Thinking of ripping off the Social Services system in Wayne County? Perhaps you’re contemplating trading the EBT (Electronic Benefits Card) you use for food, rent or other items in exchange for drugs, or cash. Maybe you thought the social services system was ripe for Medicade fraud, or you work “under the table” and don’t report your income, and still collect DSS benefits? How about that less than scrupulous store that trades in EBT cards for a portion of their worth, handing out quick cash.

Think again!

Wayne County Sheriff Barry Virts has teamed up with Wayne County Department Social Services (DSS) Director Josh McCrossen in developing a two man unit strictly dedicated to investigating and arresting anyone found misusing the system.

Sheriff’s Investigator Alan Graham had been working with the DSS for the past several years, adopting cases, squeezing them in whenever possible with his regular duties. DSS official Mary Lippert has been working with police to expose the fraud cases and will continue working with the new unit.

That is all about to change. Graham, along with Deputy Andy Hares, will have offices in both the Public Safety Building and the DSS building, with one goal in mind. “I already have a dozen cases backed up, ready for investigation,” said Graham.

Sheriff Virts said it is not the intention to prevent anyone with legitimate needs from receiving assistance, but preventing theft of taxpayer dollars is definitely the goal of the unit. Sheriff Virts said a similar attempt stopped in the late 1970s-1980s when there was a rift between the two County departments.

The unit will not add to the budgets of either department and is expected to at least be a break-even or better level within the full year of operation.

This past week, on Thursday (1/16) Investigator Graham reported the arrest of Jose R. Crespo, age 55, of 12 Mobile Drive after an investigation into the fraudulent use of a deceased person Electronic Benefit Card.

The investigation began when  DSS received notice that a Sodus man, George Brunson, who was in assisted living, passed away in May of 2013, and had an EBT card that was still active months after his death.

Graham checked the stores, such as Walmart, Save-A-Lot and Aldi’s, where the card was used and food stamp benefits were being redeemed. He found that Crespo was involved in the redemptions.

It is believed that Crespo and others spent just shy of $1,000 in the 4 months they accessed  Brunson’s benefits. Crespo was charged with Identity Theft in the second degree and Misuse of Food Stamps. He was arraigned in the Lyons Village Court where Justice Larry Hartwell committed him to the Wayne County Jail without bail. His case will be heard in the Lyons Court at a later date. The investigation is continuing and other arrests are pending.

When the County adopted a long- term energy saving program, they knew the day would come. Thirty people working out of the old County  Court House will be moved, lock, stock and barrel (desks, file cabinets and computers) to other spaces throughout the County. Some will find temporary homes in spaces in a County-owned building on William Street in the Village of Lyons core; others may be shifted to the Public Safety Building out on Route 31.

Department of Public Works Director Kevin Rooney said the move – completely out of the building – will speed up the removal of asbestos materials, deemed highly dangerous under today’s standards.

Years ago asbestos was used in walls, ceiling and floor tiles and especially around piping and electrical work in older buildings. Its removal became mandatory in certain places and conditions, especially when buildings undergo remodeling. Prolonged inhalation of minute asbestos fibers can cause serious illnesses including malignant lung cancer, mesothelioma, as well as other maladies. Often asbestos is ignored, or covered up, but once disturbed, it must be removed.

Rooney said this part of the energy project will cost about $100,000 and begin March 1st, taking about 60 days to complete. He emphasized that the asbestos removal, from the 19th Century structure, will not remove all the building’s asbestos, only in places where walls will be breached for the energy project, as well as ceiling and floor tiles.

Rooney met with the Board of Supervisor’s DPW committee on Thursday to review the plans and suggest where each department will be moved. “The hardest department with be the Public Defender’s Office with 13 employees” said Rooney.

Once the final decisions are made, the public will be notified where the departments will be temporarily housed and where open meetings will be held.

The Wayne County Narcotics Enforcement Team (WayneNET), along with the Village of Newark Police Department, announced the arrest on Wednesday (1/22) of Overton L. Johnson, age 18, of 516 Woodhill Apartments in Newark.

Following the investigation of suspicious activity at the residence,  WayneNET executed a search warrant, issued out of the Village of Newark local court. As a result of that search warrant,  police found 78 individually wrapped bags of suspected crack cocaine at Johnson’s apartment.

Johnson, who is currently participating in Wayne County Drug Court, and is currently on electronic home monitoring, awaiting sentencing from the previous investigation of him selling cocaine, was at his residence when the search was conducted.

The individually wrapped bags that contained the suspected cocaine had an approximate weight of 40 grams.

Johnson was charged with Criminal Possession of a Controlled Substance in the Third Degree, a Class B Felony, brought before the Village of Newark Justice Court, where he was remanded to the Wayne County Sheriff’s Jail, without bail, pending his next scheduled court appearance on January 27.

The Village of Newark Police Department and Wayne NET Were assisted by the New York State Police Community Narcotics Enforcement Team, C-NET.

The Village of Lyons will receive a facelift and welcome new business to William Street this year.

With the awarding of two grants, from the New York State Home & Community Renewal a new business will come to the former J.J. Newberry building, which most recently housed a local Dollar and More Store.

