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Special Recognition of the Year: St. Joseph Catholic School

By Alecia Kaus

This is one of a series of articles we will run over the next three days highlighting the winners of the Genesee County Chamber of Commerce awards for 2012. The awards gala is Saturday evening at the Clarion Hotel.

St. Joseph School has been around since 1873 and currently has an enrollment of 300 students from pre-K through eighth grade. The Catholic elementary school employes 14 full-time teachers, four part-time teachers, six full-time aides, six support staff and two school nurses.

Karen Green has been a part of St. Joe's school for 17 years. She started out teaching first and second grade and has been the school's principal for the last seven years. She has witnessed much change in those 17 years. However, the school's mission of teaching faith, academics and service has always remained the same.

Green says, "We are an option for families that are looking for something different. If they want that Catholic and Christian-centered education we are here to give that to them."

She says she is very proud of St. Joseph students. Their work habits, their character and how they treat each other make the teachers' jobs very easy.

Academics and service are what make St. Joseph students stand out.

"I often hear from high-school teachers and administrators that they love getting St. Joe's kids, they have good work habits and they participate in class. Knowing that they leave here doing that is a great feeling," Green says.

Chad Zambito, who has been working at St. Joseph's for the past year running their marketing campaign, nominated the school for the special recognition award. After walking through the halls of the school and seeing the kids and their families, Zambito realized that it was different at St. Joe's. It was a special place.

"They have a strong tradition of supporting the community while struggling to make ends meet," Zambito says. "The school continues to find ways to expand programs like advanced math and sciences along with athletics and music while other institutions have been cutting their programs."

St. Joe's gets very little funding from the state.Tuition and enrollment are very important. "It's what we are used to, we have always done more with less," Green says. 

The parents also play an important role. They help with raising funds by volunteering to work at Friday night bingo, the Mammoth sale, fruit sale, Walk-a-thon, Popcorn Ball, and the Penny Carnival. According to Green, "Those big events give us enough money so that we can give our kids and teachers extras like iPads and SMART Boards to work with. We've tried to make the technology really important here and I think that's how we stay afloat."     

In Genesee County, St. Joseph School is the last remaining Catholic elementary school. St. Mary's closed in 2004 and St. Anthony's in 2006. 

Last year, with the closing of Holy Family School in Le Roy, St. Joseph School had to deal with an influx of about 100 students. "We had a couple of tough months over the summer last year trying to prepare," Green says. "We had mixed feelings and it was bittersweet, we felt bad their school had to close and we know what it would have been like and it very well could have been us put in that position." 

St. Joe's hired six aides and two teachers to accommodate the larger class size. Next year they will be looking for a part-time teacher for their Earth Science class at the middle-school level. 

Looking forward to the 2013-14 school year, the first, third and fourth grades are full and have a waiting list. Kindergarten is filling up fast with only five spaces open. At the middle-school level, sixth, seventh and eighth grades are all open.

Parents who have enrolled their children in 3- and 4-year-old preschool can take advantage of the school's Wrap Around Program which was started two years ago. Green says this program has taken off. It's for parents who need an affordable safe place to take their kids after the half day pre-school session.  

Green says her group of teachers, aides and support staff are amazing. They go above and beyond every day. Some run the After School Program, some are involved in extracurricular activities like Drama Club and Art Class and all are available after school each day to provide support for students and parents.

"It takes a special person to work here, to put that much time and dedication in and they do it on a daily basis. The salary is not like in the public school systems," Green said.

Each school year there will always be challenges. Green thinks that is not always a bad thing. 

"St. Joseph School will always be looking to improve in every aspect," she says. "We just don't want to sit back and say things are working well the way they are. You have to always be looking forward to the future. We are always trying to think ahead to make our school stronger and I think that's why we continue to do what we do here." 

For more information on St. Joseph School at 2 Summit St. in Batavia call 585-343-6154 or check out their Web site at www.sjsbatavia.org/

Photos by Howard Owens.

Karen Green

Innovative Community Contribution of the Year Award: Friends of the Batavia Peace Garden

By Alecia Kaus

This is the first of a series of articles we will run over the next three days highlighting the winners of the Genesee County Chamber of Commerce awards for 2012. The awards gala is Saturday evening at the Clarion Hotel.

When Barb Toal went on a sightseeing trip to Rome, Italy, with her sister six years ago, she sat in a beautiful garden across from the Colosseum to rest for a few minutes. At the time she had no idea what the garden was, only that it was a wonderful peaceful spot to sit and take a break.

Fast forward two years later to 2009.

Barb is sitting in the living room of Paula Savage, president of the International Peace Garden Association, who is trying to convince Barb to help set up an International Peace Garden commemorating the War of 1812 in the City of Batavia.

As the two women sat discussing the project, Paula had a laptop on the coffee table running pictures of International Peace Gardens from around the world. Barb froze when she saw a photo of the beautiful garden she remembered sitting in a few years earlier on her trip to Rome.

After scrolling through a few more of Paula's photoss, Barb recognized another garden she visited the following year after her trip to Italy -- in Dublin, Ireland.

"It's pretty ironic. I've been to two of them now. This is a no-brainer. I gotta get involved," Toal said.

Being president of the Holland Land Office Museum at the time, she thought this would be good use for the vacant land to the east of the museum and a good way to bring more people in to visit the Holland Land Office."This is a great fit, a perfect fit," Toal thought. The idea was now planted.

She then solicited the help of longtime friend Carol Grasso. The two have been friends since ninth grade and both graduated from Pembroke High School together.

"I just knew I had to be a part of it," Grasso says.

"This community, we knew since we were little, would come together to make this happen," Toal added.

Armed with seven solid volunteers, the group now referred to as "Friends of the Batavia Peace Garden" went to work. After four years of meetings, fundraising, and solicitations, they were ready to make the garden a reality.  

Running into many obstacles along the way, the project had to be accomplished one day at time. The electric wiring and digging through the base of Walnut Street and the old bridge was a stopper.

"After the electric meeting we were whipped. We thought, 'we can't do this and it's not gonna happen,' Toal said. It was like climbing a mountain, I slipped went down 10 notches then had to go up another 10 again." She said she learned a lot about patience over those four years.

Toal said they knew what they had to do, but had no money. It was amazing how the community came out to help. There were 15 landscaping trucks in the prime season that showed up and volunteered to revamp the once-barren land.

Martin Dilcher, of Dilcher's Excavating, who nominated the group for the award, was driving by the work in progress one day and spotted Barb using a jackhammer. She was making her way through layers of old buildings and solid rock to create a 5-foot hole in the ground for the electric and base for the globe. Dilcher yelled out to her, "What are you trying to do kill yourself ?" Dilcher showed up at 9 a.m. the next morning with a backhoe to help out.

When Toal needed someone to make the giant metal globe she turned to her neighbor Rob Barone who is a welder. He didn't know what she really wanted.

Toal made a trip to BJ's Wholesale and purchased a glass globe in a box and showed it to Barone. She also handed over a few pictures of one located in the Town of Lima. Barone then solicited the help of Patrick Waite, and together they created the globe that is currently on display at the Garden.

