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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).

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.

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.

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.

Tonight I took a quick trip around the City of Batavia and took a few pictures of Christmas light displays.

Merry Christmas.

Above, 209 Bank St.

261 State St.

108 Ellsworth​ Ave.

105 Ellsworth Ave.

27 Manhatten Ave.

12 Washington Ave.

211 Richmond Ave.

17 Redfield Parkway

15 Redfield Parkway

30 Roosevelt Ave.

29 Roosevelt Ave.

South Pearl Street

16 Kibbe Ave.

201 Liberty St.

Press release:

A video Christmas greeting from New York Army National Guard Spc. Elizabeth Taylor, a native of Alexander who is deployed to Yavoriv, Ukraine, has been posted on the Department of Defense's Video Imagery Information Distribution System (DVIDS) and for media use for registered news organizations.

The short video -- a "holiday shout out to family back home in Batavia" -- can seen above. 

Taylor is one of 220 Soldiers from the New York Army National Guard's 2nd Squadron, 101st Cavalry and the 27th Infantry Brigade Combat Team assisting in the training of Ukrainian Soldiers at the Yavoriv Combat Training Center as members of the Joint Multinational Training Group-Ukraine.

The training is designed to reinforce defensive skills of the Ukrainian Ground Forces in order to increase their capacity for self-defense.

The soldiers mobilized in October and have been deployed to Ukraine since December.

The painting "Otherworldliness" by Michael Price.

Press release:

"The Chromatic Nude," paintings by Michael Price, will be exhibited in the Rosalie "Roz" Steiner Art Gallery from Tuesday, Jan. 16 through Friday, Feb. 16. In this collection of his work, Price invokes historic methods of preparing paint and pigments using protocols that include naturally occurring minerals to produce his own paints.

Using natural minerals and semi-precious stones, including but not limited to lapis lazuli, azurite, malachite, ochre and cinnabar, he creates natural and luminous colors similar to how Renaissance painters did their work in the 14th to the 17th centuries. Price has published a two volume series of books titled "Renaissance Mysteries" in which he shares his research and discusses the processes.

His works of art explore the nude and human figure conceived within a timeless universe aiming to reveal how archetypal images are carried within ourselves as real, or imaginary - as the physical world we inhabit.

"Slowly, my research into natural color led to major developments in my painting practice. The human figure as a central archetype has remained constant over the last 40 years, but the figures have evolved to convey the essence of my search -- a chromatic figure or nude," says Price. "The chromatic nude is intended to transcend the restrictions of realism.

"They are not symbols, but signs, like the figures of Nicolas Poussin, that indicate universal direction free from social mores. The structural foundation for a composition is established by a specific rectangular format composed of square-root rectangles. This allows the message carried within the image to attain its maximum impact and resonance to unveil the memory of our immortality reflected from the mortal perspective."

Price was born in Stoke-on-Trent, England and he attended the London Central School of Art and Design, and Stoke-on-Trent College of Art. He has exhibited worldwide, including solo shows in the Post Gallery in Houston, Texas, Galerie Poller in Frankfurt, Germany, and David Findlay Galleries in New York City.

Several opportunities to meet the artist are scheduled on Thursday, Jan. 25 at the Roz Steiner Art Gallery. Price will lecture at 12:30 p.m. in the Gallery, and receptions will follow at 1 p.m. and again 5 p.m. Additional artist exhibit history and work is displayed on his website at www.michaelprice.info.

The Roz Steiner Art Gallery is open to the public Monday -- Friday from 10 a.m. to 2 p.m. and during special events as published at www.genesee.edu/campuslife/arts. Admission into the Gallery is always free and open to the public.

A pedestrian has reportedly been hit on the Thruway in the eastbound lane near mile marker 387.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 1:39 p.m.: It also sounds like a vehicle accident is also being reported near mile marker 386.

UPDATE 3:11 p.m.: All we could get from a trooper at the scene was one person injured. At least two vehicles were involved. The pictures are from mile marker 386.

A car is off the road and a caller reports the driver appears to be injured in the area of mile marker 386.6 on the Thruway in the Town of Batavia.

Town of Batavia fire and Mercy EMS dispatched.

A vehicle is on its side after striking a fire hydrant in the area of 4524 Batavia Elba Townline Road, Batavia.

No injuries reported.

Town of Batavia Fire Department dispatched.

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."

Three Batavia residents were taken into custody in Wyoming County for allegedly selling drugs in Warsaw and Attica following an investigation Drug Task Force as part of "Operation Frosty."

Richard Barber, 47, of Garfield Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. He is accused of selling methamphetamine in August in the Town of Warsaw. He was jailed on $25,000 bail.

Derrick Washington, 45, of State Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance with the intent to sell. Washington is accused of selling crack cocaine on two occasions in the Village of Attica. He was jailed on $5,000 bail.

Louis Mercado, 29, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling crack cocaine on two occasions in the Village of Attica. Mercado was jailed on $10,000 bail.

Also arrested as part of "Operation Frosty" was Javier Alvarez, 38, of Hopkins Street, Mount Morris. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling heroin and a heroin-fentanyl mix in the Village of Perry.

 Korin Leonard, 21, of Freedom Road, Freedom, is charged with criminal sale of a controlled substance, 3rd and 5th, and criminal possession of a controlled substance, 3rd and 5th. He is accused of selling methamphetamine and cocaine on two occasions in the Village of Arcade.

Ranen Houston, 24, of Lake Avenue, Rochester, is charged with 11 counts of perjury in the first degree for allegedly lying to the Wyoming County Grand Jury on a drug-related investigation in the Town of Warsaw. 

“These arrests were pursuant Wyoming County Court arrest warrants following Indictments and the involvement of District Attorney Donald O’Geen’s Office," said Wyoming County Sheriff Greg Rudolph.

"The Wyoming County Drug Task Force is committed to doing our part in the midst of this drug epidemic, which includes a strong stance on enforcement and honing our investigations on the dealers who gain off of others' addictions.

"The various locations of these crimes are indicative of the scope of the problem here in Wyoming County. The Wyoming County Drug Task Force is additionally wrapping up investigations on several other drug dealers and more arrests are expected in January."