batavia

When you look like Elvis -- to the point that people have a tendency to stop you in the street unless you wear a bit of a disguise -- and can sing like the King, there's a natural path to take in life, especially if you're already living in the entertainment capital of the world.

That's the situation former singing bartender and Niagara Falls native Rick Alviti found himself in more than 20 years ago when his career as an Elvis impersonator started in Hollywood.

That life path brings him and his show, "That's the Way It Was," to Batavia Downs at 7 p.m. Sept. 9.

"I like the people I meet," said Alviti when asked what he enjoys about his career. "I meet the nicest people. They're always so kind to me.  When I'm out in stores or restaurants, people come up to me because I have this Elvis resemblance, and sometimes I wear a hat when I'm out, but when they come up to me, I always give them a card and invite them to a show. That's what I do for a living. 

"Meeting people, especially the people who love Elvis, is the best part. They're excited to meet because they love Elvis.  I'm fortunate to have that connection, and to me, that's a good thing."

After attending North Tonawanda High School, Alviti moved to Hollywood to pursue an acting career.  He landed a job at Dimples, a bar across from the NBC Studio that was a favorite entertainment industry hangout.  His gimmick was signing while he poured drinks, and already a huge Elvis Presley fan, he sang a lot of Elvis songs.  But Alviti had a beard, so nobody yet noticed his resemblance to Tupolo's most famous son.

He landed an acting job and had to cut his hair and shave his beard.  That's when, he said, everyone started calling him "Elvis."

He decided to get an agent and began getting serious about studying Elvis Presley's moves, watching his movies, and learning his songs. He got some gigs in Las Vegas and then the Las Vegas Convention and Visitors Authority sponsored him on a national tour.

After his parents moved to Myrtle Beach, he visited them knowing, too, that J.D. Sumner and the Stamps (Sumner was long associated with Presley), had a long-term residency at a theater in Myrtle Beach. That led to meeting the theater owner, and after Sumner's death, Alviti got an offer to set up an Elvis tribute show at the theater. 

That was a residency with a 12-piece band that lasted for years.

Doing two shows a day really helped him refine his Elvis impersonation, he said.

His career has led to shows all over the U.S. and several in Las Vegas, including at the Winn, the Mirage, and the Gold Coast. 

That's where he met the Jordinairs (once backup singers to Elvis), he said. They became friends, and he performed with them.  He's also performed with the Stamps.

He also played a birthday party for a playmate at Hugh Hefner's Playboy Mansion, where he met  Hefner, whom he said was a nice guy. He was provided one of the mansion's many bathrooms (he guessed 27) as a changing room but kept getting interrupted by people wanting to use it for "one of two things," as he put it.

As for acting, being Elvis has opened doors there, too.  He played in a production of “Joseph and the Amazing Technicolor Dreamcoat” and was cast as Elvis in episodes of “ER” and “One Tree Hill.” He also played Elvis is a Rusty Wallace commercial for Miller Lite.

Alviti now splits time between Buffalo and South Carolina.  When he's in the northeast, he tours with a five-piece band of guys mostly based in and around New York City.  In South Carolina, he has another band, though when he's in the Nashville area, his band is led by the son of DJ Fontana (Presley's former drummer).

Tribute bands are a big deal now, but until Elvis impersonators, as they were called then, came along in the 1980s, musicians either played in cover bands or bands that played their own songs.

Impersonating some other act to the point of trying to sound exactly like that act and putting on their costumes was an industry waiting to be born.

"When I started out, there were maybe nine guys who did an Elvis tribute," Alviti said. "You had to look the part and sing the part and entertain the audience. Now there's probably 9,000 guys doing it."

He said it's probably for Elvis impersonators to get a start now, and a lot of guys doing it for "$200 and just to have fun. They just want to be Elvis for a bit.  What I do is a professional production." 

When he first started out, the Elvis Presley Estate was also much more concerned about Elvis impersonators, and he was contacted by representatives of Graceland.  He said he told them that he wasn't trying to convince people he was Elvis. He was performing as Rick Alviti.

"You're allowed to do a tribute to anybody. That's in law," Alviti said. 

When he was contacted, he said he told them, "I'm not saying I'm Elvis. I'm Rick Alviti. I happen to resemble him, but I'm not pretending to be Elvis."

He makes a point of calling his show "That's the Way It Was" without claiming to be Elvis Presley so he doesn't violate the estate's intellectual property rights. People who go to the show know they're seeing an Elvis tribute and not a substitute Elvis.

"Now. I think they've embraced tributes because it's helping keep the image alive," Alviti said.

He said his show is different from most Elvis tributes because it's interactive. He gets the audience involved.  He performs many of the songs it expects to hear, such as "Suspicious Minds" and "A Little Less Conversation," and his set can change on the fly.

"I try to gauge the audience," Alviti said. "If I'm doing too many ballads, I'll add in some faster things, stuff that gets everybody going.  I think I have a good sense of what the audience wants to hear."

While this show will be the "jumpsuit Elvis," he does do the "leather Elvis" at some of his appearances when the show includes an intermission.

"Elvis is great because there's four eras," Alviti said.  "There's the early Elvis, the movie-era Elvis, the leather-wearing comeback-era Elvis, and the Vegas years."