According to Grasso, "There were a lot of ups and downs. We didn't think we were going to make it, especially moneywise, but we did it."

She says people can't wait to help out and fund-raise now.

The Friends of the Batavia Peace Garden will be holding their third annual fundraiser dinner to be held at Terry Hills April 27th. They are planning a fashion show and are honoring Joe Gerace and Carolyn Pratt this year.

May 11th they will be having a birthday party and celebrate by raising the 23 flags for the year. It will be a community day from 11 a.m.-6 p.m. Everyone is welcome to come out and join in the festivities.  

The Batavia Peace Garden commemorating the War of 1812 is stop number 13 of 25 on a 600-mile trail that runs through Canada and the United States. Batavia became the rallying point in the War of 1812. British forces burned 200 homes in Youngstown, many families then relocated to the Batavia area to take shelter.

Three more gardens were added to the trail last year. All are located in the Thousand Islands region of New York State. Brussels, Belgium, will be the location of the next garden. It will be created in 2014.

Toal says the group has plans on expanding the Batavia Garden in 2014. They want to extend the grounds to include the area behind the Genesee County Courts facility near the falls of the Tonawanda Creek. They will add more flags and possibly a gazebo.

Toal, who is now retired, says she is more busy now being president of the Friends of the Batavia Peace Garden. She says, "It hasn't been a hard road, just a long road to get to this point."

"To think what we've done in a couple of years, it's humbling to think we got this award," Grasso says. "It's was worth every drop of sweat that we had. All the hard work, the back-breaking digging. It's amazing."  

Anyone interested in buying a brick or path stone can contact Barb Toal at 585-344-2548 or e-mail her at btoal@ rochester.rr.com.

The group also has a new Web site, bataviapeacegarden.org.

Photo by Howard Owens. From left, Barb Toal, Mary Ellen Wilber, Carol Grasso, and Berneda Scoins.

It doesn't always take massive tax subsidies to get COR to build in a community

By Howard B. Owens

The way Damian Ulatowski sees it a retail project should be able to stand on its own without taxpayers helping foot the bill to open a new store.

"I'm just kind of old-fashioned that way," said the Town of Clay supervisor. "If you believe in your project, you should be able to reap the rewards if it succeeds. If it fails, you should suffer the consequences as well. It shouldn't be up to the taxpayers to shoulder the burden. I just guess that's the way I was raised.

"We're rather conservative here," he added.

Ulatowski has been on the town board for 13 years and he's seen a lot of retail development within the town's borders during that time.

None of it, he said, has been built with a single dime in tax breaks.

In Clay, you will find dozens of Big Box retailers -- Walmart, Lowe's, Dick's Sporting Goods, Target, Bed, Bath & Beyond, Home Depot, Kohl's, Petsmart, Sam's Club, Barnes & Noble and even Wegmans.

"These businesses can survive without tax breaks but we've trained them that they can't," Uratowski said. "Clay is one of the most commercially built locations in all of Onondaga County. We have several business complexes. All of them are thriving. No stores are closing. None of them got any kind of subsidy."

One of the largest retail developers in Clay is COR Development, the Fayetteville-based company that is also responsible for Batavia Towne Center.

COR's two centers in Clay contain more than 700,000 square feet, with the first and largest development starting the permiting process in 2005, about two years before Batavia Towne Center.

COR, according to Genesee County Economic Development Center records, was promised $4.6 million in tax abatements to complete Batavia Towne Center, including a 10-year PILOT that is not yet expired (not all of the tax savings have been realized yet). 

Now COR is seeking nearly $1 million in additional tax breaks, ostensibly to help attract Dick's Sporting Goods and possibly a T.J. Maxx to Batavia, as well as at least one other retailer.

A public hearing will be required before the GCEDC board can vote on the incentive package, because under recently reenacted state law, retail projects cannot receive tax breaks unless there is a finding that the project is a tourist destination or fills retail needs not being met locally.

A date for the public hearing has not yet been set.

While COR apparently doesn't always need tax incentives to build, lease and sell its construction projects, the company has accepted at least $9 million in such incentives from three IDAs in the state, according to records obtained by The Batavian from the Authorities Budget Office.

The ABO did a search for "COR" (to capture possible subsidiary names that also use the COR name) as well as COR's business address to check for IDA handouts.

It's possible not all of COR's IDA-approved subsidies turned up in the search.

It apparently also left out projects where COR sold off assets. With Batavia Towne Center, for example, COR sold the Target property to the Target company, and those subsidies are not reflected in the ABO spreadsheet.

Besides Batavia Towne Center, COR has received IDA assistance for:

  • A $42 million apartment complex in Watertown. There was no PILOT on the project, but COR did receive $2.2 million exemption on state and local sales tax for construction materials. The project was approved in 2012.
  • On a $6.7 million retail project on Route 5 in Fayetteville, COR was approved for tax incentives in 2008, 2009, 2010, 2011 and 2012 totalling $3.5 million.
  • Also in Fayetteville, in 2009, COR received $1.2 million in breaks on a 69,000-square-foot manufacturing and research facility for Sensis Corp.
  • COR also built in Fayetteville a 24,467-square-foot office complex for Northwestern Mutual Life Insurance Co. at a cost of $3.7 millon and received $406,000.

Besides Clay, other COR retail projects that don't show up in the ABO report are center's in Canandaigua, Latham, New Hartford, Erwin and Webster (COR's creative naming for all of these projects tend to be some variation of "Towne Center").

It's possible some of those projects received local tax assistance -- assistance that didn't go through an IDA (Industrial Development Agency, such as GCEDC) and therefore doesn't show up in the ABO report.

That's case in Webster where Town Supervisor Ron Nesbitt said he uses Section 485-b of the state's real estate code to grant tax breaks.

While the code allows up to 50 percent of a property's assessed value to be forgiven each year (decreasing over the years in increments of 5 percent), Nesbitt said he only grants relief on 20 percent of assessed value, which decreases in increments of 2 percent per year.

That's 20 percent off the entire assessed value, not just on the increase in assessed value, as in the standard PILOT granted by GCEDC. A project that begins with an assessed value of $200,000 and then jumps in value by $1 million after development will be taxed on 80 percent of the entire $1.2 million of assessed value.

Because it's not an IDA-sponsored tax break, the agreement only covers Webster's property taxes, not Monroe County or school district taxes.

Nesbitt made it clear, he's no fan of the County of Monroe Industrial Development Agency (COMIDA). If a developer receives help from COMIDA, the company might find tough sledding in Webster.

"I have control over that building permit," Nesbitt said. "I'm not saying I'm playing hard ball, but I have control over the building permit and just how fast it goes through. You've got to remember, somebody is making a lot of money off these tax breaks."

Businesses should pay their fair share of taxes, Nesbitt said. They consume the local services, they should pay. He thinks IDA tax breaks give away too much.

"The pot is getting smaller and smaller," he said.

The Webster tax rate is $4.33 per thousand.

