batavia

Yes, the Ellicott Station project is proceeding slowly, but it is proceeding.

Last night, Savarino Companies sought County Planning backing for a special use and site plan review, two formalities before they can start construction on the mixed-use complex that will include a brewery, apartments and office space.

"This might be one of the more complicated projects I ever work on in my lifetime because New Market Tax Credits are involved and the New Markets just haven’t really been paired with HCR money before," said Courtney Cox, development associate with Savarino. "We might be like the second case ever, so the legal teams are just trying to figure out how they want to make this work."

The New Market Tax credit is a mechanism that enables Savarino to secure private financial support for a bulk of the project's $17.6 million price tag. The New Market Tax Credit program, was created about two decades ago, in part to replace grants that financed many failed urban renewal programs. Tax credits on the project can be sold as assets to help create a market-driven way to encourage development in economically distressed neighborhoods. 

HCR is Homes and Community Renewal, a state agency that provides funding for housing in financially depressed neighborhoods.

These two financial programs are not commonly brought together and they have different criteria that developers must meet. HCR has a 30-year compliance period and New Markets has a seven-year period with a requirement to refinance after seven years, as one example of the complications that need to be worked out.

Still, Cox still estimates financing will close in this month or nextl, thereby allowing contractors to get a shovel in the ground before the first freeze. If crews can get the site cleared and foundations built before winter, then workers can put up steel and start working on walls.

The entire construction cycle, however, is estimated to be 24 months.

Despite these delays, the anchor tenant, Resurgence Brewing in Buffalo is patient, Cox said.

"They understand," he said. "We renegotiated some of the terms of the lease pretty easily between the two parties, so they're are hanging in there."

One of the biggest changes in the site plan is the apartment complex, which will now include 55 apartment units instead of 51.

That's a change needed to comply with HCR requirements.

"These programs all have design guidelines," Cox said. "There is a limit on how large one-bedroom, two-bedroom, three-bedroom units can be. In the original plan, the one-bedroom units were larger than what they allow, so we had to downsize."

The one-bedroom apartments will be about 785 square feet.

"They’re not tiny units by any means," Cox said. "I think it's just being efficient with space that public money is being invested into."

Even though no ground has been broken yet, Rachel Tabelski, director of the Batavia Development Corp., said Ellicott Station remains one of the state's ground-breaking projects.

"This is the first brownfield opportunity area -- they have these all over the state -- but this is the first one that is actually close to putting a shovel in the ground," Tabelski said. "So across the state, we are the poster child for having a developer come in and commit to this site and prove that the brownfield opportunity area works."

The success in getting the project this far has put Batavia on the map with investors looking to finance similar projects.

"This project is a catalyst," Tabelski said. "Everybody wants to know what’s going on. They’re calling us out of Manhattan now asking are there deals here they can play. That’s a huge testament to how big this is."

Plush Dozier, AKA Plush Kevin Dozier, is indicted for the crime of first-degree arson, a Class A-1 felony. It is alleged that on the night of June 15 or the early morning of June 16 that he intentionally damaged a building -- a residence on Maple Street in the City of Batavia -- by causing a fire. This fire caused serious physical injury to another person, who was present and not a participant in the crime, and the defendant allegedly knew the person's presence inside the residence was a reasonable possibility. In count two, Dozier is accused of second-degree attempted murder, a Class B felony. It is alleged in count two that at the time of the crime, Dozier acted with intent to commit murder in the second degree -- to intentionally cause the death of another person -- and engaged in conduct to that end.

Torrence C. Greene is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 2 in the City of Batavia that Greene knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine that had an aggregate weight of one-half ounce or more.

Michael J. Mawn is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 14 in the Town of Stafford that Mawn drove a 2000 Jeep Cherokee on Route 33 knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he did so while under the influence of alcohol. In count two, he is accused of DWI, as a misdemeanor, for allegedly driving while intoxicated on that day. In count three, Mawn is accused of driving while ability impaired by alcohol for allegedly driving that day while his ability to do so was impaired by the consumption of alcohol. In count four, he is accused of speeding, a vehicle and traffic law infraction, for allegedly driving in excess of the 55-mph speed limit. In Special Information filed by the District Attorney's Office, Mawn is accused of having been convicted of DWI, as a misdemeanor, on Jan. 7, 2005, in Monroe County Court and that conviction forms the basis for the suspended or revoked license referred to in count one. It further states that Mawn knew or should have known that his license was revoked because of the conviction and the revocation was still in effect when he committed the crimes alleged in the current indictment.

