Le Roy

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.

Main Street in Le Roy is being closed to traffic because of a suspicious package on the sidewalk between L.B. Grand and the hardware store.

The package has been there since yesterday.

Fire police were just dispatched to Main and Route 19 to block traffic.

UPDATE 11:43 a.m.: Reporter Ray Coniglio was on scene. It was box of golf pencils. A state police bomb tech happened to be the area and the package was examined and determined to be harmless. The road is being reopened.

UPDATE 12:07 p.m.: Picture added. Also, this from Ray:

Le Roy Det. John Condidorio said passersby told police the box had been on the sidewalk since Thursday.

“Given the current situation of things we took the precautions we needed to,” Condidorio said “I contacted the bomb tech unit (and) luckily he was right in the area at the time. He stopped by, X-rayed the picture — and it turns out to be some pencils.”

“Better safe than sorry.”

Norman Don Ball
Photo provided by a family member

Words come easily to those who knew the late Norman D. “Don” Ball.

He was a great and generous friend, they say.

A true family man.

The kind of person who’d give the shirt off his back to a stranger in need.

“Not just his shirt,” said Ron Townsend, 67, a cousin and lifelong friend. “He’d give you his shoes and walk around barefoot.

“The man had a heart as big as the world,” Townsend said. “He’d help anybody.”

The words are easy to find.

What is impossible, Townsend said, is finding any sense in the tragedy that unfolded on Tuesday. Ball, 69, was shot and killed early that morning while he slept at his home on Selden Road in Le Roy.

A neighbor, Kyle Johnson, was charged with murder after an hours-long armed standoff with police.

The suspect, Townsend said, is among the countless number of people indebted to Ball.

It was at least a decade ago, Townsend said, that he was renting a room at Ball’s home, while also working at his construction business.

Johnson, who was married at the time, had trees that needed cutting but no money to pay for the work.

Townsend said Ball called him one winter day, and asked him to help Johnson out.

“Donnie called and asked me to take a chainsaw and cut the trees down,” Townsend said. “We didn’t know what to do with all the wood, so we brought it back and cut it into firewood.

“Shortly after that we had a snowstorm, and Donnie sent me down to plow (Johnson’s) driveway,” Townsend continued. “He didn’t have any money at the time, so his wife made Christmas cookies and we brought them over to Don’s house.”

Townsend said he felt sickened on Tuesday, as he watched television coverage of events on Selden Road.

“I just couldn’t believe it was happening,” Townsend said. “I just don’t get it.”

Tuesday was also difficult for Richard Gross, who got to know Ball when he rented his Selden Road apartment about eight years ago.

“We became real good buddies, doing all kinds of things together,” Gross said. 

Gross, 52, rented from Ball for a couple of years and now lives in Wyoming. He said he’d visit Ball whenever he had a chance, most recently about a month ago.

“He was always making jokes, always smiling,” Gross said. “It took a whole lot to upset him.”

Ball was a businessman and an Air Force veteran who served two tours of duty in Vietnam. He also owned a mobile home park in the Town of Bergen.

“He was a true family man,” Gross said. “He really loved his family, I can tell you that.” 

And his friends.

Gross remembered wanting to buy a Ford diesel truck. He couldn’t afford one at the time.

“Donnie knew I didn’t have the cash right at the moment, but he knew I wanted the truck,” Gross said. “The next thing I know, he goes and buys it for me.

“Is that a friend or what?”

Gross eventually paid Ball for the truck. He’ll never forgot the gesture of kindness.

Which left him feeling at a loss this week.

“I can’t believe somebody would do something like that to Donnie,” Gross said. “The guy did nothing but good for people.

“He didn’t deserve this,” he said. “That’s for damn sure.”

Wendy S. Pritchard, 39, of MacArthur Drive, Batavia, is charged with false reporting an incident and providing a false written statement. Pritchard is accused of falsely reporting that a check written to her landlord was stolen and cashed without her permission.

