City Council President Marianne Clattenberg got a little worked up at Monday night's council meeting during a discussion of a proposed local property-tax cap that some Albany politicians are pushing.

“Why do they need us?" Clattenberg said. "They’re going to tell us what we can charge for property tax and then they’re going to tell us what we have to pay. They don’t even need local governments. They want control of everything. Albany is crazy right now.

"This whole sham of a property-tax cap is just a political ploy by the governor’s office to act like they're for the people," Clattenberg added. "So they say one thing to the people and then go the other way to stab them in the back."

At issue was a proposed resolution to send a message to Albany politicians, "no tax cap without mandate relief." The resolution will state that the legislature shouldn't approve a property-tax cap without eliminating mandated expenses.

A vote to place the resolution on the next council business agenda passed 6-3, with Rosemary Christian, Bob Bialkowski and Bill Cox voting no.

Cox argued that the city should be ready to make any spending cuts necessary without tax increases.

"We have other things we can cut," Cox said. "We need to give our property owners and our citizens tax relief. We can’t do it to them unless we take a stand, draw a line in the sand say, 'no more taxes.'"

Councilman Frank Ferrando said he was concerned that if a tax cap is enacted without mandate relief, the city will be forced to cut vital city services and eliminate key city jobs.

Albany, Ferrando said, shouldn't be dictating to local governments how to raise and spend money.

"If we're forced into that situation that could create real problems for our community," Ferrando said. "If we're in a situation where we need to make those decisions, that’s different. We will be making those decisions. We will make those hard decisions, but they shouldn’t be making them for us."

City Manager Jason Molino said mandated expenses on employee pensions, health insurance and health costs continue to escalate. Next year, for example, the city is looking at a $361,000 increase in mandated retirement benefit costs, and under the property-tax cap proposal, taxes could only go up by $72,000, leaving a $289,000 shortfall.

Gregory A. Jones is indicted on a charge of predatory sexual assault against a child, a Class A-11 felony. Jones is accused of raping a child of less than 13 years of age while in an apartment at 34 Main St. in the Village of Le Roy.

Craig A. Tiberio-Shepherd is indicted on a charge of DWI as a felony. Tiberio-Shepherd is accused of driving drunk Aug. 14 in the Town of Pembroke.

Dominic J. Cordello Jr. is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Cordello is accused of driving drunk on Aug. 11 in the Town of Alexander.

Matthew A. Beccue is charged with a misdemeanor count of criminal possession of stolen property, 5th, and criminal possession of stolen property, 5th. Beccue is accused of possessing two stolen Dell desktop computers. The Grand Jury did not find sufficient evidence to indict Beccue on felony charges, but did find sufficient evidence to sustain the misdemeanor charges, so the case is returned to the Pavilion Town Court.

Jason L. Pask is indicted on a charge of criminal mischief, 2nd. Pask is accused of damaging another person's car, a 2010 Camaro SS, causing damage in excess of $1,000 in value, on July 24.

Tacoya S. Johnson is indicted on charges of criminal possession of a forged instrument, 2nd, and grand larceny, 3rd. Johnson is accused using a forged instrument to steal more than $3,000 while at a local bank branch on Oct. 31, 2007.

Dannielle D. Sturgis-Ruise is indicted on charges of criminal possession of a forged instrument, 2nd, and grand larceny, 4th. Sturgis-Ruise is accused of using a forged instrument to steal more than $1,000 from a local bank branch on Oct. 27, 2007.

William A. Muoio III is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Muoio is accused of driving drunk Aug. 22 in the Town of Le Roy.

Jennifer L. Coombs is indicted on charges of DWI as a felony and driving with a BAC of .08 or greater as a felony. Coombs is accused of driving drunk June 30 in the Town of Byron.

Cheryl A. Vagg is indicted on a charge of driving while ability impaired by drugs as a felony. Vagg is accused of driving while under the influence of drugs July 3 in the Town of Alabama.

The Grand Jury returned a "no bill" (finding insufficient evidence to support the charges) on Shawn C. Wetmore. Wetmore was charged in the City of Batavia of burglary, 3rd, criminal possession of stolen property and unauthorized use of a motor vehicle.

Joanna M. Morgan, 37, of Wyoming, is charged with felony DWI, DWI, driving with a BAC of .08 or greater and driving with view obstructed. Morgan was stopped by Le Roy Police Officer Emily Clark on Sunday following a report of two people out of a vehicle and fighting along the roadside of I-490. Morgan, driving a vehicle that matched the description of the one spotted on I-490, was found in the Village of Le Roy. Following a traffic stop, Morgan was allegedly found to be intoxicated. A child under 16 years of age was reportedly in the car, leading to the felony DWI charge.

