Le Roy

Frost Ridge Campground is on the brink of insolvency, the attorney for Greg and David Luetticke-Archbell told Judge Robert C. Noonan during a court hearing today.

He's seeking at least temporary relief from the ban on live shows at the campground in Le Roy.

Today's hearing was held so attorney Mindy Zoghlin, representing the people suing Frost Ridge over live music shows at the campground, could make a motion to re-argue one of the issues under consideration by Noonan.

Attorney David Roach, representing Frost Ridge, would have liked today's appearance to have been a hearing on his motion to dismiss the lawsuits against his clients.

Roach was hoping there would be testimony today on when the Zoning Board of Appeals filed minutes from its September 2013 meeting where it determined Frost Ridge was in compliance with Town of Le Roy zoning law.

Roach tried to make the case during the hearing that Noonan needs to revisit sooner rather than later his temporary order barring live music and alcohol service at Frost Ridge.

Noonan wanted the attorneys to focus on coming up with a time for a hearing on the ZBA filing.

After attorneys met privately and then met with Noonan in his chambers, it was determined that the hearing will be at 9 a.m., Aug. 21.

In the meantime, Noonan agreed to let Roach draft an order that would temporarily lift the temporary restraining order and allow Frost Ridge to hold a live music concert Aug. 9.

That's the date Blackberry Smoke, one of the more popular acts to perform at Frost Ridge each year, is scheduled to return.

In open court, Zoghlin tried to suggest to Noonan that allowing any shows prior to resolution of the ZBA filing status isn't necessary because Noonan has already ordered that if Frost Ridge prevails in the lawsuit, they are entitled to nearly a quarter of a million dollars in restitution.

Of course, even a quarter of a million dollars somewhere down the road won't necessarily help a shuttered business reopen, which is why Roach is pushing for some mechanism to allow the bands to play on.

"The reality they are not facing is where the preliminary injunction effectuates the relief the town is seeking and (in previous cases) courts are loathe to allow preliminary injunctions to provide ultimate relief," Roach said during the hearing.

The big hold up in the case is getting either the ZBA's clerk or the town's code enforcement officer, or both, to testify as to a general time frame of when minutes from the ZBA's meeting in September 2013 were filed.

The town clerk has provided an affidavit attesting to the fact that the minutes were filed, she just couldn't remember when.

If the filing date is proven to be any time before April 8 (even if the exact date is not established), then Roach's motion to dismiss the lawsuits filed by the Town of Le Roy and the Cleere and Collins families could potentially be granted by Noonan.

Under New York law, people who wish to challenge a board's decision have 30 days to file such a challenge. The clock starts ticking when a written, public document memorializing the decision is filed with the jurisdiction's clerk.

Noonan ordered more than two weeks ago that a hearing on the ZBA minutes should be held immediately.

The hearing still hasn't taken place, in part because Noonan's court has been busy, which Noonan admitted, but Noonan also laid much of the blame on the shoulders of the attorneys for not agreeing on a time.

Roach expressed a great deal of confidence that either the town clerk, the ZBA clerk or the code enforcement officer for the Town of Le Roy, should be able to testify that the minutes were filed well before April 8, and probably in 2013.

The threat of losing that motion is apparently what prompted Zoghlin's motion today to invalidate the ZBA's determination favoring Frost Ridge all together.

Zoghlin's motion is for a "jurisdictional defect." In essence, she's arguing that because there is no formal document memorializing the ZBA's decision, and no formal process that Frost Ridge followed requesting a ZBA ruling, the ZBA had no authority to make its determination.

Roach said there's no written law and no case law that support's Zoghlin's position, also for a motion to re-argue a point from a previous hearing to be successful, the point must have been argued in the first place. Roach said that since Zoghlin (and she disagrees with Roach on this) didn't raise the "jurisdictional defect" argument the first time around, she doesn't get to re-argue it now.

"If the court did not have that jurisdictional defect argument advanced before it in response to my motion to dismiss, there's nothing for the court to have overlooked or misapprehended," Roach said. "The court of appeals has ruled that you cannot bring a new argument to a motion to re-argue."

If Noonan grants the order being drafted by Roach to allow live music at Frost Ridge between now and the hearing on the motion to dismiss the lawsuits, Roach said there will be reasonable restrictions attached. For example, there would be a limit on the decibel levels of the show.

