Le Roy

The latest legal challenges to live, amplified music at Frost Ridge Campground in Le Roy have been dismissed by Judge Emilio Colaiacovo, meaning owners David and Greg Lueticke-Archbell will be able to continue their concert series, Jam at the Ridge.

Colaiacovo ruled that the Zoning Board of Appeals acted with appropriate consideration and diligence when deciding live, amplified music was a prior non-conforming use and that there was no substantive violation of the state's open meetings law when it reached that decision in February.

Attorneys for David and Amy Cleere and Scott and Betsy Collins challenged the ZBA's decision on both of those counts.

The decision seemingly concludes two years of legal fights initiated by the Cleeres and Collins and initially backed by the Town of Le Roy.

The plaintiffs maintained all along that Frost Ridge violated the town's zoning laws, because it is in an agricultural-residential district, by hosting music concerts at the campground.

The owners and their supporters countered that both live music and amplified music had been part of the operations of the campground since the 1960s, which means those uses were grandfathered in, or prior, non-conforming uses, before the R-A district was created.

The ZBA met at least twice prior to the lawsuits being filed and sided with David and Greg Lueticke-Archbell, but Judge Robert C. Noonan, who retired earlier this year, ruled that the ZBA meetings where these decisions were made were not properly noticed (a violation of the state's open meetings law), so he ordered the ZBA to hold a new public hearing.

The town board then tried to disband the ZBA -- which at the time was a joint board of the town and the village -- but Noonan barred dissolution of the ZBA until after it conducted a new hearing and issued a decision. 

The ZBA met in December and collected documents and testimony at the time, but never publicly deliberated the issue and issued its decision without a public vote in February. 

Colaiacovo ruled that even if these actions were a technical violation of the open meeting law, the record is clear that the ZBA members had ample information about the issue without the need for public deliberation and there was no evidence presented that the matter was discussed in a closed meeting by the board. 

"The Court finds that the alleged failure to vote on its decision in public is a de minimis technical violation that, in light of the exhaustive record and consistency of the ZBA's determination that there exists a prior, non-conforming use, injunctive relief is not warranted," Colaiacovo wrote in his decision.

Colaiacovo said it was not the court's place, based on case law, to decide whether the ZBA reached the correct decision, only that the decision was reasonable and not arbitrary and capricious.

The mere fact that the plaintiffs disagree with the decision is not evidence that it is arbitrary and capricious, he said.

Courts must be careful, according to case law, not to overturn local decisions that are based on substantial evidence and are rational, he said.

The record shows the ZBA had a substantial amount of testimony and evidence to consider that seemed to back the conclusion of a prior, non-conforming use, he said. 

"The ZBA held that these activities occurred to varying degrees prior to the adoption of the Town Zoning Code," Colaiacovo wrote. "The ZBA referenced Mr. (Eugene) Sinclair's testimony, which established that the defendants' actions were 'consistent with the essential character of the property as a prior, non-conforming use.' Accordingly, the ZBA, after exhausting its reasons for its determination, found that the use of the property as a campground, which permitted live and recorded music, limited food service, and allowed the use of recreational vehicles, was a prior, non-conforming use as permitted by the Town of Le Roy Zoning Code.

"Based on the foregoing," he continued, "the Court finds that the determination of the ZBA is based on substantial evidence that was made part of an extensive record. As such, because the ZBA had a rational basis to reach its decision, this Court will not disturb it."

He added, "Nothing in the record demonstrates that the ZBA reached its determination haphazardly."

Robert T. Hoffman, 37, of Gilbert Street, Le Roy, was arrested on Aug. 27 by the Le Roy Police Department and charged with: one count of criminal obstruction of breathing or blood circulation, a Class A misdemeanor; unlawful imprisonment in the second degree, a Class A misdemeanor; endangering the welfare of a child, a Class A misdemeanor; and criminal mischief in the fourth degree, a Class A misdemeanor. Hoffman was arrested following a complaint of a domestic incident that occurred in the early hours of the morning. During the altercation Hoffman allegedly held the victim against their will refusing to let them leave, at one point the victim was held by their throat obstructing their ability to breath. Hoffman also prevented the victim from calling 9-1-1, preventing them from requesting emergency assistance. All this took place in front of a child under the age of 17. Hoffman was arraigned and jail in lieu of $10,000 bail. Hoffman is to return to the Le Roy Town Court on Sept. 6.

