Le Roy's Winterfest celebration included craft projects at Woodward Memorial Library, a visit by Santa to the Moose Family Center, the "Jinglin' All the Way" 5K/10K and more. The celebration officially closes at 6 p.m. today, with the Community Christmas Tree lighting.

Cameron Stefani, a Le Roy 10th-grader, was the winner of the Jinglin' All the Way 5K with an unofficial time of 19:47. Second-place finisher — and top female finisher — was Caylin DePuy, of Le Roy, with a time of 21 minutes.

Norman D. "Don" Ball, a Vietnam Veteran who was shot and killed early Tuesday morning while he slept in his bed, was buried in the cemetery in Stafford today following a service at the Falcone Funeral Home in Le Roy.

Ball's neighbor on Selden Road, Le Roy, Kyle Johnson, is being held on a charge of second-degree murder.

Johnson is also charged with arson for allegedly setting his own house on fire shortly after the shooting, at 3:50 a.m., and with reckless endangerment for allegedly firing at firefighters and a police officer when they arrived at the blaze.

For previous coverage, click here.

Press release:

The Batavia Police Department is investigating a telemarketing scam where an “Officer” claiming to be a member of a Police Department in the Dominican Republic has your relative (actual relative name used) in custody. The “Officer” explains your relative is in trouble and needs court costs, legal fees, fines and hospital bills paid, before they are released from a Dominican Republic Jail or allowed to leave the country. The “Officer” then has your inconsolable “relative” placed on the phone to beg for your assistance. The “Officer” advises the only way they accept payment for the debt is with iTunes Gift Cards over the phone.

The Batavia Police Department would like to remind the community during this holiday season to be mindful of this or similar telemarketing scams. Anyone who suspects they have been contacted by this or similar “Officers” are encouraged to file a report at www.IC3.gov or contact the NYS Attorney General’s Office to make a report.

Amy M. Carpenter is accused of the crime of driving while intoxicated, as a Class E felony. On Oct. 18, it is alleged Carpenter drove a 2002 Dodge on Willow Street and State Street in the City of Batavia while intoxicated. In count two of the indictment, she is accused of aggravated unlicensed operation in the first degree for operating a motor vehicle while she allegedly knew, or had reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities and did so while allegedly intoxicated. Also, Genesee County District Attorney Lawrence Friedman has filed Special Information, accusing Carpenter of having been convicted of felony DWI previously, on Jan. 27, 2008, and therefore alleging she had knew or had reason to know her driving privilege was suspended or revoked as a result of this conviction.

Daniel J. Vanderjagt is accused of the crime of driving while intoxicated, as a Class E felony. On Aug. 8 in the Town of Darien, it is alleged that Vanderjagt drove a 2014 Ford on Main Park Road while intoxicated. In count two of the indictment, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Frank L. Schiavi is accused of the crime of criminal possession of a controlled substance in the second degree, a Class A-II felony. It is alleged that on May 7 in the City of Batavia, Schiavi knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug, in this case, cocaine, and that these had an aggregate weight of four ounces or more.

Morgan R. Todd is accused of the crime of driving while intoxicated, as a Class E felony. On June 6, it is alleged that Todd drove a 2011 Volkswagen on Interstate 90 in the Town of Pembroke while intoxicated.

John W. Walsh is accused of the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Sept. 6, having no right to do so nor any reasonable grounds to believe he had such right, he intentionally damaged property of another person in an amount exceeding $250 on Oak Street in the City of Batavia.

Here are some pictures highlighting the activities at Friday night's Christmas in the City event as well as closing ceremonies for the city's Centennial Celebration. They were taken by Steve Ognibene.

Batavia High School Blue Devils faced Mendon in a season home opener Friday night. From the tip off Batavia controlled the ball and scored on their first possession. Batavia jumped out to an 11 to 0 lead and never let go. Batavia was up 25 to 9 at the half.

In the second half Mendon was able to control the ball but the shots did not drop for them and they never really got back into the game. The final score was Batavia 48 Mendon 28

For requests for custom pictures of this game, or to photograph your player at an upcoming game, contact jim@jimburns.org

Click here for slideshow

Yunn-Shan Ma will conduct the Genesee Symphony Orchestra at 4 p.m., Sunday, through a program that includes holiday music and performances by the Oakfield-Alabama School Chorus, directed by Danielle Mileham, and Lars Kirvan on cello.