This will be Alviti's first appearance in Batavia.

"I invite everybody to come out and enjoy themselves," Alviti said. "We will have a wonderful time. That's what it's all about, making people happy and making sure everybody enjoys the music of Elvis."

A transformer has reportedly blown in the area of 5155 East Main Road, Batavia.

There is arcing and sparking, and now a report of a fire in the front yard of a residence. 

Town of Batavia Fire dispatched.

UPDATE 9:29 p.m.: National Grid is reporting 2,462 customers are without power.  The power outage area is from State Street in the city to nearly Seven Springs Road on the east, and from East Main Street Road going north into Byron.  ETA for power restoration is 11:30 p.m.

Sleekly painted derby cars -- all 44 of them -- had personalities befitting their child drivers, from cheetahs and police cars to a super flash, and all in a bid to win during the second annual Batavia Business Improvement District (BID) Boxcar Derby on Ellicott Avenue Saturday.

The event has grown from last year into something that derby committee member Jim Krencik could hardly describe, he said. 

“It was bigger, faster, better, any adjective you can think of. This was a huge success,” Krencik said. “We’re so excited for our 44 racers. I think the way the race was set up, the speed they went; these kids had the thrill of their lives.”

The soapbox derby-style cars came in two parts: one that resembles a surfboard, which has all the mechanicals on it, and the other part, the shell of the car itself, according to Krencik. Then, the kids assembled the vehicles “almost, kind of the same way you were fabricating something, installing the wheels and the wheel pins.”

The derby cars are “powered” by a slight slope and gravity, with the aid of “leaning forward” to give gravity a helping hand and “a bit of ducking their head down to pick up speed,” Krencik said. Each car came with a brake the children could push to slow them down, he said. 

“You saw some of the kids kind of flying off the start, so you see the care that went into building them," he said. "Tightening up the vehicle really made a difference.”

Made with a type of fiberglass and hard plastic shell, the kids had about a month and a half to decorate and do what they wanted with their car, he said. Afterward, build days allowed the kids to learn how to put the cars together. 

“It was great. We had so much fun,” said Shannon Maute, executive director of BID. “The kids were so cute. We had little ones, we had like three-year-olds with the power drills drilling in the wheels. It was so cute.” 

Part of the idea behind using those power tools is to introduce kids to skilled trades, which can offer "hugely rewarding" careers, Krencik said. 

“You see kids who are 19 years old getting into apprenticeships making 30-40-50-bucks-an-hour right out of a training program,” he said.

“Really, the kids, they don’t realize it. So if this was the thing that sparked their inspiration, they are going to have such a good life because they are going to have a step ahead of every kid who was ‘too cool’ for the trades," he said.

It was especially rewarding to see those creations representing their drivers and rolling past the finish line, Krencik said.

“You just see the cars coming in, you see so many great designs,” he said “That’s the excitement. It’s not just ‘okay, I’m painting my car blue or red’, they are putting their personalities onto these boxcars."

Maute agreed. The kids put their "hearts and souls" into these boxcars, she said.

“They took pride in that and that’s what we love,” Maute said. “And we talk about it and talk about it, but until you see it, you do not understand how fabulous these kids are. 

“They’ve been talking about it for weeks and then when they got here … I think that they could not have imagined how big it was going to be, so it was pretty fantastic," she said. "And the whole goal was to create memories, and I think that definitely, that we succeeded.”

BID sponsored the event with the Greater Rochester Soapbox Derby as partner and security, plus additional sponsors Alex’s Place, Graham Manufacturing, Western New York Concrete, and Sheet Metal Workers Local 46.

According to organizers, many of the cars will be going to Oakfield for its boxcar derby to be held next weekend for its Labor Daze festival. Afterwards, the derby cars will be kept in storage until next year's derby.

Photos by Photo by Julia Ferrini.

After trailing the entire game, Batavia PD staged a comeback win in the bottom of the seventh inning to take the third meeting in a charity baseball game between the police department and the City of Batavia Fire Department.

The final score was 14-13 on Saturday evening at Dwyer Stadium.

Proceeds benefited the Michael Napoleone Memorial Foundation.

Photos by Howard Owens.

The state Office of Homes and Community Renewal has and will be involved with the Batavia-based Ellicott Station project, which has been thrown into some doubt recently after developer Sam Savarino announced he was shutting down his development firm, Savarino Companies.

An agency spokesperson responded to The Batavian’s request for comment, given that HCR initially awarded Savarino $1.2 million per year of low-income housing tax credits for 10 years based on his ability to secure investors, and more recently awarded Savarino $5.7 million in low-income housing tax credits for the downtown apartment project.

"HCR has been actively monitoring the progress of the construction of Ellicott Station and will continue to do so as we work to ensure completion of this critical project and deliver 55 affordable homes to Batavia,” the spokesperson said Friday. 

The Batavian had asked HCR about its role in the Ellicott Station project, the requirements of receiving the tax credits and if they could be transferred to another developer if Savarino walked off the job. 

