Le Roy

The City of Batavia is wired. Wired for high-speed broadband, that is. 

Empire Access can now deliver download speeds of 100 megabits to more than 95 percent of the properties in the city. There are only about 40 or 50 households that would be hard to reach, but once a couple of access hurdles are cleared, Empire will be able to service those customers as well.

"We're very pleased with the response we've received," said Jim Baase, president of Empire. "Even without video, we've sold a lot of internet-only packages. We're ahead of plan of where we thought we would be and video will only help with more penetration."

While broadband and telephone service is licensed through the state and requires no local approvals to provide service, federal law requires cable TV providers to sign franchise agreements with local municipalities.

Empire has been in negotiations with the City of Batavia for a franchise agreement for at least six months. Councilman John Deleo has raised the issue at two consecutive City Council meetings and City Manger Jason Molino hasn't wanted to comment further in public than "we're in negotiations."

Empire already has franchise agreements with 35 other municipalities in New York.

"Typically, it takes a couple of months to get through negotiations," Baase said. "It's taking a little longer with the City of Batavia. There are still a few outstanding issues that the city is requiring us to agree to. We haven't resolved those issues yet. We're hopeful in the next few weeks those issues will get resolved."

For residential customers wanting affordable, high-speed broadband now, the installation process typically takes about two weeks.

The photos with this story are of an Empire crew doing a line drop on a residential street in Batavia and at a Downtown location.

Once a customer signs up for the service, an outside crew drops a line to the location and tests it. An inside crew comes later, at an appointed time with the customer, to finish the install inside the residence.

The installation make take a little longer with apartment complexes serviced by underground utilities.

Empire is also working on expanding service beyond the City of Batavia. The company is working with Town of Batavia officials now to start stretching beyond the city's borders and engineers are drawing up plans for providing service in Le Roy.

The company hopes to start building the network in Le Roy by the fourth quarter of this year.

As for reaching more rural parts of the county, Baase said the company is looking for municipal partners in that process and is in fact talking with Town of Batavia officials along those lines.

With such partners, it might make it possible to tap into the $500 million in seed money Gov. Andrew Cuomo has proposed for expansion broadband in rural New York.

They're also looking for more partners like the Town of Big Flats, in Chemung County, where officials didn't want to wait around for grant money, so the town helped Empire secure a low-interest loan to build out the network.

"There are limited resources and we can't build everywhere at once," Baase said. "We're in the Town of Big Flats because they reached out to us. We're looking for more partnerships like that."

Photos: The work crew handling the outside installation work yesterday was Rick Burke, Kasey Wetmore, Don Todd, Joe Kirchner and Roy Faulkner. Pictured are Burke, in the cherry picker, and Wetmore, seen in the fourth photo splicing together a line from the outside of a house to the inside wire.

Le Royans will often tell you, they live in a special place. Now they have some proof and a chance to demonstrate just how special it is, with the chance at a $3 million prize at the end of the rainbow.

Frontier Communications, drawing from 138 applications in 27 states, has picked Le Roy as one of the Top 50 communities in America.

The honor comes with a $50,000 prize to help fund writing a comprehensive plan aimed at spurring business growth with assistance from business leaders at IBM.

"For those of us who choose to live here, and those people who have chosen to move away and come back, there is a draw to la-roy, or lee-roy (pause for laughter), and we need to capitalize on that, and I think maybe that's why we were so strong with our application," said Lynn Belluscio, curator of the Le Roy Historical Society, who helped with the application process. "It is going to take all of us going in the same direction, which we know is sometimes difficult in this community, but I think we can do it."

The impetus to apply came from County Legislator Shelly Stein, who worked with the staff at GCEDC to get the ball rolling, but the application process and letters of support brought together not just Stein and the GCEDC, but Belluscio, Supervisor Steve Barbeau, the Rotary Club of Le Roy, the Chamber of Commerce, Superintendent of Schools Kim Cox, the Le Roy Business Council, County Planning Director Felipe Oltramari and the Village of Le Roy.

