The process of getting approval for a new Dunkin' Donut's has served to make for a better plan, project engineer Kip Finley told city planners during Tuesday's meetings, where planners eventually approved or recommended approval of a series of plans and variances allowing the project to go forward. 

The proposed Dunkin will be slipped in between Barrett's Batavia Marine and Five Star Bank on West Main Street, with the cooperation and blessing of those two property owners. The three properties will share driveways in and out of the location, helping traffic flow and thereby addressing one of the recurring objections to construction of the franchise store.

Finley, working on behalf of Dunkin' Donuts and franchisee Mike Mikolajczyk, who owns the current Dunkin' in the city, at West Main and Ellicott Avenue, has been hauling elevation drawings before city and county planners since September 2014, and until Tuesday's votes hadn't received much in the way of nods of approval.

The new design fits into the current environment better, Finley said.  The building will be a little more residential looking and the frontage will align with Barrett's, making it more of an urban approach to aligning storefronts.

Even so, there are still residents from nearby Redfield Parkway who object to the proposed location.

"Regardless of how good the aesthetics of the building, none of the design changes will improve its location," said Nan Zorn, a Redfield resident.

The planning committee approved the site plan review and recommend to the Zoning Board of Appeals that it approve variances for the frontage, the driveways and parking.

By code, the size of the building would require 80 parking spaces, which board members agreed was a bit much.

The Burger King on West Main has 80 spaces and Finley pointed out that is way more than the drive-thru restaurant needs.

"If you go there, the front third are used, and the rest you could play basketball on," Finley said.
"There are weeds growing. It doesn't get used."

Finley's work is not done. Dunkin's new location doesn't get built if the city's ZBA doesn't approve the variances.

Le Roy's Statue of Liberty is shown packed in a customized crate donated by Orcon Industries, to ensure its safekeeping while it's delivered this morning to Ohio for restoration. (Photo courtesy of Lynne Belluscio)

The Le Roy Historical Society raised more than $15,000 this past summer to “Strengthen the Arm of Liberty.”

This morning, the rubber hit the road, so to speak.

Historical Society Director Lynne Belluscio left shortly after dawn on a four-and-a-half-hour trip to Oberlin, Ohio. Safely crated and tucked into the bed of her Toyota Tundra, was the miniature Statue of Liberty that has stood on the Oatka Creek bank since 1950.

“She’s traveling in luxury,” Belluscio said.

Her destination was McKay Lodge Conservation Laboratory near Oberlin. Specialists there will restore the damaged and deteriorated statue — in time, Belluscio hopes, for a grand rededication ceremony during the Oatka Festival next July.

McKay Lodge Conservation Laboratory has estimated repairs would cost between $5,000 and $7,000. The “Strengthen the Arm of Liberty” fundraising campaign launched this past spring, set a goal of $10,000 to ensure a safe margin.

In the end, slightly more than $15,000 was raised by alumni groups, the Le Roy Moose Family Center and numerous individual donors.

Orcon Industries of Le Roy, which does industrial packaging, donated a customized cushioned crate in which to transport the fragile statue.

“That’s how it’s getting out there,” Belluscio said. “That was their contribution to this project, and of course that box will stay out there and will bring her home when she’s finished.”

Belluscio was expecting to return to Le Roy this evening. The statue will stay in Ohio from six to eight weeks. 

“But as far as I’m concerned, they can keep her all winter,” Belluscio said. “There’s a lot of work to do before she can go back up.”

That’s because Liberty’s base — or plinth — will have to be replaced before the statue can be returned to its spot opposite Wolcott Street School.

The star-shaped curbing will be kept in place, but an architect has recommended a new, cast stone base. Plans call for new landscaping (existing shrubbery has undermined the statue’s base) and new lighting that will be paid for with any funds left over after the statue is restored.

Ideally, Belluscio said, the Lady Liberty can be rededicated during a celebration tied to the Oatka Festival. The original dedication ceremony drew a crowd of thousands, included a military flyover and involved dozens of area Boy Scouts who sponsored the statue’s purchase. 

Le Roy’s statue was one of many installed across the country, in conjunction with the 40th anniversary of Boy Scouts of America.

Next year’s rededication will help thank everyone who supported the statue’s restoration, Belluscio said.

“People have been very generous,” she said. “It’s a really good example of how the community has come together to support something they all feel really good about.”

