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Councilman Bill Cox called the proposed 2011/12 city budget a work of art.

Council members Patti Pacino, Kathy Briggs and Frank Ferrando all congratulated the city manager and his staff for presenting a budget proposal that retains current city services and protects cash reserves at a time when pension costs are skyrocketing and sales-tax revenue is down.

The council then approved a resolution adopting a revenue plan totalling $5,578,355 with a 1.39-percent property-tax increase, down from the original proposal of a 1.59-percent increase.

The new increase is less than $12 per year for a home assessed at $80,000.

"I'm afraid if we reduced (the tax increase) it would come at the expense of our reserves," said Cox. "I think we need to continue to build our reserves and this is just a modest increase."

Councilman Bob Bialkowski also spoke in favor of protecting reserves, especially in a time when major cities and the state of New York itself are facing severe financial distress.

Members Rosemary Christian and Sam Barone said they would like to see a zero-percent increase, but Council President Marianne Clattenburg said that anybody who wants to see zero should suggest how they would reduce spending without threatening the reserves or eliminating staff or services.

"If we go to zero, what we're talking about are staff cuts and cuts in services," Clattenburg said. "We're talking about the possibility of getting rid of a police officer -- I mean, we're talking about cutting into the bones of what the infrastructure of the city is."

The proposed budget also calls for water-rate hikes that will add about $13 a year to the typical residential bill.

Before the vote on the revenue resolution, Cox called on the council to give City Manager Jason Molino a round of applause for his work on the budget, and all the council members joined in.

The city council set the public hearing on the proposed budget  for 7 p.m., Feb. 14.

In an emergency resolution, the city council voted Monday night to transfer $55,000 from its contingency fund to deal with two unexpected expenses.

City Manager Jason Molino said that for the entire winter last season, the city had only 61 days where the roads needed salt. So far this year, the city has seen 61 salt days. That has depleted the salt supply and Molino recommended the council transfer $30,000 into the snow-removal fund to buy 750 tons of salt.

Also, the roof on the city's fire hall needs repaired. And it needs to be done before all the snow melts and causes bigger problems.

It will cost the city at least $22,000 to put a protective membrane over the roof. The council transferred $25,000 to the fire department. The extra $3,000 will cover any unexpected cost overruns and replacement of some ceiling tiles inside the building.

Currently, city staff is making regular trips to the roof for snow removal in order to minimize any potential damage to the building.

The replacement membrane should last 20 years.

There was about $200,000 in the contingency fund.

Legal charges against a Monroe County attorney and school board trustee accused of causing a ruckus at a basketball tournament in Batavia were reduced by the District Attorney's Office today.

John Parrinello, an appointed member of  Monroe County Community College Board of Trustees, now faces charges of trespass as a violation and two violations of disorderly conduct.

The charges stem for an Dec. 12 incident at Genesee Community College when Parrinello allegedly hassled a referee during a college women's basketball game and then refused to leave the gym when ordered by security. He was arrested after a State Trooper arrived and Parrinello allegedly failed to follow his instructions about which exit to use as he left the gym.

The original misdemeanor charge of criminal trespass, 3rd, were dropped, but not without Parrinello making a stink about the change.

"I want to know what's happening with the criminal trespass, 3rd, charge?" Parrinello asked while standing before Justice Michael Cleveland. "That's why I was handcuffed, cutting my wrists, put in a patrol car, had my mugshot (taken) and published in all the newspapers."

Assistant District Attorney Melissa Cianfrini kept trying to explain that the charges were being amended and Perrinello repeatedly interrupted her.

Cianfrini asked for a short recess to make a phone call and Perrinello complained that he had been waiting for the case to be called for two hours and didn't want to wait any longer.

Cleveland allowed Cianfrini to make her call and she returned and explained that she would submit the new charges and ask Cleveland to drop criminal trespass charge.

Perrinello's attorney, Batavia-based Lisa Kroemer, asked that the charges be dropped without prejudice and Cianfrini objected.

Kroemer said that in order to prepare for trial and make proper motions, she and her client needed to know that the misdemeanor charge wouldn't be refiled.

Cleveland said he would drop the charge without prejudice, which means the charge can be refiled.

The reason the lesser charges were filed, Cianfrini said, is that after a review of statements, evidence and interviewing witnesses, the reduced charges were more appropriate.

Kroemer refused to answer questions after the hearing, but Parrinello spoke briefly with reporters before getting in his Cadillac and driving away.