Ajia R. Hasenauer, 22, of Myrtle Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Hasenauer was arrested by Le Roy police after a check by a probation officer of her residence allegedly uncovered a quantity of pregabalin, a controlled substance.

Brenda L. Babcock, 31, of West Ave, Brockport, was arrested on a warrant by Le Roy PD. Babcock was wanted in connection with a 2008 charge of issuing a bad check. 

Michael J. Elmore, 24, of Liberty Street, Batavia, is charged with criminal contempt, 2nd. Elmore was arrested following an investigation into a trespassing complaint at 6:06 a.m. Monday at an address on Summit Street, Batavia.

Ela Arana, 37, of Chapin Street, Rochester, is charged with petit larceny. Arana was allegedly observed by Batavia Downs video surveillance staff stealing a phone. Also charged with petit larceny, Luz E. Ramos, 54, of Chapin Street, Rochester.

Jae-Quele M. Tomlin, 21, of East Delavan Avenue, Buffalo, is charged with trespass and harassment, 2nd. Tomlin was arrested following a complaint of a disturbance at Billy Goats, 345 W. Main St., Batavia, at 11 p.m. Friday. Also arrested, Amber D. Blackshear, 21, of East Delavan Avenue, Buffalo, who was charged with assault, 3rd. Blackshear allegedly hit and injured a bouncer. Also arrested, Winston Ashton Lockhart, 20, no permanent address, who was charged with second-degree harassment and trespass.

Barbara Lynn Burns, 51, of Westwind Drive, Rochester, is charged with DWI and refusal to take breath test. Burns was arrested by Deputy James Diehl following a report of a property damage accident at 9:39 p.m. Tuesday at 8315 Park Road, Batavia.

Larson Zane Sundown, 18, of Meadville Road, Basom, is charged with driving while impaired by drugs, moving from lane unsafely, unlawful possession of marijuana, failure to stop for a red light on a right turn and driving left of pavement markings. Sundown as stopped by Sgt. Thomas Sanfratello on Lewiston Road, Batavia, at 11:53 p.m. Nov. 25.

Services have been announced for Norman D. "Don" Ball, 69, who was shot and killed early Tuesday morning while he slept in his bed at his residence on Selden Road, Le Roy.

A neighbor, Kyle Johnson, has been charged with murder in the second degree.

The Falcone Funeral & Cremation Service in Le Roy is handling arrangments for the Ball family. Calling hours are from 10 a.m. to noon, Saturday, 8700 Lake Road, Le Roy. Funeral services are at noon, with interment to follow at Stafford Rural Cemetery.

Ball, a Vietnam Veteran who served in the Air Force, will receive military honors.

For the complete obituary, click here.

Previously:

• Selden Road victim sleeping in bed before being shot to death
• Arson, murder suspect in Le Roy reportedly taunted police before surrendering
• Person reportedly shot at residence in Town of Le Roy

Le Roy’s Winterfest is Saturday, and fear not — one of the most anticipated guests is definitely on the way.

And it isn’t Santa Claus (although he’s coming to town, too).

We’re talking about the Community Christmas Tree, which has graced the former Wiss Hotel site at Main and Lake streets every season since Lathan Tree Service donated it in 2013.

The 30-foot-tall artificial tree will be in place by Thursday — Friday at the latest, said Carrie Lathan, whose husband Andrew owns the business.

“This year we’re kind of cutting it close,” Lathan said Monday. “But don’t worry, we’ll have it up on time.”

Winterfest will feature a host of activities and events for all ages beginning at 10 a.m. Saturday. The Community Christmas Tree Lighting will conclude festivities at 6 p.m.

The event is sponsored by the Le Roy Business Council, and numerous businesses and organizations will offer sales, specials and open houses.

A highlight is Santa himself, who will visit with children at the Moose Family Center, 21 Bank St., beginning at 1 p.m. 

A “Santa’s Cutest Elf” contest is slated for 12:30 p.m., also at the Moose Family Center.

