File Photo by Howard Owens of Ellicott Station in downtown Batavia.
Within one day of the fencing down around Ellicott Station property in downtown Batavia, someone was found on the premises during a search Tuesday by Batavia Police.
“BPD officers observed an individual who had an outstanding misdemeanor charge in the area of Ellicott Station this morning. Officers searched the remaining portion of the original Della Penna building and located the male subject,” Assistant Chief Chris Camp said to The Batavian later Tuesday. “While we were on location, we decided to conduct a property check. BPD did locate an area where a lock was cut in the new construction. We continued to search the area and did not locate anyone else on the property who did not belong. The owner of the property was contacted and advised of the cut lock. We cleared and will have our officers monitoring the area for criminal/suspicious activity throughout their tours of duty.”
Property owner Sam Savarino has officially ceased work on the property since announcing the closing of Savarino Companies in the summer of 2023. He had previously subcontracted work crews to shore up the apartment complex’s exterior and perform routine maintenance; however, time has slipped by as weeds have grown up and around the premises.
It’s a situation the city of Batavia is not tolerating, City Manager Rachael Tabelski said.
“Savarino has been cited for grass, weeds and debris, and the city has sent a third-party vendor out to cut the tall grass,” she said, which explains Monday’s landscaping activity and the dismantled fencing. “Yes, I’m very concerned that the construction site is unsafe and that the buildings are not properly secured. The city will continue to try to work with the owner to have the buildings re-secured and the site fenced off for safety reasons.”
The Batavian also asked Chief Shawn Heubusch about his concerns about the safety of the property and the potential for transients to enter and stay inside the vacant building.
“First, it is not the Police Department’s responsibility to secure the site. We will patrol the area of the building as we do with all other areas of the city, looking for anything suspicious and addressing it as needed,” Heubusch said. “We obviously will be paying some special attention to it due to its state of construction. Of course, we are concerned with any vacant properties in the city as they can become targets for trespassing and vandalism, among safety issues that come from having an unfinished property being left vacant. We hope the owner will take the necessary steps to secure the property as soon as possible.”
Savarino has yet to respond to requests for comment sent to him on Monday.
Batavia native Joey Pero works on a "mash-up" of two BHS alma mater songs for a new piece to celebrate Batavia Concert Band's centennial this year. It will debut at this week's concert at 7 p.m. Wednesday at Centennial Park, Batavia. Submitted Photo
It was about four months ago when Joey Pero played an alumni concert at Batavia High School and ended up in talks about doing a little something for Batavia Concert Band’s centennial season this year.
A collaborative discussion with band manager Jason Smith and band conductor John Bailey resulted in more than a little something, as Pero, a 1999 BHS graduate who went on to make a name for himself as a talented trumpet player and most recently went on tour with Jesus Christ Superstar, reached beyond merely playing a piece for the concert.
“And they said, ‘Well, what would you like to play?’ And I was just, I kind of mulled it over, and I said, 'Well, geez, you know, we have an alma mater song called Ever Batavia I remember playing in graduation. And why don't I do something really specific to Batavia for the 100th anniversary?' And you know, the more I thought about it, the more it kind of unwound in my head. And the more research I did, there are actually two alma maters. One was written in 1901 by Leslie Coryell, and it's called the blue and white. And then Hoyt Irwin wrote Ever Batavia in 1938. And that's been pretty much the song that is played at graduations, our alma mater events,” Pero said to The Batavian. “So after doing this research about the two, I said, well, I'm gonna write a piece for the concert band and weave these two pieces together kind of like a mash-up.
"And, you know, I wanted to also make the solo part easy for an intermediate level person so that at the conclusion of this concert Wednesday, I'll actually gift the piece to not only the Batavia Concert Band but the Batavia High School archives, so maybe in the future for the bicentennial they can play this piece," he said. "I wrote it with that in mind as well, that it would maybe have some forward life in the future.”