"The town tax isn't killing me," he said. "It's the school tax that's eating me up."

A developer in Webster would need to strike a separate deal with the school district since there's no IDA involved. The school tax is $22.90 per thousand.

Nesbitt said he even carries out his everybody-pays-a-fair-share philosophy to nonprofit agencies.

If a nonprofit wants to build in Webster, they need to agree to pay town taxes.

"I sit down with the president or CEO and I tell them, if you're not going to use any police service, any ambulance service or any other service, you don't have to pay a tax," Nesbitt said. "If you're going to use services, you pay the town tax."

Nesbitt said even with his hard line on tax breaks, companies still build in Webster.

As for Batavia Towne Center being a tourist destination, the City of Batavia has recently received a new study by W-ZHA, LLC, that indicates the center does fulfill one of the legal definitions of a "tourist destination." It is bringing in visitors from outside the city and town, but part of the justification for a tourist destination is spin-off spending.

That doesn't seem to be happening, according to the report. Shoppers are not stopping for meals at Batavia's restaurants.

Town and city residents alone should generate about $192 million in retail spending, but sales annually exceed $231 million, a gain of $39 million above what the city and town should generate.

"Both the town and the city are shopping destinations," the report states.

 How much of that $39 million comes from outside the county is unclear.

With the additional visitors for retail, the county's eating and drinking sales potential is $89 million. Local restaurants and bars are getting only about $59 million of that market, according to the report.

Last year, a study released by the consultants for czb found that the city was losing about $12 million in annual restaurant spending to surrounding counties.

The full W-ZHA report will be released at a later date.

STAMP not currently in the running for mysterious 'Project Azalea'

By Howard B. Owens

The tech press is abuzz with speculation about "Project Azalea," a  multibillion-dollar computer chip factory that could be built somewhere in the U.S. with state economic directors in New York, Oregon, Washington and Texas trying to find the right package of incentives to woo the company behind the project.

It's all just rumor and speculation, but the company supposedly behind "Project Azalea" is Taiwan Semiconductor Manufacturing Co., a major supplier to Apple Computers.

But here's the headline for Genesee County: Don't count on "Project Azalea" coming to the STAMP project in Alabama.

Mark Masse, senior vice president of operations for Genesee County Economic Development Center said the local IDA hasn't been given any indication from the Empire State Development that STAMP is on the short list of possible locations for "Project Azalea."

STAMP simply isn't ready yet for consideration by the mysterious company behind the project. The planned high-tech park must first become "shovel ready light" so a developer could start digging as soon as the ink dried on any contract for the project.

Business reporter Adam Sichko lists two New York locations as possible sites for the 1,000-plus jobs the project is expected to create: the Marcy NanoCenter, a 430-acre site on the Utica campus of SUNYIT and Luther Forest Technology Campus in Malta.

While Texas does pop up as a possible location, The Oregonian says there are three main contenders, with New York still on the list.

The Oregonian also reports that New York is ready to spend tens of millions of dollars to lure the company to Upstate.

Hat tip to reader Joanne Rock for suggesting we look at Project Azalea.

Petition drive started to protest further tax incentives for COR and Dick's Sporting Goods

By Howard B. Owens

Press Release from Phil Ricci, chairman of the Gensee County Libertarian Committee:

Dick's Sporting Goods also does not expect to win, or ask for, tax abatements to expand here. "Our goal is to deliver everything at the lowest price," Hennion said. "We really don't feel like we should be using customers' money to build our stores."

That was a direct quote from the VP of Dick's Sporting Goods!

The classification of the Batavia Towne Center as a "tourist destination" is laughable at best, and a complete deception regardless. More than $6 million dollars has already been promised to COR over a 10 year period. Yet even though the company did not complete many of the promises within the original project, they are asking for an additional $ 1 million in "tax incentives" to re-fit a previously failed space!

No tax payer should be asked to subsidize a multi-billion dollar retail chain, so they can do business in their town, but what's even worse is when that retailer is not asking for the help!

Stop the abuse! Tell Mary Pat Hancock and the GCEDC Board to not approve the additional funds!

Sign the petition: http://www.thepetitionsite.com/706/682/307/stop-the-additional-funding-of-tax-incentives-to-cor-for-dicks-sports/

About the Genesee County Libertarian Committee: Advocate. Educate. Choice. The Genesee County Libertarian Party. For more information, please join us on Facebook @ https://www.facebook.com/GCLP.NY.
Also Please join us for our first fundraiser, April 13th at Batavia Downs! http://thebatavian.com/lisa-ace/sponsored-post-celebrate-liberty-night/36799

Batavia Towne Center expected to generate more than $4.3 million in new tax revenue by 2018

By Howard B. Owens

NOTE: There was a big mistake in the original headline of this post about the amount of property taxes that would be generated over 10 years.  The correct number is $4.3 million, not the significantly higher number previously quoted.

Batavia Towne Center, in the four years since the first stores opened there, has generated more than $500,000 in new property tax revenue for schools and county government.

It's also generated more than $500,000 in new fire tax revenue for the Town of Batavia.

We don't know how much sales tax it's generated because those figures are considered confidential. But COR Development estimated -- when it applied to GCEDC in 2006 for tax abatements for the project -- that at build-out, the center would add more than $4.5 million in annual sales tax to the state and county treasuries.

Under the current terms of the agreement between COR and the Genesee County Economic Development Center, Batavia Towne Center will generate an estimated $4.3 million in property tax and fire tax revenue by 2018.

COR is asking that the original agreement be modified to help the company attract Dick's Sporting Goods along with one or two other retailers to the former Lowe's location.

There are three tax abatements under consideration:

  • $180,000 sales tax exemptions
  • $43,750 mortgage tax exemption
  • $828,390 property tax exemption

Before there was a Batavia Towne Center there was 47-acre parcel of land that didn't have much on it except for the Wood Hill Trailer Park off Park Road that -- according to a June 22, 2006 article in the Batavia Daily News -- was filled with aging trailers that once housed race jockeys from Batavia Downs.

The total assessed value in 2008 was $1.6 million.

After Batavia Towne Center opened, the assessed value jumped to $14.5 million.

Under the terms of the original agreement with GCEDC, COR received a $6 million tax incentive package:

  • $2,078,400 sales tax exemption
  • $312,500 mortgage tax exemption
  • $3.6 million property tax exemption

COR was planning a 375,000-square-foot shopping plaza that would be anchored by Target and Lowe's with Bed, Bath & Beyond, PetCo and Michael's, as other key tenants.

It would cost COR an estimated $40 million to build the center.

COR estimated at build-out the stores would employ 364 full-time equivalents (FTEs), who would be paid $9.9 million in annual wages, and the stores would generate $4.6 million in annual sales tax on $667 million in gross annual sales.

In 2007, the project was split into two parts, because Target insist on owning the building and real estate of their own stores, so the benefits and liabilities of the project are now split between COR and Target.

For the life of the agreements, both COR and Target are required to submit an annual report to GCEDC on employment.

