As is his tradition, Ken Mistler hung a giant flag on the Carr's Building today to commemorate 9/11.

I spoke with Kenny a bit outside of "The Daily Grind," which will be his new coffee, tea and juice bar at the corner of Jackson and Main streets. He said he's about two weeks from opening because noisy work is still going on inside of the gym he's building adjacent to it.

The little guy I am holding in my arms now tends bar at Center Street Smokehouse. He was six months shy of his third birthday at the time of photo. Earlier that year Claudia and I had eaten dinner at Window's on the World, the restaurant situated on the 108th floor of the World Trade Center's south tower. It was evening, and I remember looking down into New York Harbor and thinking how small the Statue of Liberty seemed.  I took these moments for granted until Sept. 2001.   

Yesterday, ignoring the calls from leaders within his own party, Rep. Joe Wilson refused to apologize on the House floor for shouting out "you lie!" during President Obama's big health care speech. [1]

In fact, he recorded a new YouTube video defending his attacks on Obama's health care plan and requesting donations for his re-election campaign! [2]

This is the kind of disrespectful and dishonest behavior we've come to expect from right-wing mobs and talk radio hosts recently—but it's simply unacceptable for a member of the United States Congress.

Rep. Joe Wilson heckled President Obama during his big speech on Wednesday. Now progressives are teaming up to fundraise for Wilson's Democratic opponent.  Rob Miller is a Democrat and an Iraq war veteran, and last year he won 46% of the vote against Wilson despite raising half as much money.

Grassroots progressives are teaming up to help Rob Miller take on Joe Wilson, raising over $750,000 in less than two days.

While Wilson initially apologized to the White House for his outburst, by yesterday he was already backpedaling. He refused calls from leaders of both parties to apologize on the House floor and claimed that he had been "overwhelmed" with supportive phone calls. [3]

And the conservative media is defending Wilson. Rush Limbaugh said on his show yesterday that Wison shouldn't have apologized. [4] Sean Hannity, who had Wilson as a guest on Fox News, told him, "You're right and the president is wrong," and urged viewers to donate to Wilson's campaign. [5]

This is mean-spirited right-wing politics at its worst—and we've got to fight back. As President Obama said Wednesday night, "I won't stand by while the special interests use the same old tactics to keep things exactly the way they are. If you misrepresent what's in this plan, we will call you out."

Sources:
1. "Wilson Refuses to Apologize on House Floor," Roll Call, September 10, 2009.
http://www.rollcall.com/news/38373-1.html?CMP=OTC-RSS
2. "Joe Wilson YouTube: 'I Will Not Be Muzzled'" Talking Points Memo, September 10, 2009.
http://www.moveon.org/r?r=51906&id=17214-1740236-mvAYcPx&t=5
3. "Joe Wilson: 'I Have Been Overwhelmed' By Supportive Phone Calls," Talking Points Memo, September 10, 2009.
http://www.moveon.org/r?r=51904&id=17214-1740236-mvAYcPx&t=6
4. "Limbaugh Wishes Wilson Had Not Apologized," Media Matters, September 10, 2009.
http://mediamatters.org/limbaughwire/2009/09/10#0044
5. "Rep. Joe Wilson Talks With Sean Hannity, Stands By His Comments," The Washington Independent, September 10, 2009.
http://www.moveon.org/r?r=51905&id=17214-1740236-mvAYcPx&t=7

Two men have been charged with burglary for allegedly breaking into a home on State Street on Sept. 2.

One of the men had been previously arrested and charged with possession of stolen property after he was reportedly caught driving a car stolen from the residence.

Burglary in the second degree charges were filed against Reginald M. Wilson, 283 Seneca Manor Drive, Rochester, who was reportedly found driving the car, and Dillon M. Brito, 17, of 15 Maple St., Batavia.

The duo allegedly stole jewelry, cash, prescription medications, a clock, liquor, wine and food items. 

