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Le Roy

Home of Frost Ridge Campground owners in Le Roy destroyed by fire

By Howard B. Owens

As he stood just 100 yards from his home destroyed by an early morning fire, David Luetticke-Archbell wanted a picture made -- one that would bring in all of the scene filled with dozens and dozens of volunteer firefighters.

"I want our daughters to see this so they know that so many people came to help us," Luetticke-Archbell.

No lens offers a wide enough angle to bring it all in, but Luetticke-Archbell said he was "blown away" that so many would take their time to help others in need.

The fire may have destroyed every personal belonging of David and Greg Luetticke-Archbell, who moved to Le Roy in 2008 to purchase Frost Ridge Campground on Conlon Road.

"When we move out here, we scaled down to only what we could fit in our RV and we came and there were very few personal effects, just the things that actually had meaning because they came from a parent or a grandparent or something," David said. "There's nothing left. I keep telling the kids that it's going to be OK because we still have each other, but there's nothing else left. It's going to have to be enough."

David and Greg are parents to an 11-year-old boy and two 7-year-old girls. 

They also had a family dog, Sadie, who is missing.

David and Greg had been at the campground all day for Fourth of July and spent the evening enjoying a campfire with friends.

As they returned home at about 12:30 a.m., David said he could see the glow of a fire. He thought somebody's barn might be on fire. As they got closer he saw the fire trucks and it still didn't sink in.

"I thought, 'I hope nobody got hurt,' " David said.

Then it struck him.

"There is our home with fire on it and it’s everything that we ever had," David said. "And it’s not there anymore and I don’t know what to say."

As they pulled up, Greg rushed to the front door. He wanted to find Sadie. A Le Roy police officer stopped him from going into the burning building.

"An officer said 'no you can't, it's too dangerous,'" David said. "He was right because about that time the front of the house – it exploded. I mean you would have thought there was a bomb in there or something. I mean you ... look at this. There’s nothing left. There’s like a frame."

While the house burned, Greg began to shake uncontrollably. He was taken by ambulance to Strong Memorial Hospital for observation. Greg recently suffered a pair of heart attacks.

It's been a stressful few months for the campground owners. They are being sued by neighbors David and Marny Cleere and Scott and Betsy Collins as well as the Town of Le Roy. The suits allege violations of the town's zoning laws over both the very existence of the campground (which as founded by Marny and Betsy's family in the 1960s) and live music concerts held at Frost Ridge. Judge Robert C. Noonan granted a temporary injunction to the town barring amplified music at Frost Ridge pending a final decision on the lawsuits.

Le Roy Fire Chief Tom Wood was the first on scene and he said the back porch of the residence at 8005 North Road was completed engulfed in flames.

Firefighters entered the structure to pitch an offensive battle against the flames, but when a ceiling collapsed on them, they had to retreat.

An explosion inside the residence knocked down a firefighter who was outside the building. He wasn't injured in the blast.

From that point, the fire fight was defensive and crews did manage to knock the fire down before it did heavy damage to the front of the house.

"Our biggest problem here was water," Wood said. "We've got three different counties worth of tankers here shuttling water."

In all, 12 fire departments responded to the scene.

Wood said it may be possible or the David and Greg to recover some belongings from the front of the structure, but in all likelihood, it will need to be torn down.

The house was built in 1806 and David said the beams of the house are cut tree trucks that still have bark on them in places.

Frost Ridge has a history of supporting the Le Roy Fire Department.

"It definitely hits home with us," Wood said. "These guys have been great to us. They run a Fun Day for us. With everything else that's going on there, they certainly didn't need this."

UPDATE 11:26 a.m.: The cause of the fire has not yet been determined. The investigation is being conducted by Deputy Frank Bordonaro, the Le Roy Fire Department and Genesee County Emergency Management. 

Assisting at the scene were Alexander, Brockport, City of Batavia, Town of Batavia, Bergen, Bethany, Byron, Caledonia, Churchville, Cuylerville, Darien, Elba, Mount Morris, Mumford, Oakfield, Perry, Scottsville, Stafford, South Byron, Pavilion and York. Mercy EMS also responded to the scene. Inmates from Wyoming Correctional Facility were also bussed in to help.

(Initial Post)

David Luetticke-Archbell receives a hug from a neighbor.

Fully involved structure fire on North Road, Le Roy

By Billie Owens

A working structure is reported at 7993 8005 North Road in Le Roy. Le Roy, Stafford and Pavilion fire departments are responding along with the city's Fast Team.

UPDATE 12:33 a.m.: A responder on scene reports "there is an exposure problem with a propane tank." A "full assignment" from Caledonia is requested along with Bergen. City's first platoon is called to its headquarters to stand by. National Grid is called in.

UPDATE 12:36 a.m.: A crew from York is called to stand by in Le Roy's fire hall.

UPDATE 12:93 a.m.: The location is just west of Conlon Road.

UPDATE 12:49 a.m.: Command tells responders to proceed to the scene from the east.

UPDATE 12:54 a.m.: A crew from the Town of Batavia is requested to stand by in Le Roy's fire hall. No word on status of the same request from York.