By the time all of the stores were open in 2009, COR and Target reported a combined 365 FTEs.

As the economy declined after 2009, so did employment, dropping to 341 FTEs in 2011.

After Lowe's closed, the number of FTEs dropped to 270 in 2012.

The bulk of the incentive package for COR (all numbers in this story roll up COR and Target as if it were still a single project) was the property tax abatement.

The abatement is known as a PILOT (payment in lieu of taxes). 

A PILOT is designed to forgive a portion of property taxes on the increased assessed value on a parcel of real estate that are the result of improvements.

In the case of Batavia Towne Center, as stated above, the property's assessment rose from $1.6 million to $14.5 million.

COR continued to pay property taxes on the original $1.6 million assessed value, but in 2010, when the assessed value jumped so dramatically, it paid no property taxes on that additional $12.9 million in assessed value.

Under state law, fire district taxes cannot be waived, so when the assessed value jumped, so did the amount COR pays for fire services in the Town of Batavia.  Currently, COR and Target pay more than $266,000 annually in fire protection taxes.

Starting in 2011, COR began paying taxes on 20 percent of the increased assessed value, or on $2.6 million of the new additional assessed value.

This year, COR's share jumps to 40 percent of the assessed value.

By 2017, COR will be paying 80 percent of the increase in assessed value and the PILOT expires in 2019, at which point, COR and Target will be paying property taxes on 100 percent of the increased assessed value, or about $4.1 annual in property taxes.

The bulk of those taxes go to the school district with the rest going to the county.  The Town of Batavia currently has a zero property tax rate.

The projected numbers are based on the current assessed value, which is subject to change annually.

For the exemption of the center to accommodate Dick's and other retailers, COR is asking for the PILOT to be amended to cut the taxes on the new assessed value of that portion of the project.

Currently, the portion of the property that contains Lowe's is assessed at $6.9 million.

The improvements will increase the assessment to an estimated $8.6 million.

COR is asking for an amended PILOT just for that parcel that will begin at the 40 percent of increased assessment value and extend the life of the PILOT (just for that parcel) through 2024.

Rather than going up 20 percent every two years, the 40 percent of assessed value would last for three years, then go up to 50 percent for two years, 60 percent for two years, 70 percent for two years and 80 percent for two years.

In 2007, as we reported earlier, the project was only eligible, as a retail project, for tax incentives, because it was declared a "tourist destination."

Under terms of IDA law, a tourist destination is defined as a location that will attract a significant amount of traffic from people living outside of the IDA's service area.

In this case, from outside Genesee County.

The agency also had to find that the project would offer a service not otherwise available to county residents.

In a June 8, 2007 letter, COR's VP and attorney Joseph B. Gerardi, wrote in a letter to Steve Hyde, CEO of GCEDC:

It is anticipated that the Towne Center will provide economic and/or tourism opportunities for commercial uses not otherwise readily available to residents of the Genesee County Economic Development Region. ... The Towne Center project is also anticipated to retain a significant percentage of the retail sales available in the Economic Development Region that is likely to be leaving the Region, and create additional economic development activity. This is a result of the potential for Towne Center to attract retail sales from counties that are in near proximity to the Region and/or development.

Legislature Chairwoman Mary Pat Hancock wrote in a letter dated Jan. 2, 2007:

In order to assist the Agency in making such a finding, the Company has represented that the Project is the sole comparably-sized shopping center available to residents of Genesee County and therefore provides a service that would otherwise be unavailable.

Hancock's letter did not address the "tourism destination" designation.

While the project was in development, GCEDC was apparently interested, according to a February, 2007 article in the Batavia Daily News, in adding a multi-screen theater to the project.

COR seemed less than thrilled with the idea, noting that adding theaters would mean less parking, and theater patrons would take up a lot of parking spaces that would otherwise be filled with store shoppers.

The original project proposal also promised restaurants, but none of have been built in the plaza.

COR also promised to plant $200,000 in trees in the parking area.

It's expected that if GCEDC is to grant new tax incentives to COR for Dick's Sporting Goods and other additional retail space, the project will need to be approved as a "tourism destination" and provide goods and services not otherwise available in Genesee County.

In 2005, while discussing sports retail outlets in Forth Worth, Jeff Hennion, then VP of strategic planning for Dick's Sporting Goods, told the Star-Telegram that Dick's wasn't interested in tax incentives for their stores.

"Our goal is to deliver everything at the lowest price," Hennion said. "We really don't feel like we should be using customers' money to build our stores."

UPDATE: Original site plan map added, courtesy COR Developerment.

No trash haulers planning to offer service to Batavia residents will offer totes

By Howard B. Owens

If you're a city resident who thought you might get totes for your garbage and recycling starting June 1, you will be very disappointed to learn that none of the haulers planning trash service for Batavia will offer totes.

Not even Waste Management, one of the largest refuse collection companies in the nation, will offer totes in Batavia.

Genesee ARC, who had the contract with the city for garbage collection for 28 years, will offer the same bag and can service the agency has always offered.

Jeff Gardner, starting up Gardner Disposal, will pick up bags and cans, and PSI, based in Alabama, will pick up bags and cans.

Or you can drop off your own bags at Scofield's transfer station in Stafford or the Town of Batavia's transfer station.

But a tote that you can wheel to the curb? Forget about it.

Waste Management will charge $24 a month for up to a dozen 30-gallon bags. The quarterly rate, with fees and fuel charges, will come to $92 to $95.

Genesee ARC will charge $21.95 a month for curbside pick up of cans and bags, or you can buy 10 bags at a time for $30, or ARC will offer a drop-off service at the West Main site is 10 cents per pound.

The new kid on the block, Gardner Disposal, will be locally owned and operated and at least to start. The new owner, Jeff Gardner, will also be the garbage man picking up the trash.

He plans to charge $20 a month for up to seven 13-gallon bags or up to five 30-gallon bags. (Gardner offers more information on his Web site.)

PSI is $25.50 per month for six bags a week.

All services will offer free recycling pick up, but again, no totes.

As for bulk items, prices will vary and picks must be scheduled with your contracted hauler.

Here's a list of companies and phone numbers offering service to Batavia residents

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

Jobs data for Genesee County improved in February

By Howard B. Owens

There were fewer people listed as unemployed and more jobs in Genesee County for February, according to the latest numbers from the NYS Department of Labor.

The jobs report pegs the local unemployment rate at 9 percent, down from 9.5 percent in January and a four-tenths of a percentage drop from February 2012.

Meanwhile, the number of jobs reported in Genesee County went up from January to February by 100 positions. There were 28,500 jobs reported, which is also an increase over February 2012 when the number was 29,300.

The state's unemployment rate is 8.8 percent, and the nation's 8.1, both improvements over a year ago.

Orleans County's unemployment rate improved from January to February, 11.2 percent compared to 12.3 percent, but still off from the 10.9 percent of a year ago.

In Wyoming County, unemployment went from 11.2 percent down to 10.8 percent month-over-month.

For Livingston County, unemployment is at 10.1 percent, down from 10.3 percent a month earlier.