The Village and Town of Bergen also pitched in because Le Roy by itself didn't have a big enough population to qualify.

The business project that will be targeted for infrastructure improvement -- a bigger natural gas pipe and broadband -- is the park at Route 19 and West Bergen road.

Robert Smith, the Rochester area general manager for Frontier, said he though Le Roy and Bergen were a great choice.

"But the work doesn't end here," Smith said. "You have a lot more to do because there is a lot more that can come from this."

The comprehensive plan will be reviewed in November and after that the Le Roy group will find out if it moves onto the next stage.

The eventual payoff for the winner is a $3 million prize, but second plays will earn $2 million and third, $1 million.

Growing the local business base is critical, Barbeau said.

He noted that for every tax dollar generated by a commercial property, businesses consume about 60 to 70 cents and services. For agriculture, it's about 30 cents in services. But residential, he said, eats up about $1.30 in services.

"We feel like this is a perfect opportunity to expand our infrastructure and bring in more business," he said.

Steve Hyde, CEO of GCEDC, said this is an exciting opportunity for Le Roy and Bergen and fits right in with everything GCEDC is trying to do to attract more industry to Genesee County.

"When you try to grow an economy, you need to be able to talk about the quality of life and the factors that make it a place where people want to live, work and play," Hyde said. "This community has that."

Photo: Smith presenting a finalists' certificate with Rotary president Randy Vink and Stein in the background.

Press release:

Four New York communities – including three in greater Rochester and the surrounding area -- are celebrating their first round of success in the America’s Best Communities competition, a $10-million initiative to stimulate economic revitalization in small towns and cities. Webster, Le Roy and Livingston County, plus Norwich in Central NY are moving ahead in the competition. Each will receive $50,000 to develop comprehensive strategies to accelerate the revival of their local economies and improve the quality of life in their communities.

Frontier Communications, DISH Network, CoBank and The Weather Channel — the competition’s sponsors — today announced that Webster, Le Roy, Livingston County and Norwich have advanced into the quarterfinals of this innovative competition. They are among the 50 quarterfinalist communities that now have six months to complete their revitalization plans and compete for up to an additional $3 million to bring their ideas to life.

In the months ahead, the communities will partner with a major corporation that will provide guidance and support throughout the next stage of the competition. The America’s Best Communities Adopt-a-Community Program has brought together 50 distinguished companies from across the nation to support the quarterfinalist communities. Each corporation will be paired with a community to serve as their strategic mentor, while also contributing $15,000 of the $50,000 in prize money. These corporate partners will forge relationships with local leaders and focus their efforts on successful implementation of the innovative business plans.

“It gives me great pleasure to announce Livingston County and Le Roy as two community areas that have pulled together their talent and first-class ideas and are now moving forward in the competition,” said Bob Smith, area general manager of Frontier’s Rochester West operations. “I can speak from personal experience as to the caliber of the leadership, the resilience and strength of the communities, and the overall commitment they have toward enhancing, growing, and setting the bar high.”

Julie Marshall, Livingston County director of Economic Development stated, “We are pleased to be selected in the America’s Best Communities competition. The community revitalization plan that we will develop with the financial support from America’s Best Communities will be designed to generate sustained economic momentum that will further strengthen Livingston County for many years.”

Shelley Stein, County Legislator for Le Roy, said: "The community of Le Roy and Bergen are so excited to learn that we are one of America's Best Communities! Our application was a shared effort of the Town Supervisor Steve Barbeau and Director of the Jell-O Museum and the Le Roy Historical Society Lynne Belluscio. All of us are eager to share our story of agrarian roots and our ability to create local/regional commerce steeped in strong entrepreneurial tradition in the community.

"We look forward to meeting with our strategic mentor and continuing this exciting opportunity for Le Roy to attract more attention to our incredible work ethic, ability to collaborate and strong leadership capacity. We sincerely thank Frontier, Dish Network, CoBANK and The Weather Channel for assisting rural communities reach our full potential.”

