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Animal stuck between railings in Darien

By Howard B. Owens

Darian Fire is being dispatched to 1431 Broadway Road to assist with an animal that is stuck between either railings or spindles (dispatch used both words).

There is no description of the type of animal that is stuck.

The situation might be inside an apartment.

UPDATE Noon: A fire chief apparently knocked on a door and got no response. Dispatch recontacted the original caller. The address is now corrected to 1341 Broadway, Apt. #4.

UPDATE 12:08 p.m.: Fire is asked to drive around to the rear of the building, to the pool area.

UPDATE 12:13 p.m.: There is no 1341 Broadway. Firefighters told, "it's the building next to the old BG's restaurant."

UPDATE 12:17 p.m.: "The dog is free." Darien Fire is back in service.


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Highlights from the city manager's annual budget message

By Howard B. Owens

As we reported previously, the proposed 2011/12 fiscal year budget for the City of Batavia contains a 1.59-percent increase in the property tax levy.

Below are some highlight's from City Manager Jason Molino's annual budget message, released yesterday:

  • In 2006, the city council embraced a "Road to Reconstruction" plan that outlined three steps to "slow the bleeding," "stop the bleeding," and "recovery." The plan combined cutting expenses, raising taxes, improving fiscal management and, finally, developing a plan for going forward.
  • At the time, the city had a lingering $2.2 million general fund deficit. The city responded by eliminating 35 staff positions and raising taxes by 19.5 percent in 2007 and 8.2 percent in 2008. Prior fund balance deficits were eliminated.
  • Inter-fund loans, taking money from one revenue bucket in the city budget and using it to fund other operations, were eliminated by 2010, improving the fiscal health of the city.
  • The undesignated fund balance -- cash reserves -- moved from a deficit of more than $2 million in 2006 to a positive balance of $206,216. That's still well below the NYS Comptroller's Office recommendation for the city of $700,000 to $1.4 million.
  • There were property-tax increases of 1.6 percent and 1.55 percent in 2009 and 2010.
  • In March 2010, the city council adopted a Water and Sewer Capital Infrastructure Plan to address the city's aging infrastructure. The plan lays out a 10-year road map for infrastructure replacement with no more than a 4-percent increase in water rates and no increase in sewer rates.
  • Consolidation of police dispatch with the county has achieved a $215,000 annual savings.
  • In 2008, the city fire department's ambulance service had created a $1,276,350 intra-fund loan to make up for revenue shortfalls in the service. There was no plan to payback the continued operational deficit, jeopardizing the health of the city's general fund. Elimination of the ambulance service has enabled the city to protect its general fund from further revenue drains.
  • In 2007, the city began to aggressively pursue grants and have so far garnered $4 million in state and federal grants, including (but not all): $1.5 million for the Masse-Gateway Project; $150,000 for sidewalks; $411,000 for Bank Street improvements; $260,000 for consolidating dispatch; and $400,000 for a housing rehabilitation program.
  • "We still have many objectives left to accomplish, such as fund balance and reserve fund growth," reads the report.
  • General fund appropriations for 2011/12 are expected to be $14.8 million, with an increase of the property tax to $10.51 per $1,000 of assessed value. Property tax, however, is only one-third of the city's revenue.
  • A state program, Aid to Municipalities, is expected to decrease by $75,000, following a previous decrease of $38,000.
  • $120,000 from the equipment reserve will be used to purchase a new dump truck/snow plow to replace a 26-year-old truck.
  • The major increase in expenses is to cover pensions. Since 2009, the city's retirement contribution has increased 49 percent, or $528,919.
  • The proposed budget includes continued contribution to reserve fund balances totalling $110,000 for equipment, employee benefit accrued liability, retirement, health care and facilities.
  • Workers compensation is going up 9 percent, or $18,000.
  • The city will buy a new detective's car for the police department at a cost of $20,000. There is also an anticipated $5,000 increase in overtime for community policing and a Neighborhood Enforcement Team, which is part of the new strategic plan.
  • The fire department budget is going down by $60,000, primarily because three firefighters have retired, with lower-wage new hires being brought aboard. The union has agreed to let one position remain vacant for a year. Overtime has decreased by $85,000.
  • Employees represented by AFSCME will receive no wage increase. CSEA employees receive a 1.5-percent increase and fire union employees receive a 2.5-percent increase. There is no wage increase for management employees. The city is also facing arbitration with the police union, which is four years in arrears on a new contract.