GCEDC must find that tourists will flock to Dick's Sporting Goods in order to offer tax breaks to COR

By Howard B. Owens

Batavia Towne Center -- the location of Target, Bed Bath & Beyond, Michael's, Petco and Radio Shack -- is a tourist destination.

It became a tourist destination in 2007 when the board of the Genesee County Economic Development Center voted to proclaim it a tourist destination and Mary Pat Hancock, chair of the Genesee County Legislature, gave the designation her stamp of approval.

Without the designation, the GCEDC could not have awarded -- under state law at the time -- some $4.5 million in tax breaks for COR Development Company to build the retail shopping center.

The law lapsed in 2008, but is back in force this year, just in time for COR to request another $1 million in tax incentives to help lure Dick's Sporting Goods to Batavia.

The Buffalo News reported on the revival of the law last week, noting that it's the intention of the governor's office to crack down on tax incentives for purely retail projects.

Those retail projects were magnets for controversy because critics said they did not generate new wealth within the region, served a strictly local clientele and favored one business over others that were fighting for a piece of a shrinking local retail market.

Among the exceptions to the law banning tax incentives for retail projects is the declaration that the project is, or is part of, a "tourist destination."

The statute is pretty clear that Albany wants these incentives going only to retail projects that will likely "attract a significant number of visitors from outside the economic development region ... "

Who decides if a project is a tourist destination? According to the Govenor's Office, it's purely a local decision.

It's up to the GCEDC board to conduct a public hearing on the topic. After the public hearing, the board votes. If it votes to declare the project a "tourist destination," there's one last step, and that's for the chair of the governing agency -- in this case, Mary Pat Hancock of the County Legislature -- to approve the designation.

There's no other process to confirm the designation nor appeal the decision.  There's nothing in the statute that allows another authority to overrule the local decision.

For her part, Hancock seems quite convinced that Batavia Towne Center is a tourism destination.

Hancock noted that Batavia Towne Center is right next to the Clarion Hotel, with its new water park, conveniently located near the Thruway and there are lots of hotels in the area. Those hotels bring families to town for hockey tournaments and soccer tournaments, and business travelers might bring their families along these days.

And those people, she said, will want convenient shopping in the area.

"We would certainly like to see that empty building (the former Lowe's location) put to good use and see something there that brings people to the area," Hancock said. "It's conveniently located for people who come here and with the price of gas, it's wonderful that people can come here and mix business with pleasure."

Kelly Rapone, head of tourism for the Genesee County Chamber of Commerce, wanted to emphasize that she's supportive of the proposed project at Batavia Towne Center, but admitted that she's never considered the shopping center a tourism destination and the chamber has never promoted -- as far as she can recall -- the shopping center as a tourism location.

One measure in New York of whether a location is a tourism destination, as established by the promotion campaign "I Love NY," is whether a signficant number of people from more than 50 miles away will travel to the location.

That definition is used in awarding grants to tourism projects, Rapone said.

While the shopping center is good at pulling people from neighboring GLOW counties to Batavia, she isn't sure Batavia Towne Center would measure up to I Love NY's criteria.

"(Batavia Towne Center) is definately an asset to have when people are deciding where to stay while traveling," Rapone said. "They're not going to stay in a hotel when there's nothing around."

She doesn't think, though, that people are going to travel to Batavia and stay in a hotel just to shop at Dick's.

We asked Hancock about a remark by the owner of Barrett's Batavia Marine, Mike Barrett, that tax breaks to COR is like "using your own tax money to put yourself out of business," and Hancock said she certainly hopes that isn't the case.

She doesn't think that's GCEDC's purpose, she said.

"The GCEDC has done great work with our present businesses and works with our businesses to help them expand or move to different locations," Hancock said. "Part of the GCEDC's mission is to retain business and retain jobs and they've been doing a really good job."

LATER THIS WEEK (we hope): Details on the 2007 financial package that helped create Batavia Towne Center.

If Dick's must come, local sports retailers think the big box store shouldn't benefit from tax breaks

By Howard B. Owens

It's no sure thing that Dick's Sporting Goods is coming to Batavia.

First, there's no official confirmation that Dick's is the client COR Development Company has secured for the former Lowe's location.

Second, Charlie Cook, chairman of the Genesee County Economic Development Center Board, said it's far from a done deal that COR will receive more than $1 million in tax incentives to prepare the 138,778-square-foot space for a new tenant, whoever that may be.

If Dick's is the new game in town, local sporting outlets say they're ready for the competition; they just hope it's a level playing field.

The GCEDC board has yet to officially approve a trio of tax incentives for COR. The only action yesterday was to approve a public hearing for the project, which hasn't even been scheduled yet.

The board has been given scant information about COR's plans, Cook said, and without more information, the board isn't ready to act on the proposal.

"There is no commitment from the EDC for any sort of tax breaks or funding and there won’t be until we have a lot more information," Cook said.

This is the first big retail project that has come before the GCEDC board since Cook's been a member, he said, so he wants to educate himself on what projects like this mean for existing businesses before making a decision.

"I’m still learning," Cook said. "I’ve learned some things on the fly here and have been educated a bit on the impacts that some retailers might have that I hadn’t thought of. I haven’t formed an opinion yet."

Two months ago, a source told The Batavian Dick's Sporting Goods was planning a store at the former Lowe's location; however, repeated phone calls and e-mails to Dick's corporate office since then have been ignored by the corporate giant.

Dick's is a publicly traded company founded in Binghamton and now has 511 stores in 44 states. Annual sales in 2011 (the most recent numbers available) were $5.2 billion with a net profit of $1.6 billion, for a profit margin of 30.6 percent.

Those big numbers mean local retailers selling outdoors equipment and sporting goods face competition from a well-financed behemoth with significant market power.

That isn't scaring at least two local retailers who sell some of the same merchandise as Dick's, but the local owners are unhappy that a giant corporation like Dick's could benefit from any tax incentives given to COR.

Mike Barrett likened the practice of using tax incentives going to corporate chains to "using your own tax money to put yourself out of business."

Still, Barrett's Batavia Marine -- founded in 1955 by his father and uncle -- has been in the same location for decades and Barrett has seen a lot of upstarts come and go.

"We can compete in a lot of different levels they can’t," Barrett said. "Price is one thing and service is another. I knew about this coming for about a year, but we’ve outlasted a lot of other people, so … (Barrett shrugged)"

Kurt Fisher, whose store Fisher Sports is less than two years old, thinks he's found a local niche to serve and his new location in the Court Plaza (off Court Street) is doing well.

He isn't even particularly worried about Dick's potential for offering lower prices.

"The bigger issue for us would be they have more opportunity to have more stock because they have more money to bring everything into the store from every company," Fisher said. "We don't have that opportunity. Olympia (on Lewiston Road) doesn't have that opportunity. They (Dick's) can fill the store with everything, but that doens't mean their prices are good. That's their story everywhere. They have full stores but that doesn't mean they have the best price."

Fisher is ready to compete head-to-head with Dick's, but he doesn't think tax incentives should be used to give a big chain an advantage over local businesses.

