Le Roy

Judge Rorbert C. Noonan wants more information before he decides whether to dismiss one or both of the lawsuits against Frost Ridge Campground in Le Roy.

In a written decision this afternoon, Noonan held off making a decision on the motion to dismiss the suits as well as on the motion to lift the temporary injunction against amplified music at Frost Ridge.

He's ordered a hearing as soon as possible on the assertion by attorney David Roach that the statute of limitations has expired for challenging the Zoning Board of Appeal's determination in the Fall of 2013.

"While Frost Ridge and the ZBA submitted that such minutes were filed with the Town Clerk 'within a matter of days' after the October 22, 2013 meeting," Noonan wrote, "the Town Clerk submits that she 'cannot pinpoint the date (the clerk of the ZBA) delivered the minutes of the Sept. 25, 2013 meeting to her," and that they are customarily filed only 'sporadically.' Therefore, on the existing record, Frost Ridge and the ZBA have failed to carry their burden of proof on the issue."

The ZBA clerk is currently involved with medical issues, Roach told Noonan during today's hearing, and is therefore unavailable to provide an affidavit on when she filed the minutes.

She is expected to be available in a week, he said.

Frost Ridge is fighting twin lawsuits: One filed by the Cleere and Collins families, who own adjoining property, and one filed by the Town of Le Roy asserting Frost Ridge not only is barred by the zoning ordinance from hosting amplified music concerts, but has grown beyond what was grandfathered in when the current zoning ordinance was adopted.

Under NYS law, any party challenging the ZBA's determination would have 30 days from the time the decision is filed to legally seek to overturn the decision. If it can be proved by the defendants that minutes were filed with the Town Clerk in the Fall of 2013, that would be much more than 30 days and could therefore provide grounds for the lawsuit by Cleere/Collins to be dismissed.

What happens with the Town of Le Roy's lawsuit against Frost Ridge is a little more complicated.

"Nor will the Town's action be dismissed for failure to join the ZBA as a defendant," Noonan wrote. "Although the ZBA may wish to intervene in this case, it is not a necessary party to the Town's action to enforce its zoning laws; and, it is questionable whether the Town is collaterally estopped by the ZBA's determination."

Noonan's ruling seems to back the assertion by the defense that the ZBA made a valid determination that land use at Frost Ridge in 2013 was a legal, preexisting, nonconforming use.

"Thus," he writes, "contrary to the Town's contention, the minutes of the meeting permitting the noncomforming use are sufficient for a proper determination."

No date for a follow-up hearing has been released yet.

The owners of Frost Ridge are expecting to find out this afternoon whether their 2014 concert series will be held at the campground this year, or whether they must continue to hunt for alternative venues.

This morning, attorney David Roach asked Judge Robert C. Noonan to vacate his preliminary injunction of May 24 that barred amplified music and alcohol service while a pair of lawsuits are pending against Frost Ridge.

Roach based his motion on the fact that the Le Roy's Zoning Board of Appeals wasn't represented at May's hearing and now that the ZBA is represented in the case, new information has been presented to Noonan that shows the ZBA determined that Frost Ridge was being operated in 2013 within the bounds of its status of a nonconforming, preexisting use.

At the May hearing, Town of Le Roy attorney Reid Whiting said the ZBA declined to be represented in the suit (ZBA members didn't even know about the suit at the time) and he presented what's known as a "verified answer" by Supervisor Steve Barbeau that stated the ZBA determination was invalid.

Today, Roach filed an amended verified answer (the answer is in response to the lawsuit by the Cleere and Collins families) from the ZBA itself that states that live music and food service are grandfathered in at the campground.

On the basis of that change, Roach argued that Noonan's injunction was granted without the proper factual information and should therefore be vacated.

"It is no longer clear -- as the court preliminary held -- that my clients have committed a zoning violation," Roach said. "With the ZBA's amended verified answer, the weight of the evidence has shifted such that it is now clear my clients are in compliance with the zoning code as a prior, nonconforming use."

Mindy Zoghlin, attorney for the Cleeres and Collins, argued that the ZBA's minutes don't help Frost Ridge.

"The ZBA minutes say they were asked to review the need for a special-use permit," Zoghlin said. "Dave outlined the history of the campground, and just the campground, as established prior to the zoning law being passed. After his presentation, the ZBA board discussed the issue of the campground, and just the campground and whether it is grandfathered in. It's not clear from the minutes what they're talking about."

