Stories from

Two Monroe County residents have been arrested in connection with a March 13 daytime burglary in Le Roy.

Nicholas Nobles, 18, of 2546 Church Road, Hamlin, is charged with obstructing governmental administration, unlawful possession of marijuana and criminal possession of a controlled substance, 7th.

Nobles was picked up after police responded to the residential burglary address on Myrtle Street and while police were on scene, Nobles was reportedly spotted driving the alleged suspect vehicle.

Le Roy Police assert that Nobles attempted to interfere with their attempt to secure the vehicle.

Once they did, the car was searched and marijuana and Lorazapam were allegedly found inside the car.

Alan J. Delano, of 556 Peck Road, Spencerport, was identified as the actual burglary suspect during an investigation by Det. John Condidorio. Condidorio arrested Peck today. He is charged with burglary, 2nd, and petit larceny.

Delano, who was jailed on $2,500 bail, allegedly stole a flat-screen television and a jar of money from the Myrtle Street home.

New York is apparently turning over every stone in an effort to find more revenue to help close its billions in annual budget gaps.

They're now going after restaurants and bars, trying to find a reason to demand more money from the business owners.

Three weeks ago, L.B. Grand in Le Roy got hit with a $247,000 bill for back taxes and penalties.

"I had a nervous breakdown," said co-owner Ron Shoemaker. "I did. I had to go to the hospital. I just lost it. I said, 'My God, I couldn't pay that kind of money if I took the rest of my life.' The place doesn't make enough money to pay that."

The bill was based entirely on a one-day audit on a Thursday in January.

That day, 81 percent of the customers paid cash. Shoemaker said the restaurant and bar's average is 54 percent (he's double checked this figure by reviewing monthly records going back to 2008).

That 27-percent difference is significant to the state. If L.B. Grand were indeed doing 81 percent cash business on a daily basis, that would mean the 40-year-old landmark restaurant was under reporting its total revenue. The state would suspect a restaurant owner in that situation of pocketing all of those extra tens and twenties that aren't showing up in its cash report in order to avoid sales tax.

Shoemaker said he's kept meticulous books and has paid the State every dime the restaurant owes.

His partner, Ron Piazza, said Shoemaker is the kind of guy who can't stand to leave a bill unpaid or for his accounting to go undone.

What got L.B. Grand into this mess, though, is that Shoemaker didn't know he was required to save every guest check (the slips of paper waiters write customer orders on).

When a state auditor found this discrepancy in September, he scheduled L.B. Grand for a random, unscheduled on-site audit.

Six auditors descended on L.B. Grand (the state has hired hundreds of new auditors for this process) and just hung out. One guy sat at the bar, working a crossword puzzle, and  watching every transaction. At the end of the day, Shoemaker provided him with a print out of all that day's business.

It was a fairly average business day, except for the higher than normal amount of cash transactions, Shoemaker said.

Not only can't Shoemaker and Piazza pay the tax bill, they said, they're ready to fight back.

"I don't feel like I owe them anything," Shoemaker said.

Piazza said that while it's no laughing matter, that's about all he can do.

"I can't take it as seriously as he does," Piazza said. "It (the assessment) is just so foolish. They might as well put a one in front of it. It's just foolish."

Shoemaker, who spent seven years in the military and 30 years in skilled jobs before getting into the restaurant business, wonders what the state might have to gain by putting the Main Street eatery and tavern out of business. He figures that between off-track betting, lottery and sales tax, L.B. Grand generates $600,000 a year in revenue for New York, and that doesn't count the taxes paid by six employees who would be out of work if the tax bill holds up.

L.B. Grand isn't alone in facing aggressive auditing by the state, and the story of another restaurant gives Shoemaker and Piazza a glimmer of hope that they can fight the taxation department and win.

Mark Supples, owner of Mother's Restaurant on Virginia Place in Buffalo, also failed to keep his guest checks -- he estimates he would have been storing more than one million from the six previous years if he had -- and was hit with a $1.1 million tax bill after his audit.

