City and county officials are largely in agreement on how sales tax should be distributed among the various local governments that have been part of a sharing agreement for nearly two decades, City Manager Jason Molino said last night.

The current agreement is about to expire and there are still details to be worked out, however, plus time is needed to draft new legal agreements before elected officials can approve a new plan, so the City Council is being asked to approve a temporary extension to the current agreement.

The County Legislature will also need to approve a temporary extension.

There is a working group of top managers with city and county working on the details, not only of the sales tax sharing agreement but also agreements dealing with water distribution and use of the city's wastewater treatment facility. The deals have previously been interconnected because of the mutual interest of all parties cooperating on these initiatives, Molino said.

"It is in everybody’s self-interest to have an agreed upon agreement in place for sales tax distribution," Molino said. "No one benefits from these agreements going away. There is a form and fashion they have to take with new terms and conditions, but it’s in everyone’s best interest to work out a distribution that is equal and fair to everyone."

Currently, there is an 8 percent sales tax in Genesee County. Of that, 4 percent is mandated by the state and so the money goes to the state. The county keeps 2 percent; of the remaining 2 percent, the city gets about 1/3 of it and the other 2/3 is divided among the county's town and village governments.

The city's share comes to about $6 million annually.

Work on a new agreement started in the fall. The temporary extension, once approved by both City and County, will keep it in place through December 2018.

"There's a loose dog killing his neighbor's chickens -- occuring now," says a dispatcher about a call just received. The incident is at 2414 Walker Road, Alexander. Sheriff's deputies are responding.

UPDATE 12:05 p.m.: An officer at the scene reports the dog has tags, but he can't get close to the dog (to read them). An animal control officer is responding.

UPDATE 12:08 p.m.: The officer is able to read the phone number of the dog's owner on a tag and provides it to the dispatcher.

The city continues to be dogged by vacant, abandoned and unkempt residential properties, prompting a City Council conversation Tuesday night about the city's progress on a few specific nuisance properties.

City Manager Jason Molino said the city's effort to deal with so-called zombie houses is making progress, but it's a "slow-moving train."

"Some of the vacant homes that were vacant are no longer vacant," Molino said. "They’ve been picked up and worked on, so we're seeing some progress."

Three properties, in particular, were singled out by council members -- 129 Hutchins St., 404 S. Jackson St., and a house on Ellicott Avenue.

The house on Hutchins fits the description for what officials usually mean by a "zombie property." It's long been vacant and there's little indication that anybody is taking responsibility for it.

There's junk piled on the front porch and scattered around the back yard, and the grass hasn't been cut all season. Inspectors have posted a notice on the front door.

Councilwoman Rose Mary Christian has determined the USDA, which apparently financed the purchase the property, has possibly foreclosed on the house and she's been in contact with USDA officials about cleaning up the property.

At 404 South Jackson, across from Jackson School, is the burned out hulk of a former multifamily complex. The building was destroyed in a fire March 8 and has sat untouched since, except for a safety fence the city erected around it.

Molino said the owners, Barton H. Bowman and Thomas W. Hallock, have been cited and were ordered to appear in court earlier this month, but neither showed up in City Court, so a warrant has been issued for both men.

Through the normal court process, it could take 30 to 90 days to get the structure torn down, Molino said. If the city wants razed sooner, like immediately, the city could do that, but would have to foot the bill.

As for the property on Ellicott Avenue, Councilman Bob Bialkowski raised it as a possible zombie property. A check of the residence led to the discovery of an open door with possible forced entry. When police responded, there was nobody inside and dispatchers were able to contact the property owner, who indicated she is in the process of moving out. There was no forced entry, a police officer said. The broken glass near the door was from damage the property owner knew about.

The city has a tax exemption available for owner-occupants who buy a zombie property and rehabilitate it. While there have been several inquiries about the exemption, and several former zombie houses are now owned and occupied, no exemptions have been granted yet, Molino said. That could soon change.

Molino said a young couple recently purchased a house that had been vacant for at least seven years, getting it on a short sale, and the couple plans to invest a significant amount of money rehabilitating it. Molino said he is meeting with the couple next week to discuss the exemption.

"This definitely qualifies," Molino said. "This might be our first actual case."

The city is also working with potential community partners on a loan program to help people finance the purchase of owner-occupied former zombie homes. He said an announcement about that program could come within 30 to 60 days.

The former Buffalo Jills have something to cheer about this week. A judge ruled in a 2014 lawsuit filed by the Jills against the Buffalo Bills, that the cheerleaders were in fact employees, not independent contractors.

