Online News. Community Views.

>> Download <<
The Batavian Mobile
Droid | iPhone

Recent comments

Site Sponsors

Le Roy

September 8, 2014 - 2:48pm
posted by Billie Owens in Le Roy.

Le Roy fire is responding to a report of the odor of natural gas inside the Jell-O Museum at 23 E. Main Street. The call came from a passerby.

September 6, 2014 - 1:22pm
posted by Howard B. Owens in football, sports, high school sports, Le Roy.

The rain may never have fallen in a deluge, but Cal-Mum was certainly swamped by a relentless Oaktan Knight offense and an immovable defense in a game that took consecutive days to complete because of stormy weather.

Final: Le Roy 40, Cal-Mum 0.

The win assured Head Coach Brian Moran with a career record on the plus side against Le Roy's biggest rival, at 17-15.

Moran said, yes, the winning record against the Red Raiders is important to him.

"I'm proud of that because that (Caledonia) is a great community and great football program," Moran said. "You forget sometimes that Caledonia makes Le Roy better and Le Roy makes Caledonia better. That's been evident over the last 25 years."

The game started on time at 7:30 Friday night under the lights of Hartwood Park, but after the halftime show, officials spotted flashes of lightning to the northeast.

The game was delayed and about a half hour later, it was postponed (along with 11 other Section V games). Play resumed at 9 a.m. today, and by 10, Le Roy officially had a 1-0 record on the season.

The split game didn't bother the players much, said QB Mike McMullen.

"It wasn't a distraction, but it was definitely different," McMullen said. "I don't think anybody on the team has ever done anything like this. I don't think any of the coaches have ever done anything like this, so it is different, but you've got to play through it. So we did and came out and played hard."

To start the half, Cal-Mum tried an onside kick, but the Knights were ready and covered the ball.

Moran thought it was the right call by John Walther. If it had worked, it could have given the Red Raider's a spark.

"That's the way you should start the second half," Moran said. "You're down 21-0 and who knows what the weather is going to do. I give them credit for doing that."

Rather than Red Raider ball, the Knights had possession on about the 50-yard line. Soon, the Cal-Mum defense was looking at the back of #16, Jon Pierce, sprinting toward the goal line for a score that all but sealed the visiting team's fate.

"That was huge," McMullen said. "I told them when we came out there, 'hey guys, we've gotta score first drive. We've got to show them what we're about, make a point.' "

Pierce was the star of the game, always around the ball on defense and racking up more than 100 yards of total offense.

He's emerged, at least in the first game, as the running back Le Roy's coaches always thought he could be. He charges at the line with exceptional lower body strength, quickness and speed.

"We've been expecting this from Jon for quite a while," Moran said. "I'll be honest with you. Jon is a great kid and he has a great ability to move in the hole and then accelerate. Last night we saw it and today, again, we saw it and we're proud of him."

To open the game, Cal-Mum keyed on the McMullen to Ryan McQuillen combination, which isn't a bad strategy. A more mature player in Pierce gives an already powerful offense another weapon.

"He does have great hips," Moran said. "If you just stand behind him at practice you see it. That's what makes a good running back, somebody who can get up into those little small holes and make that cut inside and out. Jon has the capability to do that."

Before the start of the season, Moran and other coaches expressed some concern about an inexperienced offensive line. Friday and Saturday, the line showed it had the ability to move the pile and open holes.

That doesn't mean there isn't room for improvement, even after a 40-0 win against a good team.

"There's a lot of things you can do better," Moran said. "You sit back and start to evaluate tape. This is only week one. As we're sitting there and looking at it a little differently on the film, you know there are people who need to read their keys a little better and their footwork needs to be better and the offensive line has to communicate better. We're always thinking about improvement. That's the name of the game."

To purchase prints, click here.

September 6, 2014 - 7:30am
posted by Howard B. Owens in fire, Le Roy.

A residential structure fire with people trapped is reported at 7197 Griswold Road, Le Roy.

Le Roy fire and Bergen fire dispatch.

UPDATE 7:30 a.m.: Stafford fire requested to the scene.