The resident was home sleeping at the time of the break-in, according to Det. Pat Corona.

Brito, who is also accused of breaking into a house on Maple Street this week, was taken into custody Wednesday.

Both men are being held without bail.

Photos: Wilson top, Brito bottom.
 

A spokesman for the task force reviewing Off Track Betting operations in New York wrote to The Batavian yesterday to say:

With reference to the item on the Genesee County Legislature's opposition to a purported takeover of regional Off Track Betting corporations, I wish to assure your readers that the New York State Task Force on the Future of OTB has proposed nothing of the kind.

Joseph Mahoney, public information officer for the New York State Task Force on the Future of OTB was responding to an article The Batavian posted about the Genesee County Legislature passing a resolution opposing any state takeover of OTB, specifically, Batavia Downs.

By this time, Assemblyman Steven Hawley had been very clear that there has been no discussion in Albany of any such takeover.

What I find curious was the wording of Mr. Mahoney's message to The Batavian. He said there has been no proposal. That leaves unsaid, could there be a proposal?

So I wrote back to Mr. Mahoney and asked that and other specific questions such as, "Is there anything on the table that could, possibly, maybe reduce the amount of local control, control of the current operators?"

Mr. Mahoney's response: Visit our web site. 

Well, among the first documents I open is the minutes from the group's first meeting, June 25, in which Chairman John Van Lindt is reported to say  that topping the list of possible outcomes of the Task Force's work is "consolidation to achieve cost savings by efficiency of operations."

To me that sounds like centralization of OTBs, which logically implies a state takeover, don't you think?

In the next meeting, Aug. 2, Van Lindt made a motion that requires OTB's to have early termination clauses in any new contracts. That sounds like a prelude to centralizing administration.

Placed on the agenda for the next meeting: "Various options for continuation of OTBs in the state, e.g., joint venture with tracks, consolidate, privatize with or without consolidation, maintain status quo."

OK, so consolidation isn't the only option, but it's on the table.

At that meeting, Aug. 25, during public comment, Charles Hayward, president the New York Racing Association, includes a suggestion to consolidate operations and overhead "(accounting, marketing, insurance etc.)."

So, Mr. Mahoney is right: There is no proposal, at least in a formal sense, to consolidate OTB operations, but the idea certainly seems to be on people's minds.

Mahoney in his initial e-mail:

The goal of the Task Force members is a clear one: They wish to increase the level of revenue produced by OTB corporations -- especially to local governments.

But Mahoney never directly answered this question, and I think it's an important one for the task force to address: "With a successful operation like Batavia Downs, why should the state intervene at all? Shouldn't we assume the current operators know what they're doing and don't need outside intervention?"

Making bigger government entities is no way to increase efficiency or improve profits for the communities that host these operations.

The allegation by critics of the task force is that this is an opening for a revenue grab by the state fueled by the failures of downstate racing and OTB operations. The task force's own meeting minutes are not terribly reassuring that there isn't some truth to that concern.

Michael Erik Granger, 19, of 8170 Batavia-Stafford Townline Road, Batavia, is charged with harassment. Granger is accused of striking a College Village safety officer during an investigation into a loud noise complaint.

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.

A car has taken out a fire hydrant on 7707 Townline Road, Bergen.

The driver reportedly blacked out momentarily. His airbags deployed. Mercy EMS is responding along with Bergen Fire.

New Today, Kravings, Valu Plaza, West Main Street, Batavia, N.Y. : Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: 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.

SOLD OUT

Many of us, I think, had our lives changed and perceptions of the world altered by 9/11.  Some, of course, were affected in very direct personal ways, often tragic ways. For many of us, we were just observers, but still found the events momentous and unforgettable.

On Sept. 11, 2001, I was a manager in the Ventura County Star's online department. On that morning, my wife was up early getting ready for work and I was snoozing through my second alarm when Billie walked in and told me Dave Smith was on the phone. Dave had never called our house before. He was the editorial page editor. He had no reason to call me ... unless something very big was going on.