UPDATE 1:17 a.m.: The original address of the fire was an approximation provided by the caller. It is now reported to be 8005 North Road, which is east of Conlon Road, but just west of a creek.

UPDATE 1:20 a.m.: Crews from Alexander and Bethany are called.

UPDATE 1:24 a.m.: Elba and Darien fire departments requested to man tankers in their respective halls.

UPDATE 1:32 a.m.: Now a tanker from Oakfield is requested to fill in at Le Roy's fire hall.

UPDATE 1:35 a.m.: Oakfield is asked to instead man a tanker at its own fire hall.

UPDATE 1:46 a.m.: Looking at the street view on Google Maps, the North Road location is right across the street from the north end of Conlon Road.

UPDATE 2:13 a.m.: According to the Town of Le Roy's 2014 final tax assessment database online, the property is owned by Gregory J. Luetticke-Archbell, who is involved in a lawsuit with two neighboring families regarding his Frost Ridge Campground summer concert series. The 2,512-square-foot house has five bedrooms, two baths, and sits on 9.73 acres. It was built in 1806 and was last purchased in May 2011 for $116,400.

UPDATE 2:45 a.m.: Here's what David Luetticke-Archbell told media at the scene:

“I’m so lucky. Oh God. We were about a block away and coming up the hill and we saw a little bit of flames and some smoke and then I realized there were fire trucks here – there were one or two – and I wasn’t sure what to think. I thought maybe it was a barn or something and then I looked up and there is our home with fire on it and it’s everything that we ever had. And it’s not there anymore and I don’t know what to say – watching them tear this thing down…

"When we moved out here, we scaled down to what we could fit in our RV and we came and there were very few personal effects, just the things that actually had meaning because they came from a parent or a grandparent or something. And there’s nothing left. Absolutely nothing. And I keep telling the kids that it’s going to be OK because we still have each other, but there’s nothing else left and it’s going to have to be enough."

They had been gone all day. When they got home, David said Greg kept calling for their dog, Sadie, to try and get her out. Greg wanted, and tried, to go inside to look for her but was stopped by a Le Roy police officer.

"...an officer said 'no you can't, it's too dangerous.' And he was right because about that time the front of the house – it exploded. I mean you would have thought there was a bomb in there or something. I mean you ... look at this. There’s nothing left. There’s like a frame."

Greg was transported to the hospital. He was visibly shaking at the time. He had a couple of heart attacks a few weeks ago and they took him to the hospital to keep an eye on him, David said, adding that the children's aunt is staying at camp and they will stay with her for "a week or two until we figure it out."

UPDATE 5 a.m.: Le Roy Fire Police told to open the roads back up.

Law and Order: Batavia man accused of stealing from employer in Le Roy

By Howard B. Owens

Timothy Robert King, 23, of Otis Street, Batavia, is charged with petit larceny. King is accused of stealing $361 from an employer in Le Roy.

Zachary Wayne Morlock, 22, of Gary Lane, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Morlock was stopped at 12:26 a.m. on Alleghany Road, Darien, by Deputy Joseph Corona.

Sherri Colleen Butler, 54, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Butler was arrested on a Town of Batavia Court bench warrant.

Jerald A. Shuler Jr., 52, of Ellicott Street, Batavia, is charged with harassment, 2nd. Shuler allegedly threatened to hit a roommate and threw a cup of coffee. Shuler was ordered to stay away from his roommate.

Lisa M. Sequerth, 44, of West Main Street, Batavia, is charged with harassment, 2nd. Sequerth is accused of sending an ex-boyfriend 34 unwanted text messages after previously being warned not to contact her ex-boyfriend.

Residents again turn out at Town of Le Roy board meeting to support Frost Ridge

By Howard B. Owens

Once again, about two dozen supporters of Frost Ridge turned out Thursday evening at the Town of Le Roy board meeting to protest the town's ongoing litigation against the six-decade-old campground on Conlon Road.

Supervisor Steve Barbeau made it clear at the start of the meeting that he wasn't going to allow the kind of free-for-all debate that took place during the meeting two weeks ago.

He asked each speaker to speak one at a time and only cover topics not already raised and addressed.

About six people spoke -- a veteran who said the ban on concerts was an insult to those who fought and died for freedom; a resident who suggested the town was passing up an opportunity to put a $2 surcharge on concert tickets sold and generate a little revenue; one person who wanted to know how much the lawsuit that most in the town don't support is costing taxpayers; and a resident in the Gulf Road area who complained about toxins from a proposed facility at the old town dump being allowed while music in the community isn't allowed.

After those who wanted to speak spoke, Barbeau answered a couple of the questions and offered this summary of the town's position:

"For the town board it is not, has not, and will not be an issue of revenue, such as adding taxes, or making money off of whatever Frost Ridge chose to do or not. It isn't an issue of anything to do with any noise. It is isn't an issue of anything to do with really anything other than is this a permitted use, and by this, I mean a concert venue, whether it's for veterans or it's for anything."

At this point, Barbeau was interrupted by a couple of people, and then he went on:

"For the town the only issue is, is this a permissible use, accessory use or special use within the Town of Le Roy in an R and A zone. The Town of Le Roy's position is not only is it not a permitted use, accessory or special use in an R and A zone, it is not permitted in any zone in any district in the Town of Le Roy."

