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Photos: A spring evening in Genesee County

By Howard B. Owens

After the Genesee County Economic Development Center meeting yesterday evening, I had two choices: Go home and write some stories that I gathered information on during the day, or take advantage of a great spring day and drive around and take some pictures.

I chose pictures taking. I would have time, I reasoned, to write later in the evening.

Near the end of my loop through Le Roy, Pavilion, Bethany and Batavia, I stopped by a friend's house for a chat. Near the end of my visit, Billie called and told me about the teen in the gorge at Indian Falls.

So rather, than writing my stories last night and posting these pictures last night, I spent four hours on the Indian Falls story. 

Here's the photos from yesterday evening and those stories I need to write are coming.

The barn above is on Main Road in Stafford. Two more shots of it below.

Route 19, Town of Le Roy.

Cook Road and Route 20, Pavilion.

Transit Road and Ellicott Street Road, Bethany.

Le Roy American Legion honors WW II vets

By Howard B. Owens

Photo and press release submitted by Jerry Diskin:

On Sunday, April 21st, the Botts-Fiorito American Legion Post # 576 hosted a remembrance ceremony honoring all veterans of World War II. The program began at 1 p.m. at the Post's home on West Main Street in the Village of Le Roy with opening remarks by Past Commander Gary Gavenda welcoming all honored guests, family members and friends.

An invocation was delivered by Genesee County Chaplain Don Nagle followed by the POW-MIA Ceremony remembering all POWs (Prisoners of War) and MIAs (Missing in Action) from all wars. This was followed by a welcome address by Botts-Fiorito Commander Donald Schafer.  

An introduction of distinguished guests included representatives from the offices of: Congressman Christopher Collins; Senator Michael H. Ranzenhofer (Jay Grasso); Assemblyman Steve Hawley (Greg Torrey); the Genesee County Legislature (Legislator Shelley Stein -- District #6); and Genesee County Veterans Service Officer William Joyce.

The New York State Department and American Legion Commander Timothy S. Van Patten were also on hand along with 8th District Vice Commander John Lang and Genesee County American Legion Commander Dave Henry.

The main portion of the program was opened by remarks and a brief overview by Dick Ladd, whose idea to hold such an event fostered this program. Dick addressed the “Special Guests of Honor” and set the stage for the remainder of the event. 

Post Adjutant Don Vescovi then read off the roll call of the World War II veterans in attendance. We were very pleased and felt fortunate to have 23 WW II veterans in attendance. Veterans from Batavia, Pavilion, Stafford and Bergen along with Le Roy made up this distinguished contingent. 

A short presentation was given by “Honor Flight-Rochester” outlining the details for WW II veterans to travel to Washington, D.C, to visit the WWII memorials and other attractions. This was followed by a social hour.

The group then reconvened for the presentation of acknowledgements including proclamations from the offices of the distinguished guests.

The closing ceremony included a ”Remembrance of those no longer with us…” by Post Chaplain Gary Bassett followed by a very moving playing of “Taps” by Samantha Platek. All joined in to the “Salute to the Colors,” which was followed by the singing of “God Bless America."

Back row: Franklin Smith, Donald I. Miller, Donald Nagle, Jack Fay, New York State Commander Nick Pascucci, Dick Ladd, Albert Strobel, Sherman Booten, Timothy S. VanPatten.

Front row: Richard Doktar, Raymond Mancuso, Oliver Cooper, Pat Palotti, Carl Seaburg, Kermit Arrington, Louis Cinquino.

Law and Order: Driver involved in injury accident accused of being under influence of drugs

By Howard B. Owens

Joshua Joseph Gerber, 19, of Milliner Street, Rochester, is charged with driving while impaired by drugs, unlawful possession of marijuana and failure to yield right of way at stop sign. Gerber was charged following a two-car injury accident at 12:32 p.m., Sunday, at the intersection of Randall Road and Keeney Road, Le Roy. (Initial Report)

Nefetiria L. Turner, 30, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Laqueasha M. Taylor, 19, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Turner and Taylor were allegedly involved in a fight near the intersection of Pringle Avenue and Central Avenue at 6 p.m., Friday.

Le Roy teen faces felony drug charge for allegedly supplying marijuana to another student

By Howard B. Owens

A 17-year-old Le Roy resident is facing a felony drug-dealing charge after allegedly giving a high school student marijuana.

The student was later hospitalized when found "highly impaired" on the grounds of the high school April 15.

Charged with a Class D felony of Criminal Sale of Marijuana is Austin J. Nicometo of 45 North Street, Le Roy.

Under NYS law, giving another person drugs, even if no money changes hands, is considered a sale.