He took the 1901 piece, “The Blue and White,” written by W. Leslie Coryell, and “Ever Batavia,” written by Hoyt Irwin in 1938 and created a brand new piece for the band to celebrate two different decades, time periods and songs that were composed in contrasting tempos. Wednesday’s concert at 7 p.m. in Centennial Park will debut “Ever Blue and White,” a three-minute and 20-second composition by Joey Pero.
“No one's really done anything like that, for these pieces of music are two pretty standard types of pieces you would hear at any school, but I kind of gave it some cool elements and some cool counter lines and some sonorities that I think the band can really handle well and play the heck out of. So, for those who don't know, the concert band practices on Tuesday, the repertoire on Tuesday and performs it on Wednesday, so it's not like they're rehearsing this for months on end or weeks on end. It's really like a sight reading thing and then a performance the next day, and certainly, I'm looking forward to hearing this come to life,” he said. “You sit behind a computer and put these notes on a page. And you know, it plays back on a computer … so it's computerized sound. But the magic is really when they play the first note and that gives lift to the piece of music. So I'm looking forward to that the most.”
The rain location is at Stuart Steiner Theatre on the Genesee Community College campus, 1 College Road, Batavia. Inclement weather has pushed the musicians out to GCC the last two weeks, but Pero and band members, including band manager Jason Smith, are keeping fingers crossed for a clear-skied park performance this week.
“We are excited to have Joey join the Batavia Concert Band as we continue to celebrate our centennial anniversary! Joey was a proud member of the Band, and I was personally and musically thrilled when he returned to our hometown this past year,” Smith said. “Conductor John Bailey and I have enjoyed collaborating with him for this concert on Wednesday, and his presence and the special piece he composed for the Concert Band will be a special honor and is not to be missed — let's hope for no rain! Many of us, including me, have followed and appreciated Joey's musical career over the years, and for him to write a song incorporating the Batavia High School alma mater is indeed special.”
Pero is on a hiatus from the musical world, he said, since his contract with Jesus Christ Superstar ended in summer 2022 and he moved back to Batavia and launched his first AirBnB. Business has been booming, and the two-unit property has been booked ever since he began to advertise it, he said.
Visitors have come to stay from California, Indiana, Florida, Canada, New Jersey, Russia, and as nearby as Rochester, either for a relaxing staycation or to go see Darien Lake, Batavia Downs, Letchworth State Park or to get a glimpse of the eclipse in Genesee County, he said.
Of course, visitors could also attend a free concert every Wednesday, and Pero, who played in the group from 1997 to 1999, can attest to the quality of the Batavia Concert Band.
“It’s a damn good band; they sounded great,” he said of the last concert at GCC.
He described the process of taking this song through “various dynamics and tempos and time signatures.”
“I’ve morphed it into different time signatures and different tempos and I also interwove the two together. So if you listen carefully, you can hear one, and you can hear the other one kind of hinting in the background,” he said. So it's kind of cool how I mashed it up and was able to fit both in with both of them being so different at the same time. There's a beautiful intro to the tune with trilling flutes, clarinets, and piccolos, and the French horns come in with this Blue and White melody, and then the trombones come under it with Ever Batavia. So you can tell right off the bat here that both of the tunes are kind of infused in the introduction.
“I really hope the band enjoys playing it. There are some challenging parts, and I highlighted at least one section each of the band,” he said. “So there’s some moments for the percussion, there’s some moments for the French horns, the trombones, the clarinets certainly and the flutes certainly.”
He credits Josh Pacino for being a tremendous help with the archive search for the songs, which allowed Pero “to gain perspective on these two pieces of music,” he said.
On Monday, July 15, upon recommendation from Superintendent Jason Smith, the Batavia City School District Board of Education approved the appointment of Dr. Megan Crine as Principal of Batavia Middle School and Joel Reed as Director of Health, Physical Education and Athletics. Dr. Crine will start on July 16, and Mr. Reed will join the District on August 19.
Dr. Megan Crine Submitted photo.