Lyons Businessman Sean Dobbins, who currently owns the building, in cooperation with C.A.S.H. (Community Action in Self Help) has secured a $204,000 grant, with Dobbins providing 35% of that award in construction and renovations. The building will house a “Co-Op” of local fine arts, crafts, jewelry, food and products.

A panel will review artists’ work if they are interested in selling their wares. All artists, craftspeople, bakers, cheese and yogurt vendors must be based in Wayne County. Interested individuals can email photos of their work to newberry@cashinc.org. They can also get up-to-date information and watch the status of the development project at www.cashinc.org, or on the C.A.S.H. Facebook page (Community Action in Self Help).

A cafe/coffee house will be run by Kurtis VonBurgon, who formerly worked at ZuZu’s Cafe in Seneca Falls. He will also manage of the Co-Op. The cafe will feature locally grown fresh salads and baked goods. A farm-to-table lunch will be offered.

With consolidated funding coming from R.A.R.P (Rural Area Revitalization Program and from a Main Street grant, C.A.S.H. will administer the grant, and after completion of the renovation and opening of the Co-Op, Wayne County Rural Development Corporation will be the tenant of record.

The Lyons Chamber of Commerce will help to solicit vendors of interest for the Co-Op of local products. 300 local artists/vendors have already expressed their interest in participating, according to C.A.S.H. representative Eileen Porto. Music may also be a part of the ambiance, with local bands performing at different times at the Co-Op.

In addition to the Renovation Grant, another $200,000 was recently awarded for use in repair and revitalization of Lyons Village commercial buildings. That “Main Street” grant will be administered by C.A.S.H., and the Lyons Main Street Design  will  select worthy projects for those funds.

The granting of the main street renovation funds will be the first order of business and should be commencing in early spring. With construction and insurance issues to be sorted out, the Co-Op plan will likely begin later in the Fall of this year.

The entire first floor of the J.J. Newberry Building (which is adjacent to Dobbins Drugs on William Street) will house the Co-Op and Cafe, with further plans for an Antique Co-op in the basement area, and a catering kitchen planned for holding local events and to showcase local musicians.

 The arrest occurred back in July of 2013. Wolcott Officer-in-Charge, Tom Ryan spotted a vehicle reported stolen out of the Town of Lafayette, NY. The driver identified herself as Shannon Shepard, age 41, out of the State of Illinois.

Although the driver did not have the proper identification, police had no reason to believe she was not who she claimed to be. The case was turned over to the State Police in Wolcott and Shannon was charged with Criminal Possession of Stolen Property in the 4th Degree and Unauthorized Use of a Motor vehicle in the 3rd Degree. She was arraigned and remanded to jail to await her court date.

After her initial arrest, Shepard was released on a pre-trail program. That was the last anyone in Wayne County saw, or heard from the woman. Her court date came and went with Shepard a no-show.

A record check showed that Shepard lived in Illinois and a Grand Jury notice was issued for her to appear in Wayne County Court. Unfortunately, the State Police and the District Attorney’s Office soon discovered that Shannon Shepard was the name of an attorney who had no idea why she was being summoned to Wayne County, NY.

The search began for the real identity of the person arrested in the Village of Wolcott back in July. Apparently, the woman using the name Shannon Shepard had done so before. In fact, she used several different aliases in her long career in crime. Searching the aliases, State Police hit upon the name Lori Michelle Scott, age 41. A further investigation showed Scott had a very checkered criminal history in Arkansas, Louisiana, Texas, Illinois and New York.

Further investigation showed Scott was released from prison in Texas and somehow next showed up in New York. State Police investigators, using prior fingerprint records, confirmed that they indeed have Lori Michelle Scott and that she was in jail on a prostitution charge in Rochester. In fact, the woman had several charges in Rochester and was reportedly homeless.

State Investigators in Wolcott picked up Scott in Rochester and brought her back on new charges of Criminal Impersonation in the 1st Degree and Falsifying Business Records in the 1st Degree. She was begrudgingly arraigned in Wolcott Court, using expletives along the way and remanded to the Wayne County jail on $10,000 cash/$20,000 bond. More charges are pending.

It is surmised that Scott either knew the name and details of Shepard, or perhaps used her in her legal woes while in Illinois.

“The State Police did some excellent work in finding her,” said Wayne County Assistant District Attorney Jacquelin McCormick.

State Police in Lyons reported  attempting to stop a vehicle on Thursday (2/6) afternoon headed eastbound on Route 31 in Palmyra for Speeding. The vehicle increased its speed from 73 miles per hour to 88 before it was finally stopped.

The vehicle operator, Thomas Dargenio, age 58, of 201 Canal Street in Palmyra was believed to be intoxicated, but refused to provide a breath sample. A record check showed Dargenio had his driving privileges revoked in New York. It also showed Dargenio had six prior DWI convictions, four of which were felony DWIs.

Dargenio was subsequently arrested for Felony DWI, Felony Aggravated Unlicensed Operation in the 1st Degree-an E Felony, two counts of Speeding, Unlicensed Operator and Open Container of Alcohol in a Motor Vehicle after a half bottle of vodka was found in the car.

