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Football Preview: Blue Devils hunting more Ws in 2014

By Howard B. Owens

Coming into his third year as Batavia's head football coach, Brennan Briggs said both he and his players approach the 2014 season with some optimism.

There are seven returning starters on both sides of the ball, QB comes into his junior season as a second-year starter and there should be some other weapons on offense to help put points on the board.

"Overall the kids' attitude is very good," Briggs said. "They're excited coming into this season. They know they can win some ball games."

Joining Mruczek in the backfield will be a "committee" of runners.

"We've got some thunder and we've got some lightning back there," Briggs said.

During the off season, Mruczek has put the time in to make himself better, according to Briggs. He's studied film and schemes and really picked his brain to understand what it takes to run the offense.

"He's really been doing a great job for us. Great attitude, great commitment."

The coach said returning players who also seem ready to step up their game include Devon Koepp, Gunner Rapone and James Cryer.

Several sophomores who were part of the varsity last year are ready to assume bigger roles in 2014.

The Blue Devils are coming off of two consecutive 3-5 seasons.

Overall, the Briggs era continues to move forward as he works to shape the program according to his vision. 

"One of biggest things, coming into a program and kind of making it your own is setting that bar, setting the expectations of where you want it to be, so the kids understand exactly what you want  from them," Briggs said. "I think we're getting to that point where the kids understand what's expected of them every single day. They understand what kind of effort I'm asking from them."

The first game is Sept. 5, 7:30 p.m., at Livonia. The first home game is Sept. 12, 7 p.m., against Wellsville.

Law and Order: Le Roy man accused of string of abuse against former live-in girlfriend

By Howard B. Owens
Philip Adams

Philip L. Adams, 34, of 6580 Randall Road, Le Roy, is charged with stalking, 1st, criminal possession of a weapon, 3rd, assault, 2nd, aggravated family offense and assault, 3rd. Adams was arrested following an investigation into complaints by a former live-in girlfriend that between December 2013 and May 2014 that Adams abused her. Adams allegedly pushed her onto hard pavement causing an injury (bruising on her arm), struck her in the face with a detachable shower head causing injury (bruising around her eye), sprayed her with a flammable liquid and threatened to light her on fire, and threatened to stick a lit cigarette in her eye. Adams was jailed on $10,000 bail.

Jennifer A. Wilsey, 34, of Canastota, is charged with criminal impersonation, aggravated unlicensed operation, 3rd, and uninspected motor vehicle. Wilsey is accused of providing troopers with a wrong name and date of birth during a traffic stop on Route 77, Pembroke. Wilsey reportedly believed there may have been a warrant for her arrest. She was jailed on $2,500 bail.

Daniel E. Gorrow, 19, of Gilbert Street, Le Roy, is charged with unlawful possession of marijuana. Gorrow was charged following a traffic stop by Le Roy PD.

Taylor D. Saulsbury, 19, of Lake Street, Le Roy, and Henri E. Wilcox, 29, of North Main Street, Warsaw, are charged with unlawful possession of marijuana. Saulsbury and Wilcox were charged following a traffic stop by Le Roy PD.

James Michael Gallo, 24, of Coshway Place, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Gallo was arrested by Deputy Joseph Corona following an investigation into an altercation reported at 12:16 a.m. Sunday at 9993 Alleghany Road, Darien.

Steven Richard Lebo, 31, of Quincy Alley, Kearny, N.J., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and moving from lane unsafely. Lebo was arrested by Deputy Joseph Corona following a report at 9:48 p.m. Saturday of a vehicle that left the roadway at 9993 Alleghany Road, Darien.

Nancy Alice Shruefer, 52, of Clover Place, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Shruefer was found in a disabled vehicle on Route 77 near Darien Lake at 1:10 a.m. Sunday by Deputy Andrew Hale.

Melissa Grace Betances, 33, of Clinton Street, Batavia, is charged with a violation of probation. Betances was jailed on $15,000 bail.

Caitlin A. Hanley, 25, of East Main Street, Batavia, is charged with endangering the welfare of a child. Hanley is accused of being involved in a domestic incident on Aug. 9.

