Business

There can no amplified music at Frost Ridge Campground, ruled Judge Robert C. Noonan, in a decision handed down yesterday afternoon, at least temporarily.  

Noonan said the Town of Le Roy showed sufficient proof that it would prevail in its lawsuit on the alleged zoning code violation related to an amplified concert venue and restaurant at Frost Ridge.

He denied the same motion made by plaintiffs Cleere and Collins.

In a statement to The Batavian this morning, Frost Ridge co-owner David Luetticke-Archbell asked the public to be patient and understand that from the owners' point of view, Noonan has not been presented with all the facts by the plaintiffs.

"The most recent came from Mr. Whiting when he stated that the reason the Zoning Board of Appeals was not present was because they chose not to be," Luetticke-Archbell  said. "The truth is that they were never notified that they were being sued. He knew, but they did not ... a fact confirmed with them earlier today."

We are unable to get in contact this morning with Whiting nor a representative from the ZBA for comment.

"We just hope people will be patient, as we have had to be patient," Luetticke-Archbell added. "We need to allow this process to be worked through. There may be a few bumps along the way, but everyone who knows us will realize that we work through issues to resolve them."

We've e-mailed Luetticke-Archbell asking for confirmation whether their planned live music show for Memorial Day is being cancelled.

Noonan said in his five-page ruling that prior cases and NYS code gives the town the right to an injunction in the matter of an alleged zoning code violation, a right not available to the other plaintiffs, who have a higher standard to meet.

"As indicated above, the Town has clearly established that the concert venue and restaurant are in violation of the Town's zoning ordinance," Noonan wrote. "Further, the existence of safety hazards, public order and noise concerns creates a balance of equities in favor of the Town."

The town is not required to prove any special public damage in order to receive "injunctive relief," Noonan said, based on prior case law, just that there's the potential to prevail on a violation of it's zoning code law. 

Prior rulings also require Noonan to set a limit on what the town's damages would be if it ultimately didn't prevail in its lawsuit. If the town loses the suit, Frost Ridge could request Noonan to order the town to pay $225,536 in damages.

Noonan sided with the town on the live music and restaurant injunction, but did not order the campsites shut down.

The ruling acknowledges that the town, through the ZBA, may have misled the Luetticke-Archbells in September about whether live music was permissible, or "grandfathered in," only to contradict that ZBA finding the next day when the zoning code enforcement officer issued a letter barring live music.

The injunction was not granted to Cleere and Collins, the ruling indicates, because there is insufficient evidence of irreparable injury.

The ruling leaves open the ongoing disagreement between the town and Frost Ridge over whether campsites at that location are a preexisting nonconforming use, having been in place prior to adoption of the current zoning rules in 1967.

The town claims Frost Ridge was only a ski area, without campsites, prior to 1967. The Frost Ridge owners claim there were campsites on the property prior to 1967 and that the property was considered a "recreation" use, which means all recreation activity -- including live music -- is grandfathered in.

Noonan has ordered all parties back to his courtroom for a conference on the suit at each party's earliest possible convienence. 

UPDATE: In response to our request for clarification on whether live music will be cancelled Monday, David Luetticke-Archbell responded:

No, it is not cancelled. We are however going to comply with the order from Judge Noonan. I did read your article this morning, and would like to offer a correction. The injunction states:

"Therefore, the motion for a preliminary injunction by plaintiffs Cleere and Collins shall be denied; but the motion for preliminary injunction for the Town of LeRoy shall be granted to the extent of 'amplified outdoor concerts and alcohol service.' "

Frost Ridge shall comply with both of these.

Previously: 

• Attorneys argue fate of Frost Ridge and now await ruling from Judge Noonan
• Town of Le Roy lawsuit aims to end 50 years of camping and concerts at Frost Ridge

Trading in a dusty, cramped attic space for an open-windowed, well-lit studio was like free falling into the unknown for Jim Woodhams and Michael VanBuskirk -- as exciting as it was fearsome.

Woodhams is leaving a custodial position after nine years of service with the Spencerport School District; while VanBuskirk is leaving a laborer's position in the Batavia area. The pair are owners of JC Printing Company and recently relocated their business to the third floor of the industrial complex located at 56 Harvester Ave.

“The attic space became too small to accommodate the inventory and equipment necessary to expand the business,” Woodhams said.

Consequently, when VanBuskirk signed on he began looking into spaces to rent that would allow JC Printing Company to grow their business and have more of a presence downtown.

“I got into this business about a year ago,” VanBuskirk said. “It sounded exciting. It was something that interested me.”

On the other hand, Woodhams had taken a course on screen printing back in high school and enjoyed the class so much that he decided in 2009 to pursue it as a side job.

“The first heat press I bought is akin to an industrial iron,” he said.

From silk screening to embroidery on T-shirts, hats and other apparel; to foil wrap and photo prints on items such as, candles, coffee mugs or plates -- as well as other items -- are all produced in their new space.

“We don’t outsource any of our work,” said Woodhams, who graduated from Fairport High School. “We do all of our work on site. If we can’t do something, we will be honest about it.” 

Consequently, the printing company is making an effort to partner with other companies that have the capabilities JC Printing Company does not have at this time. For example, they have had several requests for paper goods -- letterhead, business cards -- however, they are not set up for paper production.