Nicometo is suspected of supplying the other youth with marijuana at a location in the village after school let out that day, and then the teen returned to the school for after-school activities.

Following arraignment, Nicometo was released under supervision of Genesee Justice.

Le Roy PD needs help to identify dog that bit child

By Howard B. Owens

A 5-year-old child was playing ball in the playground at the end of Stanley Place at 5:15 p.m., Sunday, and got too close to a dog and was bit, according to Le Roy PD.

In the confusion following the incident, the child's mother left and took the 5-year-old to the doctor but did not obtain the name of the dog's owner.

The owner reportedly said the dog was up-to-date with all of its shots, but police would still like to identify the animal and ensure that is the case.

The dog is described as a German shepherd mix and weighs approximately 80 pounds. It is tan with a black snout, with the body of a German shepherd but the head of a chow chow. The people with the dog were a blond woman with braces and in her mid-20s, a 4-year-old boy along with a woman about 5'6" and in her 30s. They were in the park with a red metal wagon.

From the press release:

We are seeking assistance with identification as it is vital to determine proof of rabies immunization with the animal. Without this, it may be necessary to subject the bitten child to a series of injections relative to potential rabies contact. If you know who this is, or recognize yourself, please call either Tom Sacco at the Genesee County Health Department at 344-2550, ext. 5496, or the on-duty Le Roy Police officer at 345-6350 so that we may obtain the necessary information relative to rabies vaccination of the dog.

Le Roy PD thanks residents for dropping off unwanted prescription medications

By Howard B. Owens

Press release:

The Le Roy Police Department in conjunction with the Federal Drug Enforcement Agency wish to thank all the citizens that participated in the National Drug Drop Off Program which occurred Saturday 4/27/13 at the Le Roy Police Department and all those who dropped off medications throughout the past six months.

The Le Roy Police Department delivered 186 pounds of excess medications and 31 pounds of needles to the Federal DEA for incineration.

This program keeps these medications and needles out of the hands of our children, out of our landfills and out of our water system.

Again the Le Roy Police Department reminds citizens both in and around the Village of Le Roy that the Le Roy Police Department does accept excess medications at the Police Department any day; please ask to speak with the Officer on Duty. Needles are only accepted on the two specific dates each year set for the drug drop off and future dates will be publicized.

For those citizens who reside inside the Village limits and who are disabled or unable to deliver the medications to the Police Department, we will make arrangements to have an officer drive to your residence and retrieve the medications.

Car crash at Randall Road, near Britt Road, in Le Roy

By Billie Owens

A motor-vehicle accident with injuries is reported in the area of 7067 Randall Road, near Britt Road. Le Roy Fire and Ambulance Service is responding.

UPDATE 12:41 p.m.: There are two vehicles involved and both are off the roadway. A second ambulance is requested.

UPDATE 12:43 p.m.: They're going to close the road because there's a lot of debris. There are three patients, so a third rig is requested.

UPDATE 1:21 p.m.: Three patients are being transported to UMMC. One is a teenage male, and another rig is taking the driver and as well as a 29-year-old male passenger. The vehicle with two occupants was T-boned by the other vehicle traveling about 55 mph. The T-boned vehicle rolled three times, yet the two people inside were able to walk around at the scene.

Photo: Drug Take-Back day in Le Roy

By Howard B. Owens

Det. John Condidorio, Le Roy PD, accepts a bag of unneeded prescription medications from a local resident as part of National Drug Take-Back Day.

While old prescription drugs can be dropped off at law enforcement locations throughout the county any time of the year, today is the day local officers are set up especially to collect drugs that might otherwise wind up in the wrong hands or pollute the waste stream.

There are locations for drop off until 2 p.m. at the Le Roy Village Hall, Batavia PD and Pembroke Town Highway (Route 77 and Route 5).

Photos: Le Roy Little League Parade

By Howard B. Owens

At this week's village board meeting, Le Roy Mayor Greg Rogers encouraged everybody to come out for the annual Little League parade. He said it doesn't get more Americana than a bunch of young ball players parading down Main Street.

He's right.

Law and Order: Maple Street resident accused of running up purchases on employer's credit card

By Howard B. Owens

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with six counts of forgery, 2nd, and one count of grand larceny, 4th. Henning is accused of using the business credit card of his employer to make unauthorized personal purchases at a retail store on Veterans Memorial Drive. He allegedly signed the name of a coworker to the sales receipts. Henning was jailed on $20,000. He faces possible additional charges in the City of Batavia for similar activity at a store on Ellicott Street.

Matthew F. Vanbuskirk, 23, of Le Roy, is charged with DWI and unlawful possession of marijuana. Vanbuskirk was arrested by State Police related to an incident reported at 4:27 p.m., April 17. Vanbuskirk was arrested at Strong Memorial Hospital.

