A 61-year-old woman suffered arm and leg injuries last night when her own car ran over her in the driveway of her home on Edgewood Drive, Batavia.

A Sheriff's Office accident report says Roxanne Winegar thought she had put her car into park before exiting her vehicle at 11:04 p.m. The vehicle was still in gear and it rolled backward. Winegar was knocked to the ground by the driver's side door then a tire ran over her arm and leg.

She was taken by Mercy EMS to UMMC.

We were not able to obtain her current medical status from UMMC.

Town of Batavia fire also responded to the scene.

The accident was investigated by Deputy Travis Demuth.

(Initial Report)

Below are some previous litigation highlights: 

• A $1.275 million settlement was reached during trial for a plasterer/drywall finisher who was injured while working inside of a building. Our client suffered serious injuries to his back, neck, knee and wrist as a result of a fall down a wet staircase, a condition that had been created by the building owner. 
• A $1.25 million settlement was reached on behalf of a satellite dish Installer who suffered a herniated disc in his back. Our client was performing an installation when icy conditions at his work site caused him to fall. 
• A $1.2 million verdict was reached on behalf of a Laborers’ Local 210 laborer who suffered serious shoulder and neck injuries as a result of a fall at a job site. Our client was performing renovation work in an existing structure when the ceiling collapsed onto him, knocking him off his ladder and down onto the ground below. 
• A $950,000 settlement was reach on behalf of a roofer who suffered back, shoulder, and knee injuries. Our client was removing an existing roof from a commercial structure when it collapsed beneath him sending him crashing through to the concrete below. 

Please call Kristin Allen at 585-815-9003 for any of your workers’ compensation needs.

Press release:

On Thursday, Oct. 12, the City of Batavia Water Department along with United Memorial Medical Center will be replacing valves on the main water line on Bank Street.

Water service will be interrupted on Bank Street from East Main Street to Washington Avenue. Bank Street will be closed to traffic at 6:30 a.m. from the Mall parking lot to Alva Place until repairs are complete. Please avoid the area if possible.

Every effort will be made to keep water service interruption to a minimum. This work may result in a period of discolored water in this general area after service is restored.

Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

An elderly female was run over by a vehicle in the driveway in the 100 block at a double-digit address on Edgewood Drive, Batavia, and Mercy medics are responding.

UPDATE 11:33 p.m.: The woman is being transported by ambulance to a local hospital.

Unless the subject is brought to the table in the coming weeks – and that is a possibility – Batavia City Manager Jason Molino will not be getting a raise this year.

Tonight City Council voted 5-4 against a 2.75-percent salary increase for Molino, who has been instrumental in the community’s Downtown resurgence, which recently was punctuated by a $10 million Downtown Revitalization Initiative award from New York State.

Council members Rose Mary Christian, Kathleen Briggs, Al McGinnis, Paul Viele and Robert Bialkowski voted “no” to the raise, while Adam Tabelski, John Canale, Pattie Pacino and Council President Eugene Jankowski voted “yes.”

The 2.75-percent hike, which was in the city budget, would have upped Molino’s annual pay from $93,782 – reportedly the lowest salary for a city manager in the state – to $96,361.

Even before the resolution came up in the meeting, Christian took the floor, stating that she had “some questions” about the process because it is the “taxpayers’ money.” Jankowski cut her off, and said that everything would be covered in executive session after the public meeting.

When the matter came up again (it was the last resolution on the agenda), Bialkowski contended that the raise had not been presented in the form of a resolution as required by the City Charter. Both Jankowski and Molino countered that it was put forth as a draft resolution in July – a fact confirmed by this reporter’s check of the July Conference Meeting agenda.

Bialkowski made a motion to delay the vote again, but that was defeated 6-3, after Christian questioned whether some on the Council up for election this year wanted to wait "because if it's passed now, you won't get elected."

She also, once again, questioned the process used to determine raises.

“I don’t like the system and I don’t like the 2.75 percent,” she said. “This comes up every January, so we go to the next budget, and they say we gave Jason 2.75 percent, so we have to give the department heads the same 2.75.”

Jankowski said that January is the time to discuss that and that Council is in the “process of changing the procedure, which will be talked about in executive session.”

Following the meeting, Jankowski said he previously asked that the vote be delayed to the fall since he knew he was going to miss a meeting and “wanted to be here to vote on it because it is controversial.”