"Two planes just flew into the Twin Towers in New York," he told me.

I jumped out of bed and turned on CNN.  My job was to get the news on our Web site. I tried to hit other major news sites to grab an Associated Press story, but all the major news sites had crashed due to the heavy traffic. I had to write the initial story for our own Web site from what I was seeing and hearing on TV. It would be 30 minutes before an editor with access to our online system would be in the office and could post the AP story.

And so began perhaps the longest news cycle in my adult life -- a news cycle that would last for a couple of years, carrying us through the invasion of Iraq  -- and it is a news cycle that in many ways, still isn't over, even though most individuals have found ways to move on with their lives.

Sept. 11 is a long shadow that hangs over world affairs and personal lives. It effects our foreign affairs and figures into nearly every aspect of our national politics. 

Even if we would rather forget, we can't forget and perhaps shouldn't forget 9/11.

What are your 9/11 thoughts?

This green-eyed gal really struck my fancy. Her poise, her serene demeanor. Lily is lovely, a real peach. Here's her story:

My name is Lily. I lived with the good people at Volunteers for Animals for a couple of weeks before my new Mom found me and took me home. She had lost her 'good old boy Butch,' age 16, (pretty old for a cat) and decided she needed me to brighten up her life.

I am the luckiest cat in the world. I can do no wrong...well almost...and I feel very safe and secure here in my home. I love to look out windows and this place has lots of windows...with birds, squirrels, rabbits and deer for me to watch -- especially at night, my favorite time to look outside.

I get to sleep on my choice of furniture during the day and I am such a pretty girl, nobody minds. My Mom just cleans up after me and loves me a lot.

I hope that all the cats and dogs at the Genesee County Animal Shelter get to go to as good a home as I found.

Love,
Lily

If your pet is worthy of pet of the week, have him or her e-mail me at pets (at) the batavian dot com.  Please have your pet send a handsome picture and his or her story. Click here for more information. Your pet could win a $10 gift certificate from Genesee Feeds.

Ok, to set the record straight, it was not your typical party that was happening on Thorpe Avenue tonight. No it was a party of fun, hope and encouragement. It was the Care-A-Van Ministries weekly cookout.  The Care-A-Van band was rocking the neighborhood with their lively music.

We got busted by our own editor of the Batavian, Howard Owens and his friendly watchdog (Howard forgive me, I could not remember how to spell his name!)

Howard being the awesome editor and reporter was out for a walk and thought he would stop by and see what all the commotion was about. It was great meeting Howard face to face, after all of these months of blogging on his online newspaper.

Care-A-Van served dinner to approximately 50 folks tonight. Of course the kids loved the ice cream cones! We are happy to report that the best part of the night was when 4 people received salvation tonight, by asking Jesus into their hearts !

We go forth to not only bring them physical food, but spiritual food as well. We let them all know that God has a plan for them,  a plan to prosper them not harm them, a plan to give them a future and a hope.

Thanks Howard for stopping by! It was great meeting you and being able to give you a tour of the bus and to share of the ministry with you.

We will be returning to Thorpe Avenue on Sunday afternoon at 2:30 PMfor a street church service.  Our own Mike Grasso of the Assembly of God will be giving the message.

Little Briana even joined in for singing with the band:

GCC officials today acknowledged that popular volleyball coach Roger Majeski violated recruiting rules, but asserted that GCC officials brought the violation to the attention of the athletic governing board.

The National Junior Athletic Association suspended Majeski, as first reported in The Batavian, for a recruiting violation. The team was also forced to forfeit five games, and the freshman player is ineligible for the remainder of the season.

School officials today issued a press release that said the school was fully cooperative with the NJCAA and agreed the organization's response was appropriate.

Majeski reportedly personally paid for a visit to Batavia by a recruit from California, and in such circumstances, the player must return home within 48 hours. In this case, the player did not return home within the stipulated time.

