Parents, do your back-to-school shopping now.

Starting in October, under the 123-day-late budget passed by the Senate last night, clothing priced at under $110 will once again be assessed a 4-percent sales tax.

That's one of the provisions to increase revenue.

Even so, Associated Press reports that budget isn't balanced and Republicans complain that it both raises taxes and increases spending (Gothamist).

The revenue package is expected to generate $1.5 billion dollars and was approved by the Senate on a 32-28 vote.

A soda tax was not included in the bill.

The total budget: $136 billion.

Buffalo News: New financing provision for UB not included in budget.

New York Times: With Connecticut trying to woo hedge funds, the budget doesn't include a change in state law that would have taxed bonuses as ordinary income.

Albany Times-Union: Statement from Gov. Paterson's office.

LoHud.com: Senate is planning property tax cap.

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.

The Muckdogs continue to rip through the NY Penn League, shredding Mahoning Valley yesterday 8-1 for the team's 12th win in its last 14 contests.

The victory put Batavia back in first place, a half game ahead of Williamsville.

Jon Rodriguez homered in his third straight game, giving him six on the year. He had three hits, two RBIs and scored twice.

Infielder Joey Bergman brought his season average back up over .300 with another multi-hit game, going 2-4 and scoring three runs.

Starter Chris Corrigan picked up his third win, going five innings and giving up one run on three hits.

The Muckdogs are in Brooklyn tonight for the start of a three-game series. After three games in Vermont, they return to Dwyer on Tuesday to face Aberdeen.

Community members young and old came to Austin Park tonight for Batavia's "National Night Out," a chance for residents to mingle together, see old friends, make new ones, learn about public safety issues, have their children receive ID cards and play a few games and enjoy some local music.

More pictures after the jump:

An interesting situation arose tonight that's just kind of worth noting for the record: Mercy EMS ran out of ambulances.

When a girl fell from a scooter on Summit Street at about 10:45 p.m., just a block from UMMC, a dispatcher asked Batavia City Fire who should respond. The city asked for Oakfield.

Seconds later, a Mercy EMS ambulance noted they were in service (meaning free to take a call). The dispatcher asked city fire if Mercy EMS should respond. City fire responded that it was only a "BLS call" (basic life support).

Dispatch informed the Mercy EMS unit that Oakfield was responding. The unit, with a siren blaring in the background, informed dispatch it was only three minutes out. The dispatcher responded that the agency with jurisdiction had already requested Oakfield.

Oakfield's ambulance was on scene within minutes and had the patient quickly transported to UMMC.

I can't think of another time in which I've personally heard a volunteer ambulance service responding to a call in the city since Mercy took over ambulance service.

At National Night Out in Austin Park this evening, Batavia City Fire Department was on hand with Ladder 15. My joke, pointing to the top, "What's the price of the ride?"

That evolved into permission to get an actual ride high over Batavia aboard the platform of Ladder 15.

Thank you to city fire for letting me get a view of Batavia from such a great vantage point.

Firefighter Bob Fix drove the rig up and back down, and I know he was laughing under his breath when he said, "You know you can let go of the railing. You're wearing a harness."

The wind and any movement causing the bucket to sway wasn't frightful so much as it was disconcerting. I politely declined his offer to not keep one hand on the railing to steady myself.

More pictures after the jump (and more pictures from National Night Out T/K):

A Batavia woman is accused of making her 13-year-old daughter and an 11-year-old friend ride in the trunk of her car going to and coming from a bonfire at a friend's house on Old Creek Road this past Friday.

Julie C. Stevens, 57, of 18 Harvester Ave., is charged with two counts of endangering the welfare of a child.

She appeared in Batavia City Court this morning and Judge Michael Delplato required her to take her daughter to the girl's father's house in Perry before imposing an order of protection barring her from contact with the girl while the case is pending.

She was also given time to arrange for representation through the Public Defender's Office.

Stevens is scheduled to appear in city court on Wednesday and enter a plea and receive the order of protection.

In a statement to police, Steven said she had six children riding in her car after they had spent some time playing at the spray park. She said the back seat of her car folds down and there were children sitting on the folded down seats and her daughter and another child in the trunk.

