Le Roy

Tie game, the 80th meeting of Cal-Mum and Le Roy, and a coach on the side lines yells, "Just give it to Mistersaro."

During the next drive, Marcus Mistersaro's #40 was called at least four times and the senior who is listed on the roster as a tight end, gained most of the 95 yards he had on the night in those carries.

With runs of 28 and 31 yards, Mistersaro helped set up a three-yard push by Tom Kelso with 39 seconds left in the game to give the Oatkan Knights a 19-12 win.

The loss for the Red Raiders (4-3) knocks Cal Mum out of the playoff picture for the first time in a long, long time.

The Knights (6-1) were already guaranteed a first game at home for the Section V Class C tournament.

After the game, Head Coach Brian Moran praised Mistersaro's work ethic.

"There’s a perfect example of a young man who spent his winter in the weight room and it showed in the 4th quarter," Moran said. "He just dominated the 4th quarter.

"There was a young man who put the weight of the team on his shoulders and said, ‘we’re not going to lose tonight,' " Moran added.

It was a big deal, Mistersaro said, to be given a chance to make a contribution in a big game.

"It means a lot," Mistersaro said. "It's 12-12 against Cal-Mum. You just kind of have to step it up."

For senior outside linebacker Archie Cappotelli the win was special on a couple of levels. One, his family is from Cal-Mum. Two, it's the first time senior players from Le Roy experienced a win against the Red Raiders.

"It means a lot to the whole team," Cappotelli said. "We’ve all been working hard since the beginning of August and even before that in the weight room."

The 6-1 record, Cappotelli said, proves what the players knew even before the season started. This is a good football team.

"Everybody was down on us at the beginning of the season, but we’ve been showing them," Cappotelli said. "We can play. We’re for real. We’re ready to go for sectionals now. This game is going to feel good for tonight, but next week we’ve got to focus and get ready for our next team."

You knew this was going to be a hard-fought game when the first quarter ended without a score from either side.

Cal-Mum got on the board first with a two-yard run by Kurtis Haut, but failed its two-point conversion attempt.

Le Roy struck back on the next drive when QB Mike McMullen hooked up with  Ryan McQuillen on a 53-yard pass. A Dylan Johnson extra point made the score 7-6.

The Red Raiders opened the second half with a TD drive capped by Haut's one-yard dive into the end zone.

But the Knights didn't get down, Cappotelli said.

"We never gave up," Cappotelli said. "This team is like a big family. We're all good, ready to go. We knew we were going to win."

A safety later in the quarter made the score 12-9, setting up a big decision in the fourth quarter when Le Roy was near its own end zone on 4th down with four yards needed for a first down.

At first, Moran sent out the offensive unit, ready to go for it, but as the Knights lined up for a play, Moran called time out.

Thomas took the field and kicked the ball through the up-rights to tie the game.

"12-12 is 12-12," Moran said. "If we tie it up, we extend the game. Dylan did a great job for us tonight."

Moran was excited about the win and his players. After a big stop at the close of the first half when a Cal-Mum drive stalled one the one yard line, Moran charged onto the field pumping both fists, congratulating his players.

He was just as excited when time ran out and the win was secured.

"These games are always big," Moran said. "Caledonia is six miles down the street. Any time you play them, it’s a big game. It’s great for our communities, and that’s what it’s about. High school football. These kids know each other and they talk all the time. It’s just nice to get together."

He's also proud of his team's 6-1 record going into sectionals. He said this team has been special.

"It’s enjoyable when you come to practice and kids are ready to work hard," Moran said. "When you have young men who want to learn and do the things you ask them to do, it’s just a pleasure to coach them. You know, they’ve done the things we’ve asked and it’s shown on the field."

In the game, besides Mistersaro's 95 yards on eight carries, Kelso had 16 yards on 16 carries and one TD. Dylan Johnson had four rushes for 10 yards. McMullen was 2-8 for 53 yards and was intercepted twice.

On defense: Kody Lamkin, 10 tackles, 1 for loss, 1 pass breakup;  Zack Fitszimmons, 10 tackles, 1.5 for loss;  Cappotelli,  9 tackles, .5 for loss;  Kelso, 9 tackles, 1.5 for loss; Mistersaro, 5 tackles; Sean McMullen, 5 tackles; Alex Dunn, 4 tackles, 2 pass breakups; McQuillen, 3 tackles, 1 interception.