This ruling is important because as employees they are legally entitled to workers’ rights and regulations which they wouldn’t be if they were independent contractors. Under workers’ rights laws, the Jills will have to be paid at least minimum wage for their work.

Dolce Panepinto partner Sean Cooney is one of the attorneys representing the Jills, and is dedicated to protecting the rights of workers. You can find more information on the lawsuit here and here. For further questions contact Dolce Panepinto: click here.

File photo from 2016.

Press release:

Members of the Batavia City firefighters from IAFF Local 896 will fan out across the streets of Downtown Batavia with boots in hand for this year's donation drive on Friday, June 2^nd.

Batavia’s Fill the Boot drive is organized by firefighter Chris Morasco. Proceeds benefit the Muscular Dystophy Association.

“In 2016, we set out to break the $10,000 mark," Morasco said. "Our members, with the help of our generous community were successful and able to raise $10,574.74 for the MDA! Look for us Friday!”

From 8 a.m. to 1:30 p.m., city firefighters will be at the intersection of Main Street (Route 5) and Court Street, and also at Ellicott Street (Route 63) and Court Street collecting donations for MDA.

This information is from a press release provided by Assemblyman Steve Hawley's office:

Assemblyman Steve Hawley (R,C,I-Batavia) today proudly announced that the Haxton Memorial Library in Oakfield will be receiving a state grant to install security cameras.

Hawley fought vigorously during this year’s budget negotiations to restore proposed cuts to library aid made by Gov. Cuomo and secure $95.6 million in total aid, including a $5 million increase for capital projects. 

“Libraries like these are a staple of our community and offer myriad services to local residents, such as free books and movie rentals, high-speed Internet and research services,” Hawley said. “My colleagues and I worked diligently to fight Gov. Cuomo’s proposed cuts to library aid and I am proud to announce that we actually secured an increase in funding for public libraries to undertake capital projects and improvements.

"Libraries are a gateway to a world of knowledge and enlightenment through reading and research and they will always have my unwavering support.”

Hawley also noted that Le Roy's Woodward Memorial Library received a state grant to renovate its Children's Room. For previous coverage on that project, click here.

Pictured are Genesee County Sheriff's Deputy Andrew Hale, left, and Undersheriff Greg Walker.

Submitted photos and press release:

Members of the Genesee County Sheriff’s Office attended the 2017 Badge of Honor Association (BOHA) Policeman's Ball held May 20 at the Joseph A. Floreano Rochester Riverside Convention Center. Deputy Andrew B. Hale was recognized for a critical incident that occurred in March of 2016 (one of 27 incidents recognized at the Ball).

Deputy Hale was seated in his patrol car during a traffic stop when an assailant shot at him with a rifle from a second-story window of an apartment, striking the patrol car and narrowly missing Deputy Hale. After a brief investigation, the assailant was arrested and charged.

The Badge of Honor Association was established in 2007 and is a not-for-profit organization that recognizes law enforcement officers in Central and Western New York (25 counties) who have been involved in critical incidents. BOHA dedicates signs in honor of fallen officers that mark their “End of Watch” date, holds several other events that honor the fallen officers and, most importantly, assists the fallen officers’ families. Since its inception, there have been 11 officers killed in the line of duty within its geographical area.

Below are those from the Genesee County Sheriff's Office who attended this year's Policeman's Ball, from left: Deputy Ryan W. Young, Investigator James M. Diehl, Undersheriff Gregory H. Walker, and Deputy Andrew B. Hale. Deputy Matthew R. Butler attended, too, but is not in the photo.

Press release:

Darien Lake will turn into a wave of color beginning at 9 a.m. on Saturday, June 10, as more than a thousand runners participate in the Color Me Rad 5K, a colorful, family fun run. Returning to Darien Lake for its fifth year, the race benefits Special Olympics of New York.

The nationally recognized event is loosely based on the Hindu Festival of Colors, otherwise known as Holi; colors used are a sign of winter’s end and spring’s new beginnings. During the race through Darien Lake’s campgrounds, runners dressed in all white are showered with a rainbow of colored cornstarch, transforming their clothing, faces and hair into a colorful work of art.

Partial proceeds from the event will benefit Special Olympics of New York.

“Color Me Rad is a great family fun run that really brightens up our campground,” said Chris Thorpe, Darien Lake general manager. “More importantly, it gives us an opportunity to give back to such an important organization in our community, Special Olympics of New York.”

In addition to Color Me Rad-themed swag, participants also receive free admission and coupons to the theme park and spectators receive discount tickets.