Darrel R. Scroger, 33, of Swan Street, Batavia, is charged with three counts of petit larceny and possession of burglar tools. Scroger was taken into custody at 2:56 p.m., Thursday, in the Target parking lot as a result of an investigation into stolen mobile phones. The phones were reported stolen over the previous week. Scroger was allegedly caught stealing from Target. He is also accused of shoplifting from Target on Dec. 6 and Dec. 8. Scroger was jailed on $500 bail. The investigation was conducted by Deputy Joseph Graff, Deputy Patrick Reeves, Deputy Brad Mazur and Sergeant Thomas Sanfratello.

Jerome Sanders Dennis, 24, of Jackson Street, Batavia, is charged with criminal trespass, 2nd. Dennis allegedly entered a residence on Drake Street, Oakfield, at 3:50 p.m., Dec. 8, without permission of the owner.

Aaron D. Bradley, 29, of 679 E. Main St., Batavia, is charged with harassment, 2nd, and criminal obstruction of breathing or blood circulation. Bradley is accused of placing his hands around the throat of a victim during a domestic incident at an unknown time Sunday. He was jailed on $1,000 bail.

Elizabeth A. Wesley, 38, of 31 Trumbull Parkway, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Wesley was stopped on a street in Batavia at 12:31 a.m., Sunday, by Officer Matt Fleming. Wesley was jailed without bail.

Joshua A. Canfield, 21, of 190 Greeley Ave., Hornell, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Canfield was stopped at 3:28 a.m., Sunday, by Officer Eric Bolles, after allegedly running a red light at West Main and Ellicott streets.

Amber N. Wallace, 21, of 4 Highland Park, Batavia, and Nicole L. Cramer, 21, of 2 Highland Park, Batavia, are charged with disorderly conduct. Wallace and Cramer were allegedly observed by police officers fighting on Pringle Avenue at 2:38 a.m., Sunday. They were taken into custody by officers Eric Bolles and Frank Klimjack.

Justin M. Hoover, 30, of 22 Tracy Ave., Batavia, is charged with criminal possession of stolen property, 5th. Hoover is accused of possessing items stolen from vehicles on the south side of the city the night of Nov. 24. He was taken into custody on Friday by Det. Pat Corona.

Amy A. Wagner, 41, of Angola, is charged with harassment, 2nd. Wagner was arrested by State Police for an alleged incident on Aug. 21. No further details released.

Aaron J. Huck, 27, of Brockport, is charged with DWI and aggravated DWI. Huck was stopped at 4:11 p.m., Friday, by State Police on Townline Road in Bergen. Huck was held without bail.

A pair of smoldering ovens mitts are the likely cause of a late morning fire in East Pembroke that has put an Angling Road couple out of their home.

The fire destroyed the back portion of the home at 2583 Angling Road, and it sustained heavy smoke and water damage throughout.

Daniel and Sarah Norway escaped the home safely with assistance from Deputy Brian Thompson. A dog was taken out of the house with Sarah and a cat was rescued by firefighters. Two other family cats perished in the fire.

The fire was reported at 12:10 p.m. Sarah reported smelling smoke, looked out the back door and saw flames. She woke up Daniel. He immediately went outside and found the back stairs gone and flames climbing up the walls.

Thompson arrived on scene to find Daniel trying to put out the fire and Sarah was still inside with the dog. Thompson got them out of the house. The deputy's report says "snow was thrown on the fire" while awaiting the arrival of firefighters, without saying who threw the snow on the fire.

According to Thompson's report, Sarah said she had thrown a pair of smoldering oven mitts out the back door around 11 a.m.

East Pembroke Fire responded to the scene and assisting at the scene or in fill-in roles were Town of Batavia, Pembroke, Corfu, Darien, Indian Falls and Oakfield along with Genesee County Emergency Services. An Animal Control officer also responded and took an orange tabby to the Batavia Animal Hospital.

The fire was first called in by neighbor Raymond Russell of Read Road.

The house is assessed at $71,300 and was insured.

(Initial Report)

A structure fire is reported at 2583 Angling Road. It's between Read Road and Church Street. There is black smoke billowing from the corner of the house.

A firefighter on scene says there is heavy smoke coming from the rear of the residence.

Another says "Occupants and dog are out. It is involved."

East Pembroke and Town of Batavia fire departments are responding. An engine from Corfu is also requested.

UPDATE 12:24 p.m.: This East Pembroke fire has gone to a second alarm. Mercy medics are on scene. Corfu has called for an engine from Darien to stand in at Corfu's hall. A tanker from Indian Falls is requested. "It's starting to go fast -- everybody be careful because of the ice." But a bit later "The floor is gone. All interior firefighters are ordered out of the structure."