Zoghlin said her clients have no issue with the existence of the campground or music at the campground. They are against it being used as a live music venue.

"We're not challenging the decision that the campground is a preexisting use," Zoghlin said. "That's a mischaracterization of the argument and a misunderstanding of what the court ruled the first time around. What we're saying is they can't legally expand the campground unless they go to the ZBA and apply for and receive a special-use permit for expansion."

Whiting made only a brief statement to Noonan and said the defendant's reliance on the ZBA determinations are puzzling to him because he thinks the ZBA rulings produce very unfavorable results for Frost Ridge.

"In 1998, the ZBA ruled clearly there can be no expansion of any structure and can be no change in use whatsoever. On both measures, the campground has aggressively and significantly sought to expand both uses and structures on the campground."

Roach countered later that the ZBA's positions clear that in 2013 they knew what was going on at Frost Ridge and that based on testimony and personal knowledge of board members, the use in 2013 (which included concerts and food service) was grandfathered in.

Noonan could decide, Roach suggested, to kick the issue back to the ZBA to hold a hearing and define exactly what it meant by campground and what it considers to be a prior, nonconforming use.

Both lawsuits -- the one filed by Cleere and Collins and the one filed by the town -- against Frost Ridge should be dismissed, Roach said, because the statute of limitation (in this case, 30 days) long ago expired for challenging the ZBA decision.

Zoghlin told Noonan that the defendants have failed to provide proof of when the determination was filed with the Town Clerk, and without that proof, there is no evidence that the statute of limitations has expired.  

She also said the record is incomplete because for the 2013 determination, there was no application filed by Frost Ridge for a decision.

"There's no forms filled out," she said. "There's nothing in writing."

Roach said Frost Ridge owners Greg and David Luetticke-Archbell relied on the ZBA's 2013 determination to go ahead and book concerts for the summer of 2014. They could potentially be out of tens of thousands of dollars if the preliminary injunction isn't lifted.

Noonan said he will issue a written decision at 3 p.m. today.

Funeral services for Deputy Frank Bordonaro will be at 10:30 a.m., Saturday, at Our Lady of Mercy Parish, St. Joseph's Oratory, 27 Lake St., Le Roy.

Bordonaro, a 19-year veteran of the Genesee County Sheriff's Office, died unexpectedly at home some time Tuesday afternoon.

The 44-year-old Bordonaro is survived by his wife, Robin Radwich Bordonaro, his sons, Bryce and Chase, his parents, Lawrence and Arlene, of Batavia.

Family and friends may call on Friday from noon to 3 p.m. and 6 to 9 p.m. at the Falcone Family Funeral & Cremation Service, Inc., 8700 Lake Road, Le Roy.

From his obituary:

He will be remembered as a very caring and compassionate man, who put his family and community first. He was very involved with all aspects of his sons’ participation in school and community sports programs.

The likely culprit in Saturday's fire Le Roy that destroyed the home of Greg and David Luetticke-Archbell is electrical.

Whether it was an electric device that first caught on fire or wiring in a wall hasn't been determined.

There is no evidence of any deliberate action that caused the fire.

Jim Bouton, a coordinator and investigator with Genesee County Office of Emergency Management, discussed the investigator's findings with The Batavian this morning.

"On the report it will say the cause is undetermined," Bouton said. "The primary principle is electrical."

The fire started in the garage, Bouton said, not on the porch as initially reported.

Also, the explosion during the fire was caused by backdraft, which is caused by the rapid reintroduction of oxygen into an enclosed area where oxygen has been depleted by fire.

There was lots of fuel available for a fire -- what firefighters call "fire load" -- big wood beams and all of the accoutrements of a modern lifestyle.

Bouton said these days people have a lot more polyester, plastic and other flammable materials around the house, which is just fuel for flames.

In the Luetticke-Archbell garage there was a motorbike, snowmobile and woodchipper, all with gasoline in the tanks, not to mention the fiberglass of the snowmobile to add fuel to the fire.

The house at 8005 North Road was built in 1806. There had been many upgrades to the residence, including upgraded electrical, Bouton said, but that still doesn't mean an electrical problem can't creep up.

Asked how concerned other residents should be about electrical fires, Bouton explained people should pay attention to how they're using electric and what's going on with the electric in their house.

Houses built before the electronic gadget age are susceptible to problems.

Most people don't understand how they overload their circuits.