“Pencils are our biggest sellers right now,” Woodhams said. “We are still using vintage machines of the '30s. I purchased my machine from Guthrie Thomas -- a well-renowned artist of custom made guitar picks.”

Although the editorial process may be time consuming, turnaround time for merchandise is about two weeks for large orders; while some individual orders can be finished in about 20 minutes to an hour.

The process begins with an image, idea or concept the customer has in mind, followed by prepping or “cleaning up” the artwork. Once the artwork and design are approved, the next step is completely dependent on what the customer orders. For shirts, hats and the like, the design is then printed on a clear sheet that is put into a machine to transfer the image onto a screen.

Quality, pricing, efficiency and up-to-date processes are key in the work VanBuskirk and Woodhams produce. The storefront enables the owners to do minimum orders that will cater to the individual who walks in off the street as well as schools, corporations, hospitals, construction companies and more that pre-order merchandise.

“We want to please our customer. When you walk out the door with your purchase, we want you to be happy with the product,” VanBuskirk said. “Reliability -- we deliver on time. We listen to our customers. Communication is essential."

Realizing that advertising is part of the formula for success, tried both the traditional and the most current methods of advertising; according to Woodhams, their greatest success has been word of mouth and creating a catalogue.

“Someone had once told me that catalogues were a poor choice for advertising. For us, it was the best marketing decision we made.”

According to Woodhams, this venture entire is a huge leap. “I am leaving a job that I have held for the past nine years. It’s kinda scary.”

Pricing and other information can be found by visiting www.JCPrintingCompany.com, or find them on Facebook at www.facebook.com/jcprintingcompany. They can also be reached via phone at 800-918-2701 or e-mail at jim@JCPrintingCompany.com.

The Grand Opening of JC Printing Company is Saturday, May 24, all day. The first dozen customers who place an order will receive a free gift.

CORRECTIONS: Our reporter was never informed there was another partner in the business. Her name is Carrie Farley. Also, our reporter was given the wrong grand opening date.  See comment below.

Press release:

Congressman Chris Collins (NY-27) helped the Cornell Cooperative Extension (CCE) of Genesee County regain its tax-exempt status, something it should have never had revoked in the first place. The CCE of Genesee County contacted Congressman Collins’ office after it was notified by the IRS that its tax-exempt status was being revoked without an explanation.

After months of back and forth, Collins’ office determined that the IRS mistakenly placed CCE of Genesee County on an "Auto-Revocation" list. The issue has now been resolved and the agency’s tax-exempt status has been restored.

“On behalf of CCE Genesee, I am extremely thankful and grateful for the persistent and timely support, and active intervention with the IRS in resolving the erroneous revocation of our tax-exempt status,” said Beverly Mancuso, executive director of CCE Genesee. “Attempts to resolve this were unsuccessful until I reached out to Congressman Collins’ office. I am extremely relieved to have this matter successfully addressed and behind us, hopefully once and for all. I cannot even imagine how much time and effort was required on the part of the Congressman’s office, but our association is more than thankful.”

“Unfortunately, the IRS is an example of big government bureaucracy at its worst, and I am grateful my office was able to help Cornell Cooperative Extension of Genesee County get out of a mess it never should have been in,” Collins said. “Our office is always available to constituents and local agencies who are having a trouble navigating the federal government to get an answer or resolve a problem.”

Press release:

The Genesee County Economic Development Center (GCEDC) recently underwent an audit by the Office of the State Comptroller (OSC) to review the agency’s process for evaluating, approving and monitoring projects from Jan. 1, 2012 through Janu. 27, 2014. The audit found that the GCEDC is “effective in its efforts to promote, develop and assist in economic development projects in Genesee County.”

“We are very pleased with the results from the Comptroller’s audit,” said Wolcott Hinchey the chairman of the GCEDC. “It verifies our approach to economic development as it pertains to having shovel-ready sites available in order to bring new jobs and capital investment into our region. In particular we were very pleased that the Comptroller’s audit recognized the success of the Agri-Business Park with the opening of Alpina and Muller-Quaker yogurt manufacturing facilities.”

The audit also provided the GCEDC with some suggestions and opportunities to improve the agency’s controls and accountability. These included: developing evaluation criteria and process and performance appraisals for potential projects; monitoring procedures for companies that receive benefits from the GCEDC -- as far as achieving capital investment and pledged job creation totals in completed applications for assistance; the development of a cost-benefit analysis ratio or ratios that is reflective of its economic environment and is an appropriate and reasonable measurement of the incentives being offered, among others.

These items will be addressed through a corrective action plan that will be submitted by the GCEDC to the Comptroller’s office.

“We appreciate the recommendations suggested by the Comptroller’s office and will incorporate them into our corrective action plan,” said Steve Hyde, president and CEO of the GCEDC. “Anything we can do to improve upon our transparency, especially with our public sector partners and the taxpayers is something we always take very seriously.”

Link to Audit- NYS Comptroller Audit of the GCEDC

Employees of Kistner Concrete were outside the County Courthouse this afternoon, using the sidewalk along the Tonawanda, for a team building exercise. The goal was to roll a ball through a series of half-tubes down the length of the sidewalk until it was successfully dropped in a basket. Each team member had to advance the ball and then move to the end of the line and wait for the ball to roll to their position again.