In other Friday night action:

• Holley beat Oakfield-Alabama 36-0
• Alexander beat Pembroke 42-6

No stats are available for these games.

If you're unable to view the slide show below, click here. To purchase prints of these photos, click here.

A Tonawanda business was evacuated early this morning after an employee found what he thought was an explosive device in the work space of Paul Kaiser.

Kaiser, 26, of 12335 Bullis Road, East Aurora, was charged in Le Roy yesterday with criminal possession of a weapon after a homemade hand grenade was allegedly found in the trunk of his car.

At 8:30 a.m., a co-worker at Anderson Equipment Company reported finding what appeared to be an explosive device in Kaiser's area of the building.

It turned out to be a novelty item and posed no threat, according to WIVB.

The Erie County Bomb Squad searched the building and found no evidence of weapons or explosive devices concealed there.

According to WIVB, authorities do not believe Kaiser planted the novelty item with the intent to scare people. He faces no new charges in Erie County related to this incident.

A 26-year-old Erie County resident is facing a felony weapons charge after his car was stopped in Le Roy this morning and a home made grenade was allegedly found in the trunk of his vehicle.

Paul R. Kaiser, of 12335 Bullis Road, East Aurora, reportedly consented to the search after a Le Roy PD officer informed Kaiser he believed he smelled marijuana coming from the vehicle.

Kaiser was initially stopped on Lake Street for allegedly speeding.

After the explosive device was discovered, Kaiser reportedly informed the officer he had made others previously.

Erie County law enforcement later conducted a search of Kaiser's residence, but the results of that search have not yet been released.

During this morning's incident, eight homes on Lake Street were evacuated and Route 19 was closed from about 6:45 a.m. to 9 a.m.

The State Police Bomb Squad was dispatched to the scene and determined the alleged explosive device was live and dangerous. It was removed to a safe location, according to Le Roy PD.

Kaiser was charged with one count of criminal possession of a weapon, 1st, a Class B felony, one count of unlawful possession of marijuana, speeding, driving with a suspended license and uninspected motor vehicle.

Assisting Le Roy PD at the scene and with the investigation were State Police, Erie County Sheriff's Office, Le Roy Fire Department, Le Roy Ambulance Service, the District Attorney's Office and the Federal Bureau of Alcohol, Tobacco and Firearms (ATF).

About eight residents had to be evacuated from their homes on Lake Street this morning after a routine traffic stop by Le Roy PD led to a bomb scare.

Following the stop for alleged speeding around 7:30 a.m., a police officer conducted a search of a vehicle and found what appeared to be a homemade grenade in the trunk.

The State Police bomb disposal team was called in, Route 19 was closed, and nearby residents were evacuated.

Unspecified charges are pending against the susptect, who was taken into custody. ATF and the DA's office are being consulted.

The suspect was cooperative with police throughout the incident. 

After he was stopped for allegedly speeding, the officer asked to take a look in the vehicle's trunk and the driver consented.

He reportedly told authorities he had made grenades before.

Route 19 has reopened.

PHOTOS: Top, Police officer with gun found in the vehicle. Bottom, a state trooper at the scene. Photos by Alecia Kaus.

Press release:

The Genesee/Wyoming Music Educators announce that 38 local students will be performing at three music festivals in November and December.

Miranda Graham (chorus-alto) from Le Roy has been accepted to Conference All State that will be held in early December. This is the highest choral honor for vocalists in New York. Miranda was chosen from a large field of students due to her high score at State Solo Festival last spring. Dillon Hirsch (saxophone) from Elba was chosen as an alternate.

Thirty-six other students were chosen to represent their schools at Area All State, which is a group of select singers from nine surrounding counties. All students had to audition at a state solo festival held late last spring.

These festivals will take place for seventh- through ninth-graders (jr. high
orchestra/chorus/band) Nov.  2-3, and for 10th-12th-graders (sr. high orchestra/chorus/band) Nov. 16-17.

