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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

UPDATE: The county has clarified that the road closure will be between Lewiston Road from Route 77 and Route 63 junction to Knowlesville Road in Alabama.

Press Release:

The Genesee County Highway Department would like to inform the public about an upcoming road closure on Lewiston Road between Route 63 and Knowlesville Road in Alabama.

Beginning Monday, Aug. 28, the road will be closed to all traffic for approximately eight weeks to facilitate a culvert replacement project.

The culvert replacement project is an essential infrastructure improvement aimed at enhancing the safety and functionality of Lewiston Road.

The existing culvert will be replaced with a new culvert pipe to improve water flow under Lewiston Road and ensure the long-term sustainability of the roadway.

Tuesday's turnout for Community Night Out at City Church's St. Anthony's may have been the biggest since the church first hosted the event in 2019, according to Pastor Ryan Macdonald.

"(We're) very blessed," Macdonald said. "Packed out event. I don't think we've ever seen this many people out at his event before. I'm thankful to have all these agencies here so the community understands what is available."

Community Night Out, formerly National Night Out, was an event Batavia put on at various locations in the city every year, but it seems to have a long-term home at St. Anthony's, and a partner in City Church, that has helped it grow.

Macdonald said he's thankful for all the sponsors who support the event and the event's charity this year, Batavia PD's K-9 program.

The event is an important community outreach program for Batavia PD, said Det. Matthew Wojtaszczyk.

"The purpose of our event is to bring the community out, as you can see, to build positive relationships with the community in a relaxed setting where we're not at a 911 call or an emergency call, a stress-free environment to just build relationships within the community," Wojtaszczyk.

Photos by Steve Ognibene

Press Release:

Baby and Preschool Storytimes will resume in September at Haxton Memorial Library in Oakfield.

Preschool Storytime is held on Monday mornings at 10:30 a.m. and is designed for children ages 2-5. It includes stories, rhymes, songs, and activities related to a theme. Older and younger siblings may attend.

Baby Storytime is held on Saturdays at 10 a.m. and is designed for infants and toddlers ages 0-24 months and a caregiver. Older siblings are also welcome to attend. We will share rhymes, songs, and simple board books,
followed by playtime!

The Haxton Memorial Library located at 3 North Pearl Street in Oakfield, provides residents with a variety of programs, events, and materials that are listed on the library’s website at www.HaxtonLibrary.org.

Press Release:

Congresswoman Claudia Tenney (NY-24), alongside Congressman Andrew Garbarino (R-NY), today reintroduced the Local Law Enforcement Protection Act, which protects qualified immunity for police officers serving at the state and local levels nationwide.

The legislation reinforces the principle established in the Supreme Court case Saucier v. Katz, which ruled that a police officer can only be held liable if there is a clear violation of an individual's constitutional rights. The Local Law Enforcement Protection Act prevents state and local governments from seeking specific federal grants if they strip away qualified immunity protections for police officers.

The year 2021 was the deadliest year for our law enforcement officers in over two decades, and 2023 is not much better. So far this year, 226 police officers have been shot, and 75 have died in the line of duty. With numerous states and localities significantly cutting police budgets and chipping away at qualified immunity safeguards, the Local Law Enforcement Protection Act serves as a crucial legal safeguard, providing necessary protection to police officers who dutifully serve communities with dedication and honesty.

“With crime rates continuing to surge across our country and assaults against our brave police officers on the rise, it is deeply concerning that Democrats in Congress and Albany continue to advocate for defunding the police and ending qualified immunity,” said Congresswoman Tenney. “Our law enforcement officers risk their lives every day for our communities, and they deserve to be able to perform their duties without fear of frivolous lawsuits. By introducing the Local Law Enforcement Protection Act today, Rep. Garbarino and I reiterate our call for members on both sides of the aisle to stand in solidarity with our police officers. I will always stand with our men and women in blue who risk their lives every day for our community.” 