A crate carrying Le Roy's Statue of Liberty is pictured outside the Jell-O Museum. (Courtesy of Lynne Belluscio)

Randy Vink, account manager for Orcon Industries, is pictured with Le Roy's Statue of Liberty. (Courtesy of Lynne Belluscio) 

These two photos of Le Roy's Statue of Liberty illustrate damage to its face and deterioration of its copper plates. The statue was originally installed in 1950 and repaired once during the 1980s. It is now being restored in Ohio. (Courtesy of Lynne Belluscio)

Le Roy's miniature Statue of Liberty was dedicated during a gala creekbank ceremony in 1950. A rededication ceremony for the restored statue is slated for next summer.

A proposed local law adds a new wrinkle to the controversy surrounding outdoor concerts at Frost Ridge Campground.

The Le Roy Town Board last Thursday, voted unanimously to withdraw from a 2004 intermunicipal agreement that established a joint town/village Zoning Board of Appeals.

Instead, Local Law No. 3 would establish a new, three-member town Zoning Board of Appeals effective Jan. 1, 2016. The Town Board would appoint two people to a new ZBA.

A public hearing on the proposed law is scheduled for Dec. 10.

“We feel as a board … that it would be in the best interest of the town going forward, to have a new, objective, impartial ZBA,” Town Supervisor Steve Barbeau said this week.

The current ZBA determined in September 2013 that concerts were a prior, non-conforming use — or “grandfathered” — at the Conlon Road campground because they predated the creation of a residential-agricultural zone in the area. That decision led to a pair of lawsuits filed by the town and the Cleere/Collins family against Frost Ridge and its owners, David and Greg Luetticke-Archbell.

Supreme Court Justice Robert C. Noonan ruled in April that failure to issue a public notice of the meeting invalidated the ZBA’s 2013 decision. Noonan’s ruling returned the matter to the ZBA for consideration.

Barbeau said the resolution approved last week was prompted by three considerations:

— The ZBA will eventually determine the legality of concerts at Frost Ridge;

— It is “likely, or at least possible” that whoever receives an unfavorable decision will file a lawsuit; and

— The Town of Le Roy will be obligated to defend the ZBA’s decision, either for or against Frost Ridge.

“Is it likely the same ZBA can be totally objective in reviewing the same issue going forward?” Barbeau asked. 

The answer, he said, is no.

“That’s something any attorney could potentially seize upon,” he said.

The Town Board took several issues into consideration, Barbeau said.

The first was that Noonan’s determination that the 2013 meeting was improperly conducted — “the issue that cost the town a lot of turmoil and a lot of money,” Barbeau said — reflects poorly on the current ZBA. The board has nevertheless been “vehement” in supporting a decision he said was made without consulting the town attorney, without carefully weighing evidence and with no public input.

The ZBA has also retained its own legal counsel at cost to the town while insisting the elected Town Board has no oversight of the matter.

“A blank check,” Barbeau said. “They’ll hire who they want and we’ll pay for it.”

Another issue relates to ZBA member Robert Scott, who was appointed by the Village Board earlier this year. His candidacy for town supervisor in this month’s town election was supported by Frost Ridge owners, Barbeau said.

Barbeau said a final matter is unrelated to Frost Ridge but has arisen since litigation began.

“There’s quite a bit of evidence that one or more members of the ZBA, either directly or indirectly, have suggested the Town Board has no authority to issue special use permits with conditions attached … and that any such issuance is subject to appeal back to the ZBA.

“That’s 100 percent, totally inaccurate,” he said.

There are currently five members of the ZBA. Two members — Debbi Jackett, who chairs the board, and Marty Brodie — were appointed by the Town Board, as was Ken Mattingly, who serves as alternate. In addition to Scott, village appointees are Thomas Spader and Charles VanBuskirk.

Members serve five-year terms. Jackett’s term expires at the end of 2017, and Mattingly’s term expires in 2018. Brodie’s term expires this Dec. 31.

If the Town Board agrees to create a new, three-member ZBA, it would thus also appoint two new members. Terms would be for three years.

As a courtesy, village Mayor Greg Rogers was informed of the Town Board’s plans before last week’s vote, Barbeau said. Dissolving the shared ZBA would not affect the town Planning Board or the code enforcement officer, whose position is funded by both municipalities.

“If we have a separate, smaller ZBA that’s only concerned with town code and not village code, and they have a three-year term instead of a five-year term, it would be more effective and efficient overall,” Barbeau said.

