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.

Congratulations to Robert Tretter, winner of the Main St. Pizza Company NFL Challenge Week 7 contest. Tretter wins one large cheese pizza with one topping. Tretter correctly picked Arian Foster of Houston as the back to gain the most rushing and receiving yards in Week 7. Tretter was selected in a random drawing from among the 12 people who picked Foster.

Winners of the NFL Challenge have one week to claim their prizes.

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.

Apparently, an aurora borealis was visible in Genesee County, at least in Elba, on Monday night. Fran Woodworth submitted this photo.

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.

Part of Gov. Andrew Cuomo's plan to spur economic growth is the creation of regional economic development agenies.

Each region will receive some portion of a $1 billion pie of grants, with most of them being divvied up equally, but the four regions that submit the "best" strategic plan will receive an extra $40 million each.

The money is earmarked for projects that promise job growth.

On Tuesday, the Finger Lakes Regional Economic Develpment Council presented its draft strategic plan at a public meeting, attended by 20 or 30 people, at Genesee Community College.

The purpose of the meeting was to gather feedback on the plan, with a series of booths set up around the forum for people to leave their thoughts on different aspects of the plan.

You can read the draft plan by clicking here (pdf).

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.

We're not quite out of October, there's still leaves on some trees, but snow is in the forecast a little more than 24 hours from now.

There's a 70-percent chance of precipitation, according to the forecast, for Thursday night, with temperatures dipping to 30 degrees.

At this point, there's no prediction of a strong storm -- just cold and wet.

When Pete Tucci heard his dogs barking around 8:15 a.m., he thought he better take a look out his back window.

"It was like the sun had landed in my back yard," Tucci said, describing the big balls of flame bursting from the rear of his neighbor's house at 7167 W. Main St. Road, Le Roy.

"I went out my back door and I could feel the heat, like an octopus all around me, and there were huge flames, just a big blasts of flames," Tucci said.

Tucci was concerned that his neighbor and friend, Chuck Lathan, whose truck was still in the driveway, was trapped inside.

Le Roy Police Officer Daryl Robb knocked down the front door, but heat and smoke beat him back and he wasn't able to get into the house.

"It was just too thick to get inside," Robb said, adding, "If you don't try, you'll always second guess yourself."

Fortunately, Lathan wasn't inside. He recently started working day shifts, so he was at work, as was his wife, something Genesee County emergency dispatchers confirmed early in the fire.

Le Roy Fire, aided by Bergen, Stafford, Pavilion and Caledonia responded quickly to the fire once reported. (Churchville filled in at Le Roy's hall.)

Tucci said Stafford firefighters started spraying down his house to protect it from the fire as soon as they arrived on scene.

"They did a great job saving my house," Tucci said.

The cause and origin of the fire is yet to be determined, but early indications, an investigator said, are it started around the wood-burning stove in the house. 

The house is a complete loss, and possibly all seven cats owned by the Lathans perished in the fire.

"Chuck and Ellie are such great neighbors," Tucci said. "They're really sweet people, and they lost everything."

(Initial Report (including video))

If the slide show doesn't work right for you, click here.

A structure fire is reported at 7180 7167 W. Main St. Road just outside the Village of Le Roy. A Sheriff's deputy on scene said "It's going pretty good." All traffic is to be shut down. A neighbor tells an officer that a person may still be inside. Le Roy Fire Department is responding along with mutual aid from Pavilion, Stafford, Bergen and the Town of Batavia Fast Team.

UPDATE 8:41 a.m.: Caledonia is en route with five firefighters and they are directed to the scene.

UPDATE 8:45 a.m.: There is confirmation that no one is still inside the structure.

UPDATE 9:29 a.m.: The home, which is completely destroyed, is owned by Chuck Lathan. Seven cats perished inside. A wood stove is believed to have started the fire. A state trooper who was one of the first on scene said smoke was pouring from the chimney before the structure caught fire.

UPDATE 9:38 a.m.: The Le Roy fire chief reports the blaze is out and now crews are overhauling the scene.

UPDATE 11:31 a.m.: Video submitted by Charlie Maniscaclo, owner of Scooter's in Le Roy.

The proposed county budget for 2012 will cut local, non-mandated spending by $1.1 million, but because of increases in state mandated spending, the legislature will be asked to approve higher property taxes.

The rate would go from $9.82 per $1,000 of assessed value to $9.95.

This would boost the county's tax levy by $884,000, a figure believed to be below the recently approved tax cap.

The total spending plan of $142,098,429 would eliminate 21.5 county jobs, including many through layoffs.

The budget also includes a new fee on local auto registration to help pay for road and bridge repair.

Even though county departments are cutting spending by as much as 5 percent, state mandated costs are out pacing local cuts.

County costs are being driven up by state mandated expenses, particularly in social services and physically handicapped preschool children's/early intervention budget categories.

The Medicaid weekly share payments are expected to go up by $280,000 and the county's contribution to the New York retirement system will go up $703,000.

In his budget message, County Manager Jay Gsell hits Albany and Gov. Andrew Cuomo hard on the issue of mandate relief, saying that the state Legislature has reneged multiple times on promises of mandate relief and assuming the cost of the state's $53 billion Medicaid program (the county's share is $9.8 million).

A state takeover of the Medicaid burden, Gsell said, would allow the county to lower its tax rate by $3.75 per $1,000 of assessed value.

Gsell said Cuomo has called the state takeover of expenses of this state-mandated program a "subsidy" to local governments.

"His convenient re-creation of the facts of how and why New York State counties are involved in Medicaid benefit funding is one of the most egregious, disingenuous political maneuvers I have witnessed in 18+ years as the Genesee County budget officer," Gsell wrote in his budget message (pdf). 

To help balance the budget, the county will tap into its $9.76 million undesignated fund reserve for $2.6 million. Of that, $1.37 million will help pay for the nursing home.

This action will make it harder for the county to manage its cash flow to meet monthly payout obligations, especially at a time when the state is often slow to pay what it owes to county governments.

"In the private sector, this fiscal position could be akin to bankruptcy, and it could require temporary borrowing by the county just to meet our usual and customary obligations within our 12-month fiscal year," Gsell wrote.

The budget includes a $5 to $10 vehicle biannual registration fee to help fund bridge and road repairs. The fee is expected to generate $234,000 in 2012 and up to $312,000 in subsequent years. Agricultural vehicles would be exempt from the fee.

There is no salary or merit raise increase for non-union/management positions in the budget.

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.