Dr. Megan Crine has served as the principal of Ellis B. Hyde Elementary School in the Dansville Central School District since July 2023. Previously, she was the Middle School Red House Administrator at Churchville-Chili Central School District for twelve years, where she led committees focused on equity, student culture, and school improvement. Dr. Crine began her administrative career with internships at Marcus Whitman Central School District. She holds a Doctorate of Education in Educational Leadership from the University of Rochester, along with a Master of Science in Literacy Education from Nazareth College and a Bachelor of Science in Elementary Education with a Concentration in History from SUNY Cortland. Additionally, she earned Reading Recovery Certification from SUNY Brockport. Dr. Crine is certified in Elementary Education, Literacy Education, and School Building Leadership.
Joel Reed Submitted photo.
Joel Reed has 14 years of administrative experience, currently serving as the Assistant Principal and Director of Athletics at Medina Central School District. In this role, he manages student supervision, enforces school policies, oversees budget development, and supervises staff and coaches. Previously, Reed was the Director of Athletics, Physical Education, and Health at the Charter School for Applied Technologies. He holds a Certificate of Advanced Study in Educational Leadership from Massachusetts College of Liberal Arts, a Master of Science in Interdisciplinary Studies with a concentration in Health Education from SUNY Buffalo State, and a Bachelor of Science in Physical Education and Sport from SUNY Brockport. Reed is certified as a Professional School District Leader, Professional School Building Leader, and holds permanent NYS certificates in Health and Physical Education.
“I am thrilled to welcome both Dr. Megan Crine and Joel Reed to the Batavia City School District,” said Superintendent Jason Smith. “With decades of combined experience in education and leadership, Megan and Joel are passionate about helping students thrive and making our schools great places to learn and grow. They have come highly recommended, and I am confident they will be valuable additions to our leadership team. I also want to extend my heartfelt thanks to the parents, staff, and community members who participated in both of the interview processes. Your input was invaluable, and we appreciate your dedication and support. We can’t wait for Megan and Joel to hit the ground running.”
“I am delighted to join the Batavia City School District as the newest Principal of Batavia Middle School,” said Dr. Megan Crine. “I am excited for the challenge and look forward to working with the exceptional students and staff. I cannot wait to become a part of the BMS family and Batavia community, and I am eagerly anticipating the start of the new school year.”
“I am honored to become the new Director of Health, Physical Education and Athletics for the Batavia City School District,” said Joel Reed. “Batavia has a strong athletics program with a track record of incredible success, driven by our talented student-athletes and exceptional coaching staff. I see tremendous potential in BCSD's health and physical education program and am excited to build upon its successes. I am proud to be the newest Blue Devil and look forward to contributing to Batavia’s legacy of excellence.”
Also at Monday’s meeting, the Board of Education approved a contract extension for Jason Smith through 2029. With his extension, he receives seven additional vacation days and increases his sick day bank by ten days, with the ability to buy back ten additional days upon retirement from BCSD.
“The Board was unanimous in approving the contract extension for Superintendent Jason Smith,” said Board of Education President John Marucci. “We are proud of the work Jason has done since he joined the district in 2022. Consistency in our leadership and vision for the district is important, and Jason's commitment to BCSD remains steadfast. We look forward to our continued work with him and are excited about the future of our district under his leadership.”
During the summer months, the Genesee and Orleans County Health Departments (GO Health) typically see an increase in reports from residents who have encountered bats.
Bats can occasionally find their way into houses, particularly in older homes that are not properly sealed. This most often occurs during the summer nights.
“If you find a bat in your home, safely capture it and immediately contact the health department,” advised Darren Brodie, Environmental Health Director for GO Health. “We can assess whether there was potential exposure and if the bat needs to be tested. If you cannot capture the bat, call the health department for guidance on the next steps to take.”
In some situations, it is possible that a bat bite could go undetected. For example, if you awaken and find a bat in your room, if you see a bat in the room of an unattended child, or see a bat near someone that is under the influence, it is important to seek medical advice and have the bat tested.
To safely capture a bat:
Turn on room lights and close all the windows.
Close the room and closet doors.
Wait for the bat to land.
While wearing thick leather-like gloves, place a coffee can, pail or similar container over the bat (Never handle a bat with your bare hands).
Slide a piece of cardboard under the container to trap the bat.
Firmly hold the cardboard in place against the top of the container, turn it right side up and tape the cardboard tightly to the container.