UPDATE(S) by Billie 7:35 a.m.: Everyone is out of the structure. Command reports the fire is possibly out.

UPDATE 7:38 a.m.: Pavilion has also been called and Caledonia is asked to stand by in Le Roy's fire hall.

UPDATE 7:43 a.m.: Caledonia is canceled.

UPDATE 10:36 a.m.: According to Alecia Kaus, Video News Service, who went to the scene, one of the residents (one of the people reportedly "trapped") stayed in the house and put out the fire himself.

September 6, 2014 - 12:04am
posted by Howard B. Owens in football, sports, high school sports, Le Roy.

The threat of lightning played havoc with the Section V football schedule Friday night, including perhaps the biggest game of the night (certainly, all the Rochester media thought so, turning out in force at Hartwood Park), Cal-Mum and Le Roy.

Officials suspended the game after the half-time show and play will resume at 9 a.m., with the Oatkan Knights leading 21-0.

In all, 12 Section V games were postponed due to weather.

Batavia is down 0-7 to Livonia and play will resume in Livonia at 1 p.m. Elba is beating Pembroke 17-7, and play will resume at 5 p.m.

Top photo: Le Roy's Jon Pierce breaks up a pass by Jake McEwen.

Photos from the first half in the slideshow. To purchase prints, click here.

September 5, 2014 - 4:02pm
posted by Howard B. Owens in football, high school sports, Le Roy, spors.

Coach's final season, a team that enters the 2014 season with a lot of promise, a first game against the school's biggest rival -- it's a good time to remind the players and the fans about the program's highest pinnacle, a state championship.

Five members of Le Roy's 1995 state champion team were invited back home today for a pep rally at the end of the school day.

The former players each took a turn talking about P-R-I-D-E (Perseverance, Responsibility, Involvement, Diversity and Empathy).

The men were wearing T-shirts honoring Coach Brian Moran's 26th and final season leading the Oatkan Knights.

Deputy Joe Loftus told the story of his 13-year quest for a full-time career in law enforcement. Sales Manager Brian Fulmer flew in from Minnesota to talk about responsibility. Bill McKenzie, now a teacher in York, spoke on involvement. Brandon Shaugnessy couldn't leave Texas today because his wife recently had a baby two months earlier than expected, so Coach Jim Bonacquisti read his statement about diversity. Pat Ashley, a corrections officer with the Monroe County Sheriff's Office, was assigned empathy.

Ashley remarked that he got assigned the word a lot of people get wrong, confusing it with sympathy, and after giving some examples of how he uses empathy in his career working in a jail and as a small arms instructor, he said maybe he got it wrong, too. (He was spot on: putting yourself in the others' shoes, seeing things from their point of view).

Then the pep of the pep rally began when Student Body President Derek O'Sullivan took the mic.

Derek had members of the marching band beat their drums and then cheered on the volleyball and soccer teams, which also have games today.

He then said, "and I think there's another team playing tonight. Coach Moran, who are we playing?"

"Cal-Mum," Moran said.

Derek noted that the folks in Caledonia probably think they're doing to win. Are they? He asked the crowd? A few kids yelled "no," so he asked again, and the room exploded with a resounding, "NO!"

Afterward, Moran said the rally was "really enjoyable."

"You know, that's why we coach," Moran said. "You take a look at the young people we have up here today, and that's why we coach.

"You talk about the wins and losses," he added, "but we forget about those, you know, shortly after they happen. What you remember are the relationships, the commitment that you have with each other; and for coaches, we want to see what they're doing 10, 15 years from now. Obviously, today, you take a look at these young men and we're just proud of their accomplishments."

The Le Roy-Cal-Mum rivalry is woven into the fabric of both communities, Moran noted, but in a positive way.

"Caledonia and Le Roy is the greatest rivalry in New York State in high school football and we're so close, but that's what leads to great communities," Moran said. "The interest in the game, the interest in each other, the bond that we have with Caledonia and Le Roy. When the game's on, obviously we want to win and they want to win, but when it's over, it's over. And whatever they need, or somebody in our community needs, they're always reaching out. I think that says it all about what both communities are about."