“Not that there won’t be litigation, but we’ll know the process was done correctly and the opinion was impartial and objective,” he said. “It makes it a lot easier to defend the ZBA, and it makes it a lot harder for a petitioner to find fault with the ZBA.”

Frost Ridge owners and supporters reacted with derision after Thursday’s vote.

David Luetticke-Archbell called the move to replace the ZBA “purely political.”

“This was referred back to the Zoning Board that is currently in place,” Luetticke-Archbell said. “To try to change (the ZBA) and then appoint people immediately prior to a decision simply to affect the outcome — that’s not what the rule of law is all about.”

Noonan’s decision that handed the issue of Frost Ridge concerts back to the ZBA was issued in April. The Luetticke-Archbells have been trying to obtain a hearing since then — without success, he said.

A series of issues — problems with paperwork or legal notices, or absences of ZBA members or attorneys — have kept postponing action on the Frost Ridge application. (See additional note, below)

“We’ve done our part to try and get this done, and each time, there’s been an obstacle put in the way,” Luetticke-Archbell said. “The Zoning Board, as far as I know, has not had anything to do with these delays.”

There’s at least one point of apparent agreement: Whatever the ZBA ultimately decides, the matter will return to Supreme Court.

“Truthfully, if (the existing) zoning board says ‘no, we’ve changed our position,’ I could probably accept that,” Luetticke-Archbell said. “But to put another board in that you’ve handpicked? I can’t really say.”

———

David Luetticke-Archbell, owner of Frost Ridge Campground, submitted the following statement to clarify and expand on why Le Roy’s Zoning Board of Appeals has not met to reconsider the issue of concerts at the campground:

The ZBA members were not absent. I was told they were, but they were all in attendance for the August meeting. The attorney who could not be present was (counsel) for the Cleeres. That attorney felt it was adequate to send an alternate to court on her behalf in February 2015, but insisted on taking a holiday on September 22nd stating that the date needed to be rescheduled.

The other pertinent information missing from this article is that (town Code Enforcement Officer) Jeff Steinbrenner failed to publish the public notice for a July date. This was the second time this happened. The first time was for the original date in September 2013 and one of the primary reasons Judge Noonan cited for remand this time. By the way, it was Jeff Steinbrenner who failed to publish the public notice for September 2013 as well. The “problems with paperwork or legal notices” is that Reid Whiting, attorney for the town, doctored up the public notice on August 27th, 2015, by changing the wording to be different from what was in the application from Frost Ridge. This led the way for appeal due to the notice being defective.

This notice was actually two notices. A correct version sent to Frost Ridge and a doctored up version sent for publication. Both of these are signed by the Town Clerk, who was out of the office for two weeks while these were being written. By the way, the town attorney, Reid Whiting, performs his duties at the direction of the Town Board Supervisor (Steve Barbeau). This is the same attorney, that Steve Barbeau claims should have been consulted by the ZBA for the initial interpretation. The same (counsel) who stated in court that the ZBA did not wish to be present, when the fact is that they were not properly notified that they were a party to a suit. They didn’t find out until they read it in the news. They could not utilize the Town Attorney because they were being sued on the same issues as Frost Ridge and that would be a conflict of interest.

Jeff Steinbrenner, the Zoning Enforcement Officer, is an employee of The Town Of LeRoy and reports directly to the Town Board Supervisor, Steve Barbeau.

If there is any question about who is delaying this interpretation, these facts all point to Steve Barbeau.

Batavia Middle School is hosting a Family & Community Night from 5 to 6:30 p.m. on Thursday, Nov. 19. This year's theme is "Warm the Night" and FREE hats, mittens and scarves will be distrubuted.

Enjoy a FREE light supper of soup and bread with Timbits and coffee, courtesy of Tim Horton's.

There will also be a FREE bicycle raffle and you'll also receive a FREE basket raffle ticket at the door -- one raffle ticket for EVERY family member!

Prepare to be dazzled by a FREE laser light show!

Plus, the Batavia Police Department will be on hand to license bikes in the gym and give you a coupon for a FREE bike helmet from Adam Miller Toy and Bicycle.

Gain insight into the opportunities to learn how to support your child this year and help our students succeed. See you there!

Press release:

The Batavia Business Improvement District (BID) is a neighborhood champion for Small Business Saturday, also known as “Shop Small Saturday.”

