Le Roy

Wednesday, the Jell-O Museum in Le Roy celebrated its 100,000th visitor.

Pictured: Lynne Belluscio. left, Director of the Jell-O Museum,
Marilyn Smith, the official 100,000th visitor, her husband Steve Smith and
Adele Friello, friend of the Smiths.

Press Release after the jump:

Press Release:

“We knew it was going to be this week,” said Lynne Belluscio, Director of  the Jell-O Museum.  “We just weren’t sure exactly when, but as we left  Tuesday night, we were only 21 people from the 100,000 mark.”  The Jell-O  museum opened in June 1997, during the 100th anniversary of Jell-O’s  “invention” in LeRoy.  “The first three years, we were only open a  couple of months a year.  Then in 2000, we installed bathrooms, renovated  office space, and put in furnaces and air conditioning. So since then we’ve  been open all year. We’ve been hovering near 10,000 people a year. This  year, we’re setting all attendance records.  We’re already past the 7000  mark with five months to go! Every state in the union - - except North Dakota  have visited - - and there will be another party when they show up. We’ve  had visitors from 20 different countries.”  .

“So Wednesday morning we had a small group in the museum, and we were  counting very carefully, when three people came in, and I said: ‘One of  these folks is it!’”  “Where are you folks from?”  “Johnstown, New  York.”  “What a coincidence. Knox gelatin is from Johnstown.” “We  know.”  “Well, you are our one hundredth visitor since we opened in 1997  and we’d like to present you with the bag of Jell-O items from the gift  shop and a year’s supply of Jell-O – a box per week and a brick in the  Jell-O Brick Road, and an invitation to come back and visit anytime you  want.”

The official 100,000 visitor is Marilyn Smith – and yes she likes Jell-O,  in fact she and her husband, Steve, moved to Johnstown a few years ago, from  the state that consumes the most Jell-O  - Utah.  “So, what brought you to  the Jell-O Museum today?”  It seems that they were in Niagara Falls a week  or so ago and picked up one of our brochures.  Marilyn told her husband that  they had to stop on their trip to Indiana this week. They almost didn’t  stop, because they were supposed to get a head start at 6 in the morning but  were an hour late leaving home.  But as they came to LeRoy, she insisted that  Steve stop.  So after all the picture taking, and the presentation of gifts,  they were another hour behind, but Marilyn and Steve were good sports, and  said they really didn’t mind, and boy do they have a great story to tell - - and Jell-O shirts to wear at the drum corps competition that they are  going to in Indianapolis.  They’ve promised to come back to see Marilyn’s  brick in the Jell-O Brick Road, and the D & R Depot has graciously offered a  gift certificate for lunch on their return to LeRoy.  They did leave behind  the large cluster of colorful balloons that we gave to them.  They decided  that the balloons on a long trip to Indianapolis wasn’t a good idea.

The driver in yesterday's accident on Route 5 in Le Roy has been identified as 18-year-old Mike S. Garrett of 6432 Main Road, Stafford.

Garrett is at Strong Memorial Hospital in guarded condition.

The accident remains under investigation by the Genesee County Sheriff's Office.

Here's the video shot at the scene yesterday:

The name of the driver has not been released yet.  Initial Report

Dispatchers have received multiple 9-1-1 calls for a one-car accident on Route 5 in Le Roy. A car has reportedly run into a tree. The first responder reports extrication will be required. Mercy Flight is being dispatched from Buffalo, where the Batavia helicopter is currently.

UPDATE 1:15 p.m.: I'm just back from the scene.  The driver has not been identified. He appeared to be conscious as he lay on the stretcher, folding his hands when instructed. The cause of the accident is under investigation.  The car's roof was removed and Chief Tom Wood said his legs were pinned inside the vehicle. When I saw the driver, there were no visible injuries to his legs. The car lay at a 45-deree angle in a culvert next to Route 5 just short of a pair of trees. The driver was headed eastbound on Route 5.  Video TK.

A Le Roy man is accused of growing a small quanity of marijuana on his property in the Village of Le Roy.

David Alan Leach, 47, of 24 Munson Ave., is charged with criminal possession of marijuana and unlawfully growing cannabis.

The initial investigation was conducted by Det. John Condidorio, who followed up on a tip that an individual in the village was growing marijuana.

The Genesee County Local Drug Enforcement Task Force assisted in the investigation and helped obtain and execute a search warrant, along with the deputies from the Sheriff's office and the Batavia Police BET team.

Leach was issued an appearance ticket and ordered to appear Le Roy Town Court on Aug. 10.

A Caledonia woman has been arrested in connection with a household burglary in Le Roy in which jewelry and two handguns were stolen.