Other scheduled events include:

— Face painting, coloring and more from 10 a.m. to 2 p.m. at Town Hall, 48 Main St.; and an inflatable obstacle course from 10 a.m. to noon at the Fire Hall, 3 W. Main St.

— A “create a craft” station from 10 a.m. to 2 p.m. at First Presbyterian Church, 7 Clay St.

— Numerous activities from 11 a.m. to 4 p.m. at Woodward Memorial Library, 7 Wolcott St. Crafts include paper snow globes, bowtie pasta wreaths, and wreath and candy-cane bead ornaments. Children may also decorate a sugar cookie and watch the holiday movie favorite “Elf,” which will play on a loop.

— A basket raffle and pie sale from 10 a.m. until sold out at United Methodist Church, 10 Trigon Park.

— The Community Holiday Bazaar from 10 a.m. to 4 p.m. at the Moose Family Center, 21 Bank St. Non-perishable items (including canned goods, toiletries, diapers, winter clothing and back-to-school supplies) are being collected for donation to the Le Roy Pantry & Help Fund, LCCP Backpack Program and the Back to School Supply Program.

— A chocolate candy sale by the Olive Branch Women from 10 a.m. to 2 p.m. at the Masonic Lodge, 12 Bank St.

— A Boy Scout fresh wreath sale from 10 a.m. until sold out on Main Street near the Bank of Castile. 

— The “Jinglin All The Way” 5K/10K run/walk, which begins at 3 p.m. at the Masonic Lodge on Bank Street and follows a course through the village. Registration is $20 plus a new, unwrapped toy or $15 gift card. Proceeds benefit the Le Roy Food Pantry. Also, every donated canned good or nonperishable food item will earn a raffle ticket for a prize drawing. For more information and a list of needed items visit tritheoatka.com.

For more information and updates, visit Le Roy’s Annual Winterfest Page on Facebook, https://www.facebook.com/LRWinterfest/

———

Businesses and families are once again welcome to provide ornaments for the Community Christmas Tree. They should be at least 6 inches tall, and can be dropped off at Town Hall by Thursday.

“The only specification we give is that they’re durable, because they’ll be outside,” Lathan said.

Ornaments will be zip-tied to the tree, and will stay on the branches year-round. But anyone who would like their ornament returned at the end of the season, can call Lathan Tree Service at (585) 768-2278 to make arrangements.

Norman Don Ball
Photo provided by a family member

Kyle G. Johnson, 53, of 7324 Selden Road, Le Roy, has been charged with murder in the second degree in the shooting death this morning of Norman Don Ball, 69, of 7421 Selden Road, Le Roy.

Johnson is also charged with first-degree burglary, third-degree arson, and reckless endangerment. Additional charges are pending.

Johnson is accused of entering the home of Ball through an unlocked rear door at about 3:50 a.m., going upstairs, asking a roommate if Ball was home, and then going back downstairs, entering Ball's bedroom, where Ball was sleeping, and shooting him in the head with a 12-guage shotgun.

Johnson then fled on foot, according to the Sheriff's Office, and returned to his house, which he then allegedly set on fire through unknown means.

The roommate reported hearing a pop, went downstairs and found Ball in his bed with a gunshot wound to his head. The roommate then went next door, where Mr. Ball's son lived, and informed him of the shooting, and the son called 9-1-1.

The first deputy arrived on scene at 4:02 a.m., followed by a Village of Le Roy police officer at 4:06 a.m.

At 4:15 a.m., dispatchers received a call from another Selden Road resident who reported a structure fire at 7324 Selden Road.

Le Roy fire was dispatched and a chief and village officer arrived on scene. The suspect fired his shotgun in their direction, according to the Sheriff's Office statement. 

No firefighters or officers were injured as a result of these shots.

Numerous deputies and troopers then arrived on scene and the suspect was contained within the general area around his house.

The Batavia PD emergency response team then arrived on scene and kept the suspect contained to the immediate vicinity. 

The suspect reportedly paced back and forth around his house and out onto the roadway and ignored numerous commands to drop his weapon.