She said they spent two hours at the bonfire.

A mother from Varysburg filed a complaint with city police after one of her children -- who had been left at Steven's house to be babysat -- told her a couple of days later what allegedly happened.

The city court file contains statements from the mother and two of her children, including the 11-year-old boy who was allegedly told to ride in the trunk.

The make and model of Steven's car were not listed in the court file and the information is not available through city police.

The case was investigated by Officer James DeFreze and Officer Jason Davis.

An aggravated harassment charged filed against the sister of convicted murderer Scott F. Doll is on the verge of being dismissed.

Dawn Doll, 53, a Sunday school teacher, need only avoid trouble with the law and initiate no contact with a Sheriff's deputy who felt threatened by a card and letter she sent to him on Father's Day.

In six months, if Doll abides by the terms of agreement, the misdemeanor charge will be dismissed.

Several factors figured in the decision by the District Attorney's Office to dismiss the charges, including Dawn Doll's character, the likelihood she will not engage in any future criminal behavior and some possible difficulties in getting a conviction.

"You can certainly make the argument that this is a letter written by a person who was very upset and somebody who is just venting," said Assistant District Attorney Robert Zickl. "You can certainly anticipate a defense attorney making that argument and see her gaining some sympathy."

Zickl said that under the circumstances it was still appropriate to bring the charge against Doll.

"This disposition doesn't signify any dissatisfaction in our office that the charge should not have been made," Zickl said.

A two-vehicle accident with no injuries has occurred on Route 63, between York and the Genesee County line. One of the vehicles involved rolled over.

Pavilion fire and Mercy EMS are responding.

UPDATE (4 p.m.): The car that rolled over is in Wyoming County, the other in Genesee County. Authorities are notifying Wyoming County so they can also handle the scene. One of the vehicles is leaking gas or other fluids.

Here's a news release sent today from Sen. Kirsten Gillibrand.

As Congress begins debate over the next Farm Bill, Senator Kirsten Gillibrand today announced that she will hold listening sessions around the state over the next several months to discuss new efforts to help New York farmers and farming communities.

(Times, dates and places have not yet been announced.)

As the first New Yorker to serve on the Senate Agriculture Committee in nearly 40 years, Gillibrand plans to focus on key areas of the Farm Bill that will have major influence on New York.

These area include access to financing, new market opportunities, assistance for specialty crops, and investments in renewable energy. From dairy farms, black dirt farms, and apple orchards to vineyards, artisanal cheeses, and other specialty crops, New York farmers and communities will have a lot to gain in the next Farm Bill.

“New York is home to the hardest working farm families and the finest locally grown produce in the world, but outdated regulations and a bad economy are hurting our farmers and farming communities across the state,” Senator Gillibrand said.

“We need to make sure the next Farm Bill is a good deal for New York. I plan to take the next several months to listen to farmers and businesses in every corner of the state and discuss my ideas on how to help farmers survive and prosper in the new economy.”

She will begin the listening sessions this month in Western New York, the Finger Lakes region and the Hudson Valley.

More than 35,000 farms stretch across 7.1 million acres statewide -- one-fourth of the state -- generating nearly $4.5 billion for New York’s economy.

Here are some notable statistics:

• Western New York is home to nearly 6,500 farms stretching across over 1 million acres and generating over $710 million for the economy.
• The Rochester/Finger Lakes Region is home to more than 6,000 farms stretching across nearly 1.5 million acres and generating over $1 billion for the economy.
• Central New York is home to more than 6,000 farms stretching across over 1 million acres and generating nearly $736 million for the economy.
• The Southern Tier is home to more than 5,000 farms stretching across over 1 million acres and generating over $372 million for the economy.
• The Capital Region is home to nearly 5,000 farms stretching across nearly 850,000 acres and generating over $430 million for the economy.
• The North Country is home to more than 4,000 farms stretching across over 1 million acres and generating more than $1 million for the economy.
• The Hudson Valley is home to more than 2,000 farms stretching nearly 135,000 acres and generating over $120 million for the economy.
• Long Island is home to over 640 farms stretching across over 35,000 acres and generating nearly $260 million for the economy.

