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A new utility tax that costs consumers between $40 and $200 annually is in the cross hairs of Assemblyman Steve Hawley.

Hawley announced this week that he's introducing legislation to repeal the new 2-percent tax, which was put into effect as part of the governor's budget plan on July 1.

"Already residents are struggling to pay their utility bills, especially our seniors. This tax is a perfect example of Albany shifting the burden of their out-of-control spending in our state and I am working to relieve residents and businesses from this unnecessary tax," Hawley said.

The new tax is expected to take $557 million out of the economy and siphon it to the state's general fund. The tax would generate $2.8 billion through March 31, 2014.

Full press release here.

There may be some federal relief coming to Corfu and Darien for tornado damage clean up after all, according to Assemblyman Steve Hawley.

Hawley announced this morning that the Genesee County communities will be included in an omnibus relief rquest to the Federal Inspection Team along with other counties recently damaged by severe weather events.

Federal relief requirements mandate that eligible areas damaged by storms must have at least 25 uninsured houses, or five damaged businesses, among other guidelines, which means Darien and Corfu alone may not qualify.

The single relief package would include Cattaraugus, Erie, Chautauqua & Allegheny counties, also hit by heavy storms recently, and Columbia, Rensaleer, Cortland and Chenango counties, which also suffered storm-related damage.

"We will continue to keep all residents and businesses who were adversely 
affected apprised of the progress regarding possible monetary assistance as a 
result of these catastrophic weather patterns of destruction," Hawley said in a statement.

Apparently, Dannie Sims didn't want to pass through a State Police road check on Route 63 in Oakfield today.

Troopers spotted a Chevy Lumina making an alleged illegal u-turn after it started to approach the road check, so a trooper initiated a traffic stop.

It turns out that Sims may have had good reason for avoiding the road check -- a felony warrant in Monroe County. He is also a suspect in several alleged larcenies of purses, wallets and other items at several retail store locations. Sims is a "person of interest" for the Genesee County Sheriff's Office in several alleged larcenies in the Batavia area.

Sims, 53, is a resident of Alabama.

After his apprehension, Sims was turned over to the Monroe County Sheriff's Department. The investigation is ongoing in Genesee County.

The purpose of the road checks is to check all safety related equipment that is required by the New York State Vehicle and Traffic Laws as well as ensuring that all vehicles are properly registered, insured and inspected.

At least for Friday, it's time for the community to come together and forget any disagreements over the soon-to-be-discontinued Batavia ambulance service, says Greg Ireland.

Friday is the 15th-annual "Fill the Boot" drive for MDA, a fundraiser sponsored by City of Batavia Firefighters IAFF Local 896.

Money collected during the fundraiser benefits children who are diagnosed with neuromuscular diseases. Donations cover the costs of everything from wheelchairs and braces to physical therapy, as well as summer camps.

"This year is as important as any to these kids," Ireland said in an e-mail. "There is no reason why our Union's disagreements with City Hall should get in the way of helping them. Sure there is a lot of tension around the Fire House right now with the impending layoffs, but that doesn't change the fact the the MDA needs our support."

Ireland said union members held a meeting recently and united around the need to ensure "Fill the Boot" came together again this year.

Off-duty members of Local 896, including firefighters and medics who will be out of work on Sept. 1, will be at the fundraiser at 1 Court St. on Friday.

Last year's "Fill the Boot" campaign set a record with $5,000 in donations.

"To me, the MDA is very important," Ireland wrote. "These kids have been sentenced to a life of pain and suffering for no apparent reason. If we can raise money to make their life easier in any way, it's worth it. For example, The MDA of Rochester has several day camps for the kids. I've visited there before, and to see the kids being kids, being able to do the things that normal children can do, it is really great. It gives them a day or two to just leave their illness behind and enjoy being a kid! It is quite touching to see."