The entire Genesee County list is below:

CONFERENCE ALL STATE:
Miranda Graham (chorus-alto) -- Le Roy
Alternate: Dillon Hirsch (sax) -- Elba

AREA ALL STATE
Alexander:
Jr. High Chorus -- Hunter Doran, Alynn Franclemont, Matthew Genaway, Mary Guarino, Marissa Scharlau

Sr. High Chorus -- Mitchell Boughton, Aaron Guarino, Nick Guarino

Batavia:
Jr. High Chorus -- Madison Hoerbelt, Tessa Lynn
Jr. High Band -- Ross Chua, Celia Flynn, Andrea Gilbarto

Byron-Bergen:
Sr. High Chorus -- Sarah Donovan, Andrew Magin, Kelsey Swinter
Sr. High Band -- Lucas DeValder

Elba:
Sr. High Band -- Dillon Hirsch

Le Roy:
Jr. High Chorus -- Katherine Funderburk, Sophia Matla,
Jr. High Orchestra -- Thomas Dunn, Sophie Farnholz,
Jr. High Band -- Joshua Laurie, Kieran O'Halloran, Jennifer Stotz
Sr. High Chorus -- Rachel Glucksman, Miranda Graham,

Pembroke:
Jr. High Chorus -- Ryan Curtis, Grace Fingerglow, Samantha Quaranto, Maisy Ross, Sindel Wille
Jr. High Band -- Katie Brown
Sr. High Band -- Matt Kowalski

Oakfield:
Jr. High Chorus -- Sara Anzalone
Sr. High Chorus -- Eliza Pionessa

St. Joseph's
Jr. High Chorus -- Fiona Beck, Kyra Stella

Brian W. Pike, 49, of 37 Lake St., Le Roy; Brant G. Matthews, 17, of 10 Maple Ave., Le Roy; Roxanne M. Redden, 47, of 37 Lake St., Le Roy, and an unnamed 16-year-old female are all charged with endangering the welfare of a child. Pike was also charged with unlawful imprisonment, 2nd. The four individuals were charged following a Le Roy PD investigation into a domestic incident at 6:45 a.m., Thursday, at 37 Lake St., Le Roy. When arriving on scene, officers observed Pike allegedly holding Matthews in a headlock on the floor while Matthews was holding his 3-week-old daughter. Redden and the 16-year-old are accused of being involved in the altercation prior to police arriving. Pike is accused of physically preventing Matthews from leaving the residence. All four subjects were arraigned and released on their own recognizance. DSS assisted in the investigation.

Danielle M. Stevens, 26, of Ford Road, Elba, is charged with petit larceny. Stevens is accused of shoplifting from Tops Market.

Press release:

The Le Roy Police Department collected a total of 88 pounds of excess medications and 15 pounds of sharps in the last Drug Take Back operation which is part of the nationwide campaign run by the U.S. Drug Enforcement Agency.

The Le Roy Police Department wishes to remind all residents that the Le Roy Police Department will take in excess medications any time of the day or night but sharps are only taken in on specific Drug Drop Off days. Please contact the Le Roy Police Department at 345-6350 to request a drop off.   

Le Roy PD suspects that a Buffalo-area man who is accused of stealing $700 worth of baby formula and two boxes of diapers intended to sell the products on the black market, or as the press release put it, at "unscrupulous locations."

A store employee at the unnamed retail location in Le Roy is credited by police with providing crucial information to help catch the alleged shoplifter.

Taken into custody and charged with petit larceny was Edward P. Clark, 23, of Lakeview.

According to Le Roy PD, a store employee spotted an alleged shoplifter leave the store and contacted the dispatch center with a description of the individual, his vehicle and plate number.

As Le Roy PD gathered information at the scene of the alleged crime, law enforcement units in the area were notified of the suspected crime and description of the alleged perpetrator.

After about 10 minutes, a vehicle matching the description was located and stopped by a Sheriff's deputy and state trooper on Route 5, westbound toward Batavia.

The items that were alleged to have been stolen were found inside the vehicle.

The tote contained 44 containers of baby formula.

Clark was jailed on $1,000 bail.

A 22-year-old Le Roy resident who broke into a friend's house and stole a PS3 game system has 30 days to show Judge Robert C. Noonan he "gets it."

Eric Bratcher, of 7 ½ North St., Le Roy, entered a guilty plea to third-degree burglary after originally being charged with burglary, 2nd, and offered a chance at a "split sentence" (possibly six months in jail and five years probation).