Dargenio was arraigned in front of Palmyra Justice William Abbott and remanded to jail on No Bail to return to Palmyra Town Court on February 12th.

Regardless of his family and friends’ beliefs, the case against accused double homicide defendant Dante Taylor has considerable circumstantial evidence piling up.

It all began when State Police responded to a home at the corner of Route 14 and Champlin Road in Sodus after 9-1-1 received a call around 4 p.m. on Sunday (7/14/14).

According to sources, a mother, Terri Moulton, age 54 and her daughter Stacey Moulton, age 30, had agreed to check on and feed a neighbor’s, (Shawn Yager) cat while the Sodus man was vacationing in Aruba.

The two women went to the home at about 1 p.m. and, when they failed to return, Terri  Moulton’s husband became concerned and went to the home to check on them at about 4 p.m. He reportedly discovered the bodies of the two women, who had been stabbed to death, lying near a dining room table. Small fires had been started in the residence allegedly in an attempt to hide the double murders. The fires were quickly extinguished. Police suspected that the two women had interrupted a home burglary. A canvass of the neighborhood provided a composite sketch of a black man seen on the property. Police also began looking for a dark blue mid-size SUV, possibly a Mercury Mountaineer seen parked in the area.

Following leads, Police took Dante Taylor, age 33, of Rochester into custody on Thursday on a parole violation. According to sources, Taylor was in possession of “contraband”. He was remanded to the Monroe County Jail on No Bail.

Police indicated Taylor has an extensive police history. He has been in State Prison two different times, the latest for Attempted Robbery in the 1st Degree, where he was sentenced to eight years.

“Let everybody know I’m innocent… tell my family, my kids,” Taylor said, surrounded by state troopers as he was walked into court for his arraignment.

A grand jury indicted Taylor on eight counts, including four counts of first degree murder.

“The victims were found almost on top of each other. They had been stabbed, and I guess there’s evidence from the medical examiner that they probably died instantly from their wounds,” D.A. Rick Healy said.

Taylor is also charged with burglary and arson, as he allegedly set a number of fires in the house in order to cover up evidence. He has been held without bail  at the Monroe County Jail on a parole violation.

Healy said this is a case with circumstantial evidence. DNA collected at the scene is currently being analyzed at the State Police lab. Two court orders had to be issued as Taylor fought giving a DNA sample. That sample has been obtained and sent to the State Police laboratories for comparisons. “We have quite a bit of circumstantial evidence including forensics and technological, including  an eye witness,” said Healy

Delaying the case even further, as Taylor was being led out of a Court hearing on February 4th, he spit at James Kernan, the Wayne County Public Defender representing him. Taylor demanded a new lawyer and Kernan, in papers filed with the Court, agreed The Court is expected to name an outside legal counsel to represent Taylor this coming week.

Healy said the trial has tentatively been set for September 12th

Students at Newark High School are receiving a sobering message about the ultimate consequences of driving while intoxicated. On display in the foyer of Newark High School is the exhibit: “One Second, Everything Changes.” The exhibit chronicles the lives of four Steuben County teenagers who tragically died in a DWI accident during their homecoming weekend. Included in the exhibit are personal mementos of the teens. The exhibit, which was created by the New York State STOP-DWI Foundation, focuses on the September 2007 crash that killed the four teens in the Steuben County Town of Jasper. Three of the teens were students at Jasper-Troupsburg High School and the fourth teen was a recent graduate. One of the teens, 17 year-old Tiara O’Dell, was named homecoming queen just hours before her death. The police investigation showed that the teens were at a party before the crash and that the driver was intoxicated. “The exhibit sends a very important message to our young adults who will see that making the wrong choice to drink and drive or be a passenger in a vehicle that is operated by a person who has been drinking, can have devastating results”, said Wayne County Sheriff Barry Virts, who is also the County STOP-DWI Coordinator. “It is my hope to prevent this kind of tragedy, or any other alcohol- or drug-related tragedy here in Wayne County with our STOP-DWI prevention, education and enforcement efforts” further stated Virts. Newark Chief of Police David Christler stated, “Every life we lose tragically becomes another story, and with the help of the Newark School District, we hope to keep our young people informed, responsible and alive.” Newark High School Principal Thomas Roote added, “The display is particularly powerful to me given an experience one of my closest friends went through following our Senior Prom. “Scott” awoke in the early morning hours after a post prom party. He left the party thinking he was fine. He was not. Upon entering a roadway he struck a pedestrian and left the scene. The pedestrian recovered, but was permanently disabled. Scott has since passed away and carried the guilt of this event to the grave. My entire graduating class still carries the trauma of this post prom event. Preventing this from happening to Newark teenagers is important to me and as a result I was a welcome recipient of the display. Seconds after the display was completed I was able to gaze on it with one or our seniors. He was the beneficiary of my story. This would have not happened without the display.” The exhibit is not only for students but also for parents, since there have been many alcohol parties hosted by parents. The Sheriff added that new social host laws hold people accountable for hosting parties where alcohol is served. “We also want the parents to think about these issues and understand that the impact of an alcohol-related crash will last a lifetime” stated the Sheriff. Wayne County STOP-DWI partnered with the Newark Police Department and the Finger Lakes Council on Alcoholism to bring the exhibit to Newark. Sheriff Virts stated that any Wayne County school district wishing to host the exhibit should call the County STOP-DWI office at 946-7613 or email bvirts@co.wayne.ny.us.