UPDATE 12:29 p.m.: Town of Batavia calls for an engine from Corfu to fill in at its station. Some units on scene are working to try and protect the garage.

UPDATE 12:35 p.m.: Oakfield is called to fill in at Town of Batavia's fire hall. Despite the prior directive, and the collapse of the floor, firefighters are now on the second floor of the house working to put out the fire. National Grid is notified, no ETA given. A chief asks "Do we have a crew for the roof?"

UPDATE 12:50 p.m.: The chief says "The fire's out. We're just trying to clean up in here. There aren't any hot spots." Also, a badly injured cat was found at the scene (presumably it has suffered burns). It is not known whose cat it is, if anyone's. It has been placed inside the garage and people from the animal shelter are on their way to get it and treat it. According to Sheriff's Deputy Brian Thompson, the fire started outside in a stairwell from unknown causes. A man and woman were asleep in their bedroom when the woman awoke and smelled something burning. By then, the fire had starting climbing the walls of the residence.

UPDATE 1:13 p.m.: The rescued cat did not apparently suffer from burns. Rather it experienced severe smoke inhalation and was heavily doused with water. It is one of three of the family's cats and is being taken to Batavia Animal Hospital on West Main Street Road. The other two cats remain unaccounted for.

UPDATE 2:04 p.m. (by Howard): Red Cross requested to the scene. Also, photo above of the red tabby that was rescued from the house. It was covered in water that had frozen and probably suffered from smoke inhalation, but was crying loudly as it was being carried here. The firefighter is taking the cat to a garage where it might be warmer. An Animal Control officer picked up the cat a short time later and took it to Batavia Animal Hospital.

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A former Rochester City Council member and current appointee to the Monroe County Community College Board of Trustees was arrested at a GCC woman's basketball game yesterday.

John Parrinello, a defense attorney who served on the Rochester council in the 1970s and lost a bid for mayor in 2006 against Robert Duffy, was charged with criminal trespass, 3rd, after being arrested by State Police Trooper Daniel Hollands.

Hollands was dispatched to the GCC gym at 4:35 p.m. for a report of a fan causing a disturbance and refusing to leave.

According to the State Police, campus security reported the suspect was using vulgar language.

When Hollands arrived, he contacted Parrinello and advised him to leave. Parrinello refused. Then Hollands reached for his handcuffs, according to reports, at which point Parrinello agreed to leave, but then reportedly would not exit the building by the route ordered by Hollands. At that point, Parrinello was arrested.

Parrinello is scheduled to appear in Town of Batavia Court at 1 p.m., Dec. 20.

Sources: WHAM 13, Democrat and Chronicle, MCCC web page.

Over the past few years I have involved myself in politics in Genesee County and specifically in the City of Batavia.  During that time I have seen Batavia and Genesee County experience ups and downs, from scraping the bottoms of high deficit and debts to being fiscally in the black.  Batavia is currently at a crossroads, we are at the pinnacle of a shift to a new type of economy that is taking root in Western New York.  Due to being placed between Buffalo and Rochester, we are centrally placed for the rebirth of both cities as growth begins in exciting new industries (light manufacturing, tech and data entry to be specific).

That all being said, old ideas and old ways of local government operating are going to go out with the dinosaurs.  Yes, the same old problems will always dominate local issues, whether it be taxes, crime or neighborhoods.  We have a tremendous opportunity though to change the way that we address these issues because of the information age.  Government can instantly access information and make itself more efficient to provide services to citizens and reduce the old layers of acrimonious, old-style government.  New efforts for government consolidation provide progressive (not used in the national political sense, more meaning as forward thinking) ways to reduce costs, improve on the services we have and provide a lower tax burden by eliminating duplicating agencies.

Batavia needs a new generation of political candidates who understand these ideas.  We need candidates that understand the power of new technologies that make data easier to access and services easier to provide.  We need candidates that will harness the opportunities that are going to come out of Albany with regards to consolidating antiquated governments.  We need candidates that are going to be looking towards the future, intent on providing young families with a great place to grow, rather than constantly looking backwards towards easier times.
 

I do not mean this as a criticism of anyone who currently serves. I simply believe that Batavia needs candidates who will embrace moving towards the future, no matter how difficult the transition because they understand that our best days are ahead of us.  The future lies in innovation.

Brady Smith arrived here from Australia in mid-August, long before cold temperatures and snow enveloped the region. So it wasn't surprising to hear him say, "I love it here." Asked how he's handling the sudden climate change, he stated, "I'm slowly getting used to it."