"Frost Ridge, and I want to make this perfectly clear, Frost Ridge did not and does not presently have any intent of causing an unreasonable noise disturbance to its neighbors," Roach said.

Press release:

New York State Comptroller Thomas P. DiNapoli today announced the arrest of Dennis Snow, the treasurer of the Le Roy Fire Department in Genesee County. Snow was charged with two counts of grand larceny in the third degree (class D felony), 42 counts of forgery in the first degree (class C felony) and two counts of falsifying business records in the first degree (class E felony) for allegedly stealing nearly $50,000 in public funds.

“This individual blatantly abused his position and went on a spending spree with public money,” DiNapoli said. “It is alarming that my office continues to uncover instances such as this where local officials misuse their office for their personal benefit. I commend the village of Le Roy Police Department and District Attorney (Lawrence) Friedman for working closely with my staff to make sure this individual is held accountable for his actions.”

DiNapoli’s office found that Snow allegedly made unauthorized transfers, withdrawals and deposits from the department’s account, as well as from the firemen's benevolent association. Snow used the money to pay his personal bills and admitted that he forged the required co-signers signatures in order to complete his theft. The audit is expected to be finalized in the next month. Snow is due back in court on Aug. 13.

Dennis C. Bump, 33, of Stannard Road, Alexander, is charged with grand larceny, 3rd. Bump is accused of stealing from his employer at various locations in Batavia. Bump was released under supervision of Genesee Justice.

Ann M. Capuano, 29, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear. The underlying charges for her court appearance in this case were not released by police. She had been issued an appearance ticket on a previous matter. Capuano was released on $100 cash bail.

Desmond L. Majors, 21, of Walden Creek Drive, Batavia, is charged with two counts of harassment, 2nd, and disorderly conduct. Majors allegedly struck another person and yelled obscenities in a public place.

Kenisha A. Thomas, 16, of Dellinger Avenue, Batavia, is charged with assault, 3rd. Thomas is accused of assaulting another person while in Austin Park at 3:10 p.m., Sunday.

Daniel Robert Ruffner, 28, of Telephone Road, Pavilion, is charged with harassment, 2nd. Ruffner is accused of being the primary aggressor in a fight with another person.

Laurie J. Lerkins, 37, of Le Roy, is charged with driving while impaired by drugs and unlawful possession of marijuana. Lerkins was reportedly involved in a two-car accident on Route 98, Town of Java. Lerkins allegedly failed to maintain her lane and struck a vehicle driven by Rodney L. Gleason, 53, of North Chili. Upon subsequent investigation by state troopers, Lerkins was allegedly found to be under the influence of drugs. She was issued traffic tickets for failure to keep right, aggravated unlicensed operation, unlicensed operation and failure to notify DMV of a change of address.

Also, a Grand Jury indictment:

Cassandra R. Blake is indicted on one count of grand larceny, 4th. Blake is accused of stealing 245 lottery tickets with a face value of $1,028, along with payouts from those tickets and other cash, from the Yellow Goose store in Pavilion on or about June 21 and 22.

There is apparently a power outage in Le Roy. We have no information at the moment regarding the extent of the outage.

There's also flooding on Route 5 by the Le Roy Country Club.

A Le Roy fire chief has requested fire police to the intersection of routes 5 and 19.

UPDATE 9:32 a.m.: Power is out for 2,300 National Grid customers centered around Le Roy. The outage area stretches from Route 19 to Bergen.

Also, the Thruway is being closed because of flooding between Le Roy and Henrietta. Le Roy has been told to expect extra traffic coming through the village.

UPDATE 9:43 a.m.: Stafford recreation is cancelled today due to weather.

UPDATE 10:27 a.m.: The power outage has been reduced to 645 customers in the Village of Le Roy. National Grid estimates power will be restored by 12:45 p.m.

Guitarists tend to have dream guitars -- a Gibson Les Paul, a Fender Stratocaster, a Guild Starfire, a Martin D-28 ... all expensive guitars.

And these days, often machine made.

What if there was a guitar available locally that was handmade and affordable?

That's the market Dave Watson is going after with Watson Guitars.

Watson has been making custom guitars for more than 20 years and started selling his handcrafted creations in 2009.

This week, he finally was able to open a storefront where he can sell guitars he's finished or take orders for custom guitars (soon, he'll have a new Web site that will allow customers to order custom guitars).

