On Saturday, the Le Roy Fire Department held its annual awards banquet at Bohn's. Chief Mike Sheflin submitted this picture. From left are, Fire Chief Mike Sheflin, 1st Assistant Fire Chief Tom Wood, recipient of the Fire Chiefs Commendation Award, Past Chief Rick Bater, recipient of the Firefighter of the Year Award, and 2nd Assistant Chief Dale Erhardt.
A former Le Roy resident is accused of breaking into a business in the village 11 months ago and stealing money.
Det. John Condidorio made the arrested based on fingerprints the alleged burglar left behind.
Eleven months ago, investigators could not find a match in the State Police database for the latent prints lifted from the scene of the burglary.
But a second check recently found an apparent match to Nicholas S. Dellarocco, 22, currently residing at 1232 Latta Road, Greece.
Dellarocco was reportedly arrested not long ago for another alleged burglary in Monroe County. At that time, he was fingerprinted and his prints added to the state database.
He's been charged in Le Roy with burglary, 3rd, petit larceny and criminal mischief.
The alleged break in occurred May 3, 2009. A local business owner reported that someone broke into the building, damaging doors to gain entry and damaging a cash register in a quest for money. Whomever broke in did find money in a second cash box inside the business.
Dellarocco was arraigned and jailed on $5,000 bail.
Residents at 61 Myrtle St., Le Roy, report the strong smell of smoke coming from a downstairs apartment, but there is no smoke showing.
Le Roy Fire and Bergen Fire are responding.
An assistant chief on scene reports nothing showing.
UPDATE 1:53 p.m.: Le Roy still on scene investigating.
Wind Tamers -- the bright white and blue, jet-engine looking wind energy devices -- are catching on in Genesee County.
There's already one installed in Le Roy (the picture on this post is of the one we mentioned in March), and Thursday evening, the Genesee County Planning Board recommended approval of two more and a company representative said a fourth unit was recently sold in Pavilion.
In all, Wind Tamer, Inc., has sold 40 of the turbine wind machines in New York, Ontario, Canada, and Pennsylvania since the company started selling them last year, according to Glenn Steed, installation coordinator.
"We’re trying to bring wind energy to people, to areas that might not be able to support large towers or open rotor designs or anything with noise and really bring a kinder energy to wind," said Steed following Thursday's meeting.
Approved were applications from Wayne and Jane Smith at 10744 South Street Road, Pavilion, and Joseph Falcone at 10213 Perry Road, Le Roy.
The Wind Tamer was designed by Jerry Brock and it achieves greater efficiency and produces more energy than traditional windmills because of its jet-engine like design.
The design is also quieter and can be mounted at lower heights for less visibility.
These advantages, Steed said, are proving very attractive for small businesses, agricultural uses and rural residents.
"Thre’s no noise at all," Steed said. "We just had a noise study done and the results are on our Web site. They’re just really quite. There’s really no increase in the ambient noise from the surrounding area."
Prices start in the $15,000 range, but Steed said the return on investment, because of the greater energy production, is much faster than traditional windmills.
Wind Tamer is based in Geneseo and Steed said most of the materials and all of the labor so far comes from New York.
“It’s a lot of good dollars in New York State," Steed Said. "It’s a good, growing business in New York.”
A car fire has been reported at 9606 Berned Road, Pavilion.
It is parked in a driveway and is not near a structure, however the caller just called back and reported the car fire has now started a grass fire.
Le Roy Fire is responding.
UPDATE: It appears the fire is under control. No more units need to respond to the scene.
The New York State budget deficit is now a familiar refrain to the taxpaying public and the following list focuses on the shortfall of tax revenues in the western part of the state. Genesee specifically stands out as the county with the greatest fall in tax revenues. Remember the source of the greatest losses came from the large financial institutions that created the problems leading to decreased revenues everywhere in the world. Most of those institutions are centered in New York City and they comprise the greatest part of the deficit. Below is the carnage of Western New York.
Erie — $634.6 million, down 3.2 percent
Niagara — $96.6 million, down 1.6 percent
Allegany — $17.2 million, down 2.2 percent
Cattaraugus — $32.5 million, down 1.2 percent
Chautauqua — $52.2 million, up 1.2 percent
Genesee — $32.1 million, down 6.5 percent
Orleans — $13.4 million, down 4.1 percent
Wyoming — $14.2 million, down 4.8 percent
Monroe County ___$385.7 million, down 6.2 percent
It is not too far a stretch to realize that the state Tax Department had some bells going off when these figures were made available. (They have been excerpted from reports in the Buffalo Evening Express and the New York Times).