If you do not feel comfortable capturing the bat or cannot do it safely, contact your respective health department during regular business hours.
If it is after regular business hours, contact your local county dispatch:
Love your own, leave the rest alone. DO NOT pick up, touch, or feed wild or stray animals (raccoons, foxes, bats, stray cats, stray dogs, etc.). Wild or stray animals, including their babies, can have rabies.
Keep rabies vaccinations current for all dogs, cats, and ferrets. This is important not only to keep your pets from getting rabies, but also to provide a barrier of protection for you and your family if your pet is bitten by a rabid wild or stray animal.
Obey leash laws. Keep your dog fenced in or on a leash when outside of your home and in public areas. Avoid allowing your dog to approach unfamiliar dogs, people, or wildlife.
Residents are encouraged to take note of our upcoming drive-thru rabies vaccination clinics for dogs, cats, and ferrets in Genesee and Orleans Counties that are offered at no charge.
Genesee County Rabies Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia)
Thursday, August 8, from 4 - 7 p.m.
Thursday, October 10, from 4 - 6 p.m.
Orleans County Rabies Clinics at the Orleans County Fairgrounds (12690 State Route 31, Albion)
Saturday, August 10, from 9 -11:30 a.m.
Saturday, October 19, from 9:00 to 11:30 a.m.
For more information on GO Health’s programs and services, visit GOHealthNY.org.
You can also contact your respective health department:
The Botts-Fiorito Post #576, American Legion announces the 9th Annual “Flag Disposal Ceremony” to be held at Northwoods Sportsman Club.
This years Flag Disposal day is on Sunday, August 11 at the Northwoods Sportsman Club starting at 1 p.m.
Old flags or flags that are torn or damaged beyond service life may be dropped off at the American Legion, 53 West Main Street, Le Roy or at the Northwoods Sportsman Club, 8402 Gulf Rd. Le Roy the day of the Ceremonial burn.
ALL are invited to attend and participate.
Refreshments and light lunch provided courtesy of the Northwoods Sportsman Club. Our thanks to all involved in making this event possible and for hosting this much anticipated program.
The undefeated Lockport Wildcats had an un-Fair advantage on Saturday night on their way to defeating the visiting Genesee County Spartans, 36-14, in Northeastern Football Alliance semipro action.
Veteran quarterback Willie Fair II passed for four touchdowns and ran for another TD to lead the Wildcats, now 6-0 in league play, past the Spartans, who drop to 3-2. Both teams compete in the league’s Western Conference.
Against Lockport, the Spartans were victimized by six turnovers – three fumbles and three interceptions, the big-play ability of Fair, who converted two 4th-and-20 situations into touchdowns, and a 75-yard kickoff return for a TD by Darren Thompson.
“Just too many mistakes on both sides of the ball,” said Spartans’ Head Coach Harry Rascoe. “We were unable to contain Fair, who can throw the ball 70 yards in the air, and we committed too many turnovers.”
Fair completed just 10 passes but four of them resulted in points as Jordan Evert and Sultani Campbell each had two TD receptions. The Wildcats’ ground game was effective with Fair gaining 53 yards on 11 carries and Sean Marshall picking up 52 yards on 11 carries.
For the Spartans, QB Corey Turpin completed 16 of 29 passes for 100 yards, with receivers Tai Reffell-Pugh and Deyonci Farley finding the end zone. Halfback Jed Reese carried 10 times for 42 yards.
The Spartans are back in action at 5 p.m. Saturday against the Ithaca Warriors, 4-2 in the Eastern Conference, at Pembroke Town Park.
This Saturday’s game has been designated “Youth Football Night” with all youth football program players and cheerleaders wearing their jerseys/uniforms admitted at no charge.
The Batavia High School Class of 1984 is thrilled to announce their 40th reunion celebration! Mark your calendars for an evening filled with memories, laughter, and fun on Saturday, August 24, 5 p.m. - 10 p.m.