The SWAT team of the Monroe County Sheriff Office arrived on scene and provided further assistance with its armored vehicles. 

The vehicles were used to confront Johnson, but Johnson allegedly failed to comply with commands to drop his weapon and surrender. 

"He would charge the armored vehicle and then back off," according to the statement. 

At approximately 7:55 a.m., Johnson placed his weapon on the ground and he was rushed by members of the SWAT team and taken into custody.

There was a press conference at the Sheriff's Office this afternoon and we will have an additional story on today's event later.

Photos of Johnson being escorted from his arraignment in Le Roy by Ray Coniglio.

Previously:

• Arson, murder suspect in Le Roy reportedly taunted police before surrendering
• Person reportedly shot at residence in Town of Le Roy

Based on information obtained from sources, we believe the suspect is in this photo, standing near the front of the Sheriff's patrol vehicle with the lights on. The photo was taken at 7:09 a.m. with a 300mm lens and has been enlarged substantially for publication. We were told the suspect wandered around the area of the roadway and his home while officers tried to talk him into surrendering. Shortly after this photo was taken, SWAT teams arrived. The suspect surrendered at about 8:10 a.m., we are told.

 

A Selden Road resident who is suspected of murdering a neighbor early this morning in Le Roy and setting his own home ablaze was taunting the police once they arrived on scene, according to a witness.

"Did you see what I did to my house?" the witness said the man told police. "Just shoot me."

Sheriff's deputies and Village of Le Roy police, along with Mercy EMS, were dispatched to 7421 Selden Road just after 4 a.m. after dispatchers received a report of a person being shot in the face. About 10 minutes later, Le Roy fire along with the Bergen Fire Department were dispatched to 7324 Selden Road for a structure fire with flames showing. Shortly thereafter, Stafford and Pavillion fire departments were called to provide mutual aid.

At first, there was no indication the two incidents were related, but when the first assistant chief for Le Roy fire, accompanied by the department's safety officer and a chief from a mutual aid company arrived on scene, along with a patrol from Le Roy, the suspect reportedly turned his shotgun on the responders and opened fire.

None of the responders were hit and they made a quick exit from the area, with the chief informing dispatchers they had been fired on and to hold back all responding units.

The chief was pretty shaken and returned to the fire hall a short time later, said 2nd Assistant Chief Tom Wood.

"We actually never got told there were any shots fired or the second incident was happening, so we responded as a normal incident," Wood said.

It's unclear if the suspect, whose name has not yet been released, was firing indiscriminately or deliberately targeting either firefighters or police.

Wood said it appeared to the firefighters the gun was pointed at them.

"When they got on scene they saw the individual and he pointed the gun in their direction, or the direction of the police, and, I believe, fired two or three rounds at them," Wood said. "Nobody was hit, but it was definitely scary."

It was a tense time for Jon Marcello and his family, who moved from the village to Selden Road in July. He said he spoke to his neighbor, the suspect, for the first time a couple of weeks ago. The suspect, he said, placed a no trespassing sign in his front yard because he was going through a divorce and he didn't know who his ex-wife might had given keys to.

"He was concerned about other people coming into the house and on the property," Marcello said.

When Marcello saw a fire burning outside this neighbor's house, he went outside to investigate. He then heard two gunshots. A police officer told him to get back in his house. He said he and his wife and his two small children, who are too young to have comprehended what was going on, sheltered upstairs.

"It's certainly concerning when you see him walking down the street and on our property with a shotgun, SWAT teams all around telling him to put the gun down and he wasn't complying," Marcello said. "He was actually taunting them telling them to shoot him. I don't know if it was a suicide mission, or what."

The suspect surrendered about 8:10 a.m.

The name of the victim has not yet been officially released.

No other injuries have been reported in connection with the incident.

The incident was troubling for the volunteers who responded to the scene, Wood said. Even though nobody has forgotten what happened in Webster, where firefighters were shot and killed responding to a fire, on Christmas Eve a couple of years ago, it's still not something you expect to happen here. Wood said he doesn't know how you prepare or train for such unexpected violence.