Issues to be Addressed in Listening Sessions

Providing Access to Capital

Like all small businesses, family farms are struggling to secure access to the financing they need to grow or, in many cases, survive in this difficult economy. Gillibrand plans to strengthen the Business and Industry Guaranteed Loan Program to help New York farmers develop value-added products.

She also plans to bolster the Farm Services Agency (FSA) loan program to give farmers the resources they need to purchase land, livestock, equipment, feed, seed and other supplies. The senator recently helped secure an additional $39 million for FSA operating loans to help give New York farms the capital they need.

Additionally, Gillibrand will fight to exempt New York State from the USDA’s 10,000 population criteria – the maximum population to qualify for USDA water and wastewater funding. Many parts of New York would be ineligible for funding under the new USDA guidelines since many New York towns include villages and other municipalities, putting a town’s population over the 10,000 threshold.

Red Hook, Arcardia, Kirkland, Utica, Cortlandville, Herkimer, Waddington, Massena, Alden, Sullivan, Wawarsing, Kingsbury, Plattsburgh, Lansing, Lysander, Fallsburg, Lowville, LeRay and Moreau are already threatened from being denied access to these resources.

Addressing the Dairy Crisis

Due to outdated dairy-pricing regulations, dairy farmers pay more to produce their products than they make from selling them. Senator Gillibrand has introduced legislation that would double the amount of money farmers get from the MILC program, retroactive to the low point of the crisis in March of 2009.

While raising the MILC payment rate to 90 percent will not completely make up the gap between cost of production and market rates, it will certainly help prevent more New York farms from going under.

Senator Gillibrand also introduced legislation to index the MILC rate to inflation. The MILC program payments were originally designed to help dairy farmers in their time of need, but funding levels have remained stagnant.

In the next Farm Bill, Senator Gillibrand intends to work with New York farmers to make these improvements and overhaul the milk-pricing system and secure a fair price for producers.

Additionally, she will work to make the opaque pricing system of the dairy market more transparent. Senator Gillibrand is cosponsoring the Mandatory Price Reporting Act to reauthorize the electronic price reporting of dairy prices -- helping to increase transparency -- and change price reporting from weekly to monthly.

Senator Gillibrand has also introduced legislation to make Cold Storage Inventory Reporting to the National Agriculture Statistics Service mandatory, and give the USDA the authority to audit the survey. Experts agree that reducing the influence of the thinly traded Chicago Mercantile Exchange is the best way to increase market transparency.

Expanding New Markets

Senator Gillibrand intends to expand the Market Access Program (MAP) to enable our farmers to sell more New York products worldwide. The MAP program provides funding for the creation, expansion and maintenance of foreign markets for U.S. agricultural products.

Gillibrand is also planning to introduce an infrastructure provision in the Business and Industry Guaranteed Loan Program to help farmers reach new markets.

Additionally, she will work to secure more federal funding to promote the USDA’s Fresh Fruit and Vegetable program to give New York farms more opportunities to supply schools with fresh, locally grown products.

Targeted Assistance to Specialty Crop Farmers

Specialty crop farmers stand to gain tremendous benefit from the conservation programs in the Farm Bill. Senator Gillibrand intends to bolster: the Farm and Ranch Lands Protection Program (FRPP); the Conservation Stewardship Program (CSP); and the Environmental Quality Incentives Program (EQIP).

Gillibrand will also introduce a new program -- called the Conservation on Muck Soils (COMS) -- to provide additional assistance to New York’s specialty crop farmers.

Investing in New Sources of Clean, Renewable, New York Energy

New York’s agriculture industry is rich with opportunity to help lead America to a clean energy economy that can create good-paying jobs and rebuild our economy, strengthen our national security and cut pollution.

Senator Gillibrand plans to work for more investments in the Rural Energy for America Program (REAP) that provides loans and grants for farmers and small rural businesses that build renewable energy systems, such as anaerobic digesters.

She also intends to push for greater investments in the Rural Energy Self Sufficiency Initiative, which assists with installation of integrated renewable energy systems in rural communities that make use of wind, solar, hydropower, geothermal and biomass sources.