Ronald Baltasar Gonzalez, 29, of Spencer Court, Batavia, is charged with criminal possession of a weapon, 4th. Following an investigation into firearms that were turned into Batavia PD, Gonzalez was charged with illegal possession of firearms.

Randy Gene Leach II, 28, of Torrey Road, Stafford, is charged with failure to pay fine. Leach was arrested on a warrant. He posted $250 bail and was released.

Laura C. Mazenga, 21, of Malling Drive, Rochester, is charged with trespass, petit larceny, resisting arrest and criminal possession of stolen property, 5th. Mazenga was allegedly seen rummaging through a vehicle on Woodrow Road at 2:26 a.m. Friday. When police approached, she allegedly fled and resisted arrest. She allegedly possessed property stolen from the vehicle.

Mowing accident, rider with minor injuries, on Rose near Wortendyke

By Billie Owens

A town tractor that was mowing rolled over into a ditch on Rose Road near Wortendyke Road. The rider has minor injuries. The tractor was, or is, smoking. East Pembroke and Town of Batavia fire departments are responding along with Mercy medics.

UPDATE 1:24 p.m.: A responder reports the tractor is no longer smoking and the rider is up and walking around.

UPDATE 1:26 p.m.: Mutual aid from Town of Batavia is cancelled.

UPDATE 1:46 p.m.: The East Pembroke assignment is back in service. The rider was transported to UMMC.

UPDATE 2:16 p.m.: Law enforcement at the scene reports the tractor has been removed from the roadway.

ATV accident reported in East Pembroke

By Howard B. Owens

An ATV accident with multiple people injured is reported in the area of 2069 Main Road, East Pembroke.

East Pembroke fire and Mercy EMS dispatched.

Three or four people are injured, with a possible serious injury.

Mercy Flight being put on standby.

UPDATE 11:21 p.m.: Town of Batavia fire requested to the scene to set up a landing zone for Mercy Flight at Pembroke Primary School.

UPDATE 12:45 a.m.: There are two confirmed injuries. A female passenger was transported to ECMC by Mercy Flight. A driver was taken to ECMC by Mercy EMS. Sgt. Eric Seppala said there may have been a second ATV involved in the accident. The second ATV left the scene prior to law enforcement arriving. It's unknown if anybody on that ATV was injured. It's unclear at this point what happened, though it appears the ATVs were on the roadway. The investigation is continuing. Anybody with information that may assist in the investigation are asked to call the Sheriff's Office at (585) 343-5000. 

UPDATE Monday morning: A press release from the Sheriff's Office states that two four-wheel ATVs collided. Both ATVs had a driver and passenger. The driver and passenger of the second ATV were taken by private vehicle to UMMC and later transfered to ECMC for treatment. No names were released. The investigation is ongoing and charges are pending.

Alleged drunken driver hits car on South Main, attempts to flee in damaged truck

By Howard B. Owens

A family enjoying a gathering on South Main Street, Batavia had their evening spoiled by an alleged drunken driver who rammed into one family member's car and, according to witnesses, came darn close to killing another family member.

The incident occurred around 6:40 p.m.

The alleged drunken driver was westbound on South Main when his truck veered to the opposite side of the road and struck a parked car, badly damaging it.

About 50 members of Mark Fanara's family were in a tent at the side of his father's house on South Main when they heard the boom, Fanara said. They all rushed to the street and Fanara said he saw a truck rolling away from the car that was hit.

Then the driver hit the gas, he said, even though a front tire was completely bent to the side.

Fanara's aunt's car was parked behind the car that was struck. She had just gone to her car to get some money out of her purse and was at the driver's side door, bent over, at the time of the accident.

"If that car wasn't there (the one that was hit) he very easily could have struck my aunt," Fanara said. "It had to be only feet from here."

Fanara's brother -- it was his wife's car that was hit -- jumped in his car and followed the suspect vehicle on Dewey, through Birchwood, over to the car wash on South Pearl, where the driver parked his truck and began ditching items in his car. He also tried removing the license plates from his truck. He put on a sweatshirt with a hoodie.