Rose Elizabeth George, 22, of Council House Road, Basom, was arrested on a bench warrant related to a harssment, 2nd, charge.

Le Roy mayor wants to see the village take its time on deciding the future of former Wiss property

By Howard B. Owens

Ignore the rumors, whatever they may be, Le Roy Mayor Greg Rogers said tonight during a village board meeting.

If there were any offers for the now vacant lot where the Wiss Hotel once stood, he would know about it, and there have been none.

"Any time you hear a rumor, because I think I'm the guy they have to call first if they want to buy it, don't get in an uproar, because people like to start rumors."

Previously, Rogers had said that by the second meeting in April he would have a plan or an idea of a plan about what to do with the corner of Route 19 and Route 5.

The plan right now, he said, is to wait.

He wants to give the village residents six months to absorb the idea of that empty corner and present ideas about what they think should be done with it.

After six months, he will seek an outside real estate broker to get it appraised and see if there are any suitors. 

Rogers said early on the gas station chain Fast Track contacted the village, but he said he discouraged them.

"They have beautiful stores, but that's not what we're looking for," he said.

At one meeting during the debates about the Wiss, Trustee Jim Bonacquisti said he was looking forward to seeing what it would be like to drive into the village without the Wiss blocking the view of the Presbyterian Church.

"The other day I had the opportunity after the building was somewhat down to come up Lake Street," Rogers said. "My personal opinion is nothing looks more inviting and I'll say more New England than to see a wooden white church with a steeple and and open porch as you drive into a community. It's pretty striking. It really kinds of shows you the place where we all live."

Most of the responsibility for determining what happens with the corner will fall to the village and town planning board, but since the village owns the property, the trustees will have quite a bit of say about what happens with the lot.

And Rogers is mindful that whatever happens, at least half the people will be angry.

"No matter what goes there, half the people are going to be mad and you're looking at five idiots and the other half are going 'that's not so bad,' " Rogers said.

Law and Order: Batavia resident charged with felony DWI, driving without interlock device

By Howard B. Owens

Maurice G. Leach, 36, of State Street, Batavia, is charged with felony DWI, felony aggravated unlicensed operation, driving with out interlock device, operating out of ignition interlock restrictions, speeding, unlicensed operator and refusal to take breath test. Leach was stopped at 12:53 a.m., Tuesday, on Route 33, Stafford, by Deputy James Diehl.

Kevin P. Heinman, 30, of 8290 W. Bergen Road, Le Roy, is charged with DWI, moving from lane unsafely and refusal to take breath test. Heinman was stopped Friday by Le Roy PD after allegedly being observed making a wide left turn from Route 19 to Route 5 and weaving between two westbound lanes, then striking a curb. Heinman was jailed on an unspecified amount of bail.

Ted E. Kingsley, 40, no permanent address, is charged with petit larceny. Kingsley is accused of shoplifting from a store on West Main Street, Le Roy, taking several items, including beer. Kingsley was jailed on $1,500 bail.

Earl F. Pickard, 52, of 57 W. Main St., Le Roy, is charged with petit larceny. Pickard is accused of stealing beer from a store on West Main Street, Le Roy.

Patrick Scott Rumble, 26, of Main Street, Batavia, was arrested on a warrant for allegedly not paying a fine in Town of Byron Court stemming from a conviction on criminal possession of a controlled substance. Rumble paid the fine and was released.

Melissa Marie Morton, 27, of West Middlebury Road, East Bethany, is charged with two counts of trespass. Morton allegedly entered the Target store in Batavia on April 9 and April 12 after being previously banned from the store.

Austin D. Zauner, 17, of Darien Center, is charged with driving while ability impaired by drugs. Zauner is accused of driving while under the influence of marijuana. Zauner's vehicle was stopped by State Police in the Town of Bennington on Sunday for an alleged traffic violation. A trooper trained in drug recognition evaluated Zauner and a urine sample was collected for analysis at the crime lab in Albany. His passengers, Matthew P. Tambe, 18, and Tyler M. Tambe, 18, were charged with unlawful possession of marijuana.

Route 19 at Mill Street in Le Roy closed due to demolition of Wiss Hotel

By Billie Owens

Route 19 at Mill Street in the Village of Le Roy is shut down due to the planned demolition of the Wiss Hotel. Only emergency vehicles will be allowed through.

UPDATE 12:04 p.m.: The roadways are being reopened and Le Roy fire is going back in service. The Wiss is about three-quarters of the way torn down, but the work can continue without the streets being blocked off.

What now?