"The methods they use are very similar to methods that were used by La Cosa Nostra, also known as the mob," Supples told WGRZ. "What they do is come up with a figure that will really scare you, then they settle for a lesser figure. So basically it's an extortion practice which is really quite effective because the figures they come up with are pretty scary."

The state offered Supples a $250,000 settlement and Supples declined. Instead, he spent $150,000 on legal fees (money he hopes to recover from the state) and won.

From WGRZ:

"When you go to (tax) court, you're presumed guilty and you have to prove you're innocent," Supples said.

In particular, (the court) found that for Supples to have done the volume of business and made the kind of money the state had estimated, every table in his restaurant would have had to have been full for eleven hours a day, seven days a week, for six years.

"I really thought it was time somebody stood up to these bullies and extortionists and expose them for what they are, and because of my case, the state has changed its methods," Supples said.

For its part, New York admits that the new aggressive audits (it's rarely enforced the requirement to keep guest checks before) is being done to help close budget gaps.

Even so, William Comiskey, deputy commissioner for Tax Enforcement, didn't express a lot of sympathy for bars and restaurants that aren't keeping guest checks.

Comiskey said: "We encounter a lot of businesses that tell us they don't have those records, and I'm frankly a little perplexed by it, because they would need the records we're looking at and asking for to run their business properly. But either way, they're required under the law to maintain them, and so I think it's reasonable to require them to have those records."

L.B. Grand is now keeping those guest checks, Shoemaker said. They had their cash register vendor reprogram their machines to print out all of the guest checks at the end of every day so that can be filed. But like many restaurants, the guest checks will be printed on thermal paper, so the ink will fade away to nothing within weeks. But at least the guest checks will be saved.

"I went from having a nervous breakdown over this, to now I'm just mad," Shoemaker said. "I'm going to fight them on this with every breath I have left in my body."

Often times, according to Emergency Communications Director Steven Sharpe, when people call 9-1-1 looking for help in a hurry, they don't understand why the dispatcher starts asking a lot of questions.

A father has fallen from a ladder, a grandmother has had a stroke, or a child is seriously ill. The caller has one thought: Get an ambulance here fast!

And some dispatcher on the other end of the phone starts asking questions and seems to be taking up a lot of time talking. The caller is thinking: Why can't you just send help now instead of gabbing on the phone?

What the caller may not realize, is that the dispatch center is staffed by three or more people who can share information quickly and easily through their computers. While one dispatcher is gathering vital information that will assist emergency responders when they arrive on scene, another dispatcher is already putting out the call to the appropriate agency.

Sharpe sent a press release to local media explaining procedures in detail. The full release is available after the jump:

Your family member falls off a ladder and is howling in pain, you call 9-1-1 and the dispatcher starts asking you a series of questions. Aren’t these questions just wasting time? You’re frustrated; you just want help as fast as possible.

When you call 9-1-1 and get the Genesee County Emergency Dispatch Center, there are a number of things happening simultaneously that are designed to help you.

A majority of the time, while you are being questioned by a 9-1-1 dispatcher, the dispatcher’s partner is listening and often is already in the process of sending first responders to your location, as long as the location has already been provided. 

That is why the first question asked is always, “Genesee County 9-1-1, what is the address of your emergency?” The dispatcher needs to know your exact location so help can get to you as quickly as possible. Although there have been a great deal of improvements in location technologies, cellular companies only have to provide 9-1-1 location information within 300 meters. Three hundred meters could mean up to a couple of blocks radius within the city. That is why it is necessary to confirm your exact location. 

Next, the dispatcher will ask your name and call-back number so it is known who to call in case the line gets cut off. This is especially important if you are calling from a school or business where all the outgoing lines go through a PBX (Private Branch Exchange).  Calls have been received where the 9-1-1 screen shows an address from one building, but the person in need is at a branch office miles away. Having your name and direct call-back number can be the difference between saving a life and sending help to the wrong location.