“I wanted my intentions to be known, which were to reward the city manager for his proper work over the last year – it was budgeted for in January for him getting a favorable evaluation, which he did receive,” Jankowski said. “So I felt obligated to honor that contract.”

Jankowski and Bialkowski both said they thought the issue could be presented to Council again, with the former stating that he was going to explore the options going forward.

Molino, contacted by phone after the executive session, did not want to comment on the record.

Hired in July 2006, Molino is responsible for a workforce of about 140 (full-time equivalents) and manages a $25 million budget. The city’s budget presentation was honored for the third straight year by Government Finance Officers Association (see press release below).

In other developments, Council:

-- Heard a report on the city’s audit for the fiscal year ending March 31, 2017, which produced “overall positive results,” said Laura Landers, CPA, of Freed Maxick.

“The unassigned fund balances put the city in a stable position,” said Landers, who highlighted the community’s statement of net position for its general, water and sewer funds.

Landers said the city was required to have a full audit this year – and likely for the next few years – because it expended more than $750,000 in federal Department of Transportation funds.

On the general fund, she said revenues of $16.2 million were less than expenditures of $17.6 million, thus decreasing the fund balance to $7.1 million, but that was done by design.

“It was a planned use of reserves of almost $1.7 million for sidewalks, capital improvements, and equipment,” Landers said, as well as for (as Molino pointed out), a fire truck and health-care expenses.

Landers noted that actual revenues were slightly less than budgeted, sales tax revenue also came in less than budgeted and expenditures – continuing a 10-year trend – also were less than the budgeted figure.

Of the $7.1 million fund balance, $1.8 million is unassigned, meaning that it can be used for whatever City Council wishes, Landers said.

Both the water and sewer funds showed operating surpluses, and have $2.4 million and $3.5 million in funds restricted for capital improvements, Landers said.

-- Was updated by Molino on the progress of the $10 million in DRI funds that were awarded to the city last week when Gov. Andrew Cuomo was in town.

Molino said the state has selected a consultant, LaBella Associates, a Western New York firm which has done work in the past for the Town and City of Batavia, and will be choosing a steering committee in the next couple weeks with the goal of submitting projects to the governor’s office.

“It’s a rough process – similar to a Request for Proposal process with certain criteria,” he said. “I would think that less is more in order to be able to evaluate projects, but there’s really not a lot of concrete information to give you at this point.”

Still, the program is on a fast track, Molino said, as recommendations are expected to be sent to Albany by February.

-- Voted unanimously to adopt the updated Comprehensive Plan after learning that some grammatical and formatting errors in the 100-plus-page document will be rectified and that all items, particularly form-based codes, will have to be brought before Council prior to being implemented.

Bialkowski said he was dismayed that errors existed in the document in light of the fact that Council authorized spending $100,000 for outside consultants to update the plan for the first time in about 20 years.

-- Voted to release five properties sold at auction to the highest bidders as follows: 29 Brooklyn Ave., Louie Kingsbury, $4,000; 200 S. Swan St., Geib Corporation, $20,000; 1 Watson St., Justin and Yasmeen Calmes, $13,500; 46 Swan St., Justin and Yasmeen Calmes, $1,500; and 2 Willow St., Robert Fritschi, $19,000.

Press release:

New York Sea Grant, the Syracuse University Environmental Finance Center, and the Genesee/Finger Lakes Regional Planning Council will offer a new hands-on resiliency building training at the daylong Genesee/Finger Lakes Regional Planning Council Regional Local Government Workshop on Friday, from 8 a.m. to 6 p.m., Nov. 17, in Batavia.

Preregistration is requested by Nov. 7. It will be held at the Quality Inn & Suites on Park Road in Batavia.

Attendees will participate in interactive scenario-building and decision-making exercises and develop response strategies to better prepare for impacts on natural and built environments during extreme weather events and other community challenges.

Small group discussions will include how a community can save money on flood insurance, information about the New York State Risk Assessment Tool, and details on the Flood Smart Community and Climate Smart Community programs.

The resiliency training sessions will include representatives from the National Weather Service, New York State Department of Environmental Conservation and Department of State, and the Town of Greece.

"We are pleased to partner with New York Sea Grant, the Syracuse University Environmental Finance Center, and all the resiliency track presenters to help regional communities reduce areas of vulnerability and better prepare to preempt or manage future extreme events," said David S. Zorn, executive director of the Genesee/Finger Lakes Regional Planning Council.