The handguns have not been recovered.

The woman is also accused of using the victim's car without permission.

Nicole L. Green, 23, of 3165 Maier Lane, Caledonia, was arrested following a week-long investigation by Det. John Condidorio and Sgt. Michael Hare.

The alleged break-in occurred July 24. The homeowner reported somebody had entered the house during the daytime and stole items from a bedroom.

Green was reportedly known by the victim and became a suspect. The victim had previously loaned a car to Green, which Green subsequently allegedly refused to return.

Green was found in Rochester with the car on Saturday, arrested and turned over to Le Roy Police Dept. She was charged with two counts of burglary in the second degree, three counts of grand larceny in the fourth degree and one count of unauthorized use of a motor vehicle.

Bail was set at $1,000 for the unauthorized use of a motor vehicle charge and $7,500 for the burglary and grand larceny charges.

Report from 1st Asst. Chief Michael Sheflin, Le Roy Fire Department (Sheflin also provided the photos):

The Le Roy Fire Dept held its last training exercise at the acquired structure on W Main Rd last night, 7/27/09.

Le Roy was joined by Bergen Fire Dept. under the leadership of Bergen Fire Chief, Scott Crosier.

The training involved 2 types of exercise.First was "Live Burn" training. A small fire is set in a metal container and crews enter the structure to extinguish the flames. This is done under very controlled circumstances to ensure the safety of the firefighters.

The second exercise was ventilation and roof work. As the photos show, Le Roy FD and Bergen FD work very close together to learn each others equipment and tools.

This house has been a valuable asset to the Le Roy FD as well as the surrounding Fire Dept. that were able to use the structure. At this time I would like to thank Wal-Mart and thank the surrounding Fire Depts. that took part in the training. Also I would like to thank Legislator Jay Grasso who showed up to lend his support to the volunteers of the Fire Service in Genesee County.

Volunteer firefighters train every Monday night. Last night I attended Elba's car fire training at the Genesee County Fire Training Center.  I've not yet had time to finish editing that video. I hope I can finish that tonight and post later or in the morning.

The Walgreens in Le Roy is now open, as we learned from a glowing piece of PR published in the Batavia Daily News.

The problem of its construction, which as is downright hostile to other businesses in the village with its parking lot and fence in front of the building, is, of course, still a problem.

And it was a problem the Le Roy Planning Board recognized back in August 2007, according to an article in the Daily News archives:

Planning Board member Jerry McCullough said he would like to see a design consistent with a small-town Main Street look, including having the store closer to the sidewalk and all the parking either behind the building or to one side and the rear.

Planning Board Chairman Robert Dawley agreed. He would like Walgreens to design a store similar to the way the Village Hall sits on its parcel, with green space between the sidewalk and building and its front setback consistent with nearby properties.

"I think it would be visually more pleasing to the community," he said. The traditional downtown look would also provide better sight lines for drivers approaching the traffic light at routes 5 and 19, he said.

I remember being told a year ago that the building would fit into the village.  I wonder whatever happened to that plan?

Meanwhile, the building is already up for sale. Asking price: $5.1 million.

Above, local volunteer firefighters practice evacuating a smoke-filled building on Main in LeRoy. The haziness provides some idea of what visibility might be like during an actual rescue operation. In this case, the smoke is only simulated.

More than 40 firefighters from LeRoy, Stafford and Pavilion participated in Monday night's drill. First Assistant Fire Chief Michael T. Sheflin submitted the pictures.

The building is an old house on the site of the proposed Wal-Mart in LeRoy. The structure was donated to the LeRoy fire department by the chain for use as a training facility. In previous training exercises, Bergen and Caledonia have used the building.

Sheflin writes:

Monday nights drill was search and rescue, teams entered the structure through the side door and through a second story window using a 35' extension ladder. As you can see in the photos, smoke condition and visabilty were limited. Using search and rescue techniques teams located victims ( training dummies that weight 145 lbs ) and removed them from the building using both the entrance way and the ladder. As the photos show, the Le Roy Fire Dept as well as the rest of the fire departments in the area are trained in search and resuce as well as building evacuations.

Shefin added:

If anyone one is interested in joining there local fire department, most departments hold training or meeting on Monday nights in Genesee County. Stop by and the members will be glad to talk to you.

A LeRoy woman spent her 51st birthday this morning pleading guilty to criminally negligent homicide and the criminal sale of a controlled substance.

The case stems from the March 10 death of Yvonne Hart, who used a skin patch containing the narcotic Fentanyl given to her by Joann M. Rusby, of 92 Lake St.

Rusby is scheduled to be sentenced concurrently for the felonies at 9 a.m., Tuesday, Oct. 6.