"It's scary," Wood said. "We don't know how to deal with stuff like this. We're a small rural department and all volunteer."

The Sheriff's Office has scheduled a press conference at 2 p.m. about the incident.

Previously: Person reportedly shot at residence in Town of Le Roy

The residence of the shooting victim.

Tom Wood speaking with members of the media.

Law enforcement and Mercy medics are responding to a residence on Selden Road in the Town of Le Roy where a person has reportedly suffered a gunshot wound.

A dispatcher advises that "the victim has been shot in the face. The suspects appear to have left the area."

UPDATE 4:10 a.m.: It's described as a "marauding incident" (which Merriam-Webster's dictionary defines as "roaming about and raiding in search of plunder.") Further law enforcement communications have been moved to a secure channel.

UPDATE 4:18 a.m.: Now there is a report of a structure fire at a residence near the original caller's address. Smoke and flames showing. Le Roy fire and Bergen fire dispatched. Of course, at this point, it's unknown if the incidents are related.

*** We're withholding the address pending more complete information and to avoid identifying the victim at this stage.

UPDATE(S)(By Billie) 4:28 a.m.: "Shots fired. Back out of the area," the fire chief on scene tells responders. Stafford and Pavilion fire departments were also called to the fire.

UPDATE 4:41 a.m.: Le Roy Fire Police are instructed to shut down Selden Road at Route 19 and at West Bergen Road. Only emergency responders and law enforcement will be allowed to pass.

UPDATE 5:08 a.m.: Flames are no longer visible at the scene of the structure fire, however firefighters have not yet been allowed to access the property because law enforcement has not cleared the scene. An emergency command center, or staging area, has been set up at the Eastern Carolina, LLC, complex at 7591 Selden Road, near Route 19. (The gunshot incident and the fire are roughly a block apart on Selden Road.)

UPDATE 5:34 a.m.: People on Selden Road are ordered to "shelter in place," according to an order given by law enforcement. They must remain inside until further notice.

UPDATE 6:17 a.m.: A reader who lives on Selden Road said he "came outside when I first noticed the fire and a police officer told me to get back in the house and there was an active shooter. Soon after, there were two loud gunshots, sounded like a shotgun. ... The fire is still blazing pretty good on the west side of the house closest to me. No firefighters on scene, assuming they have not found the shooter (s). ..." This reader also submitted the photo above.

UPDATE 6:58 a.m.: A woman who has identified herself as the daughter of the shooting victim has told the media that her 69-year-old father has died as a result of the gunshot wound(s). Police have not confirmed this.

UPDATE 7: 22 a.m.: Photo from the scene:

UPDATE 8:14 a.m.: Multiple law enforcement units have cleared the scene; they've left the area. It has not been confirmed, but indications are that the situation has been resolved, that the incident has concluded.

8:32 a.m.: A suspect has been taken into custody.

Harrison J. Hartung, 32, of Power Street, Syracuse, was arrested on a warrant by State Police in Auburn during a traffic stop and turned over to Batavia PD. The warrant stems from an alleged incident in 2005 that led to a charge of disorderly conduct. The incident was reported at 6:19 a.m., May 7, 2005, at 318 E. Main St., Batavia. Hartung was arraigned in City Court, pled guilty, was fined $80, plus a $95 surcharge, and released.

Nicholas Alexander Pleace, 29, of Orangeport Road, Gasport, is charged with criminal trespass, 2nd, criminal mischief, 4th, and harassment, 2nd. Pleace allegedly forced his way into a residence on Pratt Road at 2:25 p.m. Thursday,and damaged property in the process. He allegedly shoved a victim and refused to leave upon request. He was jailed on $500 bail.

Wayne Lewis, 28, of Thorn Street, Rochester, is charged with grand larceny, 4th. Lewis was arrested following an investigation by Le Roy PD into the theft of a credit card at Tops Market. Lewis was identified as the suspect through the use of surveillance footage that helped identify him and his vehicle. Lewis is accused of stealing the card and then making a purchase with it. He was issued an appearance ticket.

