Le Roy

Tree, Bernd Road, Le Roy.

Starting Feb. 6, Village of Le Roy residents used to garbage pick-up on Thursdays will need to start putting out their trash on Wednesdays.

The village, in an attempt to help their refuse collection contractor hold down costs, has agreed to Wednesdays-only pick-ups, eliminating Thursday collection.

"They could really use us to go to one day to help them through these tough financial times," Mayor Greg Rogers said.

Rogers said the switch could help the village stave off a rate increase, though negotiations are not yet completed with the company.

Le Roy will receive a $421,000 grant from New York for sidewalk improvement under a program designed to ensure sidewalks are safe for children walking to school.

The village must still finalize its improvement plans.

"We weren't expecting this much, but we'll put it to good use," said Mayor Greg Rogers.

Meanwhile, the village lost out on grant applications for tree planting and a DEC water quality grant.

"We are actively perusing other grants, trying to get some of the tax money back residents already paid and (have it) returned to the community," Rogers said.

One thing Rogers would like to see the village explore with the sidewalk grant is replacing street lamps on Main Street. He isn't sure that's permissible, but he thinks the lamps could be more attractive, pointing to Downtown Batavia's street lamps of an example of what's possible.

"It's more of a cosmetic thing and how far the grant will take us, I don't know," Rogers said. "It's not a top priority."

The main purpose of the grant will be to replace sidewalks that need to be replaced along routes frequently used by children going to school.

All the experts agree, as Bob Fussell pointed out Wednesday night, the Wiss is structurally sound, but that doesn't mean it's not on shaky ground.

Wednesday, the Village of Le Roy trustees took two key steps that all but guarantee the irreplaceable building's destruction. The board failed to vote on a motion to make a counteroffer for a group of local residents to buy the property and then passed a motion to seek requests for proposal to have the old hotel demolished.

"You're being given an opportunity to have this $250,000 -- maybe half a million -- headache taken off your shoulders and you're asking us to pay $10,000 to boot," Fussell said. "We're probably willing to pay you that $10,000 just because we care about the community.

"We're willing to do something for you that's a huge value and every expert who's looked at it said it's remediable, even Clark Patterson has said you can remediate that."

The reference to Clark Patterson goes back to a three-page letter trustees discussed to kick off the meeting. Trustee Robert Taylor, according to Mayor Greg Rogers, was concerned about the condition of the Wiss and asked engineers from Clark Patterson Lee Design Professionals in Rochester to inspect the building.

Their three-page report, as discussed by trustees, said the building is currently a danger to the public. Youths have trespassed on the property and there are several potential safety issues that need to be addressed immediately.

But as Trustee Jennifer Keys pointed out, the engineers didn't say the building needed to be demolished, and on a merely visual inspection, they found no structural defects.

A more thorough inspection might be required to find any serious problems.

Trustees Taylor, Jim Bonaquisti and Mike Tucci all seized on the report to call for the building's immediate destruction.

"Obviously, this report kind of opened my eyes to a lot of different things," Bonaquisti said.

He noted that his family once owned the building so he knows the roof has been leaking for 30 years and that there have been no tenants on the third floor, because of the leaks, for those three decades.

He said the report noted that youths have apparently been playing beer pong in the vacant building.

"A great concern of mine is that somebody is going to get hurt," Bonaquisti said. "Now there's talk of somebody signing a release from liability and going in and putting a tarp on the roof. Even though we might not be legally liable, it sure would not make me feel very good if somebody went in there and got hurt."

Taylor said one of the things he learned from the report that makes him more comfortable with tearing the Wiss down is that the neighboring building and the Wiss don't share a common wall, so destruction of the Wiss won't harm the other building.

"And the very last paragraph of the report says that some major structural problems may have eluded detection because of limited access to some areas of the building," Taylor said.

Tucci said the report, in his mind, cements the idea that the Wiss needs to be demolished.

