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It's a decade since the national home mortgage meltdown but there are still communities plagued by vacant and abandoned properties, including in Western New York, including the Town and Village of Le Roy.

There are about 20 properties in the town and village, Town Supervisor Steve Barbeau (top photo) said last night, that are at a minimum unsightly, but they also present a health and safety issue.

In many cases, if not all, the properties are banked owned and the financial institutions show little interest in dealing with the properties.

"Almost all of these properties are uninhabitable," Barbeau said. "They haven’t been inhabited for years. We’re not talking about 30 days, or 90 days, or 365 days. There are a few in here, as I eyeball it, where it’s been three or four years, most of all the rest of them have been vacant for a decade."

To help deal with the issue, the town and village of teamed up to write a new ordinance that would define vacant and abandoned properties and put some pressure on the title holders to sell the parcels, including a fee that could cost a property owner as much as $1,500 a year if the building continues to sit vacant.

Village and Town officials held a public hearing on the proposed ordinance at the Town Hall last night.

A few of the residents who turned out to speak were either skeptical about the ordinance as written or downright hostile to the idea.

The way Jason Shu has read the ordinance is that if he went on vacation for six weeks, the code enforcement officer could declare his property vacant and abandoned and he would either have to sign a waiver to allow the code enforcement officer to enter the property or pay a fine. He called the law overly broad, subject to selective enforcement, and a potential violation of his Fourth Amendment rights.

"I agree with the whole problem of abandoned property but there’s a different approach to it," Shu said. "It doesn’t seem right. It doesn’t seem fair. The selective enforcement is only going to lead to problems."

Both Barbeau and the town's attorney Reid Whiting said that isn't how the ordinance works.

First, Barbeau said, the ordinance defines temporary vacancy and seasonal use, which would cover a six-week vacation, and the 30-day clock for registering the house wouldn't begin until after a code enforcement officer determined the property appeared to be abandoned.

There are a number of criteria the officer would weigh to make that determination, such as that nobody is living in the house, it's devoid of contents, lacks utility services, is or has been subject to foreclosure, and code violations.

Properties determined "temporarily vacant" would not be required to register as vacant and abandoned.

Whiting said there is no violation of the Fourth Amendment because either the property owner voluntarily signs a waiver or the code enforcement officer would be required to get a warrant to enter the property from a judge.

Leonard Dries attacked the law as a violation of private property rights, yet another high New York tax, and accused Le Roy's elected officials of not listening to his concerns.

Because of the law, he said, which he says is a violation of property rights, the town or the village will end up getting sued.

"You're going to start doing all this stuff on these properties and you’re going to bite the wrong hand and the lawsuit is going to overwhelm you," Dries said.

At times he interrupted other speakers or tried to shout them down.

One of the properties of concern discussed during the meeting is the boarded-up residence next to the Le Roy House. Historian Lynn Belluscio said she fields constant complaints from visitors about the unsightly building.

"They come to us and want to know why Le Roy can’t deal with that property next door," she said.

Dries responded, "Then don’t look at it. Tell them not to look at it."

" I’m going to tell 10,000 people -- " Belluscio said.

"-- you don’t get 10,000 people, you don’t 100 people a day coming through. Le Roy is a dead town," Dries said.

Barbeau rose from his chair and said Dries was out of order.

"That’s what we get to live with twice a month," he said. 

"Oh listen, Stevie Bo-Bo, sit down and shut up," Dries said. "You are paid by my tax dollars. I don’t want to hear your mouth."

Barbeau managed to restore order and the meeting continued.

Belluscio said the Jell-O Museum has made four attempts to buy the abandoned property, but that bank, based in Hong Kong, won't budge on its $119,000 asking price. Belluscio said she couldn't be irresponsible with how she spends the nonprofit's money and the house isn't worth $119,000 with all of the damage. The bank doesn't want to take the loss, though, of selling it for less.

"They really don't have an incentive to sell," Belluscio said. "They sit back and wait as long as they possibly can. They don't care that the house has deteriorated."

Dealing with bank-owned properties is exactly why the new law is needed, said Mayor Greg Rogers (bottom photo), who is also a real estate agent.

"We felt some of our neighborhoods need to have some of these properties picked up and cleaned up," Rogers said. "Or at least give the owners, and a lot of times it’s banks, further incentive to try to get these back on the market and be viable properties.