After his guilty plea, he was released under supervision of Genesee Justice with certain requirements for his conduct, including no drug use.

The next time Bratcher came before Noonan, he was accused of smoking marijuana while out of jail under supervision, so Noonan sent him back to jail to await his sentencing.

At that hearing, according to Noonan, Bratcher "editorialized" that he didn't see why it was a big deal. "It was just a little weed," according to Noonan.

Since that time, while in jail, Bratcher has reportedly been going through some rehabilitation programs and making progress.

Rather than sentence him today, Noonan gave Bratcher 30 more days to show what sort of progress he can make. He remains jailed without bail.

Noonan could send Bratcher to state prison.

"I'm not certain it won’t come around to the point where a split sentence could be possible," Noonan said. "I’m going to have to be shown something that Mr. Bratcher gets it and I just haven’t seen it yet."

Noonan expressed concern that Bratcher doesn't understand he committed a serious crime.

"You haven't shown me that you understand that you went into somebody's house and -- even though it was a friend and even though it was just a PS3 that was stolen -- the statement he gave on the condition of his residence before he had any idea it was you (was) 'it looks like a burglary,' " Noonan said. "It doesn't look like a friend who just happened to wander into a friend's house."

A two-car accident is reported on the eastbound Thruway at mile marker 378.6. Le Roy Fire Department and Le Roy Ambulance Service are responding. One car is in the ditch.

UPDATE 5:06 p.m.: All parties involved are sign-offs. Le Roy is back in service.

Following a slow-speed chase through the Village of Le Roy, a Rochester resident was arrested and charged with multiple crimes, including felony DWI and fleeing a police officer.

Nicholas M. Klusek, 31, of Electric Avenue, Rochester, was jailed on $25,000.

The chase started about 10 p.m., Friday, when a Le Roy PD officer observed Klusek's vehicle allegedly fail to stop for a stop sign and make a turn without a turn signal. The officer attempted to initiate a traffic stop, but Klusek allegedly just kept driving.

The chase wound its way down several village streets and was joined by a Sheriff's deputy, who observed the driver stop at Village Square and run into the woods.

The deputy apprehended Klusek.

At one point, Klusek reportedly stopped his vehicle and as a Le Roy officer exited a patrol car, Klusek allegedly put his car in reverse and hit the passenger door of the patrol car.

The officer was not injured.

Besides felony DWI and fleeing, Klusek was charged with aggravated unlicensed operation, 1st, attempted aggravated assault on a police officer, unlawful possession of marijuana, 12 counts of failing to signal, five counts of failing to stop, two counts of speeding in zone, one count of failing to yield to an emergency vehicle, one count of leaving the scene of a property damage accident and one count of unsafe start.

The alleged assault on a police officer is a Class C felony.

My intention was to stop for sweet corn. What I found when I pulled into Pully's Farm Market on Route 19 in Le Roy was a fall festival.

Owner Dave Pullyblank opened the market in the spring of 2008 on the farm that has been in his family since 1804. His goal then as now is to turn the farm into a family-friendly, agri-tourism attraction.

For fall, Pully has transformed his farm into a wonderland of play areas colored by the vibrant oranges, yellows and greens of the harvest season.

There is a corn maze, pumpkin cannon, corn (instead of sand) box and duck race, but Pully said the number-one attraction is the pumpkins.

The variety, he believes is the largest available in any single location in New York State.

"What I say is all these weird colored pumpkins, that’s fall," Pullyblank said. "You won’t find more variety of a decorative product in any other place. Anybody can grow an orange pumpkin. You won’t find anybody else growing that product in there (the green house)."

Pully's goal is to be a year-round destination. In the spring he sells bedding flowers, hanging baskets and vegetable seedlings. During the summer, he sells produce, including sweet corn, which he believes is the sweetest you'll find, plus tomatoes, peppers, cucumbers and squash.

"The biggest thing I tell the folks, at the end of the day, the stuff that hasn’t sold goes to my cows, so when you come the next day, the stuff was picked that morning," Pullyblank said.

He wants kids to learn where their food comes from, Pully said. Eventually, he plans to include farm animals as part of his attractions for families.

For winter, Pully would like to sell u-cut and pre-cut Christmas trees, but two dry summers have slowed the growth of the trees.

What Pully doesn't sell, he brings in from other area farms.

