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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.

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.

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.

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.

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.

Installation of a new LCD lighting system atop the Old Courthouse in Batavia was completed this week and for Memorial Day Weekend, the cupola is illuminated with alternating red, white and blue lights.

The system, donated by Batavia-based Lighting Design Innovations, has a color pallet of thousands of shades to fit any occasion.

The value of the system is $7,500 and is computer controlled.

Paul Mercier, a partner in the company, pitched the idea to the County Legislature in February and said his company would donate the system for the cupola.

"For us, the significant aspect of being here is we believe in community," Mercier said.

Mercier suggested that at some point, the Legislature may wish to support a fundraising effort to illuminate the entire building.

The Oatkan Knights won Le Roy's first Section V championship in baseball since 1988 with a 4-3, eight-inning victory last night over Geneseo.

Reece Tresco had the game-winning RBI on a double to right center with two outs in the top of the seventh inning. He scored Cody Fitzsimmons. 

Tim McMullen and Josh Laurie combined for the win on the mound

Knights go to 13-9 on the season and ill play C2 Champ Avon Tuesday at Dwyer Stadium. Game time, 4:30 p.m.

Photos and info submitted by Tim McArdle. 

Law enforcement has been asked to respond to Pembroke High School where there are reportedly five teenagers knocking over porta-potties.

Veterans, other volunteers, and family members were in cemeteries throughout the area today to replace worn flags and place new flags on the graves of the men and women who served in the U.S. military.

It's an annual tradition locally to honor military personnel on Memorial Day Weekend.

Emilio Rosales, 8, places a flag at Elmwood Cemetary. Also placing flags was his sister, Valentina, 5.

Daniel Tomaszewski and his family, from Freedonia, made their annual trip to the St. Joe's Cemetery in Batavia to plant flowers on the grave site of his parents, who grew up and were married in Batavia before moving to Freedonia. With Daniel are wife Kristin, daughter Josephine and son Mason.

Tim Burch places a flag at a marker in Elmwood Cemetery.

Don Morris at Elmwood.

Riley D'Alba, of Oakfield, completes her squats during a workout today at Batavia Cross Training known as the Memorial Murph.

The event is a scholarship fundraiser for students pursuing careers in law enforcement; the proceeds this year going to D'Alba, who plans to attend Hobart College.

Dozens of people completed The Murph today, which is named in honor of Lt. Micheal Murphy, a Navy Seal killed in action in 2005 in Afghanistan. The workout, which he called Body Armor, starts with a one-mile run, followed by 100 pull-ups, 200 push-ups, 300 squats, and ends with another one-mile run. Those who have them and can endure it also wear a 20-pound vest.

Batavia Cross Training holds annual Memorial Murph over Memorial Day weekend to honor those who have served or are serving in the U.S. military. Several members of local law enforcement participate each year.

Joey Belladonna and his band Chief Big Way play the Paddock Room at Batavia Downs tonight.

The lead singer with Anthrax, nominated five times for Grammy awards, Belladonna is playing in Batavia for the second time this year. The show is free and starts at 9 p.m.

Pictured with Belladonna are his friend Tom Mazurkiewicz and band members Dave Michelson and Joe Precourt.

At about 7 a.m., a car was reported off the road and into the woods on Route 490 in the Le Roy - Bergen area.

The original caller reportedly spoke to the driver, a female, who said, "I'm in a lot of trouble if law enforcement shows up."

Le Roy fire and Bergen fire responded. By the time the chiefs were scene, the driver had left the area.

The car is registered to a female in Hamburg, born in '37. 

The driver may be injured from a side-impact collision.

Dispatchers have checked with UMMC and Strong for any patients who have come in for emergency care and a deputy checked the service area near the location for the woman.

Hamburg PD is responding to the residence of the registered owner to see who might have been driving the car.

No description is available of the driver.

Fire units and ambulance went back in service at about 7:30 a.m. A tow truck is responding to retrieve the car.

Roberto James Echevarria, 19, of Laurelwood Drive, Rochester, is charged with assault, 3rd. Echevarria is accused of recklessly causing injury to another person while after a concert at Darien Lake Performing Arts Center on Wednesday. At about 11:10 p.m., Echevarria allegedly threw a glass bottle from a moving vehicle that struck another person, hitting the victim in the face resulting in a cut. Echevarria was processed at the Genesee County Jail and released on an appearance ticket.