Demand for job growth behind proposal for new economic development position

By Howard B. Owens

Since the city eliminated a community development director position, downtown retail vacancies have increased to 10 percent of the available space, double what it was in 2007.

At the same time, fewer businesses have applied for assistance through the city's revolving loan fund.

That data, along with responses from a citizen survey, indicate that the city isn't doing enough to spur economic growth. This is the driving force behind a proposal to create a new economic development coordinator position.

While the overall budget for the new position will be $90,000, only $10,000 of it will come from the city. The remainder will come from money currently in the revolving fund program and Micro-Enterprise Program fund.

Both of those programs could fund the new position for two or three years, according to a report prepared for city council, but it is expected that the coordinator will bring in additional grants to make the position self-sustaining.

"If it's not successful after two years, we'll find another approach," said City Manager Jason Molino.

The city is cutting $15,000 from its grant-writing/consulting budget and shifting $10,000 to the new position, for a budgetary savings of $5,000.

Molino said a big part of the new coordinator's job -- the position will have a salary range of $55,000 to $70,000 -- will be to spur small business growth.

The report says a lot of smaller projects, rather than one big project, is what's needed to drive economic growth, especially downtown, which the report says is key to Batavia's economic vitality.

Between 2003 and 2004, according to the report, the revolving loan fund provided $368,500 in loan assistance for 32 projects.

After the previous economic development position was eliminated, from 2008 to 2009, the program provided only $55,000 in assistance for three projects.

The earlier effort created or retained 111.5 jobs, while the job impact in 2008-2009 covered only 34 positions.

The report also notes that in the recent citizen survey, "economic development/job growth" was the number one service-area concern among residents, ahead of public safety. The survey also indicated that economic growth is also where the city is perceived to be having the smallest impact.

City council has yet to vote on the proposed new economic development coordinator position.

Council agrees to lease extension for Muckdogs to play at Dwyer

By Howard B. Owens

In an item added at the least minute to the city council agenda Monday night, the council approved an extension to the Dwyer Stadium lease agreement for the Batavia Muckdogs.

Formalizing the lease agreement extension in a hurry-up fashion was necessary, said City Manager Jason Molino, because it's only been recently that another year of professional baseball in Batavia was "set in stone." 

Once that was in place, Molino said, the New York-Penn League demanded a lease agreement be in place well before the start of the season.

The NY-Penn League has been pretty demanding during the off season, Molino said, and the city has, in response, made improvements to the field and locker rooms.

"You talk about unfunded state mandates," Molino said. "Minor league baseball has mandates of its own."

Near the end of the 2010 season, league president Ben Hayes spoke harshly about the condition of the Dwyer playing field. Molino said the field wasn't in the horrid shape Hayes made it out to be, but the league did have some (valid) concerns.

"We addressed those concerns in the fall and the league is satisfied with the changes that we've made," Molino said.

The renewed lease makes few changes to prior agreements and does not increase the funding burden on taxpayers, Molino said.

The primary change is memorializing a capital expense fund balance with a minimum balance of $20,000, though the city has a $60,000 balance currently, Molino said.

Weather: Moderate snowfall expected from storm closing in on region

By Howard B. Owens

From three to six inches of snow will accumulate in parts of Western New York, including Genesee County, as a storm hits the region later this afternoon.

The National Weather Services has issued a winter weather advisory for 4 p.m. today through 5 p.m. tomorrow.

Snowfall over night will likely hinder the Wednesday morning commute, the NWS warns.

At times, in moderate snowfall, visibility will be about a half mile.

Show at GoArt recalls vibrance and vitality of local artist's work

By Howard B. Owens

At one point in the 1960s, Roz Hayes wanted to have her work shown at an art show in the area, but a woman with the artist society in charge of the show told her no.