She waived the right to a jury trial by the "factual admission" of the "sale" of Fentanyl to Hart. Under state law, even though the drug was given to the victim and not sold for money it is still considered a sale because the giver knew it would be used illegally by the victim.

In explaining this, Judge Robert C. Noonan asked Rusby if she gave the transdermal patch to the 53-year-old knowing Hart would apply it to herself.

"Yes, sir," Rusby said softly.

The act resulted in the "unjustifiable death" of Hart, the judge said.

Fentanyl is one of the most widely prescribed synthetic opioids used to treat chronic pain. It is a Schedule II narcotic because of its potential for abuse and is 100 times stronger than morphine.

Rusby, who shuffled into court in shackles, appeared tearful, dabbing her eyes with a tissue. She sat with her shoulders slumped and took deep breaths from time to time.

She originally was charged with third-degree criminal sale of a controlled substance, third-degree drug possession and second-degree manslaughter, which could have resulted in up to 15 years in prison.

The indictment was waived and charges were reduced under a plea deal between Rusby's Batavia attorney Thomas Burns and District Attorney Lawrence Friedman.

As a first-time offender, she faces a maximum of nine years in state prison for the drug sale and one to four years for Hart's death, which will be served concurrently.

In addition, she can be fined up to $5,000. She must pay the justice system a mandatory surcharge of $350 for her crimes, a $50 fee for processing her DNA into the criminal justice data bank, and a 10-percent surcharge of any monetary damages awarded to the victim's family in a civil suit.

After she's released from prison, she'll be on parole for two years.

She remains in Orleans County jail in lieu of $25,000 bail.

In addition, Rusby was ordered to stay away from two women in connection with the case. The one-year order of protection was issued to Jessica Dempsey and Stephanie Arnold.

The courtroom was nearly empty at the hearing, except for myself and two women sitting on the prosecution's side, whom the defendant paid no attention to.

Town and village residents in Le Roy are being asked to consider a new tax for 2010 to help support its local ambulance service, which has been running at a deficient in recent years.

The tax would help offset an anticipated $25,000 shortfall in 2010.

"In order for us to continue to operate in the community, we need tax support," said Bob Boyce, president of the Le Roy Ambulance Service board of directors. "We're only asking for a minimal amount, but if the town residents object and don't allow the tax, the alternative is for us to close the doors."

Boyce said the service is being squeezed by increasing costs and declining revenue from reimbursements from Medicaid and Medicare.

While donations might help, Boyce said even in the best years, the 38-year-old ambulance service raised only $20,000 in contributions.

There will be a public hearing within weeks on the proposal.

Under current state law, it is up to the town to create a tax district and then the village board can enact a local law to extend its authority into the village.

If only the town enacts the new tax, it would mean an addition 12.5 cents per $1,000 of assessed value, or about an average of $14.43 per property. If both the town and village adopt the tax, the rate would be 6.5 cents per thousand, or $7.50 annually on each tax bill.

As the new ground ambulance service being set up by Mercy Flight, Boyce expressed concern that with all the ambulances being based in Batavia, the service won't be able to match the under-five-minute response times of the current Le Roy service. He said it takes 10 to 20 minutes for an ambulance from Batavia to respond to a Le Roy call.

At one time, the Le Roy service was staffed entirely by volunteers, but over the years, the organization has relied more and more on paid professionals, either in terms of its own full-time staff (two people) or a rotation of professionals who live in the area, work on a per-diem basis while maintaining full-time jobs with commercial ambulance services.  There are still 4 or 5 volunteers with the service, Boyce said.

The service generates nearly $400,000 annually insurance billing to help support its operations.

The proposal was presented to the town board on June 25. (We'll get back to you on the date of the public hearing).

PDF: Map, Plan and Report for the Establishment of an Ambulance District

Audio: Portion of an interview with Bob Boyce

The Oatka Festival in Le Roy yesterday may have been the place for all the fun, but the former Creekside Inn -- soon to be the Creekside Tavern & Inn -- was where you heard all the buzz.

The site of many grand times, and no small bit of history, was jammed with people looking over what Bill Farmer and his son are doing to the rustic stone building set against the falls of Oatka Creek.

Farmer is a man passionate about restoration, having put a whole career into working on some of the landmark restoration projects in Rochester. The Creekside project was supposed to be a hobby project, but has become Farmer's full-time avocation. 

For those who think entrepreneurs won't invest in Genesee County, Farmer will have sunk more than $1 million into the project by the time the restaurant and tavern opens next spring.

I spent at least 30 minutes just chatting with Farmer.  He's passionate about the project and believes it will become a destination point, drawing diners and beer lovers from Buffalo and Rochester to a village that has seen better days.  Farmer believes, and I think he's right, the Creekside restoration could spark interest from other developers in the village, which he thinks is one of the great undiscovered villages in WNY. 

