Stories from

Voters approved the Oakfield-Alabama budget today, 226 to 70. 

There were three vacancies on the school board.

Results: 

• William Snyder, 217
• Bonnie Woodward, 213
• Tim Edgerton, 212
• Joel D'Alba, 195

National Grid crews had Jackson Street closed off late this afternoon for the installation of a new utility pole behind the old Bank of Genesee building. The pole is one of two put up today to replace one in Jackson Square. The old pole interferred with the third story reconstruction of the former Carr's warehouse. The old warehouse is being converted into apartment units.

Desiree Michele Hutchinson, 18, of Walnut Street, Batavia, was arrested on a warrant for alleged misapplication of property. Hutchinson allegedly failed to appear on the initial charge, which stems from an accusation that she pawned a tablet computer that she did not own or have the consent of the owner to pawn. 

Jennifer Lyn Stack, 28, of South Main Street, Batavia, was arrested on three warrants stemming from three separate petit larceny charges. Stack was arrested following a traffic stop by Deputy Joseph Corona and taken into custody on the warrants. Stack is accused of shoplifting Nov. 19.

Not wearing a seat belt while in a moving vehicle is always perilous to your health, but for the remainder of the month it will represent a little extra danger to your pocketbook.

The Sheriff's Office is participating in a nationwide effort over the next couple of weeks to more diligently enforce seat belt and child restraint laws.

Deputies routinely enforce these laws, Chief Deputy Gordon Dibble noted in a press release, but during this mobilization, there will be extra patrols on the streets and roadways specifically looking for seat belt violators.

The national program is called "Click It or Ticket."

The extra patrols will continue until June 1.

According to stats included in the press release, among motorists who were involved in a crash, those who were unrestrained were almost eight times more likely to require hospitalization. Unrestrained motorists are five times more likely to suffer traumatic brain injury. 

In 2011, 47 motorists in Genesee County who did not wear a seat belt were treated at a hospital for injuries. Those treatments resulted in $309,000 in emergency room charges.

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."

John M. Englerth, 43, of 6534 Main Road, Stafford, is charged with DWI and failure to submit to breath test. Englerth was stopped at 11:48 p.m. Friday on Bank Street in Le Roy by a village police officer. Englerth was allegedly observed driving without wearing a seat belt and allegedly failed to keep right.

Jordan R. Smart, 22, of 6 Gibson St., Oakfield, is charged with DWI and driving with a BAC. of .08 or greater. Smart was allegedly seen driving erratically and stopped at 1:39 a.m. Saturday on East Main Street, Le Roy, by a village police officer.

Justin Thomas Hemmer, 33, of South Main Street, Elba, is charged with criminal contempt, 2nd. Hemmer was jailed on $500 bail.

Aaron Mark Sechrist, 23, of Jackson Street, Batavia, is charged with petit larceny. Sechrist allegedly stole $26 in merchandise from Walmart.

Ajia Rae Hasenauer, 21, of Main Street, Le Roy, is charged with a violation of probation. Hasenauer was arrested following a traffic stop at 8 a.m. Friday on Main Street, Le Roy, by Deputy John Weis. Hasenauer is also accused of aggravated unlicensed operation, 3rd, unlicensed operator, failure to stop at a red light, failure to signal a right turn and no headlights during inclement weather.

Taylor Levi Finnin, 21, of Main Street, Le Roy, was arrested on a bench warrant for an alleged failure to pay a fine. Finnin was arrested following an appearance on an unrelated Family Court matter. Finnin was arraigned before Judge Robert C. Noonan and released on a promise to start making $50 per month payments.

Raymond James Radley, 48, of Main Street, Leicester, is charged with criminal contempt, 1st, and harassment, 2nd. Radley was arrested by deputies from Livingston County and turned over to the Genesee County Sheriff's Office on a warrant out of Town of Pavilion Court stemming from an alleged incident May 11 on Perry Road, Pavilion. Radley was jailed on $5,000 bail.

New York Times: AT&T to Buy DirecTV for $48.5 Billion in Move to Expand Clout

It was a gorgeous day in Genesee County today. As I was out and about for a bit this afternoon, I took a few pictures. 

Above, a tree in the parking lot of GCC.

On Bridge Road, Elba.

On Barrville Road, Elba.

Assemblyman Steve Hawley mowing his lawn on Bank Street Road, Batavia.

More than 950 students graduated today from Genesee Community College in a ceremony held before friends and family inside the GCC gym. State Senator George D. Maziarz delivered the commencement address. Norbert J. Fuest received the Alpha Medal of Service Award from the GCC Foundation. John C. Dwyer was awarded an Honorary Associate Degree. Degrees were presented to students who completed studies in August 2013, January 2014, May 2014 and August 2014.

After leaving the Vendor Blender at the fairgrounds, I found a group of local residents racing remote control cars on a dirt track nearby. Bob Markek, a racer and race organizer for KRZ Raceway and Hobbies, said this is the third year the group has been racing at the fairgrounds.

Merchants said today they were happy with the steady flow of visitors walking through the Vendor Blender at the Genesee County Fairgrounds today. The event was hosted by the Genesee County Agriculture Society.

Kathy Brown, left, of The Ray Station talks with customers about cast iron skillets.

Kelli Brian points out options in a catalog to Tom Brown.

The fish weren't biting on the Tonawanda Creek today, but that didn't stop a group of Batavia residents from having fun during an annual fishing derby organized by John Lawrence.

The water was high and swift, which made it hard to even get a nibble, but the anglers, young and older, stuck with it.

Above, Brian Mruczek with is son Lakoda.

Giana Mruczek.

Nick Grasso puts on a show like he's really hooked something big.