In fact, as was discussed in an earlier article, the Tax Department has zeroed in on small business as a source of increasing revenues utilizing some very dubious methods.
They are the small businesses that are, in fact, the dynamo of capitalism in America. These small businesses account for half the GDP (gross domestic product) and more than half of all the employment in this great nation and subsequently in the state of New York. Of these small businesses, those with less than 10 employees, approximately 75%, are the top PROVIDERS OF JOBS in this country. However some of the more daunting problems are completely out of their personal control such as:
ever increasing insurance costs ( liability ,disability, health), rising energy costs and taxes, taxes, taxes. National Business Review published a survey last month of the top problems and concerns facing small businesses. Out of the top 10 problems rated as most severe, half of them had to do with taxes and/or regulatory burdens, including:
Federal Taxes on Business Income
Property Taxes (Real, Inventory, or Personal Property)
Tax Complexity
Unreasonable Government Regulations
State Taxes and Sales Taxes on Business Income
Small businesses PROVIDE JOBS. The small business and their employees PAY TAXES. They drive the economy! To cripple them with allegations of unpaid taxes and threats of discontinuing their operations has the tone of a lynching . The result of these attacks will result in LOSS OF JOBS AND INCREASING TAXES . Doesn’t that seem counter-productive to you? What is the Tax Department thinking and where is the logic for their actions?
We stand on the highest steeples and shout our disapproval of our governing leaders but all to no avail. We continue to re-elect them and whine about their ineptitude. So what can be done in a time like this? Should we not call on the local state representatives to make an attempt to stand up for a constituent. Is that too much to ask of those who have been elected to positions of supposed responsibility?
More importantly, remember the legislator who helped when the next election rolls around.
The 17-year-old who was allegedly the subject of a manhunt in the City of Batavia on April 2 has been charged with an additional crime stemming from the search.
Christopher Allen Laird, of 30 South St., Le Roy, has been charged with obstructing governmental administration, 2nd.
Batavia Police and Sheriff's Office police, at least one State Trooper and a State Police helicopter were out looking for Laird the morning of April second in the area of State and North streets.
Laird was not captured that day, but was arrested in Le Roy on April 5. Laird was wanted on a warrant for alleged violation of probation stemming from a burglary charge.
Laird was the subject of a manhunt, also involving the State Police helicopter, on Sept. 23, 2008, following a burglary, 3rd, charge. Laird reportedly went missing a few days before, and was spotted in Elba. He was eventually found, according to reports, at a Transit Road residence where he had been accused of stealing a Polaris Trail Blazer off-road four-wheeler.
The Sheriff's Office put out a wanted notice for Laird on Feb. 2. He apparently remained at large until his arrest a few days ago.
Laird is being held without bail. His next scheduled court appearance is April 14.
Jared Michael Stalker, 26, of 8874 Hartshorn Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and consumption or possession of alcohol in a motor vehicle. Stalker was stopped by Sgt. Brian Frieday at 4:11 a.m., Saturday, on Hartshorn Road in Batavia.
Vincent J. Monteiro, 31, of Buffalo, is charged with DWI. Monteiro was stopped by State Police on the Thruway in Le Roy at 3:09 p.m., Saturday.
Accidents from the State Police blotter:
9:28 a.m., April 4, Arrow Hawk parking lot (Bloomingdale Road), Alabama, two vehicles; Driver 1: Richard A. Ferris, 55, of Interlaken; Driver 2: Zulfiqar A. Syed, 44, of Rochester. No injuries reported.
3:29 p.m., April 4, Kendall Road, Le Roy, two vehicles; Driver 1: Cortney Lee Green, 16, of Byron; Driver 2: Russell A. Lyons, 49, of East Bethany. No injuries reported.
Jeff Allen Good, 34, of 3700 W. Main St., Room 1, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, driving while impaired by drugs and driving left of pavement markings. The Sheriff's Office responded to a report of an erratic driver at 5:58 p.m., Sunday, who was forcing other cars off the roadway. The vehicle was located at 3700 W. Main St., and Good was identified as the alleged erratic driver. He was arrested by Deputy Patrick Reeves.
Jarred Ray Lewis, 21, of 50 Bloomingdale Road, Akron, is charged unlawful possession of marijuana. Lewis was stopped at 4:24 a.m., Sunday, for a vehicle check at Main and Oak streets in the city. He was ticketed by Deputy Patrick Reeves.