Come on out to the game (7:30 p.m.). It will be a great community, Friday Night Lights experience. If you can't make it, the game will be carried live on WBTA or live streamed over WBTAi.com.

September 5, 2014 - 8:33am
posted by Howard B. Owens in crime, Darien, Le Roy, corfu.

Gregory P. Hamm-Johnson, 24, of Alexander, is charged with reckless endangerment, 2nd, and leaving the scene of a property damage accident. Hamm-Johnson was allegedly the driver involved in an accident on Richley Road, Darien. His vehicle reportedly struck a mailbox. Hamm-Johnson reportedly overcorrected, reentered the roadway and spun sideways and rolled multiple times before coming to rest on the roadway. Johnson then allegedly left the scene of the accident. A search of the area, assisted by Corfu Fire Dpeartment, found there were no people around the accident scene. Hamm-Johnson later turned up at the Batavia Barracks of the State Police to report the accident and said he was the operator of the vehicle. Hamm-Johnson reportedly suffered minor injuries.

Jody M. Buck, of Sloan, is charged with DWI, driving with a BAC of .08 or greater, DWI with a child passenger under age 16 and leaving the scene of an accident. State Police observed a vehicle on Route 5 with front end damage. The car was later identified by Corfu PD as one that matched the vehicle description of a car that ran over a mailbox on Route 77. Parts of the vehicle found at the accident scene reportedly matched Buck's vehicle. Buck allegedly registered a BAC of .14.

Charles Robert Lowe, 50, of East Main Street, Le Roy, is charged with trespass. Lowe was allegedly on another person's porperty without permission at 9:45 p.m., Aug. 19.

September 4, 2014 - 2:49pm
posted by Billie Owens in Le Roy, accidents.

A vehicle is on its side following a rollover accident at 107 North St., Le Roy. It's said to be in front of the cemetery.

UPDATE 3:05 p.m.: Patient extricated.

September 3, 2014 - 10:03am
posted by Howard B. Owens in batavia, crime, Le Roy.

Joseph M. Marranco, 43, of Walnut Street, Batavia, is charged with criminal possession of a hypodermic instrument, unlawful possession of marijuana and possession of controlled substances outside original container. Marranco was arrested following the report of an overdose at 10:40 p.m. Monday at an apartment on East Main Street. Marranco was allegedly found in possession of a hypodermic needle, an assortment of controlled prescription medications outside their original container and marijuana.

Travis M. Blue, 30, of Ellicott Street, Batavia, is charged with harassment, 2nd. Blue allegedly made a threat of physical contact during an incident reported at 9:35 p.m., Monday, at a location on Ellicott Street.

Randy Kevin Wilmet, 37, of Lake Street, Le Roy, is charged with harassment, 2nd. Wilmet allegedly struck another person in the face with his forearm during an incident reported at 6:30 p.m., Saturday, at a location on South Main Street, Batavia.

Jeffrey C. Pero, 31, of Brooklyn Avenue, Batavia, turned himself in on a warrant for an unpaid parking ticket. Pero posted $100 cash bail and was released.

Kritin S. Payne, 31, of South Main Street, Batavia, turned herself in on on a warrant for an unpaid parking ticket. Payne paid $45 of a $100 bail and was released.

Michael David Senay Jr., 20, of Valley View Drive, Batavia, is charged with unlawful possession of alcohol by a person under age 21. Senay was allegedly in possession of alcohol during a traffic stop at 1:14 a.m. on Clinton Street, Batavia, by Deputy Joseph Corona.

Stephen Bakos, 55, of Alexander, is charged with DWI following a traffic stop on Silver Lake Road, Perry. Bakos was stopped for an alleged equipment violation. According to New York State Police, Bakos operated the vehicle while under the influence of alcohol. Bakos reportedly failed a roadside field sobriety test and was taken into custody. He is accused of refusing to provide a breath sample for analysis.Bakos was jailed on $1,000 bail. 