"If you live in one o those neighborhoods next to an abandoned house, that becomes an issue and it becomes an issue for the street," Rogers added.

Barbeau added later, "if anybody argues that it doesn’t depress the values of properties around it, they don’t have a clue."

A house fire is reported at 865 Gabbey Road, Town of Pembroke. Several callers to dispatch, including the homeowner and neighbors, report flames coming from the residence. The location is between Lyman and Marble roads.

It is four-unit apartment complex, with heavy fire on the east side and no exposures, says a first responder on scene, noting a fire hydrant is in front. All residents are out.

National Grid is called to the scene. Pembroke and Indian Falls fire departments are called along with Darien, East Pembroke, Corfu, and Town of Batavia. Alabama is asked to send a tanker to the scene and a crew to fill in at Pembroke's Fire Hall. The city's Fast Team is also responding and its second platoon is to report to city headquarters.

UPDATE 9:56 p.m.: Pembroke command: "Fire knocked down; checking for extensions."

UPDATE 10:32 p.m.: Jamie Waff, chief of Pembroke Fire District, said shortly after 9 p.m. firefighters were called to a working house fire. When he arrived on scene the east side of the four-unit apartment building was engulfed in flames, which is where the "electrical bank" was located. But the fire had not spread upstairs. All tenants were out. Firefighters quickly made a "good attack" on the structure and were able to get out three pet cats who lived there. They knocked down the blaze and Waff said "very minimal damage" was done inside and minimal damage was sustained in the attack. Waff said, including stand-in and fill-in units, 10 fire companies responded. One tenant was not home at the time the fire broke out, but all residents will be displaced by the fire tonight. The county's Emergency Management Office is handling the situation. "The guys did an excellent job doing a knockdown on the second floor, pulling the ceilings down," Waff said.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

        Adner Davila

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.

Davon St. John, 19, of Oak Street, Batavia, is charged with five counts of second-degree burglary. St. John is accused of five residential burglaries at five locations on Ellicott Avenue, Montclair Avenue, and Union Street, Batavia. One house was burglarized three times and the other two, once each. St. John was jailed on $50,000 bail, $100,000 bond. The burglaries were investigated by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, Officer Mitchell Cowen.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with strangulation, 2nd. Eaton is accused of strangling another person at 4:23 a.m. Sunday at a location on Otis Street, Batavia. He was jailed without bail.

Natalie M. Cervone, 23, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Cervone was a passenger in a vehicle stopped for an alleged traffic violation at 8:30 p.m. Nov. 22 on Clinton Street by Officer Chad Richards.

Brandon J. Micucci, 18, of Main Street, Alexander, is charged with unlawful possession of marijuana. Micucci was allegedly found in possession of marijuana at 9:15 p.m. Nov. 20 at DeWitt Recreation Area by Officer Stephen Cronmiller.

D'andre J. Cramer, 18, of Maple Street, Batavia, is charged with unauthorized use of a vehicle, petit larceny, and criminal possession of stolen property, 5th. Cramer was arrested in connection with a report of a vehicle theft reported Sept. 4 from a location on Columbia Avenue. There was also an alleged theft from the vehicle. He was jailed on $1,000 bail.

Jason Scott Hall, 28, of Rochester Road, Gasport, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hall was arrested by Deputy Howard Wilson following a DEC license check on Feeder Road, Alabama, at 11 a.m. on Friday.

Jake T. Flick, 23, of Oakfield, is charged with unlawful imprisonment, 2nd, harassment 2nd, and acting in a manner injurious to a child under age 17. Flick was arrested in connection with an incident reported at 2:54 a.m. Saturday by State Police. No further information released.

A 19-year-old Batavia woman died this morning after her 2004 Dodge Neon struck a tractor-trailer on Pearl Street Road at Wilkinson Road, Batavia.

Tori Nigro was pronounced dead at the scene by Coroner Karen Lang.

Investigators believe Nigro, who was northbound on Wilkinson Road, failed to stop at the stop sign at the intersection.

Her car struck the truck's passenger-side wheels. Her vehicle came to rest in the eastbound lane of Route 33 and the truck came to a controlled stop just east of the intersection.

No charges have been filed.

An investigation by the Crash Management Team is ongoing. Assisting in the investigation are Deputies Kevin McCarthy, Andrew Hale, Eric Andre, and Investigator Chris Parker. 

Assisting at the scene were the East Pembroke Fire Department, Corfu fire, Town of Batavia fire, and the Fire Coordinator's Office.