"It needs to come down and it needs to come down now," he said. "The report talks about the danger it poses to life and proprty and the surrounding area. If we continue to let it sit there and collect snow that melts and freezes and does it all over again, it's putting the assets of the village at risk."

Fussell, an attorney with experience in liability law, was taken aback by the sudden concern over liability for the village by Bonaquisti, Taylor and Tucci.

If there was such a concern for the danger of the building, Fussell asked, how come the insurance company for the village hasn't been demanding a cover on the roof or a scaffolding around the building or otherwise pushed the village to ensure the safety of the building?

"We've put in a lot of money and a lot of effort to do something for this community and all of the sudden these bogeymen concerns about liability," Fussell said. "You know I know a lot about liability.

"I'm a trial lawyer. I've been doing it for 40 years. I know a great deal about it. I know that this baloney that you've got about liability is nothing more than that. I'll be very blunt in telling you that."

Former Mayor Jim DeLooze -- who owns a building on Main Street that he said he's invested $250,000 in -- said he's very concerned about the fire danger presented by the Wiss. The first fire wall on Main Street isn't until 60 Main St. The fire department said six years ago, it won't fight an interior fire in the Wiss, but will only fight it from the outside, according to DeLooze.

"The number one responsibility of you five people is the safety of the people of this community," DeLooze said at the start of his statement, and concluding, "I have a very big concern that if that thing ever did catch fire, my building is possibily going to be in danger also. So I'm asking you as a former mayor, please do the right thing and have the thing taken down as quickly as possible."

DeLooze also questioned the historical value of the Wiss, and fellow Main Street property owner Jack Hempfling questioned its esthetic value.

"Most of the younger generation I talk to would feel like Walgreens and the Bank of Castile are the best looking things on Main Street," Hempfling said. "They're certainly not historical, but they (replaced the) eyesores that were taken down. Regardless of what anybody is talking about doing with the Wiss, it's still going to be one of the remaining eyesores in Le Roy.

"They say they're caring for the community. Some of us would think caring for the community isn't keeping it looking like it was in the 1930s. Some of us would say caring for the community is bringing it down and widening the intersection."

Lisa Compton said that since talk of saving the Wiss made the news, it's drawn interest from members of the Genesee County Landmark Society and the NYS Landmark Society, that even a trustee in Bethany has expressed an interest in investing in the project.

While the Wiss itself isn't historical, the structure could play an important role -- and losing it could diminish the chances -- of declaring the village a historic district.

"It's a significant part of the district," Compton said.

Mayor Rogers said he was only looking at the Wiss as a business proposition, which is why he put considerable time into drafting a counterproposal for the LLC to purchase the building.

"While their vision for the Wiss Hotel is nowhere shape or form what mine is, but from what I'll call a business standpoint, we always hear from people who tell you what they can't do, but very seldom do you hear from people who tell you what they can do," Rogers said. "We have people here who are the latter, who are willing to take a chance, who have invested their own money already and, quite frankly, if successful, would save the village $200,000.

"I don't believe they are looking to renovate the building to have the building be the eyesore it is now," Rogers added. "If somebody were to look into the future and think that's their vision, just to have the doors open over there, I would like to think in no way shape or form that's the ideal they have coming."

Rogers' counteroffer included a specific timetable for the LLC to meet, such as being legally formed, securing financing, taking possession of the building, shoring up safety issues and beginning renovations, as well as paying the village $10,000 once a certificate of occupancy was issued.

One of Tucci's objections to the project was that he didn't think the LLC could successfully rent the apartments. Fussell said there would be more market research done before the final floor plan was completed and if the market couldn't sustain five more expensive apartments, then seven could be put into the space at a lower monthly rent. Rogers pointed out that what the LLC did with the building once it owned it wasn't really a matter of village business.

When he called for a motion to approve the counteroffer, Jennifer Keys made the motion, but there was no second, so it died for lack of support.

Talk of possible ground contaminates that could drive up the demolition costs, perhaps to $500,000, almost had Bonaquisti convinced to back the sale to the LLC, but others pointed out that there is no evidence of ground contaminates under the Wiss.