Michael Joseph Elmore, 19, of 814 Sumner Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in its original container. Elmore was arrested following a traffic stop 6:49 p.m., Saturday, on Route 33, Pembroke, by Deputy Patrick Reeves.
Mark Christopher Kahabka, 18, of 3991 Pratt Road, Batavia, is charged with endangering the welfare of a child. Kahabka allegedly hosted an under-age drinking party Saturday night.
Nicole Marie Clark, 32, of 72 Blue Ridge Road, Penfield, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and failure to keep right. Clark was stopped by Deputy Eric Seppala at 1:20 a.m., Friday following a report of an erratic driver on Route 33, Town of Batavia.
Daniel Wayne King, 42, of 3481 Batavia-Oakfield Townline Road, Batavia, is charged with criminal possession of a controlled substance. Following a traffic stop by Deputy Patrick Reeves at 2:35 a.m., Saturday, on Veterans Memorial Drive, King was allegedly found in possession of crack cocaine.
Nicole A. Wilson, 33, of 126 E. State St., Albion, DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Wilson was stopped on Route 19 in Le Roy at 12:45 a.m., Friday, by Deputy Chad Minuto.
Brett F. Dieter, 31, of Alabama, is charged with menacing, 3rd, stemming for an alleged domestic dispute that was reported to State Police at 1:06 a.m., Friday. Dieter was arrested at 8:29 p.m. No further details available.
Michael J. Nugent, 21, of Le Roy, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Nugent was arrested in the Town of Batavia by State Police at 3:25 p.m., Friday. No further details available.
Dewey E. Towner, 43, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and a motorcycle helmet violation. Towner was stopped by State Police on Oak Street, Batavia, at 8:25 p.m., Friday.
Accidents from the State Police blotter:
11:44 a.m., April 3, Veterans Memorial Drive, Batavia, two vehicles; Driver 1: Norman G. Walsh, 79, Batavia; Driver 2: Tamera E. Carney, 55, of Warsaw. No injuries reported.
7:35 p.m., April 3, Lewiston Road, Batavia, one vehicle; Driver 1: Sherrill T. Langdon, 80. No injuries reported.
5:01 p.m., April 2, Gilmore Road, Pembroke, property damage accident (parked car); Driver 1: Kristin M. Pequeen. No injuries reported.
6:49 p.m., April 2, South Lake Road, Village of Bergen, two vehicles; Driver 1: Robert L. Reynolds, 23, of Bergen; Driver 2: Desarea M. Sherlock, 18, of Brockport. No injuries reported.
Two months of running has come to an end for Christopher A. Laird.
The 17-year-old was found in Le Roy last night after police received a tip that he was at a Lake Street residence.
Laird has been sought on a warrant for alleged burglary, 2nd.
Sgt. Michael Hare and Officer Robert Tygart made the arrest at 10:50 p.m.
Following his arrest, Laird was transferred to the custody of the Sheriff's Office.
On Friday, Laird was the subject of a manhunt in the City of Batavia after he was reportedly spotted on State Street. Officers for Batavia and the Sheriff's Office were called in, as well as a State Police helicopter, but Laird managed to elude the dragnet.
The Batavian first reported Laird's status as a fugitive on Feb. 2.
A large tree branch has fallen, blocking the roadway at 9761 Summit Street Road in Le Roy. Despite the initial call, no electrical wires are down. Le Roy Fire reponded. Dispatch has notified that it is edging into Pavilion's fire district.
John P. Vanderzell, 62, of 9732 Summit Street Road, Le Roy, is charged with DWI and aggravated DWI (driving with a BAC of .08 or greater). Vanderzell was reportedly observed at a store in Le Roy by Sgt. Michael J. Hare in an intoxicated condition. Sgt. Hare then reportedly observed Vanderzell get into his car and drive away. Sgt. Hare stopped Vanderzell and arrested him for alleged DWI.
Kyle B. Bacon, 19, of 679 E. Main St., Apt. 4C and Ryan T. Nugent, 19, same address, are charged with unlawful possession of alcohol by a person under 21. Batavia Police were dispatched to 679 E. Main St., Apt. 4C to check a report of underage drinking. Upon arriving, police allegedly found Bacon and Nugent in possession of alcohol.