When police arrived, he tried to flee on foot, but didn't get far.

Taken into custody was Bradley Howard, 23, of Mayville. He was charged with DWI, aggravated unlicensed operation and unlawful possession of a hypodermic instrument, said Officer Chad Richards, along with 10 other charges.

A woman was in the truck at the time of the accident and she returned to the scene and gave officers a statement, Richards said.

Howard has a job locally, which is apparently why he was in Batavia, Richards said.

Among the items Howard allegedly discarded was a hypodermic needle, but no other contraband was recovered, Richards said.

"Several people were right there and called it right in," Richards said. "We had an overabundant number of witnesses, so it was easy to locate the subject."

Photos: Summer in the City rocks on despite cloud cover and cool temperatures

By Howard B. Owens

It was more like Autumn in the City than Summer in the City, but that didn't stop people from coming out, having a good time and enjoying the sights, sounds and tastes of Batavia's premier summer event.

Terry Buchwald as Elvis was as entertaining as ever and the classic cars still managed to shine.

We didn't have a winner in our $100 T-shirt giveaway, but I did hand out five Dave's Ice Cream gift cards to fans of The Batavian.

Here's something I didn't know until a couple of days ago: Daily News photographer Mark Gutman restores classic VW buses. He had one of his buses (from 1960) at the car cruise yesterday.

 

To purchase prints, click here.

 

Baxter is Genesee County's Top Dog

By Howard B. Owens

When Baxter speaks he doesn't just say "woof." He says, "I love you." That made him Genesee County's Top Dog in the first-ever video dog trick contest sponsored by The Batavian and WBTA.

Baxter is owned by Joyce Zaremski

Here's Baxter's winning video.

Two Batavians among winners at Erie County Fair Poultry Show

By Billie Owens

The results are in for the Erie County Fair Poultry winners, two of whom are from Genesee County. The show was held Thursday in Hamburg and featured 21 exhibitors showing more than 260 birds.

They are:

Kelsey Ferguson, Batavia -- Best in Heavy Weight Ducks

                                               Best in Medium Weight Ducks

                                               Best in Heavy Weight Geese

                                               Best in Light Weight Geese

                                               Reserve Grand Champion Waterfowl

                                               Grand Champion Goose    

Jackie Ferguson, Batavia -- Best in Medium Weight Geese

Police respond to teens fighting on Jackson Street about Facebook comments

By Billie Owens

Police responded to a report about 20 minutes ago of fighting on Jackson Street. Police Sgt. Chris Camp told Howard at the scene that two teens met there to fight over something posted on Facebook and they brought some backup and some others also showed up. The initial caller said about 20 youths were involved, but Camp said the total "was nothing like that."

Although one person was handcuffed at some point, no one is believed to have been arrested. The fracas has broken up and police are back in service.

CORRECTION: South Jackson, not Jackson.

Photos: Prepping for Summer in the City

By Howard B. Owens

Preperations are under way for tomorrows Summer in the City in Downtown Batavia.

The event runs from 11 a.m. to 9 p.m. and includes live music, food, vendors and classic cars.

Come on out, have some fun, and wear your T-shirt from The Batavian.

Photographer Amanda Earl captured some shots late this afternoon of the BID's Don Burkel, Laurie Oltramari and Jeff Gillard as they marked off vendor booth space on Main Street.

Photos: City fire training for rope rescues

By Howard B. Owens

City firefighters were on the hill of South Jackson Street, near the railroad tracks, this morning for training with rope rescue techniques.

Law and Order: Traffic stop in Corfu yields drug-related arrest

By Howard B. Owens

John E. Sackett, 48, of 81 Falmouth St, Rochester, is charged with aggravated unlicensed operation, 2nd, unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Sackett was stopped for allegedly speeding in the Village of Corfu by Officer Mike Petritz. Sackett was allegedly going 48 in a 35-mph zone and found to have 16 suspensions on his license. He was allegedly found with a small quantity of marijuana and a small baggie containing cocaine residue. Sackett was jailed on $1,000 bail or $1,000 bond.