The agency further added that:

• No tax credit funds are disbursed until a project is 100 percent completed.
• As with any HCR-financed affordable housing development, a new sponsor will be required to implement the terms of affordability in the existing regulatory agreement. 

It is unclear as to whether the apartment complex will remain in the current very low to low-income level, as per application guidelines on the Ellicott Station website, as city officials have been discussing the possibility of getting those levels raised to include workforce income levels. 

City Manager Rachael Tabelski said Thursday that city officials will be meeting with HCR to further discuss the current situation of Savarino’s company closing and the apartment complex’s income levels and future at a meeting in September. 

Savarino has not responded to requests for further comment since issuing a statement regarding the closing on Tuesday. As is posted on the company website, Savarino Companies, LLC, a full-service construction firm located in Buffalo, New York, will be winding down and ceasing operations.

"The primary factors governing the firm’s decision are ongoing and increasing costs related to a project the company’s surety was forced to complete at Alfred State College, a recent termination of work and the company’s inability to obtain surety bonding or acceptance of alternative performance guarantees for $110 million of 2023 work which the company would otherwise have had underway at this time," the site states. "Without that work, it would not be possible for the company to operate profitably.

"Savarino Properties, LLC, which is an independent company and provides property management services throughout Western New York, will not be impacted."

As of late Thursday afternoon, no one from Savarino Companies had reached out to the city about the fate of Ellicott Station, though there has been some apparent work activity noted at the 50 Ellicott St. site.

Press Release: 

Assemblyman Steve Hawley (R,C-Batavia) denounced the state government’s recent decision to require background checks for all ammunition purchases in New York. While the current system allows for free customer background checks for firearm purchases, this initiative would hand over this duty to the New York State Police.

Once this new system goes into effect, customers will be charged an additional fee of $9 for firearms and $2.50 for ammunition in order to cover the cost of a background check. Hawley is disappointed the state government is once again disregarding New Yorkers’ Second Amendment rights.

“This new plan to require background checks for ammunition purchases is completely outrageous,” said Hawley. “Not only does this infringe on our Second Amendment rights, but they’re making responsible, law-abiding gun owners foot the bill. Actual criminals are not going to go through the process of doing a background check and pay an additional fee on top of that. This will only deter law-abiding citizens from exercising their constitutional rights,” continued Hawley.

“As New Yorkers, we shouldn’t have to worry about career politicians in Albany picking away at our rights piece by piece. As your assemblyman, I’ll do everything within my power to make sure our Second Amendment rights are safe and secure.”

Suffice it to say that the name Savarino will be the word of the day for some time to come, as working through the recent company’s closure and what that means for Ellicott Station will be “a long process,” City Manager Rachael Tabelski said Thursday.

The Batavian had reached out to Tabelski late Tuesday about any updates on the closure of Savarino Companies and how that may impact the work-in-progress at the Southside apartment complex known as Ellicott Station. 

Tabelski responded on Thursday to say that company President Sam Savarino has not been in touch with the city since the publication of the news and that city officials are continuing to work on the situation. 

“There’s been no contact from the company,” Tabelski said. “We’re trying to gather as much information as we can. We don’t have answers yet, and we’ll be working on it. And looking to get those answers for everybody in the community, what next steps might be and what that might look like.”

She confirmed that prospective developers have contacted the city expressing interest in the project and that no vendors or subcontractors have called with concerns or complaints at this point.

City officials plan to meet with staff from the New York State Office of Homes and Community Renewal in September, which has been in the works since the city learned about lower-than-expected income requirements at Ellicott Station.

First promised as market rate, then workforce housing, the apartment complex's application surprised city officials earlier this year with low to very low-income levels, prompting them to reach out to HCR for assistance to see what could be done to raise those income levels to allow for workforce housing tenants. 

Apparently, in addition to the apartment complex, on-site work has also included preparation for a brewery, which had been discussed in original plans but had fallen through with the one company, Buffalo-based Resurgence Brewing. Savarino had later said that he still intended to follow through with the plan for a restaurant and/or brewery, whether it be another vendor or his own company. 

The developer owns the property at 30-50 Ellicott St. as part of a deal brokered by Batavia Development Corp. in an effort to throw a spark onto an underutilized piece of “brownfield” property that needed a remediation and economic boost.

New York State’s Office of Homes and Community Renewal promised $1.2 million per year for 10 years in low-income housing tax credits -- incentives that were tied to the developer securing an investor or investors to back the project.

He requested approximately $3.6 million in economic incentives, with a $2,105,792 property tax exemption, a $790,512 sales tax exemption, and a $180,792 mortgage tax exemption. The bulk of the incentives are only realized by the developer after the compilation of a project.

Genesee County Economic Development Center CEO Steve Hyde said Wednesday that the agency is working to determine the next steps to be taken and that the agency had already found the company to be in default of its financial agreement. 

Savarino was awarded $425,000 of the city’s Downtown Revitalization Initiative grant money and $5.7 million of HCR’s low-income housing tax credits.

In 2017 and 2018, the city also awarded his company two grants: one from Empire State Development called the Restore New York grant for $500,000 to rehab the old electric building that’s on the site and a $250,000 National Grid grant to enhance the Ellicott Trail on the property area right behind the Savarino campus. 