The program includes Leonard Bernstein's Candide Overture, Dvorak's Silent Woods, Hayden's Cello Concerto No. 1, Rimsky-Korsakov's Selections from the Snow Maiden Suite and the Polar Express Suite, among other numbers.

Ma is one of four guest conductors this season under consideration for a permanent position as conductor of the GSO.

Tickets are $15 for adults, $7 for students, $10 for seniors and family packages are available for $35. Tickets can be purchased at the door or at GeneseeSymphony.com.

To purchase prints, click here.

The membership of the Le Roy Volunteer Fire Department elected Tim Hogle as the department's new chief in a vote Thursday evening.

Hogle has moved up the ranks incrementally over the past several years from lieutenant, to captain and through the chief ranks, most recently serving as first assistant, to become chief.

"It's been a lot of hard work, a lot of training, a lot of state classes, a lot of man hours here at the fire hall and in fire service," said Hogle (pictured, left). 

He said becoming chief is a chance "to give back to the community, lead the guys and follow in the right path of the chiefs before me. "

Tom Wood, on the right, who has one prior term as chief, said the membership supported Hogle for the position because of his hard work.

"I think he's done a pretty good job throughout his career and as assistant chief and as an upcoming officer as a captain and lieutenant," Wood said.

Residents gathered in Austin Park this evening for an aerial photo of them forming the number 100 on the ground while they held flashlights. The photo was arranged by the Centennial Committee to help wrap up a year marking the 100th anniversary of Batavia's incorporation as a city. The photo was taken with the assistance of City fire, using the department's ladder truck.

We'll have more photos from Christmas in the City later.

John C. Dwyer, center, receives the 2015 Health and Humanitarian Award of Genesee County from David Ciurzynski, vice president of the United Memorial Medical Center Foundation, left, and Justin Calarco-Smith, president of The Jerome Foundation. The two groups sponsor the annual award, which was presented to Dwyer during a luncheon Friday at Terry Hills Restaurant in Batavia.

The afternoon began with an “Irish Blessing” and ended with a rousing performance of the University of Notre Dame’s fight song.

Appropriate choices, given the honoree.

John C. Dwyer received the 2015 Health and Humanitarian Award of Genesee County during a luncheon Friday at Terry Hills Restaurant.

Dwyer is the 31st recipient of the award, which is presented each year by The Jerome Foundation and the United Memorial Medical Center Foundation.

In choosing Dwyer, the foundations recognized his 60 years of volunteer efforts on behalf of more than 30 community organizations involved in nearly every aspect of life in Genesee County.

Mary Pat Hancock, former chair of the county Legislature, spoke in tribute to Dwyer. The Health and Humanitarian Award, she said, is a “perfect recognition” of his contributions.

“He has worked joyfully throughout his long and productive life, to enhance the health and human condition of our county,” she said.

Dwyer accepted the award with humility and humor.

“To be honest, I almost didn’t show up here today,” Dwyer said.

For that, credit Saint Matthew.

“I was at Mass some time ago,” Dwyer explained, “and the Gospel reading stated: Take care not to perform righteous acts in order that people may see them, or otherwise you will have no recompense from your Heavenly Father.”

Dwyer said that sounded like a warning.

“Here I am, in public, being recognized for my acts,” he joked. “And at my age, this is no time to be testing the patience of the Lord!”

The Health and Humanitarian Award recognizes volunteers who have helped promote the emotional, physical and spiritual well-being of Genesee County residents.

Dwyer has given time and talent to several organizations, including the Genesee County Water Resources Agency, Children’s Home Foundation, Boy Scouts of America, Batavia Lions Club and the Chamber of Commerce. He has served in leadership roles at St. Joseph School, Notre Dame High School and Genesee Community College.

A native of Batavia, Dwyer went west as a young man — to the University of Notre Dame in Indiana, where he earned a bachelor’s degree in Commerce and met his future wife, Jacquie.

Dwyer served two years in the Army before returning to Batavia and his family’s business. He was president of Thomas & Dwyer Shoes until retiring in 1997.

He later served as director of the Genesee County Industrial Development Agency.

Dwyer said he found community service deeply intriguing, although he was at a loss to explain why.