Law and Order: Otis Street resident charged after child bitten by dog

By Howard B. Owens

Tami L. Mileham, 40, of Otis Street, Batavia, is charged with a prohibited nuisance. Mileham's Rottweiler allegedly bit a 9-year-old child. The Rottweiler was seized and is currently being held at the Genesee County Animal Shelter.

Kathleen E. Gonzalez, 52, of West Main Street, Batavia, is charged with issuing a bad check. Gonzalez is accused of issuing a bad check March 11. She turned herself in on an arrest warrant and posted $500 bail.

Markeda D. Starks, 23, of Campbell Street, Rochester, is charged with harassment, 2nd. Starks was arrested on a warrant by State Police in Canandaigua stemming from an alleged incident at 9:05 p.m. June 16 in which Starks shoved another person during an argument. Starks was turned over to Batavia PD and arraigned on the charge and posted $300 bail.

Willie J. Miles Jr., 50, of Aberdeen Street, Rochester, was arrested for alleged failure to appear. Miles was jailed on $2,500 bail.

Jerica J. Barber, 39, of Mix Place, Batavia, is charged with criminal tampering, criminal mischief, resisting arrest and endangering the welfare of a child. Barber allegedly committed the crimes of criminal tampering and criminal mischief (no details given) at 4:37 p.m., June 14. Barber allegedly resisted arrest in the presence of a child under age 17.

Eric John Betz, 31, of Genesee Street, Alden, is charged with disorderly conduct/obscene language/noise. Betz allegedly screamed obscenities during a domestic dispute in a public place at 440 Ellicott St., Batavia, at 9:34 p.m. on June 17.

Cheryle Jones, 32, of Batavia, is charged with driving while ability impaired by drugs and consuming alcohol in a motor vehicle. Jones was also charged under Leandra's Law with aggravated DWI. Jones was stopped by Ontario County Sheriff's deputies on Route 5 in Canandaigua for an alleged traffic violation. (Source)

Nicholas R. Graves, 18, of 7317 Griswold Road, Bergen, is charged with endangering the welfare of a child. Graves is accused of having sexual contact with a child under age 17 in the Village of Le Roy. Graves was arraigned and ordered to stay away from the victim.

Benjamin P. Hilton, 25, of 25 Bacon St.. Apt. E, Le Roy, is charged with criminal mischief, 4th. Hilton is accused of intentionally breaking the window of a business on Mill Street on Saturday.

Heather Ann Johnson, 41, of Calla Way, Cheektowaga, is charged with DWI, driving with a BAC of .08 or higher, inadequate lights, driving left of pavement markings in no passing zone and refusal to take breath test. Johnson was stopped at 11:53 p.m. Tuesday on Genesee Street, Darien, by Deputy Jason Saile.

Joseph Jonathan Kuzma, 34, of Byron Holley Road, Byron, is charged with petit larceny. Kuzma is accused of stealing money from his employer in Bergen.

Daniel S. Curry, 36, of Webster, is charged with unlawful possession of marijuana and driving while using mobile phone. Curry was stopped at 11:40 p.m. June 16 by State Police on Route 77, Darien.

Le Roy calls all manpower to fire hall due to flooding problems in the area

By Billie Owens

All available manpower is called to Le Roy's fire hall to with help local flooding issues. The underpass of Route 5 is completely unpassable. A flash flood watch is in effect throughout the county this evening.

UPDATE 6:52 p.m.: Fire Police are requested to Gilbert Street and Route 5.

UPDATE 7:08 p.m.: Power lines down from a residence on Church Street, Le Roy.  No arcing or sparking at this time.

UPDATE 7:11 p.m.: Bergen requested to stand by in its hall for flooding.

UPDATE 7:17 p.m.: Pavilion requested to stand by in Le Roy's hall.

Grand Jury indicts man for grand larceny of scrap metal, and woman on five DWI-related charges

By Billie Owens

John S. Dueppengiesser is indicted for grand larceny, 3rd, a Class D felony. It is alleged that in February on Big Tree Road in the Town of Pavilion he stole property with a value of more than $3,000. He is accused of stealing $5,229.55 in various parts and scrap metal.

Judith E. Peterson is indicted for driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 1 in the Town of Le Roy Peterson drove a 2007 Toyota on East Bethany - Le Roy Road while in an intoxicated condition. In count two, she is further accused of aggravated driving while intoxicated, per se, as a misdemeanor, for having a BAC or .18 or more at the time of the incident. In count three, Peterson is accused of driving while intoxicated, as a misdemeanor, for allegedly driving on Bernd Road in the Town of Le Roy on March 23. In count four, She is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time of the March 23 incident. In count five, Peterson is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 23 she knew or had reason to know that her license or privilege of operating a motor vehicle in New York, or her privilege of obtaining a driver's license, was suspended pending prosecution on Feb. 24. Furthermore, she was allegedly intoxicated at the time.