"For the town and city to do that, it tells me they're more worried about the Big Box people compared to the smaller business people, for sure," Fisher said. "We don't get tax breaks and we're already in business."

Before today, Charlie Cook said he had no idea that Dick's was the potential tenant for COR. He doesn't even know now if the information is true. He said the GCEDC board was told the confidentially agreement prohibited even the GCEDC board being told who the tenant might be at this stage, even in closed session.

Who the tenant is could be critical information for the board to consider before approving incentives for COR, Cook said.

"I am interested in protecting existing businesses," Cook said. "I think when the facts come out, and more names are divulged (there could be more than one retailer moving into the former Lowe's location), if something isn't going to have an impact on local retailers and actually has attributes that benefit the local economy, you have to look at that differently than a business that competes directly with somebody down the street. Until we know more, we can't make that judgement."

Cook also acknowledged that taxpayers may have legitimate concerns to consider about COR receiving new tax incentives after receiving tax incentives in 2007 to construct the curent building for Lowe's, but "what it comes down to is we're staring at a big empty building and how can we put it to the best use."

GCEDC board approves tax breaks for developer of former Lowe's location

By Howard B. Owens

CLARIFICATION: Regarding the headline and the item below: The GCEDC board approved the COR project being set for a public hearing, but its project has not yet received final approval.

COR Development Company, owners of property at 4180 Veterans Memorial Drive, Batavia, is planning a $4.5 million investment in the former Lowe's location for renovation, adding space and retrofitting the existing structure. The renovations will pave the way for one or more retailers to lease the space. Total tax incentives: $1,052,104. The project is part of Town Center Batavia, which is 350,000-square-feet of "destination retail space," according to the Genesee County Economic Development Center's release. In 2007, COR received incentives to build the project. The former Lowe's location is currently 138,778 square feet. Under the proposal, COR will receive $180,000 in sales tax exemptions, a $43,750 mortgage tax exemption and a $828,390 property tax exemption on the increased assessment value of the property. COR projects 120 new retail jobs as a result of the project.

Batavia Showtime, 6 Alva Place, Batavia, is planning a $52,200 investment for the purchase and installing of a digital movie projector. Batavia Showtime is approved for a $4,176 sales tax exemption on purchase of the projector. GCEDC's release states that the board is looking to assist in the project because it qualifies as a tourism destination and provides a service to the area, being the only local movie theater, that would not otherwise be available. The theater was in danger of closing prior to Batavia Showtime purchasing the facility. The owner is planning upgrades beyond the purchase of the digital projector. An estimated three new jobs will be created and four jobs retained.

Le Roy Plastics, 59 Lake St., Le Roy, is planning a $885,000 investment for the consolidation of all operations and processes into one facility. The company plans to renovate portions of the new facility and purchase furniture, fixtures and equipment. The GCEDC board approved $43,931 in tax abatements for the project, including a $24,800 sales tax exemption, $9,063 mortgage tax exemption and a $10,068 exemption on property taxes above the current assessed value.

Edward Jones' Batavia office celebrates a year of doing business here

By Billie Owens

Press release:

The financial investment firm Edward Jones, headquartered in St. Louis, celebrates is first year of doing business in Batavia.

The company provides financial services for individual investors in the United States and, through its affiliate, in Canada. Every aspect of the firm's business -- from the types of investment options offered to the location of branch offices -- is designed to cater to individual investors.

"I've enjoyed doing business the old-fashioned way -- in person," said Michael Marsh, an Edward Jones financial advisor in Batavia. "And I am looking forward to many more years of serving the investment needs of my friends, neighbors and business associates."

The fact that Marsh works in the same community in which he lives is unique among financial services firms, most of which do their business by phone. By establishing one-broker offices in rural and suburban communities, however, Edward Jones enables its financial advisors to establish one-on-one business relationships with its investors.

The firm's 12,000-plus financial advisors work directly with nearly 7 million clients to understand their personal goals -- from college savings to retirement -- and create long-term investment solutions that emphasize a well-balanced portfolio and a buy-and-hold strategy. Edward Jones embraces the importance of building long-term, face-to-face relationships with clients, helping them to understand and make sense of the investment options available today.

In January, for the 14th year, Edward Jones was named one of the best companies to work for by FORTUNE Magazine in its annual listing. The firm ranked No. 8 overall.

Empire State Development announces $1.5 million in funding for STAMP project

By Howard B. Owens

Press release from Empire State Development:

Western New York Science, Technology and Advanced Manufacturing Park – Priority Project (Finger Lakes Region – Genesee County) – Grant - $500,000; Loan $1,100,000

Designated a Priority Project by the Finger Lakes Regional Economic Development Council, the Western New York Science, Technology and Advanced Manufacturing Park (STAMP) will create significant opportunities for semiconductor, flat panel display, photovoltaic, and bio-manufacturing projects.

The Genesee Gateway Local Development Corporation (GGLDC), which serves as the recipient of ESD’s grant and loan, was established in 2004 to handle industrial park development and serves as a conduit for assistance to private companies. Since its inception, GGLDC has completed five park developments across Upstate New York – each of which have infrastructure completed and are able to accommodate new business developments.

In 2005, GGLDC identified a market need to develop a much larger park than those previously developed. Such a mega site, of at least 1,000 acres, would seek to attract a large-scale advanced manufacturing project. GGDLC identified a site in the Town of Alabama, and since 2008 has expended several million dollars for preliminary multifaceted feasibility studies, completed an Environmental Impact Statement, and conducted community outreach and began to acquire property. In order to continue developing STAMP as New York State’s third mega site, ESD is providing a grant of up to $500,000 and a loan of $1.1 million to assist in the purchase of 364 acres of land at the site for the next phase of development.

GGDLC currently owns 143 acres with the option to purchase another 1,073. This real estate transaction will allow for design, engineering and construction for the initial infrastructure at the site, which will be completed by the end of 2014.

This project will position Western New York State as a hub for advanced technology manufacturing and spur significant regional economic growth. There is potential for up to 1,200 jobs at the STAMP site by 2016, and over 9,300 projected jobs at full build-out in 2032.

Photo: New sign for the Batavia Showtime

By Howard B. Owens

The former Dipson Theater's sign on Main Street, Batavia, was updated today with the sign for the renamed theater: Batavia Showtime. Downtown businessman Ken Mistler purchased the theater earlier this month and is planning several renovations.

Oatka Glass attracts teachers and students from all over the world

By Howard B. Owens

NOTE: Earlier this year, the Chamber of Commerce published its annual Genesee County Tourism magazine and for the second year in a row, The Batavian participated in the publication by producing photos and stories. Today, for our Sunday reading, we're publishing four of our stories. For more on why Genesee County is a great place to live and to visit, click here for VisitGeneseeNY.com.

It's a little studio with a big reputation.

Lance and Amanda Taylor opened Oatka Studio in 2007 and now attract students and teachers from the world over.

"We’re fortunate we know many, many world renown glass artists," Lance said. "We’re able to bring those people to Batavia and that is something that sets our school apart from many smaller glass studios."