Mingle and Reconnect with Old Friends
Alumni and guests are invited to gather for an informal get-together at the Terry Hills Golf Course & Banquet Facility 5122 Clinton Street in Batavia. This relaxed atmosphere is the perfect opportunity to reconnect with classmates, reminisce about old times, and create new memories.
Delicious Food and Drinks
Throughout the evening, enjoy a generous spread of hearty hors d'oeuvres complemented by a cash bar. Your ticket price of $30 includes food and one drink (house draft beer, house wine, or house liquor).
RSVP and Stay Connected
We encourage everyone from the Class of 1984 to attend this special event! To RSVP go to BHS Class of ’84 Reunion on Facebook where you can venmo your payment, to BHS Class of 84 Batavia. If you do not have a Venmo account, checks will be accepted payable to “BHS Class of 84 Batavia NY”. Please mail to: Kelly J. Bermingham, 8276 Park Road, Batavia. The deadline for registration is August 16!
To update your contact information, or ask any questions, please reach out to:
Sue Gagne receives the 57th State Senate District Woman of Distinction Award from Sen. George Borrello at the Generations Center in Batavia on Monday. Photo by Howard Owens.
This is a better place because of the “Sues” in the world, Matt Landers says.
Referring to mental health advocate Sue Gagne, the Genesee County manager spoke about her many attributes, including an ever-increasing passion and energy for providing support to others in her myriad roles since he’s known her the last two decades.
“So early on 20 years ago, I had a positive impression of Sue. And it has only grown from that point on for my 20 years here of getting a chance to know Sue, whether it's at (a Leadership Genesee) function, or the various roles she's had, and my opportunities to sit in and see her at work at various boards, and she's had a variety of them, all equally important to this community,” Landers said during the 2024 Woman of Distinction Award ceremony Monday at the Generation Center in Batavia. “I’ve gotten to see her more from her role in Mental Health Association, Suicide Prevention Coalition now UConnect Cares, and then some of the great work that she's doing with the City Church here, and the programming that she's advocating for, and coming to me for advocating for some funds for some Opioid Task Force monies, she's tireless.
“Many people in Sue’s role is, in my opinion, they slow down with time, she’s the opposite. I think that she’s speeding up and getting more passionate and more energetic through time, which is impressive. She’s one of those people that genuinely wants to help anyone in need in crisis,” he said. “I’m glad we have the Sues of the world. I’m a little more black-and-white, and the Sues of the world balance me out, and I’m glad that we have Sue and I’m glad to call her friend. Her passion and energy have positive impacted numerous lives in Genesee County, and it’s going to continue to impact them for years to come.”
Gagne was nominated by Sen. George Borrello of the 57th District for having “stood out amongst the group as someone so deserving” of this award. Gagne was honored in May during a ceremony in the Legislative Office Building in Albany alongside fellow honorees from across the state. The award program honors women who've made remarkable contributions to their professions, and their communities and serve as inspiration for others.
Monday’s ceremony brought the award home so that she could be recognized locally in front of friends and family. County Legislative Chairwoman Shelley Stein first encountered Gagne when she worked on the Board of Health and noted that Gagne’s name was there.
“Not only was her name there, Sue’s arms are there. And they’re around this entire county. And I can’t count on the number of times that I have said that name cares about all of us,” Stein said. “So thank you for being the arms that hold us kind of toward the center, or that we can bounce off of, because we need you. We need you more than we ever would imagine.
“I am grateful for the fact that you have continued to grow and to move your skills forward, because we are your beneficiaries here in this county,” she said. “On behalf of the county and our Legislature, and all of those who you take care of, we have a proclamation, but I’m not going to read t because you’re just gonna read it. Ours come come from the heart and from our head. Thank you Sue, congratulations.”
A great deal of Gagne’s work as stemmed from the mental health field, including when she was at the Mental Health Association in Genesee County, where she offered meetings for the American Foundation for Suicide Prevention. That was when Mental Health Director Lynda Battaglia discovered that “she was a force to be reckoned with,” Battaglia said.