"They knew, or should have known, that what they arrested me for was not a proper charge,” Parrinello said, adding, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

Ronald A. Smith is indicted on charges of failure to register change of address and three counts of sexual abuse, 1st. Smith is a convicted sex offender and registered at an address on Thorpe Street and on or about Oct. 31 allegedly failed to registered a change of address. Count two of the indictment accuses Smith of holding a victim less than 11 years old in his arms and subjecting the victim to sexual contact at the Thorpe Street address some time between Oct. 28 and Jan. 7. Counts three and four are similar. (Previous Report)

Jacob C. Gerevics is indicted on a charge of criminal possession of marijuana. On Oct. 19, at 446 Broadway Road, #5, Darien, Gerevics was allegedly found in possession of more than 16 ounces of "one or more preparations, compounds, mixtures or substances containing marijuana."

William A. Andrews is indicted on a charge of criminal contempt, 1st. On Dec. 9, in violation of an order of protection, Andrews is accused of stating to a protected party "I'll make you a bloody mess!" and "I'll stab you and burn you all!"

Damion Michael Frye, 35, of 3662 Route 19 South, Warsaw, is charged with resisting arrest, escape and trespass. Fry is accused of refusing to leave The Eagle Hotel after being asked to do so by security. Le Roy Police responded and officers Robert Tygart and Emily Clark reportedly approached Frye and he was reportedly given several opportunities to leave. When he allegedly refused, he was placed under arrest. Frye allegedly refused to cooperate with the officers and struggled when they tried to place him into custody. Deputies from the Sheriff's Office responded to assist. Frye was Tasered by Deputy Frank Bordonaro. There was then a short foot pursuit before Frye was taken into custody. Frye was jailed on $5,000 bail.

Kenyada R. Peterkin, 29, of 323 Saxton St., Rochester, is charged with menacing, 3rd, criminal mischief, 4th, and endangering the welfare of a child. Peterkin is accused of going to the residence of a woman whom he knows at 5:30 p.m., Friday, and damaging her personal property. He also allegedly threatened the woman there with heated cooking oil. A child present at the time.

Robert L. Williams Jr., 20, of 337 Ellicott St., Batavia, is charged with disorderly conduct and resisting arrest. Williams was allegedly involved in a disturbance in the parking lot of Days Inn, 200 Oak St., Batavia. He was reportedly advised to leave and refused, shouting obscenities. When Officers Darryl Streeter and Eric Bolles attempted to arrest Williams, he allegedly struggled with officers.

Cody Lee Niccloy, 19, of Summit Street, Le Roy, is chargd with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and speed not reasonable for conditions. Niccloy was involved in a property damage accident at 2:47 a.m., Friday, at 7982 Byron Road, Stafford. Upon investigation by Deputy Eric Seppala, Niccloy was allegedly found to be intoxicated.

A 17-year-old resident of Route 237, Byron is charged with petit larceny. She is accused of stealing an iPod Touch from the locker room at Le Roy High School.

Chantel M. Garrett, 18, of Batavia-Stafford Townline Road, is charged with harassment, 2nd. Garrett is accused of punching another student in the face while in a dorm room at College Village.

Kevin John Milbrand, 46, of South Lake Road, Pembroke, is charged with harassment, 2nd. Milbrand was allegedly involved in a fight with another Pembroke resident.

Jeannie M. Mobley, 35, of 10 Hall St., Batavia, is charged with DWAI, aggravated unlicensed operation, 2nd, and unsafe backing. Mobley is accused of backing into another at car at 5:48 p.m., Sunday, near the Clinton Street entrance of Eastown Plaza.

A car is on its side in a ditch in the area of 9208 Sheppard Road, Batavia.

If there are injuries, they are minor.

Town of Batavia Fire and Mercy EMS responding.

The vehicle is in about a 15-foot hole with "somewhat tricky access for the tow," reports a chief.

A chief responding roads are icy and slick at the intersections of Cedar and Main, and Cedar and Ellicott.

There have been a couple of vehicles off the road in various parts of the county, this morning, including a truck that jackknifed in conjunction with a three-car accident at routes 19 and 20 about 6 a.m.

Currently, there is a light snow falling that is expected to last a good bit of the day. It's about 8 degrees and windchill is -5 degrees. Tonight, temperatures are expected to drop to -4.

UPDATE 9:35 a.m.: Town of Batavia Fire cleared. Law enforcement is shutting down Sheppard in both directions so tow truck can position itself to get good traction.

UPDATE  10:03 a.m.: Sheppard is opened.