"I can’t do it all, but I want to get it from the other farmers as close as I can," Pullyblank said.

All of the attractions and products at Pully's now will be available through the end of October.

The property has been in Pully's family for at least six generations and Pully got his start driving a tractor for his grandfather when he was 7. Pully said his farm is the last of the original four Le Roy farms still being run as a family operation by the original family.

The spring of 2008 turned out not to be a great time to start a new business, Pully admitted. It hasn't always been easy to grow a business during down economic times, but each year he keeps adding new products and new attractions.

"You have to keep going forward," Pullyblank said. "No matter what, you’ve got to keep going forward. If you don’t, you’re going to go stagnate and then there’s no reason for people to come out and see what you’re doing."

Pully's Farm Market is located 8160 Lake Road, Le Roy.

Le Roy PD is chasing an individual, now on foot, though the chase initially involved a vehicle and was largely contained to streets in the village.

The subject is now on foot heading toward the Royal Apartments.

A deputy has spotted an individual in the woods off Gilbert.

We didn't hear how or why the chase started.

UPDATE 10:08 p.m.: A deputy has the subject in custody and his walking him toward Gilbert.

UPDATE 10:10 p.m.: A Le Roy officer involved in the vehicle chase has requested a tow truck to Le Roy Village Square.

UPDATE 10:17 p.m.: It sounds like the subject is in custody. Possible charges include unlicensed operation and unlawful possession of marijuana.

UPDATE 10:38 p.m.: The chase began with an attempted routine traffic stop on Route 19 at about 10 p.m. The green 1997 Chevy pickup truck made a left on Summit heading south at 39 mph. The vehicle is registered to a village resident. The driver was described as a white male. From Summit, the vehicle turned on Union, back toward Route 19. From Route 19 to Munson. The truck then went north on Gilbert, from Gilbert to Myrtle Street, then left on Craigie heading toward Route 5. On 5, the vehicle head westbound. An officer stated, "he's just playing games. He's back in Village Square" behind the American Legion Hall. It was shortly after going to Village Square that the suspect exited the vehicle and started running.

Press release:

The Le Roy Police Department is asking for assistance in identifying the white female in these surveillance photographs as a forgery suspect who has allegedly passed numerous forged checks in numerous locations n Genesee, Monroe and Ontario counties.

If you can identify this female, please contact Detective John Condidorio of the Le Roy Police Department at 585-768-2527, ext. 2219, or Investigator John Falbo of the Ontario County Sheriff’s Department at 585-396-4628.

Le Roy's Wiss Hotel, often referred to as a lost cause, may yet be saved.

A group of citizens pooled their resources and hired Perry-based revitalization expert Rick Hauser to conduct a feasibility study on whether the Wiss could once again be a viable business.

Hauser's short answer: Yes.

Though an expensive proposition, the old hotel building is structurally sound enough to be restored and the resulting mix of retail space and apartments would provide a return on investment.

Hauser's report suggests creating a limited liability corporation that would take the lead on the project.

Funds would come from investors -- both cash and in-kind (such as a plumber doing work in exchange for shares in the company -- tax abatement and a no-interest loan from the village.

Rather than spending upwards of $400,000 to destroy the Wiss and remediate any existing environmental problems, the money would help seed the restoration and rebirth of the building at the corner of Route 19 and Route 5, the west-end entry into the village.

The village would also need to apply for and receive National Register Historic District designation that includes the building.

The financial analysis also assumes a 10-year PILOT grant from the Genesee County Economic Development Center.

Hauser's feasibility study proposes four retail spaces on the first floor and five large, high-ceiling, light-filled, market-rate apartments -- ranging in size from 800 to nearly 1,400 square feet -- on the second and third floors.

Under such a plan, at 100-percent occupancy, the building would eventually turn over $34,000 in annual net profit.

There was little discussion of the report -- which wasn't an item on the agenda -- at the village board meeting Wednesday night.

Supporters of the project said they just wanted to get the report in the hands of trustees quickly, before the village committed to destruction of the building.

It's been two years since local businessman Pete McQuillen decided to build a senior housing project on property he owns in the Village of Le Roy. The approval process has taken about a year longer than he expected.

And it's still not approved.

The final approval must come from the village board of trustees, but with two members of the five-person board declining to participate in the decision, the trustees are barred by local law from taking a vote.