The leadership program is sponsored by the University at Buffalo. 

Top photo, Greg and David Luetticke-Archbell, owners of Frost Ridge. Inset, Attorney Reid Whiting, representing the Town of Le Roy.

In a 90-minute hearing, all three attorneys in the Frost Ridge land use lawsuit had a chance to make their case before Judge Robert C. Noonan, who said at the end of the hearing he will rule soon on whether the more than 50 year old campground in Le Roy should be shut down.

The two plaintiffs in the dispute -- the Town of Le Roy in one lawsuit; and David Cleere, Marny Cleere, Scott Collins and Betsy Collins in the other -- are seeking a temporary judgement to stop the campground from hosting any concerts and to bar camping altogether at the facility.

David Roach, representing the owners of Frost Ridge, David and Greg Luetticke-Archbell, said even a temporary order would potentially drive the campground out of business.

A shutdown would lead to more than $100,000 a month in lost revenue, as well as put at least 38 people out of work, according to court documents filed by Roach. The campground has at least $1.8 million in local economic impact accounting for $148,000 in sales tax revenue for the county.

At issue is whether the campground constitutes a legal, nonconforming use in the current residential/agriculture zoning district and whether concerts at the venue are covered by that existing variance.

There are very few points the two sides agree on.

The land now occupied by Frost Ridge (purchased for $174,000 by David and Greg in 2008, according to mortgage documents on file with the county) was originally owned by Janet McPherson Frost, the grandmother of two of the plaintiffs, Marny Cleere and Betsy Collins.

In 1957, the land was leased to John Mattern for winter skiing.

At some point, Mattern added camping. Roach maintains in court documents that campsites were first installed in 1963. Reid Whiting, attorney for the Town of Le Roy, and Mindy Zoghlin, attorney for the other plaintiffs, maintain there is no proof of campsites on the property prior to 1967.

That year is significant because that's the year the area was rezoned to R+A. Prior to that, according to the Luetticke-Archbell team, the land was considered a recreational use area by town planners.

In 1972, the McPherson Family sold the land to Frost Ridge, Inc.

In 1998, the owners of Frost Ridge at the time sought to clarify the zoning of the land and asked the Zoning Board of Appeals for an interpretation of the code.

The ZBA declared the property a nonconforming preexisting use and, as such, legal as a campground (the defendants maintain as a "recreational facility," which would include music entertainment). The ruling also barred any expansion of the campground without zoning and planning board approvals. The owners were not allowed to add buildings or amenities.

Whiting told Noonan today that the ZBA reached the conclusion in error because it was told incorrectly that there were campsites on the property prior to 1967.

The assertion that there were campsites prior to 1967 is merely a self-serving claim by the current owners, who couldn't possibly know whether it's true because they didn't live in the area at the time, Whiting said.

Neither Whiting nor Zoghlin shared what Cleere and Collins, who apparently grew up in the area, might know about campsites prior to 1967.

In 2002, the site was sold to Lei-Ti Too, LLC.

Lei-Ti applied for and received building permits to add buildings to the property as well as an above-ground pool and an in-ground pool.

These approvals were granted in apparent contradiction of the 1978 ZBA ruling.

Whiting said that these building permits, given in error, do not mean the current town board has no right to now enforce the local zoning ordinance. Zoghlin agreed.

"The long and the short of it is a building permit cannot grant rights in violation of zoning laws even if the permits were granted illegally," Zoghlin told Noonan. "Improperly granting a use doesn't prevent the town from later correcting the error."

She cited a case in New York City where a builder was ordered to remove the top 12 floors of a newly constructed building after it was found he received permission for the taller building in error.

David and Greg Luetticke-Archbell purchased the property in October 2008.

Whiting and Zoghlin claim they've increased the number of campsites.

Roach said, actually, they've reduced the number of RV sites from 167 to 157 and maintained the count of 30 tent sites.

What has perhaps caused a misunderstanding by the plaintiffs, Roach told Noonan, is that Luetticke-Archbell have run the business more successfully and attract more guests. More RVs at the campgrounds make it look like there are more campsites.

In July 2013, the Frost Ridge owners went back before the ZBA asking about the campground's nonconforming-use designation.

The ZBA -- and the county planning board -- determined it was a legal nonconforming use.

Whiting told Noonan the ZBA should not have reached that conclusion without consulting with the town's attorney, which is Whiting.

"The ZBA met in an informal session," Whiting said. "They did not seek my involvement. They didn't seek my counsel. They didn't interact with the planning board or the town board. I'm not hear to slam the ZBA. They're good people doing their best, but in these difficult matters, they should step back and seek the advise of counsel."

Both Whiting and Zoghlin argued that claims by the defendants that the statute of limitations has expired on the plantiff's legal standing to challenge the ZBA determination is faulty. Zoghlin said that by state law, the clock doesn't start ticking until the ZBA notifies the town clerk, and the town clerk was never notified.

Roach told Noonan that as an experienced municipal attorney, he finds Zoghlin's assertion unreasonable and out of step with actual practice throughout New York. New York law is complex and boards such as the ZBA are populated with volunteers and everyday citizens who do not know the nuances of every state law. It would be unreasonable to expect such boards to comply with every bit of minutia in state code, and in fact, he said, there's case law to support that conclusion. If the failure of a board to notify a clerk of a decision was upheld in the manner asserted by Zoghlin, there would be municipalities throughout the state that could find prior decisions challenged going years back. The clock started ticking on the statute of limitations, Roach said, when the decision was published in the board's minutes.