The Taylors both have a long history in various art forms, as well as business and science backgrounds, that evolved into an interest in glass.

Lance started with stained glass in the 1970s, went to ceramics in the 1980s, woodworking in the 1990s and then back to glass.

Amanda was a geophysist who pursued art on the side, including metal smithing, ceramics, photography and welding.

Lance is from Le Roy and Amanda is from Calgary, Alberta, Canada.

The husband and wife team met at a glass conference in Corning in 2006.

Oatka Glass is located in the historic Harvester Center, a 150-year-old former tractor factory in Batavia that is home to a variety of small businesses, including a community theater, photography studio and two art studios.

Much of the current studio is centered around kiln glass -- melting cut or crushed glass in a kiln until it becomes a single piece and then shaping the glass with molds or cutting and sanding -- but the Taylors also offer glass blowing glasses and are expanding that part of the studio.

"People might be surprised that we have a world-class glass facility right in Batavia," Lance said. "Anybody in the area has a phenomenal opportunity to work with masters in glass and use some of the best equipment that is available."

The studio has become popular with groups, Amanda said, from business executives looking for team building exercises to Girl Scouts trying new craft projects.

"We are expanding that part of the business," Amanda said. "We want to get more of the local community involved."

Typically, classes run three or four days, but there are one-day classes, multi-week classes and artists can rent studio time to work on projects. The Taylor's also offer one-on-one instruction.

Basically, the Taylors can fashion an instruction or studio experience to fit the needs of an individual or group.

Just recently, Oatka Glass started a lecture series featuring well known glass artists that are free and open to the public.

"A lot of the instructors who have taught here love coming here," Amanda said. "What we offer is unique and a little more personal."

For example, Amanda said, for daylong classes, Amanda cooks gourmet lunches.

"We don't just send out for sub sandwiches or pizza, and we can cook a lunch to accommodate vegetarians or any dietary health issue," Amanda said.

"It's all very personalized," she said. "This is a small place so a lot of attention is paid to each student."

Most recent labor report for Genesee County: Jobs down, unemployment up

By Howard B. Owens

The most recent jobs report numbers for Genesee County aren't as healthy as in some months past.

Between December 2012 and January 2013, Genesee County lost 3,600 non-farm jobs, and there were 100 fewer jobs than January 2012.

At the same time, the county's unemployment rate climbed, reaching 9.5 percent, up from 9.4 percent the previous month and 8.2 percent a year earlier.

There are currently 28,500 people in the county with jobs, and the number of jobs in the county is an estimated 21,400.

A year ago, the jobs number was 21,500.

Neighboring counties' unemployment rates:

  • Livingston, 10.4
  • Orleans, 12.4
  • Wyoming, 11.2 percent

Unemployment in NYS has climbed year over year from 9.1 percent to 9.4, while the nation's rate has dropped from 8.8 percent to 8.5 percent.

Ten Batavia businesses pass underage alcohol sales check

By Howard B. Owens

If you're under age and want to buy booze in Batavia, good luck finding a server or clerk who will sell it to you.

Recently, Batavia PD spearheaded a compliance check at 10 local establishments that sell alcohol.

All 10 businesses carded the underage buyers and refused to sell liquor to them.

"The fact that all the establishments involved in the compliance check requested identification and refused to sell alcohol is a tribute to our local establishments, their management and employees," the PD said in a statement.

The program was conducted in conjunction with the GCASA Drug Free Communities Coalition and Genesee Community College’s Criminal Justice Program.

The vote is final: The Wiss Hotel building will come down

By Howard B. Owens

Many of the supporters of restoring the Wiss Hotel building on Main Street in Le Roy walked out of Wednesday's village board meeting saying "their minds were made up."

Mike Tucci, Robert Taylor and Jim Bonacquisti all voted to demolish what may be Le Roy's oldest standing commercial building, even though over the past several months, two architects, three contractors and a code enforcement officer all toured the building and said it could be saved.

"They kept moving the goal posts," Trustee Jennifer Keys said after the meeting.

By her calculation, the $132,000 Tucci, Taylor and Bonacquisti voted to expend on destruction of the Wiss equals 8.5 years of the village's community swimming pool fund.

The fee paid to Empire Dismantlement will be pulled from the village reserve fund, according to Mayor Greg Rogers, who, along with Keys, voted no on Bonacquisti's motion to destroy the Wiss.

On Monday, the Le Roy, New York LLC submitted its fifth revised offer to purchase the building so it could be saved and restored.

The new offer answered many of the objects raised by Tucci, Taylor and Bonacquisti.

The offer was written by village resident and Buffalo attorney Chandy Kemp.

"We did everything that was suggested to us to make our offer more appealing," Kemp said. "We identified the parties (of the LLC). We told them where the money was going to come from. We eliminated some of the contingencies. We gave plans about what we intended to do with the property. And they still shot it down. I’m not sure what more we could have done."

At one point, Kemp and her husband, Chris, were thinking of buying the building themselves in order to sidestep any distrust the trustees might have of the LLC. But after touring the building themselves, they realized saving it would be just too much work to take on by themselves, so they joined the LLC.

"I don't think an offer Chris and I would have submitted independent of the LLC, I don't think now, it would be much different," Kemp said. "I'm not convinced we would have been successful. I'm thinking a lot of this, maybe the decision was made a year ago, and a lot of this was just running around until the bids for demolition came in and they knew how much it was going to cost and that just sealed it."

The latest offer also contained the promise of a $500,000 performance bond.

Tucci, Taylor and Bonacquisti all said they respected the hard work of the LLC, that they each gave the issue a lot of thought -- Bonacquisti said he lost sleep over it -- but in the end, tearing the Wiss down was "the right decision."

"In the last 20 years we’ve taken the Sterling Diner down, Vic Bloods has come down, the Millman block has come down, but all Main Street hasn’t come down," Bonacquisti said. "Not only did we survive those buildings coming down, but we’ve gotten better."

Tucci read a prepared statement:

I do have upmost respect for everyone associated with the Le Roy New York LLC. I do appreciate all of their hard work and dedication as to wanting to save this building and make something better of it. They have a passion for Main Street that I hope carries on after this vote. I realize not every one agrees with me with my decision to take it down but I do believe it’s in the best interest of the village. I can only hope people respect my decision and know it’s come with a lot of thought.

Taylor spoke about his 72 years of living in the village and the many hours of his life spent enjoyably at the Wiss, and that he's spoken to a lot of people about the issue.

"My personal opinion, the LLC just picked the wrong building," Taylor said.

Bonacquisti said, "the time for the Wiss has come," and that whatever replaces it will be better.

What replaces it is a complete unknown at this point, though, a point Louis Buono, a supporter of the LLC and owner of the McDonald's franchise in Le Roy, raised later in the meeting.

"There’s not been a plan in place; there’s not been an idea proposed; yet, you ask the LLC over and over againt to formalize a plan which could produce many opportunities here in this village, and yet we’ve heard nothing other than we will demolish the building," Buono said.

