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Mandates drive up city's costs; tax increase and use of reserves proposed to balance budget

By Howard B. Owens

In an effort to grapple with ever increasing retirement and healthcare costs, along with maintaining the city's contingency funds, Batavia City Manager Jason Molino is recommending a property tax increase for fiscal year 2012-13.

The proposed budget increases the tax levy by 4.32 percent, or $241,221, to cover anticipated expenses of $15,758,611.

The increase is about $4,000 less than allowed under the state's tax cap law, according to Molino's budget message.

The rate would become $10.94 per $1,000 of assessed value, or $37 per year, or $3 per month, on a home assessed at $80,000.

Near the end of his budget message, Molino, a huge hockey fan, writes, "Put in perspective, Time Warner Cable increased the standard cable rate December 1, 2011 by $4.55/month or $54.60/year, and now you can’t watch the Sabre’s games."

Molino writes:

However, as stated in this message the City is faced with challenging decisions due to detrimental increases in state mandated costs. Use of reserve funds have been tapped to larger extents this year as fixed costs in retirement and healthcare surge, and needed equipment replacements and sidewalk repairs are required. In addition, for the first year in the last five, it is proposed that the City utilize unappropriated/unreserved fund balance to assist with balancing the budget.

State aid for municipalities will likely be reduced again, Molino said.

Retirement contributions are expected to increase 15 percent over the previous fiscal year, or by $182,000.

Healthcare is expected to go up 16 percent, or $256,000 over the prior year.

Much of the healthcare increase is being driven by an increase in health insurance for retirees.

Even with the increase in taxes, the city will need to tap $100,000 from its undesignated reserves to help balance the budget.

The budget also includes setting aside funds for future, potentially larger, increases in retirement and healthcare costs. Those reserves built up in previous years will be tapped in this budget for $65,000 apiece.

"The State’s woes cannot be an obstacle to the City’s success, and this budget continues to put our best foot forward by building our great City to its fullest potential," Molino said.

Designated reserves for equipment replacement ($210,000) and sidewalk repair ($75,000) are also expected to be used in 2012-13.

The undesignated fund balance as of March 31, 2011 was  $493,273, which Molino said is far below the NYS Comptroller’s recommended levels of 5 to 10 percent of general fund operations, which would mean a healthy reserve would be $750,000 to $1.5 million.

The city will need to spend $36,000 on a new phone system, according to the budget message. The current system was scheduled for replacement in 2009 but wasn't. Its manufacturer will discontinue support for the system this year, making repairs more expensive and less reliable.

Water rates will go up 3 percent, if the proposed budget is approved, to $4.44 per 1,000 gallons. Water customers will also pay $8-per-year for anticipated infrastructure repairs and improvements. The fee increases 50 cents year-over-year.

There are no anticipated adjustments to the sewer rate.

In the conclusion of the budget message, Molino writes:

It is strongly encouraged that the City Council considers the proposed tax increase in order to safeguard against significant increases in retirement, healthcare or other costs. While it is understood that a property tax increase is not a popular decision, approving a modest property tax increase complemented with an increase in the contingency account may avoid the need for a more drastic tax increase in following years, which may require overriding the tax cap.

To read the budget message, click here (pdf).

Photo: City Hall photo, file photo.

DEC looking for information on deer that have died from unknown causes

By Howard B. Owens

Press release:

The New York State Department of Environmental Conservation (DEC) is asking the public to report any instances of deer appearing sick or acting abnormally. DEC is only investigating deer that appear to have died from unknown causes and not those that were killed by a vehicle, the agency announced today.

Anyone who sees a white-tailed deer acting abnormally or who finds a dead deer that was not struck by a vehicle is asked to report the animal to the nearest DEC regional office or to an Environmental Conservation Officer or Forest Ranger.

“One of the ways that DEC monitors the health of New York’s deer herd is by performing post-mortem examinations to determine the cause of the illness or death,” said Assistant Commissioner for Natural Resources Kathleen Moser. “We depend on information provided by people who are outdoors to tell us when they see something that does not look right to them.”