The resiliency track is one of three distinct tracks offered at this semi-annual Regional Local Government Workshop cosponsored by the nine counties of the Genesee-Finger Lakes region.

For registration details, questions and more information, contact David S. Zorn, 585-454-0190, ext. 14, dave.zorn@gflrpc.org, or visit http://www.gflrpc.org/fallworkshop.html.

New York Sea Grant is a cooperative program of Cornell University and the State University of New York, and one of 33 university-based programs under the National Sea Grant College Program of the National Oceanic and Atmospheric Administration.

For updates on New York Sea Grant Great Lakes and marine district activities, visit www.nyseagrant.org. For more information on the NYSG Great Lakes Coastal Community Development Program, see www.nyseagrant.org/ccd.

Press release: 

The City of Batavia is proud to announce that the Government Finance Officers Association of the United States and Canada (GFOA) announced that the City of Batavia has received the GFOA's Distinguished Budget Presentation Award for its budget presentation for the third consecutive year.

The award represents a significant achievement by the City. It reflects the commitment of the City Council and staff to meeting the highest principles of governmental budgeting.

In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the City’s budget serves as:

• A policy document

• A financial plan

• An operations guide

• A communications device

Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory criteria within those categories, to receive the award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America.

The City of Batavia is one of only three cities in the State of New York to achieve this award. In total there are only eight municipal recipients of the award in New York State. The award is the highest form of recognition in governmental budgeting.

The Government Finance Officers Association is a major professional association servicing the needs of more than 19,000 appointed and elected local, state, and provincial-level government officials and other finance practitioners.

It provides top-quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, with offices in Washington, D.C. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. 

Photos taken over last weekend by Steve Ognibene.

According to county Highway Superintendent Tim Hens, the River Street Bridge Project will be completed next month and is scheduled to be open to traffic by Nov. 10th.

Deck concrete is curing now, he said this afternoon, and workers still have the guide rail to put up; gas line has to be attached; and the street/curb repairs near the bridge must be completed.

The contract price is still unchanged from the award at $1,419,581.

After issuing a press release yesterday, WXXI changed the air dates today. See changes below.

Oliver's Candies and P.W. Minor will be featured in upcoming segments on "Homework Hotline," WXXI’s live statewide educational television program.

It provides students in grades four through 12 with the tools needed to succeed in school and will look at four Western New York businesses, two in Genesee County. They are part of a series of video segments that show how everyday items are made.

The features will air as part of "Homework Hotline" at 4:30 p.m. on Wednesdays, Oct. 18 25 through Nov. 9 15 on WXXI-TV and online at homeworkhotline.org. 

On Oct. 25 (NOT the 18th) Oliver’s Candies will be featured. The segment shares how the Batavia candy company got started and how they are still making the same candy that was made in 1932. And, viewers will get a closer look to see how peanut brittle is made.

On Nov. 1 (NOT Oct. 25) P.W. Minor will be featured, offering viewers a firsthand look at how this 150-year old Batavia shoe company’s hands-on process hasn’t changed much since they first began.

These segments will be available online at homeworkhotline.org once they have aired.

Produced by WXXI in partnership with Rochester Teachers Association (RTA), "Homework Hotline" supports academic achievement across a variety of New York State Learning Standards. Teachers from the Rochester City School District host the show – teaching mini lessons in various curriculum topics to give more depth to problem solving and complex content. To learn more about "Homework Hotline," visit: homeworkhotline.org.

"Homework Hotline" is made possible with state funding provided by the New York State United Teachers (NYSUT) and local support from Rochester Teachers Association.

A two-car accident with injuries is reported at​ East Main and Bank streets in Downtown Batavia. City fire and Mercy medics are responding.

Affordable Floorcovering, in Batavia, is turning 20 this year, giving customers deals to celebrate the anniversary.

Jeffery Ackerman started the family-run business in 1997, with the mission of providing good, quality floor coverings, with a huge cost savings.

Affordable Floorcovering is currently owned by Bruce Robertson and Dave Kaczmarak, both residents of Warsaw.

Robertson and Kaczmarak have known each other for more than 14 years. They met when their daughters were in third grade.  

They bought the store from Ackerman in 2015, located at 4152 W. Main Street Road in Batavia.

“The opportunity came up where we could go into business together,” Robertson said.