At this point, if you haven’t already explained what your emergency is, you will be prompted to "tell me exactly what happened.” For medical calls, an Emergency Medical Dispatch Protocol is followed, in accordance with NYS 9-1-1 Board Adopted Standards.  This protocol is a series of questions and instructions designed to help the dispatcher send the right response, provide life-saving instructions, and help a caller remain calm during this time of crisis. You will then be asked additional questions about the patient’s status (age, awake, breathing, etc.). These are the very basic questions that help the dispatcher determine if it is appropriate to stop asking questions and dispatch responders.

Depending on the situation, additional questions may be asked; and based on your answers, either an Advanced Life Support Ambulance or a Basic Life Support Ambulance will be sent. For Basic Life Support, the information you provide will determine the urgency of the medical care needed and whether the ambulance travels with lights and sirens. Which agencies respond is determined by your location. 

After the call is dispatched, the 9-1-1 dispatcher will stay on the line to give you instructions to help the patient and the emergency medical professionals. Instructions may include: do not let the patient have anything to eat or drink, unlock the door, etc. For more serious emergencies, the dispatcher may have you send someone to get an AED (Automated External Defibrillator), provide step-by-step instructions on how to deliver a baby (this has been done four times to date), or help you perform rescue breathing or CPR.

The Genesee County Emergency Dispatch Center is here to help when you are potentially having the worst day of your life. Although it may seem like time is being wasted when dispatchers initially ask a series of questions; they are, in fact, sending responders your way while providing you the appropriate assistance. There have been a number of cases where following the dispatcher’s instructions have helped to save a patient’s life.

If you have further questions about the processes involved when a 9-1-1 call is received, how to contact agencies for non-emergencies, or if you would like a tour of the Genesee County 9-1-1 Center, please feel free to contact Director Sharpe at 585-343-5000.

Remember to call 9-1-1 for all police, fire, or medical emergencies!

Katrina L. Drake, 20, of 14 South Main St., Batavia, is charged with criminal mischief, 4th; Toni M. White, 29, same address, is charged with disorderly conduct. Drake and White were allegedly involved in a domestic dispute at 10:53 a.m., Saturday, with Drake allegedly destroying property belonging to White, and White allegedly yelling obscenities repeatedly while outside.

Stephen A. Lewis, II, 29, of 18 Cherry St., Batavia, is charged with DWAI (Drugs); aggravated unlicensed operation; moved from lane unsafely and inadequate headlamps. Officer Jason Davis stopped Lewis stopped Lewis at 12:15 a.m, Sunday, after reportedly observing him driving on East Main Street with out headlamps, turning onto Harvester Avenue and striking the curb.

Gregory L. Brennan, 41, of 8044 Kelsey Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and driving the wrong way on a one-way street. Brennan was stopped at 5:06 a.m., Friday, by Officer Daniel J. Coffey after allegedly being observed driving the wrong way down North Spruce Street.

Summer Ogden, 31, of 112 State Street, lower, rear, is charged with assault, 3rd, and criminal mischief, 4th. Ogden is accused of attacking her boyfriend and biting him causing an injury. She also allegedly destroyed some property. She was arrested at 8:15 p.m., Thursday. She was jailed on $1,000 bail.

Andrew J. Duckworth, 31, of 128 Jackson St., Batavia, is charged with harassment, 2nd. Duckworth was allegedly involved in a domestic dispute with his girlfriend at their residence. He was arrested at 4:08 a.m., Sunday, and jailed on $1,000 bail.

Warren H. Gaskin, 51, of 541 East Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating without headlamps. Gaskin was stopped at 2:17 a.m., Saturday, by Officer Thad Mart after allegedly being observed driving on West Main Street without headlamps.

Robert J. Scott, 35, of 30 West Ave., Medina, is charged with aggravated unlicensed operation, 2nd. Scott was taken into custody on a warrant from 2005 by Batavia Police on Friday after being released from Orleans County Jail on unrelated charges. He was jailed on $1,000 bail.

Dennis F. Johnson, 49, of 901 Akron Road, Pembroke, is charged with DWI, driving with BAC of .08 or greater, consumption of alcohol in a motor vehicle, inadequate plate lamps and failure to yield to an emergency vehicle. Johnson allegedly failed to stop at 8:30 p.m., Saturday, for Deputy Kevin McCarthy who was attempting to make a traffic stop for an alleged equipment violation. Johnson allegedly didn't stop until he was in the driveway of his home.