GCC announces Spring semester President's List honorees

By Billie Owens

 

Genesee Community College, including all seven campus locations in Batavia, Albion, Arcade, Dansville, Lima, Medina and Warsaw, proudly announces that the following students are among 484 students who were named to the President's List for the Spring 2014 semester. Students honored on the President's List have maintained full-time enrollment and earned a quality point index of 3.75 (roughly equivalent to an A) or better.

This year's Genesee Community College Spring 2014 President's List honorees, with their hometowns, are listed below:

Kathleen Kwasniewski of Alexander, NY (14005)

Karly Natalizia of Alexander, NY (14005)

Kyle Natalizia of Alexander, NY (14005)

Brittany Taylor of Alexander, NY (14005)

John Winiecki of Alexander, NY (14005)

Jenna Wozniak of Alexander, NY (14005)

Zachary Chiro of Basom, NY (14013)

Amanda Kent of Basom, NY (14013)

Kerry Mills of Basom, NY (14013)

Jessica Pfalzer of Basom, NY (14013)

Robert Barnard of Batavia, NY (14020)

John Bezon of Batavia, NY (14020)

Rachael Bish of Batavia, NY (14020)

Natalie Brown of Batavia, NY (14020)

Erika Bucci of Batavia, NY (14020)

Danielle Cannella of Batavia, NY (14020)

Lynette Celedonia of Batavia, NY (14020)

Ariel Corcoran of Batavia, NY (14020)

Richard DelPlato of Batavia, NY (14020)

Taylor Doty of Batavia, NY (14020)

Danielle Eddy of Batavia, NY (14020)

Cortney Edwards-Fenton of Batavia, NY (14020)

Sara Elliott of Batavia, NY (14020)

Ashley Elmore of Batavia, NY (14020)

Alec Engel of Batavia, NY (14020)

Daniel Fili of Batavia, NY (14020)

Maria Frieday of Batavia, NY (14020)

Chelsea Gerace of Batavia, NY (14020)

Bernadette Goodenbery of Batavia, NY (14020)

Kelly Goodheart of Batavia, NY (14020)

Joseph Hall of Batavia, NY (14020)

Virginia Henning of Batavia, NY (14020)

Sarah Hulburt-Emerson of Batavia, NY (14020)

Megan Jacques of Batavia, NY (14020)

Cathy Jacques of Batavia, NY (14020)

Lee Johnson of Batavia, NY (14020)

Michelle Kantz of Batavia, NY (14020)

Kimberly Kingsley of Batavia, NY (14020)

Nicole Kline of Batavia, NY (14020)

Sharon Knaudt of Batavia, NY (14020)

Michael Korczak of Batavia, NY (14020)

Janelle Marble of Batavia, NY (14020)

Tony Martyn of Batavia, NY (14020)

Koree McAllister of Batavia, NY (14020)

Macey McCulley of Batavia, NY (14020)

Rebecca Meloon of Batavia, NY (14020)

Jennifer Merle of Batavia, NY (14020)

Sydney Moag of Batavia, NY (14020)

Alexandra Mruczek of Batavia, NY (14020)

Brittney Okoniewski of Batavia, NY (14020)

Maryssa Peirick of Batavia, NY (14020)

Daniel Plath of Batavia, NY (14020)

Robynn Prichett of Batavia, NY (14020)

Andrea Pursel of Batavia, NY (14020)

Crystal Rindell of Batavia, NY (14020)

Kimberly Samuelson of Batavia, NY (14020)

Sarah Sanchez-Anderson of Batavia, NY (14020)

John Sherman of Batavia, NY (14020)

Brenda Smelski of Batavia, NY (14020)

Meghan Tiede of Batavia, NY (14020)

Michelle Williams of Batavia, NY (14020)

Rebecca Woodruff of Batavia, NY (14020)

Courtney Amesbury of Bergen, NY (14416)

Diana Bonilla of Bergen, NY (14416)

Gina Constable of Bergen, NY (14416)

Brandy Hare of Bergen, NY (14416)

Ellen Kirkpatrick of Bergen, NY (14416)

David Mackey of Bergen, NY (14416)

Brendan Murray of Bergen, NY (14416)

Kayla Curry of Byron, NY (14422)

Dawn Fooks of Byron, NY (14422)

Emily George of Byron, NY (14422)

Brandy Harmon of Byron, NY (14422)

Dakota Longhini of Byron, NY (14422)

Heather Balcerzak of Corfu, NY (14036)

Bryan Cox of Corfu, NY (14036)

Alexander Farley of Corfu, NY (14036)

Joelle Fugle of Corfu, NY (14036)

Ryan Graham of Corfu, NY (14036)

Jennie Lipinski of Corfu, NY (14036)

Sandra Buxton of Darien Center, NY (14040)

Christina Haniszewski of Darien Center, NY (14040)

Austin Heberlein of Darien Center, NY (14040)

Jillian Hutzler of Darien Center, NY (14040)

Jennifer McNutt of Darien Center, NY (14040)

Rachel Walker of Darien Center, NY (14040)

Nicole Draves of East Bethany, NY (14054)

Bianca Nolt of East Bethany, NY (14054)

Emily Pelton of East Bethany, NY (14054)

Travis Schmieder of East Bethany, NY (14054)

Alexander Uptegrove of East Bethany, NY (14054)

Jacqueline Joyce of East Pembroke, NY (14056)