“Special Olympics New York is very excited to be teaming up with Color Me Rad and Darien Lake again,” said Erica Raepple, Director of Development for Special Olympics – Western Region. “We have partnered for the past 5 years and through the generosity of Color Me Rad and the local community coming out to volunteer, this event has been able to help sponsor nearly 30 Special Olympic Athletes.”

Registration for Color Me Rad is $55 and free for children under 7.

To register for the event or for more information about season passes or accommodations, visit www.DarienLake.com.

About Darien Lake 

Darien Lake’s wide variety of entertainment has made it “destination fun” since 1964. Located 45 minutes from Niagara Falls between Buffalo and Rochester, today the park boasts more than 50 rides, including six world-class roller coasters; dozens of family friendly rides and entertainment; the region’s largest water park complete with wave pool; and a 20,000-seat state-of-the-art performing arts center, operated by Live Nation. The park is open May 6 to Oct. 1 and welcomes overnight guests in a wide range of accommodations – from a full-service hotel and modern cabins to rental RVs and campsites. For more information or to order season passes, visit www.DarienLake.com.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with disorderly conduct, obstruction of governmental administration, and resisting arrest.On May 27, Batavia PD responded to an address on Jackson Street for a reported disturbance. While on location, police allegedly observed McNear acting in a "violent and tumultuous way." McNear was taken into custody after a brief physical altercation. The defendant was arraigned and jailed on $1,000 cash or bond. McNear is due back in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Michael Bryan German, 34, of Ellicott Street, Batavia, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and moving from lane unsafely. At about 1 a.m. on May 27, Genesee County Sheriff's Deputy Ryan Young was traveling east on Route 5 in the City of Batavia when a Ford pickup truck allegedly moved from its lane unsafely, almost striking Deputy Young's vehicle. Deputy Young initiated a traffic stop on the pickup truck. After a brief investigation of the driver, German was taken into custody and charged as noted. German was issued appearance tickets and released. The defendant is due in City Court on June 21 to answer the charges.

Darazian "Willie Paul" Williams, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the 7th degree and failure to keep right. At 7:29 p.m. on May 25 on Alexander Road, Alexander, Williams was arrested following a property damage accident. He allegedly possessed amphetamine pills at the time. He was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Chris Kaboingo Mukendi, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Mukendi was arrested at 7:29 p.m. on May 25 on Alexander Road in Alexander followinf a property damage accident. Mukendi allegedly possessed amphetamine pills at the time. The defendant was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Alan P. Ellis, 36, of Woodstock Gardens, Batavia, is charged with criminal contempt in the second degree -- violating a valid order of protection. Ellis allegedly sent text messages to a protected party on Ellsworth Avenue, Batavia, in violation of a duly served order of protection out of Batavia City Court. He was subsequently arrested and jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Philip S. Pompey, 28, of Lark Street, Buffalo, is charged with aggravated unlicensed operation of a motor vehicle, 3rd. He was arrested May 27 on a warrant out of City Court and is due in City Court this afternoon. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Darryle Street.

Katrina L. Thigpen, 34, of Thrope Street, Batavia, is charged with offering to file a false instrument in the first degree and issuring a false financial statement with intent to defraud. Thigpen was arrested at her residence after she allegedly provided GC Probation Department with false NYS and Federal tax return information on May 15. She was issued an apearance ticket and released. She is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Paul E. Tenney, 71, of East Morganville Road, Stafford, responded to Batavia Police Department Headquarters on his own accord after a bench warrant was issued. He was subsequently arrested for NYS Fire Code violations, which allegedly occured at 198 Ellicott St. at 1:30 p.m. on May 19. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old who lives on Slocum Road, Perry, is charged with unlawful possession of marijuana. Following a complaint on May 28 at 9:54 p.m. on Veterans Menmorial Drive, the defendant was arrested for allegedly possessing a small quantity of marijuana and issued an appearance ticket for Town of Batavia Court on June 26. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Ryan DeLong.

A mother managed to push her child out of the way of an oncoming car that struck her and killed the family's two dogs Saturday afternoon on Allen Street, Batavia.

The name of the 32-year-old woman hasn't been released, nor has the name of the juvenile driver.

The accident was reported at 3:16 p.m., Saturday.

A gold Ford Taurus was eastbound on Allen Street when it left the roadway, went over a curb and not the sidewalk, according to police. 

The woman pushed her son out of the way as the car approached.

The driver reportedly fled the scene but returned later.

He was allegedly driving the vehicle without the owner's permission. 

Police said the medical status of the woman is not known at this time. 

The investigation is ongoing and police said no further information will be released.