Thomas James Rose, 18, of Ford Road, Elba, is charged with driving while impaired by drugs and unlawful possession of marijuana. Rose was arrested following an investigation into a personal injury accident off a driveway on Valle Drive, Batavia, at 6:45 p.m. Aug. 3. The accident was investigated by Deputy James Diehl.

William Leslie Casinett II, 32, of Frontier Avenue, Niagara Falls, is charged with assault, 3rd. Casinett allegedly punched another person in the face causing physical injury at 9:30 p.m. July 29 while at the Darien Lakes Performing Arts Center.

Kirk Andrew Frye, 25, of South Swan Street, Batavia, is charged with petit larceny. Frye is accused of shoplifting at Walmart.

Kevin Albert Roberts, 23, of Riverstone Parkway, Canton, Ga., was arrested on warrants alleging criminal mischief, 3rd, petit larceny and unlawful possession of marijuana. Roberts was arrested in Georgia as a fugitive from justice and returned to Genesee County. He was arraigned in Town of Batavia Court and jailed without bail.

Stephen K. Mullen, 25, of Silver Springs, is charged with unlawful possession of marijuana. Mullen was stopped by State Police at 2 a.m. Aug. 5 on Route 5, Stafford. No further details released.

Jacob R. Reinhardt, 51, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Reinhardt was stopped by State Police on Colby Road, Darien, at 10:36 a.m. Wednesday.

Steven P. Tubinis, 42, of Niagara Falls, is charged with felony DWI and felony driving with a BAC of .08 or greater. Tubinis was stopped at 10:15 p.m. Wednesday on Colby Road, Darien, by State Police.

Simmons found guilty of the Park Avenue burglary

By Julia Ferrini

Though staunch in his defense of Akeem Simmons, Defense Attorney Thomas Burns failed to create reasonable doubt in the minds of the 12 jurors tasked with hearing the case. Simmons was found guilty today on all three counts for which he was being tried.

The 23-year-old Batavia resident was found guilty of burglary in the first degree, a class B violent felony; criminal use of a firearm in the first degree; and conspiracy in the fourth degree. While Burns made a valiant attempt to poke holes in the prosecution's witness testimonies, the jury was not swayed in his client's favor.

"There is an irony that stands out," Burns said during closing arguments, "when you count the number of law enforcement that (18-year-old Nathaniel) Davis met, even before the trial, that he lied to about the events of that day (January 14, 2014).

"He came in, laid his hand on the Bible and swore to tell the truth and he lied," Burns continued.

Davis is also accused of first-degree burglary, and fourth-degree conspiracy. The Davis case is still pending.

Burns also noted that, according to Davis, there are lies, and then there are justifiable lies. 

Reasonable doubt and the lack of quality evidence were the key points in the defense attorney's closing argument. According to the defense, Davis himself admitted to breaking into the home on Park Avenue. Additionally, when Davis was nabbed by police, he was found carrying a loaded gun. Furthermore, Burns painted the investigation by police as somewhat lackadaisical.

"Did you (jury) hear any testimony about the house being searched for evidence?" Burns queried. "It was January in New York; where are the footprints? Was anything observed in the house?"

Burns also pointed out that there was no evidence that linked his client to the gun or the screwdriver used in the crime.

District Attorney Lawrence Friedman countered with a recap of witness testimony. He stated that Simmons was seen with what looked like the grip of a gun, prior to the crime. 

The focus of the evidence has been on the flight from the area -- the path that ran along the back of the Park Avenue house to St. Paul's Church, Burns argued. He also stated that police K-9 Pharoah detected a strong scent that led the animal and handler, Deputy Brian Thompson, to the porch where Simmons was hiding.

Burns contended Simmons ran because of his knowledge of a warrant issued against him for a parole violation. Friedman continued reminding the jury that the trial was not about a parole violation, it was about placing Simmons at the scene of the crime and committing burglary. 

Conversely, when a search warrant was issued for Davis's phone, investigators found Simmons' number in Davis's list of contacts.