Gary D. Burney is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Burney was released from custody or allowed to remain at liberty by court order, either upon bail or his own recognizance, upon condition he would subsequently personally appear in Genesee County Court in connection with a felony charge against him. He failed to appear on Jan. 9 or voluntarily within 30 days thereafter, hence the indictment.

A dog was reportedly stuck under the foundation of a house at 3810 Pike Road, Batavia.

Town of Batavia fire responded and the dog was just extricated.

Apparently, some ground gave way near the foundation.

Animal Control was also dispatched.

Press release:

As part of the last concert, Dave Lumberg, owner of Tim Hortons, of Batavia, received the annual Pam Frisby Friend of the Band Award.  Pam was a longtime board member and president for the Batavia Concert Band, and the Band honors her memory every year with a Friend of the Band Award. 

Tim Hortons was recognized for their generous donation each season of baked goods for the concession stand, of which the proceeds are used to fund a scholarship program for college students who play in the Batavia Concert Band. 

Pictured is Dave Lumberg, a Tim Hortons Batavia franchise owner, Anne Arent, BCB Board member, and Jason Smith, BCB general manager.

Tim Hortons received a certificate for display in their restaurant, and their name will be engraved on a special plaque displayed at every concert. Tim Hortons also donated the prize award back to the Batavia Concert Band.

The Band also thanks GO ART!, WBTA, the City of Batavia, and Genesee Community College for their support of our entire season, as well as the following concert sponsors: The Zehler Family, Rotary Club of Batavia, HE Turner & Company Funeral Home, Batavia Lions Club, Bailey Electric, GCASA, The Insurance Center, UMMC, friends of Neil Hartwick, the Pacino family, Michael Kubinec D.D.S., and Brighton Securities.  

Thank you to all our audience members who faithfully attended each week, and plans are already underway for the 2019 season!

NOTE: While ordering online, add coupon code: Batavian

Thirty years ago, Kathy Ferrara walked into Pontillo's thinking she was just taking a job to help her get through college at GCC.

She never left.

Today she is the owner of the successor to Pontillo's, Batavia's Original.

On Wednesday, she celebrated that 30th anniversary with friends, customers and employees.

"I loved it from day one," Ferrara said. "I look back and I wouldn’t have changed any of it. It was a great environment. I made lots of friends through customers, employees, hundreds of friendships."

Now, she says, she's just doing what she was taught by the Pontillos to do -- take care of employees and serve the community.

"I have pride and it’s humbling, both at the same time — to carry on the tradition of hiring students, college students and high school students, and watching them come through and seeing them make friendships here, just like I had when I was starting out."

Paul David Hussey, 63, of Highway 13, South Hurricane Mills, Tenn., is charged with four counts of attempted assault with a dangerous instrument, 1st, four counts of reckless endangerment, criminal possession of a controlled substance, and driving while ability impaired by drugs. Hussey is accused of attempting to run over patrons of the Northgate Free Methodist Church, 8160 Bank Street Road, Batavia, at 6:59 p.m. Wednesday. He was allegedly found in possession of methamphetamine. He was jailed on $25,000 bail, $50,000 bond.

Joseph T. Sieg, 23, of French Road, Depew, is charged with menacing, 2nd, DWI, aggravated unlicensed operation, leaving the scene of a property damage accident, and driving without inspection. Sieg allegedly threatened four people by displaying a knife during a disturbance on Telephone Road, Pavilion, at 9:28 p.m. Wednesday.

A bicyclist has been struck by a vehicle on West Main Street by the Post Office in Batavia.

No word on injuries.

City fire and Mercy EMS dispatched.

Patrick Allen Thompson, 36, of Gabbey Road, Pembroke, is charged with third-degree assault, endangering the welfare of a child, and third-degree menacing. He was arrested following a domestic incident at an upper apartment on Gabbey Road in Pembroke at 9:53 p.m. on Aug. 5. Thompson allegedly assaulted another party, thereby endangering the welfare of the pregnant victim's unborn child. He also allegedly menaced the same victim by making a threat and following it up with physical injury. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail or $20,000 bond. He is due in Town of Pembroke court at 4:30 p.m. on Tuesday, Aug. 14. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Michael Lute.