"In respect for the other people who spoke in support of saving it," Buono added, "I believe you owe it to the community to explain -- what do you plan to do with that property? -- and not just a commitment saying ‘we will do our best,’ but what is your plan?"

Rogers admitted there is no plan, but by the second meeting in April, the trustees will have a better idea of what will be done going forward.

Previously during the meeting, Rogers said the trustees now have a responsibility to protect the character of the village.

"It's the village board's responsibility to take care of that corner and put something there that makes sense and doesn't destroy the character of this village," Rogers said. "That's our responsibility. That's the five people who sit on this board, that's their responsibility. You have my word that I will work extremely hard not to be an embarrassment. It's a job I take very seriously."

What comes next is the biggest fear the preservationists have. 

"All I’m hearing the board talk about is memories of what it was," said David Damico, a graphic artist who moved to Le Roy in 2008 and is concerned about the village losing its identity. "None of them seem to have any foresight as to what it could be. I think maybe it takes a new person to see that. I want to see this community grow and if we’re tearing everything down, I don’t see how that’s going to happen."

Many fear another Walgreens-type of development, which Selby Davis says, "maimed" the northwest corner of Main and Lake streets.

"It's now something we can do nothing about," she said.

That's also the fear of Chandy Kemp.

"My first reaction is fear," Kemp said. "I'm still afraid of the slippery slope. I trust the mayor and believe and trust his word that he wants to preserve Main Street, but I'm not sure that can be said of the others in the village who may have dollar signs in their eyes. That's my biggest concern, that this is the first step toward major demolition of Main Street, and that's something I would hate to see."

Significant cost expected to clean up former metal recycling facility on Bank Street

By Howard B. Owens

The cost will be significant to clean up a former industrial property at 301 Bank St., Batavia, but it will be the state that picks up the bill, the City Council learned Monday night.

Some 4,000 tons of solid waste needs to be removed and another 20,000 tons of contaminated soil must be dug out and trucked to Texas for incineration.

The current owner of the property, Batavia Waste Material Co., Inc., went into bankruptcy in the mid-1990s. The city could have filed a tax-lien foreclosure in 1999, but the risk was the city would take on the responsibility for clean up of any contamination.

For more than 50 years, the property was used as an iron and metal recycling facility, so the possibility of contamination seemed likely.

"From a city perspective, the situation first involved a Hobson's Choice," said City Attorney George Van Nest. "What do you do? Do you foreclose and maintain municipal ownership, or do you leave it alone for the next 100 years."

The city found a middle way in the early 2000s -- apply for a state grant to hire a consultant to do an environmental assessment and come up with a plan for cleanup. 

Working with the Department of Environmental Conservation, the city hired GZA GeoEnvironmental of New York, based in Buffalo, to take on the study and develop the plan.

It's been a slow process, at a cost of more than $200,000 (city share, 10 percent) because DEC officials have had to approve it each step along the way.

Fieldwork was conducted between January 2006 and December 2010. There were 22 test pits dug, 50 soil probes, seven monitoring wells sunk and some 130 soil, sediment, surface water and groundwater samples collected.

The result -- some significant contamination on some portion of the property, including lead and PCB.

Already, some 40 tons of soil laced with PCB and pesticides have been removed and incinerated in Texas, just to take care of the most pressing issues.

Now the DEC is considering a full-on cleanup and will hold a public meeting at 6:30 p.m., March 20, to present its findings and gather public input. A final "record of decision" will be released March 31.

The cleanup, called remediation, is expected to take as long as 10 years, but when completed, the city will be able to finally foreclose on the property -- valued at about $190,000 -- and then sell it to the highest bidder. CORRECTION: The entire prodcess, starting in 2004, is a 10-year process, so officials expect completion in 2014.

The property is zoned for residential development.

As for who pays for the cleanup, the DEC will use money from the state's Inactive Hazardous Waste Disposal Site Superfund, a pot of money collected from fines and fees paid by polluters. 

Part of the Superfund process for a site cleanup is identifying a "responsible party" who will then be billed to remediate the current site.

"This is the best case, because we don't have to take over the property and be responsible for the cleanup and assume the cost of the cleanup," City Manager Jason Molino said. "In time, we can turn it into residential property."

Top photo: Chris Baron, consultant with GZA GeoEnvironmental.

GCEDC approves incentives for five business expansions

By Howard B. Owens

Reed Batavia Properties, LLC, 39 Washington Ave., Batavia, has been approved for $140,861 in tax incentives for upgrades to its building. Reed purchased the building from Batavia City Schools. The 13,452-square-foot building is the former administration building. Reed will renovate the building for medical/office use. Genesee County is currently designated a Health Professional Shortage Area. The assessed value is $475,000. The property was formerly tax exempted and will become taxable at the current assessed value. Reed will receive a tax abatement PILOT on the increase in assessed value over the current assessed value, which is an anticipated tax savings for Reed of $76,361. Reed will also receive sales tax exemption on construction materials, furniture and fixtures of $52,000 along with a mortgage tax exemption of $12,500. Reed is investing $1.5 million in the project and expected to create six new jobs.

Yancey's Fancy, Inc./D&Y Cheeses, Inc., 857 Main Road, Pembroke, is planning a $10.2 million expansion. GCEDC has approved $980,000 in incentives. The expansion will increase capacity and create new flavors and cheese types. All packaging will be performed at the facility. The company will also build new offices. The current facility is 29,000 square feet. The expansion is 65,000 square feet plus a 25,000-square foot expansion of the second floor. The sales tax exemption is $320,000 with a mortgage tax exemption of $112,500 and PILOT of $547,533. Yancey's Fancy has pledged 50 new jobs within three years.

Darien Lake Theme Park, is investing $5.2 million in new rides and upgrades to the park and accommodations. The company will receive a $328,939 incentive package through GCEDC. The project includes construction of new cabins, a new "launch ride," and a laser light attraction. The upgrades are expected to take three years to complete. GCEDC has approved a sales tax exemption of $181,600 and a PILOT of $147,339. Darien Lake provides more 400 full-time equivalent jobs, including 2,000 seasonal workers. The expansion is expected to create six new jobs and retain 422 FTEs.

Fontrick Door, Inc., 9 Apollo Drive, Batavia, is expanding through acquisition of the building at 1 Treadeasy Ave., Batavia. Frontrick Door is investing $500,000 to purchase the $31,919-square-foot building, where it plans to develop a window manufacturing location in 2014. GCEDC has authorized a mortgage tax exemption of $6,250. 

Bonduelle is planning to make a $3.2 million capital investment in its plants in Oakfield, Bergen and Brockport. This is mainly a retention project to upgrade facilities, according to GCEDC. The majority of the investment will be made at the Oakfield plant, where a lima bean line will be installed. Bonduelle has secured contracts with farmers for 2,500 acres of lima bean production. The upgrades are expected to lead to 12 new seasonal -- five months -- jobs in Oakfield. Bonduelle is receiving a $250,000 grant for the project. Jobs retained: 305.

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