It was notable, Roach told Noonan, that there was no attorney in the courtroom representing the ZBA, even though the ZBA is named as a defendant in one of the suits.

Whiting said the ZBA was served but chose, by their non-attendance, not to be represented.

Roach responded, again citing his experience as a municipal attorney, that Whiting had the responsibility to ensure counsel was retained to independently represent the interests of the ZBA.

In June 2013, the town board passed a noise ordinance that prohibits unnecessary noise after 9 p.m. and prohibits noise that can be heard across a property line.

Whiting argued that one reason Noonan should grant the injunction against Frost Ridge is that the Cleeres can hear concerts on their property.

Roach argued in his court papers that the ordinance was clearly passed with the sole purpose of targeting Frost Ridge.

Greg and David claim Frost Ridge has hosted live music shows going back to at least the 1970s. Roach produced a photograph showing a large loudspeaker that was installed decades ago. Greg and David claim such loud speakers were all over the property at one time.

Roach said among his exhibits is a poster advertising a concert by the Ghost Riders in the 1990s.

The defendants claim they've had live music shows every season since 2009.

They've also produced two thank-you notes written by Marny Cleere in 2011 thanking them for tickets to a show and for running a good campground.

Zoghlin said the notes are being taken out of context. She also said her client doesn't remember being bothered by -- or even knowing about -- shows prior to 2011. The shows have gotten bigger and louder with each successive year since 2011, Zoghlin said.

The Cleeres have claimed that they can't sit outside their home on concert nights, the noise is so loud, and that when they try to go inside and close the windows, the walls shake because of the noise.

Roach argued that this assertion is merely anecdotal and the plaintiffs have failed to produce any empirical evidence that the volume of music has ever reached a nuisance level.

Meanwhile, he said, his clients hired a professional sound engineer to measure the noise levels on a concert night and found at the Cleere's home a noise level of 51 decibels, "which is 11 decibels above a rain drop and 7 decibels less than the nearby creek."

The Frost Ridge owners also requested a deputy come to the property one night and go to the Cleere residence and see if the noise rose to the level of a nuisance. The deputy, they said, found no problem with the noise level.

Zoghlin said these claims by Roach were hearsay and shouldn't be used as evidence.

The Luetticke-Archbells want to be good neighbors Roach said, and when they heard that the Cleeres had claimed to be bothered by the noise, they reduced the output of their loudspeakers on two different occasions and are prepared to lower the output again to 100 decibels.

 "The Cleeres have never come to my clients directly and said, 'we have a problem with the music,' " Roach said. "Not once. They've gone to the town, but never to my clients."

While the plaintiffs assert the concerts have grown bigger and louder, Roach said the Frost Ridge owners have actually reduced the volume of the loudspeakers and that no concert in the entire history of the "Jam at the Ridge" series has ever drawn more than 400 to 500 people. While conceivably, the venue could accommodate 5,000 music fans, no concert in modern times at Frost Ridge has ever drawn even a fraction of that size crowd.

As part of his answer to the complaints filed by the plaintiffs, Roach attached affidavits from 10 neighboring property owners who all stated that Frost Ridge doesn't disturb their peaceful enjoyment of their property and specifically rejected the contention by the town that Frost Ridge is a public nuisance and is doing irreparable harm to the neighborhood.

The signers are Mark Buchman, Janet M. Whitney, Paul Klein, Karl Kleik, Deborah Kerr, Drionna Hall, Barbara Buchanan, Doreen Paladino, Carrie Poray and Ameka Cooper.

Whiting dismissed the complaints in his argument before Noonan saying that all of the signers lived too far away to truly be affected by Frost Ridge and that this case "isn't a popularity contest." He said no number of duplicative affidavits would address the substance of the alleged zoning code violations.

Roach argued that all of the signers are either close neighbors or direct neighbors of Frost Ridge. Ameka Cooper, for example, lives directly across the street from the concert venue on Conlan Road.

The Cleeres did have a couple of supporters in the courtroom audience today: Jen Gilligan, who lives around the corner from Oatka Trail, and Steven Osborne, who said he lives on the other side of the hill from Frost Ridge. Both said they are bothered by the noise from concerts.

"It's loud," Gilligan said, "and when I put my children to bed, with the air conditioner on, I can still hear the thumping and the beating."

She said she's been to the Cleere's house during the day during band rehearsals and witnessed tables rattling from the noise.

Osborne said the noise problem got worse last year and really upset his wife.

"I don't have a real problem personally with the concerts, but the decibel levels are way up high," Osborne said. "I don't know if there is (a solution that works for all parties), but from my perspective as an old fart that I am, the law is the law and if they're not doing what the law says, then they need to change what they're doing or change the law. Isn't that the way it works?"

Noonan told all parties they can expect a quick decision on the request for a preliminary injunction. A ruling on the injunction either way won't, per se, settle the lawsuit. Regardless of who prevails or to what degree, the suit could, in theory, go forward, even to a trial stage.