Savarino stated at the start of the project that the estimated construction costs at the time were more than $22.5 million.  The total of awarded grants, incentives, and tax credits is about $11.6 million. With the project incomplete, Savarino has not yet realized the full value of those incentives, grants, and tax credits.

The Batavian has reached out to Savarino for further details about the closure and future of Ellicott Station and its 55 previously confirmed tenants; and to HCR for comments about the agency's ongoing role and responsibility in this situation and will provide an update when/if a response is provided.

Previously:

• Apartment application reveals for first time, Section 8 vouchers accepted at Ellicott Station
• City leaders surprised by Ellicott Station's income levels, ask developer to raise them
• Ellicott Station developer, GCEDC excited about project for tenants to 'live, work and play'
• Ellicott Station is going up, city leaders ask for income levels to do likewise
• Lottery drawing selects 55 tenants for Ellicott Station, Savarino says
• One woman's dream comes true as first one chosen for Ellicott Station
• Savarino Companies going out of business, leave Ellicott Station up in the air
• Documents say Savarino defaulted on financial agreements, GCEDC and city work on 'next steps'
• Savarino explains reason for business closure

Press Release:

Save the date!  Saturday, September 16, from 10 a.m. - 1 p.m., the Genesee County Master Gardeners will be hosting their annual Fall Garden Gala and Plant Sale at Cornell Cooperative Extension of Genesee County, 420 East Main Street in Batavia.

This plant sale features hardy garden perennials, most of which are grown by Master Gardeners.  Fall is a good time to plant many perennials as there is still time for them to grow a strong root system before winter. A wide variety of house plants will also be available for sale.

Learn how to artfully arrange flowers fresh from the garden, as talented Master Gardeners create arrangements and bouquets right before your eyes! These beautiful flower arrangements will be available for sale.

Don’t forget to stop inside for the Basket Auction. You never know what treasures may appear. The Basket Auction drawing will begin at 12:30 p.m.

The Master Gardener Helpline will be open to answer your gardening questions.  Not sure what your garden soil pH is? Bring in a soil sample for FREE pH testing.

Don’t miss your chance to pick up some great plants at great prices. Arrive at 10 a.m. for the best plant selection.  No early birds, please.

Proceeds from the sale benefit the educational outreach of the Genesee County Master Gardener Program.

For more information contact Jan Beglinger at Cornell Cooperative Extension of Genesee County, (585) 343-3040, ext. 132, or stop by the Extension office at 420 East Main Street in Batavia.  Visit our website at: http://genesee.cce.cornell.edu/events for more information.  Like us on our Facebook page for Gala and other Master Gardener program updates https://www.facebook.com/CCEofGenesee.

Press Release:

Batavia Downs Gaming & Hotel has announced the on-sale dates for several upcoming events taking place this fall at Batavia Downs Gaming & Hotel.

On Friday, September 22, the Ricky Palermo Foundation Comedy Night will be held inside Park Place. Attendees will receive admission to a night of comedy, a free drink, a buffet dinner, and $25 in Free Play. Tickets can be purchased at rickypalermofoundation.org.

Monday, September 25 will be Batavia Downs’ Oktoberfest featuring music from Fritz’s Polka Band. This free event will run from Noon - 3 p.m. The Homestretch Grill doors will be open and several Polish food specials will be available.

On Saturday, September 30, the 3rd annual Vodka & Gin Fest, presented by Deep Eddy Vodka and Ford’s Gin will take place from 4 to 6:30 p.m. For $40, attendees will have access to vodka and gin sampling as well as grazing stations and receive $25 in free play as well as a free program and $5 wager on that evening’s races at Batavia Downs. Designated Driver tickets will also be available. $35 early bird tickets are now on sale at BataviaConcerts.com for a limited time.

WBBZ’s popular show, Polka Buzz, will tape their show inside the Park Place Room on Thursday, October 5 – tickets and details will be available at a later date.

Batavia Downs’ famous Family Fun Day & Wiener Dog Races will take place on Sunday, October 15. Family-related activities will also take place including on-site entertainers, kettle corn stand, pumpkin decorating for kids 15 and under, carriage rides, and pony rides will take place from 12 - 2 p.m. with the wiener dog races commencing at 2 p.m. The time was moved up to accommodate guests who want to make sure they don’t miss the Buffalo Football game at 8:20 p.m. that evening.

The Batavia Bacchus Wine Festival will be happening on Sunday, November 5 from 1 - 3:30 p.m.  For $35, attendees will have access to wine sampling from local and national wineries as well as grazing stations. All attendees will receive $25 in free play. Designated Driver tickets will also be available. Tickets for this event will be on sale later in the fall. This event will take place well ahead of that night’s Buffalo Football game at 8:20 p.m. giving attendees time to watch the game after the event.

“Our event schedule remains jam-packed for the fall,” said Henry Wojtaszek, President and CEO of Batavia Downs Gaming & Hotel. “We pride ourselves on providing a diverse variety of events for the people of Western New York.  Our guests will find that these events are fun, well run, and affordable.”

Tickets for other previously announced September events like the Bruno Mars and Taylor Swift Tribute show, the Elvis Tribute Show, and the Silent Disco are on sale now at BataviaConcerts.com.