In response, Village Attorney Laurence W. Boylan (photo: top inset) has drafted a proposed change to the law that would give trustees the authority to move forward.

A public hearing was held Wednesday night on the proposal and village residents expressed both a willingness to support the change, mainly for McQuillen's sake, and opposition.

McQuillen's plan is to build 26 homes on 13.1 acres east of Robbins Road and south of Filmore Street, with prices ranging from $130,000 to $160,000, and sold as part of a planned community to seniors.

Opposition to the project has come primarily from residents of Robbins Road (where McQuillen also lives), led primarily by Town Supervisor Stephen Barbeau (photo: bottom inset) and resident David Boyce. Barbeau and Boyce brought a lawsuit against the village that effectively overturns the board's previous approval of the project.

In order for the project to go forward, the village board must approve a zoning change to what's known as a planned unit development (PUD).

Because more than 20 percent of the residents in the immediate area signed a petition opposing the change, under current village law, it takes approval from four of the five trustees (known as a "super majority") to make the change.

Two trustees -- Bob Taylor and Mike Tucci -- have said they have a conflict of interest and recused themselves from making a decision, and voting, on the project.

With two members not participating, the remaining three trustees can't even vote on the issue, let alone achieve the super majority necessary for approval.

The proposed change in the zoning code would allow for a simple majority vote (only three yes votes required).

However, the change in the law would effect all requests for zoning changes in the future, and some at Wedensday's meeting -- even those who support McQuillen -- said that could open a potential Pandora's Box of unintended consequences.

Residents would lose some power to block unwanted zoning changes.

"We're supposed to be governed by law and not by men," Hank Barbeau said. "What you're trying to do here, it seems to me, is adjust the law to make it fit the man. It's that simple to me. Am I that ignorant that I can't see it? That's a very shrewd way, some might say, to get your way."

McQuillen noted that his proposal has been reviewed and removed by various agencies and boards nearly a dozen times and has received very little opposition from officials. If at any time he had been told no, the project would have ended, but officials have never found a reason to object to the project.

Now the project is in limbo because of the village board's inability to act and he's losing money. He needs to do some things to keep the project moving forward, but is hesitant to spend more money given the present circumstance.

"To come back and be told the board doesn't have a quorum would just be flushing money," McQuillen said.

Several residents implored Taylor (photo: middle inset) and Tucci to drop their recusals and participate in a vote.

Attorney Boylan has said that while a board member is free to recuse himself on a vote he feels he has a conflict with, the actual state law requiring recusal is very narrow and specific and he doesn't see it applying to Taylor and Tucci.

After repeated requests from residents for reconsideration by Taylor and Tucci, Tucci spoke up and said he feels he has a clear conflict of interest.

David Boyce is his boss and controls his compensation. He also has an employment contract with Tompkins Financial Corp. that requires him not to participate in any decision on the board in which he has a financial interest. He offered his code and conduct and employment contract up for any other attorney to review to see if it says something other than what he believes it says.

"I would love to hear another opinion on the matter," Tucci said. "It's pretty simple to me. It's inappropriate for me to vote on this knowing these facts."

The first time Robbins Nest came to the village board for approval, Taylor did vote on it. He voted no, and though he feels he cast his vote in good conscience, some residents accused him of voting no only because Steve Barbeau his is nephew.

That pressure convinced him that if his vote couldn't be viewed as impartial, he should not participate in the decision.

"People who know me know I wouldn't vote for him just because he's a relative," Taylor said. "You ask my nephew. I haven't always voted for him all these times. He's not always right."

As the discussion continued, Taylor expressed some willingness to reconsider his recusal, but Boylan said that may not be possible. He said he will need to research whether it's legal for an elected official who has recused himself from an issue to reenter the discussion.

Barbeau expressed frustration with people he believes pressured Taylor over his previous vote and now complain about him recusing himself.

"You know who you are," Barbeau said.

The proposed change in the law will now go to the county planning board for review. It will then come back to the village board for a possible vote. No date has been set yet for the vote.

A 26-year-old woman who recently relocated from Florida to Le Roy was arrested today, accused of stealing a purse from a local business and then using debit and credit cards to make purchases at local stores.

Maria A. Matos was taken into custody after an employee of a retail store in Le Roy became suspicious of a woman who was carrying multiple credit and debit cards and so contacted authorities.