Clarification from yesterday's story: We indicated the Le Roy Fire Department had found minor code violations. The items cited by the Fire Department were not in fact violations, but recommendations.

Greg Luetticke and David Luetticke, 
owners of Frost Ridge Campground
(file photo)

The Town of Le Roy has filed a lawsuit that, if successful, would put Frost Ridge Campground out of business.

Frost Ridge, according to the suit, is a cancer on the community.

The chief complaint in the suit is the summer concert series in the facility's natural amphitheater, but the complaint also says the campground violates the town's zoning law, and it has since 1967.

The defendant's uses and occupancy of the property, the suit states, "corrupt the general area so as to destroy the peaceful and quiet enjoyment of residents of the Town in the vicinity, having endangered, impaired and imperiled and threaten to endanger, impair, imperil the health of the public."

The campground, that paragraph continues, "(has) caused and will cause irreparable injury to the health, safety and welfare of the residents of the town."

No evidence of such harm is stated in the complaint, which was filed May 2.

While the suit purports to represent all the residents of the town, the town's own Frost Ridge file -- a copy was obtained by The Batavian through a FOIL request -- lists only one neighboring couple as ever filing any written complaints about Frost Ridge.

"By reason of the foregoing, Plaintiff and residents and taxpayers of the Town will continue to suffer great and irreparable harm, damage and injury from the further continuance of the public nuisance, which cannot be caused to cease except by the injunctive order and in a court of equity," the suit states.

Frostridge, operating under various names over its long history, was opened as a winter ski resort in 1957 and has included campground sites since at least 1961, according to the town's documents.

It's currently owned by David Luetticke and Greg Luetticke, who purchased the business in 2008 and moved from San Diego to Le Roy to operate it.

In 2012, David and Greg started a summer concert series, but records show they weren't the first owners to host live music at the campground.

Last summer, David and Marney Cleere started complaining about the concerts and since then the Town has built a long paper trail of town board meetings, zoning board meetings, attorneys' letters, accusations and counter claims as the town has sought to block David and Greg from bringing some of the nation's biggest country stars to Le Roy.

A hearing on the suit is scheduled for 9 a.m. in the Genesee County Supreme Court in front of Judge Robert C. Noonan.

The lawsuit takes direct aim at the concerts and an alleged plan by David and Greg to open a bar and grill called The Barn on the property.

It also accuses the previous owners of operating and expanding the property as a campground illegally.

"In June 1998, the Zoning Board of Appeals (ZBA) held a public hearing concerning the upcoming sale of the premises by Frost Ridge, Inc., to Molly Perry," the suit reads. "The ZBA determined, erroneously in the view of the current Town Board, that the use of the premises as a campground was a preexisting nonconforming use and thus could continue to be used as a campground after her purchase of the premises."

The property sits within a residential/agriculture zone that was established in 1967. The R/A zone in the Town of Le Roy typically allows only for single-family homes or various types of agriculture use, according to the suit.

The campground has undergone several expansions that violated even a nonconforming use allowance, if such a use were even permitted, which it doesn't, the suit states.

And now what David and Greg have done, and want to do, with their country music concerts and proposed restaurant and continued family camping fun is a cancer that must be eradicated, the suit alleges.

"The size and scope of the planned uses are unsuitable and inappropriate for the area, constituting a maligancy which cannot be allowed to metastasize any further," the suit reads.

The suit was written and filed by Le Roy attorney Reid A. Whiting.

In recent years, Frostridge has booked such name acts as Marty Stuart, the Little River Band, Restless Heart, the Nitty Gritty Dirt Band, Connie Smith -- a 2012 inductee of Nashville's Country Music Hall of Fame, Jerrod Neimann, Jo Dee Messina and Phil Vassar as well as rising stars like Blackjack Billy.

Last year's line-up included a homecoming show for Alexander native Krista Marie and her band The Farm.

The ampitheter can accommodate up to 5,000 people, making it a much smaller venue than Genesee County's only other notable concert venue, Darien Lake. But even so, while Darien Lake's concerts require a substantial law enforcment presense and dozens, if not more than 100 arrests, might be reported following a show, there hasn't been a single arrest reported at Frost Ridge related to a concert since 2011.

There is no immediate information available on the local economic impact of Frostridge, and David and Greg said they could not talk with the press on advice of their attorney. But from previous conversations with The Batavian over the past view years, we know they book thousands of guests every season as well as attract tens of thousands of tourists to Genesee County for their concerts.

Each season, they employ nearly 40 people for concerts and camping.

The town's file on Frost Ridge also contains an apparent notice from earlier this year of violations and an order to cease certain activities, listed by code number. It's signed by the town's code enforcment officer, Jeff Steinbrenner.

David Roach, attorney for Frost Ridge, responded March 17 and stated the notice was dubious in meaning, sweeping in scope, constituted discrimintory enforcment because only Frost Ridge is targeted and runs counter to findings in 1989 and 2013 by the town Zoning Board of Appeals that the campground was operating legally as a preexisting, nonconforming use.

Roach accuses the town of merely perpetuating a political agenda driven by the Cleeres.

"We are aware that one married couple, David and Marny Cleere, just last year expressed their displeasure for the first time with the ongoing 50-plus year tradition of live music at Frost Ridge," Roach wrote. 