“The Left’s assault on essential police protections is inexcusable and only makes it harder for law enforcement officers to do their jobs keeping our communities safe and criminals off the street,” said Congressman Garbarino. “For years, qualified immunity has served as legal protection for law enforcement officers from being sued for lawful actions undertaken as part of their official duties. At a time when police recruitment and retention is at staggering lows and crime remains at record highs, I am proud to co-lead this legislation to discourage state and local governments from taking harmful policy action against our law enforcement community.”

Read the full text of the bill here.

Before Tuesday, the last person to ring the bell in the cupola of the old Bethany Town Hall was now-retired Town of Bethany employee Kenny Morgan.

That was 25 years ago, at least.

And he got in a bit of trouble for doing it.

"Why did you ring the bell?" The Batavian asked.

"I don't know," Morgan said. "We had to go over there and do some work, so I figured since I was there and the rope was dangling down out of the opening, I would just ring it a little bit."

All of the "old timers," as he put it, started calling the Town Hall and showing up in the parking lot to see what the emergency was, he said.

The town supervisor at the time told him, "Don't ever do it again."

Today, the bell was rung one last time while it was still, technically, in the cupola (the top of the structure had just been removed) by a member of the demolition crew hired to take down the old town hall (see video at the bottom of this story).

The building represents memories and their community to the residents of Bethany, but strictly speaking, it's not a historical building, so there's no funding to bring it up to code for public use, which would cost in excess of $2 million. The town board decided to hire a firm to bring it down before nature and vandals cause any issues.

The cupola and bell are being saved (the bell, once removed, was taken off-site by the contractor to a secure location to protect it from potential thieves) for a small park that will take the place of the old town hall.

The whole project is costing the town $119,000, said Supervisor Carl Hyde.

"The past residents of Bethany smiled on us today because the cupola came down without a problem," Hyde said. "All in one piece. The bell in the yoke came down without a problem and in one piece, so evidently, it was meant to be. The way I look at it, everything went smoothly. You know, it's a sad day, but it's gonna preserve the property. It's going to preserve the bell and the cupola in a green space. That will let people know that there was actually something here that was important to the residents."

The contractor doing the demolition work is out of Akron, Wargo Enterprises.  

Demolition started with the removal of the cupola and bell, which took a couple of hours of meticulous work.

The crane operator predicted the cupola would weigh between 5,000 and 6,000 pounds. If it weighed more than 12,000, he was going to call in another crane.  Once it was off the building, he said gauges indicated it weighed less than 6,000 pounds.

The bell was made in Batavia by James H. Cochran in 1884.

With the cupola and bell safely removed, the Wargo crew got busy with heavy equipment smashing down the building.

Wayne Walker, who was born and raised in Bethany -- and last heard the bell ring long ago when he first got out of the military service and rang it himself -- said it's time to move on.

"It's seen its time," Walker said. "You would need to spend a lot of money to get it the way it should be. It's just a waste of money."

Previously:  Out of options, Bethany Town Board seeking bids for demolition of old town hall

NOTE: This story contains nine photos. The Batavian prepared 39 photos for publication.  To view all 39 photos, click here.  At the bottom, the photos below is a video of the bell ringing.

Photos by Howard Owens.

A house fire is reported at 18 Colorado Ave., Batavia 

City Fire dispatched. Second alarm for Alexander, Town of Batavia, Elba, City home monitors.

UPDATE 2:54 a.m.: The fire seems to have been knocked down.

UPDATE 4:32 a.m.: Firefighters do not believe the house was occupied. There is as of yet no information available on cause or origin.  City Fire initially received a call for the smell of smoke in the area of East Main Street and Masse Place. A firefighter said it smelled like a house was burning somewhere.  Then a call reported a structure fire at 18 Colorado Avenue. The house was fully involved when City Fire arrived on scene.

UPDATE: Press release:

On Wednesday, August 23, 2023, the City of Batavia Fire Department responded to a report of smoke in the area of Masse Place and East Main in the City.  As crews were searching for the source, City of Batavia Police discovered a residential structure on fire at 18 Colorado Avenue. Initial fire units arrived to find fire showing from the front of a two story, single family home.  Fire crews entered the home to perform searches for any occupants and extinguish the fire. Searches for occupants were negative. The fire caused significant damage to the majority of the structure, the remaining portions suffered smoke and water damage. No one was home at the time of the fire. One cat perished in the blaze.  