Stephanie M. Burmeier, 33, of Payne Avenue, North Tonawanda, is charged with petit larceny and second-degree harassment. She was arrested at 6:10 p.m. on Alleghany Road in Darien after allegedly stealing merchandise from a souvenir shop inside Darien Lake Theme Park and Resort, then kicking one of the security officers who was attempting to detain her. The case was handled by Genesee County Sheriff's Deputy James Stack.

Minnie M. Henry, 30, of Central Avenue, Batavia was arrested on Aug. 6 on a bench warrant out of Batavia City Court. On Aug. 6, Batavia PD responded to 41 Central Ave. for an open 9-1-1 (hang-up) call and the defendant was subsequently arrested on the bench warrant. She is now charged with resisting arrest because she allegedly physically resisted police efforts to arrest her on the bench warrant. The defendant was jailed on $5,000 cash or bond. Henry is due in court on Thursday (Aug. 9). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Noel Marie Wentworth, 49, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 12:56 p.m. on Aug. 5 at Tops Friendly Market on West Main Street in Batavia after Tops' loss prevention personnel observed her allegedly stealing over-the-counter medication. She was issued a computer-generated appearance ticket and is due in Batavia City Court on Aug. 14. The case was handled by Batavia Police Det. Eric Hill.

A tractor-trailer rollover accident, believed to be with no injuries, is reported in the area of mile marker 383 in the westbound lane of the Thruway.

Le Roy Fire and Mercy EMS responding.

UPDATE 2:17 p.m.: A Le Roy chief has canceled the Le Roy assignment. "The trooper doesn't want us out here."  He also wanted dispatch to document the trooper refusing fire department assistance.

A railroad tie fire is reported east of Donahue Road, Batavia.

Town of Batavia fire dispatched.

The caller is unsure of exact location. "It is by the water."

Train traffic is being shut down in both directions.

UPDATE 5:17 p.m.: The location is a half mile east of Donahue Road. A chief on scene says Engine 23 can respond non-emergency.

UPDATE 5:20 p.m.: A chief advises dispatch to contact CSX and notify the company that they might want to inspect the tie. "It's been burning for quite awhile."

Alejandro Chaparro, 53, of Braley Road, Ransomville, is charged with two counts of endangering the welfare of a child and two counts of second-degree harassment. At 9:29 p.m. on Aug. 4, following an investigation into a harassment complaint, Chaparro was arrested on Main Street Road in Batavia. He allegedly pushed and followed an 11-year-old girl and a 9-year-old girl. He was arraigned in Town of Batavia Court and is due back there on Aug. 27. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Paul R. Hogle, 53, of Vallence Road, Le Roy, was arrested on Aug. 2 by Le Roy Police Department and charged with one count of stalking in the fourth degree, a Class B misdemeanor, and one count of forcible touching, a Class A misdemeanor. Hogle was arrested after a complaint was received by the Le Roy Police Department that he had allegedly placed a GPS locating device on the victim’s vehicle and used it to find them at a later time. It is also alleged that Hogle had unwanted contact with the victim. Hogle was arraigned in the Town of Stafford Court and was turned over to the Genesee County Jail in lieu of $500 bail. Hogle was subsequently arrested on Aug. 3 for criminal contempt in the second degree, a Class A misdemeanor. On Aug. 3, Hogle allagedly violated a court order, ordering him to stay away from the protected party. It is alleged that on that date, knowing said order was in place, that Hogle made contact with the protected party. Hogle was arraigned again arraigned in the Town of Stafford Court and jailed in lieu of $10,000 bail. Hogle is to return to the Le Roy Town Court on Aug. 13 to answer all charges.

Jennifer Nichole Wenner, 31, of Wood Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent or more; consuming alcohol in a motor vehicle; obstructed view; disorderly conduct -- urinating in a public place. Wenner was arrested at 1:58 a.m. on West Main Street in Batavia after an investigation into a disturbance at a gas station. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Officer Peter Flanagan.

Vincent M. Eschenlauer, 27, of Bank Street, Batavia, is charged with: driving while ability impaired -- combined influence of drugs or alcohol/drugs; leaving the scene of a property damage accident; moving from lane unsafely; driving a motor vehicle on or across a sidewalk; operating a motor vehicle on a public highway while using a mobile phone. The defendant was arrested after he allegedly fled the scene of a one-car collision on Route 63 at Jackson Street in the city at 7:09 p.m. on July 30. He is due in City Court on Aug. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Michael John Reeves, 39, of Military Road, Tonawanda, is charged with: aggravated unlicensed operation in the first degree; two counts of DWI; operating a motor vehicle with headlights; and uninspected motor vehicle. Reeves was stopped at 12:28 a.m. on Aug. 4 on Route 77 in Pembroke for allegedly operating a motor vehicle without headlights. Reeves was issued appearance tickets to answer the charges and is due in Pembroke Town Court on Aug. 28. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Deputy Eric Meyer.