He continues, "they in fact demand the town 'abate the violations of the Town Code,' in what seems like a frontal assault on Frost Ridge's very existance. If not entirely arbitrary and capricious, the town's intended action against Frost Ridge may be construed as furthering the Cleere's personal agenda, which has absolutely no legitimate bearing on Frost Ridge's compliance with the Zoning Code."

The suit also alledges that the campground's current use and configuration constitutes a serious fire hazard to the surrounding area, campground guests and the campground's owners.

The town's file on Frost Ridge contains a Jan. 9 letter from the Le Roy Fire Department finding five minor possible fire safety violations, including problems with signage, no site map and no letter in the department's file on how many permanent residents there are at the campground.

The campground sits on two parcels of a combined 31 acres with an assessed value approaching $130,000.

Marty Stuart performing at Frost Ridge, Sept. 2011.

Alexander native Krista Marie peforming at Frost Ridge, August 2013.

Blackjack Billy performing at Frost Ridge, June 2013.

Phil Vassar performing at Frost Ridge, July 28. During his performance, Vassar praised Frost Ridge. He praised the setting. He praised the hospitality. He praised the acoustics of the venue. "This is a special place," Vassar told the crowd after his fourth song. "We play a lot of places around the country and there's no place else like this."

Eric LeVan, pictured right, knows something about running a successful business. The Churchville native opened Mark’s Pizzeria in Batavia two years ago and he is also co-owner of one in Gates as well.

When he’s not making pizza, he’s engrossed in martial arts.

“When I was a kid I took martial arts classes, but it was eight years ago that I seriously got into it. I found that I loved doing it and I was passionate about it,” LeVan said. 

LeVan, along with his good friend, neighbor and fellow martial artist, Russ Corey, decided to turn their love of martial arts into a business by opening a dojo (Japanese for martial arts school) at the old location of Grammy O’s Laundromat in Batavia’s Valu Plaza. After redoing the entire space, the new 2,200-square-foot facility now has new walls and carpet, fresh paint and authentic martial arts memorabilia on the walls.

“The only thing left from the original building is one wall. We added two bathrooms, two changing rooms, an office and the workout area,” LeVan said. “We were weekend warriors who came in and got it done, although most of the credit goes to our friend and fellow martial artist, Dick Shamp, who knows more about this stuff than Russ or I do.”

Bushido Martial Arts officially opened earlier this month. If you’re looking to learn how to do fancy jumps or mixed-martial-arts type of moves, this is not the place for you.

“Our school is very traditional. We teach centuries-old Japanese martial arts traditions,” LeVan said. “Our style of Goshin Jutsu Karate is a good mix of Karate, Judo and Jujitsu. It includes punches, blocks, strikes, stances and throws used for the sole purpose of self-defense.”

Bushido means “Way of the Warrior” in Japanese. There are seven virtues associated with the Samurai Code of Bushido which is stressed at the school: Gi -- Integrity, Yu -- Courage, Jin -- Compassion, Rei -- Respect,  Makoto -- Honesty, Meiyo -- Honor, and Chugi -- Loyalty.

All classes are taught by Sensei Eric LeVan, Sensei Russ Corey or Sensei Dick Shamp, who are all black belts of varying degrees. They emphasize self-defense, help you gain mental and physical confidence, as well as provide a good workout. There are also women’s self-defense classes and anti-bullying classes available.

"I love martial arts and I’m passionate about teaching it and passing on the art,” LeVan said. “Our instructors are high energy, respectful martial artists that will work with each student one-on-one to reach their full potential, with over 30 years training and/or teaching experience.”

Bushido Martial Arts is located at 452 W. Main Street Road in Batavia at the Valu Plaza. You can visit their Web site at www.bushidomartialarts.org or call Eric LeVan 585-330-4616 or Russ Corey​ 585-303-7696 for more information.

Photo by Howard Owens.

The Genesee County Agriculture Society is sponsoring a vendor blender from 10 a.m. to 4 p.m., Sunday at the Genesee County Fairgrounds.

At least 56 vendors will be on hand, including homemade crafters and retailers.

The event is open to the public with free admission. 

Food and refreshments available for purchase.

Pictured, representing the Ag Society's event organizers, Kristen Meeder.

 

 

 

 

 

In another sign that spring is really here, Darien Lake opened to the entire public today (season pass holders had access last weekend).

You wouldn't necessarily associate artistic flare with pickup truck bedliners, but the ability of Nate Fix to precisely spray protective coating helped him land a contract spraying liner on a new model of search and rescue watercraft. 

Bombardier designed the new craft to meet the needs of fire departments involved in all types of water rescue and developed very exacting specifications for the hulls of the craft.

Fix, an art major in college and owner of Rebel Liners, on West Main Street Road, Batavia, is spraying coating on 100 boat bottoms for the Canadian-based company.

Fix is an emergency dispatcher for the county and assistant chief with the Town of Batavia Fire Department, so the contract hits another sweet spot for the lifelong Batavia resident.  

The boats use Bombardier's Ski-Doo snowmobile platform.

The SARs (search and rescue) crafts are suitable for surf and white water rescue as well as bodies of water that are only eight-inches deep.