Press release:

The Batavia Muckdogs have agreed to terms with current Manager and coach Joey “Skip” Martinez for the 2024 and 2025 seasons.  Skip Martinez took over in 2021, the first season CAN-USA Sports took over ownership of the Muckdogs.  The Florida native and former Detroit Tigers draft pick has come to know Batavia as a second home these past few years.            

Since taking over, Martinez has led the Dogs to the playoffs in two of his first three seasons. The Muckdogs won the West Division in 2022 and fell just 1 game short of winning the PGCBL Championship that season. Under Martinez, the Muckdogs claimed the #1 seed in the regular season in both 2022 and 2023. 

"Joey has done a great job for us here in Batavia, and we are pleased to have him back," said Muckdogs Owner Robbie Nichols. 

“I am very happy to be back to my second home and continue to be part of the Nichols family and our Muckdogs Mafia, I hope to be here amongst family for a long time. Thank you for the continued support for our organization, We will be back, and we will be better,” said Martinez.

Season tickets are on sale as low as $99 for the 2024 season.  If you are interested in tickets, sponsoring the Muckdogs, or hosting a group event next year at Dwyer Stadium, call 585-524-2260.  For the latest news throughout the offseason, check out their website at www.canusamuckdogs.com. The Muckdogs will be hosting the Battle of the Badges this Saturday at 6 p.m. at Dwyer Stadium and will be hosting Muckdogs Trick or Treat on Saturday, October 21st 3 to 6 p.m.

The way Jeremy Logan sees it, Batavia needs a music store. 

A community this size needs a place not just to buy instruments but all of the accessories musicians sometimes need on short notice, from strings and reeds to picks and drumsticks.

Logan worked for 13 years at Roxy's Music Store, and after Rose Caccamise died and the store closed, he knew there was a void to fill.  He worked from home repairing guitars for former Roxy's customers and continued taking guitar lessons from Paul Runfola at St. Anthony's.

Going to a lesson one day, he drove by a recently vacated storefront next to Southside Deli on Ellicott Street and thought it might be a good location to start a music store.  A few days later, there was a for-rent sign in the window.

He spoke to Runfola about it, and they decided to form a partnership and open a store.

In less than two weeks, Logan's Music has already started generating buzz among local musicians, and a lot of players are stopping by to say hello and check out the store. He's even made a few sales.

Currently, the store is stocked with second-hand guitars, from a gold-top Gibson Les Paul to custom Telecasters, along with lower-end models, as well as a few guitars Logan built or customized himself.

Logan, born in Batavia and raised on the Tonawanda Indian Reservation, fell in love with guitar at an early age. As he grew older, he wanted to find a way to make a living in the music business.

"I've loved guitar since I was kid, you know, but I wasn't good enough of a player to go further," Logan said. "I could play in local bands, but I wanted something consistent."

In 2000, he enrolled in the Roberto-Venn School of Luthiery in Phoenix and, after his studies, moved to Eugene, Oregon and worked for a company making graphite guitar necks.  

Then he returned home and eventually took a job at Guitar Center in Buffalo, first in sales and then as a luthier when the company decided to open a repair shop.

One day he happened to Roxy's and met Rose.

"I was just talking with her and told her what I did and everything, and she said, 'Come over here,' and we sat down in the corner we talked for about a good hour about what I was doing. The next day, she gave me a call and offered me a job.

Logan liked holding down a job closer to town, and he gained a reputation among local guitarists as an expert luthier.  

He became a luthier because he loved tinkering with guitars but also because he wanted to build custom guitars himself.

"I've always wanted to make my own kind of crazy designs," Logan said.

There's also satisfaction, he said, in bringing a broken guitar back to life, whether that is for a customer who drops by with a damaged instrument or if he finds a crippled axe at a flea market or garage sale, giving him an opportunity to turn it into something that brings joy to a customer.

"I like fixing guitars, taking a perfect junk guitar and making it playable and getting it to somebody who can use it," Logan said. "That's always really cool.  I like the look on someone's face when they get a guitar. It's always the same feeling. I like just bringing a guitar back to life and getting it out to people to where they're it's to be played and not just sitting in a pile of junk."

The selection of second-hand guitars in the shop offers shoppers a wide variety of choices.  He has buyers who go out and find them, and now that he has a storefront, customers will bring in guitars to sell.  That makes the selection always eclectic and always changing, making the store a bit of a paradise for local guitar players who haven't had a place in Batavia to browse a variety of guitars for a couple of years.

He's still building his stock but has no plans in his current small space to stock many other instruments.  He does intend to carry supplies to support all kinds and levels of musicians in the community and is open to suggestions. 

"I had a music teacher from John Kennedy come in, and he was talking to me and asked me if I was going to carry certain stuff, and I said I don't really know what to carry for schools, so he sat down, and he gave me a whole list of what he needed," Logan said. "He said he would send over a teacher from Batavia High School, too.  That was cool because everybody has been ready to give me advice and what is needed for the community. That is what I've wanted. It's going to be hard to take the place of Roxy's, but there was nothing here for the community, so it's cool (to get advice)."

