Le Roy

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

Joseph J. Cavico Jr., 49, of Albert Street, Rochester, is charged with assault, 3rd, menacing, 2nd, willful defacement of a weapon, and criminal possession of a weapon. Cavico is accused of striking a victim numerous times and threatening the victim with a pistol and knife. During the investigation by Le Roy PD, police located a .357-caliber pistol with its serial number removed. Cavico was jailed without bail. The investigation is ongoing.

Roberta A. Goodman, 50, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs. Goodman was stopped by Le Roy PD at 12:48 p.m. June 20 following a complaint. Goodman allegedly failed to maintain her lane of travel and almost struck objects. Goodman was allegedly under the influence of prescribed medication.

Kimberly White, 28, of Wyoming Road, Wyoming County, is charged with petit larceny. White and an accomplice allegedly stole $319 of Hydroxycut supplements from Walgreens in Le Roy on May 16.

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant. Dann was arrested on a City Court warrant. The charges were not released. 

Sean M. Haugh, 20, of North Main Street, Warsaw, was arrested on a warrant for alleged failure to appear. Haugh was arrested at the Wyoming County Jail and transported to Batavia City Court. Haugh was released after posting bail.

Rae C. Cook, 28, of Gilbert Street, Le Roy, is charged with harassment, 2nd. Cook is accused of punching a nurse while at UMMC's emergency room.

Kiara M. McCoy, 28, of Woodward Street, Rochester, is charged with unlawful possession of marijuana, uninspected motor vehicle, and speeding. McCoy was allegedly found in possession of marijuana during a traffic stop at 10:32 p.m. Friday on Walnut Street, Batavia, by Officer James Prusak.

Nikkia Marie Phillips, 31, of East Main Street, Batavia, is charged with petit larceny. Phillips is accused of stealing merchandise from Walmart.

Anthony M. Strollo, 59, of Bethany Center Road, Bethany, is charged with trespass. Strollo allegedly walked onto property on Wortendyke Road without permission at 2:45 p.m. on Thursday.

Kevin James Weber, 47, of Judge Road, Alabama, Alabama, is charged with menacing, 2nd. Weber allegedly threatened another person with a knife at 4:10 p.m. Thursday at a location on Judge Road, Alabama. He was ordered held on no bail and a full stay away order of protection was issued.

Jacklyn Maureen Ganzhorn, 30, of Genesee Street Road, Attica, is charged with harassment, 2nd. Ganzhorn allegedly struck another person at 10 p.m. Thursday at a location on Orangegrove Drive, Batavia.

There have been winter mornings in Le Roy when Myrtle Burrell couldn't even see down Wolcott Street from her crossing station at Main and Church, the snow was blowing so hard.

No matter the weather, for 34 years, with only a couple of days off, Burrell has been at her post helping children get across Main Street safely.

Even this morning, on the day of her 90th birthday.

It was no big deal, she said. "As I told my grandson, it's just two 45s."

The last time she missed a crossing guard shift, she said, was when her husband Roy passed away.

"I don’t believe in missing time unless something is really wrong," she said. "I guess I'm too dedicated."

She loves the kids, she said. And she doesn't let them mess around on her corner, she said. Once when some boys were acting up Burrell, who isn't much taller than many of the children she helps cross, told them they better watch it or she would karate chop them. And they said, "oh, right," so the next day she came back to the corner with a picture of herself from a karate class. That got the boys' attention.

Burrell started the job after being laid off when the Sylvania plant in Batavia closed. She went to a get-together at a friend's house and somebody mentioned working as a dispatcher and Burrell said, "that's something I'd like to do." 

The person told her to go see then-Police Chief Sam Steffenilla.

She did.

He hired her on the spot.

But then the crossing guard who worked Main and Church decided to quit. Steffenilla asked her if she wanted that job and she said she couldn't do both jobs, but agreed to give the crossing guard job a try.

"They showed me what to do and left me and I've been on my own ever since," she said.

A tractor-trailer overturned on the Thruway at about 10 a.m. and though there were no injuries, the accident created traffic delays through Le Roy.

Due to a fuel spill, both westbound lanes were blocked for a time.

State Police said the cause of the crash remains under investigation.

Photo: Katie Marie Breitfeld story and photo via our news partner, 13WHAM.

Le Roy's Alex Wynn is Yale-bound. The high school senior has won a full scholarship to the prestigious university from QuestBridge.

Wynn is among 918 students selected by QuestBridge for a 2017 National College Match scholarship that sends high-achieving, low-income students to top universities.

U.S. News and World Report ranks Yale as one of the top three universities in the nation. Yale counts among its graduates presidents (both Bushes, Bill Clinton, Gerald Ford), world-renowned actors (Meryl Streep, Paul Newman, Jodie Foster), and business leaders (Indra Nooyi, CEO of Pepsi, John E. Pepper Jr., CEO of Walt Disney Co.), along with leaders in many industries and professions.

Alex said she learned about QuestBridge during her junior year and decided to join more than 15,000 other high school students who would seek a QuestBridge scholarship.