Rebel Liners was the fifth or sixth company that was contacted by Bombardier and the first that could assure the manufacturer of a coating application that would meet spec. The coating can't vary in thickness from stem to stern, from port to starboard, by more than 2.6 to 3.2 millimeters. Any greater variation would inhibit the proper water intake of the craft's engine as well as affect steering.

"I've been spraying for a little over 10 years now and when you get into bedliner equipment and machinary -- and being that I'm a speciality guy and I spray $50,000 and $60,000 trucks and I have to make them look pretty -- I was the only one in the country they could find who could do the job," Fix said.

When Fix was first approached about the project, however, he was skeptical. In fact, at one point, he was going to turn it down.

The project was at that time top secret.

"I couldn't know what it was about or who it was for," Fix said. "It went on for two months and got to the point where I told them, you know what, I'm not interested. I don't even know who I'm doing this for."

Then he received the CAD plans and notice the copyright down in a lower corner. Bombardier.

"Then I realized it wasn't just mom and dad making a couple of boats and wanting to see if it would work," Fix said. "I realized this was big time."

The coating fix uses is by SPI, a K5 polyurea. It's the same coating he sprays into pickup trucks. It protects the hull of the rescue crafts if they hit rocks or buried tree stumps. Fix said Bombardier tested one of the boats he sprayed and dropped it 17,000 times.

"If it was just the fiberglass, it would have cracked," Fix said.

That's art.

A demolition crew spent the morning tearing down the second house on West Main Street next to Castilone Chyrstler Dodge to make room for the dealership's expansion. Rather than move out of the city, the owners Steve Castilone and Greg Strauss decided to remodel their existing showroom and expand on West Main.

A company with roots in New York, but currently based in Connecticut, is looking to build a plant at the Genesee Valley Agri-Business Park that would convert food industry waste into heat and electricity.

"We make green power out of organic waste," said Paul Toretta, CEO of CH4 Biogas, while presenting his company's plans to the Town of Batavia Planning Board. "Once the digester does its thing, it captures methane and powers an engine that makes green power and puts it on the grid. The engine produces heat that can be used to heat Quaker Muller and Alpina, helping them cut their heating bill."

The cost of the plant is $15 million and CH4 has already secured a $2 million Cleaner and Greener grant from NYSERDA to help fund the project, but is looking to the state for more help.

Toretta said state officials recommended the company present its proposal to the town planning board because the state wouldn't get behind the idea unless it has community support. The state backing would help the company secure bank loans to completely finance the project.

"We're in a holding pattern while looking for help with funding," Toretta said when asked about the timetable for the project.

Once funding is in place, the plant would take nine months to build. The design is already completed because it's the same design used by the company for plants in Wyoming County and Ohio (for Campbell's Soup).

"We only build one plant," Toretta said. "It's the same plant over and over again."

CH4 would use local contractors to build and maintain the plant, which would eventually employ eight people full time, Toretta said.

"When you put that much concrete and steel in the ground there will be a number of people employed," Toretta said.

The plant would be expected to last at least 30 years.

"The project is upfront capital intensive," said Toretta, who is originally from Potsdam. "It takes 15 years to return the money invested to do this. It's a slow, steady project. You borrow money and it takes 15 years to make any return."

CH4 already processes whey and other waste from the Alpina and Quaker Muller (no whey comes out of the Muller plant) in Wyoming County.

A plant in the ag park would reduce transportation cost and the impact on the environment to truck it more than 20 miles away.

The plant would also help the Genesee County Economic Development Center attract more food processors to the ag park, Toretta said.

Chris Suozzi, GCEDC's VP for business development, agreed.

"It would complement what we're already doing," Suozzi said. "It would definately help with the marketing when you have a green ag park. What better way to market the park and bring in more companies?"

The plant would be set up so it could take any sort of organic food waste, including waste from products that were already packaged but were found to be defective in some way so couldn't be shipped to customers. Toretta said the plant could separate the food waste from the packaging and then recycle the plastic or metal containers.

The plant would produce very little waste itself, but what it did produce would go into the local sewer system, but with much less biological chemicals and suspended salts than could otherwise go into the waste stream.

The plant would also produce little in the way of odor, which is important to Alpina and Quaker Muller because the plant would be upwind from those facilities.

"If there was any type of odor, as you can imagine, Campbell Soup would not allow us to operate our plant there," Toretta said.

Press release:

Representatives from Western Regional Off-Track Betting Corporation (WROTB) announced today that total wagering at WROTB on Saturday’s Churchill Downs races including the Kentucky Derby topped out at $2,173,378. This beat WROTB’s previous record set in 2012 of $2,007,064. The 2014 number is an 8.8-percent increase over the 2013. Wagers placed at Batavia Downs Gaming totaled $26,000, an increase of 30 percent over last year. Wagering using BataviaBets.com, WROTB’s online Web site, was $97,387 -- a one-day record. Nationally, the handle on the Kentucky Derby was about even with last year. Seven winners across OTB’s branches hit the Superfecta for $7,691 each. One patron at Batavia Downs hit the $2 trifecta five times winning $17,500. Total handle taken in by WROTB on May 3rd was $2,529,197.90, a one-day record for the corporation, celebrating its 40th year of existence this month.