With the counteroffer killed, Tucci made a motion to have the building demolished. This was amended to see requests for proposal to find out exactly how much it would cost the village to tear down the Wiss.

This motion passed 3-2, backed by Tucci, Taylor and Bonaquisti.

Photo: Bob Fussell.

A tree and wires are reportedly down in the roadway at 8 Platt Ave. in Le Roy. The fire department is responding. The location is between George and Elm streets. The Department of Public Works is on scene.

UPDATE 3:03 p.m.: The wire is determined to be a cable line.

Le Roy Fire Department is being dispatched to 78 Lake St. for a possible electrical fire in a second-floor apartment.

A Le Roy police officer is on scene with the building's owner who reports a circuit breaker has been tripped and there is an odor of burning plastic, but no smoke.

Bergen fire is requested to the scene non-emergency.

UPDATE 10:58 p.m.: Bergen can go back in service. Le Roy responding non-emergency.

UPDATE 11:05 p.m.: Negative results from thermal imaging cams. Some Le Roy units going back in service.

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A former Le Roy resident who was involved in a scuffle with police June 17 when a deputy tried to arrest her son entered a guilty plea today to one charge against her but would not admit to using a knife against the deputy.

Elaina J. Mead, 43, formerly of 21 Maple Ave., Le Roy, now a resident of Varysburg, entered a guilty plea to attempted menacing a police officer under what's known as an "Alford Plea." It means Mead believes a jury would convict her at trial, but she's not admitting to the actual events alleged against her.

Mead did admit that she tried to interfere with Deputy Matthew Butler's attempt to arrest her son, 25-year-old Michael Mead Sr., on a warrant (see correction below), but when Judge Robert C. Noonan asked her if it was true that she placed a knife to Butler's chest and placed Butler in fear of his life or serious injury, she said she did not.

The plea satisfies all counts against Mead, which included assault, 2nd, criminal possession of a weapon, 3rd, and obstructing governmental administration, 2nd. The maximum sentence under the terms of the agreement are up to 15 days in jail and four months intermittent jail time and a $5,000 fine.

Assistant District Attorney Kevin Finnell said that if the case went to trial, Officer Emily Clark, Le Roy PD, would testify that Michael Mead was resisting arrest and she and Butler were wrestling with him when people from inside 21 Maple Ave. started throwing small household objects at the officers.

Clark would say, Finnell said, that she saw Elaina Mead exit the house with a knife in her hand and approach Butler and place the knife against Butler's chest.  According to Clark's version of events, Clark yelled, "knife, knife," and then let go of Michael Mead's legs and knocked the knife from Elaina Mead's hand, sustaining a small cut in the process.

Last month Sheriff Gary Maha presented Clark with a Certificate of Appreciation and Butler a Commendation for their conduct during the confrontation.

UPDATE and CORRECTION: We should have included that Mead could also get five years probation. Also, the information that Butler was at the residence to execute a warrant is a mistake from the initial report that I forgot (while writing this) was later corrected. Butler and Clark went to the residence to question Michael Mead on an alleged violation of a court order investigation. When Butler attempted to arrest Mead, that's when he allegedly resisted arrest.

Jamie S. Schlonski, 40, an inmate in the correctional facility in Collins, is charged with burglary, 2nd, and criminal possession of a forged instrument, 2nd, and petit larceny. Schlonski was charged following an investigation by Le Roy PD into burglaries in August in the village. The victim reported numerous checks stolen and cashed in the village. Schlonski was living in Le Roy at the time and was later identified as a suspect.

Rebeca Lynn Rose, 26, of North Street, Le Roy, is charged with petit larceny. Rose is accused of shoplifting clothing from Target on Thursday. Also charged with petit larceny was Megan Lynn Furr, 26, of North Street, Le Roy.