(Initial Report)

A motor-vehicle accident with injuries and entrapment is reported at 2745 Pearl Street Road (Route 33) at the intersection of Wilkinson Road in West Batavia. East Pembroke Fire Department and Mercy medics are responding. The availability of Mercy Flight is being checked.

"We believe the vehicle may be underneath a tractor-trailer," says a dispatcher.  "...Multiple vehicles." A BLS ambulance out of Darien is called for evaluations of patients. Fire police from Corfu are asked to shut down traffic on Route 33 at Read Road; Town of Batavia Fire Department is asked to close Route 33 at Hopkins Road.

UPDATE 1:26 p.m.: This is a fatal accident. More T/K.

An accident with injuries and possible shots fired reported on Galloway Road, between Downey Road and Kelsey Road, Batavia.

The report is that a driver swerved to miss a deer and a hunter fired at the deer.

Town of Batavia fire dispatched but to stage at Fire Hall.

Mercy EMS dispatched.

Deputies are responding.

UPDATE 11:05 a.m.: Per a deputy on scene, Town of Batavia fire assignment is back in service.

UPDATE 4:06 p.m.: Per the Chief Deputy Gordon Dibble, reports of hunters firing rounds in the area were not substantiated. Initial investigation indicates a driver was eastbound on Galloway Road when two deer ran in front of the vehicle from the north, causing the driver to swerve. The driver struck a fire hydrant, shearing it off, in the area of 3321 Galloway. There were no injuries.

Janet L. Gatley, 48, of Niagara Falls Boulevard, North Tonawanda, is charged with falsifying business records, 1st, criminal possession of a controlled substance, 7th, petit larceny, and violation of public health. Gatley is accused of stealing numerous controlled substances from UMMC, where she was employed. The alleged thefts were investigated by Batavia PD and the State Attorney General's Office.

Jordan J. Schunk, 18, of Alexander Road, of Alexander, is charged with unlawful possession of marijuana. Schunk was allegedly found in possession of marijuana while in DeWitt Recreation Area after hours, at 8:58 p.m. Monday.

Jammie Lee Brown, 26, of Gates-Greece Townline Road, Rochester, is charged with harassment, 2nd. Brown is accused of grabbing and pushing another person while at a gas station on Route 19, Town of Le Roy, at 4:31 p.m. Thursday. Brown was jailed on $250 bail.

Kenneth Carl Niles, 26, of Route 88 North, Newark, is charged with petit larceny. Niles is accused of shoplifting from Walmart. Also charged, Scott James Gunkel, 38, of North Main Street, Newark.

Collin Wickings, 24, of Bergen, is charged with first-degree sex abuse. Wickings is accused of sexual contact with a child less than 11 years old. Wickings was arrested as a result of an investigation by State Police. No further information released. The investigation is pending.

       Joseph James

Joseph B. James, 36, of Central Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

James is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions last month. 

Task Force members arrested James at the County Courts Facility while he was being sentenced in an unrelated case.

He was jailed without bail.

His arrest comes following an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

The District Attorney's Office assisted in the investigation.

Press release from the GC Sheriff's Office:

A 30-year-old Perry man is charged with DWI after a rollover accident early this morning on Route 63 near Fargo Road in Bethany.

Kenneth Wayne Wilson Jr., of Burke Hill Road, is also charged with: speed not reasonable and prudent; uninspected motor vehicle; moving from lane unsafely; and leaving the scene of a property damage accident.

The actual location of the single-vehicle accident was determined to be 5604 Ellicott Street Road (Route 63) and it occurred at 1:24 a.m.

Deputies responded and after an investigation they arrested Wilson.

It is alleged that he was driving while intoxicated. He was transported to Strong Memorial Hospital via ambulance. He was released on appearance tickets returnable to Bethany Town Court at 7 p.m. on Jan. 9.

The case was investigated by Deputy Travis DeMuth, assisted by Deputy Jeremy McClellan.

For previous coverage, click here.

As friends and customers have found out her plans, people have told Kathy Ferrara, "This must have been your dream all along" -- becoming owner of Batavia's Original.

That's not the case, said Ferrara yesterday, hours after closing a deal with the previous owner, Jeff Reddish, of Rochester, to buy the popular local restaurant.