“We’re happy to see such robust numbers," stated WROTB CEO and President Michael Kane. “With national wagering flat, it’s great to see that people in Western New York made it a point to visit our gaming facility, branches and EZ Bets on Saturday to get in on the excitement that the Kentucky Derby brings to viewers. As a public benefit corporation, a percentage of money wagered goes back to the counties that own WROTB meaning higher Derby handle numbers benefit all residents of Western New York.”

TV Ratings showed that Buffalo Ranked 4th nationally among viewership in major cities posting a 16.9 rating and 32 share.

“It’s so exciting to see that interest in the Kentucky Derby is alive and well in Western New York,“ said Ryan Hasenauer, director of Marketing of Batavia Downs and WROTB. “We’re all pulling for a triple-crown contender in California Chrome. All our Branches will be open at 10 a.m. on May 17th, the morning of the Preakness, and we’ll be having another party at Batavia Downs with specials which include food, Free Play and a complimentary Preakness wager like we had for the Derby. There will also be live tellers available.”

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional OTB is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 30 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility.

Press release:

The "Spirit Award" in the Social Entrepreneurship / Nonprofit category was awarded to five Genesee Community College students after they presented their "Batavia Loop Trail and Bordering Business Development" plan to a team of judges at the fifth annual New York Business Plan Competition in Albany last Friday, April 25, 2014. The annual competition invites students from colleges around the state to submit innovative ideas designed to address a currently unmet need in one of six categories.

The GCC students presenting the Batavia Loop Trail (BLT) included Tara Beckens of Clifton Springs, Danielle Cannella, Richard DelPlato, and Maryssa Peirick, all from Batavia, and Adrienne Payne, of Byron. As members of GCC's CEO or Earth Clubs, they envision developing an 11-mile loop trail that skirts around the edge of the City and Town of Batavia connecting a wide array of businesses and regional resources -- from ice cream shops and restaurants to Batavia's treasure trove of city and county parks.The BLT maximizes the idyllic views of Tonawanda Creek and would provide safer walking and bicycling pathways to GCC, College Village, as well as Batavia High School and Genesee Valley Educational Partnership/BOCES on State Street.

The project builds upon the growing international interest and economy of bicycling tourism, and also on Batavia's proximity to NYS Thruway providing a huge tourist market. BLT also links into the new Ellicott Trail, which was recently awarded $1.5 million through NYSDOT Transportation Enhancement Fund. Students researched state and federal funding resources and were delighted to learn that BLT potentially meets many of the criteria for funds from the Unified Planning Work Program (UPWP), Consolidated Funding Application (CFA), NYSERDA's Cleaner Greener Communities, and Transportation Alternatives Program (TAP).

Lastly, and most importantly to the students – the long-term vision poses excellent hands-on learning opportunities not only for GCC students but for the Genesee Valley Educational Partnership (GVEP/BOCES). Next year, students hope to present a plan to GCC's Board of Trustees sharing their idea of creating a small on-campus business, the Recreational Rental Center, giving both students and the general public the opportunity to rent bicycles for the trail and potentially other equipment such as tennis rackets or soccer balls. The new micro-business will provide future GCC students enrolled in Business Administration, Accounting, Sport Management, Travel & Tourism, Web Design, Digital Arts and Physical Education with excellent co-op, internship and work study opportunities. Equally dynamic is providing GVEP/BOCES students enrolled in Conservation, Welding and Automotive Technology programs the chance to help develop and maintain the trail.

The students say the BLT is a "transformative idea that extends out 11 years," but they divided the overall plan into five phases with the most easily implemented segments of the trail opening in 2018. Before heading off to Albany, they shared the BLT idea with local key officials, including New York State Assemblyman Stephen Hawley and City of Batavia Manager Jason Molino, and were delighted the concept was unanimously well received.

"When Jason Molino called the project a 'home run' and pointed out how it would enhance Batavia's quality of life, the students were smiling from ear to ear," said Donna Rae Sutherland, GCC's staff advisor for the project. "While they will probably no longer be GCC students when the project becomes a reality, they are excited to pass the torch along to their peers. And, they hope they will be able to use the trail in the future with their own children years down the road -- or perhaps I should say path!"

The New York Business Program Competition is hosted by the SUNY College of Nanoscale Science and Engineering (CNSE), University at Albany's School of Business and Syracuse University. It has become the premier collegiate contest encouraging innovation and entrepreneurship throughout New York's colleges and universities in the following 10 regional economic zones: Capital Region, Central New York, Finger Lakes, North Country, Mohawk Valley, Western New York, Southern Tier, Mid-Hudson, New York City and Long Island.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for the Liberty Pumps project at its May 1 board meeting.

Liberty Pumps is planning a 100,000-square-foot expansion of its existing facility at Apple Tree Acres in Bergen. The renovation will include new spaces for production, warehouse, research and development, as well as an office, auditorium and training center. The capital investment for the expansion project is $9.8 million and will create 27 new jobs while retaining 124 employees.

In 2000, Liberty Pumps invested $3.7 million for the acquisition of the land and construction of a 60,000-square-foot manufacturing facility. It underwent another expansion project in 2008, which entailed the investment of an additional $4 million for the construction of a 64,000-square-foot addition to the existing facility.

“We are pleased to see Liberty Pumps continue expanding its operations in our region, adding to the growth of employment opportunities in Genesee County,” said Wally Hinchey, GCEDC board chairman.