Sharing comments on Le Roy making it to the quarterfinals, Belluscio stated: “This is great news! Le Roy is extremely proud to be included in this national search for America’s Best Community. Rural communities are great places to live and raise families. This is where neighbors help neighbors, and the true American spirit is fostered. It is where American entrepreneurs can thrive with proper planning and economic development. It takes a team of dedicated people to make it happen - - and Le Roy has that team - - now we hope that this kind of economic investment and technical support will propel this community into the next generation.”

As the newly appointed Area General Manager of Frontier’s Rochester East operations, Bill Carpenter said, “I am very excited to have a town in my area of responsibility move forward in the competition. Webster has demonstrated that it has the inspiration and dedication to generate ideas that will reinvigorate the community. It’s this type of local engagement that attracted me to Frontier, and I am very proud to work with Webster as the community moves to the next round of competition.”

Speaking on behalf of Webster, Matt Chatfield, executive director of the Webster Community Coalition for Economic Development, noted: “The Webster community is grateful to receive this national recognition for the long-standing efforts of its political, civic and business leadership to make Webster a community of choice in Upstate New York. We are also excited about the prospect of working with our corporate partner to develop a unique, sustainable and achievable business growth plan that will propel our community forward for the foreseeable future.”

After launching in September, the America’s Best Communities competition successfully attracted entries from 138 applicant teams, representing 347 communities across the country. All 138 applications were reviewed by a panel of independent expert judges who selected the 50 winning communities based upon an objective set of criteria.

America’s Best Communities is a multi-stage, three-year competition that will provide $4 million in seed money and other support to assist communities as they develop new economic growth strategies. The top three communities — those with the most innovative proposals being effectively implemented — will share a total of $6 million in prize money. The winning community will be awarded $3 million, with $2 million for second place and $1 million for third.

“As the largest telecommunications company focused on rural America, we recognize the economic impact that strategic investments often have on the revitalization of small towns and rural cities,” Frontier Communications Executive Chairman Maggie Wilderotter said. “America’s Best Communities has already inspired new collaboration among local leaders across New York, and it’s just getting started. The innovative ideas the competition is investing in have the potential to become roadmaps to growth for communities across the U.S.”

Ann Rita Pokornowski, 54, of Ellicott Street, Batavia, is charged with petit larceny. Pokornowski is accused of stealing a pair of boots from her boyfriend's house on Bennett Avenue, Oakfield.

Sade Henderson, 20, of New York City, is charged with petit larceny. Henderson is accused of stealing an Internet router from a dorm room at College Village. 

Danielle G. Bryant, 41, of Stewart Road, Pavilion, is charged with criminal contempt, 2nd. Bryant is accused of violating an order of protection in Le Roy.

A car accident, unknown injuries, is reported on the Thruway and Le Roy fire and ambulance are responding. In the area of mile marker westbound 380.8, the vehicle wound up eastbound and is in the median but did not strike anything. It's just west of the Bergen Road overpass.

UPDATE 8:08 a.m.: No injuries. Churchville fire is called to respond and the Le Roy assignment is back in service.

Jason P. Andrews, 38, of Lake Street Road, Le Roy, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Andrews is accused of selling an unspecified controlled substance in the form of pills to an agent of the Local Drug Task Force. Andrews was arrested at his residence, arraigned and released under supervision of Genesee Justice.

Jonathon Grant Browne, 22, of Leighton Avenue, Rochester, is charged with possession of untaxed cigarettes, unlawful possession of marijuana, aggravated unlicensed operation, 2nd, speeding and driving a vehicle without stop lights. Browne was stopped at 4:08 p.m. Tuesday on Main Street, Oakfield, by Deputy Joseph Corona.

A 17-year-old youth, residence not specified, is charged with criminal mischief, 3rd. The youth was arrested in Alexander by State Police. No further details released.