Potential witnesses are asked to contact Det. Rich Schauf at (585) 345-6312 or the confidential tip line at (585) 345-6370.

Black smoke is reportedly pouring from the back of a house at 5155 E. Main Street Road. A first responder on scene is investigating and says it's a controlled burn, of tree stumps. Town of Batavia Fire Department is called and a firefighter is continuing to the scene to investigate.

A box truck is stuck under the Prole Road Extension railroad overpass in Stafford, or as a dispatcher says it "may now be unable to vacate from underneath it." Stafford fire is dispatched to the scene in case firefighters can help.

UPDATE 1:09 p.m.: The driver managed to get his vehicle out from under the bridge by the time law enforcement arrived. A State Trooper said the driver will be cited for disobeying the height limit sign, which states the maximum clearance is 10' 8"; the box truck involved had a height of 11' 7".

A local businessman who said he hasn't even had time to grieve his sister's death because of five years of litigation around her estate was given a conditional discharge in County Court today on his prior guilty plea to a misdemeanor of falsifying business records.

James Pontillo's attorney, Fred Rarick, reminded Judge Michael Mohun, who is handling this case, that his client accepted a plea deal, not because he had done anything wrong, but because he wanted to get this part of the legal issues surrounding his sister's estate behind him.

"I tried to do everything the best of my ability," Pontillo said. "I did everything I was called upon to do, but there seems to be a misunderstanding."

Much of what this case is about, apparently, is tied up in surrogate's court, where Scott German, as one of his duties as county treasurer, has been appointed the administrator of the estate of Jeanne Veronica Pontillo, because there was nobody else deemed qualified to assume that role.

Pontillo has said he was trying to take care of his sister's properties while the estate was settled.

The conditional discharge means the Pontillo's conviction can be dismissed if he has no run-ins with the law for a year. He was required to pay $2,500 in restitution, which Rarick asked to be applied to back taxes on Jeanne Pontillo's properties, but District Attorney Lawrence Friedman objected to the redirection of the money.

Three of the properties -- none of them in Genesee County -- are about to go into tax lien foreclosure because nobody has paid the property taxes on those properties.

"The hardest thing about all of this is I haven't been able to properly been able to grieve for my sister," Pontillo said. "This has been going on for five years. She was more than a sister to me," he said as his voice quivered, "she was like a daughter to me."

He said the litigation has affected him personally, financially and professionally.

"I just want it to end."

Friedman renewed his request for an order of protection, requiring Pontillo to have no contact with German. This was a contentious issue in December in front of then Interim Judge Micheal Pietruszka. Rarick raised concerns about the order and the ongoing probate issues, so Pietruska agreed to amend the order, but Friedman asked for further refinement, and after more back and forth among the attorneys, Pietruszka literally tore up the order in court.

Again, today, Rarick and Friedman couldn't agree on the necessity of the order, and while Rarick acknowledged personal animosity between Pontillo and German, he said he feared German could use the order to make a false claim against his client.

Friedman scoffed at the suggestion and said a false claim is possible with any order of protection. That's no reason, he said, not to issue one.

Mohun didn't sign the order. He thought an order of eight years was excessive in a case involving a conditional discharge, but he amended Pontillo's conditional discharge so it requires him to stay away from German for the next year.

Previously: Landlord accused of falsely claiming to own a dwelling in Batavia (we've covered James Pontillo extensively over the years and this story contains links to most of that prior coverage).

Photos submitted by Rob Radley.

To purchase prints, click here.

Press release:

This a reminder to all Village of Elba residents who have received easement notices for the new water project:

If you have received notice of a temporary easement for your property and have not signed and returned it yet, or if you have received notice of a permanent easement for your property that needs to be signed, notarized and returned, please plan to attend a meeting from 5 to 7 p.m. on Wednesday, May 31, at the Town of Elba conference room at the town office on Maple Avenue.

The project engineer, Jason Foote from Clark Patterson, will be there to answer any questions. If you are unable to attend the meeting, you may call Jason at 402-7505.

Barry Flansburg, Elba's tax assessor, will also be in attendance for those who need to have their paperwork notarized. Original easements to be signed will be available Monday - Friday between 8 and 10 a.m. in Barry's office on Maple Avenue, Elba.

This is an important part of the process that needs to be completed in order for the Village of Elba to move forward in replacing the old water lines.

Submitted photos and press release:

The Paolo Busti Cultural Foundation Scholarship Dinner will be held at Terry Hills Restaurant and Banquet Facility beginning at 6:30 p.m. on Wednesday, June 14. There will be a cash bar followed by an Italian buffet at 7 p.m. Tickets are $25 and are available at Ben’s Appliance, VJ Gautieri Construction or from any board member.