(NOTE: During our conversation, Bouton wanted to make it clear he wasn't implying Greg and David did anything to cause the fire -- the cause remains undetermined.)

Bouton used this example: In your bathroom you probably have a 15-amp circuit. You plug in a curling iron and hair blower. Each draws 1,500 watts. Divide those 3,000 watts by 120 voltage and you're drawing 25 amps on a single 15-amp circuit.

That overload causes wires to heat and over time the wires become damaged.

It can take many years, but it's a fire hazard.

If you read the instructions for your microwave, refrigerator and freezer, you are warned that each should be on their own 20-amp circuit. Often, however, people just plug these items in with no consideration to what circuits they're on.

For those of us using power strips for our home entertainment centers or desk areas, chances are the devices are not drawing enough concurrent electricity to create a problem, but the preponderance of electronic devices -- mobile phone chargers, computers in every room, TVs in multiple rooms, etc., should be a concern.

In older homes, the fusebox has been replaced by a circuit breaker (perhaps not by a licensed electrician), Bouton said, but it's still a 60-amp service when it should be 100 amps for all the electronics in a typical home today.

If your lights flicker when you turn on electronics, or you keep blowing a circuit breaker, perhaps you're overloading circuits, Bouton said.

Bouton noted that it's ironic that in the City of Batavia, only a licensed plumber can do plumbing work in another person's home, but there's no prohibition against using unlicensed electricians.

Bouton recommends using licensed electricians for any wiring or rewiring for inspecting any suspected issues with circuits.

"I'm not saying we have a big problem out there, but people should be aware," Bouton said. "If you've got a question call an electrician."

Don't let the crime scene tape mislead you. Officials are not calling their search for the cause of Saturday morning's fire at 8005 North Road, Le Roy, a criminal investigation.

But arson hasn't been ruled out, either.

Nothing's been ruled out.  

Today, investigators from the Sheriff's Office, Emergency Services and the State of New York, were going over every inch of rubble looking for signs and clues. Le Roy FD's ladder truck was brought in at one point so investigators could obtain aerial photos of the site. The property's owners, Greg and David Luetticke-Archbell came to their house to explain to investigators what was where.

Jim Bouton, an emergency management coordinator and fire investigator with the county, said officials may be ready to discuss theories and findings soon.

Previously:

• Fully involved structure fire on North Road, Le Roy
• Home of Frost Ridge Campground owners in Le Roy destroyed by fire
• Frost Ridge owners experience outpouring of community support after devastating fire

Greg, David and their children lost all of their personal belongings in the fire. A site for community donations has been set up. Click here to access the site.

This thermostat is on a shed about 100 feet from the west side of the house. Radiant heat turned it into a curly fry.

Jamie A. Dutton, 22, of Buell Street, Batavia, is charged with possession of a forged instrument, 3rd, and grand larceny, 3rd. Dutton is accused of cashing multiple forged checks. He was jailed on $50,000 bail.

Randy L. Haughton, 56, of Rochester, is charged with aggravated unlicensed operation. Haughton was allegedly speeding in the Village of Le Roy when he was stopped by Le Roy PD. Haughton was jailed on $1,500 cash bail or $3,000 bond.

Dealmond T. Robinson, 28, of Le Roy, is charged with strangulation, 2nd, and two counts of endangering the welfare of a child. Robinson was allegedly involved in a domestic disturbance. He was jailed on $5,000 cash bail or $10,000 bond.

Diane L. Powell, 42, of Main Road, Corfu, is charged with driving while impaired by drugs and failure to signal lane change. Powell was arrested following a traffic stop at 12:49 a.m., July 1, on West Main Street Road by Officer Matt Lutey.

Mark Walter Grabowski, 56, Chestnut Street, Batavia, is charged with trespass and harassment, 2nd. Grabowski was allegedly involved in an incident (no details provided) at Batavia Downs on June 27.

Peter A. Conway, 28, of North Maple Street, Warsaw, is charged with issuing a bad check. Conway was arrested on a warrant and jailed on $500 bail.

Robert J. Barnes, 24, of Watson Street, Batavia, is charged with criminal contempt, 2nd. Barnes was allegedly involved in a disturbance at a residence on Watson Street at 2:58 p.m. Friday.

William C Welch Jr., 25, of South Swan Street, Batavia, is charged with criminal possession of stolen property, 5th. Welch is accused of possessing a stolen BMX bike.