Patrick D. Powell, 32, of Manor Park, Rochester, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; inadequate exhaust; drinking alcohol in motor vehicle on a highway. At 1 p.m. on Aug. 3, following a traffic stop on Richmond Avenue in the City of Batavia, Powell was arrested on the charges. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sharon Yvonne Sharman, 47, of Seven Springs Road, Batavia, is charged with driving while intoxicated and DWI -- operating a motor vehicle with a BAC of .08 percent or higher. Sharman was arrested following an investigation into a domestic incident on Seven Springs Road at 3:12 a.m. on Aug. 4. She was issued an appearance ticket for Sept. 20 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy James Stack.

Aerielle Susan Davis, 29, of West Main Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 pr more. She was arrested at 1:47 a.m. on Aug. 4 on West Main Street in Corfu following an investigation of a woman asleep at the wheel of a running vehicle in the village. She was issued an appearance ticket for Village of Corfu Court and is due there Aug. 20. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Erik Andre.

Dalton C. Kelly, 20, of Chase Park, Batavia, is charged with fourth-degree criminal mischief and second-degree harassment. Kelly was arrested at 5:40 p.m. on July 30 in Batavia after a report of a male out of control who damaged property. He was scheduled to appear in court July 31. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Kevin DeFelice.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with second-degree criminal contempt. He was arrested 7:45 p.m. on July 24 on Watson Street in the City of Batavia after he allegedly made threats toward a person protected by a stay-away court order against Nathan. He is due in City Court on Aug. 14. The case was handled by Batavia Police Officer Jamie Givens.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 10:19 p.m. on Aug. 3 on Walnut Street in Batavia after allegedly violating an order of protection during a domestic incident. He was arraigned in City Court and released on his own recognizance. He was due back in City Court today (Aug. 6). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Barbra Ann Nehl, 75, of West Main Street, Corfu, is charged with petit larceny. She was arrested at 4:52 p.m. on Aug. 5 at a retail store on Route 77 in the Town of Pembroke. She allegedly stole $37.70 worth of merchandise without paying and by passing all points of purchase. She was released on an appearance ticket and is due in Town of Pembroke Court on Aug. 23. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Michael L. Jackson Jr., of Maple Street, Batavia, is charged with petit larceny. He was arrested at 4:13 p.m. on July 27 on West Main Street in Batavia after he allegedly stole items from a grocery store. He is due in City Court on July 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Dustin Wayne Bogue, 36, no permanent address, is charged with petit larceny. Bogue was arrested at 1:41 a.m. on West Main Street in Batavia after it was alleged that he entered a convenience store and stole property. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Peter Flanagan.

Taylor L. Finnin, 25, of 131 S. Swan St., Batavia, is charged with trespass. The defendant was arrested at 5:30 p.m. on July 29 on South Main Street in Batavia after he allegedly trespassed at a residence after being told he was not allowed there. He is due in City Court tomorrow (Aug. 7). The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Shane Eugene Dann, 41, of Swan Street, Batavia, was arrested Aug. 1 on a bench warrant issued by Batavia City Court. The warrant was issued after Dann failed to appear for a scheduled court appearance in regard to an incident that occurred on Feb. 18. The case was handled by Batavia Police Officer Lindsay Christopher, assisted by Officer Arick Perkins.

A 16-year-old female who lives on Astor Ridge Road in Amherst is charged with DWI-drugs and unsafe backing. She was arrested at 11:21 a.m. on Aug. 5 on Alleghany Road in Corfu after an investigation into a property damage accident at Crosby's convenience store. She was issued an appearance ticker for Corfu Village Court and is due there on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

A 17-year-old female who lives on West Utica Street, Buffalo, is charged with unlawful possession of marijuana. She was arrested at 11:30 a.m. on Aug. 5 on Alleghany Road in Corfu. She was allegedly found in possession of a small amount of marijuana during a DWI -- drug arrest. She was issued an appearance ticket for Corfu Village Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.