September 2, 2014 - 6:08pm
posted by Billie Owens in batavia, crime, Le Roy.

Thomas A. Gorrow III, 23, of 59 Mill St., rear apt., Le Roy, was arrested based on a complaint from last evening (9/1/2014) that he allegedly unlawfully entered a neighbor’s apartment and while inside damaged both a stove and a window. Gorrow was initially taken into custody by the Le Roy Police Department under section 9.41 of the Mental Hygiene Law and transported by ambulance to a hospital for evaluation, but allegedly left the hospital without the medical staff’s knowledge and/or permission. Gorrow was located at work and arrested by the Le Roy Police Department and charged with one count each of burglary, 2nd, a Class C felony, and criminal mischief, 3rd, a Class E felony. Gorrow was arraigned before the Hon. D. Sehm of the Le Roy Town Court and released under the supervision of Genesee Justice.

Roberto Varona-Gonzalez, 57, of Clifford Avenue, Rochester, is charged with evading or defeating cigarette tax. It is alleged that he possessed 31 cartons of cigarettes or 6,200 cigarettes following a traffic stop on Bank Street Road in the Town of Byron. He was issued an appearance ticket and is to appear in Byron Town Court at 5 p.m. on Sept. 22.

Thomas A. Webb, 54, of Gifford Street, Syracuse, is charged with criminal possession of a forged instrument, 2nd, and grand larceny, 4th. He was arrested on the charges after allegedly cashing a forged check at a bank. The investigation was  conducted in coordination with the Le Roy Police Department. Webb was arraigned in Batavia City Court and put then put into Genesee County Jail in lieu of $10,000 bail. He is set to appear back in court at 11 a.m. on Sept. 11.

Joshua Lee Baltz, 38, of West Main Street, Batavia, is accused of first-degree criminal contempt. He was arrested for allegedly making phone calls from the county jail on Aug. 30 to a protected person, in violation of a stay-away order of protection.

August 31, 2014 - 2:43pm
posted by Howard B. Owens in crime, Le Roy.

A partially submerged vehicle in a water-filled quarry off Circular Hill Road in Le Roy caught the attention of a Hanson Aggregates employee this morning.

He called the Dispatch Center at about 10 a.m. and reported his find, which generated a response from the Sheriff's Office, State Police and the Le Roy Fire Department. 

"Our first concern was how it got there and if anybody was still inside it by chance," said Sgt. Jon Szumigala, of the Sheriff's Office. "The report we received is that the vehicle looked like it had  been there for quite some time. But we had to check and see if by chance if anybody was in it."

Water rescue teams for Le Roy fire and City fire checked the vehicle and surrounding water and the search indicated there were no victims of a crash.

Firefighters retrieved the vehicle's license plate number and VIN number. It was a 2013 Jeep Wrangler stolen May 20 in Pittsford, Szumigala said.

The vehicle dropped some 40 or 50 feet from the cliff to the rocky shore below.

"It appears that at one one point it was completely submerged and that's why it's taken so long for someone to actually spot it," Szumigala said.

A tow truck from Stella's Collision was called to the scene to retrieve the vehicle.

Satellite image from Bing: This isn't an exact representation of the landscape at the quarry today. There is quite a bit more growth along the northern side of the quarry and on the seemingly manmade plateau in the northeast corner. We've added a red dot for the approximate location of where the vehicle was found.

August 30, 2014 - 3:38am
posted by Howard B. Owens in crime, Le Roy.

Deputies are at a residence on Griswold Road in Le Roy and have requested at least three ambulances for "several" victims of an assault.  

Two victims have been mentioned with specific injuries, both women, one wth a head injury who is now in and out of consciousness. 

Le Roy Ambulance and Mercy EMS responding.

August 28, 2014 - 6:52pm
posted by Howard B. Owens in crime, Le Roy.
Terrance Falk

An attorney and former Le Roy resident is accused of stealing settlement money from a client for whom he helped win a judgement in November, 2012.

Terrance A. Falk, 49, of 16 Woodsmeadow Lane, Rochester, is charged with charged with grand larceny, 3rd, following an investigation by Le Roy PD.