Kaczmarak has been installing for Affordable Floorcovering for more than 23 years. He had been a previous store owner, and wanted to get back into owning one. Robertson said he always wanted to own a business.

“[The opportunity] came up and we both just wanted to take advantage of it,” Robertson said.

Affordable Floorcovering is a discount-warehouse-style flooring store, specializing in low-cost alternatives to regular retail stores. They sell, carpet, tile, wood and laminate flooring. They deal directly with the major manufacturers’ outlet departments, bringing customers savings.

It's also a green company, committed to preserving the environment.

Robertson said they have been busy running the store, so they haven’t made plans to celebrate the 20th anniversary. Instead, they have planned to promote the anniversary and are running deals and specials throughout the rest of the year.

“We wanted to pass it onto the customers, instead of celebrating it ourselves,” Robertson said.

Affordable Floorcovering is open Monday, Wednesday and Friday from 8 a.m. until 6 p.m., Tuesday and Thursday from 8 a.m. until 7 p.m., and Saturday from 8 a.m. until 3 p.m. The website is located here. 

When they took over the store in 2015, Robertson said they added a computer, which was something that Ackerman did not put in at the time.  

“Other than that, I wouldn’t say there are a lot of differences,” Robertson said.

Robertson said the way they go about business, trying to bring in more business, is different.

“We’re just trying to bring in new business, keep stuff new and fresh as much as we can,” Robertson said. “We try to keep the prices the same as before, always affordable.

Press release:

State Senator Michael H. Ranzenhofer today has announced $415,000 in state funding for three fire departments in Genesee County. 

“Today’s announced state investment will assist local fire departments and defray a major portion of expenses for important capital projects, while preventing a higher property tax burden for local homeowners,” Ranzenhofer said.

Oct. 8th marks the start of Fire Prevention Week. This year’s theme is "Every Second Counts: Plan 2 Ways Out!"

“Our volunteer firefighters are dedicated, and they are working tirelessly to protect and serve our communities each and every day,” Ranzenhofer said. “This financial support will ensure that life-saving services will continue to be available for Genesee County residents, businesses and visitors.”

Fire departments receiving grants include:

Alabama Fire Department: $165,000
The Alabama Fire Department will use the funds for a major capital project to upgrade the fire hall and build an addition for storage requirements. The project includes structure repairs, new insulation and windows, replacing a 31-year-old furnace, upgrading outdated plumbing and reworking electrical systems. 

The upgrades will make the department compliant with the Americans with Disabilities Act and National Fire Prevention Association recommendations for personal protection equipment storage. The improvements are estimated to save thousands of dollars per year due to lower energy bills and maintenance expenses.

“Our Fire Department faces challenges – from potential emergencies from the ever increasing trucks carrying chemicals, gasoline, and ethanol through our area to anticipated growth from the WNY STAMP Project. Senator Ranzenhofer’s grant will help to update our aging infrastructure. This state funding allows our volunteer firefighters to be better prepared, without passing additional costs to local property taxpayers,” said Alabama Fire Department President Robert Crossen.

The total cost is projected to be $236,000. A groundbreaking is tentatively planned for January. The project should be completed in six months.

Stafford Volunteer Fire Department: $150,000
The funding will be used for facility upgrades at Stafford Fire Department, including:

• Replacement of the original fire station roof;

• Improvements to damaged blacktop; and

• New energy-saving LED exterior lighting.

“Stafford Fire Department is very appreciative of the efforts of Senator Ranzenhofer in securing these much needed funds. We have been a financially secure organization for many decades with low town taxes due to our very successful antique car raffle. Supposed changes to the enforcement of charitable gaming laws have brought that to an abrupt end, burdening our local taxpayers. These funds will help our organization’s ability to respond at peak levels,” said Stafford Fire Department President James Call. 

The project is expected to start in April and be completed by next September. The project’s total cost is estimated at $225,000. 

Le Roy Fire District: $100,000
The Le Roy Fire District is planning to acquire land to expand parking and storage areas for fire safety equipment. The existing fire station – located at the intersection of routes 5 and 19 in the Village of Le Roy– is virtually landlocked, limiting the District’s capabilities. The existing parking area lacks enough spaces for firefighters to park their personal vehicles during an emergency response call.

“By acquiring property, the opportunity for future expansion will be assured, while meeting the immediate safety needs by providing zones for both emergency personnel accessing apparatus and the general public during operations from the station. Receiving this grant will allow us to complete the preliminary work and provide the needed additional financing to extend a purchase offer on the property,” said Le Roy Fire District Commissioner Gerald Diskin.

