Lawyers for Genesee County and the Town of Batavia are in the final stages of drafting an amended and restated water agreement – a document that, if completed in time, will be considered by the Town Board at a special meeting at 5:30 p.m. Thursday at the Town Hall on West Main Street Road.

According to Genesee County Attorney Kevin Earl, the amended agreement that will govern the Town’s water usage will focus on making sure the municipality (and all towns and villages in the county, for that matter) understand that the county is unable to supply an unlimited amount of water and that the county has the flexibility to increase the surcharge that municipalities pay.

“The county needs the flexibility to increase the surcharge (currently at 60 cents per thousand gallons of water) and ensure that everybody pays the same price,” Earl said. “The restated agreement will have a provision that the county has to give 120 days prior notice to the towns and villages of a price increase and, as part of the master plan, explain why an increase is necessary.”

Earl is working with Batavia Town Attorney Andrew Meier on finalizing the agreement.

County Manager Jay Gsell said that the next phase in the distribution of water calls for an increase of about 2.5 million gallons per day on top of the 8.1 million gallon currently supplied to county users as a result of agreements with the Monroe County Water Authority, Erie County Water Authority and the City’s water treatment facility.

“We’re estimating a surcharge increase of 60 to 80 cents per thousand,” Gsell said, “which is to be used for water system improvements only and to pay off the debt service of $20 million from 1999-2000.”

Gsell noted that future phases over the next five to 10 years are expected to increase the supply to 15 million to 20 million gallons per day.

Should municipalities approve the amended and restated agreements over the next several weeks, the earliest date of any surcharge increase would be June 2018, Earl said, due to the 120-day notice provision.

Earl said the many industrial development projects in the county will drive up the demand for water in the future, and that the county is planning to spend the money required to meet the demand.

Those projects/sites include the STAMP (Science, Technology and Advanced Manufacturing Park) site in the Town of Alabama, Genesee Valley Agri-Business Park, Buffalo East Tech Park, and increased need in areas such as Bethany, Alabama, Darien and Town of Batavia, as well as the possible replacement (to increase the capacity) of the City water plant.

STORY UPDATED: 12:30 p.m.

Police are trying to locate the driver of a vehicle that struck a jogger on Richmond Avenue near the Blind School at 5:09 a.m., Friday.

Batavia PD is unable to provide a vehicle description or information on whether the vehicle was damaged. 

A Good Samaritan who stopped to assist the jogger, Rosemary Demske, did not see the vehicle that struck her. He thinks.

Glen Enouen, an employee of Scalia's Landscaping who was working that morning driving a snowplow truck, said he was heading back to his route after going to the company's shop on Bank Street Road to repair a plow controller. Heading back, he turned the corner on Richmond and found a car stopped in the middle of the road.

The driver told him a woman had just been struck by a car.

He said he and the other man helped Demske into his plow truck and Enouen proceeded to call 9-1-1.

Asked if the car driver might have been the driver who struck Demske, he said he didn't know. 

"Other than he said, 'don't bother with the phone' and he didn't stick around, I don't know," Enouen said. He said the driver disappeared as soon as he heard sirens.

"I didn't see him leave," Enouen said. "I heard the sirens, looked around and he was gone."

Enouen said he didn't take a good look at the car.

"I didn't have any reason at the time to look deeper than helping that lady out," Enouen said.

A family member said Demske and her husband, John, are avid joggers. 

"They both are very generous with their time volunteering in the community," said her sister-in-law, Michele Bettendorf. "Rosemary is a special education aide in the Batavia School District. She also volunteers at the Genesee Animal Shelter and is involved in their Pet Therapy Program. She is an active member of Resurrection Parish serving as Eucharistic Minister/RCIA Instructor."

When Demske was struck she was thrown to the other side of the street, Bettendorf said.

She suffered a broken tibia, her entire left side was bruised and she has two black eyes, Bettendorf said.

"Rosemary is very thankful that he (Enouen) was there to help her," Bettendorf said.  

Anyone with information that may assist in the investigation is asked to call Batavia PD at (585) 345-6350 and ask to speak with a supervisor any time of day or night.