No injuries were reported. 

The cause of the fire is currently under investigation by City of Batavia Fire Department.   

The City of Batavia Fire Department was assisted by the City of Batavia Police, Codes Department, and Water Department as well as the Genesee County Emergency Dispatch Center, the Town of Batavia Fire Department, the Elba Fire Department, and Oakfield Fire Department. 

Photos by Howard Owens

A three-car motor vehicle accident is reported in the area of 10537 Alleghany Road, Darien, which is right by the Darien Fire Hall.

At least one injury is reported.

Darien Fire and Mercy EMS dispatched.

UPDATE 11:48 p.m.: Minor injuries and very minor damage to vehicles. The vehicles were moved off to the side of the road.

Water is one of those things that doesn’t evoke much interest until the well runs dry, and county officials have been steadily working on a plan to ensure that doesn’t happen, they say.

And that doesn’t happen without funding, which will be needed for the upcoming $150 million third phase.

“We are currently designing and evaluating the needed improvements for Phase 3, which brings 7.6 million gallons more per day. This quantity of water was intended to replace the City of Batavia Water Treatment Plant production. Part of this transition requires a Source Supply Change Study to make sure water chemistry does not cause issue in the city’s old pipes and services,” county Highway Superintendent Tim Hens said. “This study is intensive and will take approximately three years to complete. During this time, we will continue to design the overall Phase 3 project. There are parts and pieces within Monroe County that are not controlled by the Source Supply Study that will advance ahead. The county is continuing to seek federal and state funding to complete the project that has a total estimated cost of $150 million.”

Some good news came this month in the form of a $2 million grant from Senator Kirsten Gillibrand’s Office. That money will go towards a new water tank on North Road in Le Roy, County Manager Matt Landers said. While there’s still much more expense to go, it “certainly helps,” Landers said, and is “$2 million less that we have to borrow and pay interest on.”

As for how to pay for the remaining project?
“We are certainly hopeful for future grant assistance.  We recently submitted for a $30 million Water Infrastructure Improvement grant with NYS and submitted for $1.7 million in Congressional earmark funding through Congresswoman Tenney’s Office,” Landers said.  “We plan on submitting annually to both NYS and the federal government for as long as phase 3 is being designed and constructed.

“We are searching for federal and state grants, expecting to raise some of the funds through a bond issuance and having a small increase in the water rate to cover the rest,” he said. “In addition to the $2 million recently announced, we are also applying $8 million of federal ARPA funding towards phase 3. We have not paid for phase 3 yet because it is still being designed.”  

Remember those county press releases reminding residents to temper their water use during summer months? Those reminders, and the need for spray parks in Batavia and Le Roy to be closed temporarily this summer, are all related to city and county water infrastructure issues and the rising need for water, officials say.

“Demand continues to outpace water supply, and this trend will only get worse in the coming years,” Landers said.  “Clean reliable water is essential from both a public health standpoint and from an economic development perspective." 

There haven’t been any reminders lately about restricting water use, so does that mean the situation is better?
“Recent repairs at the City water plant (repair of a well pump and replacement of a low service pump) have helped supply keep close with demand,” Landers said. “In addition, the county is moving away from the peak demand season, which will relieve some of the pressure on the city water plant.”

A media tour scheduled for Wednesday morning at the new Batavia Medical Center has been canceled, along with the grand opening of the Batavia-based facility set for Monday, Rochester Regional Health officials said.

RRH was waiting for a final letter from New York State signing off on the project, but that letter has not yet arrived. A new opening date has not been determined but will likely be sometime in mid-September, spokesperson Cristina Domingues Umbrino said Tuesday.

The health facility hosted a small tour for dignitaries at the new 95,000 square-foot site on Oak Orchard Road last Friday, with the plan to open it up to media this week in anticipation of an opening slated for Aug. 28. 