Robert L. Drozdowski, 28, of 15 Washington St., Castile, is charged with criminal contempt, 2nd. Drozdowski was reportedly issued a stay away order out of City Court, which he allegedly violated by contacting the subject person by leaving voicemails on the person's mobile phone.
Accidents reported on the State Police blotter:
2:04 p.m., March 31, Boyce Road, Pembroke, one vehicle; Driver 1: Daniel M. Johnston, 58, of Corfu. No injuries reported.
A rollover accident has been reported on Prentice Road in the area of Buckley Road.
Stafford Fire and Mercy EMS are being dispatched.
Very minor injuries are reported.
Though a retired physician living in Florida I am a native Batavian with more than a passing interest in the discussion of the taxation issue involving the L.B. Grand restaurant in LeRoy.
After giving considerable thought and engaging in review of some New York State journals and available news reports I made the effort to read some of the formidably redundant tax code. Then, following a quick review of statistical methods, I made an unsuccessful attempt to obtain the statistical method employed in the state Tax Code.
Any questioning of the bureaucracy,as you could guess, resulted in the usual government endless merry-go-round.
Some facts however did surface and these I want to share so the New York State Department of Taxation motives will be a little more transparent.
Years of state deficits and unbalanced budgets have created the need for the Tax Department to collect more so that cuts in budgets could be avoided. In New York there exists a budget deficit greater than $8 billion dollars.
The top tax enforcement official, William Comiskey, with the backing of Legislators and Govenor Patterson have unleashed the Department of Taxation and Finance to radically increase the number of audits on small businesses to build the state coffers.
Thus far the goals do not imply anything unreasonable. However, the methods utilized and the individuals who have been hired in increasing numbers to levy these audits create serious skepticism. Dubious sampling methods defy statistical plausibility. These methods include one day samples which are inexplicably extrapolated to define years of income.
That method would be tantamount to estimating the average daily temperature in Batavia, N.Y. by taking a sample of one day then applying it to all days, in all seasons, for three years. Sound crazy? It is! This method may be employed if a small business cannot produce records that the Tax Department considers acceptable and that includes receipts that have been carefully saved but have faded because the vehicle was thermal paper. Such is the case with L.B. Grand Restaurant.
As stated by a N.Y. tribunal ruling on such a case, “A lack of records does not equate to a presumption that taxable sales have been underreported. This does not give the division carte blanche to simply extract convenient mumbers from an index and use them in a manner for which they were never intended.”
The target of such oppressive techniques would be forced to resort to legal help at a huge expense. In many instances this has resulted in dismissal of the claims made by the Tax Department. In the case of L.B Grand an alleged underpayment of sales taxes amounts to $247 thousand over three years has been decided even though gross receipts are approximately $500 thousand per year. Sound crazy? It is!
Involving tax attorneys would be certain to alleviate and possibly get rid of the charges. Isn’t it amazing that a charge made with certainty by the State could almost inexplicably be made to go away? Isn’t that a scary concept? Pay the bill to the state or get a lawyer and he could make it disappear----for a staggering sum paid by the accused to preserve innocence.
Where does this place the small business owner? I will not pander your emotions though the overwhelming mental anguish and suffering of the innocent is palpable to me.
Think it over. Can all of this really be happening? In America?
Two canoeists were rescued from the Oatka Creek in Le Roy this afternoon after their canoe became marooned on a submerged tree near Wilcox Road.
Neither were injured.
"They were just cold and wet," said 2nd Assistant Chief Tom Wood of the Le Roy Fire Department.
The canoeists apparently couldn't control their canoe in the swift-moving, swollen creek, Wood said.
There was another pair of canoeists out with them and they managed to make it to shore and call 9-1-1.
Le Roy Fire responded and used its ladder truck (also called an aerial truck) to rescue the pair, who have not been identified.
Capt. Thomas Carroll and Firefighter Bill Wood went out on the boom, which was lowered as close as possible to the water, and then a ladder was lowered so the canoeists could climb up.
"People shouldn't be on the water right now," Wood said. "It's going too fast, unless you're a really experienced canoeist."
UPDATE: Photo submitted by a reader.
The parents of a 14-year-old girl in Le Roy reportedly found her in bed with a 16-year-old boy from Geneseo.
The parents called Le Roy Police and the boy has been charged with sexual misconduct, a Class A misdemeanor.
The boy's name was withheld by Le Roy Police. He was issued an appearance ticket and will be arraigned in Le Roy Town Court on an unspecified date.
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:
(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.
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."
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