A 17-year-old resident of River Road, Pavilion, was charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop at 8:44 p.m. Wednesday by Officer Chad Richards (defendant's name withheld by Batavia PD).

James E. Wroten Jr., 49, of Central Avenue, Batavia, is charged with criminal contempt. Wroten allegedly violated a complete stay away order of protection.

Leslie O. Hinz, 66, of Manhatten Avenue, Batavia, turned himself in on an arrest warrant after speaking with Sgt. Dan Coffey. Hinz was wanted on a harassment, 2nd, charge. Hinz allegedly approached and continuously followed a stranger at 10:20 a.m., Oct. 19. Hinz posted $300 bail.

Kathleen M. Watkins, 36, of Perry Road, Pavilion, was arrested on a warrant for alleged failure to appear to pay a fine.

Oscar L. Muniz Jr., 22, of Parma Center Road, Hilton, is charged with unlawful possession of marijuana, inadequate muffler and uninspected motor vehicle. Muniz was stopped at 9:23 p.m. Wednesday on West Main Street, Batavia, by Officer Chad Richards for allegedly driving a vehicle with a loud muffler.

Kimberly Ashley Paladino, 25, of Church Street, Le Roy, is charged with two counts of petit larceny. Paladino is accused of stealing $198 in merchandise from Walmart on Thursday. She is also accused of stealing $163.37 in merchandise from Walmart on Nov. 19.

There is a report of heavy smoking showing from an apartment at 103 W. Main St., Building 1, Apt. #5, Le Roy, the Royal Apartments.

Le Roy fire and Le Roy ambulance along with Bergen, Pavilion and Town of Batavia's Fast Team are dispatched.

UPDATE 3:24 p.m.: Second alarm responders can stage in quarters.

Diana Zinni, second from left, a Brooklyn-based singer/songwriter who grew up in Le Roy, returned to her hometown Wednesday night for a performance at Smokin’ Eagle BBQ & Brew.

The show was in support of an Indiegogo fundraising campaign for her debut album (https://www.indiegogo.com/projects/diana-zinni-s-debut-album#/). She is pictured before Wednesday’s show with, from left, her mother Cathy Zinni and friends Ken Plossl and Kelly Nichols. They’re being photobombed by Zinni’s father, Rick.

Tom McGinnis loves Thanksgiving. It’s his favorite day of the year. 

And what’s love if it isn’t shared?

So once again on Thursday, McGinnis will open the doors of the “party barn” on his town of Le Roy property, for a community Thanksgiving dinner.

“Thanksgiving is my favorite day,” McGinnis said. “No matter what goes on for the rest of the year, on one day you take time to be thankful for what you have — or what you’ve been able to keep.

“Even as a kid, I liked Thanksgiving,” he added. “There are no presents to buy, you have friends around and you can help somebody who is less fortunate.”

McGinnis, who owns McGinnis Excavating, has been doing just that for 14 years. His invitation is extended to anyone in the Le Roy and surrounding communities who is in need, or just doesn’t want to sit home alone this year.

Typically, about 40 or 50 people stop in at some point every year.

Service begins about 6 p.m. Thanksgiving Day.

(Rides and deliveries are also available, but reservations are requested by 5 p.m. today. For information McGinnis Excavating at (585) 768-6769.)

“Last year we had some people from Mumford (and) Caledonia,” he said. “And we probably delivered a dozen dinners.

“I never know how many people we’re going to have, but we always have enough food,” McGinnis said.

This year, he’s stocked 50 pounds of turkey, two large hams, a pair of big pork roasts, plenty of squash and all the trimmings.

It’ll be cooked up and served in the “party barn” behind the McGinnis home on Gully Road.

There’s a joke about why so many men love Thanksgiving: They enjoy a feast while the women are stuck doing all the work.