Tyrone N. Thigpen, 37, of Maple Street, Batavia, is charged with harassment, 2nd. Thigpen is accused of threatening another person with physical harm during an alleged incident on Maple Street at 4 p.m. July 1.

Amy L. Munnings, 37, of Le Roy, is charged with felony DWI and felony driving with a BAC of .08 or higher. Munnings was stopped at 10:08 p.m. Saturday on Wortendyke Road and Pearl Street Road, Batavia, by a State trooper.

While David Luetticke-Archbell chatted with one of the many well-wishers who stopped in his shop at Frost Ridge Campground on Saturday afternoon, he looked out the window and up the hill that traditionally has been a ski slope, but was on this sunny summer day a slip-and-slide.

Children and adults hollered as another slider managed to make it down the hill in a well-worn groove in the middle of the slide and flew over the hump at the end of the run. 

David smiled.

"I always say, 'this is a fun place,' " David said. "This is what it's all about. I look out and I see people having fun and it takes kind of some of the sting out of it. We lost some stuff, but this is why we're here, so we can have fun. We'll continue on. At least I plan to."

David and his partner Greg moved to Le Roy from San Diego in 2008 to purchase Frost Ridge and run it as a place where people could have fun.

They've built a successful business by offering personal service, great events and even live music.

It's all been jeopardized by the lawsuits of two neighboring couples and the Town of Le Roy. The suits aim to put the Luetticke-Archbells out of business.

In the stress of it all, Greg has had two heart attacks.

Then last night, they lost their home to fire. It was a home to David and Greg and their three children and dog Sadie. It contained, David said, everything that was important to them.

News of the disaster has spread among Frost Ridge supporters quickly. They've rallied to offer David and Greg both moral and monetary support.

"People have come from everywhere, even people I barely even know, have come to say we support you, we're praying for you," David said. "I've been handed two envelopes with cash in them. I have no idea who it came from, and they don't want me to know, and I'm sure there's more I don't know about."

Stacy Ward, a Frost Ridge employee, was standing nearby and said, "yes, there's more."

David, at that point, didn't know that campers had passed the hat that morning and collected $1,300 and already went shopping to buy clothing for David, Greg and their children.

He also didn't know at that point about a donation Web site that has been set up for them. So far, it's raised more than $1,600 in cash donations.

Even with the donations of money, clothing and toys David knew about this morning, he was still having a hard time taking it all in -- especially on only an hour's sleep.

"It's surreal," he said. "I'm not used to these kind of things. I don't know what to say. It's a very humbling experience."

Ernie Campoli, a seasonal camper at Frost Ridge, organized the fundraiser Saturday morning and said everybody felt it was the right thing to do.

"They're going through a tough time," Campoli said. "The town is messing with them. They just lost everything in their house, so we wanted to do something nice for them. They do nice things for everybody in the campground. We just want to show our appreciation and help out where we could."

When we spoke this afternoon, Greg was still at Strong hospital, but "screaming to get out," David said. David expected to check him out of the hospital in the afternoon. He seems to be doing well after being taken in for observation the night before because he was shaking so much after coming home to the fire just after 12:30 a.m.

Sadie is still missing.

Jim Bouton, with Genesee County Emergency Services, was at the house this morning, digging through the rubble, looking for any clues that might reveal how the fire started.

No cause has been found yet and the investigation could take days or longer.

Deborah Buchanan holds a 1960s era photo of the house. Her husband, Mark, joined the investigators in the rubble for a time pointing out the floor plan. His grandfather bought the farm the house was on in the 1940s and Mark lived in the house from 1949 to 1976, when he got married. He and his wife live in a house just a couple hundred yards to the west. The farm was originally owned by Fritz Conlon. It was a dairy farm until the 1960s and then a crop farm. Mark proudly pointed to the chimney and noted that it was still standing. His grandfather, a master mason, built it, he said. "It's not going to burn the house down. It was built right," he said.

As he stood just 100 yards from his home destroyed by an early morning fire, David Luetticke-Archbell wanted a picture made -- one that would bring in all of the scene filled with dozens and dozens of volunteer firefighters.

"I want our daughters to see this so they know that so many people came to help us," Luetticke-Archbell.

No lens offers a wide enough angle to bring it all in, but Luetticke-Archbell said he was "blown away" that so many would take their time to help others in need.