Recently, DEC indentified an uncommon bacterial disease in a deer from Warren County. This bacterial disease does not affect humans. However, DEC is seeking additional information to determine the prevalence of this disease in the deer herd and is responding to reports of deer that are acting abnormally. Deer with this bacterial disease may have a swollen head, neck or brisket. They also may exhibit excessive drooling, nasal discharge or respiratory distress. To aid in this investigation, DEC would also like to examine any deer that are found dead from unknown causes.

People should not handle or eat any deer that appears sick or acts abnormally. Sightings of sick, dying or dead deer should be reported to the nearest DEC regional office or an Environmental Conservation Officer or Forest Ranger.

Photos: More of Friday's snow in Genesee County

By Howard B. Owens

Here's five photos from my drive around the county Friday afternoon. It turns out four of them were taken along Simmonds Road in the Town of Darien. The fifth, bottom, on Ellinwood Road.

Car strikes bridge support, children in backseat

By Billie Owens

A vehicle has reportedly smashed into a bridge support on westbound 490 at mile marker 3.1 and the Route 33A overpass. It is wedged into the support and there are a couple of children in the backseat who may need extrication. Bergen Fire Department and Mercy medics are responding. Le Roy Fire Department is also standing by in quarters.

UPDATE 8:56 p.m.: Le Roy is back in service. A flatbed tow truck is called to the scene. There are no serious injuries.

UPDATE 9:02 p.m.: Bergen is put back in service.

More snow, low of 14 degrees expected tonight

By Billie Owens

Information from the National Weather Service:

Tonight there will be more snow showers and and areas of blowing snow until 11 p.m., followed by just more snow until midnight. Then there will be a chance of snow throughout the early morning hours, with a low of 14 degrees. A total of one to two inches of snow is possible.

Two-car accident at Route 5 and Roanoke Road, Stafford

By Billie Owens

A two-car, minor injury accident is reported at Route 5 and Roanoke Road in Stafford. Stafford fire and Mercy medics are responding.

UPDATE 4:04 p.m.: All patients will be sign-offs. Medics are to continue in non-emergency mode.

Regional arts council calling for submissions for debut Members Exhibition

By Billie Owens

The Genesee-Orleans Regional Arts Council is calling for artists to submit work in all media for its debut Members Exhibition, which will run from March 5 through April 27 (from 9 a.m. to 4 p.m. and by appointment).

Works will be displayed in the GO ART! Bank of Castile Main Gallery, Seymore Place, 201 E. Main St. in Downtown Batavia. (Note: the gallery is equipped with the "Walker Hanging System.")

The show will coincide with Arts Awareness Month in March, the GO ART! Salon kick-off, and the DEC Awards Ceremony.

All current members are eligible to enter three pieces of artwork, any media, in the exhibition. Artists may join or renew their memberships at the time of drop off, which is 9 a.m. to 4 p.m., Feb. 27, 28 and 29.

Two-dimensional work MUST be framed, wired and ready to hang. (No sawtooth hangers.)

There are some pedestals available for 3-D work. Check with the GO-ART! office.

GO ART! reserves the right to accept or refuse pieces. All questions should be directed to GO ART! 585-343-9313, or via email <info@GOart.org>

For publicity purposes, GO ART! says it would be helpful if artists could email or call with the size and number of pieces (max is three) by Feb. 17. If the work is to be created or is in progress, simply provide a general idea of size and medium. If you have an image available digitally, that would be helpful to have as well.

There is a registration form that should be completed and should accompany art when it is dropped off. All works should be labeled on the back with name, title, medium and price (if they are to be offered for sale. If sold, GO ART! will get a 10-percent commission). Insurance is the artist's responsibility.

The artist is responsible for providing round-trip shipping, packaging and postal insurance, if applicable.

The exhibiting artists' reception is from 5 to 7 p.m. on Friday, March 16.

Art work can be picked up between 9 a.m. and 4 p.m. May 1 and 2. Art left after June 1 becomes the property of GO ART!

Tractor-trailer jackknifed on Route 63 in East Bethany

By Billie Owens

A tractor-trailer is jackknifed on Route 63 in the Hamlet of East Bethany. The location is between East Bethany and Le Roy roads. It is completely blocking the roadway and yet some vehicles are attempting to go around it. State police are called to the scene.

Big rig blocking Meadville Road in Alabama

By Billie Owens

A disabled tractor-trailer is blocking the roadway on Meadville Road in Alabama. The driver is not inside. Alabama fire is responding.