Shop Small has become a national movement along the lineup of Black Friday & Cyber Monday. This year’s Shop Small event is Saturday, Nov. 28th, and will take place all over the country. The Batavia BID distributed promotional materials for the event to its downtown retail and restaurant businesses and encouraged them to do their own form of promotion as well. The nonprofit organization also invited local business owners, residents, and politicians with postcards to come to specific places to encourage the understanding that downtown Batavia has great places to shop, dine, live and play.
 
The Batavia BID intends to take pictures on Shop Small Saturday and encourages those that shop small that day to share them with the Batavia BID. You can post on the Downtown Batavia Business Improvement District Facebook page or contact Laurie Oltramari at (585) 344-0900 or e-mail LOltramari@DowntownBataviaNY.com to share pictures or to ask questions about the event.
 
Please join the movement to support your local economy by shopping small not only on Small Business Saturday, but each Saturday!

Press release:

Lori Ann Santini from East Pembroke lost her entire house and all the contents in a fire on Wednesday, Oct. 28th. Lori Ann was not at home, and her three children were all at school when the fire started.

Lori Ann has been an East Pembroke firefighter for 15+ years and is also a member of the County Emergency Support Unit (ESU, Haz-Mat and Rope Rescue team). Her ex-husband Jose, also an East Pembroke firefighter for 15+ years, responded to the call and initiated a rescue of the dogs still in the house. Near the conclusion of the call, Jose was transported by ambulance with an undisclosed medical complaint. He was later transferred to Rochester and underwent cardiac surgery.

Lori Ann is a paramedic with Le Roy Ambulance Service. Jose is a dispatcher for Mercy Flight/Mercy EMS.

There will be a Spaghetti Dinner and Chinese Auction to benefit the Santini Family from 4 to 7 p.m. on Saturday, Nov. 28, (basket drawings at 6:30) at St. Maximilian Kolbe Church Hall, 8656 Church Street, E. Pembroke. Cost is $10. For tickets, call Don Newton at 585-813-4033 or Pam McCarthy at 716-560-1659.

Any donations are accepted and appreciated. They may be dropped off at Ron & Newt’s on Main Road in East Pembroke from 8 a.m. to 5 p.m., Monday – Friday, or at the East Pembroke Fire Dept. on Monday nights from 6 to 9 p.m., or call Don or Pam to have a donation picked up.

Jeremy Liles said he will continue to push for a rules change in the City of Batavia on commercial signs that prohibit electronic signs from regularly changing their messages.

Earlier this year, Liles installed a new sign on his business, Oliver's Candies, at Main and Oak with an electronic message board.

Under the current city ordinance, he can only change the message on the board once every 24 hours. He would like to change it hourly, especially this time of year when he might have four or five different promotions going to attract holiday business.

Tuesday night the city's planning board unanimously rejected his request for a variance to allow the message to change at least hourly.

Duane Preston, chairman of the board, said his vote was based on the fact there is no precedent in the city for allowing an exemption.

Liles argued that signs at Salvation Army and Batavia High School change more often than every 24 hours, but Preston said the city's code enforcement officers report that no permission has been granted for such changes where the city has jurisdiction. He doesn't have jurisdiction over the school property, he said.

Liles said the inconsistency bothers him.

He vowed to continue the fight after the vote, including bringing it up during the city's comprehensive plan update.

One apparent argument against frequently changing signs is that it creates a traffic hazard. Liles said he doesn't buy that argument. Distracted driving from mobile phones is a bigger problem than business signs, he said.

"There were two accidents in front of Oliver's this morning and that had nothing to do with my sign," he said.

Cameron Bontrager performs "Sweet Child of Mine" during the 2015 Batavia HS talent show Tuesday night in the school's auditorium.

Tzyonah Scheffield-Reese performs "Photograph."

Madison Hoerbelt and Eryn Dunn perform "For Good."

Ross Chua and Chelsea Jensen perform "I'm Yours."

Hannah Bluhm performs "Dear Future Husband."

Press release from Assemblyman Steve Hawley:

In light of last weekend’s horrific terrorist attacks across Europe, Assemblyman Steve Hawley (R,C,I-Batavia) has called on Gov. Cuomo to increase New York’s screening process for allowing Syrian refugees into the state. Hawley expressed the urgency of this matter as authorities are investigating a Syrian Passport found near one of the French bombing sites after the weekend’s terrorist attacks.