Outstanding Italian Americans will be honored and the recipient of the Paolo Busti Scholarship will be named.

The following scholarship applicants are all high school seniors in the Class of  2017.

Alexis "Lexi" Hoerner, pictured above, attends Batavia High School where she holds an overall GPA of 95 and ranks 19th in a class of 175. Lexi is a member of the National Honor Society as well as the National Art Honor Society. She has received numerous honors and awards, including a commendation in the 2016 Congressional Art Competition NY 27th District, and the Bob Heischman Award for Excellence in Creativity in Drawing as well as various school awards for outstanding achievement in art, printmaking, portfolio, sculpture, and excellence and creativity in drawing.

Lexi is a member of the BHS varsity swim team and has volunteered with various local community organizations including the Lions Club, YWCA, Crossroads House, and Genesee County CASA (Court Appointed Special Advocates). She has also served as a BHS Link Leader and with the Art Department Stage Crew at Batavia High School.

Lexi plans to attend Canisius College in the fall where she will continue her studies in Studio Art.

Alexis is the daughter of Karen Cutitta and Michael Hoerner.

She is currently employed at Olympia Sports in Batavia. This job has given her incredible communication skills, leadership qualities and patience. She volunteers at the NYS Veterans Home in Batavia. She helps in the business office with medical records and also has helped with the residents when needed.

She feels her work ethic has come from being a part of a sports team, volunteer and working with different people at Olympia. She would be a different person if she did not experience all she has, especially in her last four years at Notre Dame High School. Gabby plans on attending Niagara University in the fall and major in Biology.

Gabrielle is the daughter of Rocco and Janice Della Penna, of Batavia.

Lyndsey has dedicated many hours to various activities in high school. She has participated in band, chorus, drama club, JV and varsity volleyball, track and field, DECA, business club, National Honor Society and high honor roll. She has also participated in various events outside of school, including youth group and nursery at Grace Baptist Church, Genesee Cancer Assistance fundraisers, club volleyball, teen leadership conference, youth seminars and mission trips.  

When Lyndsey is not participating in sports and various clubs at school, she works hard at home with her many chores and household work.

Lyndsey is the daughter of Scott and Karen Rowland, of Perry.

She is president of Tri-M National Music Honor Society and treasurer and historian of the Production Club. At Batavia High School she had lead roles in "Hairspray," "Much Ado About Nothing" and "Mary Poppins."

As President of Tri-M, she established a sock drive in tandem with the Zonta Club to benefit the Salvation Army. This sock drive was a true high point for Serena.

Serena is attending the University at Buffalo in the fall with a double major in History and Theater with a minor in Italian. Her goal is to become an entertainment industry lawyer working with women in that industry who are historically under represented.

Serena is the daughter of Anita Strollo, of Batavia, and Joseph DiCenso, of Williamsville.

Karson Antonia Richenberg, bottom right, is a senior at Byron-Bergen High School. She plans to attend the University of Buffalo to study Psychology.

Her interests include track and field, soccer and basketball. Her hobbies are hiking, running, visiting historical places, and volunteering her time to different community activities.

She is a Scholar Athlete, and also received the Triple C Award from the New York State Attorney General for her “Character, Courage and Commitment.” She has been awarded the Human Services Scholarship for her involvement in the community and her plan to pursue a career in Psychology.

Karson prides herself on her ability to overcome adverse situations and never losing her positive outlook on life and the future. She has been able to do this through her faith in God. Karson enjoys making lifelong memories with her family and friends and never taking any moment for granted.

She is the daughter of Eric and Antonia Richenberg.

A math teacher a Pembroke Junior-Senior High School, Dawn Krol, died last night following an ATV accident, according to a letter sent to district parents today.

The letter does not specify where the accident occurred or provide further details about the accident. 

"Ms. Krol was an exemplary teacher in every way and we will miss her greatly," Principal Nathan Work wrote in the letter to parents. "Her commitment to teaching and love for our students can be an example to all of us."

Work said counselors will be available to meet with students this week to provide emotional support and help them cope with her death.

"Because of our close school community, this death touches everyone at school," Work wrote.

A large fight involving about 20 people is reported at the Indian Falls Log Cabin Restaurant, 1227 Gilmore Road, Corfu. Sheriff's deputies are en route.

UPDATE 2:14 p.m.: "All units responding to the Log Cabin, you can disregard..." says a dispatcher. The first deputy to arrive reported "On scene. There are four cars in the parking lot and no one outside."