The fire may have destroyed every personal belonging of David and Greg Luetticke-Archbell, who moved to Le Roy in 2008 to purchase Frost Ridge Campground on Conlon Road.

"When we move out here, we scaled down to only what we could fit in our RV and we came and there were very few personal effects, just the things that actually had meaning because they came from a parent or a grandparent or something," David said. "There's nothing left. I keep telling the kids that it's going to be OK because we still have each other, but there's nothing else left. It's going to have to be enough."

David and Greg are parents to an 11-year-old boy and two 7-year-old girls. 

They also had a family dog, Sadie, who is missing.

David and Greg had been at the campground all day for Fourth of July and spent the evening enjoying a campfire with friends.

As they returned home at about 12:30 a.m., David said he could see the glow of a fire. He thought somebody's barn might be on fire. As they got closer he saw the fire trucks and it still didn't sink in.

"I thought, 'I hope nobody got hurt,' " David said.

Then it struck him.

"There is our home with fire on it and it’s everything that we ever had," David said. "And it’s not there anymore and I don’t know what to say."

As they pulled up, Greg rushed to the front door. He wanted to find Sadie. A Le Roy police officer stopped him from going into the burning building.

"An officer said 'no you can't, it's too dangerous,'" David said. "He was right because about that time the front of the house – it exploded. I mean you would have thought there was a bomb in there or something. I mean you ... look at this. There’s nothing left. There’s like a frame."

While the house burned, Greg began to shake uncontrollably. He was taken by ambulance to Strong Memorial Hospital for observation. Greg recently suffered a pair of heart attacks.

It's been a stressful few months for the campground owners. They are being sued by neighbors David and Marny Cleere and Scott and Betsy Collins as well as the Town of Le Roy. The suits allege violations of the town's zoning laws over both the very existence of the campground (which as founded by Marny and Betsy's family in the 1960s) and live music concerts held at Frost Ridge. Judge Robert C. Noonan granted a temporary injunction to the town barring amplified music at Frost Ridge pending a final decision on the lawsuits.

Le Roy Fire Chief Tom Wood was the first on scene and he said the back porch of the residence at 8005 North Road was completed engulfed in flames.

Firefighters entered the structure to pitch an offensive battle against the flames, but when a ceiling collapsed on them, they had to retreat.

An explosion inside the residence knocked down a firefighter who was outside the building. He wasn't injured in the blast.

From that point, the fire fight was defensive and crews did manage to knock the fire down before it did heavy damage to the front of the house.

"Our biggest problem here was water," Wood said. "We've got three different counties worth of tankers here shuttling water."

In all, 12 fire departments responded to the scene.

Wood said it may be possible or the David and Greg to recover some belongings from the front of the structure, but in all likelihood, it will need to be torn down.

The house was built in 1806 and David said the beams of the house are cut tree trucks that still have bark on them in places.

Frost Ridge has a history of supporting the Le Roy Fire Department.

"It definitely hits home with us," Wood said. "These guys have been great to us. They run a Fun Day for us. With everything else that's going on there, they certainly didn't need this."

UPDATE 11:26 a.m.: The cause of the fire has not yet been determined. The investigation is being conducted by Deputy Frank Bordonaro, the Le Roy Fire Department and Genesee County Emergency Management. 

Assisting at the scene were Alexander, Brockport, City of Batavia, Town of Batavia, Bergen, Bethany, Byron, Caledonia, Churchville, Cuylerville, Darien, Elba, Mount Morris, Mumford, Oakfield, Perry, Scottsville, Stafford, South Byron, Pavilion and York. Mercy EMS also responded to the scene. Inmates from Wyoming Correctional Facility were also bussed in to help.

(Initial Post)

David Luetticke-Archbell receives a hug from a neighbor.

A working structure is reported at 7993 8005 North Road in Le Roy. Le Roy, Stafford and Pavilion fire departments are responding along with the city's Fast Team.

UPDATE 12:33 a.m.: A responder on scene reports "there is an exposure problem with a propane tank." A "full assignment" from Caledonia is requested along with Bergen. City's first platoon is called to its headquarters to stand by. National Grid is called in.

UPDATE 12:36 a.m.: A crew from York is called to stand by in Le Roy's fire hall.

UPDATE 12:93 a.m.: The location is just west of Conlon Road.

UPDATE 12:49 a.m.: Command tells responders to proceed to the scene from the east.