Not so for McGinnis. A few friends always arrive early to pitch in, but he will probably take care of about 90 percent of the preparation and cleanup himself.

“That’s my hobby, cooking,” McGinnis said. “So I share it with people and hope they enjoy.”

Michael A. Hahn is indicted for the crime of criminal sale of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 25, 2014, in the Town of Darien, that Hahn knowingly and unlawfully sold a controlled substance, methamphetamine. In count two, Hahn is accused of criminal possession of a controlled substance in the fifth degree, also a Class D felony, for allegedly knowingly and unlawfully possessing methamphetamine with the intent to sell it.

Jequan D. Patterson is accused of driving while intoxicated, as a Class E Felony. It is alleged that on July 8 in Le Roy, Patterson drove a 2015 Kia on I-90 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, he accused of aggravated driving while intoxicated, as a Class E felony, for having a child age 15 or less as a passenger. In count four, Patterson is accused of aggravated driving while intoxicated for allegedly having a BAC of .08 percent or more while a child age 15 or less was a passenger. In count five, Patterson is accused of the crime of endangering the welfare of a child for allegedly knowlingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Also, Special Information is filed for this indictment by District Attorney. It accuses Patterson of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 27, 2006, in City of Rochester Court and that was within 10 years of the commission of the crimes now alleged.

David M. Heschke is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 3 in the Town of Pavilion that Heschke drove a 2006 Nissan on Route 20 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In count three, he is accused of first-degree aggravated unlicensed operation, a Class E felony, for driving while allegedly knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while allegedly intoxicated. Also, Special Information is filed for this indictment by District Attorney. It accuses Heschke of having been convicted of the crime of DWI on Sept. 5, 2012, in Town of Batavia Court and that conviction forms the basis of the revocation referred to in count three of this indictment.

  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

The Village Board is taking a wait-and-see approach to the future of Le Roy’s Zoning Board of Appeals, Mayor Greg Rogers said.

The wait, is for a public hearing scheduled next month.

Everyone will see what happens after that, Rogers said.

The Town Board voted unanimously Nov. 12 to withdraw from the joint town/village ZBA, and to consider a local law that would establish a new, three-member board next year.

The proposal will be the subject of a public hearing during the Town Board meeting on Dec. 10.

The Village Board discussed the issue in executive session last week, but took no action.

Rogers said he generally favors consolidation. Reestablishing a village ZBA after a decade without is “not the direction we really wanted to go,” he said.

“If they decide to go that route, we’re going to have to have our own Zoning Board of Appeals,” Rogers said. “But we’ll wait until they finalize it before we come up with a plan of action.”

At the very least, a new ZBA would add a line to the village budget.

Town Supervisor Steve Barbeau said depending on what the Town Board ultimately decides, separate ZBAs could cost less money overall.

The Le Roy ZBA generally meets once a month. Each of its five members is paid $45 for each meeting, and the chairperson is paid $10 extra.

The secretary, who does not vote, is paid $65 a meeting.

The cost is currently part of the town budget, paid out of the town-wide “A” fund. A separate town ZBA would be paid out of the “B” fund, which is supported only by taxpayers of the town outside the village.

Barbeau said town and village ZBAs may be able to meet only alternate months. Ultimately, that would slightly reduce costs to both the town and village residents.

Signs posted in store windows along Le Roy’s Main Street — like this one in the Townsend Energy building — congratulate Wolcott Street School’s designation as a 2015 National School of Character.

The school provided nearly four dozen signs to local businesses.

The elementary school was named a National School of Character in May by Character.org. Wolcott Street School is among only 64 schools and three districts honored this year.

Students and faculty celebrated the award with a rally and assembly on Nov. 6.

Sarah Wilson, 31, of West Main Street, Batavia, is charged with two felonies and a misdemeanor following a joint investigation by the Genesee County Department of Social Services and the Genesee County Sheriff’s Department. Wilson is charged with one count of criminal possession of a forged instrument, 2nd, one count of offering a false instrument for filing, 1st, both of which are felonies, one count of petit larceny. The investigation started after a Social Welfare Examiner at Genesee County Social Services noticed several inconsistencies in a medical statement Wilson had submitted to the department, which Wilson claimed had been completed by a local doctor. The investigation that followed revealed the medical statement allegedly had not been completed or signed by the doctor. Wilson was arrested by Sheriff's Investigator Joseph Graff and jailed on $1,000 bail. She is scheduled to reappear in Batavia Town Court at 2 p.m. on Dec. 8.

Lee A. Baxter, 31, of Central Avenue, Batavia, is charged with obstructing governmental administration, 2nd, third-degree assault, and unlawful possession of marijuana. Baxter was arrested at 2:40 p.m. on Nov. 19 following a reported on a domestic incident which had allegedly become physical. Batavia police patrols arrived and allegedly observed a physical altercation between "Baxter and another female." Baxter was put in Genesee County Jail on $2,000 bail. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Cody A. Bush, 29, of Walnut Street, Batavia, is charged with two counts of criminal sale of a controlled substance, a Class C felony. It is alleged that he sold a quantity of suboxone, which is a controlled substance, in and around the City of Batavia and the Town of Elba  to an agent of the Genesee County Local Drug Enforcement Task Force. The DA's Office assisted in the investigation. The defendant was already in GC Jail on related charges when he was arrested Monday by Sheriff's deputies and arraigned in City Court on one count and then transferred to Elba Town Court where he was arraigned on the other count. He was taken back to jail.

Patrick Antonio Griffin, 46, of Saint Petersburg, Fla., is charged with: first-degree aggravated unlicensed operation; operation of a motor vehicle with a BAC of .08 or more, first offense; driving while intoxicated, first offense; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and having non-transparent window tint. Griffin was arrested at 1:09 p.m. on Nov. 14 on Ledge Road in Alabama. He was put in Genesee County Jail in lieu of $2,500 bail. The case was handled by Sheriff's Deputy Joseph Corona.

William David Conner, 64, of Harris Road, Le Roy, was arrested at 6:31 p.m. on Nov. 14 on Linwood Road in Le Roy and charged with: driving while ability impaired by alcohol, drinking alcohol in a motor vehicle while on a public highway, failure to dim headlights, and having inadequate tail lamps. He is to reappear in Le Roy Town Court on Dec. 21. The case was handled by Sheriff's Deputy Joseph Corona.

Michael William Godden, 38, of Edgemere Drive, Rochester, was arrested Nov. 18 at 11 p.m. after being stopped on Route 490 in West Bergen. He is charged with driving while intoxicated, first offense, refusal to take a breath test, and operating a motor vehicle without an inspection certificate. He was released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy Joseph Corona.

A 17-year-old male who resides in Batavia is charged with criminal contempt, 2nd, and fourth-degree criminal mischief. He was arrested Nov. 18 after allegedly breaking a window at his mother's residence and then proceeding to yell at her and call her names, in violation of an order of protection which had been issued on Oct. 29 and was valid until 10/29/16. He was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Frank F. Sposato III, 21, of Irwin Place, Huntington, was arrested today at 1:49 p.m. and charged with speeding and second-degree aggravated unlicensed operation. He was arrested following a traffic stop at 20 W. Main St. in Batavia and put in jail in lieu of $250 bail. The case was handled by Batavia Police Officer Eric Foels.

Kevin R. Larsen, 38, of Hall Street, Batavia, was arrested on Nov. 16 on a bench warrant, which was issued following an incident that occurred on Nov. 5 on Swan Street. He was put in jail in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Eric Hill.

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A car vs. deer accident with injuries is reported on the eastbound Thruway at mile marker 377.8. Le Roy fire and ambulance are responding.

UPDATE 6:29 p.m.: State troopers are also responding. The Thruway Authority spoke with the driver who told them they could not get out of the vehicle.

UPDATE 7:14 p.m.: The assignment is back in service. Le Roy medics went back in service without transporting anyone.