Justin Zane Barker, 21, of 52 Columbia Ave., Batavia, was taken into custody on a bench warrant out of Cheektowaga Court for alleged petit larceny.

Julie Skye Besser, 42, of 380 Council House Road, Alabama, is charged with DWI, failure to yield right of way to emergency vehicle, refusal to take a breath test and failure to dim lights. Besser was reportedly stopped at 12:47 a.m., Sunday, on Hopkins Road in Pembroke, by Deputy Jason Saile.

Justin James Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal contempt, 1st, two counts of criminal trespass, 2nd, unlawful imprisonment, 2nd, menacing, 3rd, harassment, 2nd. Jaszko allegedly violated an order of protection at 4:30 a.m., Saturday. He was jailed on $20,000 bail.

A 17-year-old from Oakfield is charged with aggravated harassment. The youth allegedly sent unwanted text messages and made unwanted phone calls to a young victim after being told to have no further contact with that person.

Lacey Ann Easton, 21, of 13369 Steiner Road, Akron, is charged with unlawful possession of marijuana. Easton was stopped at 12:34 a.m., Saturday, by Deputy Patrick Reeves for alleged traffic violations on Route 5, Pembroke.

Anthony John Ferris, 28, of 43 Longs Lane, Corfu, is charged with six counts of criminal contempt, 2nd. Ferris allegedly tried to call his ex-girlfriend in violation of a court order while locked up in Genesee County Jail.

Henry Leon Polanowski, 30, of 7205 E. Superstition Springs Blvd., Mesa, Ariz., is charged with unlawful possession of marijuana. Polanowski was arrested by Deputy Chad Minuto at 2:21 p.m., Friday, in Oakfield.

James R. Presnal, 51, of Penfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take a breath test. Presnal was reportedly stopped by State Police at 7:46 p.m., Saturday on the Thruway in the Town of Batavia.

Accidents from the State Police blotter:

4:32 p.m., March 18, Pekin Road, Elba, two vehicles; Driver 1: Mary R. Maciag, 26, of Darien Center; Driver 2: Joan C. Whyman, 68, of Oakfield. No injuries reported.

7:40 a.m., March 20, Thruway toll entrance, Town of Batavia, two vehicles; Driver 1: Ashton L. Smith, 27, of Le Roy; Driver 2: M.L. Klinkbeil, 36, of Rochester. One injury reported.

Brandon M. Maldonado apparently needed a place to sleep Monday night, but where he wound up on Tuesday evening probably isn't what he had in mind.

That night, he was sleeping in the Genesee County Jail, locked up on no bail and charged with burglary, 2nd, endangering the welfare of a child and unlawful possession of marijuana.

At 7 a.m., Tuesday, the 21-year-old Batavia resident was reportedly found sleeping on a couch, wearing only a T-shirt and covered with a blanket, in an upstairs bedroom in a house on North Spruce Street. That isn't where he lives. His address is 42 Spencer Court.

It's unknown what time Maldonado allegedly entered the house as an uninvited guest, but he was reportedly highly intoxicated at the time.

The rest of his clothes were reportedly found in a child's bedroom, where a 5-year-old was sleeping that night, leading to the charge of endangering the welfare of a child.

The child was not injured.

Mike Ognibene has operated a car sales business in Oakfield for about five years, but in the past several months his, and his family's, business interests have expanded to include a hair studio, a gym, real estate and a car wash.

"I really like the Village of Oakfield," Ognibene said. "The people of Oakfield have welcomed us with open arms. I can’t say enough about the people of Oakfield. They were glad we put the gym in. I think they appreciate that there is investment in their community."

Ognibene, owner of Crazy Cheap Cars, is clearly proud of his daughter Jennifer Ognibene, who with partner Samatha Hilchey, opened Hair Studio 25 on Main Street a few months ago.