William G. Potter, 53, and Tina L. Ground, 49, of 6924 Council House Road, Alabama, are charged with crimes stemming from a dispute at their residence. During a fight, Ground allegedly threatened Potter with a claw hammer. Potter allegedly made contact with Ground, which violated a court order. During the investigation of the incident, Deputy Kevin McCarthy and state troopers allegedly found seven potted marijuana plants in the house. Ground also allegedly had marijuana on her person. Potter is charged with criminal contempt. Ground is charged with menacing, unlawful possession of marijuana and unlawful growing of marijuana.

Robert M. Browne, 48, of 282 Route 20, Room #3, Darien, is charged with DWI and criminal contempt. Reportedly, law enforcement received a report that Browne had contact with a person he is ordered not to contact. Deputy Patrick Reeves was dispatched to find Browne, and reportedly found him driving on Route 20 in Darien. Reeves determined that Browne was allegedly driving while intoxicated. Browne was also charged with unlicensed operation and operating a vehicle that was unregistered, uninsured and that had improperly switched plates.

Present Tense Books and Gifts, 101 Washington Ave.:  Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Always a great place for gifts, South Main just brought in a bunch of new merchandise from the region. We have a $20 gift certificate for $9.

Jackson St. Grill and Belladessa's Pizzeria, 9 Jackson St., Batavia., N.Y.: Check out the great lunch and dinner menu. Personally, I'm partial to the hamburgers. We have TWO $10 gift certificates for $5 each (two separate winners).

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 $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dinning experience at Alex's. Alex's is 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.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. Only one gift certificate per-merchant per-person every six months. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. Individuals buying gift certificates must use their own personal PayPal account for the purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Unless other arrangements are made immediately after purchase, the gift certificate will mailed to the winner at his or her PayPal-provided postal address within two or three days of purchase.

Present Tense Books

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Adam Miller

SOLD

South Main Country Gifts

SOLD

Jackson Street Grill

SOLD

Alex's Place

SOLD

Delavan's

SOLD

A smoke detector has been activated, and there is a smell of smoke at 7662 Harris Road.

The location is an apartment.

UPDATE 10:57 p.m.: Conclusion, faulty smoke detector. Thermal imaging revealed no fire. All units back in service.

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A Canadian-based coffee chain is planning a location on Court Street with a "European style" formula, and the company is getting tax breaks that helped entice it to Batavia, according to an announcement by GCEDC today.

Coffee Culture stands to save $37,200 in taxes on its new equipment and building improvements to 6 Court St., and the company is also seeking property tax exemptions on the increased value the remodeled property will garner.

It's a program, according to GCEDC's Chad Zambito, that is available to any business, local or out of the area, that is investing at least $50,000 in its start up.

Ken Mistler, who is opening a coffee shop at Main and Jackson, declined the same assistance primarily because the timing of the process did not match Mistler's plans, Zambito said. Mistler was unavailable for comment this afternoon.

Coffee Culture plans to spend $330,000 to renovate the 2,500-square-foot location and turn it into a "high end" cafe and eatery. Initially, the business will be corporate-operated, but will be available to a potential franchise operator. It will offer free wi-fi, a plasma TV and meeting space.

Besides gourmet coffee, the chain offers breakfast and lunch sandwiches and desserts.

Zambito gave full credit to Don Burkel at the BID for getting GCEDC involved in the process of recruiting Coffee Culture to Batavia.

State troopers stopped a van last night on Route 98 in the Town of Batavia for allegedly speeding and found that two people inside were apparently in the country illegally.

Taken into custody were Leodegario Vazquez-Rodriguez, 48, and Francisco Hernandez-Gomez, 24.

Both were charged with unlawfully entering the United States.

Hernandez-Gomez was also charged with seven vehicle and traffic violations.

Vazquez-Rodriguez was taken into custody by Immigration and Customs Enforcement, and Hernandez-Gomez was placed in Genesee County Jail on the alleged vehicle and traffic violations, awaiting transfer to federal authorities after the local charges have been answered.

Local children receiving food stamps or cash welfare benefits are going to receive an extra $200 from the state to help with back to school expenses.

Genesee County is receiving $345,800 for the program through the state as part of the federal economic stimulus program.

As many as 1,700 local children will be eligible, Social Services Commissioner Eileen Kirkpatrick told WBTA (listen).