“And I knew way back then that she was just someone that you just loved to be around, genuinely. Our collaborations and interactions continued through the years. And when I came to Genesee County, she was one of the first to welcome me with some hoots and hollering and screams and cheers and hugs, and that was at the Suicide Prevention Center training in Albany, New York in September 2019, and we were just really excited about all the work that we were gonna do together," Battaglia said. "So I see a drive in Sue, that is one of advocacy, advocating and using your voice for those that cannot advocate for themselves. And with that advocacy comes educating our community on mental illness, stigma, suicide prevention, all areas that are near and dear to Sue's heart.
"She's assisted with the development of a grassroots suicide prevention called gal pathway to hope. And on her own time and dime. She nurtured this coalition and built relationships so that this coalition could flourish, and blossom into what it is today," she said. "When she sets her sights on a vision she homes in and does what she needs to do in order to make it come to fruition.”
It was a pleasure for Borrello to nominate and honor someone “as wonderful as Sue,” he said, while also needing to recognize the people that she’s encountered on the worst days of their lives, “when they’re struggling in crisis, when there’s just seemingly no hope.” And to have another human being step in to provide them that hope, “that takes a special person,” he said, especially amidst the red tape of government and navigating a system to receive those desperately needed services.
“You know, as a society, we don't want to talk about these things, we want to sweep them under the rug, we don't want to recognize the fact that there are people out there that are struggling, that have issues with substance use disorders, mental health problems, but you are right there in the middle with those people," he said. "That's why you were the perfect choice for this award, because you are the type of person that does this for no other reason than you want to make society a better place to be. So I am just very, very proud to to be able to honor you today, and just take this time in front of your friends and family and co-workers to say that you are special, because you look for the good in people, you look for the way to get them a path to be productive members of society, to lift themselves up, meet people where they are, as they say you do that every single day.”
In a matter of seconds, Gagne illustrated her open spirit by jumping from a joke about herself into deep tearful reflection about why she has persevered in this field.
“I’m just so grateful, my heart is so full, and now you get me crying. The sadness that people deal with on a daily basis, it hurts, and I can’t just go though life and ignore it,” she said. “And I know I’m speaking to the choir here. You guys are all advocates in your own way, and under our pastor’s leadership years ago … my notes from the dream conference, he said find a need and fill it, and it stuck with me.”
Sue Gagne Photo by Howard Owens.
Genesee County Manager Matt Landers Photo by Howard Owens.
Speaking, Genesee County Legislative Chair Shelley Stein. Photo by Howard Owens.
County Mental Health Director Lynda Battaglia. Photo by Howard Owens.
Tyler J. Burns, 20, of Batavia, is charged with DWI. Burns was arrested after Batavia patrol officers were dispatched to the McDonald's on East Main Street, where Burns was allegedly doing burnouts in the drive-thru lane on June 28 (time of day not released). He was issued an appearance ticket.
Darien L. Rhodes, 31, of Batavia, is charged with robbery 3rd, criminal contempt 1st, criminal mischief 4th, and harassment 2nd. Rhodes is accused of violating an order of protection, forcibly stealing a set of keys from another person and damaging property during a fight at a location on Oak Street. He was arraigned in City Court and ordered held.
Carl E. Canterbury, 53, of Batavia, is charged with criminal possession of a controlled substance 5th. Canterbury was arrested June 28. During a traffic stop in March, he was allegedly found in possession of what turned out to be cocaine. He was arraigned in City Court and released on his own recognizance.
Kenneth B. Jordan, 31, of Batavia, is charged with criminal mischief 3rd and criminal contempt 2nd. Jordan is accused of violating an order of protection and slicing the tires of a vehicle in the driveway of the person he wasn't supposed to contact. He was arraigned and released.
Shane P. Herzog, 38 of Batavia, was arrested on a warrant on July 3. Herzog was previously arrested for bail jumping 3rd but allegedly failed to meet the conditions of a plea agreement. He was arraigned in City Court and released on his own recognizance.
Reicha B. Morris, 40, of Batavia, is charged with petit larceny and criminal possession of a controlled substance 7th. Morris is accused of shoplifting from Tops. While being taken into custody, she was allegedly found in possession of methamphetamine. She was issued an appearance ticket.
