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.

A Le Roy resident has been arrested and charged with using marijuana and cash to pay for unspecified sexual acts.

Taken into custody is Thomas J. Hutton, 28, of 92 Lake St., #2, Le Roy.

Hutton is charged with criminal sale of marijuana, 5th, unlawful possession of marijuana and patronizing a prostitute.

Hutton was jailed on $1,000 bail.

The charges follow an investigation by Le Roy Police into an allegation that Hutton paid a third party cash and marijuana for the performance of sexual acts.

A search warrant was executed on Hutton's residence with the assistance of the Genesee County Sheriff's Office, which allegedly led to the discovery of marijuana at the residence.

A 55-year-old Bergen woman who was seriously injured Sept. 30 when a car she was driving was struck by a semi-trailer carrying gravel may need long-term care and rehabilitation, according to her daughter.

Patty Ireland is out of intensive care at Strong Memorial Hospital, but does not recognize people or things, according to Katie Ireland.

"She's improved immensely," Katie said. "We'll have to wait and see how her brain heals itself."

The mother of three children, all now in their 20s, worked at Geneseo College.

Besides the head trauma, Patty suffered other relatively minor injuries -- fractured ribs and some cuts, but the brain injury is the big unknown for the Ireland family.

Katie said they are unsure how long and to what degree Patty will need care and rehabilitation.

From Strong, Patty will be moved to Monroe Community Hospital, then St. Mary's for further rehabilitation and eventually home. The family doesn't yet know if Patty will need 24/7 in-home care or not, or if she does, for how long.

"It's such a long road, it's hard to say exactly what we will need," Katie said.

Friends and neighbors in Bergen have organized a fundraiser for the Ireland family to help with whatever needs may yet arise. 

The fundraiser is a spaghetti dinner and raffles from 6 to 9 p.m. this Saturday, Oct. 29, at St. Brigid Church Hall in Bergen. For more information, click here.

Photo: Jimmy, Beth and Katie with their mother Patty. Submitted by Katie. Katie wanted us to include how grateful the entire family is for the outpouring of community support.

There's been an increase in home burglaries and overnight vehicle break-ins in the Oakfield and Alabama area, according to Chief Deputy Jerome Brewster.

Some of the burglaries may be related and there is at least one person whom investigators suspect being involved in several -- but not all -- of the thefts.

Items ranging from jewelry and electronics to cars and motorcycles have been stolen during the spree.

"Business is kind of booming out that way," Brewster said.

In Alabama there's been a pair of daylight burglaries that investigators think are connected because of the type of items stolen, the similarity between the houses and the close proximity to each other.

Other burglaries include:

    -- a garage on Drake Street, where a pipe wrench was stolen;
    -- homes on Galloway Road and Fisher Road, both with televisions, cash and other items stolen;
    -- a pair of dirt bike thefts on Oak Street and Cary Street in the Village of Oakfield;
    -- a pick-up truck, also stolen in the village, on Mill Street;
    -- and copper stripped and stolen from a home across from Oakfield-Alabama Elementary School on Route 63.

It's likely, Brewster said, that local thieves -- in addition to the one person already a person of interest -- is involved in these larcenies.

A local resident whose car was broken into over night called The Batavian and wondered why the Sheriff's Office isn't increasing patrols in the area.

Brewster said that approach isn't really productive. Unless a deputy is super familiar with a neighborhood, he might not spot cars or people who are out of place.

"That's why it's so important that people call us if they see something suspicious," Brewster said.

Brewster said if a resident sees an unfamiliar car drive down a street and drop somebody off, or if a garage door has been left open, for example, it's a good idea to call the Sheriff's Office (343-5000).

WBTA's Geoff Redick contributed to this report.

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.

Press release:

After a report stating nearly 1,100 bridges in New York State were deemed "fracture-critical," a high percentage of which exist in New York’s 26th Congressional District, Congresswoman Kathy Hochul today called on Congress to immediately pass the American Jobs Act.

"Let's finally pass a comprehensive jobs bill that will not only get Americans back to work, but fix the bridges millions of commuters rely on each year," Congresswoman Hochul said. "These 'fracture-critical' bridges are a threat to the safety of New York residents, especially the residents of New York's 26th District, which had scores of bridges on the list. This report only underscores the need for quick passage of the Job Act.”