"There were no text messages or calls between Simmons and Davis," Burns said. "There was no communication between them on the phone at all. Not knowing about the phone records is a quality-of-evidence issue."

In the defense's pursuit to rebuke Friedman's witness testimony, Burns questioned a witness account of the events on the day of the burglary. He noted that her initial testimony indicated that only one person entered the Park Avenue home, and she was "pretty sure" they were black and about 5'7" or 5'8". The prosecution recalled the witness after the lunch break, whereupon she recanted her earlier testimony, and stated she saw two men enter and exit the house which is what she said in the call to 9-1-1 on Jan. 14.

Returning to Davis's testimony, Burns stated that even when Davis tried to put Simmons in the house, he still couldn't get his story straight. He contended that Davis said he lied because he was intimidated by Simmons; that he was afraid of what Simmons would do -- thus stated after notes were found where Simmons is said to have written that he "had a man killed in Elmira." The prosecution also made reference to said notes, but stated that Simmons' threat is indicative of consciousness of guilt.

Burns asked the jurors to consider Davis's demeanor on the stand, his lifestyle, his conflicting explanations, and how he justifies his lies; this goes to show a person's moral fiber. Drumming the idea into jurors' heads that Simmons only ran because of the parole warrant and Davis is a "scary pathological liar," he finalized his argument reminding jurors to follow the law as instructed by the court.

"If you have any doubt about Davis," Burns said. "Then you have reasonable doubt about Simmons' guilt.

"You're not being asked if he (Simmons) is a good or bad person or that he violated parole," Burns continued. "You are asked to determine if the district attorney proved beyond a reasonable doubt to my client's innocence."

"Judge (Robert) Noonan will tell you that the verdict is based on evidence, not speculation," Friedman said. "The evidence presented proves this beyond a reasonable doubt."

Speaking of the decision to use Davis's testimony, Friedman enlightened the jurors that a case can not be built solely on an accomplice's testimony -- corroborating evidence is also needed.

"You got that many times over in this case," Friedman said. "Don't get hung up solely on Davis's testimony. Look at all the evidence."

Friedman also refuted the idea that Davis received a deal for his willingness to testify. According to the D.A., they didn't need his testimony to prove the guilt of Simmons.

"Davis lied because he knew Simmons was a gang member," Friedman said. "That's why Davis wasn't willing at first to finger Simmons. 

"What does Davis have to gain by testifying against Simmons?" Friedman retorted.

Friedman inferred that if it wasn't enough that Simmons was a gang member and carries a gun, it was also intimidating when threatening notes were passed to Davis in the Genesee County Jail. Conversely, Simmons was said to have given Davis the idea that breaking into the house on Park Avenue was a way to get money because the homeowner was a drug dealer.

"Upon investigation, it was obvious that the homeowner was not selling drugs out of his home as Simmons indicated to Davis," the D.A. said.

The prosecution also questioned Simmons' honesty when he denied knowing Davis, yet Davis had his phone number in the contacts of his cell phone. Furthermore, when Simmons was questioned, he said a "kid" was involved in the burglary, however, police never stated the age of the subject. 

Simmons also admitted to wearing the clothes that witnesses said the men leaving the house were wearing, yet when he was found, Deputy Thompson witnessed Simmons pushing similar clothing away from him.

Additionally, Simmons puts himself on the path, going in the direction of the church, on the date and time the crime was committed. He even went so far as telling officers that he "saw two dudes in black running on the path."

"Think of the evidence the police had prior to Davis's testimony," Friedman said. "Using common sense, you (jury) will find that Simmons' innocence was proven wrong, therefore you must return a verdict of guilty."

Simmons is held without bail at the Genesee County Jail. He is scheduled for sentencing Sept.15 at 9:30 a.m..

New owners, employees, community leaders celebrate the saving of a Batavia institution

By Howard B. Owens

The employees are happy. Local officials are happy. Pete and Andy are happy. Everybody's happy.

Even the costume designers for the hit HBO series Empire Boardwalk are happy (at least we assume so -- they'll still be able to order p.w. minor shoes for the show).