"I never planned on buying it," Ferrara said. "I just enjoyed what I did. I did it 100 percent. I was trustworthy. This wasn’t my plan. It was definitely that God wanted me here. I’ve tried leaving a couple of times and He made it really clear that this is where I’m supposed to be. He made this happen so only good things are going to come from that."

Before Batavia's Original was Batavia's Original, it was Pontillo's, Batavia's first pizza parlor, and Ferrara started working for Sam and Betty Pontillo 29 years ago as a waitress.

Sam and Betty, she said, took her under their wings and taught her the pizza business from top to bottom. She was trained in every job in the restaurant.

By the time Sam and Betty's sons took over, she was a manager.  

When that business collapsed in 2010, Ferrara was the one who broke the news to the staff.

When Reddish bought the business and the building at 500 E. Main St. out of bankruptcy, it was Ferrara that Reddish called to run the business.

"Jeff Reddish taught me the ins and outs of the business," Ferrara said. "He taught me how to make payroll and meet food costs together. He was a good teacher. He was great to work for, a really good boss, fair, basically let me do things the way we've been doing all these years."

Earlier this year, Ferrara asked Reddish, who owns restaurants in Rochester, if she could become a partner in the Batavia location.

"He wasn’t looking to sell," Ferrara said. "He wasn’t going to put it on the market. That wasn’t in his plan at all. I approached him and he said ‘I’m not looking to sell, but I would sell it to you.’ He’s the one who got the ball rolling and made it happen.”

Ferrara is a graduate of Pembroke High School and Genesee Community College. She is married with three children, Ashley, Mary-Grace, and Daniel, and one grandson.

Local ownership of the restaurant is important to Ferrara, she said. She will have more control over local promotions, support of local charities and organizations, and who she hires as vendors.

"Now that it is locally owned again, that makes a big difference," Ferrara said. "Everybody I’ve dealt with so far, the website designer, maintenance, plumbers, they’re all local. So everything is back local, in Genesee County, so that only helps the community."

She will keep the name, Batavia's Original, picked after Reddish learned he couldn't retain the name Pontillo's. Ferrara said it only makes sense.

"This is the original pizza of Batavia," she said. "It’s the same recipe. We haven’t changed any of the recipes."

The return of Pontillo's/Batavia's Original to local ownership will be celebrated with a ribbon cutting at noon on Saturday.

Ferrara said she will also continue Sam and Betty's tradition of taking good care of the staff and ensuring restaurant guests get great service.

"Everybody is treated fairly," Ferrara said. "It’s a fun environment to work. I always work around their schedules. The staff is mostly college students and high schoolers."

Being able to do more for the staff of 35 employees is another reason Ferrara was motivated to buy the business, she said. Taking care of employees pays off in better customer service.

"Anybody who comes here to eat will always leave with a good experience," Ferrara said. "Everyone who works here gives 100 percent. I get compliments all day long about the staff. People say they look like they love it here and they do. That’s something the Pontillos taught me, is how to treat the staff. Sam and Betty treated everybody like family."

Photos by Steve Ognibene.

      Cory Jackson

Cory D. "Stacks" Jackson, 34, of Oriole Street, Rochester, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Jackson allegedly sold crack cocaine to an agent of the Genesee County Local Drug Task Force on two occasions in August in the City of Batavia. 

He was arrested on a sealed grand jury indictment during a traffic stop on Pearl Street yesterday. 

He was ordered held without bail.

Jackson was identified as a suspect during an investigation into the sale, transportation and possession of crack cocaine in the City of Batavia.

Assisting in the investigation was Batavia PD, the Sheriff's Office, and the District Attorney's Office.

      Lionel Anderson

Lionel J. "Chicago" Anderson, 45, of Oak Street, Batavia, is charged with two counts of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance.

Anderson is accused of selling crack cocaine on two occasions in August to an agent of the Local Drug Task Force. 

Anderson was arrested at his residence last week. 

He was jailed without bail and held for further court proceedings.

Anderson's arrest comes as part of an investigation into the transportation, sale and possession of crack cocaine in and around the City of Batavia.

State Police, Batavia PD, and the District Attorney's Office assisted in the investigation.

The City of Batavia ranked favorably when compared to other cities in New York State in taxes per capita and expenditures per capita, despite receiving less in state and federal aid, according to 2016 local government and revenue statistics compiled by the Empire Center, an independent, nonprofit think tank located in Albany.