Jennifer was studing physical education at GCC when she started learning hairstyling at Continental School of Beauty and found it was a profession she really enjoyed.

"It’s what I love to do," Jennifer Ognibene said. "It’s exciting to me to do people’s hair. I especially like doing color because you get to see the results after it’s done."

The hair studio is in the same building as Mike Ognibene's wife's real-estate business, Big O Realty, and Mike's new gym.

Soon the gym, which takes up space at the front of the building with a big window facing Main Street, and the hair studio will share a sauna and tanning booth.

The gym, Ognibene said, was really the product of having an appropriate space but no other business stepping forward to rent the space. He saw an opportunity for an exercise space in Oakfield and decided to buy the equipment and open a gym.

"I wanted to make it a lot of cardio because a lot of people want cardio," Ognibene said. "Then I wanted a universal gym because I didn’t want big bars and guys trying to over  lift. We don’t have a straight bar where there could be any risk of injury, because (people) can come in and leave on their own, 24-hours-a-day, seven-days-a-week. I thought (a universal gym) would be safer.

Elba Elementary Principal Jason Smith sends along the following report:

On the morning of March 17, 2010, Elementary students at Elba Central School enjoyed and participated in an assembly which recognized March as Art and Music in our School’s Month while honoring Black History which was celebrated in February.

Third Grade students studied the Underground Railroad Quilt Code in art class and applied that knowledge through creating painted quilt squares. Students were selected to share the meaning of their quilt code with the audience during the assembly. In addition, each grade level performed, through song and dance, an African-American Spiritual.

Some songs were accompanied by rhythm instruments created in art class.

Elementary Drama Club members presented a reader’s theatre skit “Riding to Freedom” using scenery crafted by Elementary Art Club members.

Special Education teacher, Tina Schultz, played the role of Harriet Tubman, who narrated the entire assembly by presenting facts about the Underground Railroad experience.

This was a wonderful opportunity for Elba’s students to appreciate the relevance and historical significance of the arts as vital roles in our education.

The assembly concluded with a sibling trio featuring Elba’s talented folk/spiritual singers: Michaela, Gabe and Judah Stewart singing “Swing Low Sweet Chariot.”

Indian Falls and East Pembroke are being asked to respond to a reported house fire at 1822 Indian Falls Road.

A chief responding reports smoke coming from the eves at that back side of the building as well from the roof ridge.

UPDATE 6:53 p.m.: More departments being dispatched: Oakfield, Alabama and Pembroke, Town of Batavia; Town of Batavia to the East Pembroke Fire Hall.

UPDATE 7:00 p.m.: Fire police asked to respond and close Indian Falls at Airville and at Evergreen.

UPDATE 7:04 p.m.: Fire reported coming through the roof.

UPDATE 7:19 p.m.: The fire has spread; firefighters are trying to get the roof opened up to more effectively fight it.  

UPDATE 7:52 p.m.:  Some tankers being put back in service.

View Larger Map

A chimney fire, with fire outside the chimney, has been reported at 1840 Lewiston Road, Basom.

Alabama Fire has been dispatched. Oakfield is being asked to standby at the Alabama Fire Hall.

UPDATE 11:33 p.m.: A chief reports no flames showing.

UPDATE 12:18 am.: "Chimney clear. Fire out."

UPDATE 12:33 a.m.: All Alabama units back in service.

View Larger Map

More wells in the area of Bank Street and Townline roads have tested positive for e-coli bacteria, according to Town Supervisor Greg Post.

With 25 percent of the 55 wells checked in that area testing positive, Post said it's time for the town to make free well tests available to all homeowners in the town.

And the town is also ready to help neighborhoods that want to switch to public water get started on that process.

"I would have a hard time as town supervisor if I denied somebody even on the other side of town help if they had the same issue," Post said.

In an unattributed press release from the Town of Batavia, officials say well contamination is a serious issue that demands immediate attention. The town is working with the Genesee County Health Department to determine the extent of contamination.