An investigation began after police received a complaint that from 2009 until the suit was settled, Falk represented the complainant. Falk allegedly received $15,000 from the other party on behalf of the victim, but misappropriated the funds. 

Grand larceny, 3rd, covers thefts of $3,000 or more.

Falk was arraigned and released on his own recognizance.

August 28, 2014 - 9:14am
posted by Howard B. Owens in batavia, crime, Oakfield, Le Roy, Pavilion.

Forrest Ansel III, 24, of East Main Street, Batavia, is charged with assault, 2nd. Ansel is accused of punching a relative several times, causing physical injury. The alleged victim is over 65 and more than 10 years older than Ansel. Ansel was arraigned and released under supervision of Genesee Justice.

Paul C. Ferraro, 19, of South Pearl Street, Oakfield, is charged with grand larceny, 3rd. Ferraro is accused of stealing more than $3,000 over a two-month period while employed at Save-A-Lot. Ferraro was jailed without bail.

Thomas Webb

Thomas A. Webb, 54, of Syracuse, is charged with criminal possession of a forged instrument, 2nd. Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene, but the other person fled before police arrived. Police recovered the checks and the IDs of both suspects. The investigation indicates at least one other person may be involved. That person appears to have supplied the forged checks to the suspects and similar checks that were cashed at another bank branch in the City of Batavia. Le Roy PD and Batavia PD are working together in an ongoing investigation.

Timothy J. Lewis, 20, of Ellicott Street Road, Pavilion, is charged with harassment, 2nd. Lewis is accused of hitting a family member and a friend while in the parking lot of Oliver's Candies at 3:30 a.m., Wednesday.

Katherine S. Thomas, 41, of Ross Street, Batavia, is charged with disorderly conduct. Thomas is accused of intentionally breaking a glass mug on the sidewalk in front of her residence, causing a physically offensive and hazardous condition.

August 27, 2014 - 6:59pm
posted by Howard B. Owens in BARNS, genesee county, photos, Le Roy, Stafford.

The morning in Batavia started out kind of gloomy, but by the afternoon, the skies had cleared a bit and it was another beautiful day in Genesee County.

Above, a tree and barn off Selden Road, Le Roy.

A barn on Thwing Road, Stafford.

The view from Clinton Street Road, Stafford.

And below, three shots of Richard Oderkirk's sunflowers in Stafford.

August 27, 2014 - 2:37pm
posted by Howard B. Owens in Le Roy.

Contractors are continuing work today on the repaving of Route 5 through the Village of Le Roy, creating a bit of a traffic snarl.

August 27, 2014 - 8:30am
posted by Howard B. Owens in batavia, crime, Le Roy.

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

August 26, 2014 - 11:30pm
posted by Howard B. Owens in Le Roy.

Le Roy resident Mike Risewick, returning from his second deployment to the Middle East, got a grand welcome home tonight, including a shuttle pick-up with friends and family at the Rochester Airport courtesy S&S Limousine. The Le Roy Fire Department provided a lights and siren escort from the I-490 into the village.

It's the kind of welcome, Risewick noted, that only happens in a small town. And only in a small town do friends and neighbors look out for the families of men and women deployed overseas.

"It's incredible," Risewick said of the welcome. "I certainly didn't expect it. It's easy for me to go do this, but all the time in the back of your mind, you're always worried about how the family back home is making out. Le Roy, the town, has just been great. The friends, all the carpooling rides, everybody coming together to make sure my wife and kids were taken care of. I couldn't ask for any more than that."

Risewick, who is with Bravo Company 6442 ASB (helicopter maintenance) has been in the military for 32 years, including three years active duty and the rest of the time attached to the National Guard. He was previously deployed to Iraq. This latest deployment -- which started in October with a trip to Ft. Hood in Killeen, Texas -- was to Kuwait.

Risewick with wife Linda and sons Eric and Adam.

Sign outside Spirit's on Lake Street this evening.

August 26, 2014 - 6:15pm
posted by Howard B. Owens in business, Le Roy, zoning, frost ride.