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Genesee Cancer Assistance held one of its biggest annual fundraisers this evening at Batavia Downs. It featured a full buffet-style dinner, hosted bar, basket raffles, auction and music from The Trolls.

Above, John Gerace, his wife Rhonda and children Taylor, 16, and Jackson, 13. John, a member of Rotary, is the son of Joe Gerace, one of the founders Genesee Cancer Assistance and also a member of Rotary. Rhonda, too, is a member of Rotary (There, that should be worth some fines.)

Local author Thomas Talbot, whose new novel "The Craft" is based on the disappearance of William Morgan, was at Present Tense today signing copies of his book.

A Batavia man is facing 42 counts of criminal possession of a forged instrument after members of the Local Drug Enforcement Task Force searched his residence on Spencer Court and allegedly found forged U.S. currency with a face value of $940.

Taken into custody and jailed with no bail is Lendle R. Tucker, 28.

Also seized on Friday were Tucker's computer and printers.

He was also allegedly found in possession of marijuana, and so charged with one count of unlawful possession of marijuana.

The arrest of Lendle reportedly follows an investigation by the task force into the production and possession of forged U.S currency.

Lendle was allegedly found in possession of forged currency in various denominations.

The investigation is continuing and further arrests are possible.

Assisting in the investigation were Le Roy Police, Batavia Police, the District Attorney's Office and Orleans County Major Crimes Task Force.

A Batavia man was arrested in Oakfield on Jan. 14 after allegedly being found in possession of a shotgun with its serial numbers removed.

A Sheriff's Office press release accuses Jeffery T. Peyman, 21, of Ellicott Street, of possessing a shotgun with its serial numbers obscured with the intent of concealing the gun's identity.

Peyman was charged with criminal possession of a weapon, 3rd. He was located on Pearl Street Road in Oakfield allegedly in possession of the shotgun.

The arrest was made by the Local Drug Enforcement Task Force.

Peyman was arraigned and jailed on $5,000 bail.

A pre-trial hearing, called a felony hearing, was postponed today for Patrick Donahue, the 21-year-old Batavia man accused of rape in the first degree.

Donahue made bail, removing the legal requirement to have the felony hearing within a few days of his arrest.

The hearing is the first chance his attorney gets at challenging the evidence against him.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Above, Lorie Longhany with Dr. Maidul Kahn and the opening tonight of the "Young at Art" show at the Senior Center. Kahn is one of Longhany's newer students. He's holding one of his paintings. It's of Centennial Park in the fall.

Other artists on display are Marie Washburn, Kathy Roblee, Carol La Valley, Longhany, the late David Rice, Sue Morgan, Farrel Ann Burdick, Joan Scherff, Rosemary Christian, Pat Fletcher and Elisa Di Pietro.

Below, Christian talks with visitor's about another artist's work. 

A motor-vehicle accident with injuries has been reported at the intersection of Ellicott and Liberty streets, City of Batavia.

UPDATE: The accident was actually about 100 yards west of Liberty on Ellicott. One person was hurt, but the injuries are apparently minor. It appears that one car rear-ended another.

A proposal to license home improvement contractors who do work in the City of Batavia is being put on hold while further research is done into how the proposed law should be implemented.

The matter has been referred to City Attorney George Van Nest.

City Manager Jason Molino told the City Council about the change in direction during the budget review meeting at City Hall tonight.

While Councilman Bob Bialkowski spoke out against the proposal and Councilwoman Rosemary Christian said she's received a lot of calls on the matter, Council Bill Cox said given the trouble he had with a contractor last year, he leans toward support the proposal.

The proposal was included in the 2011/12 budget. The plan was to impose a $125 annual license fee for contractors doing a variety of home improvement projects, from painting to driveway paving and several other types of improvements.

Christian said there was a lot of confusion about the proposal, such as some people calling her expressing concern that the kid who mows lawns during the summer would have to pay the city $125 per year.

Molino said it's those kinds of definitions that the city attorney will clear up in the research and review process.

There's no timeline for when the proposal might be brought back to the council for consideration.

Police are looking for a hit-and-run driver who struck a pedestrian on Ross Street on Tuesday night.

The 16-year-old girl who was struck was treated for minor injuries at UMMC.

The car is described as a dark colored "old style" sports car. The driver is described as a dark-skinned male.

According to Batavia Police, the pedestrian was walking east on Ross when the car, which was heading east on Washington Avenue, failed to stop at the stop sign. The driver made a right-hand turn to head south on Ross and struck the pedestrian.

Anybody with information that might help with the investigation is asked to call Batavia PD at 345-6350.

