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Genesee ARC will receive tax-exempt status for West Main property after all

By Howard B. Owens

Genesee ARC will be able to claim its recycling center at 3785 W. Main St. Road, Batavia, as a tax-exempt property despite missing an important deadline.

According to the county's Deputy Treasurer Matt Landers the nonprofit organization failed to apply for tax-exempt status on the property by the tax status deadline date.

As a result, three local government agencies included in their budgets anticipated revenue from the 5.3-acre parcel, which has an accessed value of $860,000.

When ARC asked to receive tax-exempt status, Landers said his initial reaction was "no," because of the budget concerns.

Then a staff member found a legal opinion that states that an owner is eligible for reconsideration of tax-exempt status after a missed deadline if the assessor concurs in writing that the property was eligible on the tax status date.

The decision wipes out more than $30,000 of anticipated revenue for local governments.

Batavia City Schools anticipated in its 2012-2013 budget revenue of $21,543.07.

According to Landers, district officials, when faced with the revenue loss, double checked the legal opinion and reached the same conclusion as the county Assessor's Office.

The county was set to receive in 2013 $3,650.37 in Medicaid mandate taxes and another $4,189.84 in county property tax.

The Town of Batavia Fire District will see its revenue for 2013 drop by $2,012.36.

Genesee ARC held its grand opening for its new recycling facility on West Main, formally a location for Duro Shed, in September.

Sally Waldron

Actually Tim, if you read the letter that ARC posted in response to the trash episode, Donna S. stated that they met the deadline but the city said that it wasn't sufficient enough to suite their specifications, took a verbal agreement and still said that ARC missed the deadline.

Jan 30, 2013, 8:23pm Permalink
Kyle Couchman

So Tim? He said one thing, she said another so that means the truth lies somewhere in the middle. However judging from the email I saw that Mr. Ogeen referred to in his comments, it seems that ARC's story is borne out as truth since NYSID claims they helped submit it within the 10 day timeframe....

Jan 30, 2013, 9:15pm Permalink

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