The process included a visit to Yale, which helped convince Alex that Yale was where she wanted to go if given the chance.

"Yale has been my top school ever since I was afforded the opportunity to visit last June," Alex said. "Despite my love of the school, its low acceptance rate made me believe that I never would actually be accepted, let alone be offered a full scholarship. Words cannot describe how grateful I am to be able to attend my dream school for the next four years, nor can they describe how incredibly excited I am for this amazing opportunity."

She will major in Chemical Engineering.

"I feel extremely fortunate to have the opportunity to work with a student of Alex's caliber in the first year of my career as a school counselor," said Austin Dwyer, a counselor at Le Roy High School. "On the very first day of school, Alex introduced herself to me and informed me she was applying to a National College Match Program that included some of the most selective schools in the entire country.

"Alex has been an outstanding self-advocate for herself, especially throughout the extensive application process of this program. Alex is truly a 'go-getter' when it comes to accomplishing something, whether it is in the classroom or an extracurricular commitment, and has been a great role model for our students."

Principal Tim McArdle said Alex has worked hard and the school is proud of her.

"Alex's commitment to academic excellence coupled with a passion for participation in music, athletics, and other extracurricular clubs, along with service in our community has made her an ideal Oatkan Knight whose journey is inspiring," McArdle said. "She has pushed herself in the classroom to always challenge her intellect and fulfill her love of learning.

"Evidence of her success can be found all over our school from helping launch our Knights' Tech Desk to excelling in her AP courses to performing in our marching band and musical pit. We are very excited for her and her family; it is truly life-changing, and we are so proud! I would like to thank QuestBridge for their commitment to college-bound students across the country."

Photo: Alex Wynn, taken Saturday night at Le Roy's Christmas Tree lighting.

Le Royans celebrated the arrival of the holiday season with the annual lighting by Santa of the Christmas Tree in the Wiss Hotel Park.

Royce Breslawski celebrates his win in the men's division of Le Roy Winterfest 5K this afternoon. Heather Kent, below, was the first woman to cross the finish line.

Part of the tradition of the race is for winners to dress up with holiday flair. There was also an after-party at the Creekside Inn.

No farm animals were lost in a barn fire at 8090 Black Street Road, Le Roy, this evening, though the barn was a total loss.

The fire was reported at 4:45 p.m. with flames showing and was fully involved when firefighters first arrived on scene.

Pavilion fire, along with Le Roy, Bethany and Stafford responded to the fire with medical aid backup provided by Le Roy ambulance. Emergency Service and the Sheriff's Office also assisted at the scene.

Crews were preparing to the leave the fire location at 8:30 p.m.

The fire is under investigation, but Emergency Management Coordinator Tim Yaeger said investigators are looking at a parked tractor as a possible cause.

(initial report)

Crews from Latham Tree Service were busy this afternoon getting the giant Christmas tree the company erects every year in the Village of Le Roy ready for Winterfest this Saturday.

John Jakubowski, workforce development consultant for the Genesee County Economic Development Center, and Chris Suozzi, VP of business development for GCEDC, visited Le Roy High School today as guests of the Business Education Alliance's Career Lunch-N-Learn Series.

Jakubowski and Suozzi talked about career opportunities in STEM (Science, Tehcnology, Engineering and Math) fields, advanced manufacturing and nanotechnologies, and what it takes for a student to enter those career paths.

"The BEA Career Lunch-N-Learn Series is a tremendous opportunity for our students to interact with professionals in different fields, and we can't thank Karyn Winters enough for her organizing efforts and partnering with us," said Principal Tim McArdle. "It is these experiences that allow our students to focus on their future and learn about the many options they have.

"Today's speakers from GCEDC gave our students a chance to learn about amazing opportunities right here in our backyard so that we can retain the talent we are developing. I really commend Mr. Suozzi and Mr. Jakubowski for their efforts in promoting the WNY STAMP and also educating our students on career advice."

The purpose of the series, McArdle said, is to expand beyond the traditional career day and expose students to information about various careers throughout the year.

"We have taken the traditional one day 'career day' and infused it in and throughout the school year," McArdle said. "Each of our teachers are tasked to host one professional to speak to their classes in an experience we call Career Chats.

"Each Career Chat speaker also stays for an after-school session in the library open to all students. Our students also participate in off-campus field trip opportunities visiting local business/industries through our Student Success Center and staff initiated opportunities."

Another resource available to students and parents is Naviance, in which counselors work with students on career and self-exploration throughout the school year both at school and at home. 

To prepare the local workforce for jobs like what is anticipated at WNY STAMP -- Western New York Science and Technology Advanced Manufacturing Park -- the district has partnered with Byron-Bergen Central School in a Soft Skills Training program.

The program is being funded through a grant from an America’s Best Communities Award that the Towns of Le Roy and Bergen won in 2015 and is coordinated with Jakubowski and Loren Penman. Seniors in both districts are exposed to four different lessons from local professionals this spring.  