Alicia M. Stankwick, 21, of 2955 Angling Road, Corfu, is charged with harassment, 2nd.  Stankwick is accused of sending unwanted text messages to a male whom she was advised by a Batavia PD officer the day before not to contact.

Ryan C. Cook, 34, of 7 Mill St., Batavia, is charged with harassment, 2nd. Cook is accused of having unwanted physical contact with a woman.

Kristen L. Brightenfield, 19, of Stafford, is charged with criminal mischief 4th/prevention of emergency call. Brightenfield was arrested by State Police for an alleged incident reported at 2:17 p.m. on Wednesday. No further details were released.

A one-vehicle rollover with entrapment is reported at 6833 W. Main St. Road in Le Roy. There is also a telephone pole down. The driver is alert and talking but is upside down and held in place by her seat belt. The car is on its roof. Le Roy fire and ambulance are responding. The location is west of the two car dealerships on that stretch of roadway.

UPDATE 6:50 a.m.: Fire police are shutting down the road in the vicinity of the accident scene.

UPDATE 6:55 a.m.: Route 5 at Bater Road is shut down. The address of the accident is determined to be 6919 W. Main St. Road.

UPDATE 7:04 a.m.: Fire police are told to open up the road.

UPDATE 7:05 : The Le Roy assignment is back in service. A tow truck is expected there in about 10 minutes. Law enforcement is on scene.

UPDATE 7:16 a.m.: The driver is being transported to UMMC.

UPDATE 7:27 a.m.: The patient is a 36-year-old woman complaining of neck pain.

Jakob Kosiorek, 20, of 24 Tracey Ave., Batavia, is charged with assault, 2nd. Kosiorek was arrested by Le Roy PD and accused of punching another person several times, causing a broken nose, cheek bones and several lacerations. Kosiorek was jailed on $10,000 bail.

Danielle M. Sundown, 30, of 4846 Livingston Street, Warsaw, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, uninspected motor vehicle and aggravated unlicensed operation. Sundown is accused of being involved in a motor-vehicle accident on East Main Street at 10:33 p.m., Friday. Sundown allegedly fled the scene and was located a short time later at a local business. Additional charges are pending.

Thomas Edward McFadden, 19, of North Main Street, Warsaw, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. McFadden was allegedly observed possessing and smoking marijuana by Deputy Patrick Reeves at 4:36 p.m., Monday, in the area of 127 North St., Batavia. Also charged with unlawful possession of marijuana were Brandon Michael Aquino, 17, of Linwood Road, Warsaw, and Chelsea Lynn Laley, 23, of North Main Street, Warsaw.

Charlee Nicole Tanner, 21, of West Avenue, Lyndonville, is charged with petit larceny. Tanner is accused of shoplifting $168.29 in merchandise from Kmart. Also charged with Tamera Antonia Dowdall, 26, of Beach Drive, Medina.

Robert Michael Freeman, 21, of East Avenue, Batavia, is charged with two counts of petit larceny. Freeman is accused of stealing from Target on Dec. 16 and Dec. 19.

A pair of Le Roy residents were reportedly arrested in Erie County on Sunday for allegedly selling counterfeit NFL merchandise at Ralph Wilson Stadium.

Charged with trademark counterfeiting were Kenneth Smith, 49, and Joshua Wyskiel, 31. Both men were taken into custody as part of a sweep of arrests of suspected fake NFL merchandise sellers.

From the Buffalo News:

Once the garments were identified as fake, Payne said he and fellow officers began making arrests throughout the Bills’ football season, with a “final sweep” of arrests Sunday.

“We started to see a lot of these unlicensed vendors walking around the stadium parking lots selling trademark counterfeit T-shirts and jerseys out of their backpacks,” Payne said. “The T-shirts were selling for $5 and the jerseys for $30. When somebody is purchasing a jersey, which normally sells for $100, that should be a clue it’s counterfeit.”

A lower portion of the building has a working fire at the Village Square apartments, 57 W. Main St., Le Roy.

Le Roy Fire Department dispatched.

 ... and (before we finish the post) the fire is out ...