On Sunday (2/16) at about 4:30 p.m. Jeffrey Moore, age 20, of Lyons was operating his snowmobile southbound near the Tellier Road railroad crossing in Palmyra. He told police he looked back then forward and saw the arms lowering at the crossing, but missed seeing the Amtrak passenger vehicle on his left. He leapt to safety at the last moment and was uninjured, but the snowmobile had its front torn off by the impact.

Charges may be pending following a CSX police investigation.

In another  incident on Saturday (2/15) at 2:15 p.m. Jeremy D. Littlefield, age 33, of Sodus was operating his 2004 Arctic cat southbound on a snowmobile trail in the Village of Wolcott. His snowmobile ski hit a railroad track ejecting him from the sled.

Littlefield’s girlfriend attempted to transport him to the hospital by motor vehicle, but stopped at the Alton Fire Department and called 911.

Littlefield was transported to Strong Hospital complaining of shoulder and internal pain. The Sheriff’s Office was assisted by the State Police and Alton Fire Department

You may have passed the sign many times in your travels down Ridge Road in North Rose and noticed the sign reading “Gardner Train Doctor”. You may have smiled and wondered at the unobstrusive sign and long driveway.

What lies beyond is a Wayne County treasure. Did you know that Wayne County is home to one of four manufacturers of model train track in the U.S.

GarGraves Trackage Corporation, and the Gardner Train Doctor, located at 8967 Ridge Road, North Rose is a family-run business, which had its roots in Rochester in the 1940s.

A Rochester man named Eldyn S. Graves, who called his business Gardner Train Doctor, joined with his neighbor Earle A. Gardner who made O gauge three-rail model train track. Together, the neighbors eventually   formed a company called GarGraves, (a combination of their names) to manufacture and market a new flexible model train track.

Don and Marcia Roder and their family now operated both businesses. Don, who was one of the first employees of Gardner’s Train Doctor in the 1940s, purchased GarGraves in 1963 and moved the business to North Rose in 1974.

The building in North Rose, that now houses both businesses, in a mid 30s storage building, with a retail store and Gardner’s Train Doctor in the front, and a 3,000 square foot manufacturing area in the rear for making tracks.

GarGraves tracks are made by 6 people, including one of the Roder’s daughters. Don’s sons Mike and Tom do the repairs and retail sales work. The Roders, originally from Greece, NY,  had 7 children, all of whom  have worked at the store at one time in their lives.

“We pride ourselves on our real wood ties for the tracks,” said Mike Roder. GarGraves track was first available only in the “O” gouge three rail, used on the Lionel trains. Then the two-rail and outside third rail were added to the line. In the early 50s, the “phantom” black center rail was introduced. “S” Gauge track (for American Flyer)  and Standard track were added later. Switches were developed by GarGraves in the 50s as well as track made of stainless steel for those who needed a rust-resistant track.

Pre-war, all trains were made of metals, but in the 40s and 50s they slowly changed over to plastics. Most people prefer the wood tracks which are much more rigid. The solid rail plastic tracks are quieter, though.

“Our tracks are well made and not usually used by the “plug and play” modelers/hobbyists,” said Mike, who officially joined the business full time in 1990. Tom followed in 1997.

GarGraves survived the 60s when model railroading, especially in the larger gauges, was in the doldrums. Things improved in the 70s and many special gauges were made-to-order, along with multi-gauge track. In the 80s, GarGraves added upcouplers and uncoupler/unloaders to the line.

GarGraves now makes flexible track in O, S, Standard and #1 (G) gauge. Section track (introduced in 1995) is available in O and Standard gauge with plastic ties. Sectional track with wood ties is available in O and S gauge. Then there are all types of switches and curves.

GarGraves Products and Gardner Train Doctor are located at 8967 Ridge Road,  just east of Route 14,  on Ridge Road in North Rose.

You can email any questions to GarGraves@GarGraves.com or visit their website at GarGraves.com.

Scott Niles, of Troop 125, Williamson was selected to represent the BSA and Seneca Waterways Council during a High-Profile Trip to Washington, D.C. Scott was one of nine youth delegates selected from nearly 2.5 million youth Scouting members to present the Boy Scouts of America’s Annual Report to the Nation to Congress.

He and the other delegates spent 6 days in Washington visiting different historical places, meeting with top national leaders before presenting the Boy Scouts  Report  to Congress.

The delegation’s schedule while in D.C. included scheduled visits to the U.S. Cabinet, House, and Senate leadership, as well as the White House, CIA, Pentagon, Goddard Space Center, Tomb of the Unknown Soldier, Supreme Court, and more.