Leon C. Bloom, 42, of Penfield, is charged with DWI. Bloom was charged following a traffic accident on West Main Street, Batavia, on June 29. He was issued an appearance ticket.
Joshua L. Clair, 42, of Attica, is charged with DWI. Clair was charged following a traffic stop on June 30 on East Main Street in Batavia. He was issued an appearance ticket.
Adam J. Arsenault, 38, of Batavia, is charged with harassment 2nd. Arsenault is accused of threatening a neighbor on June 29 on Hutchins Street during an argument. He was arraigned and released.
Janna Marie Stirk, 41, of Orchard Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and failure to obey a police officer. Stirk allegedly failed to obey traffic directions at 10:53 p.m. on July 11 at Darien Lake following a concert. Stirk was arrested following an investigation by Deputy Mason Schultz. Stirk was processed at the Genesee County Jail and released on an appearance ticket.
Jeffrey Robert Roth, 58, of South Main Street, Oakfield, is charged with criminal contempt 1st. Roth is accused of violating an order of protect at 7:22 on July 8 at a location on Veterans Memorial Drive. Roth was held for arraignment.
Moises Casarez, 43, of Leona Lane, Hamlin, is charged with DWI. Casarez was charged following a traffic complaint on Park Road, Batavia, at 2:20 a.m. on July 13. Sgt investigated the complaint. Mathew Clor. Casarez was held pending arraignment.
Joseph Degweck, Jr., 52, of Pine Street, East Aurora, is charged with criminal possession of a controlled substance 7th. Degweck is accused of possession of a controlled substance at 10:20 on July 7 at a location on Main Road, Pembroke. He was held pending arraignment.
Alexander Michael Petrocci, 30, of County Road A, Farmington, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Petrocci was stopped at 10:52 p.m. on July 13 on South Lake Road, Pavilion, by Deputy Jacob Kipler. Petrocci was jailed pending arraignment.
Dawn Marie Testa-Turner, no age provided, of Johnson Hill Road, Lisle, is charged with DWI, driving with a BAC of .08 or greater, running a red light, and improper left turn. Testa-Turner was stopped at 12:22 a.m. on July 13 by Deputy Jeremiah Gechell at Oak Street and Park Road, Batavia. She was issued an appearance ticket.
J.D. Monroe Johnson, 24, of Wllmae Road, Rochester, is charged with failure to pay fine by court. Johnson was arrested on a warrant following a traffic stop at midnight on Nov. 13 and turned over to the Wyoming County Sheriff's Office.
Ellicott Station left unprotected after the fencing was removed on Monday. Photo by Howard Owens
The fencing has been removed around Ellicott Station in downtown Batavia and a small work crew was spotted Monday on the premises performing some landscaping -- weed-whacking and the like -- to remove overgrown grass and weeds on the Ellicott Street property.
City Manager Rachael Tabelski has recently said that property owner Sam Savarino would be cited for lack of property maintenance as the area "is an eyesore" with overgrown weeds and grass. She did not respond to The Batavian's request for further comment Monday about the fencing being removed, and whether there's any concern about anyone getting onto the property during the time period the fencing is down, including later this year when the weather turns colder and the vacant site might be a tempting resting spot for transients.
Savarino likewise did not return a request for comment about the fencing, how long it was expected to be down, concerns about anyone getting onto the property, and how secure the building is at this point.
The Batavian will update this article when/if responses are received.
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.
City of Batavia, NY Position: Full-time Building Maintenance Worker. Salary: $20.60 - $24.45/hour. The City of Batavia is accepting applications for one full-time Building Maintenance Worker. The work involves a variety of mechanical and other building maintenance tasks. Applicant must have a minimum of two years of full-time paid experience in general building construction or maintenance work, or an equivalent combination of training and experience indicating ability to perform the duties of the job. Civil Service applications may be obtained at City Hall in the Human Resource Department. Please send completed applications to Teri Dean, Employee Payroll/Insurance Clerk, One Batavia City Centre, Batavia, NY, or via email to tdean@batavianewyork.com by September 20, 2024. Background check, psychological assessment, and physical/drug testing required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO
