Le Roy

Brandon Marshall Weig, 27, of Glen Meadow Drive, Lakeland, Fla., is charged with two counts of second-degree aggravated sexual abuse, assault -- injury to a person less than 7 years old, and sex abuse -- involving a person less than 11 years old. Weig fled Genesee County and was subsequently located at a family member's residence in Florida. He was extradicted and arraigned this morning on the charges in front of Genesee County Court Judge Robert C. Noonan. Weig is jailed without bail. He also has a bench warrant out against him from Genesee County Integrated Domestic Violence Court for failure to appear for sentencing. The case was investigated by Genesee County Sheriff's Deputy John Baiocco, assisted by Deputy Thomas Sanfratello.

Brian Allen Erbach, 32, of Attica Gulf Road, Attica, is charged with three felonies: aggravated DWI (driving with a BAC of .18 percent or higher), aggravated DWI with a child age 17 or younger inside the vehicle (Leandra's Law), and DWI; plus endangering the welfare of a child (a misdemeanor), and two traffic infractions -- speed not reasonable or prudent for a curve in the roadway and moving from lane unsafely. After allegedly crashing the vehicle he was driving on Buckman Road, Bethany, on Saturday afternoon, Erbach reportedly fled the scene with his children -- ages 1 and 2 -- to an address on Dublin Road. He left his children with a family friend there and went into a wooded area behind the residence. He was subsequently found by the investigating officer in the woods near a chicken coop. The case was investigated by Sheriff's Deputy Christopher Parker, assisted by Wyoming County Sheriff's Deputy Brad McGinnis, members of the NY State Police stationed in Wyoming and Genesee counties, and several other members of the GC Sheriff's Office. (Photo above from scene on Saturday.)

Julie L. Dutton, 20, of Ellicott Street, Batavia, is charged with first-degree criminal contempt and criminal obstruction of breathing. She was arrested after allegedly violating a complete stay away order of protection issued by Batavia City Court by staying in the same residence as the protected party. Dutton allegedly choked the protected party during this time. She was jailed without bail. The case was handled by Batavia PD Officer Jamie Givens.

Travis M. Blue, 31, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. Blue allegedly choked a person during an argument on April 22. He was issued an appearance ticket and is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Jamie Givens, assisted by Officer Christopher Camp.

Sarah M. Wilson, 31, of Hutchins Street, Batavia, is charged with second-degree harassment -- physical contact, and failure to obey a court order. She was arrested following a call about a physical domestic incident and it is alleged that she slapped a victim in the face. She was jailed and bail set at $1,000. The case was handled by Batavia PD Officer Devon Pahuta, assisted by Officer Chad Richards.

Terrance M. Schramm, 24, of Columbia Avenue, Batavia, is charged with third-degree assault following an incident which occurred at 8:40 p.m. on April 29 on Holland Avenue, Batavia. He was arrested after a fight that allegedly involved himself and four other people. One of the people Schramm allegedly assaulted received minor injuries. The case was handled by Batavia PD Officer Jason Ivison, assisted by Officer Devon Pahuta.

Terrance D. Johnson, 20, of Holland Avenue, Batavia, is charged with third-degree assault following an investigation into a disturbance on Holland Avenue. He is to appear in Batavia City Court on May 27. The case was handled by Batavia PD Officer Kevin DeFelice.

Samantha L. Gibbs, 25, of State Street, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation on April 26 into an incident where Gibbs, the sole caregiver to her children, was found to be intoxicated beyond the point where she could reasonably care for her children. She was issued an appearance ticket and is to appear in Batavia City Court at a later date. The case was investigated by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Scott Charles Rauth, 28, of Prole Road, Stafford, is charged with felony DWI, felony DWI with a BAC of .08 or higher, aggravated unlicensed operation in the first degree, unlawful possession of marijuana, and motor vehicle equipment violation for no/inadequate plate lamp. The charges stem from a traffic stop in the City of Batavia on East Main Street on April 22. Rauth is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Chad Richards, assisted by Officer Nedim Catovic.