Madison Dentino of Elba, NY (14058)

Melissa Engle of Elba, NY (14058)

Christopher Green of Elba, NY (14058)

Tabitha Moreland of Elba, NY (14058)

Ryan Vlack of Elba, NY (14058)

Jaime Arena of LeRoy, NY (14482)

Betsy Griffith of LeRoy, NY (14482)

Peter Hollands of LeRoy, NY (14482)

Kelsey LaVare of LeRoy, NY (14482)

Rebekah Miller of LeRoy, NY (14482)

Jessica Mortimer of LeRoy, NY (14482)

Shelbi O'Geen of LeRoy, NY (14482)

Erica Parker of LeRoy, NY (14482)

Samantha Platek of LeRoy, NY (14482)

Nicole Polisoto of LeRoy, NY (14482)

William Simmons of LeRoy, NY (14482)

Jordan Tillotson of LeRoy, NY (14482)

Hailey White of LeRoy, NY (14482)

Sarah Worley of LeRoy, NY (14482)

Jonathon Cassiano of Oakfield, NY (14125)

Jessica Cherry of Oakfield, NY (14125)

Trevor Dayka of Oakfield, NY (14125)

Stacy Martino of Oakfield, NY (14125)

Carrie Ohlson of Oakfield, NY (14125)

Cara Sceusa of Oakfield, NY (14125)

Kristie Scroger of Oakfield, NY (14125)

Alyse Shamp of Oakfield, NY (14125)

Katie Spence of Oakfield, NY (14125)

Arielle Thompson of Oakfield, NY (14125)

Mellisa Wells of Oakfield, NY (14125)

Richard Apley of Pavilion, NY (14525)

James Babcock of Pavilion, NY (14525)

Trevor Berkemeier of Pavilion, NY (14525)

Brian DeFisher of Pavilion, NY (14525)

Kaitlin Draper of Pavilion, NY (14525)

Charles Janes of Pavilion, NY (14525)

Marissa Kingsley of Pavilion, NY (14525)

Sean Love of Pavilion, NY (14525)

Cody NiCastro of Pavilion, NY (14525)

Johnathan Peritore of Pavilion, NY (14525)

Peter Sherman of Pavilion, NY (14525)

Jennifer Cone of Stafford, NY (14143)

Nicole Moody of Stafford, NY (14143)

Genesee Community College offers more than 60 academic programs and certificates including the new Associate in Applied Science degree in Food Processing Technology which helps meet the demands of the thriving food manufacturing industry in Western New York.

Genesee is accessible through seven campus locations throughout Western New York, as well as through its online learning program. College housing is available at College Village, just a three-minute walk from the Batavia Campus. With small class sizes, yet state-of-the-art technology both inside and out of the classroom, Genesee Community College is known for being "high-tech" and "high-touch."

Law and Order: Duo accused of stealing nearly $3K in goods from Walmart

By Howard B. Owens

Brenden Robert Jones, 29, of Oakbrier Court, Penfield, is charged with grand larceny, 4th, and criminal possession of a controlled substance, 7th. Jones is accused of stealing more than $2,800 in merchandise from Walmart. Jones alleged had a crack pipe in his possession at the time of his arrest. The investigation is continuing and more charges are possible. Jones was released under supervision of Genesee Justice. Also arrested and charged with grand larceny was Matthew David Marvin, 26, of Old Country Lane, Fairport. Marvin was jailed on $5,000 bail.

Witness Smith, 45, of Laurel Drive, Attica, is charged with endangering the welfare of a child. Smith allegedly left a child who was under his supervision unattended in a motor vehicle at 12:22 p.m, June 16, on Jackson Street, Batavia.

Gordon M. Yohe, 71, of Swamp Road, Byron, is charged with felony DWI, consumption of alcohol in a motor vehicle and refusal to take breath test. Yohe was arrested following a report at 2:38 p.m., June 10, of a suspicious person at a business on East Main Street, Batavia. Yohe was jailed on $2,500 bail.

Tyler J. Aina, 22, of Waterport Carlton Road, Albion, was arrested on a warrant for alleged failure to appear. Aina posted bail and was released.

Jeremy J. Smith, 19, of Loyalist Avenue, Rochester, is charged with criminal contempt, 2nd. Smith allegedly violated an order of protection by contacting a family he was ordered not to contact. Smith was jailed on $500 bail.

Kewa R. Buckman, 43, of Otis Street, Rochester, was arrested on a warrant related to an alleged parking on city streets between 2 a.m. and 6 a.m. Buckman was being held in the Monroe County Jail on an unrelated traffic charges. He was transferred to Batavia PD custody, posted cash bail and was released.

Pauline J. Hensel, 61, of Lewiston Road, Batavia, was arrested on a bench warrant and jailed on $750 bail.

Robert Mitchell Andersen, 44, of Sand Hill Road, Caledonia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration and driving without a license. Andersen was stopped at 5:06 p.m. Sunday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Beniluis Ruiz, 38, of Ellicott Street Road, Pavilion, is charged with criminal sexual act, 3rd, endangering the welfare of a child and unlawful dealing with a child. Ruiz allegedly sexually assaulted a person under age 17. He also allegedly provided alcohol to people under age 21.