Twenty-five governors across the country have vowed to block Syrian refugees from entering their states as of this morning.

“This is a matter of New York State security,” Hawley said. “I am concerned that Syrian refugees sympathetic to the terrorist attacks could already be living among us, and we have a duty to protect our citizens from future threats. New York’s highly populated cities are easy targets for terrorists who are now more frequently attacking innocent civilians.

"The groundswell of support for this measure is growing by the hour, and 25 governors, including several moderate presidential candidates, already have pledged to close their borders until security is increased. I am officially calling on Gov. Cuomo to close our borders to Syrian refugees until we can properly ascertain threats inside our state and the remaining attackers have been apprehended.”

John E. Tejada, 19, of Cherry Street, Batavia, is charged with second-degree assault, fourth-degree criminal possession of a weapon, endangering the welfare of a child, and second-degree menacing. On Nov. 10 at 10:01 p.m., at 300 Ellicott St., Tejada allegedly pulled out a BB gun, pointed it in the direction of several individuals, two of whom are under age 17, and shot several times, injuring one person. He was jailed without bail and ordered to return to City Court last Friday, Nov. 13. The case was investigated by Batavia Police Officer Jamie Givens.

A 17-year-old male who resides on Route 237, Byron, was arrested and charged with forcible touching for allegedly touching a female's intimate body parts on the afternoon of Nov. 6 in Bergen. He was issued an appearance ticket and is to appear in Bergen Town Court on Dec. 16. The case was investigated by Sheriff's Deputy Matthew Butler.

Kathryn M. Yark, 18, of Roosevelt Avenue, Batavia, was arrested on a bench warrant issued for the alleged unauthorized use of a vehicle on July 18. After her arraignment Saturday in Town of Batavia Court, she was jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Arick Perkins.

James P. Colantonio Jr., 27, of South Swan Street, Batavia, was arrested Saturday on a bench warrant issued following his alleged failure to pay a fine last December. He is scheduled to appear in City Court on Wednesday, Nov. 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Leo Richard Brown, 19, of West Main Street, Batavia, was arrested today on a bench warrant issued for allegedly failing to appear in court on April 7. He was turned over to Batavia PD by Albion PD. He was released and scheduled to return to City Court. The case was handled by Batavia Police Officer Jamie Givens.

A 17-year-old who lives on Liberty Street in Batavia was arrested today and charged with attempted petit larceny, stemming from an incident which occurred at 3:15 p.m. on Nov. 15 on East Main Street, Batavia. The defendant was issued an appearance ticket for City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

This beautiful, sleek indoor boy (betcha it's a Bombay) is named "Ted" and he is missing from his house on Osterhout Avenue in the City of Batavia. You've no doubt heard of TED talks. Well, we can assure you this Ted talks, he just doesn't speak English. A real chatterbox -- when he's not napping or noshing.

He made his stealthy escape Sunday night, well camouflaged in the cloak of darkness. His family (Greg Carney, Alicia Hale and their 5-year-old daughter) pines for him most acutely.

Please contact Alicia Hale at 585-300-9669 if you have any information about Ted. If you see him, try to engage him in a conversation, then call his mom. Hopefully, he'll hold forth until she can arrange for his safe return.

Submitted photos. Top -- newest Athletic Hall of Fame inductees: Alex Sepi, Lisa Dwyer Lenhart, Dawn Sherwood Norton and Walter Szczesny; middle -- retired teacher and coach Bill Sutherland; above -- and John and Tom Borrelli, who accepted an award on behalf of their father, Nicholas.

Press release:

On Saturday, Nov. 14, friends and supporters of Notre Dame High School enjoyed a “Tailgate Party” themed event as they celebrated Sports Night at Slomba Hall in Batavia. They also honored people newly chosen to be inducted into the Athletic Hall of Fame.

The night started with a welcome from the school’s new principal, Wade Bianco, who spoke about all the exciting things going on at Notre Dame High School.

Athletic Director Mike Rapone introduced the Athletic Hall of Fame inductees who included:

• Alex Sepi -- ’84
• Lisa Dwyer Lenhart -- '83
• Dawn Sherwood Norton -- ’79
• Walter Szczesny -- ’76

Retired teacher and coach Bill Sutherland, was also honored for his 41 years of service to Notre Dame.

Nicholas Borrelli was inducted for his contributions to Notre Dame High School and his award was accepted by his sons, John Borrelli, who is the current chairman of the Notre Dame High School Board of Trustees, and Tom Borrelli.