UPDATE 12:54 a.m.: A crew from the Town of Batavia is requested to stand by in Le Roy's fire hall. No word on status of the same request from York.

UPDATE 1:17 a.m.: The original address of the fire was an approximation provided by the caller. It is now reported to be 8005 North Road, which is east of Conlon Road, but just west of a creek.

UPDATE 1:20 a.m.: Crews from Alexander and Bethany are called.

UPDATE 1:24 a.m.: Elba and Darien fire departments requested to man tankers in their respective halls.

UPDATE 1:32 a.m.: Now a tanker from Oakfield is requested to fill in at Le Roy's fire hall.

UPDATE 1:35 a.m.: Oakfield is asked to instead man a tanker at its own fire hall.

UPDATE 1:46 a.m.: Looking at the street view on Google Maps, the North Road location is right across the street from the north end of Conlon Road.

UPDATE 2:13 a.m.: According to the Town of Le Roy's 2014 final tax assessment database online, the property is owned by Gregory J. Luetticke-Archbell, who is involved in a lawsuit with two neighboring families regarding his Frost Ridge Campground summer concert series. The 2,512-square-foot house has five bedrooms, two baths, and sits on 9.73 acres. It was built in 1806 and was last purchased in May 2011 for $116,400.

UPDATE 2:45 a.m.: Here's what David Luetticke-Archbell told media at the scene:

“I’m so lucky. Oh God. We were about a block away and coming up the hill and we saw a little bit of flames and some smoke and then I realized there were fire trucks here – there were one or two – and I wasn’t sure what to think. I thought maybe it was a barn or something and then I looked up and there is our home with fire on it and it’s everything that we ever had. And it’s not there anymore and I don’t know what to say – watching them tear this thing down…

"When we moved out here, we scaled down to what we could fit in our RV and we came and there were very few personal effects, just the things that actually had meaning because they came from a parent or a grandparent or something. And there’s nothing left. Absolutely nothing. And I keep telling the kids that it’s going to be OK because we still have each other, but there’s nothing else left and it’s going to have to be enough."

They had been gone all day. When they got home, David said Greg kept calling for their dog, Sadie, to try and get her out. Greg wanted, and tried, to go inside to look for her but was stopped by a Le Roy police officer.

"...an officer said 'no you can't, it's too dangerous.' And he was right because about that time the front of the house – it exploded. I mean you would have thought there was a bomb in there or something. I mean you ... look at this. There’s nothing left. There’s like a frame."

Greg was transported to the hospital. He was visibly shaking at the time. He had a couple of heart attacks a few weeks ago and they took him to the hospital to keep an eye on him, David said, adding that the children's aunt is staying at camp and they will stay with her for "a week or two until we figure it out."

UPDATE 5 a.m.: Le Roy Fire Police told to open the roads back up.

A motor-vehicle accident with minor injuries is reported at 7824 Lake Road, at the I-490 ramp at Route 19 -- near or at the truck stop. Le Roy fire and ambulance are called to respond.

Timothy Robert King, 23, of Otis Street, Batavia, is charged with petit larceny. King is accused of stealing $361 from an employer in Le Roy.

Zachary Wayne Morlock, 22, of Gary Lane, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Morlock was stopped at 12:26 a.m. on Alleghany Road, Darien, by Deputy Joseph Corona.

Sherri Colleen Butler, 54, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Butler was arrested on a Town of Batavia Court bench warrant.

Jerald A. Shuler Jr., 52, of Ellicott Street, Batavia, is charged with harassment, 2nd. Shuler allegedly threatened to hit a roommate and threw a cup of coffee. Shuler was ordered to stay away from his roommate.

Lisa M. Sequerth, 44, of West Main Street, Batavia, is charged with harassment, 2nd. Sequerth is accused of sending an ex-boyfriend 34 unwanted text messages after previously being warned not to contact her ex-boyfriend.

Once again, about two dozen supporters of Frost Ridge turned out Thursday evening at the Town of Le Roy board meeting to protest the town's ongoing litigation against the six-decade-old campground on Conlon Road.

Supervisor Steve Barbeau made it clear at the start of the meeting that he wasn't going to allow the kind of free-for-all debate that took place during the meeting two weeks ago.

He asked each speaker to speak one at a time and only cover topics not already raised and addressed.