Assemblyman Steve Hawley expressed concern about the program, telling WBTA that there are no restrictions on the handouts and that, for example, a family with five children will get $1,000 and mom or dad will be able to do with that money whatever they please.

Eligible families will start receiving the school credit as early as today in electronic deposits.

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.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

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

Jackson St. Grill, 9 Jackson St., Batavia, N.Y.: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: From cozy to contemporary is what you'll find at this well-stocked gift store. We have a $20 gift certificate for $9.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. Only one gift certificate per-merchant per-person every six months. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. Individuals buying gift certificates must use their own personal PayPal account for the purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Unless other arrangements are made immediately after purchase, the gift certificate will mailed to the winner at his or her PayPal-provided postal address within two or three days of purchase.

Center Street Smoke House

SOLD

T.F. Brown's

SOLD

Jackson St. Grill

SOLD

Settler's

SOLD

South Main Country Gifts

SOLD

A two-car accident with minor injuries has been reported at Route 98 and Rose Road.

Both vehicles are blocking the roadway.

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I happened to catch this truck going through the roundabout this morning, and the driver seemed to make it through just fine. He went, though, only half way onto the brick area.

As you can see, he's tilted a bit, so one of my questions is -- doesn't the DOT plan to level the asphalt with the bricks? My assumption was yes, but the sides of the curbs are bevele -- as if they're meant to be driven on -- leaving the asphalt inches below the bricks.

It was clear from the tire marks on the bricks that many drivers have discovered that it's OK to drive on the red roadway.

This afternoon, I spotted a long line of classic-looking, very tiny cars heading west. I turned around and followed them down River Street and eventually to Williams Park.

It turns out the American Austin Bantam Club is holding its 46th annual meeting in Batavia this week.

American Austins, and alter Bantams, were manufactured in the United States from the 1930s until the early 1940s. They were America's first economy car.

They were probably intended for second family cars, for short drives to the store and other errands, said club member Gene Loomis, of Warsaw.

The cars get about 50 miles per gallon of gas.

Phil Haynes, of Connecticut, said there were some 17,000 to 18,000 Austins built in Pennsylvania, and then about 6,700 Bantams manufactured.

It was Haynes (pictured in the white car below) I dropped behind after turning around on Main. As I followed him, he would occasionally stick his left arm out the driver's side and wave it straight down, back and forth.  At first, I thought, "He thinks I'm following too close," so I backed off, and he did it again, so I backed off some more, then he did it again, and that's when I realized, "he's rowing."

These little cars don't have a lot of horsepower. Haynes said he needed all the help he could get to coax his American Austin up any kind of incline.

The Club is staying at the Holiday Inn and will visit the VA Medical Center this afternoon.

A 38-year-old driver was injured during the ninth race last night at Batavia Downs.

Kevin Cummings, who was driving 13-year-old square-gaiter Devilinhiseyes, suffered a spill and sustained injuries to his hip and elbow, according to a statement issued by Todd Haight, spokesman for Batavia Downs.

Haight quotes Cummings:

I’m really not sure what happened. Things got tight and the race bike got jerked from underneath me. When the left wheel tipped sideways I knew I was in trouble. I just let go of the lines and landed on the ground.

My hip is really bruised, that’s where I hit the ground and my elbow has a hole in it. I lost a chunk of skin. It's really sore today.

The accident occurred going into the first turn, during the ninth race, a $4,000 claiming trot.

Cummings, a father of four, plans to return to racing on Wednesday night.

Devilinhiseyes was uninjured in the incident, nor were any other drivers or horses hurt.

A head-on collision on Bloomingdale Road near Tesnow Road in Alabama has been reported.

The initial report stated two people were entrapped, but the latest report is that there are two victims who are out of the vehicles.

Mercy Flight remains enroute.

UPDATE: A landing zone is being established for Mercy Flight.

UPDATE 2: At least one person was being helped (not sure if "extracted" would apply) from one vehicle. He is apparently the driver of one vehicle and he reportedly told emergency responders that he fell asleep at the wheel.

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