Additionally, Senator Gillibrand plans to work to secure more investments in the Biomass Research and Development Program and the Biomass Crop Assistant Program to harness more of our state’s potential to convert biomass and agricultural waste into renewable energy.

Here's a news release sent today from Assemblyman Steve Hawley's office.

For the last two years, I have written numerous letters and made several phone calls to the NYS Attorney General’s Office and personally met with a representative of the office concerning the drastic fluctuation in the price of gas from county to county.

In my letters, I cited the discrepancy of gas pricing and frustration felt by citizens in the 139th Assembly District.

The district I represent consists of all of Orleans County, most of Genesee County, the Town of Somerset in Niagara County and the towns of Clarkson, Parma and Hamlin in Monroe County.

In most instances, the price per gallon of gas is considerably higher in Genesee and Orleans counties than in the surrounding counties. I know there are many variables which determine the price per gallon of gasoline, but with the price per barrel of crude oil falling, this discrepancy should not occur in Western New York.

In his response to my letters, the Attorney General’s Executive Director of Legislative Affairs and State Policy Jim Malatras notified me that the issue of price gauging was still under investigation.

A two-year investigation without a concrete and definitive answer other than “it’s zone pricing” is long enough.

For this reason, I encourage citizens who feel the variance in pricing should be investigated to express your opinions by contacting the NYS Attorney General’s Office or by signing the New York State Consumer Protection Board CPB Gasoline Price Gouging Complaint Form.

Attorney General’s Office
Phone: (585) 546-7430
Website: http://www.ag.ny.gov/resource_center/complaints/complaints.html

NYS Consumer Protection Board
Website: https://www1.consumer.state.ny.us/cpb/GASComplaintForm.html

Watch out for the little old man hobbling along with his walker the next time you're at the store -- he could be dangerous.

Dangerous on the road, that is.

Batavia resident Catherine Roth said she has seen a number of people out in public -- most of them senior citizens -- who drive even though they shouldn't.

"I once saw this man who could barely walk, and he's got an SUV!" Roth said.

Roth is well-known in Batavia for voicing her concerns about elderly drivers. This started with the death of her 30-year-old son almost 20 years ago.

Jim Roth was killed in October 1991 by an 81-year-old man driving the wrong way on Route 481 in Syracuse.

Catherine and her husband, who died two years ago, both worked hard to toughen the rules regarding elderly citizens on the road. Roth defends her position by citing laws in other states -- including "Katie's Law" in Texas, and a New Hampshire law requiring drivers over 65 to be tested every five years -- that regulate and limit senior drivers.

She has caught wind of some resistance to her efforts among Batavia's older population, but she sticks to her guns nonetheless.

"We have all these laws for young drivers," Roth said, "but when we talk about laws for elderly drivers, forget it!"

The trouble is, Roth has come to the point where she herself might have to surrender her place behind the wheel. She will be 90 years old soon, and has concerns about whether or not she should still be driving.

"I've been thinking about giving up driving for the past several years," she said. "When I realized I would be turning 90 and that my license was going to expire (this month), I realized I had to decide whether to renew the license or quit driving."

Roth said she doesn't have any specific problems that compromise her ability to drive safely, but she worries that "reaction time" might slow with age.

"Right now I drive as little as possible," she said. "I drive to Stafford three or four times a week to work at the museum. Everone who's rode with me has said I'm a good driver. But I've already begun to explore different ways of getting around (like taking a taxi)."

Roth actually asked to be re-tested to see if her driving skills were up to par -- her request was denied.

At this point in time, New York State has no system set up for that sort of thing. Re-taking the driver's test is only possible for those who have been reported.

This is an important issue for Roth, because better testing for senior drivers is one of the reforms she and her husband pushed for over the years.

"A lot of times, all it seems to depend on is eyesight," she said. "If someone's eyesight is good, he can mail in his license and get it renewed. That's just wrong!"

She then pointed out that the person in question could have very good eyesight, but at the same time barely have the ability to walk.

Sometimes, according to Roth, even a doctor's caution is unhelpful.

"If their doctor tells them they shouldn't drive, they'll go to a different doctor."