About six people spoke -- a veteran who said the ban on concerts was an insult to those who fought and died for freedom; a resident who suggested the town was passing up an opportunity to put a $2 surcharge on concert tickets sold and generate a little revenue; one person who wanted to know how much the lawsuit that most in the town don't support is costing taxpayers; and a resident in the Gulf Road area who complained about toxins from a proposed facility at the old town dump being allowed while music in the community isn't allowed.

After those who wanted to speak spoke, Barbeau answered a couple of the questions and offered this summary of the town's position:

"For the town board it is not, has not, and will not be an issue of revenue, such as adding taxes, or making money off of whatever Frost Ridge chose to do or not. It isn't an issue of anything to do with any noise. It is isn't an issue of anything to do with really anything other than is this a permitted use, and by this, I mean a concert venue, whether it's for veterans or it's for anything."

At this point, Barbeau was interrupted by a couple of people, and then he went on:

"For the town the only issue is, is this a permissible use, accessory use or special use within the Town of Le Roy in an R and A zone. The Town of Le Roy's position is not only is it not a permitted use, accessory or special use in an R and A zone, it is not permitted in any zone in any district in the Town of Le Roy."

Tami L. Mileham, 40, of Otis Street, Batavia, is charged with a prohibited nuisance. Mileham's Rottweiler allegedly bit a 9-year-old child. The Rottweiler was seized and is currently being held at the Genesee County Animal Shelter.

Kathleen E. Gonzalez, 52, of West Main Street, Batavia, is charged with issuing a bad check. Gonzalez is accused of issuing a bad check March 11. She turned herself in on an arrest warrant and posted $500 bail.

Markeda D. Starks, 23, of Campbell Street, Rochester, is charged with harassment, 2nd. Starks was arrested on a warrant by State Police in Canandaigua stemming from an alleged incident at 9:05 p.m. June 16 in which Starks shoved another person during an argument. Starks was turned over to Batavia PD and arraigned on the charge and posted $300 bail.

Willie J. Miles Jr., 50, of Aberdeen Street, Rochester, was arrested for alleged failure to appear. Miles was jailed on $2,500 bail.

Jerica J. Barber, 39, of Mix Place, Batavia, is charged with criminal tampering, criminal mischief, resisting arrest and endangering the welfare of a child. Barber allegedly committed the crimes of criminal tampering and criminal mischief (no details given) at 4:37 p.m., June 14. Barber allegedly resisted arrest in the presence of a child under age 17.

Eric John Betz, 31, of Genesee Street, Alden, is charged with disorderly conduct/obscene language/noise. Betz allegedly screamed obscenities during a domestic dispute in a public place at 440 Ellicott St., Batavia, at 9:34 p.m. on June 17.

Cheryle Jones, 32, of Batavia, is charged with driving while ability impaired by drugs and consuming alcohol in a motor vehicle. Jones was also charged under Leandra's Law with aggravated DWI. Jones was stopped by Ontario County Sheriff's deputies on Route 5 in Canandaigua for an alleged traffic violation. (Source)

Nicholas R. Graves, 18, of 7317 Griswold Road, Bergen, is charged with endangering the welfare of a child. Graves is accused of having sexual contact with a child under age 17 in the Village of Le Roy. Graves was arraigned and ordered to stay away from the victim.

Benjamin P. Hilton, 25, of 25 Bacon St.. Apt. E, Le Roy, is charged with criminal mischief, 4th. Hilton is accused of intentionally breaking the window of a business on Mill Street on Saturday.

Heather Ann Johnson, 41, of Calla Way, Cheektowaga, is charged with DWI, driving with a BAC of .08 or higher, inadequate lights, driving left of pavement markings in no passing zone and refusal to take breath test. Johnson was stopped at 11:53 p.m. Tuesday on Genesee Street, Darien, by Deputy Jason Saile.

Joseph Jonathan Kuzma, 34, of Byron Holley Road, Byron, is charged with petit larceny. Kuzma is accused of stealing money from his employer in Bergen.

Daniel S. Curry, 36, of Webster, is charged with unlawful possession of marijuana and driving while using mobile phone. Curry was stopped at 11:40 p.m. June 16 by State Police on Route 77, Darien.

All available manpower is called to Le Roy's fire hall to with help local flooding issues. The underpass of Route 5 is completely unpassable. A flash flood watch is in effect throughout the county this evening.

UPDATE 6:52 p.m.: Fire Police are requested to Gilbert Street and Route 5.

UPDATE 7:08 p.m.: Power lines down from a residence on Church Street, Le Roy.  No arcing or sparking at this time.