Jenna L. Josephite, 26, of Batavia, is charged with criminal possession of a controlled substance, 7th, and Dillon M. Brito, 23, of Batavia, is charged with unlawful possession of marijuana. Josephite and Brito were arrested and charged by State Police at 3:30 p.m. Sunday on Route 5, Town of Batavia. No further details released.

Grand Jury Report:

Veronica Garcia is indicted on a count of felony DWI, felony driving with a BAC of .18 or higher, two counts of driving drunk with a child less than 15 years of age in the vehicle and endangering the welfare of a child. Garcia is accused of driving drunk Dec. 19 on Route 98, Alexander, with two children in the vehicle. She allegedly has a prior DWI conviction from February, 2011, in the City of Batavia.

Whether Frost Ridge Campground can continue hosting live music concerts is a matter for the Town of Le Roy Zoning Board of Appeals to decide, Judge Robert C. Noonan ruled today.

In an order issued this afternoon, Noonan said that the ZBA has sole authority to make the decision, and insofar as a prior finding by the ZBA that concerts were a prior, non-conforming use was legally flawed, it's still up to the ZBA, not the courts, to make the determination.

The failure of the ZBA to properly issue public notice of a hearing on concerts at Frost Ridge on Sept. 25, 2013, does not affect their underlying authority to make the determination, Noonan said.

In short, Noonan recommends that Frost Ridge make a proper application, but with or without the application, the ZBA must hold a properly noticed public hearing and reach a properly recorded decision.

It's only after that process has been correctly executed that a court can weigh evidence and determine whether a plaintiff has any basis to overturn the decision, according to Noonan's ruling.

The autumn of 2013 finding by the ZBA has been a key point of contention in the pair of lawsuits filed by the Town of Le Roy and the Cleere/Collins family against Frost Ridge.

Board members reportedly reached a unanimous decision favoring live music at Frost Ridge, finding the use was grandfathered in because live music and amplified music at the recreational area pre-dated the creation of a residential-agricultural zone in that part of Le Roy.

The Cleere/Collins attorney sought to get the ZBA decision voided and foreclosed, bringing the campground's concert series "Jam at the Ridge" to an end.

Noonan wrote that case law establishes that a court must stay its hand until the proper agency has applied its expertise to the salient questions of the regulatory scheme.

That hasn't happened yet in the case of Frost Ridge.

Noonan's decision leaves the future of live music up to a ZBA board that has shown prior support for live, amplified music at Frost Ridge.

Pending a final ZBA determination, Noonan's modified order -- limiting but allowing concerts at Frost Ridge -- remains in effect, unless the Cleere and Collins families deposit $225,000 into an escrow account to protect the Frost Ridge owners against damages should they eventually succeed in the legal proceedings.

Le Roy First Presbyterian Church, at Main and Clay streets in Le Roy, is having a spaghetti dinner this afternoon from 4 to 6:30. Also going on now and continuing throughout the day is a sale with craft vendors, including the entire yard of the church decorated with metal art from Adam’s Welding and Fabrication. 

An 18-year-old Le Roy resident and a 17-year-old Le Roy resident are charged with endangering the welfare of a child and unlawful possession of marijuana. Le Roy PD responded to a report of the smell of marijuana in an apartment. After a brief investigation, officers concluded the youths possessed and smoked marijuana in the apartment while two youths under age 17 were present. The 18-year-old was jailed on $500 bail. Le Roy PD did not release the names of either individual.

Christopher E. Merrell, 53, of Bergen, is charged with aggravated unlicensed operation, 2nd, no seat belt, inadequate exhaust, illegal window tint and unlicensed operation. Merrell was stopped by State Police on Route 98, Alexander.

There's no dispute that there was live music at the Frost Ridge Campground in Le Roy prior to 2008, and there's no dispute there was amplified music there, either, said an attorney representing the family that brought suit against Frost Ridge seeking to shut down its summer concert series.