“I don’t really know the draw,” Dwyer said. “But I was fascinated by the process, by the committees, the boards — how people worked, how people got things done.

“I loved the process,” he continued. “I loved the personalities involved, and I truly loved the results.”

The nature of public service has changed, he said, and tends to be steered more by government than volunteers. In closing, he said one thing has not changed — volunteer service is still valuable and necessary.

Reflecting Dwyer’s devotion to Notre Dame — both high school and university — the “Fighting Irish” was a theme for the day. That ranged from the chocolate shamrocks at every place setting, to the musical entertainment.

“The Irish Blessing” and University of Notre Dame’s “Victory March” were sung by a quartet from Notre Dame High School. Anthony Gugino, Matthew Stevens, Jessica Cmor and Keara Zerillo were accompanied by Theresa Kehl, school musical director.

Norman Argulski delivered the invocation, which thanked Dwyer for “his many talents, his appropriate words, his years of service and his dedication to our community.”

A car vs. pedestrian accident is reported at 11 S. Main St. in the Village of Elba, just north of Maple Avenue. The patient is conscious. The caller reports a possible diabetic issue is involved and indicates of the the parties involved may be trying to leave the scene.

Elba Fire Department and Mercy medic #2 are responding.

Photos and information from Pat Iamon.

Some lucky folks got a little extra holiday cheer at Genesee County’s Christmas dance for adults with developmental disabilities recently held at the Byron Fire Hall. The dancers, mostly clad in their holiday garb, were buzzing with excitement in anticipation of an appearance by Santa Claus.

About an hour into the dance an announcement was made that Santa was spotted in the parking lot. The jolly old fellow accompanied by Mrs. Claus made their way through the hall as the crowd cheered and applauded. The couple were escorted into chairs in front of the Christmas tree and everyone gathered around in anticipation.

Pat Iamon, dance coordinator, called each person up to the front by name. Everyone had an opportunity to sit and visit with the red-clad couple for a few moments while Uncle Joe snapped a photo. Santa handed each person a special Christmas gift bag; and as an added treat each individual was escorted to two tables to select a handcrafted stocking cap or ear-warming headband all made by Mrs. Pam Truax of Byron.

For the second year Mrs. Truax has dedicated her time and talents to make these for our dancers and this year she was able to hand them out in person. Some of the items in the gift bags were made possible with donations from community businesses.

A flier for the last dance of the season was handed out, however, it had the wrong date. Please note that the next dance will be held on Thursday, May 12. It will be our Pajama Dance and will be held at the Byron Fire Hall. As always the dances are open to all individuals with developmental disabilities ages 13 and up in Genesee County.

Anyone wanting to volunteer or would like more information on the dances can call Laura Platt at 548-2245 or Pat Iamon at 245-2918.

A car vs. pole accident with unknown injuries is reported at Lyman Road and Clinton Street Road, Bergen. The pole and some wires are down. Bergen Fire Department and Mercy medics are responding.

UPDATE 2:15 p.m.: The driver is out of the vehicle and does not appear to be injured, according to a first responder on scene.

Press release:

HEALTHeLINK today announced ACM Medical Laboratory, Inc., has joined Western New York’s clinical information exchange as a data source. Recent laboratory results from ACM’s patient service centers in Albion, Batavia, Cuba and Olean can now be securely accessed via HEALTHeLINK by more than 3,400 participating physicians. 

“By being able to view the most current clinical information, such as recent lab results, on the patients they are treating, physicians are able to provide more informed care,” said Dan Porreca, executive director, HEALTHeLINK. “In addition to being able to provide timely and effective treatment, physicians can also avoid duplicating lab tests which may have already been performed on their patients.”

Nearly 100 percent of laboratory results generated in Western New York hospitals and independent laboratory centers are currently available to participating physicians through HEALTHeLINK.

”We are pleased that our providers in the Western New York market can now access our results through HEALTHeLINK,” said Tom DePalma, national sales director, ACM Medical Laboratory. “The technical team at HEALTHeLINK provided excellent support in the development and validation process, essential for us to meet the needs of the healthcare community we serve.”           

ACM, an affiliate of Rochester Regional Health System, is a full-service clinical and pathology laboratory providing high-quality diagnostic testing services for physicians, hospitals, employers, and other health care providers and the patients they serve. For more information, visit acmlab.com.