Scott is 13 years old and joined Scouting in 2009. He is physically disabled and uses leg braces/crutches or a wheelchair to get around. According to the Boy Scout Council office and his Troop – “Scott  is a great example of the Scouting spirit. He draws upon his abilities versus letting physical challenges stop him for participating in every aspect of Scouting and benefiting greatly from the skills, the confidence building, and the independence gained through Scouting.  He is an example of the Scout Oath as he pushes forward, breaking down barriers to do his best and to help others. He has helped his fellow Scouts understand the broad concept of diversity and to welcome and respect all people regardless of their differences

Scott’s father, Stephen Niles accompanied him to Washington.

With frigid temperatures, heating bills are skyrocketing. The price of natural is rising dramatically as demand increases for heating homes and businesses, and generating electricity.

Town of Walworth Sewer Superintendent Rob Burns was outraged and appalled when the Sewer Plant’s RG&E bill came in February. Their rate for electricity went from .074 per kilowatt hour in January to .15 per kilowatt hours in February….with no notice.

“Our bills in January were about $14,000 for the month and in February they were almost $27,000. How do you budget for that?”

He called RG&E to complain about the rate increase and lack of notification that rates would increase. After talking to RGE about the town bills he discovered what many do not realize. RGE rates did not change the rate for the delivery of the power, but the supplier’s price went up on the commodity portion of the town’s bills. 75% of their electric bill is the commodity portion.

A consumer has a right to choose their supplier of electric commodity. RG&E and NYSEG are the ones who deliver the product to you, not the ones who produce it. Their rate increases came back in 2009 through the PSC (Public Service Commission) and that is regulated (roughly 25% of the customer’s bill).

What is not stationery or constant is the commodity price, which comes from many sources at fixed or variable rates.

Bill Baker of Walworth, an Energy Consultant with KB Marketing Associates had seen the trend coming and had warned many of his clients, including Wayne Finger Lakes BOCES.

“Everyone will start experiencing electric supply cost increases in January and extending in February,” he wrote to BOCES last month. “This is due to two reasons: Coal fired power generation in the Northeast which was tied into the NYS power grid has been shut down and natural gas fire power generation has been turned on to replace it; and The price of Natural gas to the Northeast has jumped to near record highs for those gas fired power plants.”

The result, Baker noted, is that the electric bills will increase over 60% above this time last year (that is the total of supply and delivery billing). “Be prepared for some “electric shock”, he warned.

Gas costs were also higher this winter due to the frigid weather in January and February.

The problem with the warnings and now the actual huge increases, is that the budgets used to pay these monthly bills are not equipped to handle them.

“We saw over a 100% increase. You don’t just chalk that up to a fluctuating rate…it’s devastating,” said Rob Burns.  “We thought that choosing a flexible rate would be the way to go, since we have seen times when our rates were lower that surrounding towns on fixed rates. But, it’s a ‘crap shoot’ really.”

Natural gas is cheaper than oil. Many downstate customers have dual-fuel heating systems – they can use natural gas or oil and many have switched their use to gas this winter.

What also really determines the increase is the commodity market. Sale of fuels like oil, and gas, are traded on the NYMEX (New York Mercantile Exchange) the same way that corn, gold, and silver are traded. Gas is a volatile commodity meaning its price is subject to rapid fluctuations much like the stock exchanges. Users of gas actually buy from Energy Service Companies who buy from investors.

Burns noted that he has learned that municipalities can bid for their fuel supply. This is something that the Town of Walworth will be looking into. “We will ride this out and hope for better weather and lower prices coming this Spring,” Burns said.

Three men were charged with Burglary after the fourth time in four weeks, that the Ontario Video and News, 1380 Route 104 in the Town of Ontario, was robbed.

The Wayne County Sheriff’s Office reports the arrest of two Henrietta men in connection with an armed robbery which occurred in Wayne County on Thursday, March 6.

At approximately 10:20pm, Sheriff Deputies responded to a report of an armed robbery at the store from the store clerk who had been bound by the perpetrators. On his description of the suspect vehicle and perpetrators, a broadcast was made with the information. A short time later that suspect vehicle was stopped on the Bay Bridge by members of the Webster Police Department, Irondequoit Police Department and the New York State Police.

As a result of the stop and follow-up investigation, Patrick Liberatore, age 23, of 7 Blue Avocado Lane in the Town of Henrietta and Steven Farmer, age 20, who also resides at 7 Blue Avocado Lane were arrested for Robbery 1st degree,  Unlawful Imprisonment 2nd degree, and Petit Larceny.  The men were arraigned before Judge Higgins in the Town of Ontario and committed to the Wayne County Jail with No Bail, to reappear at a later date in the Town of Ontario.

The pair also implicated themselves in previous robberies at the Ontario Video and News store which occurred on February 9th and February 16th, currently being investigated by the Wayne County Sheriff’s Office.

Through this investigation, the Wayne County Sheriff’s office also arrested Nathan S. Bump, age 20, who resides at 2681 State Route 21 North, Lot 20, in Wayland, NY. for Robbery 1st degree, Unlawful Imprisonment 2nd degree, and Petit Larceny in connection to the Robbery that occurred on February 16th. Bump was arraigned in the Town of Ontario and was committed to the Wayne County Jail with No Bail.