The Medina War Veterans sponsored a Gun Raffle and Spaghetti Dinner today to benefit Operation Injured Soldiers. The event was held at the Sacred Heart Social Center. 

Above, Chris Page, Peggy Johnson and Brittany Johnson contemplate which baskets to put their numbers in for the chance auction.

Veterans and guests at the VA Hospital were entertained this afternoon by The Manhatten Dolls, a group of singers from NYC who perform the great vocal harmonies and songs of the 1930s, '40s, '50s and '60s.

Ed Longhany points to the name Richard N. Longhany on the Genesee County War Memorial, which was dedicated today in an hour-long ceremony at St. Jerome's.

Richard Longhany was on a Navy vessal that was hit by two torpedeos from a German U-boat. Some of Longhany's shipmates were rescued, including one seaman who survived 17 days at sea in February weather. Richard Longhany was lost at sea.

There are dozens of such stories about the men and women from Genesee County who died in 20th Century wars, those whose names are on the War Memorial.

It was erected to replace the one that was formerly outside UMMC and it replicates the names and the wars that were on the original memorial.

The names are etched into a very special and rare kind of polished black granite that can only be found in one quarry in India. The granite has a polished black skin, but is white underneath the black, allowing a skinning process to make the names visible. It's the same kind of granite and the same process used on the Vietnam War Memorial. 

The mirror-like black granite will give visitors the opportunity to reflect on the lives of loved ones lost in service to their country.

Anita Dziekan brought a news stories and pictures of her brothers, Rosario A. Mocciaro and Santo Mocciario Jr., who died days apart in World War II. Rosario drowned after the PT boat he was on was torpedoed by the Japanese. Days after the telegram came informing the family of Rosario's death, another telegram came with news of Santo's death, who died in the Battle of Leyte. A third brother was wounded in North Africa during the war.

To purchase prints of photos, click here.

Two dozen players turned out to the YMCA today for Batavia's first-ever Pickleball Tournament.

Pickleball was created in Seattle in 1967 and now is the fastest-growing sport for people 50 and older, according to local pickleball "ambassador" Timothy Pickering (a former resident of San Diego who has moved with his wife to Batavia). 

Players use paddles to hit a plastic whiffleball-like ball over a net, something like tennis.

Pickering hosts regular games and clinics at the Y.

Chuck Northrup and John Bender won this first tournament.

Photos by Howard Owens.

Photo submitted by Timothy Pickering. Pictured, Ray Burke and Eric Robinson, third place; Chuck Northrup and John Bender, first place; Karen Spiotta and Jason Santere, second place. Pickering, tournament director, is kneeling. 

All of the entrants in the tournament. Photo submitted by Timothy Pickering.

It was a perfect morning for a plant sale at the Cornell Cooperative Extension on East Main Street, Batavia, with local master gardeners hosting the annual spring gala.

Alan Bieber and Heather Tower wait for a hot dog from Carol Schroeder.

Lucy Oltramari checks out a plant while her mother Laurie looks on.

Kara Tress shops for new plants.

A garden shed fire is reported at 7979 Batavia Stafford Townline Road, Stafford.

Stafford and Town of Batavia fire dispatched.

UPDATE 5:51 p.m.: The caller reports that there is about 50 gallons of gas inside the shed.

UPDATE 5:53 p.m.: There's no immediate exposure problem. There are other structures on the property but nothing extremely close.

UPDATE 5:55 p.m.: A Town of Batavia responder reports smoke visable from Bank Street. Another responder reports, "I've got a visual. She's going pretty good." A tanker from Elba is requested.

UPDATE 6:02 p.m.: Elba can respond non-emergency.

UPDATE 6:36 p.m.: Photo submitted by Karnenko Overs Barlog. Also, Mercy EMS requested to the scene to evaluate a firefighter.

Press release:

In a letter to Monroe County Legislator Justin Wilcox, Seneca Nation President Barry Snyder Sr. announced that the Seneca Nation will no longer pursue the siting of a casino development project in Henrietta or Monroe County at this time. Subsequently, representatives of Western Region Off-Track Betting Corporation expressed appreciation to the people of the region for voicing their opposition to the proposal.

In the letter to Wilcox, Snyder stated, “We will not engage in the demanding and complex process required to get a casino approved pursuant to the laws and regulations governing Indian gaming without the support of the local community and New York State.”

To date, 17 towns and 11 counties, as well as the 19-member Inter-County Association of Western New York, have taken formal action opposing the expansion of casino gaming in Henrietta and Monroe County. In addition, 15 members of the State Legislature from across Western and Central New York have publicly expresses their opposition to the proposed expansion of casino gaming in the region. Governor Andrew Cuomo has stated that public support is critical when weighing the decision to expand casino gaming in the state. 

“From businesses, church groups, civic organizations, and everyday people from across the region to state leaders and local municipalities, the opposition to a casino in Monroe County has been overwhelming,” said Michael P. Nolan, executive vice president/COO of WROTB. “Clearly the Seneca Nation has heard the will of the people and responded accordingly.”

While acknowledging the Seneca Nation’s cessation of its efforts to expand casino gaming in Monroe County at this time, Nolan understands that the Senecas could reinitiate their efforts at a later date.

“If in the future the Seneca Nation should move forward with a proposal to expand casino gaming in Monroe County, we will once again emphatically oppose such a plan,” Nolan said. “The people of Monroe County recognize the fact that a Seneca-owned casino would adversely impact the local community and give the Seneca Nation a competitive advantage that will be damaging to businesses, both large and small, across the region. That is something that the people of this community are unwilling to accept, and they resoundingly made that point.”

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. WROTB owns and operates 29 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western OTB has generated more than $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.