As Ellicott Station, the four-story apartment complex in Batavia’s downtown Southside, remains unfinished and behind schedule of what was previously announced for a summer opening, Samuel Savarino of Savarino Companies confirmed Tuesday that the 23-year-old company “will be winding down and ceasing operations,” according to The Buffalo News. 

Savarino said that the company would be laying off 30 employees after being unable to overcome significant financial losses following its dismissal from a state-funded SUNY construction project, the article states.

The Batavian called City Manager Rachael Tabelski and Samuel Savarino for comment and received an emailed response from Savarino confirming that the company will be "winding down and ceasing operations," however, it offered a thin promise for Ellicott Station's future completion.

UPDATED 4:12 p.m.: "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. Without that work, it would not be possible for the company to operate profitably," the email stated. "Savarino Properties, LLC, which is an independent company and provides property management services throughout Western New York, will not be impacted.

"Savarino Companies, LLC is actively working to achieve the best outcomes for its employees, clients and vendors. The firm is working with its clients, and in some cases, its surety to complete work on active projects and, where needed, is making arrangements with replacement contractors for upcoming work the company was slated to perform," the company stated. "The status of several initiatives and development projects that Savarino Companies was affiliated with has yet to be determined."

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.”

Savarino also emailed reports of the many charitable organizations that the company has supported over the years of its existence.

Photos by Howard Owens.

More than 80 participants — children, teens and adults — attended an end-of-summer-reading ice cream party this past week at Haxton Memorial Library in Oakfield, Director Kim Gibson says.

Soft serve ice cream was served, and all of the prizes were distributed during this fun-filled evening at the library on Aug. 17. 

The library had a lot to celebrate: a busy summer of 200 children, teens and adults in the “All Together Now” Summer Reading Program, and children and teens reading more than 70,000 minutes combined as the library offered 35 programs, and an attendance of more than 1,020 participants during the six-week program. 

 “We had such an amazing turn out and we are so proud of all of our readers this summer,” Gibson said.

The following were arrested by the Sheriff's Office at the Darien Lake Performing Arts Center during the Nickelback/Brantley Gilbert Concert on Aug. 16.

William J. Oatman, 23, of Liberty Street, Adams, is charged with harassment 2nd after allegedly hitting a Live Nation security guard.

James R. Rogers, 24, of County Road 189, Adams, is charged with harassment 2nd after allegedly hitting a Live Nation security guard.

Matthew J. Morano, 28, of Harrison Street, Blasdell, is charged with trespass after allegedly refusing the leave the concert area after being told numerous times to do so.

Mitchell H. Simon, 22, of Lillyridge Drive, East Amherst, is charged with harassment 2nd after allegedly pushing another person.

Harry K. Elliott, IV, 23, of HSY 2 Troy, is charged with criminal trespass 2nd and harassment 2nd after allegedly climbing over a fence to enter the concert venue and hitting a Live Nation security guard in the chin.

While some areas in New York are seeing an uptick in COVID cases — enough to warrant stricter masking policies — that hasn’t been the case in Genesee County so far, Genesee and Rochester Regional Health officials say.

Two Upstate Medical hospitals recently reported revised policies to reinstate mandatory masking for all staff, visitors and patients in clinical areas of the hospitals’ spaces, and masking was also strongly encouraged for non-clinical areas as well, according to news reports. 

Genesee Orleans (GO) Health’s Public Information Officer Kaitlin Pettine said that there’s been an increase in COVID cases in the second week of August, but there has not been any new masking policy considered.

Her agency is reflecting the recommendations set forth by the state Department of Health and the Centers for Disease Control and Prevention at this time, even though “medical centers/systems can also determine their protocols at their own discretion.”

"For the week of August 9 to 15, Genesee County had 10 new cases,” Pettine said. “As expected, we are seeing new strains of COVID. Each strain will present with varying levels of transmissibility and severity.  We will continue to monitor activity in our communities and provide recommendations as indicated."

