batavia

Residents of 400 Towers enjoyed a Halloween party on Thursday night that included a costume contest, karaoke and sweets.

Local law enforcement agencies will again participate in the DEA Prescription Drug Drop Program on Saturday.

The program allows local residents to drop off any sort of prescription drug for proper, safe and legal disposal -- no questions asked. 

The locations: 

• Batavia PD, 10 W. Main St., Batavia
• Pembroke Highway Garage, routes 5 and 77, Pembroke
• Le Roy PD, 3 W. Main St., Le Roy

Pictured are Deputy Chris Parker, Genesee County Sheriff's Office; Det. John Condidorio, Le Roy PD; Det. Charles Dudek, Batavia PD.

A young woman worked an agreement with Jeremy Almeter, owner of Glass Roots on Center Street, to avoid criminal charges after she was caught on video making an art heist from the shop. The woman walked out the front door with two paintings on the very first day Almeter was using a video surveilance system installed by Rich Clark of Computer and Phone Repair (CPR). Almeter and the woman made an agreement not to release her name. She walked in front of the store for two hours today carrying the sign reading "I stole art from Glass Roots."

A pedestrian has reportedly been struck by a car at the intersection of Prospect and Richmond avenues in the City of Batavia. Batavia Fire Department and Mercy EMS are responding.

A 7-year-old child is being transported to UMMC for evaluation as a precaution. She was riding her bicycle, collided with the car, and she fell to the ground but there was no loss of consiousness and no complaint of pain, according to the medic.

Batavia firefighters are back in service.

Jeremiah T. Jones, 38, of 535 McGinnis Road, Scottsville, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Jones was allegedly involved in a domestic dispute at a residence on Central Avenue at 8:10 a.m., Tuesday.

Kara Jo Oliveri, 27, of Moller Street, Binghampton, was arrested on a bench warrant related to a petit larceny charge. Oliveri was arrested in Binghampton and arraigned in Darien Town Court. Oliveri posted $305 bail.

The cast of "The Producers," this year's choice for the annual theater production of the Batavia Rotary Club (this year, in conjunction with Encore! Theatre Arts, is starting to nail their performances in rehearsals.

Director Lynda Hodgins invited me into the Batavia HS auditorium tonight to take some pictures during the non-dress rehearsal. She allowed me right on the stage during the performance. Thank you to the indulgence of the cast for carrying on as I moved around trying to get some interesting shots.

The show is high-energy and fun. It's not easy to take pictures when you're laughing out loud.

Starring are Steve Valvano and Cal Young as Max Bialystock and Leopold Bloom (pictured above).

The Mel Brooks-written musical is about a broadway producer whose career is in a downward trend when an accountant, Leopold Bloom, suggests that there's more money to be made in producing a real stinker of a show than in producing a hit.

Performances are 7:30 p.m. Nov. 3 to 5 and 2 p.m. Nov. 6 at Batavia High School.

Tickets are $12 for the Nov. 3 show, and $15 for all other shows. Tickets may be purchased online at bataviarotary.com and encoretheatrearts.com, and in person at Lawley Insurance or The Insurance Center.

Jason Michael Norton, 39, of Pekin Road, Oakfield, is charged with grand larceny and petit larceny. Norton is accused of stealing money and giving discounts on store merchandise under retail value while employed at Lowe's. The total value of the alleged thefts exceeds $1,800.

Joseph Charles Wind, 41, of Horseshoe Lake Road, Batavia, was arrested on a bench warrant. Wind was arrested by Rochester Police on a warrant out of Batavia City Court and turned over to the Genesee County Sheriff's Office. Wind was jailed on $100,000 bail. The nature of the underlying alleged crime was not released.

There are eight properties in the City of Batavia that could be put up for auction for non-payment of property taxes, other charges and fees. All eight properties have reportedly been delinquent for three consecutive years.

No date has been announced for the auction.

The properties are:

• 24 Franklin St., a single family home, delinquent $17,244; assessed value $67,700
• 12 Hall St., a single family home, delinquent $12,501; assessed value $29,000
• 1 Pearl St., a single family home, delinquent $27,294; assessed value $48,000
• 3 Walnut St., a single family home, delinquent $18,962; assessed value $54,900
• 48 Walnut St., a single family home, delinquent $29,746; assessed value $54,900
• 109 Walnut St., a single family home, delinquent $27,381; assesed value $52,000
• 11 Watson St., a single family home, delinquent $11,598; assessed value $49,900
• Oak Street, rear, vacant land, delinquent $341; assessed value $1,000

Amy Hlebik and Robert Walton accept a Batavia City Council resolution from Council President Marianne Clattenburg recognizing Nov. 11 as Veterans' Day. Walton is commander of VFW Post 1602, the Veness-Strollo post, and Hlebik is quartermaster.