Scott Macumber Castle, 52, of Vallance Road Le Roy, is charged with trespass. Castle allegedly trespassed at Byron-Bergen Central School. Castle was allegedly advised previously by school officials to stay off school grounds.

Smoke reported coming from an apartment on East Main Street, Le Roy

By Howard B. Owens

Le Roy fire is responding to a report of smoke coming from the second story apartment at 27 E. Main St.

A second call reports it may be coming from a grill.

Le Roy ambulance and Bergen fire also responding.

UPDATE 9:34 p.m.: Call downgraded to one engine from Le Roy only.

UPDATE 9:27 p.m.: Le Roy fire back in service.

Accident with injuries reported on West Main Street Road, Le Roy

By Howard B. Owens

A motor-vehicle accident with injuries is reported in the area 6852 W. Main Street Road, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 9:08 p.m.: Mercy EMS also responding. Route 5 is being closed to eastbound traffic at Bater Road.

Frost Ridge announces date change for John Michael Montgomery

By Howard B. Owens

Press release:

Due to logistical issues in moving this concert to the Genesee County Fairgrounds, this event has been rescheduled for Saturday, Oct. 11th, 2014. If you already have tickets, they are still valid.  

If you have already purchased camping, please come camp with us this weekend for FREE and come back during the weekend of Oct. 11th, 2014 to get the full Jam At The Ridge Experience. More details about the activities for this weekend will be posted on our Web site TheRidgeNY.com as well as our Facebook page.

Thank you to everyone who has helped us keep the music alive at The Ridge NY.

26th annual Oatka Festival

By Billie Owens

Join us for the 26th Annual Oatka Festival! It will be held from 10 a.m. to 6 p.m. on July 19-20 on the banks of the Oatka Creek in Le Roy.

  • Kick-off with the Parade: Saturday, July 19, at 11 a.m.
  • Wrap-up with the Duck Derby: Sunday, July 20, at  5 p.m.

Find us on Facebook and Twitter for updates! Or on the Web:

oatkafestival.org <http://oatkafestival.org>

Event Date and Time
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Melvin J. Wentland, of Le Roy, recognized by GCC for 23 years of dedication and loyalty

By Billie Owens

Genesee Community College Board of Trustees recognized 23 years of service and the unending support of Melvin J. Wentland, Ph.D, a long-term member of the College's governing body. Through the Resolution of Appreciation, official document #13/14-7, the Board reflected on Dr. Wentland's personal integrity, dedication and loyalty to the College.

Through the years since his appointment in 1991, he has served as vice chairman and chairman of the Board, and he served on numerous committees and was the board representative to the GCC Foundation Board of Directors. As an enthusiastic GCC supporter, he contributed to the College's growth and prosperity, never wavering in his concern for students and employees. He participated in numerous College events such as commencement and award ceremonies, athletic and community events.

He is the recipient of two New York Community College Trustee awards, the Marvin A. Rapp Award for Distinguished Service (2001) and in 2006 the prestigious Anne M. Bushnell Memorial Award for Special Achievement.

After reading the Resolution of Appreciation, Board of Trustee Chairman Maureen Torrey Marshall was the first out of her seat to lead a standing ovation on behalf of Wentland.

Wentland is a retired professor of Biology from St. John Fisher College in Rochester. He is active in the community, having served on the Pavilion Central School Board and the Genesee County Citizen's Solid Waste Advisory Committee. He is currently chairman of the Genesee County Planning Board. Wentland holds B.S. and M.S. degrees from Marquette University and a Ph.D. from the University of Wisconsin. He and his wife Dorothy live in Le Roy, and have four children.

Group of Le Roy residents upset with sale of old town dump to company for recycling facility

By Howard B. Owens

A year ago, Town of Le Roy officials took a look at 118 acres of land on its books and decided the town really had no short-term nor long-term use for it, so they decided to put it up for sale.

That decision came under fire from about five local residents at the town board's Thursday meeting.

The parcel is being sold to Zoladz Construction Co. for $95,000. Zoladz plans to open a facility to recycle municipal green waste and concrete from reconstruction projects.

Neighboring landowners are concerned about the noise, the dust and the possible pollution.

"We don't dispute your right to sell it," Thomas Ryan said. "It's who you sold it to."

Supervisor Steve Barbeau spoke at length about the history of the property and the decision to sell it. He said the sale was advertised in the Le Roy PennySaver and the Genesee Valley PennySaver and he wrote about it in his column for the Le Roy PennySaver.

In the end, only two potential buyers came forward: One offering about $40,000 and Zoladz.

The lower bid came from an outdoor club that would have used the property for hunting. 

Town Attorney Reid Whiting said the town tried to convince the club to increase its bid, but the club leadership said that just wasn't possible.

The board didn't act on Zoladz's offer right away. Instead, Barbeau took the issue to the Le Roy Business Council for advice and feedback.

Members there, he said, supported accepting the higher bid from the commercial business, getting the property back on the tax roles.

The board held another public meeting about the issue and then decided to accept Zoladz's purchase offer.