Michael F. O'Neill, 44, of Englewood Avenue, Tonawanda, is charged with DWI with a prior conviction within the preceding 10 years, DWI with a BAC of .08 percent or more with a prior conviction within the preceding 10 years, aggravated unlicensed operation, 1st, unlawful possession of marijuana, and speeding -- 60 mph in a 30-mph zone. O'Neill was arrested April 19 as the result of a traffic stop on Oak Street in the City of Batavia. He was arraigned and jailed without bail and is to appear in City Court at a later date. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Carrie L. Blaszak, 44, of West Barre Road, Albion, was arrested April 26 and charged with DWI, refusing chemical testing, open container of alcoholic beverage, obstructed view, and failure to keep right. Blaszak was arrested following a traffic stop at 12:06 a.m. prompted by patrols observing a driver with "multiple signs of intoxication." She was jailed in lieu of $500 bail. The case was handled by Batavia PD Officer Nedim Catovic, assisted by Officer Eric Foels.

James Ryan Marino, 21, of Ogden Center Road, Spencerport, is charged with unlawful possession of marijuana, failure to obey a traffic device, drinking alcohol in a motor vehicle while on a a public highway, and operation of an unregistered motor vehicle on a public highway. He was stopped by law enforcement on Clinton Street Road in Stafford on April 30. He was issued an appearance ticket and is to appear in Stafford Town Court at a later date. The case was handled by Sheriff's Deputy Joseph Corona.

Monte J. Zurlo, 40, of Bloomingdale Road, Akron, is charged with driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent or more. The arrest followed a traffic stop on April 27. Zurlo is to appear in Batavia City Court on May 20. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Karen D. Bannister, 74, of 172 S. Main St., Apt. #207, Batavia, was arrested April 23 and charged with harassment. Her arrest was prompted by an ongoing issue between Bannister and her neighbors. It is alleged that Bannister has had repeated unwanted contact with her neighbors and had been advised by law enforcement to cease contact with them. She was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer Peter Flanagan, assisted by Officer Kevin DeFelice.

Sarah M. Wilson, 31, of State Street, Batavia, is charged with second-degree criminal contempt. Wilson is accused of disobeying a court order to stay away from a protected party in an order of protection issued by Batavia City Court. She was arrested April 29 and released on an appearance ticket for Batavia City Court on May 19. The case was handled by Batavia PD Officer Nedim Catovic.

Max Lyman Metcalf Jr., 34, Batavia-Oakfield Townline Road, Oakfield, was arrested April 24 at 9:21 p.m. on South Pearl Street in Oakfield following a traffic stop. Metcalf is charged with misdemeanor driving while intoxicated, failure to use turn signal, operating an ATV without headlights, unlawful operation of an ATV on a public highway, and operating an unregistered ATV. He was involved in a short pursuit with law enforcement after being observed by deputies allegedly riding his ATV down Route 63 before turning onto South Pearl Street in the Village of Oakfield. Metcalf allegedly fled east down the abandoned railroad bed into Alabama before being apprehended. He was issued an appearance ticket and is to return to Town of Oakfield Court on May 25. The case was investigated by Sheriff's Deputy Michael Lute, assisted by Deputy James Diehl.

Jeremy P. Almeter, 31, of Center Street, Batavia, is charged with second-degree harassment. On the morning of April 20, following a dispute with a friend, Almeter allegedly shoved a person and threw the person's coffee outside. He was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer James DeFreze, assisted by Officer Mitchell Cowen.

Willie J. Thomas, 39, of State Street, Batavia, is charged with disorderly conduct. He was arrested after allegedly punching a person while inside a public location on West Main Street. He is to be in Batavia City Court May 5. The case was handled by Stephen Cronmiller.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with trespass and petit larceny. Zimblis was arrested April 28 on West Main Street Road, Batavia, following a complaint from Mill Street where Zimblis allegedly stole some scrap metal. Zimblis is set to appear in Batavia City Court on May 12. The case was investigated by Batavia PD Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Kyle J. Burdick, 26, of North Lyon Street, Batavia, is charged with second-degree criminal trespass -- remaining in a dwelling. He was arrested after being found allegedly hiding in the back room of a divided basement which belonged to another tenant. The basement is separated by a wall and the door is secured door with a latch and padlock, which had been removed. He is to appear in Batavia City Court on May 19. The case was handled by Batavia PD Officer Jamie Givens.

Desmond L. Majors, 22, of Dewey Avenue, Rochester, was arrested April 24 on a bench warrant for failure to appear on two counts of second-degree harassment and one count of disorderly conduct. Majors was located by Rochester PD on an unrelated traffic stop and turned over the BPD. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Ricard F. Sarro, 20, of Jackson Street, Batavia, and Shawna L. Adams (no age provided), Mia Velletta (no age provided), and Cherub E. Madafferi (no age provided) are charged with unlawful possession of alcohol by a person under age 21. They were arrested after midnight April 26 following an investigation into an under-age drinking party at 108 Jackson St. where residents had previously been warned by law enforcement about providing alcohol to persons under age 21. The case was investigated by Batavia PD Officer Eric Foels, assisted by Officer Felicia DeGroot.

Taein Yoon, 22, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a child. Yoon, a Republic of Korea native here on a student VISA playing for GCC's Men's Soccer Team, was arrested April 26 following the report of Yoon hosting an under-age drinking party at his apartment. He was issued an appearance ticket and is to appear in Batavic City Court at a later date. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Sean E. Allen, 21, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a minor. Allen, a native of Ireland here on a student VISA playing for GCC's Men's Soccer Team was arrested April 26 following the report of Allen hosting an under-age drinking party at his apartment. He was issued an appearance ticket for Batavia City Court at a later date and released. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Chiyannon James Deforest Bundy, 27, of Gilbert Street, Le Roy, is charged with failure to pay fine. He was being held in Genesee County Jail on an unrelated matter and was arrested on a bench warrant from GC Court for failure to pay his fine. He was arraigned this morning and bail set at $1,000. He was then returned to jail. The case was handled by Sheriff's Deputy John Baiocco.

Jorge Sosa, 47, of Masseth Street, Rochester, is charged with a violation of probation. Sosa was located in Rochester by the Henrietta PD and found to have an active warrant out of Genesee County Court. He was brought to Batavia and jailed in lieu of $3,000 cash bail. The case was handled by Batavia PD Officer Frank Klimjack.

Susan Foley, 47, of Woodsfield Drive, Lakeview, is charged with issuing a bad check. She turned herself in on the charge after an arrest warrant was issued by Batavia City Court. On Dec. 3, 2013, she allegedly wrote a check to a business in the City of Batavia that was returned for insufficient funds. Foley posted cash bail and is to return to City Court on May 12. The case was handled by Batavia PD Officer Jamie Givens.