By bud prevost

Well, the demolition is underway. Whether you agree or disagree with the board's action, you have to commend them for doing something. The Wiss had to go. I appreciate the hard choice that was made, but it's time to move on. What happens now?

First, the view looking east when sitting at the southbound intersection is going to be improved 843%. The Creek, the library, and the school campus are all preferable to  that protruding brick corner that made walking dangerous.

Second, the DOT needs to address a busy intersection that is only going to get busier. Busier? "Why" you may ask. Brings me to

Third, the increase of truck traffic out of the Agri Yogurt park. Do you really believe they will go through the city to hit 98, or take 33 to 490 and backtrack to the thruway? Nope, the majority of trucks gettting on the thruway will proceed through Leroy to 19 north. That is a legitamate concern, and I would recommend we focus our efforts on getting that intersection reconfigured.

Perhaps Mr. Hyde from the GCEDC could help. He seems to have free rein with taxpayer money. Maybe he could pull some strings and make that widened intersection happen. Senator Raz. and Ass. Hawley are extremely enamored by him, so please Steve, help us poor peons in Leroy.

Photo: The Wiss's sagging third floor

By Howard B. Owens

On my way out of Le Roy, I stopped by the Wiss again and got there just before Tim Hens did.

I know from previous conversations, Tim was pretty interested in how a third floor was added to a wood-frame building.

It looks like the third floor was just built right on top of the roof of the original structure. What we're seeing is the back of the original structure and a portion of the added on third floor, which was built across the original structure and a later extension to the back of the building.

The other key thing -- and this picture doesn't really capture it as obviously as it is visible in person -- is how much the third floor and second floor ceiling is sagging.

Hens and Bob Lathan talked about the condition of the building a bit. As you know from our previous tour of the building, there was a sheet of ice on a large portion of the third floor.

Lathan said since then we've have a few thaws and refreezes.

Hens said ice weighs as much as concrete.

Lathan said the string he had stretched through the second floor to measure settling of the building had dropped 3/4 of an inch in the last month.

Though Hens said it's just his opinion and not scientific, based on what he observed today, he doesn't think the building would have lasted through another winter.

Hens said it probably still would have taken a developer gutting the building to accurately access the soundness of the structure.

Photo: Wiss demolition,

By Howard B. Owens

Just a photo to show the progress of the Wiss Hotel demolition.

Insurance company refusing to pay for damage to former Pontillo's in Le Roy

By Howard B. Owens

The best estimate John Pontillo has received so far for repair of the former Pontillo's Pizza location in Le Roy is $33,000.

The building was damaged Aug. 6 when it was struck by a car owned by Marie Costa.

Costa's insurance company is apparently denying a claim for damage to the building under something known as the "emergency doctrine."

In New York and other states, a person is not liable for injury or damage in an accident if a person is "faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection."

What exactly happened that caused Costa's vehicle to careen over a curb and ram into the Pontillo's building seems to still be a matter of medical dispute, but from John Pontillo's interpretation of what he's been told by Costa's insurance company, she died prior to the accident so the company isn't responsible for any claims.

Costa was insuranced by Adirondack Insurance.

The way Pontillo sees it, Costa was driving the vehicle before any sort of medical condition arose -- if one did -- and therefore Adirondack should pay up.

"Like others have said, she is the one who put the car in motion and there was damage done before the car finally came to a rest," Pontillo said.

When Costa's car hit the building, it dislodged a large limestone brick from the archway by the front door. The repair will require extensive safety measures to keep other stones from cracking or falling.

Meanwhile, Pontillo has foreclosed on the property, claiming substantial debts to himself from the Elizabeth Pontillo estate. The property will go up for auction, but Pontillo fears with the damage it won't even sell.

The more the building sells for, the more of the estate's debts (which Pontillo said are substantial to himself and others) can be paid.

If the building doesn't sell, John Pontillo is stuck with a heavily damaged building that he can't use without repairs.

He's thought in the past of opening another pizzeria at the location, but with the damaged building, that isn't possible.

The condition of the building is also a major concern to the village, according to Mayor Greg Rogers.

Pontillo said Adirondack has refused to pay Le Roy for damage to a planter and signs. Rogers said he isn't even thinking about that claim.

"I would much rather worry about getting that building back in shape," Rogers said.

The village is working with its insurance company, Tompkins, to try and resolve the dispute.

One option for Pontillo would be to sue the estate of Costa. He doesn't really want to do that to her family, but such a suit might force Costa's family to sue Adirondack. He's hoping the family will put pressure on Adirondack to settle with Pontillo. He suspects -- though can't prove -- that Adirondack paid the family for a claim on Costa's car.

We requested a statement from Adirondack on the case but have yet to hear back from the company.

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