The Village of Le Roy is well located, with some great older buildings and plenty of local history to be a draw for shoppers and diners from all over the region.  It's great to see an entrepreneur like Farmer take such a huge step to help save one great building and hopefully spark a new economic era for Le Roy.

I stopped by the Oatka Festival in Le Roy briefly yesterday.  It was a great crowd and everybody seemed to be having a great time. The weather was prefect.

A Bergen woman is accused of stealing more than $58,000 using Internet transfers from an acquaintance.

Renee E. Rowan, 45, of 7527 Gilbert Road, Bergen, allegedly initiated four different transfers of at least $9,000 each.

Rowan was arraigned in Le Roy Town Court and is held in Genesee County Jail on $10,000 bail.

The investigation was conducted by Deputy Matthew Butler and Investigator Timothy Weis, with assistance from Deputy Joseph Graff.

UPDATE: I'm not sure if this is related or not, but a reader points out that Rowan owns staubitzofbuffalo.com (WHOIS database).  The other domains that seem affiliated with that business are registered via an off-shore source that apparently hides the true identity of the domain owners. Here's the WHOIS for hartmanmodelboats.com and loyalhannadockyard.com and taubmansonline.com. All three sites have contact information for Rowan.

UPDATE: I just spoke to Investigator Weis and he said the alleged theft was unrelated to Rowan's businesses and there is no further investigation going on related to those businesses.  He said Rowan allegedly had direct access to the victim's account, but it wasn't business related.

Two Churchville men were arrested and charged in LeRoy with petit larceny by Sargeant Michael J. Hare at 1:39 a.m. today (July 3).

The arrests were made after police noticed a suspicious vehicle in LeRoy Village at the Department of Public Works on North Street.

Daniel J. Gray, 28, of 5839 Chili Riga Center Road and 25-year-old Nathaniel M. Dean of 5 Willowbrook Drive allegedly loaded their car with various kinds of scrap metal, sewer grates and new sign posts, all property of the DPW.

Both men were arraigned in Town Court by Justice Charles Dusen and put in Genesee County Jail in lieu of $1,000 cash bail. They were scheduled to appear again in court at 1 p.m. Aug. 3.

Two cars  hit head-on on Route 5 near Kenny Road in Le Roy on Tuesday about 8 p.m.

Both drivers were transported to Strong Memorial Hospital with minor injuries.

Deputy M. R. Butler investigated the crash and reported that Paul D. Bennett, of 15 Myrtle St., Le Roy, was attempting to make a left-hand turn into the Kwik-Fill station when she spotted a vehicle in the oncoming lane. She reportedly attempted to swerve back into her own lane but didn't make it.

The other driver  was George J. Vagg, of 10321 Creek Road, Pavilion.

Bennett was driving a 2007 Nissan sedan and Vagg was behind the wheel of a 2001 Chevy SUV.

Vagg, 76, reportedly suffered minor cuts to his face. Bennett reportedly complained of abdominal pain.

James Piersma, 49, of 7577 Townline Road, Bergen, is accused of stealing television cable service. He is charged with theft of service. Piersma allegedly stole the service between April 21 and June 24. He was issued an appearance ticket.

Joshua Bratcher, 19, of 88 Lake St., Le Roy, is charged with assault in the third degree. Bratcher allegedly fought a man from Alexander, hitting him in his face and fracturing his cheek bone. Bratcher was issued an appearance ticket.

A 17-year-old from Bergen is accused of damaging the property of another person valued at more than $250. He is charged with criminal mischief. The youth was issued an appearance ticket.

A 16-year-old from Oakfield is charged with coercion and disorderly conduct. Allegedly, the youth was involved in a domestic dispute with his mother. He allegedly threw items inside the house, threatened his mother and prevented her from entering the house.

A 50-year-old Le Roy woman previously accused of dealing drugs is now charged with murder.

Joann M. Rusby, of 92 Lake Street, Le Roy, is accused of contributing to the death of Yvonne M. Hart, 53, whom Rusby allegedly supplied with Fentanyl.

Rusby was originally arrested March 11 and charged with criminal possession of a controlled substance and criminal sale of a controlled substance.

Today, Rusby was charged with manslaughter.  The charge was brought after an autopsy report by the Monroe County Medical Examiner was filed.

Le Roy investigators allege that Rusby recklessly supplied the victim with a Fentanyl patch that could cause death if not properly used and failed to notify the woman of the dangers.  The woman's death is believed to be a direct result of the Fentanyl patch.

Rusby is under supervision of Genesee Justice.