"A lot of your handmade guitars are three, four, five thousand dollar instruments, which, you know, I've made a few that are up in that price range, but for the most part, I try to keep my basic models affordable," Watson said. "My basic models start at $399. If you can find a better guitar for $399, buy it."

Once a professional musician, Watson found that it was hard to find bass guitars really suitable to his size. Bass players tend to be tall and lanky. Watson's under six feet tall, so he wasn't entirely comfortable with an off-the-shelf model.

He decided to build his own bass.

He found he really liked working with wood.

"It's in my blood, just as much as playing," Watson said.

After suffering some hearing loss, Watson had to step off the stage and away from bands, but he couldn't stop making guitars.

He figures he's made and sold hundreds of guitars.

Each one handmade, unique.

"I always put it this way: It's the imperfections that make a guitar perfect," Watson said.

He thinks something has been lost for the discriminating guitar player with the market flooded by cookie-cutter guitars, sliced and sanded to identical specifications by computer-controlled machines.

"There isn't a personal touch," Watson said. "As far as I'm concerned, there isn't a guitar made today that will ever be as valuable as a '59 Les Paul, because someone made that guitar with their own two hands."

The typical Watson guitar has his signature look -- both the headstock and bottom of the guitar are cut out with a kind of W shape.

Watson's target market is the local musician -- the player with an ear tuned enough to recognize a quality sound, fingers sensitive enough to pick up the response of quality material and an eye for beauty, but who can't afford to lay down thousands on a guitar.

"There's a big difference between the sound of a machine-made and a handmade guitar," Watson said.

Watson's shop is at 57 Mill St., Le Roy, and he had to get a zoning code variance to open the front up as a retail shop, but with that done and the space spiffed up, he's ready to meet with players who either want to select something hanging from his walls or sit down and design the guitar of their dreams.

"As long as it's not a copy of something, we try to build their design the way they've always wanted it," Watson said.

Customization can include airbrush designs by a local artist and fiber-lighted top dots on the fretboard.

An investigation into an alleged assault which occurred in January 2013 resulted in the arrest Wednesday of a 29-year-old Le Roy native living in the City of Rochester. Kenneth G. Smith III, of 911 Lake Ave., was arrested by the Le Roy Police Department on July 23 and charged on two counts: criminal possession of a weapon, 3rd, a Class-D felony; and first-degree assault, a Class-B felony.

It is alleged that on Jan. 10, 2013, Smith was involved in an altercation in an apartment on Main Street in the Village of Le Roy. Smith allegedly possessed a dangerous instrument in the form of a glass item with intent to use it against another (while having a prior criminal conviction). He then allegedly used it to strike the victim numerous times about the face causing permanent facial disfigurement/scarring. Smith was arraigned in Le Roy Town Court and released under supervision of the Genesee Justice.

Michael J. Stack Jr., 37, of 7450 Randall Road, Le Roy was also arrested by the Le Roy Police Department on Wednesday. He is charged with two counts of first-degree criminal sexual act, a Class-B felony.

It is alleged that yesterday, while in an apartment on East Main Street in the Village of Le Roy, Stack engaged in oral sexual contact with the victim while the victim was incapable of consent by the reason of being physically helpless and by forcible compulsion.

The charges stem from an allegation by the victim that the victim was sleeping and awoke to Stack kneeling over the victim having oral sexual contact with the victim.

Stack was jailed in lieu of $5,000 bail.

Kyle Brian Sovocool, 22, of Myrtle Street, Le Roy, is charged with trespass. Sovocool allegedly drove a vehicle on property owned by Rochester Southern Railroad in the area of Circular Hill Road in the Town of Le Roy. Also charged with Brandon John Richard Vangrol, 19, of Quinlin Road, Le Roy, and Ronald Baltasar Gonzalez, 29, of Spencer Court, Batavia.

Jennifer P. Hepp, 31, of Clinton Street, Cowlesville, is charged with felony DWI/drugs, DWI under Leandra's Law, aggravated unauthorized operation, 1st, endangering the welfare of a child, driving without an interlock device. Hepp was stopped at 2:32 p.m. July 15 after a report of an erratic driver on West Main Street, Batavia. Two children were allegedly in the car at the time of the stop by Officer Felicia DeGroot.

Dakota J. Kamysek, 22, no permanent address, is charged with petit larceny. Kamysek allegedly stole two mobile phone chargers from Hess Express. Kamysek was jailed on $1,500 bail or $3,000 bond.