Hayes, who died June 24 at age 87, was painting modern, abstract works at the time, and the other artists in the society were painting still life, recalled her daughter, Pati Cultrara.

"She said, 'Your art isn’t welcome here. This isn’t what we want,'" Cultrara said. "My mother cried and cried and cried. She cried, because it was art, you know, because whether this lady liked it or not, it was art. "

Hayes, though, would keep painting, moving into ever more colorful motifs, creating work that many people wanted to buy, but few got the chance.

Fifty years after that initial rejection, area residents who appreciate art, particularly the vibrant and expressive pictures of Roz Hayes can, at least one last time, take in a retrospective of her work hosted by GoArt! at Seymour Place, 201 East Main St., Batavia.

"With this exhibit you really get a feeling for the artist and for her evolution," said Genesee-Orleans Regional Arts Council Director Kelly Kiebala. "You can really feel how she really blossomed. It’s so colorful and it's really uplifting to look at her work. I think it leaves you with a really good feeling."

During the opening Saturday, Hayes' three children -- Pati, Nancy Cifelli and Tom Hayes -- were on hand to talk with gallery patrons about their mother's work.

They said Hayes started painting when they were elementary school age, though Pati recalled that her mother always seemed to have a visual sense.

"She would block things out, you know," said Cultrara, holding up her thumb like the prototypical artist. "She was always doing that while we were growing up."

At first, Hayes specialized in landscapes with earthy, natural tones.

Despite the rejection of one local artistic matron, Hayes began to find an audience for her work. People wanted to buy her paintings, so many of those early works wound up in the hands of local residents.

"I wish she didn’t sell as many as she did," said Tom Hayes. "We weren’t the richest people in the world and we actually needed the money. "Then it got to the point where she really hung onto her paintings.

"When we cleaned out her house, we found hundreds and hundreds of paintings. We found them everywhere, under beds, closets, you know, tables."

Hayes' later work, especially after her husband Edward died, became much more careful, and near the end of her life, she started her "Jazz" series, paying tribute to her favorite music.

"Whatever she loved in life, she put on canvas," Cifelli said.

Among the paintings the family found in her home after her death, Cifelli said, is one that is now her favorite -- it is of a young Nancy with a white horse she used to ride every summer.

"I never even saw it before," Cifelli said.

Asked what her highly regarded mother meant to her, Cifelli said she never thought of her that way.

“I appreciate her artwork, but I always looked at her more as my mom than as an artist," Cifelli said.

Pati, Nancy and Tom all describe Roz as a woman of great energy, a positive outlook and a multitude of interests.

Hayes took dance and psychology classes, studied piano, collected books and loved going to flea markets.

"She had thousands of books," Cultrara said. "There wasn't anything she didn't want to learn."

While Roz loved New Orleans and its music, and was fascinated by the life of the place, the artist, who never traveled, never visited the cradle of all that jazz music she loved, Tom said.

While in her later career, Roz didn't sell much of her work, she did like showing it off, Cultrara said.

"She glowed (when she showed her work)," Cultrara said. "It meant that people felt it and they liked it and it made her glow. ... To her, art was filling, like when you’re full. You know, when you eat, you’re full. When she painted, it filled her with – well, she was full."

The exhibit runs through Feb. 15.

Tickets are $2 each or three for $5 and are available at GoArt! and online.

For more information, or to make an appointment during non-gallery hours, contact the GoArt! at (585) 343-9313.

Top photo: Nancy, Pati and Tom.

City budget includes proposed property tax increase

By Howard B. Owens

The proposed City of Batavia budget for 2011/12 includes an increase in the property tax levy, taking it up to $10.51 per thousand dollars of assessed value, an increase of 1.59 percent.

The owner of a $80,000 home would pay $13 more per year.

It's a 16-cent increase over the previous year.

Total anticipated revenue for the budget year is projected at $14,800,662.

In connection with release of the budget, the city is releasing a strategic plan. Part of the plan funded in the proposed budget is the creation of an economic development director with a salary of $55,000 to $70,000.

