Le Roy

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Le Roy Main Street Revitalization hosted a village clean-up this afternoon with residents, including students, pitching in to pull weeds and pick up garbage.

Above, Carly, Contado and Jack pull weeds from a garden bed along Main Street.

Candy Bower and Jennifer Keys cleaning the brick alleyway off Main Street.

For more information about Le Roy Main Street Revitalization, visit the group's Facebook page.

Jordan Ray Smart, 22, of 6 Gibson St., Oakfield, is charged with driving while ability impaired by drugs. Smart was reportedly involved in a three-car accident on Main Street in Le Roy on Wednesday. Smart's car reportedly hit a parked car, which was pushed into another parked car. There were no injuries reported. Smart was arraigned and released under supervision of Genesee Justice.

Johnathon Bryce White, 21, of Reed Road, Churchville, is charged with criminal contempt. White allegedly violated an order of protection by riding in a vehicle with the protected party.

Kenneth Scott Lathrop, 27, of Tower Avenue, Syracuse, was arrested on a warrant for alleged failure to fine out of Town of Oakfield Court. The fine was related to a DWI charge. Lathrop was jailed on $500 bail.

Dwayne Andrew Pearsall, 23, of Washington Avenue, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Pearsall is accused of being in a domestic dispute that took place in front of his daughter. Pearsall was jailed on $2,000 bail.

Ralph E. Stevenson, 60, of Clinton Street, Bergen, is charged with confinement of companion animal in vehicle. Stevenson allegedly confined three small dogs to the interior of his car in 81- degree weather at Walmart. The internal temperature of the vehicle at 11:34 a.m., Monday, was 122 degrees on the dashboard and 116 degrees on the seats, based on measurements by a laser thermometer.

Kenneth L. Powell, 58, of Telephone Road, Le Roy, is charged with menacing, 2nd, and harassment, 2nd. Powell allegedly threatened a person with a knife and hit that person in the face with his fist. The alleged incident was reported April 30 on Ellicott Street.

Crystal J. Hough, 31, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Hough was arrested on a City Court bench warrant.

Shaqueita Lashaun Irvin, 22, of Hutchins Street, Batavia, was arrest on a bench warrant related to a petit larceny charge. The warrant was issued in Village of Corfu Court. Irvin was jailed on $5,000 bail. Irvin was also arrested on a warrant out of Town of Batavia Court for alleged trespass.

A 16-year-old resident of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. The youth allegedly possessed brass knuckles and marijuana.

Bryan David Dinelli, 41, of Churchill Street, Akron, is charged with aggravated harassment. Dinelli is accused of making unwanted phone calls for no legitimate purpose to another person.

There should be some fun times at the Smokin' Eagle in Le Roy tonight -- it's the annual Habitat for Humanity fundraiser, "Pour You A Drink."

All tips to the celebrity bartenders will benefit Habitat.

I'll be there, with Mayor Greg "Porp" Rogers, Bill Pitcher from the Ghost Riders, Joe "The Comedian" Condidorio and Rick Ellis, from the famed band Duke Jupiter. 

The fun starts at 6 p.m. and doesn't stop until 10 p.m.