The Elba Lancers Golf Team is the Class C Section V champion after scoring a 172 on Thursday at the Livingston Country Club, beating out seven other teams, including second-place Honeoye, which carded a 187.

In the rain-shortened championship, Henry Pflaumer shot a 40, while Joe Lane, Ben Pflaumer, and CJ Gottler all had 44. The Lancers added to their Genesee Region Division II Championship along with Ben Pflaumer's Individual Class C Sectional Title. Only three other golfers in the field shot 44 or lower.

The team is coached by Mike Cintorino.

Submitted photo and information.

The following people were arrested by the Genesee County Sheriff’s Office during the Future concert at Darien Lake Performing Arts Center on Wednesday:

Jessica Ross, 31, of Jasper Parrish Road, Buffalo, is charged with two counts of trespass, second-degree harassment and resisting arrest after allegedly attempting to entering the concert venue after being ejected twice and told not to return. Ross allegedly punched and kicked deputies while being taken into custody. Ross was arraigned in Darien Court and put in jail in lieu of $500 bail.

Alex M. Gonzalez, 20, of Premption Road, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Joshua R. Dauer, 19, of Steven Drive, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

(name redacted because of age), 16, of Marvin Hill Road, Springwater, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Noah J. Klumpp, 19, of Buffalo Street, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Jonothan S. Daley, 19, of Miles Allen Boulevard, Elkland, Pa., is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Rae M. Warner, 19, of Calm Lake Circle, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Roberto J. Echevarria, 19, of Laurel Wood Drive, Rochester, is charged with third-degree assault after allegedly throwing a bottle, striking another subject in the face, causing a laceration.

Alexander Labor, 21, of Peach Street, Buffalo, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer.

Dewayne E. Johnson, 55, of Westside Drive, Chili, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer.

Nathaniel T. Welnhofer, 18, of Colvin Boulevard, Tonawanda, is charged with disorderly conduct after allegedly urinating in public while in the crowd at the concert venue entrance.

Zachary P. Liberatore, 20, of Stonehedge Drive, Orchard Park, is charged with trespass and criminal trespass, 3rd, after allegedly refusing to leave the concert venue and then being found inside the concert venue.

(name redacted because of age), 17, of East Ravenside Lane, Webster, is charged with criminal trespass, 3rd, after allegedly crawling under a fence to enter the concert venue.

Nadia M Jones, 20, of Magee Avenue, Rochester, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Andrew JW Delles, 20, of Black Creek Drive, Niagara Falls, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Jake R Viza, 20, of Webster Road, Webster, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Olivia I. Flink, 19, of Marlbank Drive, Rochester, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

Jennifer M. Abbott, 20, of Bostwick Road, Phelps, is charged with trespass after allegedly attempting to re-enter the concert venue after having been ejected and told not to return.

At least 400 people entered the labor force in Genesee County from March to April, according to the latest data released by the New York State Department of Labor.

That puts the total size of the labor force at 29,400, with 1,300 people classified as unemployment, which puts the unemployment rate at 4.6 percent.

A year ago in April, the unemployment rate was 4.5 percent in the county.

Over the past year, the county's labor force has declined by approximately 500 people. It's difficult to pinpoint the reason for the decline, but Baby Boomers reaching retirement age could be a factor.

The total number of employed residents 28,100. A year ago in April, it was 28,600 and in March it was 27,500.

The unemployment rate in the GLOW region is 5.0, the same as a year ago. 

In Rochester, it's 4.6 percent. In Buffalo, it's 5.0. For the state, it's 4.2. For the nation, it's 4.1 percent.

Press release:

Byron-Bergen Jr./Sr. High School’s seventh-graders began a new tradition on May 18 with their participation in the Village of Bergen’s Community Action Day.

The entire Class of 2022, along with counselors, teachers and school administrators, rolled up their sleeves and helped plant flowers and trees in the village green spaces. Two of the new trees planted in Hickory Park were dedicated to the Class, and will grow right along with them for years into the future.

"It was such a rewarding experience for our students,” said Principal Patrick McGee. “This is the first year the school has partnered with the Village of Bergen on Community Action Day and we would like to make this a tradition. Not only in the Village of Bergen but in Byron as well.”

“We truly believe that the school-community partnership is essential for creating pride in our community. Listening to our kids talk about how much they enjoyed volunteering is what it is all about."