“While I haven’t taken a real close look at the report, I can say that it does reflect positively on the city’s budget compared to other cities based on the rankings,” City Manager Jason Molino said this morning.

The Empire Center’s report lists the city’s per capita dollar amounts for taxes, debt, revenue and spending and breaks them down into 33 different categories. It has Batavia’s population in 2016 as 15,465.

The city’s assessed value per capita was $35,595 – less than the Upstate area’s medium city average of $40,516 – and its taxes per capita were $803 – less than the $921 Upstate area average. The $803 figure is on the low end of the state’s rankings at 39^th out of 61 cities, other than New York City, and 27th out of the Upstate area's 48 cities.

What that means is that residents of 38 other cities in New York and 26 other cities in the Upstate area paid higher taxes on a per-person basis.

Furthermore, Batavia’s debt per capita was $653, well below the $1,640 Upstate area medium city average, ranking 51^st across the state and 39th in the Upstate area.

On the revenue side, Batavia received $1,903 per capita in total revenues, less than the $2,301 city average, which ranked 44^th in the state. The city received $193 in state and federal aid per capita, again much less than the average of $356 and ranking in the mid-40s across the state.

The report showed Batavia’s total expenditures per capita to be $1,479, more than $500 less than the state city average of $2,051, which resulted in a ranking of 52^nd out of 61. Among expenditures, only Batavia’s spending for utilities per capita was higher ($229 compared to $154) than the average.

City Councilman Adam Tabelski said the report's "key indicators -- taxes, debt and spending -- are things that are directly under our control, and the objective data shows that we're managing things well."

According to its website, the Empire Center’s mission is to make New York a better place to live and work by promoting public policy reforms grounded in free-market principles, personal responsibility, and the ideals of effective and accountable government.

The theft of a cash box from Plaza Spirits in Eastown Plaza in Batavia last Thursday had a familiar ring to Kevin Rathod, owner of Mr. Wine and Liquor in the Tops Plaza, so he went back and reviewed his own surveillance video from a similar theft in his store this past August.

In that video, at least one of the suspects looks to be the same man suspected in photos from the Plaza Spirits heist.

According to Rathod, two men worked in tandem one afternoon in August to enable one of them to steal a casher's purse from a backroom. The thieves made off with $500 cash and a credit card. The credit card was used to run up $1,100 in charges, including purchases at another local liquor store.

Batavia PD confirmed the crime was reported in August and it's possible the larcenies are related.

At least one of the same men, using the same mode of operation, appears to have been involved in a theft from a liquor store in September in Rochester, according to this 13WHAM report. In that case, the accomplices allegedly made off with $10,000. 

The system these alleged thieves are using, Rathod said, is for one subject to distract an employee or employees while the other scouts for something to steal and then makes off with the item.

"I think local business owners should be aware of what's going on," Rathod said.

Below, video shared with The Batavian by Rathod. Note that we edited it to remove as much as possible views of an unrelated individual who walked into the store. The suspect who looks similar to the suspect in photos from Plaza Spirits is the man in the white T-shirt.

Arsenio Youngs, 27, of Medina, is charged with criminal sex act, 2nd. Youngs is accused of a sex act with a disabled person in the City of Batavia. The complaint was made to State Police at 4:31 p.m., Nov. 1. Youngs was also charged with the same crime in the Town of Perry based on a complaint to State Police at 10:01 a.m., Nov. 1. Youngs was released on his own recognizance. No further details released.

Erika L. Gilson, 37, of West Main Street, Le Roy, is charged with felony DWI, three counts of felony aggravated DWI, and felony driving with a BAC of .18 or greater. Gilson was stopped at 3:05 p.m. Wednesday on West Main Street, Village of Le Roy, by Le Roy PD. Gilson was accused of driving while intoxicated with three children in the car under age 16. She was jailed on $2,500 bail.

Shane M. Nugent, 32, of West Middlebury Road, Wyoming, is charged with DWI, driving with a BAC of .18 or greater, and failure to keep right. Nugent was stopped at 2:19 a.m. Saturday on Warsaw Road, by Le Roy PD.

Daun Elizabeth Monachino, 58, Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, improper left turn, improper right turn, and no left side mirror. Manachino was stopped at 4:34 p.m. Sunday on Richmond Avenue, Batavia, by Deputy Richard Schildwaster, following a citizen traffic offense complaint.