A Batavia institution, along with 70 local jobs were saved by two local businessmen. Today, speaker after speaker praised Pete Zeliff and Andrew Young for stepping forward just a month ago when they heard the 150-year-old shoe company was closing to buy it and keep it going.

Zeliff and Young plan to do more than just keep the doors open. They vow to expand the business and create more jobs in Batavia.

"The struggles of this company are over," Young said. "We're going to make it work, OK. Once again, we'll make this company the epitome of 'Made in America.' "

They've gotten some help from Empire State Development to help make the purchase possible.

Regional Director Vincent Esposito announced ESD is making available $450,000 from the agency's Excelsior Jobs Program. To qualify, Zeliff and Young had to pledge to create jobs and make a significant capital investment in the company.

Young and Zeliff were also planning to apply for $269,000 in tax abatements from the Geness County Economic Development Center, but that application was tabled Monday on the advice of the agency's attorney.

The attorney is researching the matter further, according to Ray Cianfrini, chair of the Legislature as well as a GCEDC board member. But it appears that so long as Zeliff is a member of GCEDC board, p.w. minor can't receive assistance from GCEDC.

Zeliff has a big decision to make -- resign from the board and apply for the tax relief, or stay on the board and move p.w. minor forward without any further tax breaks.

Zeliff said he's made no decision yet and offered little insight into his thought process on the matter. He did note that serving on the GCEDC board is a volunteer position. Directors are not paid.

Former GCEDC Board Chairman Charlie Cook, CEO of Liberty Pumps, resigned from the board when it came time for his company to expand and Liberty applied for assistance from GCEDC.

Today, Cianfrini spoke at the press conference -- really a celebration -- at p.w. minor's facility on Treadeasy Way.

"Today is not only a great day for p.w. minor and all of its employees," Cianfrini said. "It's a great day for all of Genesee County. We need to recognize how fortunate we are to have people like Pete Zeliff and Andy Young, who are dedicated to economic development, here in Genesee County, who are willing to get personally involved in economic development."

City Councilman John Canale recalled touring the p.w. minor factory on State Street when he was a child, and talked about how he grew up with the company being an ever-present part of the community his entire life.

"p.w. minor is an icon," Canale said. "It's a Batavia institution. When I found out that institution would no longer be in business, I felt like I had just read the obituary of someone that I knew and loved in this community. Today makes it a very happy day, in that two guys with a bit of ambition and a whole lot of entrepreneurial spirit decided this institution needs to continue in this community."

After the speeches, attendees were invited on guided tours of the plant to see how shoes are made in Batavia.

A few lucky people even got to see the shoe sent to the costume designers of Boardwalk Empire.

With media around, a couple of employees demurred at being interviewed, and at one point, as a worker was surrounded by photographers, Young asked her, "are you mad at me (for bringing the media over)?" Another employee nearby spoke up, "How could we ever be mad at you? You saved us."

The average p.w. minor employee has been with company 24 years.  

Andrew Young and Pete Zeliff.

The style of shoe sent to the set of Boardwalk Empire.

UPDATE: After the jump, a press release from Gov. Cuomo.

Press release: 

Governor Andrew M. Cuomo today announced that p.w. minor, a manufacturer and international distributor of leather footwear and orthopedic products in Batavia, will remain open and retain more than 50 manufacturing jobs, as well as create 17 additional jobs.
 
p.w. minor was scheduled to close on July 31, but will instead remain open under new local ownership and management. 
 
“The new ownership of p.w. minor will keep an historic and valued company in Batavia, just where it belongs,” Governor Cuomo said. “Our top priority is not only to attract new businesses to New York, but also to ensure that the ones already here will be able to grow. I thank p.w. minor for making Western New York their home, and welcome their continued growth and success.”
 
The new owner of p.w. minor is Batavia Shoes LLC, headed by Andrew Young and Peter H. Zeliff.
 
p.w. minor, which was founded by two brothers in 1867 shortly after they returned from fighting in the Civil War, is one of a few remaining shoe manufacturers in the United States and the oldest company in Genesee County.
 