Brady was recruited from the land down under by GCC soccer coach Ken Gavin. Once the soccer season ended, he made his way to the college pool where he not only swims for the Cougars, he also works as a lifeguard. (Brady is one of five international students on coach Mike Kroll's swim team.)

"I love swimming," he said. "I was a swimmer for my school back home."  A phys-ed major aspiring to be an athletic trainer, Brady hails from the city of Brisbane in Queensland, located in Eastern Australia. Shortly after meeting Brady, I asked him about the toxic and deadly creatures that inhabit the Australian continent. I had read of and seen on the nature channel that of the 10 deadliest snakes in the world, nine are found on the Australian mainland. The other being a sea snake found in the waters off the Australian coast. I wanted to know, were they really as numerous and deadly as I'd heard - or was it a case of sensationalism and TV hype.

"They're for real," he said.

He then mentioned a few species of poisonous snakes with which he's familiar; the King brown, the taipan and the tiger snake. The brown and its subspecies have been known to inhabit populated areas, making it particularly dangerous. And while deadly reptiles garner most of the attention, spiders are very high on Brady's list of critters to be avoided, most notably the red-black and funnel web spiders.

"I don't like spiders," he said with emphasis. "My parents were having a barbecue and one of my mom's friends was bitten by a red-black spider."

(The Australian red-black is closely related to our black widow -- black with a red marking on the abdomen and it often cannibalizes the male after mating. They are also highly venomous.)

"She got pretty sick," he said of spider bite victim. "She had to be hospitalized -- but she made it." 

Asked about his outdoor pursuits back home, Brady said he did some fishing and snorkeling, the latter including a bit of spearfishing. But surfing is his first love.

"I didn't think I'd miss surfing so much. I surfed every day back home." This prompted the obvious question, "Have you had any encounters with sharks?" The look on his face seemed to say, "I'm glad you asked."

"I was with two buddies," he began, "we were surfing off Mujimba Beach. There's an island that's a 25 or 30 minute paddle out to sea. It's called Old Woman Island. About 20 minutes into the paddle, a big fish appeared maybe 15 meters away. It was a tiger shark. We knew it was a tiger because of the spots on its dorsal fin."

Thankfully, the shark in this instance was a bit curious and nothing more -- unlike his next shark encounter.

"A month later, off that same beach, four of us were just sitting on our boards about 50 or 60 meters offshore when a bull shark swam below us. I saw the shadow and told my buddies, "Swim in! Swim in!.....There's only one reason you say "swim in," so no one asked - they just paddled in."

We talked briefly about a few of the other poisonous creatures in and around Brady's homeland. One was the blue-ringed octopus, about the size of a golf ball, very pretty to look at and highly venomous to the touch. And the stone fish, so named because they are so perfectly camouflaged they look like a rock on the bottom. As a result, barefoot bathers sometimes step on them, receiving a strong dose of poison from the spines of their dorsal fin.

It was only last Thursday -- Friday in Australia -- when Brady's father found a 6 or 7 foot carpet python curled up on the patio. In relating this incident, Brady didn't even raise an eyebrow -- nothing out of the ordinary.

"Dad is big on fishing. He likes to fish off the beach. He's caught some big sharks that way," said Brady. "He likes fishing off the beach at Fraser Island - that's where the purebred dingoes (wild dogs) live. It's the only place in the world where the purebred dingoes reproduce. Anyway, while at Fraser Island dad once brought a tourist bus full of Asians to a stop so they could watch him fight a bronze whaler." (I later learned a bronze whaler is known in other parts of the world as a Copper or Narrow-toothed shark)

With the semester drawing to a close, Brady will be heading back home for a reunion with his family; parents Ken and Shelley Smith and younger brothers Lewis and Darcy. Thankfully for Brady, summer down under is just getting under way and he will no doubt find time to do some surfing.

A 46-year-old woman was taken by Mercy Flight this morning to ECMC after being struck by a hit-and-run driver on Council House Road, Tonawanda Indian Reservation.

Sherri L. Abrams, a Skye Road resident, was walking eastbound when she was struck by an eastbound car driven by a person who fled the scene at 5:26 a.m.

No vehicle description was released.

The accident was investigated by Deputy Kevin McCarthy.

Deputy Brian Thompson e-mailed this reminder for drivers to slow down and be mindful of road conditions:

Please remember to drive with headlights on in inclement weather. Especially fog and rain. Conditions for black ice and hydroplaning are peaked right now. Please slow down and don't use cell phones or text message. Keep eyes on the road, reduce speeds and increase following distances. The life you save may be your own. Thanks! NY State VTL 375 2a1 is applicable.