Jackknifed big rig in ditch leaking fuel on Route 237, Stafford

By Billie Owens

A tractor-trailer is reported to have jackknifed, landing in a ditch, and is now leaking diesel fuel on Route 237, south of Route 33. Stafford Fire Department is responding.

UPDATE 1:04 p.m.: Dispatch reports that 100 gallons of diesel fuel have already spilt due to the rupture of the gas tank. The conditions on that stretch of roadway are very icy and responders are told to use caution.

UPDATE 1:22 p.m.: Stafford is on scene along with a heavy duty wrecker.

UPDATE 2:13 p.m.: The truck was carrying 23 head of young dairy cattle. The roadway is solid ice and winds are hitting at least 30 mph across the open fields. Below, WHAM13's Sean Carroll battles the conditions while giving an update from the scene. He's being filmed by cameraman Tom Maloney. Fire crews are just now clearing the scene.

Photos: A Friday the 13th winter storm in Genesee County

By Howard B. Owens

Welcome to Friday the 13th. The weather remains frightful, travel hazardous and a winter weather advisory remains in place until 7 p.m.

There is a wind advisory in effect until 4 p.m.

The pictures in this post were taken as I returned to Batavia from the egg tanker accident.

Above, off Route 20, Alexander

Browns Mill Road, Alexander

Creek Road, Batavia

Creek Road, Batavia

Photo: Overturned tanker truck hauling liquid egg

By Howard B. Owens

A driver hauling liquid egg from Pennsylvania to a plant in Ontario, Canada, was allegedly driving too fast for conditions, according to Deputy Chris Parker, and he lost control of his rig. The truck slid off Route 20 in Alexander and rolled over in a farm field about a half mile east of Sandpit Road.

The truck was hauling more than 6,000 gallons of liquid egg, which was going to be dehydrated and used as an ingredient for dog food. Nearly the entire contents of the truck spilled into the field.

The driver was not injured, though it took volunteer firefighters about 20 minutes to safely get him out the cab of the truck.

The accident was reported at 8:30 a.m. Alexander fire responded, Bethany's fire police handled traffic control on the east side of the accident. Darien fire was put on standby in its hall while Alexander was tied up on the accident.

Man stuck on a ramp in his wheelchair on North Street

By Billie Owens

A man is reportedly stuck on a ramp in the snow in his electric wheelchair on North Street in Batavia near Narramore Drive. City fire is responding and told to proceed in non-emergency mode.

Winter weather keeping road crews and law enforcement busy

By Howard B. Owens

High winds and blowing snow have been keeping county salt crews busy so far Friday morning.

There are currently reports of an accident on Route 63 and a report of car off the road in East Pembroke.

A UPS truck can't get up a hill in Pavilion.

Currently, National Grid reports no power outages.

The forecast for Genesee County through noon is for more of the same.

The National Weather Service says "blizzard conditions" exist now, though the morning portion of the storm is expected to bring only about one to three inches of snow.

WBTA reports tha Pavilion Central School is closed today and Alexandar Central has a two-hour delay.

UPDATE 7:27 a.m.: Car off the road on the I-490. An electrical wire is reportedly on fire outside the residence at 10 Maple St., Batavia. The caller reports "hearing electrical problems" in the basement. City fire responding.

UPDATE 7:31 a.m.: Engine 12 on scene at 10 Maple, nothing showing. Mercy EMS dispatched to Route 63 and Ellicott for the accident at that location for a patient evaluation. At 10 Maple, firefighter reports "It's a little smoky" in the basement.

UPDATE 7:39 a.m.: National Grid requested to 10 Maple. Power is out. Water has gotten on the breaker box. The cause of the smoke in the basement is out.  Also, in Le Roy, a truck can't get up a hill in the area of Gilbert Street. Law enforcement responding.

UPDATE 7:45 a.m.: National Grid requested to the scene at 10 Maple ASAP. "We have a signficant electrical situation here," a firefighter reports. There is arcing in the basement.

UPDATE 7:48 a.m.; National Grid has a 15 minute ETA for 10 Maple.

UPDATE 7:49 a.m.: Car off the road on Perry Road, Pavilion.

UPDATE 8:08 a.m.: City code enforcement requested to 10 Maple.

UPDATE 8:13 a.m.: A vehicle has struck a mailbox on Route 63 near Bethany Center Road.