Marney Cleere, one of the co-plaintiffs in the pair of lawsuits filed against Frost Ridge over alleged zoning violations and live music at the venue, spent a lot of time on the witness stand today.

Cleere was called to testify in a hearing aimed at establishing when the statute of limitations' clock started ticking on a Le Roy Zoning of Board of Appeals determination that all activities at Frost Ridge are "grandfathered in," and whether that ZBA determination was made properly.

David Roach, the attorney Frost Ridge, and the campground's owners, Greg and David Luetticke-Archbell, called Cleere to try and establish what the Oatka Trails Road resident knew about the Sept. 25 ZBA decision and the day she knew it.

If she knew about it before April 8, it could mean there is evidence to establish that her and her co-plaintiffs did not file their complaint in a timely fashion. Depending on how Noonan interprets the law and case law, that could mean at least a portion of their suit against Frost Ridge could be thrown out of court.

Cleere testified today that she received a copy of the minutes from the Sept. 25, 2013 ZBA meeting on March 26, 2014.

Getting that admission from Cleere took dozens and dozens of questions from Roach and attorney Karl Essler, representing the ZBA, which is a co-defendant in the Cleere/Collins lawsuit.

Frost Ridge is also being sued by the Town of Le Roy.

Roach started his questioning by establishing that Cleere had an e-mail address with a username and password that only she could access.

He then showed her an e-mail from Patty Canfield, the Le Roy town clerk, to her e-mail address.  

Cleere never admitted to having previously seen the e-mail, but said she couldn't say that her e-mail account was hacked or that the e-mail could be fraudulent.

Once, when asked by Roach if the e-mail was sent to her, she responded: "It has my e-mail address on it, yes."

The e-mail is from early October.

It appears to have had three attachments (not included with the printed e-mail used as evidence). Those attachments were supposedly the ZBA minutes from June 11, July 23 and Aug. 27.

Roach quoted Canfield as writing, "I believe they will approve Sept. 25. minutes at next meeting."

Asked if the e-mail from Canfield was in response from Cleere for a copy of the Sept. 25 meeting minutes, Cleere said she would have to review her e-mails to answer the question.

She had no recollection of requesting those specific minutes from the town.

Later in her testimony, Cleere said she didn't request them until March because she didn't know that the minutes existed nor that Frost Ridge was discussed at the Sept. 25 ZBA meeting. Her request was prompted by communications with attorneys from both sides of the dispute, according to her testimony.

Asked several times in different ways if she took any action between October and March to obtain a copy of the Sept. 25 meeting minutes, Cleere responded, "I didn't know of that meeting, so what would have caused me to request those minutes?"

She obtained the copy of the Sept. 25 minutes from Code Enforcement Officer Jeff Steinbrenner, who, according to testimony by himself and other prior witnesses, kept all the minutes in a file in his office.

Cleere also testified -- while being questioned by her attorney Mindy Zoghlin -- that she became angry when she learned about the Sept. 25 meeting in March.

"Obviously, we were furious that we weren't made aware of this meeting," Cleere said. "We didn't understand why we weren't made aware of this, why it took six months."

Cleere said the package of material she received from Steinbrenner contained no application from Frost Ridge, no supporting documents and no notice of public hearing.

Part of what Zoghlin is trying to establish is that the ZBA's determination lacked jurisdictional validity. 

If she can show that the ZBA acted outside the scope of the law, the Sept. 25 determination would be meaningless and, potentially, the statute of limitations question becomes moot.

Zoghlin spent a lot of time today questioning David Luetticke-Archbell about his interpretation of communications from the town, what they meant, what he understood and what he believed, all in an effort to draw a distinction between the campsite zoning issues at Frost Ridge and the issue of live music.

Zoghlin argued that the zoning issues and the music issue are completely separate issues. The zoning issues, according to her, require a zoning variance, while the live music issue requires an area variance, a use variance or a special-use permit.  

If the ZBA wasn't considering live music at its Sept. 25 meeting (and Board Chair Debbie Jackett testified clearly that it did), then the ZBA determination is reduced to only a consideration of campsite placement and use.