A Perry woman accused of recklessly causing serious physical injury to a male victim by means of a motor vehicle on Fargo Road, Stafford, in June 2016, entered a guilty plea in Genesee County Court today one count of attempted assault in the second degree.

Nicole Sullivan, 31, appeared in court today for an evidentiary hearing in advance of a criminal trial, but before the hearing agreed to the plea deal, which has no sentencing cap. Since she has no prior felonies, the Class E felony conviction carries of a possible prison sentence of one-and-a-half to four years, or one to three years with up to five years probation.

Sullivan was arrested 10 months after the June 10, 2016, accident in which she ran her car into a tree on Fargo Road with a disabled person as a passenger. She was also charged with endangering the welfare of an incompetent or physically disabled person.

While out of jail awaiting further legal proceedings Sullivan was arrested again and accused of taking part in a scheme to steal $700 in phone cases from Walmart.

Today's plea satisfies the charges from the 2016 crash and the theft from Walmart.

With her arrest, Sullivan's release status was revoked and she was ordered held on $5,000 bail or $10,000 bond. Judge Charles Zambito agreed to reduce her bond to $5,000, but not without a warning.

"I don't know if I'm going to sentence you to prison," Zambito said. "I have to read the pre-sentence report. If you make it out on bail and don't come back for your sentencing, you're going to get the maximum prison sentence."

Sullivan said she understood.

Jacob J. Camerera, 26, of Ross Street, Batavia, is charged with unlawful possession of marijuana and unlawfully growing cannabis. Camerera was arrested after police responded to a neighbor illegally burning garbage at 10:03 a.m., Sunday. While Officer Mark Lawrence and Sgt. Daniel Coffey were explaining the violation of the Batavia Municipal Code, they noticed marijuana plants growing on the roof of Camerera's residence. Camerera was issued an appearance ticket and released.

Guy J. Bontrager, 46, of Werner Road, Attica, is charged with trespass. Bontrager allegedly drove an ATV on leased property on Spring Road, Alexander, without permission at 5:48 p.m. Oct. 1 causing inconvenience to deer hunters in the area.

Woodrow C. Horseman, 41, of Porter Avenue, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Horseman allegedly pushed another person against a wall and then threw that person's phone in the road when the person tried to call the police. The incident was reported at 3:17 p.m., Thursday.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman was allegedly involved in a domestic incident at 9:50 a.m. Thursday on South Spruce Street, Batavia.

Sy Jesman T. Brown, 32, of Rochester, is charged with criminal impersonation. Brown was arrested by State Police following a traffic stop on the I-490 in Le Roy at 9:15 a.m., Sunday. Also arrested and charged with criminal impersonation, 31-year-old Natassia V. Travis, of Rochester. Karaya D. Cummings, 28, of Rochester, was charged with criminal possession of a controlled substance and aggravated unlicensed operation. All were ordered held on bail. No further details released.

St. James Episcopal Church will host a Blessing of the Animals at 10 a.m., Saturday. All pets are welcome.

The event will be held on the church's front lawn. All pets must be leashed or in a cage. If you can't bring your pet, you are encouraged to bring a picture.

Diane Cox wrote this about the event:

A procession of animals, everything from dogs and cats to hamsters and even horses, is led to churches for a special ceremony called the Blessing of Pets. This custom is conducted in remembrance of Saint Francis of Assisi’s love for all creatures.

Francis, whose feast day is celebrated in October loved the larks flying about his hilltop town. He and his early brothers, staying in a small hovel, allowed themselves to be displaced by a donkey.

For single householders, a pet (aka furbaby) can be a true companion. Many people arrive home from work to find their furbaby overjoyed at their return. Many a senior has a lap filled with a purring fellow creature.

Our furbabies are family: we love them, we talk to them, you can purchase health insurance for them, we now have human choices in veterinarian health care, pet therapy; we grieve for when they cross the rainbow bridge, and we can choose for them to be laid to rest with us. 

The bond between person and furbaby is like no other relationship because the communication between fellow creatures is at its most basic. Eye-to-eye, a man and his dog, or a woman and her cat, are two creatures of love.

A motor-vehicle accident with unknown injuries is reported at 7762 Clinton Street Road, Bergen. 

Bergen fire and ambulance dispatched.