Roth understands seniors' reluctance to give up their licenses and, by extension, their independence.

"I've been without a car for the past week, and it's been driving me nuts!" she said.

Most of Roth's friends are in their 80s and in the same boat. She is far from unsympathetic to the tough decision facing older drivers.

"I know you want your independence -- but darn it, don't kill my son or anyone else."

She shared some recommendations for seniors who would like to continue driving, but not be a danger to other drivers: don't drive at night; avoid streets near schools around the end of the school day; and avoid big cities.

In addition, she listed some decent alternatives to driving for seniors who still need to get around.

"The Office for the Aging has some good programs," she said. "And you can take a taxi in Batavia for about $5. And then there's always the option of turning to friends, but you try not to bother people for little things.

"It's best to do all of your errands in one trip (so you don't have to call your friends whenever, for instance, you need some milk). You try to keep your independence, even if you have to be dependent in some ways."

 ADDITIONAL FACTS ABOUT ROTH:

Roth is on the Board of Trustees for the Stafford Historical Society, and just finished -- after nine years -- serving on the Board of Trustees for Batavia's First Presbyterian Church. She is also a volunteer at the Batavia Cemetery.

A most interesting fact about her is that she is a triplet. She and her two sisters will be celebrating their 90th birthday very shortly.

"As far as we know, we're the oldest living triplets in the United States," Roth said.

A grass fire is reported along the south side of the CSX railroad tracks between Dublin and Beaver Meadows roads in Byron.

Byron, South Byron and Bergen fire units are called to the scene. There is a CSX representative at the scene.

UPDATE (12:20 p.m.): Bergen is asked to stand down. It is back in service. Both directions of the railroad line are being shut down while the firefighters are working to extinguish the blaze.

A lifelong Batavia resident admitted in Genesee County Court this morning that on July 17, 2009 in the parking lot at the corner of North and Bank streets, he sold a quantity of cocaine to an undercover agent.

Dyllon E. Soccio, 20, of 134 Tracy Ave., pled guilty to a single count of criminal sale of a controlled substance, 4th.

Last month Soccio pled guilty to criminal possession of marijuana.

Both felonies carry a maximum sentence of two and a half years in prison. As part of a plea deal, Soccio is eligible to serve the sentences concurrently.

He will be sentenced on Sept. 21.

Dressed nicely in faded light-colored pants and a white shirt, Soccio said little in court today except to answer Judge Robert Noonan's questions.

Soccio was charged in the 2009 sale on July 20, the same day he admitted to possessing marijuana.

The marijuana was found in his residence when it was raided June 23 by the Local Drug Enforcement Task Force. During that raid, agents also found several grams of hallucinagenic mushrooms. Charges related to the mushrooms were waived in exchange for the plea on the marijuana possession charge.

A smell of natural gas has been reported inside of Tops Market in Le Roy.

Le Roy Fire is being dispatched.

A customer reported the odor.

Here are the most viewed posts for July:

• Photo Essay: An alleged DWI arrest
• The 25 highest paid public employees in Genesee County
• Motorcycle hits deer on West Main Street, Batavia, two injured
• Five suspected meth dealers busted in early morning raids
• Multiple raids this morning on suspected meth distribution ring
• Today's Poll: Should Batavia have a public pool?
• Bike-riding fundraiser arrested on sexual abuse charges
• Today's Poll: Should the U.S. continue the war in Afghanistan?
• Dispute over ducks, other complaints, has Oak Street man headed to court
• Multiple sexual abuse charges filed against Batavia man

Here are the audience stats for July:

Unique visitors: 48,130
Visits: 206,603
Page views: 354,273

Today, I came upon this barn -- though I'd seen it before -- on Old Creek Road, Batavia. Today seemed like the right day to take a shot of getting it on film (so to speak).

While Pavilion's water tower is being repainted, the town's bulk water filling station will be closed, according to Town Supervisor Gary Knepshield.

It will be closed until November.

A town employee told me residents use the station for supplemental water, such as filing their pool, extra water for livestock and extra water when wells start to produce less water during the summer.

Knepshield said town residents can go to 2712 Short St., York, for water until the station re-opens (map below).

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