Today's scheduled trial of a former Oakfield-Alabama teacher who is accused of sexually abusing a student has been pushed back to May 11.

Oakfield Town Justice Thomas A. Graham confirmed that 27-year-old Kerry Hoffman had until yesterday to accept a plea offer or go to trial, and Hoffman did not accept a plea deal. His case is going to trial.

All seven charges against Hoffman, five counts of sexual abuse and one count of endangering the welfare of a child, and a count of official misconduct, are misdemeanors.

The case will be tried in Oakfield Town Court.

Previously, attorney Thomas D. Calandra has proclaimed his client's innocent.

"People will be surprised," said Calandra in January. "We will be bringing up issues that will surprise people."

The possible purchase of three new school buses and two other vehicles is on the ballot in Le Roy today.

Voting in the LeRoy Central District will take place from 3 until 7 p.m. in the Trigon Building.

There are two propositions:

• The first would buy three school buses at a cost not to exceed $285,000. Ninety-percent of the cost is covered by state aid.
• In a second proposition, district voters will be asked to approve $72,000 for the purchase of a truck and tractor for the school district. No state aid is available for the vehicles, however.

(via WBTA)

David J. Schultz, 27, of 3124 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Schultz was stopped at 2:32 a.m. on Tuesday by Officer Kevin DeFelice.

John A. Akok, 30, of Hartford, Conn., is charged with DWI and driving with a BAC of .08 or greater. Akok was stopped by State Police on the Thruway in Stafford at 7:42 a.m., Monday.

Isreal A. Amador, 22, of Rochester, is charged with criminal contempt. Amador was picked up at 11:08 a.m., Monday, by State Police in Le Roy at the Thruway exist for allegedly violating an order of protect. No further details available.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Spring colors aren't quite yet here, unless you go to The Enchanted Florist! Brighten up your home or office today. We have a $20 gift certificate for $9.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

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

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Even though local laws regulating where convicted sex offenders can live have been overturned by courts, the Batavia City Council wants more information on what sort of laws it can pass regulating sex-offender residency around daycare centers, parks, schools and churches.

The issue is being pushed hardest by Councilwoman Rose Mary Christian, who has received complaints about a Level 3 sex offender in her ward.

"Our preliminary investigation shows a strong leaning in the courts -- because there is such an extensive body of state statute dealing with this matter -- there is a strong feeling in the courts that this is an area that the state legislature has preempted," said City Attorney George Van Nest. "It would be beyond the ability of local municipalities to create a whole other body of regulations."

A Web page maintained by David Hess, pastor of the West Henrietta Baptist Church in West Henrietta, tracks local sex-offender laws and writes that such laws have been thrown out in Schuyler, Albany and Rensselaer counties.

"We need to do something to protect our children," Christian insists.

Council President Marianne Clattenburg suggested the city ask the New York Conference of Mayors if any local laws have been upheld. Those might be the model for Batavia, she suggested. Then the council can better direct Van Nest on any draft laws or other action.

Three residents spoke in favor of creating tighter local regulations on where sex offenders can live, including Tara Pariso, a mother of three children who is also executive director of CASA, an agency that acts as advocates for children caught up in the legal system.

Pariso discovered while searching for daycare for her own children that one daycare center in Batavia is operated by the wife of a Level 2 sex offender who lives in the house next door to the facility.

"I have no trust left in our state that they’re protecting our children," Pariso told local media after the meeting. "They have no licensing requirement that there are no sex offenders in their neighborhood. I would not trust the state to tell me who is safe and who is not, and the licensing really means nothing to me at this point. I have to do my own background investigation to figure out who I can trust my children with."

The home Pariso is concerned about is Teddy Bear Day Care, at 25 Pearl St., Batavia. 

The New York Office of Children and Family Services lists Marsha Coy as the operator of Teddy Bear Day Care.

Ronnie Coy, a Level 2 sex offender, lives at 27 Pearl St. He was convicted in 2002 of promoting sexual performances by a child and served more than a year in prison. According to local law enforcement officials, Coy has not been in any trouble since his release from prison.

A Genesee County database indicates Ronnie and Marsh Coy purchased 27 Pearl in March, 1983.

The owner of 25 Pearl is another Batavia resident, so Marsha Coy apparently rents the location of Teddy Bear Day Care.