Rochester Regional Health is seeing some increase in COVID inpatient admissions, but the number is considered “rather small,” communications specialist Cristina Domingues Umbrino said.  

“We are not considering reinstituting the mask mandate at this time,” she said. “Some restrictions remain in high-risk areas.”

Hospital restriction policies are available HERE.

As everyone moves into the fall season, Pettine encourages residents to practice the following public health advice for all respiratory illnesses: 

• Avoid close contact with people who are sick.
• Stay home when you are sick.
• Cover your mouth and nose with a tissue when coughing or sneezing.
• Wash your hands with soap and water often. If soap is not available, use an alcohol-based hand rub.
• Avoid touching your eyes, nose or mouth.
• Talk with your healthcare provider and get vaccinated. 

If you're curious about local cases, GO Health updates COVID-19 data on Wednesdays at the GO Health website 

Joel D. Prouty, 37, of Batavia, is charged with strangulation 2nd and assault 3rd. It’s alleged that Prouty struck the victim in the face and strangled her during a disturbance on an undisclosed date at an undisclosed location in the City of Batavia. When Police arrived on scene, Prouty allegedly jumped out of a second-story window and fled on foot. Officers were unable to locate Prouty that day. On Aug. 4, patrols were called back to the same address for another disturbance between Prouty and the same victim. When officers attempted to take him into custody, Prouty reportedly fought with them. He was additionally charged with resisting arrest and obstructing governmental administration 2nd. He was arraigned in City Court and held without bail.

Owen Charles Scouten, 22, of Batavia (no street address disclosed), is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and prudent, moving from lane unsafely, and drinking alcohol in a motor vehicle. Scouten was reportedly involved in an accident at 1:16 a.m. on Aug. 20, on Lewiston Road, Batavia. Two people were injured in the accident and required transport to a hospital for treatment. Following an investigation, Scouten was arrested by Deputy Carlos Ortiz Speed.  Additional charges are pending. Scouten was released on an appearance ticket.

Owen Charles Scouten, 22, of Church Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding and moving from lane unsafely. Scouten was stopped at 7:38 p.m. on Aug. 14 on Route 20 in Alexander by Deputy Alexander Hadsall. He was released on an appearance ticket.

Richard A Demmer, 30, of Batavia, was arrested on a bench warrant issued by City Court. Demmer was initially arrested on May 29, after he allegedly attempted to rob the 7-Eleven, on East Main Street A warrant was issued on July 12 after Demmer allegedly failed to appear for a court appearance. He was arrested on that warrant on July 13. Another warrant was issued on July 27 after he again allegedly failed to appear in court. Demmer was located by Batavia Police on Aug. 3 and arrested. He was arraigned in City Court and remanded to the Genesee County Jail on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.

Crystal A. Mounts, 46, of Batavia, was arrested on a bench warrant issued by City Court. Mounts was initially arrested on April 9, 2022 after allegedly stealing property from a local church. A warrant was issued on April 29, 2022 after she allegedly failed to appear in court. She was arrested on that warrant on May 14, 2022. Another warrant was issued on Sept. 19 after she again failed to appear in court. She was arrested on that warrant on July 29. She was arraigned and released.

Lance D. Beals, 53, of Batavia, is charged with criminal mischief 4th and criminal tampering 3rd. Beals was arrested after an investigation into an incident on East Main Street where he allegedly damaged to an apartment building. He was issued an appearance ticket.

Kavyia A. Spencer, 24, of Batavia, is charged with petit larceny. Spencer was arrested after an investigation into an employee theft from Kwik Fill on Jackson Street, Batavia. It’s alleged that she stole merchandise from the store on two separate occasions. She was issued an appearance ticket.

Patricia M. Anderson, 38, of Batavia, was arrested on on Aug. 9 on an arrest warrant issued by City Court. Anderson was initially arrested on April 9 after allegedly stealing merchandise from 7-Eleven on East Main Street in Batavia. A warrant was issued after Anderson allegedly failed to appear in court. Anderson was arraigned in City Court and released on her own recognizance. 