It's still not a done deal, Barbeau said, and even once the property is conveyed to Zoladz, the company must still seek DEC permits and get zoning approval.

While the property is in an industrial zone, the list of permitted uses in Le Roy's industrial zone doesn't include green waste and concrete recycling. The company will need a variance for such an operation, which must be approved by the Zoning Board of Appeals and the Town Board.

The parcel is located off Neid Road, just north of Gulf Road, in an area dominated by Hanson and Dolomite quarries. It's near the Lehigh Railroad derailment site, which Barbeau noted the town got an unrequested reminder about a couple of years ago.

Tom Dintruff and other neighbors raised concerns about possible pollution at the site.

At one time, the site was a quarry, then in the 1940s, it became a town dump. In 1979, a fire shut it down.

The fire burned for 10 days with various fire departments dumping water on it to try and control it, Dintruff said.

Dintruff said one local business owner advised against even trying to put the fire out, especially with water.

"You don't know what's in there," Dintruff said the man told town officials. "He wasn't saying it's a mystery. He was saying he knew what was in there."

The land has been unused and unoccupied since.

Ryan, Charlie Miller and Keith Maxwell raised concerns about truck traffic and noise.

Ryan said when he bought his land, it was with the belief that the old town dump would never be used again because of the environmental issues.

"I wouldn't have bought my place if I'd known there would be trucks running up and down my front yard," he said.

The roadway into the dump is just 55 feet from the front of his house.

He added, "Neid Road is already starting to crumble. There are no shoulders. I don't think it's set up for industrial traffic."

There was no resolution to the issue for the local residents last night and no promises were made by the board regarding future actions.

Le Roy PD asks for public's help to find wallet thief

By Billie Owens

Press release:

The Le Roy Police Department is asking for assistance in determining who stole a wallet from an elderly female while in a supermarket on West Main Street in Le Roy. The victim states that she was in the market between 3 and 3:45 p.m. on Thursday, June 12, when an unknown person stole her wallet from inside her purse while she was not looking.

The Le Roy Police is advising all citizens to be alert for this type of criminal behavior as it is not unusual for criminals to follow individuals around a store, then distract the attention of the victim intentionally or wait until the victim is distracted for other reasons, then reach into the purse and steal the wallet.

The Le Roy Police is asking that the citizens be alert to this type of behavior and call 9-1-1 immediately if you see this type of behavior happening to yourself or others.

Le Roy PD warns citizens about telephone scams

By Billie Owens

Press release:

The Le Roy Police Department is asking all citizens to be vigilant for scams over the telephone and/or computer. Recently two citizens received calls from persons pretending to be a “relative” from out of state who was in jail and needed money to get out. The caller asked the citizen to go to a nearby pharmacy to purchase a “green dot” card or other liquid transferrable funds and have the money sent to them for bail.

It is important for all to know that these callers are really unscrupulous and will steal as much money as you send to them up to and including your life savings if not stopped. Further, once you have been targeted the caller will continue to call you attempting to victimize you numerous times.

If you receive a suspicious phone call or e-mail, please contact the Le Roy Police Department or your local Police agency BEFORE SENDING ANY MONEY so we can assist you in determining if this is a scam.

Once the money has been sent, there is little to no chance of getting it back or determining/identifying the scammer.

Le Roy residents debate town board over Frost Ridge lawsuit

By Howard B. Owens

The Town of Le Roy Board had no choice but to pursue a lawsuit against one of its own local businesses, attorney Reid Whiting said Thursday night during a discussion with town residents of the Frost Ridge legal proceedings.

About 25 Frost Ridge supporters turned out to the board meeting and spoke up during a conversation that lasted at least 90 minutes.

There were no speakers supporting the board's lawsuit.

Frost Ridge is being sued by both the town and two neighboring residents over its very existence as a campground and its ability to hold outdoor music concerts.

The neighbors, David and Marny Cleere and Scott and Betsy Collins, have been pushing the town to enforce its zoning ordinance in regards to Frost Ridge, Whiting said. The two couples made it clear, Whiting said, the town would be sued if it failed to enforce its ordinances.

Such a failure, Whiting said, would embolden others to violate the zoning code and give the town little recourse for enforcement.

"If we ignored the violations, we would be found in dereliction of our duty and we would not be able to defend ourselves in other matters," Whiting said.

Later in the meeting, he said, "We did not act lightly. We did not act recklessly. We did not act without thought. We have a statutory duty to enforce the laws of Le Roy. If we do not, we are at risk. If we're at risk, you're all at risk."

The town board decided to sue Frost Ridge rather than defend its own Zoning Board of Appeals, which determined in 1978 and again 2013 that Frost Ridge was an existing, nonconforming use and permissible under the town's law.

Supervisor Steve Barbeau (second photo) said the ZBA overstepped its authority by making those determinations.

"The issue of whether something is grandfathered in or not grandfathered in is not their decision," Barbeau said. "If in the 1960s a record of music was played over the PA system so now that translates into Molly Hatchett coming in for a concert, if you believe that's the case, that's not something within the purview of the ZBA to rule on."

Both Whiting and Barbeau made the point that the town board was not criticizing the ZBA or arguing with the ZBA. The town did not sue the ZBA. Cleere/Collins sued the ZBA.