As Zoghlin repeatedly asked questions to try and get Luetticke-Archbell to discuss these topics as separate issues, often with objections from Roach, the parade of objections eventually flared up, resulting in both attorneys making lengthy arguments to Noonan about why, or why not, the line of questioning was relevant.

"We can't just pull out of thin air the separation of the two issues because the record already states they're one issue," Roach said.

"The record" being a reference to a couple of documents already in evidence, including a letter from Steinbrenner to Frost Ridge that treats live music as just one in many alleged zoning violations.

"The communication that triggered the ZBA hearing didn't come directly from code enforcement (a reference to a supposed copy-and-paste by Steinbrenner of a message from Town Supervisor Steve Barbeau)," Zoghlin said. "That communication, while inartfully drawn, had the effect of mixing up and confusing two issues. ... 

"When we get to the jurisdictional issue," Zoghlin continued a statement or two later, "NYS town law and Town of Le Roy zoning code requires an application so we can avoid this kind of problem, so when the ZBA considers something, they have some type of idea exactly what they are being asked to rule on.

"There's no application here," she said. "To say the documents speak for themselves doesn't really help. To compound the problem, nothing was published anywhere so that anybody in town had any inkling the ZBA might consider a determination. The entire procedure is flawed from beginning to end so that it doesn't determine anything. I don't understand the thought process that says they're not asking for two things that are totally different in a way that makes any sense."

Noonan overruled Roach's objection, but also expressed skepticism about Zoghlin's line of questioning. 

"Maybe I'm missing something," Noonan said. "I realize zoning is a highly technical issue conducted by lay people who sometimes make mistakes in the process, but I don't see how going through the thought process of people gives us any enlightenment that will help me to decide this case when the case is based on documents."

With the hearing completed today, now we wait.

The attorneys will draft memos of facts and case law for Noonan to consider prior to issuing his ruling. Those documents are due Sept. 29. Noonan didn't indicate how long it would be after that before he issues a ruling on these motions.

Without a complete dismissal of the case, there will be more court appearances before the lawsuits are decided.

In the meantime, the Marshall Tucker Band is scheduled to play The Ridge on Sept. 6.

Noonan continued his order lifting the ban on live music at Frost Ridge, which allows the Sept. 6 concert to go forward as planned.

Two shows that were previously postponed because of the restraining order. John Michael Montgomery and Jason Michael Carroll have been rescheduled to dates near the end of October. The fate of those shows may depend on the status of the legal case at that time.

August 26, 2014 - 9:39am
posted by Billie Owens in Le Roy, accidents.

A tractor-trailer accident is reported at 8745 Lake Street Road in Le Roy, in front of Dr. Vladimir Gaspar's office. It is blocking the roadway and several wires were pulled down. Le Roy fire and medics are responding. National Grid has been advised, no ETA given.

UPDATE 10:53 a.m.: The Le Roy assignment is back in service.

UPDATE: Both doctor Gaspar's office and Urgent Care will beclosed for the remainer of the day so repairs can be completed of the damaged electrical lines.

August 25, 2014 - 11:39am
posted by Howard B. Owens in batavia, crime, alexander, Darien, Le Roy.

Christopher James Clark, 34, of Pearl Street, Batavia, is charged with petit larceny. Clark allegedly stole a knife at Walmart and then while inside the store allegedly used it to try and open packages containing drill bits. He tried to abandon the alleged stolen property under the vehicle in the parking lot when police arrived.

Carrie M. Capizzi, 30, of West Main Street, Batavia, is charged with felony DWI, aggravated unlicensed operation, 1st, driving without an interlock device and open container. Capizzi was stopped at 10:01 p.m. Thursday at 12 City Centre, Batavia, by Officer Chad Richards.

Kathleen E. Gonzalez, 52, of West Main Street Road, Batavia, is charged with petit larceny. Gonzalez is accused of stealing three packages of steak from Save-A-Lot in Batavia.