Edmund J. Sobresky, 54, of Batavia, is charged with DWAI Drugs. Sobresky’s arrest is the result of a traffic stop on April 11.  He was charged on Aug. 8 following an investigation. He was issued an appearance ticket.

Patricia A. McCarthy, 29, of Batavia, is charged with harassment 2nd and public lewdness. McCarthy was arrested after patrols responded to Dellinger Avenue, Batavia, on Aug. 6 for a report of two people fighting. It’s alleged that McCarthy engaged in a fight with another person. During the fight, McCarthy became disrobed. She was issued an appearance ticket.

Jason Howard Heerdt, 27, of Hilltop Drive Elma, Ryan Thomas Budziszewski, 32, of Northseine Drive, Cheektowaga, and Carlie Marie Budziszewski, 25, of Northseine Drive, Cheektowaga, are charged with unauthorized use of a vehicle. Heerdt is accused of taking a golf cart at Darien Lake Theme Park without permission on Aug. 6 at 9:25 p.m.. They were issued appearance tickets.

Joseph David Johnson, 53, of State Street, Mumford, is charged with robbery 3rd and harassment 2nd. Johnson is accused of using force to steal property from an elderly victim while inside Batavia Downs Casino at 1:26 on Aug. 10. He was held pending arraignment.

Christopher James Parker, 34, of Batavia Elba Townline Road, Batavia, is charged with criminal contempt 2nd. Parker is accused of violating an order of protection at 10:37 a.m. on Aug. 11. He was held pending arraignment.

Steven Albert Barraco, 53, of Edgewood Drive, Batavia, is charged with harassment 2nd. Barraco is accused of shoving another person by the throat during an altercation on Aug. 10 at 5:31 p.m. at a location on Edgewood Drive. He was held pending arraignment.

Brian Michael Tracy, 35, of Horseshoe Lake Road, Stafford, is charged with two counts of endangering the welfare of a child, criminal contempt 2nd, criminal mischief 4th, and harassment 2nd.  Tracy is accused of getting out of a car and striking another person in front of two children on Aug. 11 at 4:10 p.m. at a location on Horseshoe Lake Road. He was processed at the Genesee County Jail and held pending arraignment. 

Jason Michael Babbitt, 49, of Perry Road, Pavilion, is charged with 46 counts of aggravated harassment 2nd. Babbitt is accused of calling the Emergency Dispatch Center 46 times, including calls after he was instructed to stop.  According to the Sheriff's Office, his calls were not placed to request the services of police, fire, or EMS.  He was issued an appearance ticket.

Jose Efrain Velz-Torres, 42, of Sobieski Street, Rochester, is charged with criminal possession of a controlled substance 7th, speeding, aggravated unlicensed operation, operating a vehicle with improper plates, and driving without insurance. Velz-Torres was stopped at 1:19 a.m. on Aug. 14 on Clinton Street Road, Bergen, by Deputy Ryan Mullen. He was issued an appearance ticket.

Mark Louis Frongetta, 53, of Park Road, Batavia, is charged with disorderly conduct. At 6:14 p.m. on Aug. 14, Deputies responded to the Best Western Inn Suites on Park Road after receiving a report of a disturbance. Frongetta is accused of standing in the lobby yelling obscenities and of throwing the hotel's phone. Frongetta was held pending arraignment.

Dennis Edward Biggins, 48, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and driving too slow (impeding traffic). Biggins was stopped at 4:15 p.m. on Aug. 14 on Route 237 in Stafford by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Lorriance Marie Nelson, 61, of Hillcrest Street, Newfane, is charged with driving while impaired by drugs, speed not reasonable and prudent, and moving from lane unsafely. Nelson was reportedly involved in an accident at 12:51 a.m. on May 25 on Ellicott Street. She was arrested on Aug. 18 following an investigation by Deputy Mason Schultz.  She was issued an appearance ticket.