Whiting leaned heavily in more than one statement that the town's position obviously had merit because Judge Robert C. Noonan issued a temporary injunction against amplified music and alcohol sales at Frost Ridge.

"Judge Noonan takes precedent over anything the town board does," Whiting said.

When Eilleen Sherman Dries (top photo) said a code enforcement officer, who trained the town's current officer, told her Frost Ridge was a pre-existing nonconforming use, Whiting snapped, "The only thing that matters is what Noonan says."

At the hearing prior to Noonan's ruling, the ZBA was not represented. Whiting told Noonan during the hearing that the ZBA had been served notice that it was a defendant in the Cleere/Collins suit but chose not to be represented. That turned out not to be an accurate statement. Chairwoman Debbie Jackett has since said the board stands behind its determination that Frost Ridge is not violating existing town code.

The ZBA will be represented by its own attorney, paid for by the town, at further court proceedings.

Late in the meeting, Whiting said the town is just a secondary player in the legal proceedings, even though Noonan denied the Cleere/Collins side its own request for an injunction, granting just the town's request for an injunction.

If the other sides in the case were able to come to an agreement, Whiting said, he would not interfere with the agreement, but bring it back to the town board for consideration.

Coming to an agreement was the major request of just about every resident who spoke during the meeting.

"This is revenue we had and now it's going to Caledonia instead of Genesee County," said Lucie Ann Griffis (Disclosure, Griffis is a part-time sales rep for The Batavian). "This is revenue that not only the town needs, but the whole area needs. It's a shame the town board couldn't jump aboard on this and instead of saying what we can't do, saying what we can do.

"It's a shame what's being said about use, about the town not being friendly to business. I'm a lifer here. This is a travesty that we're losing this revenue based on the complaints of just a couple of people."

Carl (who refused to provide his last name) also complained about lost business.

"The town board should be out trying to promote the town and promote business and not take away a business because of some violation of code, because one or two complaints, and shut something down," Carl said. "The board should try and do some something to help them."

A couple sitting behind Carl said they were from Rochester and camp regularly at Frost Ridge, and have camped there since before the current ownership. They both said Le Roy has started to gain a bad reputation in Rochester because of situations like this.

Jennifer Keys also spoke in favor of finding some compromise that could save Frost Ridge.

"We cannot deny that Frost Ridge is a great source of revenue for our community," Keys said. "I would like to see it worked out so that the revenue stays here rather than going to Caledonia or Batavia."

Barbeau said the town has already tried to reach a compromise with Frost Ridge owners Greg and David Luetticke-Archbell, but at the 11th hour, the owners hired an attorney who withdrew their application for a special use permit for the campground.

"Once they conformed to that, then they could seek out a variance for concerts," Barbeau said. "There was no guarantee at all. It would have gone through the ZBA, then the planning board and then a public hearing and then the town board."

Keys responded, "I don't want to speak for the owners, but since they're not here, it's my understanding that county planning told them you can't do that, that their application (for a special use permit) wasn't valid because they didn't need it. They felt threatened and things blew up and here we are now. I would still hope something could be worked out."

Greg and David are out of town and not available for clarification, but The Batavian has previously spoke to sources who said Greg and David were advised by their attorney at the time that the special use permit was a trap. The issuance of a permit would negate prior rulings by the ZBA and end concerts at the Ridge.

Barbeau said he did try to find a compromise for Frost Ridge last summer and that he convinced Cleere/Collins to hold off on a suit during the 2013 concert season because shutting things down with contracts signed and deposits paid would have been economically devastating for Greg and David.

"I do bristle and I will continue to bristle when people say we didn't try as a town board to do anything to work things out," Barbeau said.

Barbeau said if Frost Ridge had continued with its application, he was confident it would have been approved by the board unanimously and then he was going to propose a town-wide zoning change that would have permitted concerts on any property three times a year -- Memorial Day, the Oatka Festival and July 4.

Frost Ridge hosts concerts at least nine times a year.

"They were gambling (when they withdrew their application) and they gambled wrong," Whiting said.

A man named Steve (who also refused to give his last name), made one last plea for resolution favorable to the town near the end of the discussion.

"This is a no-win situation," Steve said. "If you win the lawsuit, you lose all that revenue from all those people who come to Frost Ridge. "If you lose the lawsuit, you're going to owe the campground all that money, all the while costing me and the other residents a lot of money. You need to get in a room with everybody and work it out."

One audience member kept asking how the supporters could go about getting an item on the agenda at a future board meeting about the board reconsidering its position, and the answer was, there's a public comments section on every agenda.

"I want to know when we can ask you to represent the majority of the people in Le Roy instead of just two people," she said.

Two local students named to Spring semester President's List at SUNY Geneseo

By Billie Owens

The State University of New York at Geneseo has announced its President's List for the Spring semester 2014. To be on the list, a student must have achieved an A in all coursework (4.0 grade-point average) while taking at least 12 credit hours. On the list from this area are:

Michael Ramsey, of Elba

Michael Kovatch, of Le Roy

SUNY Geneseo is a public liberal arts college recognized nationally for excellence in undergraduate education and for its professional and master's level programs.

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