batavia

The entire staff of South Beach is dressed up for Halloween tonight. Do you recognize owner Ken Mistler?

While you may still be thinking about Halloween candy, the folks at Oliver's need to think decidedly further ahead -- like Christmas. Candy cane production started today. Here's a few photos of the process.

Workers continue to make progress on the roof replacement of County Building #1 at Court and Ellicott streets.  The $214,000 project was awarded to Elmer W. Davis, Inc., of Rochester.

Everything was nice and frosty this morning. It could have made some good photos if I'd gotten out of the house sooner.  

I did head up to Centennial Park just before 9 a.m. hoping for some frost still on the ground and leaves. There wasn't but I took a few pictures anyway. It was still a beautiful morning, and just enough fall left to provide some color.  

The bottom photo, however, is some of the frost I found outside in our own front yard.

A cement truck reportedly dumped two or three yards of concrete on West Main Street Road in the area of West Main Mini Mart.

A witness reports that the driver got out of the truck, fixed the truck's shoot, and then continued westbound.

The truck turned left on Wortendyke and has now reportedly stopped at Cargil on Wortendyke.

Law enforcement is responding.

UPDATE 8:26 a.m.: Truck driver says that his company was notified and is responding to clean it up. A deputy reports that it's just a small portion actually in the roadway and a quick response from either the company or DOT can get it cleaned up. Shortly after that message, the deputy reports that a Town of Batavia highway employee is on scene and is going to sweep it up before it adheres.

The NYS DOT has been dispatched to the Route 98 bridge over the Thruway after an apparently minor injury accident.

A deputy on scene reported black ice conditions after responding to the accident.

A flatbed tow truck has been requested to the scene to deal with the disabled vehicle.

Mercy EMS is on scene tending to at least one injured person.

Town of Batavia Fire Department also responded.

UPDATE 7:21 a.m.: A trooper informs dispatch that DOT should also be notified that the Route 63 over the Thruway is also "pretty slick."

UPDATE 7:35 a.m.: A patient was transported to UMMC with only minor complaints of pain. Town of Batavia fire is back in service.

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.