In a press release, police officials said, "As a reminder to residents please keep sidewalks shoveled for pedestrians. Pedestrians please use sidewalks and if you have to be on the roadway walk facing traffic with reflective outerwear."

A Subaru Outlander is reportedly in a pond off of Feeder Road, near Klossen Road, or perhaps Meadville Road, in the Tonawanda Wildlife Management Area.

The caller apparently reports being in the area of Meadville, but dispatchers say the phone signal is closer to Feeder Road and Klossen Road.

The callers say they are unable to exit the vehicle.

State Police, Alabama fire, Wolcottsville fire, Mercy EMS dispatched.

UPDATE 10:52 a.m.: There is water in the vehicle, but it is not sinking. There are two people in the vehicle. One is disabled.

UPDATE 11 a.m.: Alabama fire on location. One vehicle partially in the water, hanging over the bank.

UPDATE 11:02 a.m.: Confirmed, two people in the vehicle. No injuries. First responders stabilizing the vehicle until more help arrives.

Earlier this month, Batavia Bootery hosted "Boots & Bourbon," a special event where guests could taste-test various bourbons and shop for shoes and boots at the store.

The store donated $15 from every pair of boots and shoes sold to the Arc of Genesee Orleans, raising $635.

Yesterday, Don Brown presented the check to Shelley Falitico, director of Development & Community Relations for Arc.

Batavia City Council, in an effort to get a "head start" on the task of finding a new city manager, has called an executive session for 7 p.m. Wednesday at the City Centre Council Board Room.

Officially designated as a special business meeting, the session will not be open to the public, Council President Eugene Jankowski said this afternoon.

"This will be completely an executive session, since there has been no gathering of Council to discuss the next step (in light of Jason Molino's resignation on Dec. 18)," Jankowski said. "Our thought is to get a head start on everything that needs to be done to find a successor -- which procedures to follow, Jason's exit plan and the best direction to take."

The Tompkins County Legislature formally appointed Molino as the new Tompkins County Administrator on Dec. 19, effective Jan. 29.

Jankowski said Molino will be an "integral part" of Wednesday's informational meeting, which he said was proper since this deals with a "personnel matter."

"I just talked to Jason about an hour ago, and he said that his concern is that the city is left in proper hands when he leaves," said Jankowski, adding that he wasn't sure of Molino's last day on the job in Batavia.

(The Batavian has just learned that Molino's last day as city manager will be Jan. 12).

The council president said it was imperative that all council members "get on the same page to weigh all of our options."

Those options include whether or not to hire a job search consultant, whether or not to appoint an interim city manager, and whether or not to focus on the city manager appointment and put the vacant assistant city manager position on hold.

"Hopefully, as a result of the executive session, will be able to discuss the situation publicly at the January 8th meeting," Jankowski said. "As of right now, there are a lot of unanswered questions."

Press release from the city's Bureau of Maintenance:

The City of Batavia will be picking up Christmas trees during the month of January as weather and operations permit.

Important information regarding Christmas tree removal:

• We can only pick up real trees. No artificial trees.

• Residents are to place trees in the parkway near the curb. Keep trees out of the roadway and clear of sidewalks.

• Residents placing trees out will strip the trees of all decorations, lights, stands and bags. These items damage chipping equipment. Contact your waste disposal company for information on the proper disposal of these items.

• If high winds are forecasted, delay putting trees out until after winds have subsided. Trees in the road and across sidewalks are a hazards to motorists and pedestrians.

• Keep trees free of snow and ice so they are visible and do not become frozen to the ground.

• Please, have trees out for pick up before Jan. 31 (last day of pickup).

Press release:

There have been several phone calls to my office regarding the pre-payment of 2018 Town/County property taxes to be paid to the Town Tax Collector before Dec. 31, 2017.