Logan's Music is at 302 Ellicott St., Batavia. The store is open from 11 a.m. to 7 p.m. Tuesday through Friday and from 10 a.m. to 6 p.m. Saturday. The phone number is 585-201-7133.

Sam Savarino cited a loss of more than $3.3 million that stemmed from a construction job at SUNY Alfred State College as reason for closing his Savarino Companies, and therefore leaving Batavia's Ellicott Station apartment complex in the lurch this week. 

Savarino sent The Batavian a four-page outline detailing what had transpired during that job, and we wanted to publish that explanation, albeit lengthy over the course of three years, here.

It began with DASNY
Savarino had a contract with the Dormitory Authority of the State of New York, known as DASNY, to perform the construction of a student housing project at Alfred. The project was called MacKenzie Hall Phase III renovation and associated asbestos abatement. It was broken down into three phases, and phase 3A was to be done before 3B and 3C were to begin, Savarino said, though there was some overlap between all three phases.

The pandemic plays a role
Soon after Savarino began the work in March 2020, it was suspended by DASNY due to COVID-19 and state executive orders. Savarino reserved its rights based on the project shutdown, and DASNY eventually determined that the work would resume on May 18, 2020, and the schedule would be reset. Phase 3A was then to be completed by July 23, 2021.

Phases 3B and 3C were to begin on May 17, 2021, and Savarino objected to the schedule that was being imposed and reserved all of its rights, he said. He moved toward completion of Phase 3A and also began certain work on the other two phases.

Alfred's change of plans
On April 30, 2021, more than two and a half months prior to the required substantial completion of Phase 3A work, DASNY informed Savarino that Phase 3B and 3C were being put on pause, Savarino said. Alfred College had determined that it needed to continue the use of dormitory rooms that would have been renovated as part of Phase 3B and 3C. No other reason was given at that time, Savarino said.

For a variety of reasons, including COVID-19, supply chain issues, shortage of labor issues, owner delay issues (e.g., late change order work and failure to require design professionals to timely respond to Savarino requests for information and assistance) and other issues that were not attributable to Savarino, the Phase 3A work was not substantially completed by DASNY’s imposed date of July 23, 2021, Savarino said. 

He was issued a temporary approval of occupancy by DASNY on or about Nov. 3, 2021, with respect to Phase 3A. Completion of “punch-list” items was still remaining.

Terminating services
Notwithstanding its approval of occupancy, DASNY provided notice to Savarino on Nov. 4, 2021, that it intended to terminate Savarino with respect to the Phase 3A work and the remainder of the project, being the Phase 3B and 3C work that DASNY had paused back on April 30, 2021. 

Savarino contested its termination in writing on Nov. 16, 2021, as well as during a conference call that was afforded to Savarino on that day, he said. By letter dated Nov. 19, 2021, DASNY terminated Savarino, purportedly for cause. Savarino has objected to its termination and has claimed that DASNY has breached the contract. Savarino has reserved all rights.

Good faith punch list
Notwithstanding the Nov. 19, 2021 termination, Savarino and its subcontractors continued to perform in good faith the “punch-list” items on the Project until DASNY terminated Savarino’s right to do that on or about Dec. 7, 2021. This punch-list work could have been completed within a short period of time, But DASNY required that it have in place a take-over agreement with Savarino’s surety, Endurance Assurance Corp., before any work could continue. This would prove to delay completion of the work, he said.

On DASNY’s demand, Endurance agreed to complete the work on the Project. Endurance requested that the surety be permitted to hire Savarino as its contractor to complete the work. This was a permitted alternative under the performance bond, but that alternative required the owner’s consent. DASNY flatly refused, Savarino said.

Completion/Takeover Agreement
Eventually, Endurance and DASNY entered into a Completion/Takeover Agreement that was executed on April 5, 2022. This allowed the completion of the Phase 3A “punch-list” work and set new dates for completion of the Phase 3B and 3C work. The surety hired Loewke–Brill Consulting Group as its representative and replacement contractor, all at great cost to Savarino, he said. 

While the agreement provided Savarino with the ability to assist Loewke–Brill, he was essentially barred from the site. Savarino assisted in scheduling, continuing subcontracts with subcontractors, payment applications and other matters to progress the work. DASNY’s own actions delayed the completion of the Project, he said. 

The “pause” on the Phase 3B and 3C work on April 30, 2021, for the convenience of Alfred State College, cannot be attributable to Savarino, he said, and its refusal to allow work on the Project to proceed until the Completion/Takeover Agreement was signed on April 5, 2022, further delayed the Project.

Building his case
Savarino denies that it was appropriate for DASNY to terminate his work on the Project. Savarino said he believes that the termination resulted from deteriorating relationship between Alfred State College and DASNY and DASNY’s attempt to “save face” by blaming Savarino for delays in the completion of the Project. 

Savarino further believes, according to his email, that, in any event, other causes contributed to the delay in completion of the Project. Savarino has engaged an expert to study the delays that he incurred that were outside of his control, and preliminary indications from that expert indicate that an extension of time in favor of Savarino for the Phase 3A work beyond DASNY’s imposed date of July 23, 2021, would be appropriate.