It seems like a simple thing -- the New York State Legislature passed, and Gov. Andrew Cuomo signed into law -- a bill capping local property tax increases at 2-percent annually.

Except it's not so simple.

If you think that one of these years, your taxes can't go up more than 2 percent over what you paid the previous year, think again.

The tax cap is actually on the tax levy. The tax levy is the amount of revenue a local jurisdiction needs to help pay its bills. A local jurisdiction determines what the levy needs to be and then calculates the tax rate for that budget year.

The tax cap doesn't touch the tax rate at all, nor does it control assessed value. 

The law caps the levy increase at 2 percent, or that's what you might think.

It really doesn't cap it at 2 percent at all. There are exceptions for changes in assessed value and exclusions for increases in pension costs.

For the City of Batavia, for example, the city council could -- perfectly within the tax-cap formula -- increase the tax levy for 2012-13 and raise the tax levy 4.3 percent.

City Council President Marianne Clattenburg's reaction after seeing a tax cap presentation at the council's Monday night meeting: "Unreal."

"This (the tax cap) is misleading to taxpayers," Clattenburg said. "They’re expecting a 2-percent tax cap when they can get a 4-percent tax cap."

Besides not being a straightforward cap on tax increases, the law also provides local jurisdictions with the ability to override the cap with a 60-percent vote of the governing body -- something New York's cities, villages, towns and school boards seem prepared to do across the board, according to The New York Times.

In fact, because there are penalties for failure to abide by the cap, and because the formulas for calculating it are complex, city staff  New York Conference of Mayors is recommending that the council enact a local law to override the cap every year, even if there isn't an increase in the levy at all. That way, the city is protected if a subsequent audit finds the tax levy increased more than allowed under the law.

For the city, once the calculation is done for the 2012-13 fiscal year, the city's levy could increase more than 4 percent, from $5.8 million to $5.9 million.

It hasn't been determine how that potential levy (there's no recommendation or budget decision in the calculation) will impact the tax rate paid by individual property owners.

In 2009, for example, the tax levy increased 4.2 percent, but the tax rate went up by only 1.62 percent.

In 2011, the levy went up 2.5 percent and the rate increased 1.26 percent.

City Manager Jason Molino was quick to point out at the start of Monday's meeting that in any of the financial presentations made, there were no budget recommendations. The presentations were merely to help the council understand current economic factors affecting the upcoming budget.

Part of the presentation, Molino (pictured) provided an overview of the recent "positive outlook" given the city by the bond-rating agency Moody's.

Though Moody's said the city has some financial challenges -- too small of a reserve fund and an unresolved contract with the police union, among them -- the city has made tremendous progress in going from a municipality having a hard time paying its bills to one planning for the future.

"It’s a good feather in the city’s cap that you’ve done the right budgeting, the right financing, over the past several years to get to this point," Molino told council members.

Also on Monday, the city approved an emergency expenditure of up to $35,000 to replace the roof on City Police Headquarters.  

A proposed donation for a veterans memorial was put off until it's time for the city to discuss the budget.

The Salvation Army thrift store at 19 Jackson St. in Batavia reportedly smells like smoke and it is being evacuated. The city fire department is on scene and reports nothing showing, but it is investigating.

Joshua Ray Radley, 25, of Old Meadow Lane, Batavia, is charged with unlawfully growing cannabis, unlawful possession of marijuana and unlawful possession of fireworks. Radley was arrested following an investigation into a complaint filed on July 27.

Loralyn L. Bateman, 35, 874 Gabbey Road, Corfu, is charged with driving while ability impaired by alcohol. Bateman turned herself in at Batavia PD on a warrant out of Batavia City Court.

Michael A. Witkop, 19, 249 Ross St., Batavia, is charged with DWI, aggravated unlicensed operation and improper right turn. Witkop was stopped at 12:38 a.m., Sunday, on River Street, Batavia, by Officer Darryl Streeter.

Brian M. Raphael, 23, of 4 Noonan Drive, Batavia, is charged with aggravated DWI, moving from lane unsafely and improper turn. Raphael was stopped at 1:09 a.m., Saturday, on Liberty Street, Batavia, by Officer Marc Lawrence.

Peter J. Kaiser, 50, of Jackson Road, Middleport, is charged with driving while ability impaired by alcohol, failure to stop for stop sign and speed not reasonable and prudent. Kaiser was charged following an investigation into a traffic accident that occurred Sept. 16 on Lockport Road, Alabama.

Rusty Everett Vanson, 46, of Jefferson Street, Attica, is charged with felony DWI, driving with a BAC of .08 or greater and driving left of pavement markings in a no-passing zone. Vanson was stopped at 12:57 a.m., Sunday, on Attica Road in Alexander by Deputy Jason Saile.