In the proposed budget, the water rate is scheduled to go up 23 13 cents to $4.31 per 1,000 gallons. (strke-thru is correcting a typo in original city press release)

Police Beat: Felony DWI charge after driver reportedly hits hydrant on Bank Street

By Howard B. Owens

Cortney L. Richardson, 28, of 77 Walden Creek Drive, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, speed not reasonable and failure to keep right. Richardson was charged following a one-car, non-injury accident on Bank Street, Batavia, at 2:40 a.m., Friday. Richardson's car reportedly hit a fire hydrant on Bank Street after he allegedly failed to negotiate a turn at Denio Street. Bail was set at $7,500.

Mark Wilhem Hanel, 39, of Swamp Road, Bergen, is charged with criminal contempt, 2nd, and criminal possession of a controlled substance, 7th. Hanel is accused of being in the house of a person he was barred by court order from contacting. Upon his arrest, Hanel was searched and allegedly found in possession of a controlled substance. Bail was set at $2,500.

John M. Taggert, 28, of 16 North Lyons St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating with insufficient headlights. Taggert was stopped on Main Street, Village of Le Roy, at 12:30 a.m., Saturday, by Le Roy Police.

John R. Sherman, 33, of Lima, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Sherman was stopped at 10:20 p.m., Friday, on Route 5 in Stafford by State Police.

Sheriff's Office looking for witnesses to accident in Le Roy

By Howard B. Owens

The Sheriff's Office is looking for anybody who witnessed a non-injury accident Thursday morning on Route 19, Le Roy.

The accident occurred at 6:14 a.m. in front of Le Roy Manor, 8678 Lake Street Road.

A green 2000 Ford Taurus, driven by Deborah A. Rodgers, 43, was pulling from the driveway of Le Roy Manor preparing to turn south when it was struck by a red 2002 Hyundai driven by Leslie J. Exford, 48.

Exford was passing a northbound tractor-trailer. The accident occurred in the southbound lane.

Witnesses are asked to call Deputy Frank Bordonaro at 345-3000, ext. 3229.

Photos: Barns in Byron

By Howard B. Owens

This afternoon I drove out to Byron for a bit and found a couple of interesting looking barns. The pair above, if I remember correctly, were on Warboys Road. Below, a group of barns on North Byron Bergen Road.

Elba student attend's Cuomo's State of State speech

By Howard B. Owens

Sam Lamont, a student in Elba, was selected to attended Gov. Andrew Cuomo's State of the State speech earlier this week.

He was one of 62 students selected from throughout New York. The Elba Central School District was asked by the governor's office to select one of its student.

Sam was selected because of his leadership qualities, involvement in the community and was a Boy's State representative last summer.

Above, Sam is pictured with his parents, Skip and Mari-Ellen Lamont.

Below is his report on attending the event.

Being chosen to attend the "State of the State Address" was an honor. This was my first trip to Albany and yes it was impressive. This was a moment in history.

Seeing Governor Andrew Cuomo outline his plan to bring New York forward and reduce spending was inspiring and rang true with those present.

He is an emotional speaker and today, in Albany, it didn't matter if you were a Republican or Democrat.

He does care about the future of our state. Rochester's own Robert Duffy, taller than I had expected, gained the respect of everyone in the room.

As I sat on the stage, I was immediately impressed by the number of black power suits and the presence of the press. Cameras were everywhere. It seemed everyone was making contacts and later being interviewed as to their opinion of the speech.

The receptions were filled with a cross section of New Yorkers looking forward to a canoli or cheesecake while discussing politics.

I came to the realization that Albany is a powerful place and those individuals in dark suits are many of our elected officials. They are powerful people and are decision makers in our future. Let them hear your viewpoint; vote, contact your representatives and be informed.

Today's Deals: Red Osier, Alex's Center Street, Delvan's and more

By Howard B. Owens

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; new all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Notre Dame's 4th quarter scoring secures win over Perry

By Howard B. Owens

Notre Dame entered the 4th quarter of the Rotary Club of Batavia Girls Basketball Tournament finals down by 8 points.

All night, Perry gave Notre Dame room for plenty of attempts, but the shots just weren't dropping. That all changed in the 4th quarter. Suddenly, whatever invisible shield had been keeping the ball out of the basket disappeared.

