeting was to review all of those legal aspects and the important financial details of the plan — a $21,680,000 project funded with a $16 million 38-year low-interest loan (with annual debt service of $554,107), yearly payments from Genesee County and a $5 million state infrastructure improvement grant. 

All of those numbers boil down to an estimated unit cost (unit = property) of $1,220. That cost doesn’t follow the property owner, as it remains at that property address. 

What does this mean? Public water for 350 users, Hyde said. If none of them opposes or challenges this water district, then it goes on to the state Comptroller for review. After that, it would go to bid, “and then, hopefully, we should start digging in September,” Hyde said.

If someone opposes the plan, it will be brought to a vote, and 51 percent of the property owners must say yes in order for it to proceed. That opposition will also delay the process by 90 days.

“Now it’s just a waiting game; it’s all up to the residents. The board has done everything it can do,” he said. “I’m glad. The residents asked me to get the funding, and I got the funding. 

“I do have some residents who have gotten a little bit of water back in their well. They were all excited because they could use their toilet twice a day. But I do still have a lot of people whose wells have not come back yet,” he said, sharing the worst news to come out of the drought so far. “One farm is no longer in the cattle business. Because the cost to haul water is not worth the price you pay for milk. He’ll be doing some crop farming but is retired from the cattle world. Dairy is Western New York’s largest commodity; when we start losing cattle farms, what else is there? The wells still aren’t recovered. After about 14 inches of snow, and it's gone, we've had no rain, and if we don't get snow, I am really afraid of what's going to happen this July and August.”

Hyde is especially worried about what to expect down the road once spring and then summer roll around again if winter continues to be this lackluster and rain still circumvents his town. The drought has been downgraded to moderate, which he thinks is “hooey.” And the long-range forecast in the Farmer's Almanac is "not good," he said, prompting him to make his own future plans.

“I’ve got residents still picking up water because they’ve got no water,” he said. “Hopefully, we can get the tanker back in the spring. Who’d have thought in the year 2024 in New York State that it’s a third-world country? Our homes may look a little better than theirs, but it’s a third-world country with no water.”

He’s counting on having made prior contacts with the state governor, Comptroller, and Office of Emergency Management, that there will be people to help out again later this year with a water tanker when possible. Emergency Management loaned a 6,700-gallon tanker to the town this past fall so that residents could fill their water totes for a month at Bethany Town Hall. 

Meanwhile, at least 350 property owners can cling to another water district’s formation by this fall, once and if all gets approved, for a completion by 2026.  That district would run down Townline Road north to Route 20 and be in the center of town. It has been a long time coming, with conception in 2017 and a USDA low-interest loan of $16.5 million. It was looking hopeful, and then COVID came along, and prices shot up for an escalated total project cost of $21.5 million.  The town was turned down on its first attempt at a state $5 million grant to make up the difference, but fortunately received better news this past December, and now has the funding.

Property owners would be responsible for the pipe service to their homes, at about $15 to $25 per linear foot, which engineer Eric Weiss of Clark Patterson Lee estimated to be about $500 total, depending on the size of the property and circumstances.  The cost of water would be about $6.48 per 1,000 gallons, for an estimated $388.80 per household. All of the debt service costs roll into the approximate yearly bill of $1,220 per property owner. 

During the meeting, a resident asked what would happen to all of the trees along her property. The answer covered trees, flowers, driveways and other similar items on properties, and that was “we’re going to avoid as much destruction as possible,” Weiss said. 

Contractors are given directions for how to navigate obstructions such as long tree roots. “They will excavate on either side and will push the pipe through it,” he said. As for other outdoor landscaping, “they will restore it to the way it was.”

A few folks didn’t like government-funded programs of any type, but by and large, the majority of attendees seemed in favor of proceeding with this water district. 

"The residents are happy that it's moving forward," Hyde said.
 

Notre Dame beat Elba 66 to 49 in Boys Basketball at Notre Dame on Wednesday.

Jaden Sherwood scored 22 points for the Irish. Ryan Fitzpatrick scored 15 points and George Woodruff scored nine.

For the Lancers, Mike Long scored 12 points and Nicholas Scott scored 11.

Photos by Debra Reilly.

Notre Dame beat Elba 68-55 in Girls Basketball on Wednesday.

The game, played at Elba, also served as a fundraiser in memory of Jordyn Torrey Augello, with the memorial foundation named in her honor, co-hosting the game.  A raffle, braids and Tinsel by Jagged Edges, and gift certificates sold helped raise money for the University of Rochester Genetics, Epigenetics & Metabolism Research Program.

Augello was an Elba Lady Lancer who later returned to Elba to coach youth basketball.

A 2009 graduate of Cornell who became a partner in Torrey Farms, Augello died at age 30 in 2018.

In Wednesday's game, Sofia Falleti scored 22 points for the Irish. Emma Sisson scored 16 points, Nina Bartz scored 14, and Gianna Falleti scored 12.

For Elba, Sydney Reilly scored 19 points. Lydia Ross scored 12. Mariah Ognibene and Brea Smith each scored 11.

Photos by Kristin Smith.