A court appearance for Kyle Johnson, charged with murder in the death of Le Roy resident Norman D. "Don" Ball, has been postponed until January, at the request of his defense attorney.

Johnson was scheduled to appear in Town of Le Roy Court at 2 p.m.

Johnson is accused of entering the residence of Ball at 3:50 a.m., Tuesday, and shooting Ball in the head with a 12-gauge shotgun while Ball slept. Johnson then allegedly walked back to his own house on Selden Road and set it on fire. He allegedly shot at firefighters and a police officer when they arrived on scene at the fire at 4:15 a.m.

There was then a four-hour standoff with local law enforcement before Johnson surrendered.

He is charged with murder in the second degree, arson and reckless endangerment.

For prior coverage, click here.

Press release:

Congressman Chris Collins (NY-27) is encouraging local fire departments and Emergency Medical Service (EMS) providers to apply for federal Assistance to Firefighter Grants (AFG) through the Federal Emergency Management Agency (FEMA).

AFG funds assist fire departments and other first responders in procuring the critical equipment and protective gear necessary to best serve their local communities. The funding can also be utilized to acquire training and additional resources that are necessary for protecting the public and emergency personnel.

FEMA will begin accepting applications from eligible departments beginning on Monday, Dec. 7^th at 8 a.m. EST. Applications must be submitted by Jan. 15 at 5 p.m. EST.

“It is important that our local fire companies have the tools and resources they need to keep their members safe and effectively protect our community,” Congressman Collins said. “FEMA’s grant program helps them do just that, and I encourage departments throughout NY-27 to apply.”

More information on this year’s AFG program can be found at: http://www.fema.gov/welcome-assistance-firefighters-grant-program. Applicants with further questions or those seeking letters of support from Congressman Collins should call the Geneseo District Office at (585) 519-4002.

Local business City Slickers Bar & Grill, 59 Main St., Batavia, will host a fundraiser this Saturday evening from 8 until closing for Buddy Oderkirk Jr., a 19 year old Batavia resident who was diagnosed this spring with a rare form of cancer known as alveolar rhabdomyosarcoma. All tips during the night will be go toward Buddy’s medical costs and treatments. 

He has been undergoing an intense regimen of chemotherapy, radiation and surgeries since being diagnosed. Even with medical insurance the family has endured thousands of dollars of out of pocket expenses. A positive attitude and generosity of patrons from the community, he will overcome this very aggressive childhood cancer.

This event is sponsored by Hair Studio 242 and there will be music by Digitill Media Arts during the evening.

There is a Staying Strong for Buddy Facebook page and also a Go Fund Me account, too, to help him out. Donations can also be sent at any time Advanced Podiatry Associates: Canzoneri Joseph, DPM,  2 State St., Batavia NY 14020, or call the office at 585-343-8150 

Pictured above (from left) is Ken Mistler, owner of City Slickers, along with his guest bartenders Taylor Maurer – hairdresser, April Paille -- owner/ hairdresser of Studio 242, Mark Paille, Chiropractor Tom Mazurkiewicz, and bartender Melissa LeSage (not pictured is Dr. Joe Canzoneri).

Press release:

YWCA of Genesee County has expanded into four areas of Genesee County as part of its ongoing effort to provide free services to domestic violence clients.

Beginning Dec. 1, Domestic Violence Liaison Amanda Bow will be at town halls in Bergen, Byron, Pavilion and Darien on designated days throughout the week. She will be at these satellite sites through June of 2017.

“This prevents people from having to travel farther from their home towns to obtain domestic-violence-related services,” Bow said. “Many of these sites may be within walking distance and be more accessible than our Batavia facility. Services are open to any Genesee County resident, and even if someone does not live here, I can refer them to resources in their own county of residence.”

She can assist victims and survivors of domestic violence with orders of protection, one-on-one counseling, crisis intervention, court accompaniment, safety planning and arrangements for safe housing.

This project was made possible with a grant from the Ursula Forem Domestic Violence Program Employment Fellowship program through the state Office of the Prevention of Domestic Violence. Objectives include an expansion of services to underserved areas in Genesee County, a support group each for adults and for children and to build a regional network of related agencies in Livingston, Orleans and Wyoming counties.