Eric Michael Duda, 49, of Main Road, Stafford, is charged with criminal contempt, 1st. Duda allegedly asked a third party to contact a person he is barred by court order from contacting. He has a previous conviction for criminal contempt, 2nd, within the last five years. Duda was jailed on $5,000 bail.

A six-point buck reportedly ran into the door of Batavia Middle School a short time ago.

Police were dispatched because classes are about to be let out.

A second report says the buck has also run into a car.

A police officer on scene reports that parents are complaining about blood on the door, asking that the school clean up the blood before children are released from classes.

Press release:

The Batavia Development Corporation as administrator of the City of Batavia small business loan funds, has approved and closed the fourth loan this year to spur economic activity within the city. A total of $72,000 has been distributed for assistance in business start-up and acquisition, purchase of new equipment and working capital.

“Receiving this business loan has changed my life,” said Kate Gonzalez, longtime resident of Batavia and new owner of the Enchanted Florist on Main Street, Batavia. “I can not say enough good things about this program.”

Gonzalez received a $22,000 loan to use toward purchase of the successful flower shop that gives Gonzalez the opportunity to become her own boss after 25+ years of florist experience.

Last month, Sunny’s restaurant received a loan to purchase new kitchen equipment. In August, master-barber Brandon Armstrong of City Styles received start-up funds to open his shop on Ellicott Street providing hot-towel shaves and contemporary styles like unique fades and brush-cuts. And, Colin Dentino was able to add new equipment and hire additional employees to deliver professional and entertaining “fencing” classes through En Garde.

Overall, these businesses were able to hire three new full-time persons, five part-time employees and retain two jobs with these funds.

The City of Batavia now offers the only small business grant and loan program available in Genesee County allowing requests as low as $1,000 up to $50,000. Eligible applicants must be located within city limits and use funds for business activities within the City of Batavia. Contact the Batavia Development Corporation for more information by dialing 585-345-6380 or visit online at www.BataviaDevelopmentCorp.org. 

Photo, by Howard Owens: Kate Gonzalez, center, with her mother, Margaret Anna, left, and her daughter, Rachael Heatherman.

The John Gardner Society gathered Saturday at the Pok-A-Dot for the annual reading of the author's works.

Readers were Lucine, Bill and Gretel Kauffman, Erica Caldwell, Terry McCormack, Tracy Ford, Maureen Maas-Feary, Brian Paris, Helen Maier, Terry Abrams and John Maier.

WNED's Jay Moran recorded the readings and will air a segment later in the week, possibly on Wednesday.

If you can't view the slide show, click here.

A two-car accident is reported at East Main Street and Masse Place in the City of Batavia. It is blocking traffic. Unknown injuries. City firefighters are responding.

UPDATE 1:02 p.m.: City fire back in service.

David Michael Johns, 46, of East Street, Gainsville, is charged with grand larceny, 4th, falsifying business records, 1st, and petit larceny. While employed at Kistner Concrete Products, 10056 East Road, Bethany, Johns allegedly loaded merchandise valued at more than $1,100 into a customer's vehicle and failed to turn in funds to the business from the transaction. Johns is accused of falsifying a packing slip and turning it over to his supervisor in an attempt to account for reportedly missing merchandise. In a separate incident, Johns is accused of loading merchandise into a customer's vehicle with a value of $150 and failing to turn funds over to the business.

Joseph James Lloyd, 40, of 100th Street, Niagara Falls, NY, is charged with grand larceny, 3rd. Lloyd, operating as M. Franklin Home Improvement, Inc., is accused of accepting a payment of $15,000 from a Town of Pembroke resident in October 2010 to build a garage on her property, but Lloyd allegedly failed to use any of the money towards the project.

Matthew C. Higgins, 29, of 2823 Graney Road, Caledonia, is charged with felony DWI. Higgins was taken into custody by Le Roy Police after a concerned citizen initially reported an occupied vehicle parked in the driving lane of Perry Road just south of Route 20. When the citizen approached the vehicle, the driver took off north on Perry and continued into the village. A car reportedly driven by Higgins was stopped on East Main Street in the village after allegedly failing to keep right. Higgins was jailed on $5,000 bail.

Seokjoon Suh, 25, of Batavia Stafford Townline Road, Batavia, is charged with criminal possession of a weapon, 4th. Suh is accused of possessing a collapsible baton while at College Village.

Cody James Sundown, 21, of Skye Road, Tonawanda, was turned over to the Genesee County Sheriff's Office by the Niagara County Sheriff's Office on a bench warrant out of the Town of Pembroke for criminal mischief, 3rd. Bail was set at $750 or $5,000 bond.

Robert Lee Williams, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Williams is accused of violating an order of protection by going to the place of employment of the protected party. The order specifically barred Williams from going to that business location.