• The new Federal Income Tax Law will only affect an estimated 10-15 percent of the population in Genesee County as far as the SALT deduction. The law allows taxpayers to deduct up to $10,000 a year in a combined New York State income tax and property taxes. So if your deduction of those taxes are less than the $10,000, it probably doesn’t make sense to pay your 2018 taxes early. For example, if your 2018 town/county, school and village taxes are $2,500 and your total New York State taxes paid will be $3,500 = $6,000. Total taxes paid are $6,000 which is less than the maximum $10,000 allowed; therefore your taxes would still be deductible on your 2018 tax return.
• It is unclear whether or not the IRS will allow a deduction of pre-payment of 2018 taxes on your 2017 tax return; please consult your tax accountant for clarification.
• The tax bills are effective for the county fiscal year of Jan. 1, 2018 – Dec. 31, 2018. Payment for these taxes should be made Jan. 1 or after.
• This law has no effect on residents of the City of Batavia since city/county tax warrant isn’t until May.

Friedman announced his intention to step down after this term in a press release today about a swearing-in ceremony Thursday afternoon for himself and his staff.

At the ceremony, Melissa Cianfrini will be sworn in as first assistant district attorney. The position didn't exist for a couple of years before the County Legislature agreed to fund the position for 2018.

Besides Friedman and Cianfrini, also taking the oath will be assistants Robert Zickl, Kevin Finnell, and Shirley Gorman.

Friedman was reelected to his sixth four-year term in November.

Administering the oath will be County Clerk Michael Cianfrini, husband of Melissa Cianfrini.

The ceremony is at 1:30 p.m. in the County Courtroom.

Photo: File photo.

Bruce Doug Seelau, 69, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, leaving scene of property damage accident, moving from lane unsafely, and speed not reasonable and prudent. Deputy Ryan Young responded to a report of a single-vehicle accident at 2:34 a.m. Saturday on South Lake Road, Pembroke, and found a vehicle on its side. Seelau was identified as the driver. Neither Seelau nor a passenger were injured. 

Collin Ronald Wickings, 24, of Clinton Street Road, Bergen, is charged with violation of a court order. Wickings allegedly had a third party contact two people he was ordered not to contact by court order.

David Joseph Michael Welninski, 23, of Ballard Road, Fillmore, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, and failure to keep right. Welninski was charged following an investigation by Deputy Ryan DeLong into a single-vehicle accident reported at 9:23 p.m. July 15 on Lake Street Road, Le Roy.

Lee Carl Zimmerman, 47, of South Lake Avenue, Bergen, is charged with harassment, 2nd. Zimmerman is accused of shoving another person during an incident reported at 12:25 a.m. Friday at a location on Lake Avenue, Bergen.

City firefighters, above, were among the firefighters, medical personnel, and police officers who received free pizza today from staff members of Batavia's Original, while they worked on Christmas Day.

This is the third year Tom Scott, one of the managers at Batavia's Original, with the support of owner Kathy Ferrara, led members of the staff in the donation of pizza to first responders on Christmas Day. Helping this year were Bailee Welker and Marc Tillery.  

Pizzas were delivered to City Fire, Batavia PD, the Sheriff's Office, UMMC, and State Police.

Photos by Marc Tillery.

Today, as we've done for the past five years, we pay tribute to the first responders who put their lives at risk every day to help keep us all safe.  Here is a slideshow of photos from throughout 2017 of first responders on the job, providing community service and in training.

A car has reportedly hit a tree near mile marker 393.7, off the eastbound lane of the Thruway.

There was airbag deployment.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 11:30 p.m.: Occupants are out of the vehicle. Ambulance can respond non-emergency for patient evaluation.

UPDATE 11:40 p.m.: Assignment back in service.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003.

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.
• 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. 

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

A "physical confrontation" is reported at 1 State St. "in the common area" between a resident and a visitor concerning Christmas presents. "'Tis the season, be in route," said a city police officer, a couple of moments before two units arrived on scene.

Harpoon Brewery in collaboration with Big Ditch Brewing is releasing a new beer this month, Rivalry IPA, to celebrate the long-standing rivalry between the Buffalo Bills and New England Patriots. It was released just before today's game between the two teams.

One hundred of the malts used in the beer come from Batavia-based New York Craft Malts, the malting house of Ted and Patricia Hawley on Bank Street Road.

The IPA will be available in taprooms throughout WNY and New England just days before the big game.

Photo courtesy Ted Hawley.