The vehicle and traffic law mentioned by Deputy Thompson refers to having two working headlights.

Headlights are required a half-hour before sunset (today, at about 4 p.m.) through a half-hour after sunrise (tomorrow, that will be about 8 a.m.), and any time conditions require windshield wipers.

A motor-vehicle accident with injuries is reported at Alleghany and Indian Falls roads. Mercy Flight is called but unavailable. Alleghany Road (Route 77) is blocked north and south. Traffic is also to be shut down at Little Falls, Gabbey Road and the Thruway exit.

Responders include Pembroke, East Pembroke, Indian Falls and Oakfield fire departments and Mercy EMS.

UPDATE 11:55 a.m.: so far, on victim has been transported to UMMC and another to ECMC.

UPDATE 12:01 p.m. (by Howard):  Roads back open, fire departments back in service.

A driver said the headlights from a DEC truck parked on Roberts Road, Basom, prevented him from clearly seeing a group of people standing along the roadside about an hour after sunset yesterday leading to an accident that injured six men.

All six men were standing along the road. One of them was a Department of Environmental Conservation officer who was checking on hunting licenses.

Injured where:

• Gary D. Olson, 52, of Avon. He was taken to Strong Memorial Hospital by Mercy Flight.
• David Swooper, 39, of Youngstown. He was transported to Erie County Medical Center by Mercy Flight.
• Shawn C. Bailey, 22, of Lockport. He was transported to ECMC.
• Charles R. Smith, 72, of Gasport. He was transported to ECMC.
• Stephan C. Olay, 39, of Ransomville. He was transported to ECMC.
• Patrick N. Green, 21, of Youngstown. He was transported to ECMC.

The driver, Erik Olsen, 55, of Roberts Road, Basom, was not injured.

Olsen was westbound on Roberts Road at 5:49 p.m. The DEC truck was parked facing east, in the westbound lane.

No citations were issued, according to the Sheriff's Office accident report, prepared by Deputy Patrick Reeves.

Alabama Fire, Oakfield Ambulance, Mercy EMS and the Genesee County Office of Emergency Management assisted at the scene.

(Initial Report)

This evening, at Darien Lake State Park.

Barn on Jericho Road, Bethany.

Barn on Harlow Road, Darien.

A Sheriff's patrol has been dispatched to the intersection of Killian Road and Pratt Road for a dangerous condition report.

There is apparently a jaywalking snowman stuck in the middle of the road.

Three ambulances have been requested to the scene of a motor-vehicle accident in the area of 1910 Roberts Road, Basom.

Mercy EMS and Oakfield's ambulance have been requested to the scene.

Mercy Flight is responding from Buffalo and Batavia.

Alabama Fire responding.

UPDATE 6:06 p.m.: First Mercy Flight ETA is four minutes. All victims are out of the vehicles. No extrication is required.

UPDATE 6:18 p.m.: One Mercy Flight is on the ground. The pilot of that of the first Mercy Flight has said a second landing zone needs to be established because Mercy Flight 7 sits closer to the ground and cannot land in the cornfield used for the first landing zone.

UPDATE 6:27 p.m.: Mercy Flight 7 on the ground.

UPDATE 6:39 p.m.: Mercy Flight 7 in the air. If the first Mercy Flight has left the scene, we missed the call.

UPDATE 6:46 p.m.: One flight headed to ECMC, the other to Strong.

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An Alden man is being held in jail without bail after being accused of trying to steal a historic long gun yesterday from the Holland Land Office Museum, 131 West Main St., Batavia.

An observant witness spotted a person leaving the museum with the long gun hidden under a trench coat and followed the suspect's car, phoning the dispatch center with a license plate number, description and direction of travel.

Taken into custody at the intersection of West Main and Oak streets shortly after 1:30 p.m. was Frank J. Bieniek, 55, of 962 Virginia Drive, Alden.

The gun is valued at more than $3,000.

Bieniek is charged with grand larceny 3rd and criminal possession of stolen property 3rd.

The case was investigated by Officer Matt Flemming and detectives Kevin Czora and Todd Crossett.

Bieniek will be arraigned and receive a bail review in City Court at 11 a.m., Monday.

(initial report)

Freezing rain and icy roads are being predicted for Genesee County by the National Weather Service.

The winter weather advisory goes into effect at 6 p.m.

While the weather service describes the amount of freezing rain as "spotty" and accumulation as only "trace," it does warn of slick roads and walkways.

Last evening, I took pictures of Christmas lights of several homes on the south side of Batavia. Above a home on Ganson Avenue.

More pictures after the jump:

Osterhout Street

Highland Street

Jackson Street

Hutchins Street