Brandon Weig, 26, of Livingston Street, Warsaw, is charged with criminal contempt, 2nd. Weig turned himself in on a warrant and was jailed on $1,000 bail.

James P. Coles, 35, of Alexander, is charged with grand larceny, 3rd, and offering a false instrument for filing. Coles was arrested by State Police. No further details released.

Zachary T. Ford, 18, of East Main Street, Le Roy, is charged with criminal mischief, 3rd, obstructing governmental administration and unlawful possession of marijuana. Ford was arrested by Le Roy PD after a report of an intoxicated male attempting to unlawfully enter a residence on East Main Street early in the morning. When officers attempted to take the suspect into custody, Ford allegedly kicked and tried to spit on the officers. Ford allegedly caused damage in excess of $250 value to a patrol vehicle. Ford was jailed on $2,000 bail or $5,000 bond.

A case of calf rustling has hit Le Roy and Western Monroe County.

A farmer is out 14 black and white bull calves along with a Dewalt generator, Dewalt saw, and Napa battery charger. A nearby farm is also missing a milk replacer and hay.

Sheriff's Office investigators suspect the thefts are related and that the people responsible for the calf thefts are raising the animals but not bringing them to auction.

The thefts occurred within the last week or so and a witness describes one of the suspects as a larger white male with either a bald head or very short hair and another suspect as a white female.

The suspect vehicle is a dark-colored minivan, possibly burgundy, with tinted windows.

Anyone with information are asked to contact Investigator Timothy Weis at (585) 345-3000, ext. 3572.

Nominees are being sought for Le Royan of the Year.

Le Roy American Legion Post 576 is asking that each club, church, society, organization or individual submit a nominee to be considered as the 2014 Le Royan of the Year Award. Applications are available at the local banks and at the Legion Post.

Replies are due by Aug. 19th.

The award recognizes people who demonstrate the following qualities:

• A man or woman who exemplifies the true spirit of Americanism, its ideals, love of flag and country, regardless of race, color or creed;
• Good citizenship by carrying out these principles, often beyond what is expected;
• Service to the community signified by excellence in life of purpose and accomplishments.

Mail applications to American Legion Post 576

Attn:  Catherine Stone
53 West Main St.
Le Roy, NY 14482

Chapter 193 of the Vietnam Veterans of America sponsored the 25th annual Duck Derby in Le Roy today, with an assist from the Le Roy Volunteer Fire Department.

Luke Gottsi won. Rich Noble, second, and Jerry Castantino, third.

A car versus tractor-trailer accident, unknown injuries, is reported on the westbound Thruway at mile marker 379.4. That's in the area of the Route 19 overpass. Le Roy fire and ambulance responding.

UPDATE 6:13 p.m.: A female victim needs to be extricated.

UPDATE 6:39 p.m.: Byron fire also responded and was put back in service by Le Roy command at 6:28 p.m. State Troopers remain on scene. Le Roy is back in service. Didn't hear the outcome of the patients.

UPDATE 6:35 p.m.: Le Roy ambulance is transporting a 33-year-old female to UMMC who complains of left side body pain.

After 30 years of coaching Le Roy High School football, Andrew Paladino is retiring at the end of the 2014 season.

Paladino was defensive coordinator under Head Coach Brian Moran for 25 years. This season will also be Moran's last, and he and Moran always said they would retire together.

"Also, it's time to go," Paladino said during a party in his honor at the shop of Bill Fox. "We've got three former players on staff now. We're leaving them in good hands. Brian Herdlein is a very capable coach. He'll do fine."

Paladino's Le Roy football career started as a player with junior varsity in 1970. In his junior year, as the only junior on the team, he was the starting center and made the All County Team. The following year he slimmed down and started at full back and line backer and was named to the All Rochester Team, the All State First Team, and was named a Prep All American.

Rather than go to college, Paladino decided to get married, take a job and stay in Le Roy.

His coaching career started a couple of years later when he became a youth football coach (as a kid he couldn't play youth football, he said, because he was too fat).

During the Moran/Paladino years, the Oatkan Knights won a state championship (1995) and more than a dozen sectional titles. 

At the party Saturday was Paladino's high school coach, Don Santini, who joined Paladino for a cigar. Paladino said, "This is the man who started it all right here."

Photo: Santini, Paladino and Ron Plummer.