From the press release:

It's the Town's experience that wells within the Town are highly susceptible to well contamination during spring thaw. The Town strongly encourages any Town of Batavia property owners that do not currently have public water to contact the Genesee County Department of Health at 585-344-2580 and request a one-time sampling. The Genesee County Health Department will collect the sample and plot the location of the water well with a GPS survey device. These samples are funded by the Town of Batavia. You may request a test for coliform bacteria and nitrates. The results of the test will be available at Batavia Town Hall.

Any property owners who are interested in public water are encouraged to notify the town in writing (either with an informal petition, by individual letter or e-mail). In areas of concentrated interest, the Town will begin the process of seeking grant funding to extend public water to those areas.

Previously: Three residential wells on State Street Road contaminated by e-coli

Today was the 21st annual Penny Carnival at St. Joe's. As always, a big turnout for the games, activities and food.

More pictures after the jump:

A small, unattended grass fire has been reported in the area of 9754 Transit Road.

The call was initially sent to Stafford Fire, but the fire may actually be on the other side of the road, in Bethany's district, so Bethany Fire has been asked to respond as well.

UPDATE 2:53 p.m.: A chief on scene has confirmed it's Stafford district.

UPDATE 3:00 p.m.: Now they say it's in the Bethany district.

View Larger Map

Six-month-old Jaylynne, with her mother Tesla Greck, met the Easter Bunny for the first time today at Oliver's Candies. The Easter Bunny made a special guest appearance at Oliver's today and gave out candy to dozens of children who came by for a visit.

Disappointing first half for Batavia in its semi-final championship match against Westhill.

The Blue Devils trail at the half, 40-22.

The story line of the first half is pretty simple: Batavia's shots haven't been falling and Westhill pretty much can't miss.

Westhill started the game with a three-point goal and Batavia has been chasing the Section III champs all night.

You can listen to the game live on WBTA.

UPDATE 9:41 P.M.: At the end of the third quarter, 51-37, Westhill. Early in the third quarter, Batavia pulled within 10 points, but then Westhill took control back and quickly erased all of the Blue Devil's progress. Listen on WBTA.

UPDATE 10:03 p.m.: Westhill wins, 69-53. Andrew Hoy led Batavia with 24 points.

UPDATE on Saturday evening: Syracuse.com has four good photos from the game.

Three people from Genesee County will be honored by the Rochester Press-Radio Club at its annual sports awards banquent in May.

• Mike Rapone, Notre Dame High basketball coach, will be named the High School Coach of the Year.
• Batavian Katie Stack, an RIT hockey player, will be named Female College Athlete of the Year.
• Lindsay Chatt, from Oakfield-Alabama, will receive the Jerry Flynn Award, for a high school student who excels in athletics, academics and community service.

Founded in 1949, the Rochester Press-Radio Club raises money for local charities and its annual sports awards are one of the most prestigious regional award programs in the United States.

This year, the headliner for the dinner is New Orleans Saint and former San Diego Charger quarterback Drew Brees.

The dinner is May 12 and tickets are $125 per person, with group rates available.

Are New York's dairy farmers being harmed by possible monopolies in the milk-processing industry?

That's one of the questions the nation's top anti-trust cop will try to answer when she meets with a group of dairy owners at Genesee Community College at 11 a.m., March 27.

The meeting isn't a hearing, but Assistant Attorney General Christine Varney will be on hand to hear directly from farmers what complaints they might have regarding alleged price fixing.

New York Farm Bureau President Dean Norton said the farm bureau has been working on getting farmers to the meeting, but he doesn't have a position on whether there are monopoly practices in the industry.

"I can't say yes or no to that question," Norton said. "There are some people who believe there are monopolies in the industry, but I don't know if there is any hard evidence to prove it. That's one thing I guess Varney wants to find out."

Sen. Charles Schumer helped arrange the meeting after learning that Varney has been working on anti-trust issues in other parts of the agriculture industry.

(via Watershed Post)

A message making a bomb threat was found around noon at Le Roy High School today.

The entire student body was evacuated to the athletic fields.

A New York State Police bomb-sniffing dog was brought in and no bomb was found. Students were allowed to return to class around 2 p.m.