Joseph Albert Boisclair, 58, of Knowlesville Road, Oakfield, is charged with DWI, speeding, driving left of pavement markings, and failure to keep right. Boisclair was stopped at 1:35 a.m. on Aug. 19 on Lewiston Road, Batavia by Sgt. Mathew Clor. He was issued an appearance ticket.

Angel Eliseo Colon, 41, of Grant Street, North Tonawanda, is charged with harassment 2nd. Colon is accused of spitting on another person while at the Genesee County Jail at 7:02 p.m. on Aug. 16. He was issued an appearance ticket.

Akeem Rashaad Gibson, 33, of West Main Street Road, Batavia, is charged with reckless endangerment and unlawful fleeing a police officer 3rd. Gibson is accused of fleeing from a deputy in the Town of Byron at 3:31 p.m. on July 30. He was arrested on the charge on Aug. 15. He was held pending arraignment. 

Joseph Jerome Kostanciak, 33, of Genesee Street, Pembroke, and Shannon Leah Smith, 46, of Genesee Street, Pembroke, are charged with two counts of endangering the welfare of a child. Kostanciak and Smith are accused of possession of drug paraphernalia at 5:30 p.m. on Aug. 18 at a location on Genesee Street, Pembroke, including an uncapped needle that was accessible to children who are under the age of 17.  Both were held pending arraignment.

John Joseph Wojtkowiak, 56, of Attica Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, and drinking in a motor vehicle. Wojtkowiak was reportedly involved in an accident at 6:44 a.m. on Aug. 1 at the Totempole Gas and Smoke Shop on Ledge Road, Basom. He was arrested following an investigation by Deputy Kevin McCarthy. He was released on an appearance ticket.

It may be summertime, but there’s no break from working on Elba Central School’s farm-to-school program, Superintendent Gretchen Rosales says.

In fact, much of the program’s produce is planted, harvested, and sold — via a farmers market added onto the campus this year — right now. Thanks to state and federal grants from the Department of Agriculture and Governor Hochul's office, Elba students have been able to plant, harvest, learn about, prepare, cook, and most deliciously, enjoy their own healthy foods.

“Agriculture is the backbone of Elba, of Genesee County, our state, and the nation.  This is a great way to see our interconnectedness as a community and as a whole,” Rosales said to The Batavian.  “Elba is a culturally rich community, and I am certain that as we embark upon this project, we will learn so much more from each other.”

Elba first began working with Katie Metzler and Kathy Allen from Porter's Farm last year, when students visited the Elba farm weekly to harvest, wash and prep items for the school's salad bar.

“Some items they picked included tomatoes, peppers, onions, melons, lettuce, and spinach. We also sent them with apples, pears, and green beans. At Thanksgiving, we donated some winter squashes and other seasonal items for their Thanksgiving feast,” Metzler said Monday. “We’re not sure of specifics yet for this year, but we are planning on doing something equivalent to meet their needs. Our hope is to have the students get as much hands-on time at the farm as possible. We are happy to collaborate with faculty and admin at Elba to provide such a hands-on experience for these students. Hopefully, our partnership will continue to grow each year and potentially with other districts in the area as well.” 

After their selections were made, the students would work with Elba’s agriculture teacher, Tracey Dahlhaus, to wash and prep the produce.  They also brought their own egg-laying chickens onto campus so that students could collect the eggs and sell them.  

“We would like to use them in our food options in the cafeteria as well,” Rosales said. “Planning focused around growing our own food. Building a greenhouse is part of this plan.”

Next came the funding. The district applied for a USDA Farm to School grant and was awarded $100,000 this year to "support planning, developing, and implementing farm-to-school programs that connect students to the sources of their food through education, taste tests, school gardens, field trips, and local food sourcing for school meals,” Rosales said.

“The school district plans to use the funds to continue the work that it began last year in its food science course.  Applying for the grant was the chance to look at what a true farm-to-school could  look like if there were no limitations on funding,” she said.  “Our agriculture students and Mrs. Dahlhaus have talked about wanting a greenhouse since our program started four years ago.  Personally, I have always valued the community connection that naturally comes from harvesting one's own produce.  The shared responsibility of a community garden came to mind.”