Big crowd and lots of great community spirit were on display Saturday during the annual Oatka Festival Parade, followed by fun and games at the festival in Trigon Park.

The biggest cheers of the parade went up when the Class of 1984 came through and the announcers said among the things the class supports is saving Frost Ridge, and then again when the Save Frost Ridge group itself came through the parade (above).

To purchase prints, click here.

Taken this afternoon: Trees and barns at the end of a sweet cornfield on South Street Road, Le Roy.

Press release:

The New York State Department of Transportation (NYSDOT) announced today that work on a project to resurface Route 5 from the west Le Roy Village line to the Livingston County line in the village and Town of Le Roy, Genesee County, is slated to begin on Monday, July 21, weather permitting.

The schedule calls for removal of pavement markings and site preparation along the five-mile corridor, the week of July 21. The paving work, which will consist of a micro-surfacing treatment, followed by replacement of permanent pavement markings, will begin the week of July 28. No changes will be made to the pavements markings. It is anticipated the project will take about three weeks.

In the area east of the village, traffic will be reduced to a single alternating travel pattern controlled by flaggers. In the village area, traffic will be reduced to one lane in each direction. Street parking in the business district will be prohibited during the paving operations.

Motorists should expect delays and allow plenty of extra travel time to safely travel through the highway work zone.

Access to all residential and commercial driveways will be maintained throughout the duration of the project.

The general contractor for this project is Suit Kote of Cortland, Cortland County.

Nathan L. Royse, 22, of Ross Street, Batavia, is charged with burglary, 1st, criminal mischief, 4th, assault, 2nd, and endangering the welfare of a child. Royse allegedly entered a residence on Wood Street at 10:10 p.m. July 9 with two or three other assailants and assaulted the residents and damaged property. A snow shovel was allegedly used as a weapon. Two people were injured. A child was allegedly present during the assault. Royse turned himself in on the charges.

Samantha Laura Kopacz, 18, of Geise Road, Attica, and a 17-year-old resident of Bailey Street, Cowlesville, are charged with criminal tampering, 3rd. The duo are accused vandalizing Alexander School by writing on numerous windows and doors with window paint and spreading a substantial amount of paper throughout the grounds. 

Christina A. Deluna, 34, of Batavia, is charged with aggravated unlicensed operation. Deluna was was stopped at 12:43 p.m. Tuesday on West Middlebury Road, Town of Middlebury, by a Wyoming County deputy. Deluna was allegedly driving on a suspended license due to a lapse in insurance coverage.

Rachell O. Soggs, 26, of Bank Street, Batavia, is charged with petit larceny. Soggs is accused of stealing a pair of socks from Dollar General.

Troy D. Schimley, 21, of Sandpit Road, Alexander, was arrested on a warrant for alleged failure to appear on a pair of 2 to 6 a.m. parking tickets. Schimley was released on cash bail.

Kelly J. Rhim, 35, of Liberty Street, Batavia, is charged with petit larceny. Rhim is accused of shoplifting from Tops Market.

Juan Antonio Roman Jr., 36, of Portland Avenue, Rochester, is charged with three counts of criminal contempt, 2nd. Roman was allegedly found at the residence of a protected party.

Matthew P. Lenhard, 28, of Corfu, is charged with burglary, 3rd. Lenhard was arrested by State Police for an alleged burglary reported at 2:30 p.m. on March 24. No further details released.

Erica M. Raphael, 29, of Batavia, is charged with petit larceny. Raphael is accused of shoplifting from Kmart.

Roger E. Godfrey, 66, of Le Roy, is charged with unlawful growing of cannabis. Godfrey was arrested on Harris Road on July 11 by State Police. No further details released.

Kavin M. Lampman, 41, of Batavia, is charged with DWI. Lampman was stopped 9:12 p.m. Saturday on Alleghany Road, Indian Falls, by State Police.

Jason M. Thomason, 32, of Wheatfield, is charged with DWI. Thomason was stopped at 11:50 p.m. Saturday on Route 77, Darien, by State Police.

Le Roy Rotary today hosted its District Governor Jack Amico. He praised the Le Roy Club for all its past successes and urged members to do more to spread the word about all Rotary does. The theme for Rotary this year is "Light Up Rotary." It's time, Amico said, for Rotary to set aside a little humility and starting using the media, social media and word of mouth to better education the public about Rotary's work and service to their communities.