The New York State Police are also investigating a Robbery at that location which occurred on Wednesday, March 5, 2014. Investigations in all these robberies are ongoing by Sheriff’s Investigators and the New York State Police , with more arrests expected.

A disgruntled former employee of the Garlock Plant in Palmyra halted operations at the facility on Saturday (3/1) night. The man, later identified as Donald J. Mosher, called in to the on-site security officer that he was going to blow up the plant. The Division Street facility had received several calls from Mosher and the plant was evacuated.

Deputies from Wayne, Ontario and Monroe Counties responded to the plant and a sweep by bomb detecting K-9 dogs cleared the facility. Operations at the evacuated Garlock re-started the next day.

On Wednesday (3/5) Garlock security contacted Wayne County 911 to report yet another threat. This threat was made only moments before Sheriff’s Investigators were about to pick up Mosher  for questioning.

After an investigation, it was determined that the two separate incidents were made by the same individual. Mosher was arrested on Wednesday and charged with two counts of Making a False Report in the 2nd Degree.
Mosher, age 42, of Armington Road in the Town of Manchester was a former security guard at Garlock. He had been let go from that position after Garlock changed security firms two years ago.

Mosher, who is currently unemployed due to a disability, told police he made the calls after finding the Plant security number in an old log book of his. “I thought I would have some fun,” he told police.

Mosher reportedly had a veritable “shrine” to his security work in his home and was described as “over the top” with his scanner and assorted items. He was arraigned before Palmyra Justice Terry Rodman and remanded to the Wayne County Jail on $5000 cash/$10,000 bond

State Police knew what the two women were doing on a regular basis. A trip to the nearby Indian reservation to purchase cartons of cigarettes would net the pair a hefty profit. Buy the cartons at stores on the reservation without paying the state surcharges and state and local sales taxes charged in off-reservation locations, then resell them to regular customers. Police believe the every two week trips netted the tax evaders about $10 per carton.

Arrested were Amber Jo Mullin, age 22, of 12378 Furnace Road in Wolcott and Amanda Houghtaling, age 29, of 12531 Old Ridge Road in Wolcott. Mullin was charged with Possession to Sell Unauthorized Cigarettes and Criminal Tax Fraud in the 5th Degree. Houghtaling was charged with Evading the Tobacco tax, Possession  and Transporting Unstamped Cigarettes. Unauthorized Cigarettes, Criminal Tax Fraud in the 5th Degree. Both were arraigned on the felony charges and released to reappear in Newark Court on March 26th.

Both women, in statements to police, deny they made the regular trips for a profit motive, rather buying them for “friends” and family. They gave police several names of those they were reportedly buying the cigarettes for. Police were skeptical because the 153 cartons translates to 30,600 cigarettes every two weeks for a very small group of friends and family.

State Police sources received a lead that the two women would appear in a vehicle in the parking lot of Newark-Wayne Hospital. Newark Police were notified and on Tuesday (3/11) the vehicle was spotted and stopped. Inside, were various brands Indian  brands of cigarettes, 153 cartons in total. They admitted to buying about $2000 worth of cigarettes.

Currently, New York State imposes an excise tax on cigarettes at the rate of $4.35 per package of twenty cigarettes. New York City imposes a local excise tax at the rate of $1.50 per package of twenty cigarettes, bringing the combined tax rate in New York City to $5.85.

A tax stamp affixed to the bottom of each pack of cigarettes sold in the State provides evidence that the taxes were paid. A state tax stamp is evidence that the state excise tax was paid. A joint state/city tax stamp is evidence that both the state and city taxes were paid.

New York State also imposes an excise tax on tobacco products at the following rates:

75% of the wholesale price on cigars and tobacco products (other than little cigars and snuff)

$4.35 per twenty little cigars

$2 per container of snuff one ounce or less, and $2 per ounce and a proportionate rate on any fractional amount thereof for containers with more than one ounce.

Licensing requirements for cigarette agents and wholesalers

You must be licensed as a cigarette agent to purchase and affix New York State cigarette tax stamps. Cigarette agent licenses may be issued to: dealers (wholesalers or retailers) who: maintain separate warehousing facilities for receiving and distributing cigarettes and conducting their business, and who have received commitments from at least two cigarette manufacturers whose aggregate market share is at least 40% of the New York State market importers, exporters, or manufacturers of cigarettes certain other businesses dealing in unstamped cigarettes.

You must be licensed as a wholesale dealer of cigarettes if you intend to sell to a retail dealer or other persons for the purpose of resale.

A buyer of Indian Reservation cigarettes is allowed to purchase two cartons per visit. “Possession of untaxed cigarettes is punishable by law, including fines up to $600 per carton. The New York State Tax Department will investigate and continue to work with law enforcement to prosecute those who violate the law,” said Geoff Gloak, Spokesperson for the New York State Department of Taxation and Finance. That could work out to a state fine of $91,800. Gloak said there are not too many wide spread cases of mass transporting of cigarettes off the reservations since most people know the stiff penalties.

Gloak stated that 80% of the money collected on the sales of cigarettes goes in to health programs.