Moreover, the contract with DASNY provides for liquidated damages for a delay in project completion. If these are appropriate in amount and not unenforceable as a penalty, that would provide DASNY its remedy for delay in completion. 

Savarino believes that, in any event, Alfred State College was not materially impacted by the delay in completion of Phase 3A. The students that would have occupied Phase 3A were housed in other facilities on campus, he said.

Filing his lawsuit
On Nov. 15, 2022, Savarino filed a lawsuit against DASNY in the Supreme Court of the State of New York, with the venue in the County of Albany, to seek an adjudication of the respective claims of the parties. That lawsuit is now in the discovery stage.

It should be noted, he said, that Phase 3B of the Project achieved a temporary approval for occupancy as of Aug. 11, 2023, and is now being occupied. It is anticipated that Phase 3C will be completed by the anticipated date of Nov. 24, 2023, as set forth in the Completion/Takeover Agreement with Endurance.

Savarino claims that it has been severely impacted by DASNY’s actions on this Project. Savarino will be seeking damages from DASNY in the currently pending action, he said.

Savarino included an attachment that tallied estimated damages of $3,310,282.82 based on the increased costs and legal fees that Savarino incurred that were caused by DASNY’s actions.

Press Release:

Batavia and the Genesee County Airport welcome back the Wings Over Batavia Air Show September 2-3, marking a renewal of an event that last took place in 1998. The show will feature a mix of military and civilian aircraft including the U.S. Air Force A-10 Thunderbolt II, the F-22 Raptor, and P-51 demonstration teams as well as world-class aerobatic performers Michael Goulian, Rob Holland, Matt Younkin, and more.

“This is a family-friendly event with aircraft performances that will delight the crowd,” said Air Show Director Dennis Dunbar. “And once the sun sets, the show will continue with a one-of-a-kind pyrotechnic musical featuring aircraft flying through explosions that are choreographed to music. It will be unlike anything
you’ve ever seen.”

Air show gates open on Saturday and Sunday (of Labor Day weekend) at 2 p.m. Flying begins at 5 p.m. and continues through twilight hours. The show ends at 9 p.m. with choreographed fireworks and aerobatic aircraft performances.

The air show lineup will be one of the largest of any air show in 2023 across North America. The lineup will include: 

• U.S. Air Force A-10 Thunderbolt II Demo Team
• U.S. Air Force F-22 Raptor
• U.S. Air Force Heritage Flight
• P-51 Mustang Demo Team “Mad Max” & “Little Witch”
• Nathan Hammond
• Matt Younkin – Beech 18
• Michael Goulian
• Ken Rieder
• Rob Holland
• Bill Stein
• Kevin Coleman
• Jim Peitz
• Lee Lauderback – P-51 Mustang “Crazy Horse”
• Choreographed Pyromusical Fireworks Show
• Luke Aikins – Red Bull Airforce
• Airythmia

The air show also presents a volunteer opportunity for civic groups, schools, sports teams, and more to raise funds for their organization. Volunteers have a backstage pass to the sights and sounds of the air show and will receive a volunteer t-shirt and food and water during their volunteer shift. Simply visit the Wings Over Batavia website www.WingsOverBatavia.com and click on the ‘Volunteer’ button to sign up.

Press Release:

Greenside Cannabis, in partnership with Dank, Buffalo’s first
licensed adult-use dispensary, and Empire Hemp Co., is thrilled to announce the WNY Cannabis Growers Showcase. 

This unique event will be hosted at Empire Hemp Co.'s retail CBD store, 204 E. Main St., in Batavia, NY, beginning on August 29, 2023, and continuing weekly from Tuesday to Saturday, 1 to 7 p.m., until December 30, 2023.

The WNY Cannabis Growers Showcase is designed as a pop-up adult-use dispensary where local OCM (Office of Cannabis Management) licensed cultivators can directly sell their high-quality cannabis products to consumers. This showcase aims to highlight the best of Western New York’s burgeoning cannabis industry, offering a curated selection of products, including flower, edibles, and vape products.

Participating Cultivators and Processors: Currently, the showcase features an impressive lineup of local cultivators, including Greenside Cannabis, Tarot Tokes, Flwr City, and House of Sacci. Additionally, Empire Hemp Co. will be
offering a selection of gummies and vape carts that will be available for purchase at the event.

A Community-Centric Approach: “This showcase is more than just a place to buy cannabis—it’s a celebration of the incredible talent and innovation that exists within the Western New York cannabis community,” said Alexis Heim, CEO of Greenside Cannabis. “We are proud to partner with Dank and Empire Hemp Co. to create a space where local growers can connect directly with consumers, educate the public, and elevate the entire industry in our region.”

"We're thrilled to host the WNY Cannabis Growers Showcase," says Chris VanDusen, CEO of Empire Hemp Co. "It's not just about showcasing the best cannabis products in the region, but also about building a community, supporting local businesses, and celebrating the rich tapestry of cannabis culture in Western New York."

Event Details:

● Dates: August 29 - December 30, 2023
● Days: Every Tuesday to Saturday
● Time: 1-7 pm
● Location: Empire Hemp Co. Retail CBD Store, 204 E. Main      St., Batavia, NY

This event is for adults 21 and over. Please consume responsibly.