Andrew Young said, “Our goal is to not only keep the company open but to grow the business and create new jobs. We would not have been able to make this transaction without the assistance from Empire State Development. It’s just another example of the public and private sectors coming together to not only keep a homegrown company where it belongs, but also to create new jobs and economic development for the city and region.”
 
Peter H. Zeliff said, “Andrew and I are very committed to our community and this was an opportunity where we could team up and use our entrepreneurial skills to continue the operations of a manufacturing facility with extremely deep and historical roots in Batavia and Genesee County. We are confident that our business plan will create a new history for this iconic worldwide brand.”
 
Batavia Shoes LLC will be purchasing the assets of the company for $2.85 million. Empire State Development will provide up to $449,505 in performance-based Excelsior Job Program tax credits in return for the new owners’ job creation commitments.
 
Kenneth Adams, president, CEO and commissioner of Empire State Development, said, “New York State and two local investors stepped in to save p.w. minor and it’s the best possible outcome for the more than 50 employees who were set to lose their jobs. ‘Made in America’ products, like the handcrafted quality shoes made by p.w. minor employees for nearly 150 years, will continue to be a source of pride for Genesee County for years to come.”
 
Peter H. Zeliff is the senior executive vice president and chief operating officer of EIF Renewable Energy Holdings LLC, which wholly owns Innovative Energy Systems of Oakfield, New York, an independent developer and energy provider specializing in the recovery and utilization of landfill gas. He is a graduate of the Rochester Institute of Technology.
 
Andrew Young is founder and presently serves as president of The Young Group of Real Estate Companies. Young cofounded PakHound Parcel Logistics, a start-up company that was once named one of Western New York’s Fastest Growing Companies. He received the prestigious "Forty Under 40" award from both the Rochester Business Journal and Business First of Buffalo. Young also is a graduate of the Rochester Institute of Technology.
 
Senator Michael H. Ranzenhofer said, “p.w. minor's decision to continue doing business in the City of Batavia, as well as its commitment to retain 50 local jobs and create 17 more, is proof positive that Genesee County is a good place to operate a business. The opportunities for Genesee County residents continue to grow.”
 
Assemblyman Stephen Hawley said, “Locally owned businesses are the lifeblood of the Batavia and Genesee County economy. This announcement is great news for the employees of p.w. minor and their families. Genesee County is a great place to start and own a business, and I am thankful to Pete Zeliff and Andrew Young for re-energizing p.w. minor as an historic mainstay of our Western New York economy!”
 
Genesee County Chairman Raymond F. Cianfrini said, “Today is a great day for p.w. minor and its employees and a great day for Genesee County. Our thanks go out to Peter Zeliff and Andrew Young for saving this historic business on the brink of closure. We in Genesee County are fortunate to have these two individuals who are committed to economic development and who are willing to use their own money to help keep our county vibrant.”
 
City of Batavia Council President Brooks Hawley said, “p.w. minor has been an iconic company in Batavia for well over 100 years and it would have been a tremendous loss to see the business close its doors and lose good jobs in our community. Thanks to the Empire State Development for the State’s incentives and to the commitment of new, local owners, Andrew Young and Peter Zeliff, p.w. minor is opening its doors again and growing.”

Developer discusses pulling plug on senior housing project after GCEDC board blocks public funding

By Howard B. Owens

A company that was planning to build much needed middle-income senior housing in Genesee County is apparently ready to kill the project after the Genesee County Economic Development Center Board voted Tuesday to block the project from receiving financial aid.

A representative of Calamar, the senior housing developer, sent an e-mail to a county official yesterday that said without the more than $1.4 million in tax breaks Calamar was seeking, the project is not financially viable. 

A source provided The Batavian with a copy of the e-mail.

"We've been left with no options than to not proceed," wrote Jocelyn Bos, director of senior housing development for Calamar. "If we do not have an endorsement, I wouldn't be able to keep the rents affordable to the middle income senior group of Batavia." 

Asked by The Batavian for further comment and to confirm the contents of the e-mail, Bos backed off the not-proceeding statement.