Those prior acts, however, do not constitute a prior use of Frost Ridge as a concert venue with amplified life music, Mindy Zoghlin told Judge Robert C. Noonan during a hearing in Superior Court today where Zoghlin and Town of Le Roy Attorney Reid Whiting argued that Noonan should favor them with a ruling barring amplified live music and demanding relief from other alleged zoning violations.

(The record) at best establishes there were people playing music around the campfire and when there were skiers there was amplified music," Zoghlin said.

David Roach, representing the owners of Frost Ridge, David and Greg Luetticke-Archbell, told Noonan that and other points raised verbally by Zoghlin and Reed were addressed in his written memo to Noonan answering their motions for summary judgement, so he wasn't going to belabor the points today.

In the memo, Roach argues that there were live music shows at Frost Ridge under prior ownership that were open to the public.

In fact, Roach argues, that everything from the live music issue, to the camping use of the campground and current structures on the property, all fit within the prior, non-conforming use of the property.

Even if those uses have expanded, he argued, case law favors Frost Ridge. 

"Nothing in the record indicates Frost Ridge has ever changed its recreational use or expanded it to something non-recreational," Roach wrote, citing a case known as Hollow v. Owen. "'...a mere increase in the volume or intensity of the use is not necessarily an extension or enlargement of such use.'"

Among the reasons Zoghlin said Noonan should find in the favor of her clients, David and Marny Cleere and Scott and Betsy Collins (Marny and Betsy are sisters and granddaughters of the original property owner), is that a Zoning Board of Appeals (ZBA) determination that the concerts fell within prior, non-conforming use was, essentially, illegal.

Noonan has already ruled that the ZBA failed to provide proper public notice of the meeting in 2013 where the board came to a unanimous conclusion that everything at Frost Ridge, including live amplified music, was permissible because of the historical use of the property.

The property became a ski area and campground in the 1960s and later new zoning laws were adopted by the Town of Le Roy that made the area a residential/agriculture zone.

There's no way, Zoghlin argued, that a concert venue falls within the town's definition of an R/A zone.

Roach argued that Noonan's ruling on the public notice issue went merely to the procedural sufficiency of the notice, but did not overturn the finding. Citing case law, Roach argues that even granting the notice issue, the ZBA had the authority to make the determination.

Zoghlin wants the ZBA determination overturned, arguing that the decision was reached in such a defective fashion that even referring the case back to the ZBA would be inappropriate.

Roach told Noonan that such a ruling would still result in the ZBA taking up the issue again, and the ZBA would likely reach the same conclusion, and then that determination would result in new lawsuits by the current plaintiffs (Cleere and Collins and the Town of Le Roy), so Noonan would then be dealing with four lawsuits total over one single issue.

If Noonan finds the ZBA determination defective, the only reasonable action, Roach said, would be to refer the case back to the ZBA to cure the procedural defect of its original determination (meaning, hold a properly noticed public hearing).

At the end of the hearing, Noonan reserved his decision and promised a written decision soon.

If Noonan doesn't issue a summary judgment in favor of the plaintiff's, the suit will proceed, perhaps, eventually, to a jury trial. If that's the case, Zoghlin said, Noonan should reinstate the temporary restraining order barring live amplified music at Frost Ridge.

Roach said that such an order would put Frost Ridge out of business and therefore impermissibly grant the plaintiff's the ultimate outcome they seek through the lawsuit. He also argued that during the period last summer when concerts were once again allowed at the campground, there were no complaints, no arrests, no disturbances and a deputy was positioned in the neighborhood to monitor noise and found the venue in compliance with Noonan's orders. The town has also established a noise ordinance, rendering moot the need for a restraining order.

So far, six concerts at The Ridge have been booked for the summer.

For our prior coverage, click here.

A 20-year-old Le Roy resident allegedly used a knife in a confrontation with another person and has been charged with second-degree assault as a result.

Le Roy PD did not release information on the nature of injuries, if any, sustained by the victim.

Jarrod K. Fotiathis was jailed on $20,000 cash bail or $40,000 bond.