According to the state site, the daycare business was first licensed in June, 2003. It's current license runs through June 2011. It was last inspected on Jan. 25. There have been no state enforcement actions against Teddy Bear since it opened in 2003. There are no pending complaints against the facility, which is licensed to handle 10 children ages 6 months to 12 years old, and two additional school-aged children.

Teddy Bear's only signage on the house is hand-painted and hanging from a window by the front door.

In researching this article, we found Hess's Web site, mentioned above, and he asserts that local laws restricting where sex offenders can live are counterproductive.

The common view is that the recidivism rate is high among sex offenders. It is not. New York regularly publishes 3-year follow-ups of all those released from state prisons. Between 1985 and 2002 a total of 12,863 sex offenders were released. Only 272 of these (2.1%) were returned to prison for new sex crimes within three years of their release.  (2002 Releases: Three Year Post Release Follow-up, State of New York Department of Correctional Services, p.16) 

This corresponds with an Associated Press story from 2003 that states that only 5.3 percent of sex offenders are arrested for the same offense after their release. Wikipedia also has a good summary of studies and stats about the very low recidivism rates among convicted sex offenders.

Batavia Police are being dispatched to State Street in the area of Batavia High School where a man has been observed dancing in the rain.

The subject was "last seen sashaying south on State," a dispatcher said.

The caller also reports that the man allegedly took a bottle from his pocket, took a swig and returned it to his pocket.

Josh Stendts, a 17-year-old senior at Batavia High, is pretty impressed with the slide shows ESPN creates for its Web site, so a while back he tried his hand at creating one about the Buffalo Bills losing season. Friends and family liked it and started encouraging him to do one about the Blue Devils boys basketball team.

At first, he resisted the idea, but when Batavia beat Sutherland and went to 8-1, he got excited about the team's prospects for the season.

In past seasons, Batavia vs. Sutherland games "have had a lot of tension and produced exciting games," Josh said in an e-mail today. "When I heard the Blue Devils had won in Sutherland, I knew it was going to be a special season. No one, including myself, thought this team was going to be as successful as they ended up being. I stopped doubting the team when the Blue Devils defeated Sutherland."

Josh's dad was also pushing him to do a video about the Blue Devils.

There was problem, Josh had a song idea, but not enough pictures. When Batavia reached Sectionals, however, The Batavian started going to games and shooting and posting lots and lots of photos.

The song was Billy Joel's "We Didn't Start the Fire," because, Josh said, it was fast and he could pack a lot of information about the team into the lyrics.

When he first uploaded the slide show, he didn't have all the pictures he would eventually include, but as more and more friends and fans saw the video, it began to become popular around the campus.

He continued to polish the effort.

"On March 12th, I put together a slide show with a few pictures," Josh wrote. "I finished a rough copy and posted it on YouTube. When I returned to school on Monday the 14th everyone, including the teachers, congratulated me on such a great video. My last class of the day on Monday was GYM and my teacher is Coach Brasky. As I entered the gym to check in, he immediately pointed at me and told me 'Great Job, unbelievable.'"

Buddy Brasky and Principle Chris Daily wanted to show the video at a pep rally on Friday, before the team left for the state championship games in Glens Falls.

"I was absolutely shocked and incredibly thankful for the opportunity," Josh said.

He did one more edit on the video and then handed it over to school officials to play at the rally.

"On Friday, the video was played in front of the entire school," according to Josh. "I was nervous about what everyone would think. As the video came to a close, I received a standing ovation from the entire auditorium, including the basketball team. It was definitely one of the best experiences of my life."

Josh is definitely thinking about the idea of going into media production, but he's also interested in sports medicine. He says he has plenty to think about when he starts classed at GCC in the fall.

"I would like to sincerely thank everyone who was involved in making this video a success, Mr. Dailey and Mr. Mullen for allowing me to show the video at the assembly," Josh said at the close of his e-mail. "Mr. Bromley (Sports director) who e-mailed the video to all the teachers. All my family and friends who viewed the video, and a special thanks to The Batavian for giving me permission to use their pictures for the slide show."