New York State currently has double the number of fracture-critical bridges on the list than reported nationwide, while Orleans County, in the center of the 26th District, was reported to have nearly seven times the national average. Over 20 percent of Orleans County's 138 bridges were found to be fracture-critical. Bridges from all other six counties in the 26th District – Erie, Genesee, Livingston, Monroe, Niagara, and Wyoming counties – were also on the list.

Fracture-critical bridges lack redundant supporting elements, which means if one key support function of the bridge fails, the safety and use of the entire bridge could fail, potentially causing a collapse.

Hochul added, "While structurally sound under normal circumstances, there is no reason why these bridges cannot get the necessary repairs to ensure the safety of the driving public. As the former county clerk responsible for putting vehicles on the road, I feel compelled to fight for the money we need from Washington to bring our bridges and roads up to par. Once again, I call for the House leadership to bring forward the American Jobs Act and allow us to vote on infrastructure funding for our districts, while creating much needed job opportunities for our workers."

All seven of the counties Representative Hochul represents have vulnerable bridges that could benefit from passage of the American Jobs Act.

Buffalo News: Surcharge debate reignites in New York

Thelma and Rick Hall are getting their annual Halloween Haunt on Watson Avenue ready for the trick-or-treaters they're hoping will visit them Oct. 31. The Halls are expanding the haunt again this year. It will wrap all around their house and feature new displays and more frights.

A man has fallen approximately 25 feet from a tree at 106 South Main St., Oakfield.

He may have a broken hip.

As a precaution, Mercy Flight on in-air standby.

Oakfield Fire Department and Mercy EMS responding.

UPDATE 2:35 p.m.: Mercy Flight requested to the scene. ETA five minutes.

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 third-quarter interception by Matt Ramsey helped spark the Elba/Byron-Bergen Lancers both offensively and defensively, turning a 0-7 deficit into a 21-7 victory in Saturday's Class B quarter-final playoff game against Pal-Mac.

Zack DuBois came up big again on offense carrying the ball 25 times for 262 yards and two TDs, including an 88-yard, fourth-quarter sprint that sealed the deal for the Lancers.

Ramsey had two interceptions on the day, to go along with seven tackles, and DuBois added another pick.

Cody Naylor, who carried the ball for 14 yards, also scored a TD.

Naylor had 13 tackles, including three for a loss.

Brandon Naylor had 14 tackles, including four for a loss, and two sacks.

Tom Fowler had 12 tackles, including three for a loss, and Emiliano Acosta had 13 tackles, including four for a loss.

Pal-Mac's offense: Stephen Morrell, 14 for 35, 147 yards, one touchdown, three interceptions; Derek Wager, three receptions for 44 yards and one TD; Sean Nolan, 20 carries for 80 yards.

In other weekend football action:

In Class C quarter finals, Wellsville beat Le Roy 42-14 and Attica beat Pembroke 21-6.

In the Connors Ferris Bowl games, Alexander beat Warsaw 21-6. Batavia plays ER/Granada at 3 p.m. today. 

Also this weekend, Oakfield-Alabama lost to Perry 34-28.

In JV Action, the Batavia Blue Devils finished out its season undefeated, 8-0, with a 22-16 win over Greece Olympia. Down 16-14 with 3:11 left in the game, Tyler Pratt returned a kick 92 yard for a go-ahead TD.  Also scoring were QBs Brandon Stevenson and Dakota Swimline.

PHoto of Elba's Zack DuBois by Destin Danser.

With 1:09 left in the game, Clyde-Savannah needed just one point to tie the game, but in high school football, PATs are not automatic.

Eagles Head Coach Nick Dercola decided to roll the dice on a running play. A two-point conversion would all but guarantee a win for the Eagles in the Class D semi-final playoff game.

Derrick Wright took the hand-off and sprinted to the far side corner of the end zone, but Andrew Mullen and Nick Taylor beat Wright to the goal line.

Final score, Notre Dame 27, Clyde-Savannah 26.

Through nearly three quarters of football, the Fighting Irish appeared dominant, using a ball-control running game and a well-executed defense to keep the Eagles on the ropes.