All honorees spoke of their appreciation of Notre Dame High School and their educational and athletic experiences there.

Notre Dame High School of Batavia has been ranked #1 among private schools in Western New York for the past eight years by Buffalo Business First. In addition, the Notre Dame Fighting Irish Interscholastic Athletic programs also ranked #1 in Genesee, Wyoming and Orleans counties.

Press release:

The Genesee ARC Redemption Center is open for business!  “Bring us your cans and bottles,” said Director of Operations, Paul Saskowski.

Along with offering new employment options for individuals with disabilities, Saskowski said, “The expansion of our transfer station allows customers to drop off refuse, recyclables and now get their deposits on beverage containers back so these chores can be done in a ‘one-stop’ concept.” 

The Genesee ARC Redemption Center, 3785 W. Main Street Road, Batavia, is open Monday through Saturday 8 a.m. to 2 p.m. and Wednesdays until 8 p.m.

“The hundreds of community members that visit monthly for trash and recycling now have an even greater convenience,” Saskowski said.

“The best thing about the ARC-operated redemption center is additional employment opportunities for individuals with disabilities,” the director said.  “This expansion aligns with Genesee ARC’s mission of supporting people with disabilities in partnership with their families and the community."

All NYS beverage bottles and cans are accepted at the site. Customers wishing to donate their refunds to a nonprofit can designate Volunteers for Animals, Boy Scouts of America, Crossroads House or Genesee ARC. Organizations wishing to hold a can drive can contact Paul Saskowski or Redemption Center Manager Carl Jones at 343-4203 to set it up.

Photo: Carl Jones, Redemption Center manager, with Mark and Wesley, employees of the Genesee ARC Redemption Center.

Batavia High School hosts its annual faculty and student talent show tonight in the auditorium starting at 7 o'clock.

Pictured during yesterday's rehearsal are Tzyonah Sheffield-Reese (top) and Kesa Janes.

Yesterday, volunteers were busy preparing baskets for the auction Friday during the Holland Land Office Museum's 14th annual gala for the Wonderland of Trees.  The opening night festivities get under way at 7 o'clock. General Admission is $25 per person or $20 for Museum members. There will be live Christmas music, a 50/50 raffle, silent auction, basket raffles, catering by D&R Depot, and nearly 40 Christmas trees and displays -- thanks to the generosity of you, our community. Tickets can be purchased in advance in the Gift Shop or the night of the Gala.

Pictured are Kathy Jasinski, Mary Jo Eddy, Theresa Potter, Donna LaValle.

Are you ENGAGED and Looking for your DREAM DRESS? You do not want to miss Stella's Steals n Deals on Black Friday! Due to a large response, tickets will be required, call Stella's Bridal Boutique at 585-768-7771 or e-mail us at stellasbridalboutique.com to GET YOUR TICKET to STELLA'S BRIDAL SAMPLE SALE! Hurry, there are a limited number of tickets left!

A tractor-trailer is on fire on Route 33 near Route 19 in Bergen.

Bergen fire is responding.

UPDATE 12:31 p.m.: The fire is contained to a roll-off dumpster, which has been removed from the vehicle. The location is in front of the Bergen C-Store.

Abraham R. Martinez, 31, of Alexander, is charged with assault, 2nd. Martinez was arrested by State Police following a month-long investigation into an incident in the Town of Orangeville. A female was struck in the mouth with a bottle, resulting in the need for dental surgery after she lost part of her front teeth. State Police were provided with the first and last name of a suspect but had no other information to go on. Troopers, with the assistance of Border Patrol agents, obtained information that indicated the suspect might be located at a farm in Alexander, where he had been employed for about two weeks. Martinez was located and arrested and processed in Warsaw. He was jailed on $10,000 bail.

Alicia Kimberly Urban, 30, of Main Street, Attica, is charged with petit larceny. Urban is accused of stealing $432.96 in merchandise from Kohl's.

Luke William Ritzenthaler, 32, of Route 237, Byron, is charged with aggravated family offense and criminal contempt, 2nd. Ritzenthaler allegedly had contact with a female by phone and letter in violation of a court order while incarcerated at the Genesee County Jail.

A 17-year-old resident of Exchange Street, Attica, is charged with petit larceny. The youth allegedly shoplifted at Walmart. The youth allegedly placed electronic merchandise in her purse and exited the store.