The Lady Irish scored 20 points in the 4th quarter, compared only six points for Perry.

Final score, Notre Dame 45, Perry 39.

Carly Pike had 19 points, 8 rebounds, and 4 steals for the Fighting Irish (8-0). Pike scored 13 of her 19 points in the fourth quarter.

In the consolation game, Alexander beat Batavia 56-52.

All-Tournament players: Cheslea Turcer, Alexander; Lisa Redband, Batavia; Karissa 
Schuster and Erica Miller, Perry; Riley Norton, Notre Dame; Carly Pike was named MVP.

Winners photo submitted by Tim Call.

More pictures after the jump, with even more available for purchase by clicking here.

NOTE: For Tuesday's games, I used the wrong pricing sheet for photo purchases. That's been corrected and those photos are available by clicking here.

Police Beat: Oakfield man accused of exposing himself at drive-thru window of coffee shop

By Howard B. Owens

Richard Wolfe, 33, of 36 Garibaldi Ave., Oakfield, is charged with public lewdness. Wolfe is accused of exposing his genitals to a female employee of a West Main Street coffee shop in Batavia while he was sitting in his car at the drive-thru window.

Nathan D. Stephens, 43, of 6258 North Lake Road, Bergen, is charged with aggravated unlicensed operation, 3rd, unlicensed operation and speeding. Stephens was stopped by Deputy Colin Reagan of the Wyoming Sheriff's Office at 6:22 a.m., Thursday, on South Main Street in the Village of Warsaw.

Justin William Bird, 22, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, inadequate headlights and leaving the scene of a property damage accident. Bird is accused of being involved in a property damage accident at 2:26 a.m. in the area of 43 S. Main St., Elba. Allegedly, Bird left the scene without proper notifications and was later located driving in the Village of Elba.

Le Roy Police would like to hear from residents who may have had items stolen

By Howard B. Owens

If you live Le Roy and items went missing from your car or garage the night of Dec. 12, the Le Roy Police may have recovered your missing items.

The police are asking individuals who may have found items missing to come forward and identify the property.

Officers believe the items were stolen by three individuals first observed running from Officer R. Tygart in backyards along Summit Street and Hilltop Drive.

Officers followed the footprints in the snow from Hilltop Drive to Washington Street, Union Street and Crossing Route 19 and then down Munson Street.

The three suspects were eventually located on Gilbert Street and taken into custody. They reportedly admitted to stealing items from cars along the way.

The property recovered: numerous $1 bills, coins, a Sansa MP3 player, an unopened pack of Seneca brand cigarettes, three lighters, two flashlights, some eyehooks, one opened pack of Market menthol cigarettes and one knife.

Also found in the area and believed stolen was one gray plastic tote bin (pictured) consisting of Arizona ice tea, 24 oz. bottles of Dr. Pepper, packs of Orbit Mist gum, Wrigley’s gum and lollipops.

The Le Roy Police are attempting to locate the owners of this property. If your vehicle or garage/residence was entered during this time frame and/or property was found missing, please contact the Le Roy police as soon as possible at 768-2527.

Meet Batavia's 'Cupcake Lady'

By Howard B. Owens

Yvonne Burgess has a real talent -- she can turn an ordinary cupcake into a work of art.

She stopped by The Batavian office Thursday afternoon to show of the decorative "flower box" of cupcakes she had with her and showed off mobile phone pictures of several other designs she's come up with.

The owner of Fry Dogz, a mobile food service, Burgess is looking to expand her business to offer customers cupcakes designed to fit any occasion.

"I feel a lot of enjoyment making these," said Burgess, explaining why she would like to make this speciality her primary business.

She would like to open a retail location, offering other baked goods, as well, in Downtown Batavia, but first, she said, she needs to demonstrate that she can make money making cupcakes.

A cancer survivor (she said she had a brain tumor), she said she's recently found it easier to work for herself, and making beautiful cupcakes is what she enjoys doing most.

"I couldn't find work that suited me (after getting cancer) and this does," Burgess said. "I love creating things and helping others. That's just me."

To contact Burgess, call either 585-591-7911 or 585-861-0414.

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