UPDATE 7:11 p.m.: Bergen requested to stand by in its hall for flooding.

UPDATE 7:17 p.m.: Pavilion requested to stand by in Le Roy's hall.

John S. Dueppengiesser is indicted for grand larceny, 3rd, a Class D felony. It is alleged that in February on Big Tree Road in the Town of Pavilion he stole property with a value of more than $3,000. He is accused of stealing $5,229.55 in various parts and scrap metal.

Judith E. Peterson is indicted for driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 1 in the Town of Le Roy Peterson drove a 2007 Toyota on East Bethany - Le Roy Road while in an intoxicated condition. In count two, she is further accused of aggravated driving while intoxicated, per se, as a misdemeanor, for having a BAC or .18 or more at the time of the incident. In count three, Peterson is accused of driving while intoxicated, as a misdemeanor, for allegedly driving on Bernd Road in the Town of Le Roy on March 23. In count four, She is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time of the March 23 incident. In count five, Peterson is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 23 she knew or had reason to know that her license or privilege of operating a motor vehicle in New York, or her privilege of obtaining a driver's license, was suspended pending prosecution on Feb. 24. Furthermore, she was allegedly intoxicated at the time.

Brenden Robert Jones, 29, of Oakbrier Court, Penfield, is charged with grand larceny, 4th, and criminal possession of a controlled substance, 7th. Jones is accused of stealing more than $2,800 in merchandise from Walmart. Jones alleged had a crack pipe in his possession at the time of his arrest. The investigation is continuing and more charges are possible. Jones was released under supervision of Genesee Justice. Also arrested and charged with grand larceny was Matthew David Marvin, 26, of Old Country Lane, Fairport. Marvin was jailed on $5,000 bail.

Witness Smith, 45, of Laurel Drive, Attica, is charged with endangering the welfare of a child. Smith allegedly left a child who was under his supervision unattended in a motor vehicle at 12:22 p.m, June 16, on Jackson Street, Batavia.

Gordon M. Yohe, 71, of Swamp Road, Byron, is charged with felony DWI, consumption of alcohol in a motor vehicle and refusal to take breath test. Yohe was arrested following a report at 2:38 p.m., June 10, of a suspicious person at a business on East Main Street, Batavia. Yohe was jailed on $2,500 bail.

Tyler J. Aina, 22, of Waterport Carlton Road, Albion, was arrested on a warrant for alleged failure to appear. Aina posted bail and was released.

Jeremy J. Smith, 19, of Loyalist Avenue, Rochester, is charged with criminal contempt, 2nd. Smith allegedly violated an order of protection by contacting a family he was ordered not to contact. Smith was jailed on $500 bail.

Kewa R. Buckman, 43, of Otis Street, Rochester, was arrested on a warrant related to an alleged parking on city streets between 2 a.m. and 6 a.m. Buckman was being held in the Monroe County Jail on an unrelated traffic charges. He was transferred to Batavia PD custody, posted cash bail and was released.

Pauline J. Hensel, 61, of Lewiston Road, Batavia, was arrested on a bench warrant and jailed on $750 bail.

Robert Mitchell Andersen, 44, of Sand Hill Road, Caledonia, is charged with DWI, driving with a BAC of .08 or greater, suspended registration and driving without a license. Andersen was stopped at 5:06 p.m. Sunday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Beniluis Ruiz, 38, of Ellicott Street Road, Pavilion, is charged with criminal sexual act, 3rd, endangering the welfare of a child and unlawful dealing with a child. Ruiz allegedly sexually assaulted a person under age 17. He also allegedly provided alcohol to people under age 21.

Scott Macumber Castle, 52, of Vallance Road Le Roy, is charged with trespass. Castle allegedly trespassed at Byron-Bergen Central School. Castle was allegedly advised previously by school officials to stay off school grounds.

Le Roy fire is responding to a report of smoke coming from the second story apartment at 27 E. Main St.

A second call reports it may be coming from a grill.

Le Roy ambulance and Bergen fire also responding.

UPDATE 9:34 p.m.: Call downgraded to one engine from Le Roy only.

UPDATE 9:27 p.m.: Le Roy fire back in service.

A motor-vehicle accident with injuries is reported in the area 6852 W. Main Street Road, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 9:08 p.m.: Mercy EMS also responding. Route 5 is being closed to eastbound traffic at Bater Road.