Kelvin B. Murphy, 42, of Ellicott Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Murphy allegedly pushed another person at 3:47 a.m., Nov. 8., at an address on State Street.

Gregory S. Yark, 51, of Roosevelt Avenue, Batavia, is charged with criminal possession of stolen property. Yark was arrested on a warrant. He was jailed on $1,000 bail. Yark was also charged with possession of a hypodermic instrument and criminal use of drug paraphernalia. Yark was allegedly found in possession of these items at the time of his arrest.

Changing times demand changing signs, says Jeremy Liles, owner of Oliver’s Candies.

City code doesn’t agree — at least not for now.

And so the Genesee County Planning Board on Thursday recommended disapproval of a permit that would allow “periodical change” of the digital reader board on Oliver’s Candies’ new electronic sign.

The city Planning and Development Committee is scheduled to review the permit request on Tuesday.

Oliver’s Candies replaced its longtime free-standing sign, at 211 W. Main St., with the digital version earlier this year.

City planners approved a permit for the new sign in December 2014. The permit was granted with the condition that the sign not contain “flashing, intermittent, rotating or moving lights.”

On Thursday, Liles said it makes good business sense to lift those conditions, at least a little bit.

“I could play full video on (my sign), but I’m not looking to do that — I don’t even want to change it every four seconds,” he told the Planning Board. “I was actually hoping for once an hour; that would be my ultimate goal.”

The lettering on a non-digital sign could be manually changed once an hour, with no legal ramifications, he said. “The only difference is this one is lit.”

In recommending disapproval, county Planning Department staff noted that the city and most municipalities prohibit periodically changing LED displays because they can distract drivers. Staff conceded electronic signs are becoming more popular, but the city has been consistent in not allowing signs that change more than once every 24 hours.

The county vote to disapprove means a majority-plus-one vote would be required for the city committee to approve the sign variance.

County Planning Director Felipe Oltramari told Liles his best course of action would be to persuade City Council to change city law.

“I guess what I’m looking to do is update the world a little bit,” Liles said. “If not the world, then the city of Batavia.”

In other business, the county Planning Board recommended:

— disapproval of a site plan and area variance for construction of a Dollar General store on the east side of Allegheny Road (Route 77), Pembroke.

Planning staff said the variances — including a 9,100-square-foot building, nearly twice the minimum allowed — “grossly exceed” the requirements of town zoning law.

The store would also be built on a half-acre parcel subdivided from farmland. That land is in active agriculture and enrolled in county Agriculture District No. 1. That would prohibit connections to existing water and sewer service.

The property was reenrolled in the Ag District this past January. A portion of the land cannot be removed by subdivision, according to Oltramari, who administers the Ag District program.

“Once you sign up for an Ag District, you’re in it for eight years,” Oltramari said. “And all the land that gets subdivided out of it, stays in for eight years.

“It doesn’t prevent them from building the building,” he added. “It just prevents them from hooking up sewer in water.”

Lowell Dewey, project engineer for C&S Co., of Buffalo, said Dollar General has enough space to accommodate a well and septic system. Adding those would require a site plan change.

— disapproval of an area variance allowing a sign for an insurance office at 10724 Alexander Road, Alexander. James Wright hopes to install a 33-square-foot sign; the maximum allowed is 6 square feet.

— approval of the subdivision of a multi-family residential parcel at 180 Pearl St., Batavia, into two parcels each with a two-family residence.

— approval, with modifications, of zoning text amendments to add review criteria for solar energy systems in the Town of Batavia. The required modification is that the town add mitigation provisions for solar-energy systems built on agricultural land. “Of particular concern are construction and restoration techniques, including maintenance and restoration of drainage patterns and improvements, stockpiling of topsoil, and soil decompaction after decommissioning of the project,” planning staff said.

— approval of a site plan allowing T-Mobile to exchange six panel antennas and add a new battery cabinet to a telecommunications tower at 5101 Broadway Road (Route 20), Bethany.

— approval of an area variance to subdivide a single-family home at 1711 Genesee St. (Route 33), Pembroke, from its rear acreage and accessory buildings.

— approval, with modifications, of a site plan to operate an electrician’s office and warehouse at 614 Main Road (Route 5), Stafford. The required modification is that landscaping buffers and fencing property be maintained or improved.

The property is being purchased by Art Nicometo, who plans to use it for storage and as an administrative office. No retail will be conducted.