A two-car accident, without injuries, is reported at the intersection of Main and Oak streets in the City of Batavia. It is blocking the intersection.

Police are on scene and requesting additional manpower to handle traffic. Two flatbeds tow trucks are requested.

UPDATE 6:34 p.m.: The Batavia Fire Department is called to the scene because one of the vehicles is leaking fluids.

A Batavia mother who admitted that she tried to smuggle oxycodone into the Genesee County Jail for her son will spend five years on probation, County Judge Robert C. Noonan ruled today.

Kathleen Catino, 60, of Seven Springs Road, entered a guilty plea in November. She tried to bring the drugs in September to Cain Catino, 39, who had recently been arrested for an attempted robbery of prescription drugs from the Oakfield Pharmacy.

I’m sorry," she told Noonan. "Would I do again? No. It’s very hard to watch your child suffer. It’s been a very long 15 years."

Dressed all in black, Catino also complained to the judge that  officials at Oneida State Prison are not providing her son -- serving one-and-a-third to three years for attempted robbery -- with the substance abuse treatment Noonan ordered.

He responded that in some areas the legislature has not granted him the power to require corrections officials to do everything he might require of a convict.

"Short of that authority, they're on their own and know more about the business they conduct than I do," Noonan said.

As for Catino's actions, the judge told her "You have to understand, and everybody needs to understand, that just because you see somebody suffering you can’t take the law into your own hands to correct the difficulty."

Noonan did allow Catino, who has no prior criminal history, to retain her driver's license, finding that taking it from her would have posed a significant hardship.

As part of the plea agreement, Catino agreed to be searched or have her home searched by probation at any time.

A fire alarm has sounded at the Walmart on Veterans Memorial Drive. A caller reports the meat case in the grocery section is smoking, but no fire is present.

Town of Batavia Fire Department is responding.

No announcement about evacuating the store has been mentioned on the scanner, but pedestrian traffic at the scene is said to be heavy.

"There's definately the odor of electrical smoke," says a firefighter.

The meat cooler is on the west side of building. Responders say they may need to dismantle the meat case to reach the source of the problem.

The firefighters are asking for a thermal imaging camera and other appropriate equipment.

UPDATE 3:07 p.m.: A firefighter says there's definately an electrical fire in either the cooling or lighting element in the meat cooler. They are working to isolate the problem.

UPDATE 3:15 p.m.: More manpower is called to the scene. A firefighter says the problem is in the lighting element. They have "shut down the main power to the whole building." They want a couple of people to get shopping carts and go to the meat cooler and load them up with product so as to cut Walmart's loss. They are going to use "CO," chemicals, to fight the fire. They want tarps to protect surfaces. They are working to isolate the lighting breakers so other power in the store can be restored.

UPDATE 3:26 p.m.: They are working with management to contact an electrician to go to the scene.

UPDATE 3:30 p.m.: A local contractor has been called and is en route. Meanwhile, the state Department of Agriculture and Markets has been notified, per protocol when food products are involved in a fire emergency.

UPDATE 3:37 p.m.: The state Department of Health has also been notified and will be in touch with Walmart management.

A Batavia man accused of forcible rape can get out of jail while he awaits further legal proceedings if he can raise $10,000 in either cash or bond.

Patrick J. Donahue, 21, of 44 Williams St., appeared in City Court today with his attorney, Kevin Earl, who argued that Donahue should be released under the supervision of Genesee Justice.

Earl also asked for a felony hearing to challenge the validity of the rape in the first degree charge. The hearing was set for 10 a.m., Friday.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Assistant District Will Zickl argued that some amount of bail should be required because of the seriousness of the crime. He also noted that Donahue is currently serving a five-year probation term for a previous, unspecified, conviction.

Earl noted that Donahue has only three months left on the probationary term and has met all of his obligations while on probation.

Earl argued that the release under supervision evaluation should have given more weight to Donahue's employment. Donahue has held down a seasonal job with the same employer for three years and even though he is currently drawing unemployment, he is scheduled to go back to work Jan. 31.

Judge Robert Balbick said that while Donahue may have fallen a point short on the RUS evaluation, it's not all about points. The evaluation does not take into consideration the seriousness of the crime.

Donahue, who appeared in court in a jail jumpsuit and shackled, with a paragraph-long tattoo on his upper left arm, is a lifelong Batavia resident and graduate of Batavia High School.

Eight or nine family members, along with Donahue's girlfriend, were in the courtroom for the hearing.

"I think that shows the support my client has and what they believe about the viability of this charge," Earl said. "They don't think my client would do these things."