Full press release after the jump:

Batavia, NY – In response to a recent inquiry, Genesee Community College Athletics Department has confirmed that the National Junior College Athletic Association (NJCAA) has issued a statement of disciplinary action relating to Roger Majeski, Genesee’s Women’s Volleyball Coach. The action came about as a result of a single recruitment violation. Coach Majeski has been suspended from Genesee’s next seven volleyball matches. The action also required that the Women’s Volleyball team forfeit the first five games of this season. 

Coach Majeski personally funded a recruitment visit of a prospective volleyball player from California. NJCAA Guidelines stipulate that prospective players must either pay for their own transportation, or return to their home residence after a 48 hour period. The player did not meet the required time stipulation for returning home.

Coach Majeski took full responsibility for not staying within the guidelines. Both he and Margaret Sisson, Genesee’s Athletic Director, acknowledge the appropriateness of the NJCAA findings and their actions. Ms. Sisson was quick to point out that the action by the NJCAA came about only after the College found about the violation and the College self-reported the issue to the NCJAA. Ms. Sisson said that while it is regrettable, the College feels it must adhere to the spirit and the literal interpretation of the rules and regulations established by the NJCAA. ]

Baby boomers and Genx'ers have a new name-we can now be called the "hoveround generation".  In the "olden days" of say 5 years ago, only OLD people (by old I mean 70's and up) had a hoveround.  But thanks to George Costanza on Seinfeld, it's filtered down to the YOUNG folk (by young I mean 40's and up).  This phenomenon has brought up a whole new slew of questions, and I'll site and example.

WALKING back from Robert Morris Elementary School yesterday morning, after WALKING my daughter to school, I saw a woman on her hoveround.  Sitting on her lap was a young boy proudly clutching his $200 backpack, compliments of Governor Patterson.  As they hovered along I saw her proudly TAKE A DRAG ON HER CIGARETTE.  Wait a minute?  Aren't they trying to pass legislation making it illegal to smoke in your car with underage children inside?  What about making it illegal to smoke on you hoveround with underage riders?  And come to think of it, the boy WASN'T WEARING A HELMET!  Shouldn't it be a law all kids under the age of 14 sitting on someone's lap while riding a hoveround need to wear a helmet?  Such legislation could be a great way to add to the state coffers.  Are you reading this Governor Patterson?

The fight to repeal a two-percent utilities is gaining supporters, according to Assemblyman Steve Hawley.

Hawley announced this afternoon that bi-partisan support for his legislation to repeal the tax has received the backing of more than two dozen Assembly members.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Full press release after the jump:

Press Release:

As the original author of legislation to repeal the new two percent tax on utilities, Assemblyman Steve Hawley (R, I, C – Batavia) is pleased to report that his legislation has now gained the support of over two dozen, bipartisan members of the State Assembly.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Assembly Bill 9098, authored by Hawley, will repeal in full the increased tax on utilities, which now totals 2 percent of a consumer’s bill.  The tax increase was made as part of the enacted 2009-10 State Budget, which Hawley opposed.  The newly increased tax went into effect on July 1, 2009 and will cost average homeowners an increase of $40 to over $200 annually.

Hawley’s bill, A.9098, has been introduced and referred to the Assembly Committee on Corporations, Authorities and Commissions for their review.  With four members of this committee signed on to support this bill so far, and the growing support for the initiative with the public, Hawley is hopeful that the bill will be addressed when the Assembly is called back into session.  

“This winter is going to be tough for many New Yorkers, especially seniors here in Western New York, to afford their utilities.  Already, in previous years, we have seen seniors forced to choose between food, prescriptions and heat.  This increased tax compounds that problem and that’s why, before this winter, I hope that we can repeal this excessive tax,” said Hawley.

The Assemblyman is not only working across the aisle to garner support for this bill; he is looking at both houses.  As previously announced, State Senator Michael Ranzenhofer has agreed to carry the bill in the Senate and together he and Hawley are working to encourage more senators to support the bill as well.