"Our goal is to not have one week go by without our students having a chance to hear from a professional in the field. It is vital we maintain this important commitment for the development of our graduates."

A motor-vehicle accident with injuries is reported at 8667 Gulf Road, Le Roy.

Le Roy fire with mutual aid from Pavilion dispatched.

Le Roy ambulance dispatched.

The accident may be in Monroe County.

UPDATE 2:16 p.m.: Le Roy chief on scene. It's in Mumford's district, Monroe County. Apparently minor injuries. Responding units "can back it down."

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

It's a decade since the national home mortgage meltdown but there are still communities plagued by vacant and abandoned properties, including in Western New York, including the Town and Village of Le Roy.

There are about 20 properties in the town and village, Town Supervisor Steve Barbeau (top photo) said last night, that are at a minimum unsightly, but they also present a health and safety issue.

In many cases, if not all, the properties are banked owned and the financial institutions show little interest in dealing with the properties.

"Almost all of these properties are uninhabitable," Barbeau said. "They haven’t been inhabited for years. We’re not talking about 30 days, or 90 days, or 365 days. There are a few in here, as I eyeball it, where it’s been three or four years, most of all the rest of them have been vacant for a decade."

To help deal with the issue, the town and village of teamed up to write a new ordinance that would define vacant and abandoned properties and put some pressure on the title holders to sell the parcels, including a fee that could cost a property owner as much as $1,500 a year if the building continues to sit vacant.

Village and Town officials held a public hearing on the proposed ordinance at the Town Hall last night.

A few of the residents who turned out to speak were either skeptical about the ordinance as written or downright hostile to the idea.

The way Jason Shu has read the ordinance is that if he went on vacation for six weeks, the code enforcement officer could declare his property vacant and abandoned and he would either have to sign a waiver to allow the code enforcement officer to enter the property or pay a fine. He called the law overly broad, subject to selective enforcement, and a potential violation of his Fourth Amendment rights.

"I agree with the whole problem of abandoned property but there’s a different approach to it," Shu said. "It doesn’t seem right. It doesn’t seem fair. The selective enforcement is only going to lead to problems."

Both Barbeau and the town's attorney Reid Whiting said that isn't how the ordinance works.

First, Barbeau said, the ordinance defines temporary vacancy and seasonal use, which would cover a six-week vacation, and the 30-day clock for registering the house wouldn't begin until after a code enforcement officer determined the property appeared to be abandoned.

There are a number of criteria the officer would weigh to make that determination, such as that nobody is living in the house, it's devoid of contents, lacks utility services, is or has been subject to foreclosure, and code violations.

Properties determined "temporarily vacant" would not be required to register as vacant and abandoned.

Whiting said there is no violation of the Fourth Amendment because either the property owner voluntarily signs a waiver or the code enforcement officer would be required to get a warrant to enter the property from a judge.

Leonard Dries attacked the law as a violation of private property rights, yet another high New York tax, and accused Le Roy's elected officials of not listening to his concerns.

Because of the law, he said, which he says is a violation of property rights, the town or the village will end up getting sued.

"You're going to start doing all this stuff on these properties and you’re going to bite the wrong hand and the lawsuit is going to overwhelm you," Dries said.

At times he interrupted other speakers or tried to shout them down.

One of the properties of concern discussed during the meeting is the boarded-up residence next to the Le Roy House. Historian Lynn Belluscio said she fields constant complaints from visitors about the unsightly building.

"They come to us and want to know why Le Roy can’t deal with that property next door," she said.

Dries responded, "Then don’t look at it. Tell them not to look at it."

" I’m going to tell 10,000 people -- " Belluscio said.

"-- you don’t get 10,000 people, you don’t 100 people a day coming through. Le Roy is a dead town," Dries said.

Barbeau rose from his chair and said Dries was out of order.

"That’s what we get to live with twice a month," he said. 

"Oh listen, Stevie Bo-Bo, sit down and shut up," Dries said. "You are paid by my tax dollars. I don’t want to hear your mouth."

Barbeau managed to restore order and the meeting continued.

Belluscio said the Jell-O Museum has made four attempts to buy the abandoned property, but that bank, based in Hong Kong, won't budge on its $119,000 asking price. Belluscio said she couldn't be irresponsible with how she spends the nonprofit's money and the house isn't worth $119,000 with all of the damage. The bank doesn't want to take the loss, though, of selling it for less.

"They really don't have an incentive to sell," Belluscio said. "They sit back and wait as long as they possibly can. They don't care that the house has deteriorated."

Dealing with bank-owned properties is exactly why the new law is needed, said Mayor Greg Rogers (bottom photo), who is also a real estate agent.

"We felt some of our neighborhoods need to have some of these properties picked up and cleaned up," Rogers said. "Or at least give the owners, and a lot of times it’s banks, further incentive to try to get these back on the market and be viable properties.

"If you live in one o those neighborhoods next to an abandoned house, that becomes an issue and it becomes an issue for the street," Rogers added.

Barbeau added later, "if anybody argues that it doesn’t depress the values of properties around it, they don’t have a clue."