The Indian brands of cigarettes that were confiscated run between $20 to $40 per carton on average, far below national brands.

Wayne County District Attorney Rick Healy said he would be contacting the Director of Enforcement for the New York State Department of Taxation and Finance. The case against Mullin and Houghtaling will be turned over for Wayne County Grand Jury action.

With a steady stream of voters on Tuesday in  Lyons, and a few voting machine  snafus, voters, in the end,  chose to continue with the Dissolution Plan for the Village. The votes was 474 Yes, and 309 No.

Nearly 800 Village voters appeared at the Lyons VFW. Having previously voted to Dissolve the Village in an election held in November of 2012, voters were asked to decide if the Dissolution Plan should continue.

This Tuesday’s Special Election ballot simply  asked: Shall the elector-initiated dissolution plan take effect?

Even, with 78 absentee ballots still to be counted, and 9 ballots to be-hand counted, the outstanding  votes could not override the outcome of Tuesday’s balloting.

A total of over 1200 voters showed up for the first vote in 2012. At that time, 619 voted to dissolve the Village of Lyons, and 585 said no. It was, however, a Presidential election year, and many voters were already at the polling sites to cast their votes.

So, what happens now?

Lyons Town Supervisor Brian  Manketelow stated that he would not start the momentum with “guns blazing”. “We want to be respectful of the Dissolution Committee’s plan. The people who did all the work deserve to be heard. We will take baby steps and use the plan as a starting point,” he said.

“We need to digest all of this. It just happened,” Manketlow acknowledged on Wednesday morning.

He indicated that the Governor’s office had called that morning (Wednesday) to offer any assistance. The Supervisor told the governor’s aide that the Town is working hard on consolidations, but is stuck with bad infractures, unfunded state mandates and a Tax Cap that make it very difficult for municipalities. He asked the State to “ante up” with funds to help the town progress forward.

Manktelow indicated that he had not yet spoken to Mayor VanSteen, but planned to sit down with him soon. “There are still some tough feelings all around, and we may need to just let everything settle down and move carefully and mindfully. The dissolution will not be final until December 31, 2015,” said Brian.

Mayor Terry Vansteen was similarly careful. “We were obviously disappointed with the vote. Everyone knows my feelings. My real concerns now are two-fold. The morale and well being of my employees. It has been particularly brutal on them with the uncertainty, explained VanSteen,

“Our plan now is to work on “going out of business”. I have angst and concern for the people of the Town of Lyons. They had no say in  the decision and it affects them negatively. The decision is a travesty for them.”

Vansteen spoke of concern for all village employees also. “This long discussion has reflected on them. The village is not bad or evil. Our staff and trustees are the most answerable of all government agencies. They all do a good job. They are hard working, dedicated and tireless individuals who serve the citizens. It is unknown if some will be hired by the town. There is a lot of uncertainly.

“The voters were promised savings, and that is now up to someone else to deliver that savings,” said the Mayor.

“This year we had to operate as if we were still going to be a village. We set up a one year budget for 2014-2015. We had to be business-as-usual. We could not do any long range planning. We had to have a narrower vision.”

Several items still have to be handled by the Village as it goes forward to  dissolution. They must work to move the Fire Department from a Department to a District. “We want it to be  a smooth transition,” Terry noted.

The Village of Lyons also has to work on some loose ends with a previously funded project in the works for the summer on the Canal Trail. The work completing the trail from the west end of Newark to the Village of Lyons  must be completed so the grant can be closed out.

Both the Mayor and Supervisor indicated that they must now hire consultants to  aid them through the process of dissolution. The State will fund the process, but an RFP (request for proposals) must be made to find a consultants to do this. Manktelow also wanted to reach out to Seneca Falls, who has been through a dissolution – although each village and their services are unique. Assets have to be transferred, and property. There are many layers.

“You can’t just wait until October of 2015 and begin the process. Many transitions will occur starting this year,” VanSteen explained. He indicated that Sewer and Water can probably be transitioned first, as their budget are separate and not part of the village budget,  by law.

“We will also have a decision to make on what to do with unappropriated fund balances paid by the village taxpayers. We need to find the best way to use that to their benefit, as it was their money collected for emergency use,” said VanSteen.

“My long range focus now has changed. I am in the business of shutting down the business of the village,” said the man who will become the last Mayor of the Village of Lyons.

When Fletcher Streeter went out to  warm up his 2002 Cadillac DeVille on Friday (3/28) morning, he had no idea what would transpire. He went back inside to his 111 Driving Park Circle home in Newark for a brief moment.

The running car was too much of an invitation for  well-known thief and predicate felon, Sean T. Mykins, age 36, of 210 Hoffman Street in Newark. Mykins jumped into the Cadillac and took off.

The car was reported stolen and spotted by a State Trooper as it sped through the Village of Palmyra. As the Trooper exited his vehicle and approached the stolen car, Mykins did what he has done in the past – he hit the gas and the chase began.

It continued west on Route 31, speeding through the Village of Macedon. As the vehicle approached the Walmart store on Route 31, Mykins veered into the entrance, striking a car driven by Michelle Danesi of Perinton. Her six year-old child received a bump on the head when Mykins smashed into the rear passenger panel of the Danesi vehicle.