Tyler Lee Walls, 21, of Viking Way, Brockport, is charged with menacing. Walls allegedly threatened another motorist during a road rage incident reported at 1:36 p.m. Sunday on Warboys Road, Bergen.

Anson Torpe Arenas, 43, of Lexington Parkway, Rochester, is charged with driving while ability impaired by drugs, driving left of pavement, driving a vehicle without a valid inspection, insufficient tail lamps, and driving with alcohol in a motor vehicle. Arenas was stopped at 6:16 p.m. Saturday on Townline Road, Bergen, by Deputy Ryan DeLong.

Shawn William Cross, 46, of Craigie Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater. Cross was arrested following a report of a car vs. deer accident at 9:18 p.m. Friday on Perry Road, Pavilion, by Deputy Travis DeMuth.

Jenna Leann Hernandez, 21, of Hutchins Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, driving left of pavement marking, and driver's view obstructed. Hernandez was stopped at 2:16 a.m. Saturday on Wortendyke Road, by Deputy Howard Wilson.

Jeremy Sheehan, 35, of West Bergen Road, Le Roy, is charged with menacing, 2nd. Sheehan allegedly displayed a handgun to a resident in a nearby apartment at 1:18 a.m. Thursday at a location on West Bergen Road, Le Roy. He was jailed on $1,000 bail or $3,000 bond. 

David Michael Bratt, 38, of Carolina Avenue, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, moving from lane unsafely, and driving left of pavement markings. Bratt was stopped at 12:54 a.m. Wednesday on Lewiston Road, Alabama, by Deputy Ryan Young. 

Kari Ann Marble, 26, of Pratt Road, Batavia, is charged with petit larceny. Marble is accused of shoplifting from Kohl's Department Store on Veterans Memorial Drive in Batavia at 11:58 a.m. on Nov. 9.

Sarah A. Cheek, 33, of Rochester, is charged with unlawful possession of marijuana. Arrested as part of the same incident was a 16-year-old on an execution of a bench warrant. The incident was reported at 10:48 a.m. Sunday on Route 237, Byron, by State Police. No other details released.

Christina M. Sarratori, of North Chili, is charged with criminal trespass, 3rd. Sarratori is accused of entering an enclosed area at 8315 Park Road, Batavia. The incident was reported to State Police at 12:52 a.m. Saturday.

Amanda M. Volkman, 32, of Byron, is charged with assault, 3rd, obstructing governmental administration and resisting arrest. Volkman is accused of attacking a person with intent to cause serious physical injury. The complaint was reported to State Police at 11:45 p.m. Thursday at a location on Caswell Road, Byron. Volkman was held in jail. No further details released.

Mary B. Thompson, 34, of Batavia, is charged with unlawful possession of marijuana. Thompson was charged by State Police based on an incident reported at 4:31 p.m. Nov. 15 on Pearl Street Road, Batavia.

     Shabre Young      Jeremy Siplin      Davion Jackson

 

Three residents of Rochester are in custody tonight, charged with felony larceny and misdemeanor conspiracy after allegedly stealing $2,200 in merchandise from Kohl's Department Store in Batavia today before leading law enforcement on a high-speed chase into Orleans County.

Charged are Davion Z. Jackson, 23, of Curlew Street, Jeremy L. Siplin, 40, of Lakeview Street, and Shabre A. Young, 25, of Fulton Avenue.

Young is also charged with reckless endangerment in the first degree, unlawfully fleeing police, reckless driving, aggravated unlicensed operation, 3rd, speeding, speeding in zone, speeding in a school zone, speeding in a work zone, moving from lane unsafely, no turn signal, failure to keep right, and failure to yield to an emergency vehicle.

The thefts were reported at 1:31 p.m. Deputies were informed the suspects had fled in a tan Ford van. A short time later, the vehicle was spotted on Route 98 by Deputy Andrew Hale and Trooper Mitch Hamilton.

The peace officers attempted to initiate a traffic stop, but Young allegedly hit the gas rather than stop and headed north on Route 98.

Reports today indicated that the van reached 120 mph as Young allegedly attempted to elude capture.

During the pursuit, suspects reportedly discarded stolen items from the windows of the vehicle.

At Route 98 and Lime Kiln Road in Albion, Young reportedly attempted to negotiate a turn at a high speed. The van struck a utility pole, shearing it off. Two occupants allegedly fled on foot but were apprehended quickly in close proximity to the vehicle. 

Young was transported to UMMC and subsequently released.