    Members of the public who would like to see the 2 percent utility tax repealed should contact Assemblyman Hawley’s office to sign his petition, which will be delivered to the Governor.  Residents should also write to the Chair of the Assembly Corporations, Authorities and Commissions Committee, Richard Brodksy and ask that he immediately take action on the bill.  You can contact Assemblyman Brodsky by writing, calling or emailing at the following:

The Honorable Richard Brodsky
Chair, Assembly Corporations, Authorities & Commissions Committee
5 West Main Street, Suite 205
Elmsford, NY 10523
Phone: (914) 345-0432
E-mail: brodskr@assembly.state.ny.us

The state is not looking takeover Off Track Betting operations, Assemblyman Steve Hawley said in a press release today.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

Last night, the Genesee County Legislature passed a resolution opposing any effort by the state to take over OTB facilities, especially Batavia Downs.

Full press release follows the jump:

Press Release:

A member of the Assembly Racing and Wagering Committee, Assemblyman Steve Hawley (R, I, C – Batavia) would like to assure all residents that rumors currently circulating of a state takeover of Off Track Betting (OTB) operations are untrue.  The Assemblyman has been vital in brokering racing and wagering agreements with the state, such as the new New York Racing Association (NYRA) agreement that increased revenues for Batavia Downs.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

The state took over New York City OTB in June 2008; however, due to mounting problems, on September 1, 2009, Governor Paterson signed an executive order allowing the NYC OTB organization to file for reorganization under Chapter 9 of the federal Bankruptcy Code (executive order #27).  In that executive order, the Governor has directed NYC OTB to put together a restructuring plan within the next two months.

Contained in the 2008 legislation allowing the state to take over NYC OTB, the State Legislature also appointed a task force to study regional OTB corporations.  Their report is due later this fall.

Both of these actions have helped to fuel rumors that the task force would “rubber stamp” a rumored initiative for a state takeover to allow OTB revenues to be moved from local governments to the state’s General Fund to balance budget deficits.

In order for the state to take over OTB corporations across the state, there would need to be legislation drafted and moved through both houses.  However, at this time, there is no such legislation, nor have there been discussions to draft or introduce any legislation of the sort.

Assemblyman Hawley stated, “I can certainly understand the concern: last year the Governor swiped money from snowmobilers, this year he chose to give $200 handouts to recipients of social services instead of renewing the STAR rebate program.  Both of his budgets have been excessive in their spending, irresponsible and secretive in their negotiations. When it comes to making fiscal choices, there is a reason why New York State residents are skeptical of the Governor doing the right thing.  However, at present, I would like to ensure all residents that there have been no discussions about a state takeover of OTB operations.  Furthermore, I am adamantly against such a proposal and will fight it tooth-and-nail should such a proposal be made.”
 

John W. Brown, 29, of Le Roy, is going to prison for having sex with a 13-year-old boy in Livingston County.

Brown was sentenced to five years in prison by Livingston County Court Judge Dennis Cohen.

Once released, Brown will also be supervised for five years.

Brown was convicted of having sex with the boy in November, on his 29th birthday.

Source: Democrat and Chronicle.

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

They used to hang horse thieves, but what about people who heist classic ponies?

State Police are looking for help in locating a 1965 Ford Mustang that was stolen from a commercial lot in Newstead.

The car was being repainted and had the front bumper, front grill and headlights removed.

Anyone who may have seen this vehicle or with information on this investigation is asked to contact the New York State Police in Clarence at 716-759-6831.

UPDATE, Friday, 10:30 a.m.: Just received this message from the State Police:

Reference the attached press release sent on 09/10/09, this stolen vehicle was recovered at 9:15am in the Town of Newstead after someone read the artice in the Buffalo News and noticed the vehicle sitting unattended.  No arrests have been made at this time.

File photo of a similar car supplied by State Police.