The employee said the woman left in a local taxi and Le Roy PD began a search for the cab.

When located on Route 5 in Stafford, the taxi had no passenger and the driver said he had dropped off a woman at a business on Lake Street because she admitted she didn't have cash for the fare.

That led police to the residence of Matos, who was staying in a boarding house on Lake Street.

According to Le Roy PD, Matos was allegedly found in possession of two stolen credit cards and the identification of a Medina resident.

Numerous items purchased with the allegedly stolen cards were also found in the room.

About this time, Batavia PD received a report of a purse being stolen from an office in Batavia.

Police accuse Matos of allegedly stealing the purse and then securing a taxi ride to Le Roy, where she used the stolen credit cards.

Matos was arraigned on two counts of criminal possession of stolen property, two counts of identity theft, two counts of unlawful possession of personal identification, two counts of petit larceny and one count of theft of services (for allegedly not paying for taxi fare).

Following arraignment, Matos was jailed on $2,500 bail.

Further charges are pending in Batavia.

A proposed local law to change how voting is done regarding zoning amendments is the subject of a public hearing tonight at the meeting of the Village of Le Roy Board of Trustees.

No vote will be made this evening on the proposed legal change, but public input is sought and encouraged. The meeting is at 7 in the Village Hall at 3 W. Main St.

Called "Proposed Local Law #4 of 2012," it would amend Chapter 215 of the Village Zoning Code, sections 215-18, by adding a new subsection -- "F."

This addition would make it possible for a simple majority of the board of trustees, rather than a super majority (4/5), to approve a planned unit development (PUD) and the land use regulations, restrictions, zoning, boundaries, etc., pertaining to it.

Also, a simple majority vote in favor would "adopt and enact" the zoning changes regardless of whether the proposal has been the subject of a protest petition signed by 20 percent of the affected nearby property owners.

Of course, this proposal is directly related to the controversial Robbins Nest project -- contractor and lifelong Le Royan Pete McQuillen's plan to build 26 "patio homes" for people 55 and older on 13.1 acres east of Robbins Road and south of Filmore Street. His plans are not popular with many residents near the Robbins Nest site, who have signed a petition against PUD zoning. Others welcome the idea because, if built, it would help boost the tax base for sorely needed public services.

But to accommodate it, PUD zoning -- which is not currently in the village code -- would need to be approved, in order to establish a homeowners' association, walking trails and to permit the developer to retain ownership of the land but not the houses, among other particulars.

The proposed subsection was prompted by the voluntary abstentions of two of the board's five village trustees -- Robert Taylor and Michael Tucci. Both cite personal conflicts of interest. The village lawyer says it's entirely their prerogative to do so. Thus, there is no way under current configurations to vote on McQuillen's plans.

In the written legal proposal, the "legislative findings" of the village board, noted before the language of Subsection F, say that:

From time to time the board receives applications to amend, modify or take action on Chapter 215 of the zoning code. And "being a small village...members may often find themselves in situations where their business, social and/or family relationships present conflicts" that make it necessary or advisable to recuse themselves from voting on certain proposals.

And that the state Constitution and Municipal Home Rule Law provide separate legislative authority to adopt zoning laws, rules and regulations and the village board "finds it advisable to provide an alternate means of dealing with zoning law changes."

Subsection F itself reads as follows:

Pursuant to the New York State Constitution Article IX (2)(b)(3) and the New York State Municipal Home Rule Law (10)(1)(ii)(e)(3), that any land use regulation, restriction or zoning district classification or boundary, or any application for the designation or siting of a planned unit development, whether applied for or proposed pursuant to this Local Law or Chapter 215 of the Village Code of the Village of Le Roy, may be adopted, amended, sited, changed, modified or repealed by the said Village Board by adoption of a local law, and such local law shall be deemed to have been approved and adopted by a favorable vote of a simple majority of the entire Village Board, and shall then take full force and effect as provided in the State Law, regardless of whether or not the same has been the subject of a protest petition signed by the owners of twenty per centum or more, either of the area of the land included in or affected by such action, or of that directly opposite thereto extending one hundred feet therefrom, or of that directly opposite thereto extending one hundred feet from the street frontage of such opposite land, or any similar protest or petition.