The suspects were arraigned in Town of Batavia Court.

Jackson was jailed on $20,000 cash bail, $30,000 bond; Young on $10,000 bail, $15,000 bond; and Siplin was ordered held without bail.

Additional charges may be pending in Orleans County.

The incident was investigated by deputies Andrew Hale and Joseph Loftus with assistance from other members of the Genesee County Sheriff's Office, including investigator Chris Parker and Investigator James Diehl. The State Police, Batavia PD, Albion PD, and the Orleans County Sheriff's Office also assisted. 

Previously: High-speed chase on northbound Route 98 as officers pursue suspected Kohl's shoplifters

Top photo by Tom Rivers, Orleans Hub.

A three-year legal battle for the owners of The Ridge (aka Frost Ridge Campground) appears to have come to a close with a state appeals court upholding prior court decisions allowing the campground to host live music concerts, rent campsites and run a restaurant.

The ruling was handed down today by the Supreme Court of New York, Appellate Division, Fourth Judicial Department.

David and Greg Luetticke-Archbell haven't missed a concert season since 2010, even though the legal challenges to their concert series -- Jam at the Ridge -- started in 2014 when the Town of Le Roy, and David and Mary Cleere, and Scott and Besty Collins, first brought legal action to stop live music at the campground.

They were able to continue after winning motions in 2014 to allow an already-booked season to go forward, and as they continued to win court decisions -- including a Sept. 2016 decision by Judge Emilio Colaiacovo, presiding at the time over Genesee County Supreme Court, that ruled in favor of the owners.

The Town of Le Roy had dropped out of the lawsuits after losing a prior decision.

At the heart of the defense of Luetticke-Archbell's use of the property is that Frost Ridge -- going back to the ownership of David Frost, father of Mary Cleere and Betsy Collins --and its campground long hosted live music, rented campsites and served food, and that these uses fit within the meaning of a recreational area. The property was used in this fashion, they argued, before the Town of Le Roy changed the area's zoning to residential-agriculture in the 1990s.

In ruling in favor of Luetticke-Archbell, the appellate division concluded that contrary to the plaintiffs' contention, the Zoning Board of Appeals did not reach an arbitrary and capricious decision when the board ruled that the owners' use of Frost Ridge was a prior, non-conforming use. The plaintiffs contended that the ZBA failed to follow its own precedent and did not explain their reasoning. 

"We reject that contention," the court ruled. "In 1998, the ZBA interpreted the Code to provide that a preexisting nonconforming use of land as a campsite runs with the land pursuant to section 165-13, notwithstanding section 165-39 (B), which requires that an existing campsite of record be brought into compliance with the Code upon being sold. Contrary to petitioners’ contention, the ZBA’s determination is consistent with that precedent."

The court ruled that there was substantial evidence for the prior, non-conforming use.

"That evidence included the affidavit of a former employee of Frost Ridge’s predecessor, who averred that the Property had been used for skiing and other recreational purposes since the 1950s," the court wrote. "He averred that he began working there in the 1960s and observed numerous recreational activities on the Property, including winter sports, live music, and campsite rentals."

It's common sense, the court concluded that the term "campsite" includes recreational activities, which might include live music, and this definition complies with the Town's own codes.

"The ordinance does, however, require that any large campsite “provide a common open area suitable for recreation and play purposes” (§ 165-39 [C] [8]), and thus expressly contemplates that a campsite is a place for recreation," the court ruled.

"Although the kind of recreation is open to interpretation, it is rational in our view to conclude that live music, along with swimming and other outdoor activities, is the kind of recreation to be enjoyed at a campsite."

The court also cited evidence of witnesses who said live, amplified bands played every summer at the campground in the 1970s and 1980s, and the plaintiffs failed to prove that use ever stopped for an extended period of time to constitute a break in the prior, non-conforming use.

"Here, it is undisputed that the Property functioned continuously as a recreational facility and campsite since the 1950s," the judges wrote. "To the extent that petitioners contend that use of the Property to host live music was abandoned in 2008 and 2009, we note that there is evidence in the record that live concerts were hosted on the Property during those years."

Photo: File photo of David and Greg Luetticke-Archbell

It's not technically accurate to say the House Ethics Committee is investigating his involvement with Innate Immunotherapeutics, Rep. Chris Collins said today while in Batavia.

There have been questions about Collins and his alleged "insider trading" related to the Australia-based pharmaceutical company for more than a year.