Her entire statement:

First, I want to tell you how I have admired how your paper supports the seniors of all incomes in your community and just want to let you know that we are exploring our options regarding our proposed middle-income senior complex.

According to John Gerace, a real estate agent who assisted Calamar with locating the property on West Main Street Road for the project, Calamar officials spent much of yesterday discussing their options.

Among them, he said, is filing an Article 78 claim (essentially a lawsuit) against GCEDC.

The way Gerace sees it, middle-income housing for seniors is needed in Batavia; it's part of the county's master plan; it's an identified need in GCEDC's planning documents; and this is a commercial project just like any other, so it's eligible for assistance.

"I told them (the GCEDC board), 'you guys should be ashamed of yourselves because you know it's warranted and needed, so what you've done is just shut the door on any more senior housing in Genesee County,' " Gerace said.

Calamar was seeking $400,000 in sales tax and mortgage tax exemption and a $1 million PILOT, which exempts a property from additional property taxes on an increase in assessed value, graduated over 10 years.

The value of the developed property would have been at least $5 million, Gerace said, which would have meant an additional $175,000 in new local property tax revenue once the PILOT expired. 

Local residents selling their homes to move into the Calamar facility also would have generated new tax revenue, Gerace said.

Gerace worked as a secondary agent on the property sale, he said, and stood to get no more than a $4,000 commission on the $1 million sale of the property on West Main Street Road.

Ray Cianfrini, chairman of the County Legislature, and a GCEDC board member, said he voted against Calamar because he can't see authorizing spending $1.4 million in taxpayer money to create two jobs.

"We all agreed that it's a worthwhile project," Cianfrini said. "We all agree middle-income senior housing is needed. We agree with that, we just don't want to spend taxpayer money to do it. If the project doesn't go forward, I feel badly about that, but this was not a narrow vote."

Cianfrini said he also sees the Calamar project as competition for existing senior housing in the county -- housing that was built without taxpayer assistance.

Calamar would have been able to charge lower rents than some existing projects and that wouldn't be fair to the other developers, Cianfrini said.

The idea of competition is the key to the vote, Gerace said. More new housing in the county would mean more competition for Pete Zeliff and his Oakwood Estates project on the east side of town.

Zeliff, a newer member of the GCEDC board, is building single-family homes that would be marketed to upper-income professionals.

Gerace thinks that creates a conflict of interest for Zeliff and Cianfrini, who is the attorney for Zeliff on the project.

Cianfrini and Zeliff said both said don't see a conflict of interest. The two projects are completely different. They're aimed at different markets -- one is rental, the other is home ownership. Even if you factor in existing homes being vacated by seniors moving into the Calamar project, that's still a very different home buyer looking at those older homes than would consider something in Oakwood Estates.

Zeliff has not even approached the GCEDC about financial incentives for Oakwood Estates. He said his vote against the Calamar project had everything to do with the merits of the proposal.

"They're creating just two jobs at cost of $1.4 million," Zeliff said. "That's $700,000 a job. The residents complain when the EDC gives incentives to industry that is $100,000 a job, why would the residents want to commit $700,000 to a job to residential housing?"

And yes, competition is an issue -- Calamar would compete with projects such as Clinton Crossings, which charges $1,100 a month in rent. Calamar's taxpayer-subsidized rents would all be $1,000 or less.

Clinton Crossings received no tax incentives for its project, Zeliff said.

"They have 35 people on the waiting list waiting to get in," Zeliff said. "The area will support senior housing at the money Calamar claims it won't."

Gerace wonders why the GCEDC board wouldn't even let the project go to a public hearing, allowing the public to weigh in on whether Calamar should get tax incentives to help build much needed senior housing.

Cianfrini said he didn't see any point in a public hearing.

"My position, if we don't believe in the project in the first instance, why let it go to a public hearing when we know we're going to vote it down after a public hearing," Cianfrini said. "We just thought we'd be wasting valuable time to even let it go to a public hearing. If they want to know what the public viewpoint on this is, let them poll the public themselves and get their own opinion on it."

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