But defensive lapses in the fourth quarter by Notre Dame and a key fumble with less than three minutes to go turned a 27-13 lead into a nail-biter for the Irish.

"They’re a good team," said Coach Rick Mancuso. "When you make mistakes in a big game, good teams are going to capitalize and that’s what they did."

Mistakes by the Eagles -- particularly interceptions -- helped Notre Dame's cause.

Nate Woods helped set up ND's first TD when he picked off a pass early in the first quarter.

Tim McCulley added two more interceptions, including one with less than a minute in the first half and Clyde-Savannah threatening to tie the game at 14. McCulley pulled down a Tom Molisani pass on the three-yard line.

On offense, Nick Taylor led the way with 120 yards on 30 carries. He crossed the goal line three times.

Andrew Mullen added another TD on a 15-yard reception. Mullen also carried the ball 12 times for 68 yards and had six tackles and half a sack on defense.

McCulley was 5-7 for 33 yards and no interceptions.

Notre Dame turned by ball over twice on fumbles, including the key fourth-quarter fumble on the 43 yard line that allowed Clyde-Savannah to pull into a point.

Taylor also had six tackles and half a sack. Also with half-sack credits were Doane McCulley and Aaron McDonald.

Nate Woods returned three punts for 107 yards.

Eagle's QB Molisani was 15-30 for 249 yards.

"They throw ball over yard," said Mancuso. "But that works to our advantage to get a team like that because one of the teams that’s playing now (in the other Class D semi-final game) is also going to be a team that’s going to throw the ball, so this was good experience for our young kids."

Those other teams were Geneseo and Dundee. Geneseo won 64-16.

Notre Dame will face Geneseo on Friday in Rochester.

If you're unable to view the slide show, click here.

This is a view of the Moose River as seen from the Route 28 bridge in McKeever, NY. Bill Moon and I arrived in Old Forge on a Thursday to do a bit of sightseeing and picture taking before canoeing the north branch of the Moose the following day. 

We drove further north to Inlet where Bill had bow hunted in the past. Old logging roads offered access well off the beaten path, with numerous campsites along the way. Here the late afternoon sun illumines towering spruce trees.      

Dead timber, colorful maples and spruce frame the shoreline of a placid pond.

A totally calm surface on Nick's Lake provides a mirror image along the shoreline. 

These canoes no doubt saw a good deal of use this year, but on this day not a soul around. 

Winterberry -- we would see plenty of this stuff growing along the north branch of the Moose River. There we would find it in huge clusters and already minus much of its leafy growth. Stay tuned -- the canoe trip was quite breathtaking.

We hadn't traveled very far when, from the stern of the canoe, I heard Bill Moon say, "Listen to that." Except for the sound of his voice, there was absolute silence. He was referring to the solitude of the Adirondack wilderness. At the time we were paddling the north branch of the Moose River where it winds through brushy banks lined with winterberry and distant hills in the background

Downstream a ways, we would enter green corridors of spruce and pine, and finally stretches of river where the evergreens and maples mingle, splattering a predominantly green shoreline with red and yellow.

"Our ability to perceive quality in nature begins, as in art, with the pretty. It expands through successive stages of the beautiul to values as yet uncaptured by language." 

                                     Aldo Leopold, "A Sand County Almanac"

With the hardwoods already having lost much of their foliage, the evergreens had lost a bit of their backdrop...

yet they towered above the river bank, as aesthetically pleasing as ever.

Except for small birds flitting and rustling in the winterberry, these mallards provided one of our few glimpses of wildlife. Occasionally, the sound of geese could be heard, though they were nowhere in sight. Once or twice we heard the guttural squawk of a raven - it too was heard and not seen. 

The day was sun-filled and warm, the setting serene. The  leaning sycamore pictured above seems to be whispering to the trees on the opposite bank.

Clusters of winterberry  

The sound of water rushing over rocks and around and under sizeable boulders indicated it was time for our lone portage of the trip, a canoe-tote of approximately 200 yards. The portage trail was well-defined, though there were numerous tree roots spanning the path which tested our agility -- and patience.

Bill has made this trip a number of times - here's  "ol' man river" and his understudy!