Services are free and confidential. Appointments are not necessary and walk-ins are welcome. Bow will be available from 8 a.m. to noon and 1 to 4 p.m. at Bergen Town Hall, 9 a.m. to noon and 1 to 4 p.m. at Byron Town Hall, 9 a.m. to 3:30 p.m. Thursday at Pavilion Town Hall and 9 a.m. to 4:30 p.m. Friday at Darien Town Hall.

To schedule an appointment with Amanda Bow, call (585) 813-3175.

The current Zoning Board of Appeals in Le Roy will conduct a hearing on an application by Frostridge Campground for live music concerts by Dec. 18, Interim Supreme Court Judge Mark Grisanti ruled this morning, and any further interference by the Town of Le Roy board will constitute contempt of court.

Almost as soon as the case was called and the five attorneys from the two opposing camps were standing at their tables, Grisanti expressed dismay that even though Judge Robert C. Noonan ordered such a hearing seven months ago it still hasn't taken place.

Reid Whiting, attorney for the Town of Le Roy, blamed Frostridge and the ZBA for the delay.

"Frostridge has been sitting on its hands for seven months and for some reason the ZBA did not give proper public notice," Whiting said.

David Roach, attorney for Frostridge, clearly couldn't believe what he was hearing.

The delay was certainly the fault of the town board, Roach said, first by firing the original ZBA attorney, throwing the process into confusion, then by rewriting the ZBA's public notice so that it no longer reflected the true nature of the hearing.

"We come here with clean hands," Roach said.

After months of delay, there was an election in November, and Supervisor Steve Barbeau retained his seat. At its first meeting after the election, the town board decided to end its inter-municipal agreement with the Village of Le Roy for a joint ZBA and scheduled a public hearing to disband the ZBA and appoint a new, town-only zoning board.

Grisanti ordered the town not to conduct that meeting as scheduled Dec. 10.

"I know what's going to happen (if they meet)," Grisanti said. "I can see the town putting up some other kind of roadblock."

Grisanti also ordered Jeff Steinbrenner, who is the code enforcement officer, but also ZBA's secretary, to help ensure the notice of the meeting is sent out properly.

In the notice originally drafted by the ZBA, the notice said the hearing would be about whether live music concerts constituted an allowable non-conforming use. Somebody with the town changed the language of the notice to say the hearing was about "permissible use," which after court today, Roach explained, are diametrically opposite issues.

Frostridge has always maintained that under the code as it exists, operating a concert venue is not a permissible use, which is why they are seeking a variance as a prior (meaning similar activity took place before the current zoning law was passed) non-conforming use.

The current ZBA previously determined the concerts were a prior non-conforming use, but Noonan ruled the meeting where that decision took place was conducted without proper public notice, which is why he ordered a new public meeting.

That failure of proper public notice is one reason the current board needs to be disbanded, Whiting argued in court. The board failed to do its job properly.

He argued, also, that the issue isn't whether the concerts are a prior non-conforming use, but whether they are permissible.

Roach countered that Whiting was getting into the merits of the issue, which is a matter for the ZBA to decide and not a subject of the motions being considered by Grisanti.

David and Greg Luetticke-Archbell have owned Frostridge since 2008 and began holding concerts in the campground's natural amphitheater in 2012. The campground has been known by various names since 1957 and was once a popular local skiing location. Prior owners, and before the current zoning law making the area Residential/Agriculture, reportedly had both live music and amplified recorded music.

More than a year ago, neighboring families, the Cleeres and Collins, both related to the original campground owners, filed a lawsuit in parallel with the Town of Le Roy alleging impermissible and uncorrected violations of the zoning laws, both in the composition of the campground and the series of live music concerts hosted there.

After the hearing, Roach said one issue Grisanti didn't get into that he wished had come out was the claim by the town that the town is facing budget constraints and the ZBA is running up costs by hiring outside counsel (James Wujcik represents the ZBA now).

“If you’ve got a budget problem, town, don’t sue my client," Roach said. "You already have the Cleeres suing my client for you. They filed a town law 268 action. They stepped into the shoes of the town to enforce the zoning code. The town, filing its own lawsuit, is merely redundant and it is a monumental waste of taxpayers’ money.”

For prior coverage, click here.