The next steps are yet to be determined.

That seems to be the ongoing response from city and county officials in the aftermath of an announcement by CEO Samuel Savarino that his company will be ceasing operations and laying off its employees.

Savarino is the developer of Ellicott Station, the four-story apartment complex touted as an economic lifesaver for downtown Batavia and for working individuals and families in need of an affordable, quality and safe place to live.

That economic vision was blurred earlier this year when the online rental application indicated income requirements of very low to low ranges, seemingly squelching the notion that the units would indeed be for workforce individuals. The Batavian had reached out to Savarino requesting details about a lottery that awarded rentals to 55 tenants. He wasn’t privy to such information, he had said at the time.

Apparently, the Genesee County Economic Development Center had more luck. The agency had, according to its June 29 meeting minutes, “requested “blind” demographic information to ascertain 1) where the lottery winners are from and 2) what percentage of the lottery winners are gainfully employed.

“Despite numerous efforts, there has only been partial information received back from the developer.  On July 13th, a demand letter was issued to provide the information requested to assess if the project meets the requirements of Workforce Housing,” the minutes state.

Savarino finally responded on July 31. After careful analysis, GCEDC determined that the developer remained “in default for performance reasons.”

“There is an insufficient number of lottery winners that meet the GCEDC definition of workforce housing, which is aligned with the industry definition as well,” the minutes state.

When reached for comment about the company closure Wednesday, Steve Hyde, CEO of the agency, said that “next steps are yet to be determined.

“To clarify, the majority of the GCEDC financial agreements for the project are termed over 30 years that start following the completion of the project. These are structured as performance-based. Additionally, the project was notified in July that it is in default of its GCEDC financial agreements and is currently in a cure period to meet the goals of a workforce housing project,” he said. “In light of the news yesterday, the project being in default to our financial agreements enables the GCEDC to have a greater role in ensuring a positive solution as we work with all parties involved. We continue to work with the City of Batavia towards this goal."

Savarino issued an emailed statement Tuesday, and added that there would be no further comment at this time. The Batavian reached out to one confirmed future tenant of Ellicott Station, who did talk to a Savarino employee. Carla Laird was featured in The Batavian after the lottery happened this past spring, and her excitement hasn’t diminished about moving into Ellicott Station, though she is concerned.

Laird was told to continue planning for her new apartment, with a move-in sometime between December and February. The Batavian emailed Rachel Good of Savarino Companies to confirm this and has not received a response.

On Tuesday, City Manager Rachael Tabelski said that the city had not been contacted by Savarino Companies before the announcement and is, therefore, "reviewing and evaluating all information as it comes forward."

"Over the past month, the City has worked with the Genesee County Economic Development Center (GCEDC) to demand Savarino Companies provide workforce housing at Ellicott Station as promised in their applications to the State and City.  The City will be meeting with regional and state partners to seek assistance to move the Ellicott Station Project forward," Tabelski said Tuesday. "As more details become available, we will update the community.”

Back in February, city and county officials responded to the news that Ellicott Station was not going to be as workforce-friendly in diverging ways. City Council sent a letter to the state Home and Community Renewal agency seeking assistance to ensure that income levels could be increased to offer a better mix of rental opportunities.

Hyde focused on the longstanding and dilapidated defunct buildings at 30-50 Ellicott St., and how Ellicott Station was designed initially “and continues to contribute to helping achieve the goals of the Batavia Brownfield Opportunity Area (BOA) and the Downtown Revitalization Initiative (DRI),” he had said in February.

He pulled an excerpt from the DRI application for the Build Ellicott Station Project:

“The DRI program will be a comprehensive approach to boost Batavia’s economy by transforming the downtown into a vibrant neighborhood where the next generation will want to live, work and raise a family.  A key component of the DRI program is to advance strategic private and public investments that will provide catalytic impacts to facilitate downtown revitalization.”

“I believe the Ellicott Station Project, in its current form, continues on this path by making public/private investments, revitalizing a blighted parcel which is helping to transform our downtown into a vibrant neighborhood that offers opportunities for our young adults in the community to live, work, play and raise a family in a significantly upgraded area of downtown Batavia,” Hyde said. 

Savarino had said he wasn’t sure why city officials were upset, as income qualifications hadn’t changed according to his understanding. 

He said that those numbers were fixed in 2019 per 50 to 60 percent of the area median income at the time. The project will have to be up and operating before it can be adjusted, he had said at the time, but that is a possibility. 

“So if wages have gone up in that time, then the income restrictions will go up, and if they’re going down, the income restrictions will go down,” he said.

Previously:

• Apartment application reveals for first time, Section 8 vouchers accepted at Ellicott Station
• City leaders surprised by Ellicott Station's income levels, ask developer to raise them
• Ellicott Station developer, GCEDC excited about project for tenants to 'live, work and play'
• Ellicott Station is going up, city leaders ask for income levels to do likewise
• Lottery drawing selects 55 tenants for Ellicott Station, Savarino says
• One woman's dream comes true as first one chosen for Ellicott Station
• Savarino Companies going out of business, leave Ellicott Station up in the air

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