Sabaheta Jukic, 50, of Bamm Hollow Road, Clay, is charged with possession of more than 4,000 untaxed cigarettes, speeding -- 52 in a 40-mph zone, and following too closely. Jukic was stopped April 30 on Route 77, Town of Pembroke, and subsequently allegedly found in possession of 4,000 untaxed cigarettes. Jukic was issued a traffic summons and an appearance ticket and is to be in Town of Pembroke Court on May 26. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Andrea L. Hendrickson, 34, of Chesterton Road, Rochester, is charged with unlawful possession of marijuana, obstructed plate, and obstructed driver's view. Hendrickson was stopped on April 30 on Route 77, Town of Pembroke, for vehicle and traffic charges and subsequently allegedly found to be in possession of marijuana. She was issued a traffic summons and an appearance ticket for Town of Pembroke Court for May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Roxanne Lynn Battaglia, 49, of Belknap Street, Rochester, is charged with unlawful possession of marijuana. She was a passenger in a vehicle stopped on Route 77, Town of Pembroke, on April 30. She was subsequently allegedly found to be in possession of marijuana. She was arrested, issued an appearance ticket and is to appear in Town of Pembroke Court on May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Christian J. Finkney, 27, of North Pembroke Road, Batavia is charged with violating a condition of sentence. He was arrested on April 18 and released with an appearance ticket for City Court May 5. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Joseph M. Marsceill, 48, of Pringle Avenue, Batavia, was arrested April 8 on an outstanding bench warrant from Batavia City Court. The arrest came after a traffic stop on Liberty Street. Marsceill pled guilty to a previous charge of operating a motor vehicle with a suspended registration and he allegedly failed to pay the resulting fine. He was released after posting bail. The case was handled by Batavia PD Officer Nedim Catovic.

Corina M. Distefano, 24, of Mount Read Boulevard, Rochester, was arrested for failure to appear in court after being issued a traffic ticket. She was taken into custody upon her release from Monroe County Jail on an unrelated matter. She was put in Genesee County jail in lieu of $250 bail. The case was handled by Batavia PD Officer Devon Pahuta.

Michael S. Gumberts, 23, of Stony Point Road, Rochester, was arrested by Town of Gates PD following a traffic stop on April 20 and turned over to Batavia PD. He had a bench warrant for failure to appear in Batavia City Court. He was jailed in lieu of $300 bail. The case was handled by Batavia PD Officer Stephen Cronmiller.

Myrtle Burrell didn't want her picture taken. She isn't really interested in a news story about her. She only agreed to talk with a reporter because she had been wondering how best to thank all the people in Le Roy who have been such a big help to her these past few months.

The community rallied around Burrell after her husband, Roy, passed away, followed two weeks later by the death of her lone surviving sibling -- one of six, a sister in Poughkeepsie.

Roy and Myrtle moved into their small ranch house, brand new at the time, on Munson Avenue, in 1954. She worked at the Sylvania plant. He worked for Lapp Insulators.  

Eventually, the Sylvania plant closed. Myrtle took a year off, then went to work for the Le Roy PD, first as a dispatcher, then as a crossing guard, a job the 87-year-old Rochester native has now held for 30 years with no plans to quit.

Humble, diminutive, with a lyrical and mellifluous voice, Burrell said she overwhelmed by the generosity being shown her Sunday as a group of high school students and police officers raked leaves and spread mulch in her yard (Bubba's Landscaping donated the mulch).

The spring clean-up was the least they could do for a woman who has given so much to the community, said Officer Eric Miller.

"She's had a great impact keeping kids safe as they go to school in the morning and come back in the afternoon," Miller said. "We just want to give a little back to her."

Student Tom Kelso said he's known Burrell his entire life and understands how much people appreciate her.

"Parents have faith that their kids will get to school safe," Kelso said.

Burrell works three hours and 15 minutes a day on school days, in a morning shift and afternoon shift. 

Until her husband died, she had missed only one day of work (Roy, who worked after his retirement from Lapp at McDonald's on the Thruway, never missed a day of work in 17 years at that job).

"I love the kids," Burrell said. "The kids are really fascinating. They know my rules on that corner. They don't want to hear my whistle."

The love is mutual.

Children of all ages sent her cards and letters after Roy died. From the community, she received flowers, well wishes and assistance of all types -- including awning and gutter repairs after a winter storm damaged her house.

"I just don't know what to say," Burrell said. "It's just been something else. Thank God for neighbors and everyone around here in Le Roy. They've been so good to me."

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.

A driver who was seriously injured in a Dec. 30 accident in Le Roy has been arrested and charged with driving while ability impaired by drugs.

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 Schultz

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.