And community it is. Students, staff, faculty, local farmers and customers have come together to plant fruits and vegetables, grow their own produce, harvest, cook, support local businesses, supply healthy food sources, and come together to actually “break bread” as a community, Rosales said.

The nice part about the grant, she said, is that lessons are for all students — in grades UPK through 12.  Little ones will be learning how to make their own healthy snack choices and then how to cut foods safely to make those snacks, while older kids will learn more advanced skills and nutritional components of meals, plant science and international cooking.

One facet seems to springboard onto another, and they're evolving the offerings all the time, Rosales said.

“We would like to produce our own maple syrup. Our students can expect to try many new foods in the cafeteria,” she said.  “Mrs. Walcazk (the new nutrition coordinator who just took over for retiring Lisa Crnkovich) has been busy working on new recipe ideas for the students, including hot breakfast choices, expanded salad buffet options, soups, and pasta.”  

Future goals are to build the school district’s own greenhouse and to have cooking classes and shared meals in the evenings, she said. Another grant, this time for $150,000 from a Healthy Eating initiative, will go toward those expenses. 

Another big component of this effort has been the use of surveys, asking students about their food preferences to determine which fruits and veggies to incorporate. Berries and watermelon? A big yay. Cauliflower? Not so much, she said. Kids definitely preferred fresh raw vegetables more so than cooked. The response rate over the summer has been about 60 percent so far. 

And what would an agriculture program be without a farmers market? It seemed a natural fit, and one that fits nicely onto the school campus once a week throughout summer and into fall. 

“The school is the center of the community, so holding it at ECS just makes sense.  We have invited all of our farming students and entrepreneurs to sell their goods.  Students have expressed an interest in selling flowers, eggs, potatoes, cucumbers, tomatoes, squash, maple syrup, and honey.  We are starting small and will see how it goes,” Rosales said.  “It is important for Elba to have a farmers market, and we hope to provide a great service to our community.  Mrs. William's civic readiness class and Lauryn Hawkins (middle schooler) Full Hearts Club have started an Elba food pantry. So again, more connections are being made. I am hopeful that we can include fresh produce in the pantry as well.”

The Elba Betterment Committee will also be involved with the pantry, so that's yet another community member participating, she said. 

The district’s agriculture program, with Dalhaus and the Future Farmers of America students, has accomplished a great deal the last four years from the farming perspective, Rosales said, plus new hire Hanna Erion as a Family and Consumer Science teacher to further expand programming. 

“Food production and food science is a booming industry in our area, which is natural considering that so much food is sourced right here,” Rosales said.  “Schools have an obligation to teach students about these industries and to prepare them for the future.  Although agriculture plays an important part, there are so many facets involved.  There is a production component, but also a business and finance part, as well as a culinary perspective.  It is also about showing our students the process of seeing something through from start to finish, about trial and error and looking at how to best solve a problem from different sides.

“Farming and production are collaborative in nature: our students have to learn to communicate and problem solve as a team.  That is why this grant is so important to us; it is not just the funding. The funding provides critical learning opportunities.”

A vehicle and a semi-truck are turned over in the area of 10386 South Street Road, Pavilion.

Possible series injury.

Mercy Flight out of Buffalo on in-air standby.

At least one person is entrapped in the vehicle.

Pavilion Fire and Mercy EMS dispatched. Mutual aid from Le Roy Fire requested.

UPDATE 2:32 p.m.: A first responder on scene reports there is no entrapment.

UPDATE 2:34 p.m.: Le Roy Fire can stand by in quarters.

UPDATE 2:37 p.m.: Mercy Flight can go back in service.

UPDATE 2:38 p.m.: All Mercy ambulances can go back in service. Le Roy Ambulance will handle the scene.

UPDATE 2:45 p.m.: DEC has been notified. Unknown if they're going to respond. The scene commander reports 100 to 150 gallons of diesel fuel on the ground between the two saddle tanks.