The Batavian would like to thank Josh for using our pictures. That's a great honor. We did ask Josh to add credit to The Batavian in his video, and we are grateful that he readily agreed to so. Congratulations to Josh on such a great tribute to the Blue Devils. It's definitely a great piece of quality work.

County taxpayers will save more than $1 million in interest payments, thanks to an effort by County Treasurer Scott D. German to refinance four old bond issues.

German got permission from the County Legislature in January to try to refinance the bonds, and closed on all four issues -- from 1996, 1998, 1999 and 2001 -- on March 16.

The total savings turned out to be $1,113,632.50 over the next six years.

"We did better in the market place than we anticipated, we did about 10% better than expected,” German said in a press release today. "I couldn’t be happier to help provide these savings to the taxpayers.

The $10.7 million in bonds helped build the court facility, make improvements to the county building and old courthouse, build the GCC technology center and renovate the county nursing home.

From the press release:

Since we are experiencing low rates of interest in the bond market, German asked Fiscal Advisors, the county’s financial advisor, to take a look at refinancing  to see if it was worth while, “as it turned out it was a gigantic savings to the taxpayers,” German said.  “It is not often that I can save taxpayers over a million dollars, I am so glad I asked the question,” German said. “Bottom line, this is a great savings to Genesee County taxpayers."

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.

Here's a press release about helping animals. It was sent out by ASPCA -- the American Society for the Prevention of Cruelty to Animals -- and forwarded to us by Volunteers for Animals of Genesee County:

"There is still time to save low-income spay/neuter! Last week, we contacted you about New York’s proposed 2010-2011 Executive Budget, which seeks to eliminate a statewide program called the Animal Population Control Program (APCP) but includes no plan to replace it. We need to ask you to contact your legislators once more — even if you already e-mailed them last week, please do so again.

We’ve set up our online letter-sending system to fax your senator and assemblyperson, since their staffs have informed us that for this issue, this is the best way to get your opinions heard. We also hope you can take a minute to call Governor Paterson at (518) 474-8390 to urge amendment of the proposed Executive Budget to save the statewide spay/neuter program for low-income New Yorkers' animals.

As you know, animal-control resources are already stretched to their limits — and without a pet-sterilization program to meet the needs of low-income New Yorkers, the number of unwanted dog and cat births in our state will skyrocket, leading to further overcrowding in shelters and increased euthanasia.

Visit the ASPCA Advocacy Center to fax your state legislators about saving the state’s low-cost spay/neuter program.

Thank you, New York, for caring about our state’s neediest animals."

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.

New York Gov. David Paterson layed down the gauntlet today, submitting legislation that if passed will mandate limits to unrestrained government spending.  The governor's solution to excessive budgets is represented in two bills, both caps- one on spending, the other on property taxes.  Paterson described his frustration with the state's fiscal condition, spotlighting the $60 billion in structural deficit shadowing the next four years and the exorbitant property tax bills imposed to offset deficit spending.

The governor has proposed a Constitutional amendment to cap State spending.  He cited increased spending- starting with the 2002-03 Fiscal Year to 2007-08.  State operating funds spending grew from $52.8 billion to $77 billion, an average annual rate of 7.86 percent- approximately 5% greater than the annual inflation rate.  According to Paterson, "If my spending cap had been in place in 2002, New York's annual spending growth during that period would have averaged 2.7 percent and spending would have been $16.6 billion lower in 2008." 

Gov. Paterson's property tax cap differs from previous proposals.  Those proposals focused exclusively on capping school property taxes; his proposal would limit all local property tax growth.  "My proposed property tax cap," he explained, "would limit tax levy growth for all school districts, counties, cities, towns, villages, special districts and fire districts to four percent or 120 percent of the annual increase in the consumer price index, whichever is less."   His bill is based on recommendations of the Commission on Property Tax Relief, and resonates with public opposition to paying the highest local taxes in the nation – 78 percent above the national average.

Paterson reminded that the current budget deficit demands tough choices and spending cuts and responsibility to correct mismanagement and restrain spending.  The two bills, underscored by urgings for belt-tightening, force the hand of the Legislature.  No longer can the Senate and Assembly lunch with the special interests and ignore fiscal irresponsibility.  The whole state will be watching when the ayes and nays are voiced.  Nay-sayers will clearly be acting against the will of the people.

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.

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