The issue was first raised, Collins said, by Rep. Louis Slaughter, which led to an investigation by the Office of Congressional Ethics.

The three charges investigated by OSCE were dropped but the investigators referred two additional points of inquiry to the House Ethics Committee.

That, Collins said, is not an investigation.

"The Ethics Committee hasn't done anything," Collins said. "So to people who say I'm being investigated by ethics, I would say ethics is reviewing the OSCE, what I call 'the mall cops' report.' That doesn't mean they're investigating. And what didn't they do -- they did not appoint a subcommittee to look into it. If they thought there was wrongdoing they would have appointed a subcommittee to look into this."

Collins called the initial three points of contention and the two new issues a "nothing burger."

The points initially raised by Slaughter, he said, were that he had insider information about the progress of a clinical trial that he shared, that he facilitated discounted stock trading for congressional members, and that he supported a bill, the 21st Century Cures Act, because it benefited Innate.

To the first charge, Collins said, the clinical trial was a double-blind trial with nobody at Innate, including him, getting any idea of the potential results until the trial was completed and the results were released in July.

He couldn't have provided information on the trial to anybody because there was no information to provide.

As to the alleged illegal discount, Collins said, "We got this discount. The Office of Congressional Ethics totally dismissed that because it was available to every investor."

The allegation that Innate might someday come to the United States, and therefore benefit from the 21st Century Cures Act, was so preposterous, Collins said, that OSCE dismissed it without giving it serious consideration.

"That was such an outlandish allegation it wasn't even investigated," he said.

Out of the all the documents and emails reviewed by the OSCE, the staff came up with two more items it referred to the House Ethics Committee. One was that Collins allegedly communicated non-public information in emails to other investors and that he provided insider information about Innate to staff at the National Institute of Health.

In emails, Collins said he mentioned that the clinical trial had 93 participants. It was public knowledge that the trial would have at least 90 participants and the fact that there was 93 wasn't material to the value of the stock, he said.

He also shared his personal view that the trial would be done by a certain date, and then another date after that, and then a date after that, and in all cases he was wrong, he said.

"It was just my personal subjective opinion," he said.

'"Our CEO has done an affidavit saying he looked at those emails and there was nothing non-public in them," Collins said. "There was nothing significant in them."

As for the number of participants, he said, it's standard practice to sign up more participants than needed for a trial because some patients always drop out. The count of 93 vs. 90 really meant nothing to the value of the trial and it wasn't considered a secret by the company.

"Anyone who had called our office and asked how many people were recruited, we would not have even considered that confidential information and would have shared it," Collins said.

Significantly, Collins said, none of the people whom Collins shared information with through the emails bought or sold shares after receiving the information.

"If no one traded on it, even if I did share nonpublic information, there's no crime," Collins said.

The NIH meeting, Collins said, was part of a two-hour tour of the facility that he initially forgot about when the issue came up again a couple of years later.

The so-called insider information provided by Collins was an introduction of one scientist to another. It's common practice, Collins said, for NIH scientists to share information with outside scientists.

"There was a scientist in the one meeting who was looking at biomarkers and other indications from multiple sclerosis, a debilitating disease, and some things (some aspects of the research) that there are no hard science measures on," Collins said. "It looks like this. It looks like that. Boom. Boom. Boom Boom Boom.

"And I said, 'you know, you might want to talk to our scientists because we're finding the same frustration in finding scientific measures of secondary progressive M.S. because there aren't any -- it's quality of life, patient-reported outcomes, doctor-observed things that are subjective, not objective, not scientific.

" 'You might want to want to talk to Jill. You guys should share some information.' And this woman said, 'I think it makes a lot of sense,' because that's what they do with the NIH. They talk to companies all the time."

The OSCE didn't even give Collins a chance to respond before forwarding the issue to the ethics committee, he said.

"My attorneys have subsequently done that, to point out that part of the role of the NIH is to meet with outside scientists," Collins said.

Now that these issues are in the hands' of the ethics committee staff, there isn't much Collins can do but sit and wait, he said.

It's possible there will be an investigation, but Collins said he knows of members of Congress who have waited for years while the committee did nothing on complaints brought to them, and didn't even publicly acknowledge when the case was dropped.

"Here's the most frustrating part," Collins said, "they may never look at this. This could be hanging over my head as a 'nothing burger' because they're not even investigating it."