He is also charged with criminal possession of a weapon and unlawful possession of alcohol.

Brittany B. Cina, 25, was also charged with harassment, 2nd. Cina allegedly punched a person. She was issued an appearance ticket.

Charles R. Lowe, 51, of 8131 E. Main Road, #6, Le Roy, reportedly fell asleep while driving westbound on East Main Street, Village of Le Roy, at a speed of 52 mph in the 30 mph zone.

His vehicle veered from its lane and rear-ended a vehicle paused to turn left onto Wolcott Street. That car then struck another vehicle on East Main Street.

The other two drivers suffered minor injuries.

Lowe was taken by Mercy Flight to Strong Memorial Hospital and was initially in the intensive care unit.

He's also charged with reckless driving, speeding, failure to use designated lane, following too closely and two counts of assault in the third degree and criminal negligence.

Following the accident, Lowe was entrapped in his vehicle and required extrication by the Le Roy Volunteer Fire Department.

The Sheriff's Office Crash Management Team assisted in the investigation.

Lowe was issued an appearance ticket and is due back in Le Roy Town Court on April 27.

Howard Clarence Schultz, 56, of Chili Avenue, Rochester, is charged with five counts of cruelty to animals. Schultz was reportedly a resident of 8798 Keeney Road, Le Roy, where he kept duck and chickens as pets. He allegedly moved from the property in late January and left the ducks and chickens behind without making arrangements for their care or relocation.

Christopher John Naugle, 45, of Apple Tree Avenue, Bergen, is charged with two counts of endangering the welfare of a child. During an argument reported at 9:06 p.m., Saturday, Naugle allegedly flipped over a table, slapped and poured beer on a person in the presence of two children.

Michael Leonard Farrell, 45, of Clio Street, Rochester, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and obstructed plate. Farrell was stopped at 10:55 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

James Raymond Corp, 35, of Brewerton Road, Syracuse, is charged with possession of more than 400 untaxed cigarettes and obstructed plate. Corp was stopped at 10:12 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves. Corp was allegedly found in possession of 11,000 untaxed cigarettes.

Kathy BethAnne Woodbeck, 39, of Montgomery Street, Canjoharie, is charged with possession of more than 400 untaxed cigarettes and obstructed plate. Woodbeck was stopped at 11:08 p.m. Friday by Deputy Patrick Reeves. Woodbeck was allegedly found in possession of 23,000 untaxed cigarettes.

Elbert L. Flint, 39, of Morse Place, Batavia, is charged with criminal possession of a weapon, 4th. Flint was allegedly found in possession of a cane sword.

Searchers were called out to the Genesee Community College campus this evening to look for a possible despondent Le Roy resident whose car was located in the parking lot of the campus after he went missing around 2:40 p.m.

This afternoon Le Roy PD was asked to check on a male in his 40s. 

The man was not located at his residence in LeRoy. 

The man’s cell phone was pinged and that gave his general location.

Police initiated a search for the man and his car was found a short time later at the Batavia campus, but the missing man was nowhere in sight.

According to Le Roy Detective John Condidorio, the Genesee County Sheriff's Office was then called to assist in the search.

Campus security also assisted, checking the ball fields and the school grounds.

A Sheriff's K-9 unit was brought in to assist. 

State Police dispatched its helicopter to provide aerial coverage. 

Sheriff's Sgt. Jon Szumigala said the search team was worried about approaching darkness making the search more difficult so a foot search was ordered.

Town of Batavia Fire Department responded. 

Volunteer firefighters located the man in a wooded area west of the GCC parking. He was conscious but needed medical attention.

Mercy Flight was on call but not dispatched.

Mercy EMS transported the patient at 6:30 p.m.

His identity is not being released.

A motor-vehicle accident with injuries and entrapment is reported on Route 490 in the area of mile marker 1. The entrapped person's vehicle is wedged against a tree. This is on the Bergen/Churchville border. Le Roy fire and ambulance responding along with Bergen fire. Churchville was also dispatched.