The stolen Cadillac came to a stop and Mykins turned the purusit into a foot chase, ending with his capture at the entrance to  Walmart. Mykins was taken into custody and brought to the hospital where blood was drawn to determine his blood alcohol level. According to sources, Mykins was “huffing” propane while driving the stolen car, something he has reportedly been doing for years.

Mykins was charged with Resisting Arrest, Criminal Mischief in the 2nd Degree, Reckless Endangerment in the 1st Degree, Endangering the Welfare of a Child, Grand Larceny in the 4th Degree, Criminal Mischief in the 3rd Degree, Reckless Driving, Aggravated Unlicensed Operation in the 2nd Degree, Leaving the Scene of a Property Damage Accident, Failure to Comply with a Police Officer, Failure to Keep Right, Speeding and numerous other vehicle and traffic violations. More charges are pending. Mykins, a predicate felon, has three past instances where he has lead police on high speed chases. He has been convicted of Rape in the 3rd Degree and several Reckless Endangerment charges in both Wayne and Monroe County. Mykins was arraigned on the charges in Newark Village Court and remanded to jail on No Bail. A preliminary hearing has been scheduled for April 2nd at 8:00 a.m. in the Village of Newark Court. State Police were assisted by the Village of Newark, Village of Palmyra and Town of Macedon Police Departments.

Fire destroyed a large building at Wayside Garden Center in Macedon, around 1:30 a.m on Tuesday. A second building was also badly damaged and a hazmat situation was declared because of pesticides located in the vicinity.

Wayside’s owner, Leo Sorbella,  said the main retail part of the business remains open, and was not affected by the incident.

The fire mainly impacted storage and maintenance equipment, as well as electrical connections that feed power to the greenhouses. He added most of their spring crops appear to be unaffected.

The fire is under investigation, though police and the center’s owner don’t believe there was any foul play.

The question of equal pay between elected Town of Ontario Justices Paul Sucher and Reginald Higgins is not in question. Both men receive the same salary of $18,249 annually.

Sucher, a retired State Trooper, receives health benefits in his retirement package from New York State. Higgins receives his health benefits from the Town of Ontario.

That is what is at the crux of a lawsuit brought by Sucher, who served papers on not only the current Town Supervisor, John Smith and current Board members at last Tuesday’s board meeting, but former Town Supervisor Bob Kelsch and former board members as well.

According to the suit, Sucher feels that salary, as defined by law, is compensation for services and should include monies spent on health and other non-salaried benefits. He feels he should receive an additional $14,127.60 annually, the amount Higgins will receive in health coverage costs. He is asking to be reimbursed a total of $83,409.75 for the years he has been a town justice since his election in 2008.

Town Attorney Alan Knauf, in a  memorandum in April of 2013 addressed Sucher’s requests by citing  various legal decisions. He wrote that insurance benefits are not considered “salary” according to town law. According to the New York State Comptroller, “salary” is defined to “mean simply the fixed cash consideration periodically paid, or the per hour, per diem or per week remuneration to which an officer or employee is entitled,” and not “fringe benefits.” Accordingly, the State Comptroller has opined that hospitalization insurance premiums and other fringe benefits are not normally considered as a part of an officer or employee’s annual compensation or salary.

Sucher contends that both he and Higgins perform essentially the same job and devote approximately the same amount of time to their elected positions and that while the paychecks are equal, their compensation is not.

Town officials could not comment on the lawsuit, except to say it was in the hands of their attorney. Sucher’s attorney, Charles Steinman, Esq. of Rochester, could not be reached prior to press time.

The case against that Dr. Anna Marie Kontor, accused of taking ‘Repeal  NY’S S.A.F.E. Act’ signs from a front yard in the Town of Williamson back on November 21st, 2013, has been moved to the Marion Town Court.

Lawyers for the 47 year-old pediatrician, who works for Williamson Pediatrics, asked for the change of venue, citing  the Town of Williamson is represented by the Villani Law firm, who is also representing Kantor.

Wayne County District Attorney Rick Healy said the case has dragged on long enough. He had offered to plea the case down from a misdemeanor Petit Larceny to a violation of Disorderly Conduct. Katie Villani of the Villani Law firm wanted the charge reduced to a ACD (Adjourned Contemplating Dismissal), since the doctor did not want any conviction on her record, but Healy refused saying Kantor either had to take the plea deal, or go to trial.

Gun owners, opposed to the NY SAFE ACT have rallied against the law banning certain types of assault weapon and  also targeting ammunition purchases by dealers and gun owners.

Signs began appearing on lawns throughout the State urging the repeal  of the rapidly passed legislation. No sooner had the sign movement taken hold, when homeowners began complaining of sign thefts.

The case will come before Marion Justice Samuel Bonefede  on Wednesday, April 23rd.

The local chapter of S.C.O.P.E. (Shooters’ Committee On Political Education) has the signs for sale at $8 around Wayne County. S.C.O.P.E. representatives, said they will be attending the court hearing and any resulting trial in the case.