Chief requests thermal camera to check things out.

UPDATE 6:21 p.m.: Le Roy fire back in service.

It was the kind of day I wish I had more time to drive around and make photos. There were moments of sun and blue sky.

I did a bit of that this morning when leaving Bergen, with a drive through Le Roy.

Heading back to Batavia, I noticed the snow-covered pines above in Stafford off Route 5 and thought they would make a nice picture -- if only there was blue sky behind them.

This afternoon, I noticed some blue sky to the northeast, so I headed out to Stafford for this shot.

The other photos below were taken this morning.

Street lights in the Village of Bergen.

First Presbyterian Church, Bergen.

These two trees between North Road and the 490 on ramp in Le Roy always fascinate me. 

I think the first barn photo I ever took for The Batavian (but not my first barn photo) was of this structure on North Road, Le Roy. It was probably March 2009 or so and all I had for a camera at the time was a Casio point-and-shoot. The photo got so many comments; it was an encouragement to take more barn photos.

Timothy L. Taylor, 38, of 219 N. Spruce St., #124, Batavia, is charged with assault, 3rd, criminal obstruction of breathing and reckless endangerment, 2nd. Taylor was picked up by the State Police at a location on West Main Street Road on an unrelated matter Saturday and turned over to the Batavia PD on a warrant for the listed charges. Taylor is also accused of violating the terms of Drug Treatment Court. Taylor was jailed on $5,000 bail for the alleged criminal offenses and $100,000 for the alleged violation of drug court terms. He is schedule to reappear in city court on Dec. 26.

Scott N. Cameron, 30, of 25 Vine St., Batavia, is charged with harassment, 2nd and endangering the welfare of a child. Cameron is accused of hitting a family member who is under age 17.

Benjamin L. Brade, 30, of 12 Denio St., Batavia, is  charged with criminal contempt, 2nd. Brade is accused of violating an order of protection by being under the influence of alcohol while with the protected party.

Carl I. Sherman, 33, of 68 Dix St., Rochester, is charged with aggravated harassment, 2nd. Sherman was picked up by Rochester PD and turned over to Batavia PD on a warrant related to the listed charges. Sherman posted $500 bail.

Emily V. Salvatore, 30, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Salvatore was stopped by State Police at 11:27 p.m., Friday, on Route 31, Albion.

John Lee Smith, 38, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, avoiding intersection, failure to keep right, moving from lane unsafely. Smith was stopped at 9:49 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Frank Bordonaro. Smith was allegedly observed avoiding the intersection at River Street and Main Street and not maintaining his lane.

Jeffrey J. Cervone, 44, of Skye Road, Basom, is charged with petit larceny. Cervone was taken into custody by the State Police out of Clarence and turned over to the Sheriff's Office on a bench warrant.

Gary Howard Waters, 35, of East Avenue, Gasport, is charged with DWI, driving with a BAC of .18, speed not reasonable and prudent, leaving the scene of a property damage accident and failure to keep right. Waters was arrested following an investigation by Deputy Jason Saile and Deputy Eric Seppala into a motor vehicle accident at 3:03 a.m., Saturday, on Lewiston Road, Oakfield.

Robert A. Barnhart Jr., of Le Roy, was arrested on a warrant by the Wyoming County Sheriff's Office. Barnhart is accused of owing several thousands of dollars in restitution from a prior case.

Every year I promise myself (and there's always a couple of requests) that this year I'm going outside of Batavia to shoot Christmas light pictures.  Tonight, I made it to Le Roy and then swung down to Pavilion.

If your house is in the gallery and you would like to purchase a print, click the "visit gallery" link in the slide show (I hear the metallic prints look really great).

Press release:

Due to an unexpected plumbing issue, Urgent Care at 8745 Lake St., Le Roy will be closed tonight, Dec. 19. They will reopen tomorrow, Dec. 20 at their regular time, 11 a.m. Patients who require urgent care services are encouraged to use the Batavia location at 16 Bank St.