Lizbet D. Cramer, 37, of Lewis Place, Batavia, is charged with two counts of endangering the welfare of a child. Cramer allegedly left her 4- and her 15-year-olds unattended. The 4-year-old was allegedly abandoned at Austin Park for at least one hour before police were notified.

DaShawn A. Butler, 34, of Walnut Street, Batavia, is charged with harassment, 2nd. Butler allegedly issued a verbal threat of harm to another person.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with endangering the welfare of a child and forcible touching. Benz allegedly had inappropriate contact with a person under age 17 while at a playground at Jackson School at 4:33 p.m. on Aug. 11.

Nefetiria L. Turner, 32, of South Main Street, Batavia, was arrested on three warrants for alleged failure to appear on charges of unreasonable noise charge, aggravated unlicensed operation and harassment, 2nd. Turner posted cash bail and was released.

Deavin Herman, 20, of South Main Street, Batavia, is charged with petit larceny. Herman allegedly stole a bicycle from a location on Walnut Street.

Shane Zimblis, 43, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Zimblis was allegedly found in possession of marijuana during a warrant arrest.

Scott Allen Cratsley, 43, of Oak Street, Batavia, is charged with dog running at large. Cratsley's dog was allegedly seen running at large by Officer James Defreze and Sgt. Dan Coffey. That breed of dog, a St. Bernard, has allegedly been seen running at large several times previously.

Alexander L. Jordan, 19, of Pine Terrace, Macedon, was arrested on a warrant for alleged failure to appear on a third-degree menacing charge. Jordan posted $500 police bail and was released.

Michael S. Garrett, 23, of Washington Avenue, Batavia, turned himself in on a warrant for alleged failure to appear on a parking on city streets ticket issued March 18.

Forrest Ansel, 24, of Cone Street, Batavia, is charged with petit larceny and criminal contempt. Ansel allegedly went to the residence of a protected person. He allegedly stole property of that person.

Lawrence William Worsley, 34, of Presbyterian Street, Knowlesville, is charged with disorderly conduct. Worsley allegedly became verbally and physically abusive while at the Viper ride at Darien Lake Theme Park at 6:20 p.m., Sunday.

Jared Lewis Long, 44, of Clinton Street Road, Stafford, is charged with unauthorized use of a motor vehicle. Long allegedly took the Chevrolet Equinox of his girlfriend without her permission. The vehicle was returned to the residence and Long was ordered to stay away from the residence. He was later found by Sheriff's K-9 in a field behind the residence. 

Jessica Lynn Hill, 29, of Leonard Street, Mattydale, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right of way and license restriction violation. Hill was stopped at 10:45 p.m. Thursday on West Main Road, Batavia, by Deputy James Diehl.

William Allen Roll, 54, of Clinton Street, Attica, is charged with harassment, 2nd. Roll allegedly punched another person in the face at 3:54 a.m. Saturday while at an apartment on West Main Street Road, Batavia. Roll was jailed on $500 bail.

Karen A. Lemaster, 54, of Batavia, is charged with driving while impaired by drugs, 1st. Lemaster was stopped at 4:30 p.m. Saturday on Ohio Street, Village of Medina, by State Police.

Rhonda L. Reisman, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or higher. Reisman was stopped at 2:35 a.m. Sunday on Route 33, Stafford, by State Police.

Brian C. Reynolds, 33, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Reynolds was stopped at 11:32 p.m. Thursday on Route 20, Alexander, by State Police.

Erica A. Cook, 26, of Webster, is charged with DWI and driving with a BAC of .08 or greater. Cook was stopped at 11:45 p.m. Thursday on Route 20, Alexander, by State Police.

Zachary W. Plath, 21, of Le Roy, is charged with DWI and driving with a BAC of .08. Plath was stopped at 12:20 a.m. Friday on Route 20, Alexander, by State Police.

Pages

Calendar

S M T W T F S
 
 
 
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
 
 
 
 
 
 

Copyright © 2008-2014 The Batavian. Some Rights Reserved. Privacy Policy | Terms of Service
Original content available for non-commercial use under a Creative Commons license.
Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

blue button