UPDATE 8:30 a.m.: A tractor-trailer has rolled over on Route 20 at Sandpit Road, Alexander. No word on injuries.

UPDATE 8:41 a.m.: Regarding the truck rollover -- no injuries.

UPDATE 8:43 a.m.: Car off the road on Route 77 just north of the Thruway.

UPDATE 8:50 a.m.: Heavy wrecker requested to the truck rollover. The tanker was transporting liquid egg, completely biodegradable, and the liquid egg is draining out of the tank, so it will be empty by the time the wrecker arrives. The driver is now out of the truck.

UPDATE 8:55 a.m.: Red Cross requested to 10 Maple to assist a displaced family.

Meeting for STAMP project in Alabama announced by GCEDC

By Howard B. Owens

Press release:

Information addressing the comments of the Western New York Science Technology and Advanced Manufacturing Park (WNY STAMP) Draft Generic Impact Statement (DGEIS) will be discussed at 7 p.m. on Jan. 26 at the Town of Alabama Fire Hall. All property owners in the Town of Alabama will receive a postcard announcing the meeting and the public is welcomed to attend.

A general overview of the WNY STAMP project, the environmental review process and responses to common topics from the DGEIS will be presented. The major topics that were brought up in response to the DGEIS, and that will be covered at the informational meeting include: traffic, chemicals, water and wastewater.

The proposed action, examined by the DGEIS, is the construction and operation of approximately 6.1 million square feet of advanced technology manufacturing and ancillary facilities, along with on-site utility improvements, on 1,337.20 acres of land in the Town of Alabama.

The WNY STAMP site is located along New York State highways 77 and 63, approximately five miles north of the I-90 New York State Thruway. The proposed action will involve rezoning the property pursuant to the Town of Alabama Zoning Law.

According to the DGEIS, the buildable area of the WNY STAMP project is 46 percent of the entire site. The remainder of the land would remain as open space. The intent of the master plan design is to blend the manufacturing park into the existing fabric of the community. The Hamlet of Alabama is separated from the STAMP site by a subtle ridgeline and gracious landscape setbacks from existing uses.

As part of the open space system, only 9.5 acres of wetlands would be impacted by the current design, and the site will retain its rural nature. The park will be built to high-tech industry standards, in line with employee expectations, and will respect its surrounding context and environment.

The completed DGEIS, which was approved by the GCEDC board, can be found on the GCEDC’s website www.gcedc.com

Law and Order: Wood Street resident accused of making up stabbing claims

By Howard B. Owens

Dale A. Swiatowy Jr., 36, of 16 Wood St., Batavia, is charged with two counts of falsely reporting an incident, 3rd. Swiatowy allegedly claimed on Dec. 20 that a man attempted to rob him near Evans Street, cutting him with a knife. On Dec. 23, Swiatowy allegedly reported being stabbed while being robbed on Liberty Street. An investigation by Batavia PD and Investigator Chris Erion of the Sheriff's Office revealed that both reports were allegedly untrue and that the wounds were self-inflicted. (Dec. 20 report; Dec 23 report)

James Russell Hughes, 52, of Oatka Trail, Le Roy, is charged with assault, 3rd. Hughes is accused of head-butting a woman during a domestic incident Jan. 2. An order of protection was issued for the woman at Hughes's arraignment.

Donna L. Richardson, 59, of 43 Main St., Le Roy, is charged with DWI and driving on a suspended registration. Richardson was stopped Thursday evening in the Village of Le Roy by Le Roy Police.

Driver allegedly failed to yield right of way in Elba accident

By Howard B. Owens

A driver reportedly failed to yield the right of way leading to an accident in the Village of Elba on Wednesday morning that sent one man to the hospital via Mercy Flight.

Injured was Lester R. Gillard, 87, of Elba. He reportedly suffered a head and leg injury.

According to a Sheriff's Office release, Gillard was westbound on Chapel Street when his vehicle entered the intersection of Main Street.

Southbound on Main, with the right of way, was a Byrne Dairy milk truck operated by Marc T. Smith, 28, of Brockport.

Smith was not injured. Charges may be pending.

Elba Fire Department and Mercy EMS responded.

The accident was investigated by Deputy Dana Richardson.

(Initial report)

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