Katelyn M. Hall, 22, of Hutchins Street, Batavia, was arrested at 2:20 a.m. on Aug. 28 and charged with first-degree criminal contempt -- violation of an order of protection, physical contact. Hall allegedly pushed and struck another individual who was the protected party of an active order of protection. She was arraigned in Batavia Town Court and held on no bail. Hall was due in Batavia City Court earlier this afternoon. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Alex Isaac, 27, of Hutchins Place, Batavia, is charged with third-degree criminal mischief -- damage to another's property exceeding $250. Isaac was arrested at 3:15 a.m. on Aug. 28 following an incident wherein he allegedly damaged headlights and taillights of a car belonging to another person on Hutchins Street. Isaac was located at an acquaintance's residence on Thorpe Street. Isaac was taken into custody without incident, issued an appearance ticket and released. Isaac is due in City Court on Aug. 30. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Marc Lawrence.

Timothy J. Wood Sr., 27, of South Main Street, Batavia, is charged with criminal possession of stolen property, 5th. He was arrested at 4:14 p.m. on Aug. 25 on South Main Street in Batavia after being located allegedly riding a bicycle that had been reported stolen earlier in the day. He was processed, released on an appearance ticket and is due in City Court on Sept. 13. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Gina L. Avino, 41, of Haven Lane, Batavia, was arrested at 11:50 p.m. on Aug. 26 on Walnut Street, Batavia, after allegedly refusing to leave a residence despite being told to do so several times. Avino was issued a computer-generated appearance ticket and release. Avino is due in City Court on Sept. 6. The case was handled by Batavia Police Officer Pater Flanagan, assisted by Officer Matthew Wojtaszczyk.

Russell Scott Neureuther, 18, of Pratt Road, Batavia, is charged with disorderly conduct. He was arrested at 7:39 p.m. on Aug. 26 following the investigation of a disorderly conduct complaint on Colby Road in the Town of Darien. Neureuther was allegedly found to be highly intoxicated by alcohol and walking in the road, obstructing traffic. He was arraigned and put in Genesee County Jail in lieu of $200 cash bail. He is due in Darien court on Sept. 6. The case was handled by Sheriff's deputy Sgt. Jason Saile, assisted by Chief Deputy Gordon Dibble.

David A. Stanton, 32, of Union Church Road, Franklin, is charged with: aggravated unlicensed operation, 3rd; operating a motor vehicle with suspended registration; and operating a motor vehicle without insurance. At about 6:18 p.m. on Aug. 27, a Genesee County Sheriff's Office patrol reported that a vehicle with a suspended registration was traveling north on Ellicott Street Road toward the City of Batavia. Batavia police located the vehicle on Oak Street and confirmed the suspended registration and initiated a traffic stop. Stanton was found to be operating the vehicle with suspended registration and with no insurance in effect. He was arrested and paid $200 police bail and was issued traffic tickets. Stanton is scheduled to be in City Court on Sept. 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

In five years of covering concerts at Frostridge, there are four shows I'm sure I'll always remember: Marty Stuart in 2011, which was my introduction to Jam at the Ridge, The Farm, featuring Alexander native Krista Marie, the time Blackjack Billy upstaged the night's headliner, Blackberry Smoke, that same year, and finally, Blackjack Billy's return to Le Roy last night.

A truck fire is reported on Clay Street, Le Roy, in front of the Le Roy Fire Hall.

Le Roy Fire dispatched.

UPDATE 10:13 p.m.: It's a recycling truck and there is smoke showing. Engine requested from a mutual aid department in Livingston County.

UPDATE 10:15 p.m.: Clay Street closed in both directions.

From Chris Hayward, Le Roy chief of police:

The Le Roy Police Department is accepting resumes for two full-time police officer positions. Candidates must already have civil service status or be on the Genesee County list to be considered. Interested parties must submit a resume to the Le Roy Police Department at 3 W. Main St., Le Roy NY 14482. ATTN: Chief Christopher Hayward. Resumes will be accepted until the close of business Friday, Sept. 16, 2016.

One person is injured following an accident at the intersection of Oatka Trail and Circular Hill roads. Le Roy fire and ambulance are responding.

Deputies were able to follow a trail of breadcrumbs, or in this case, truck parts, and, along with the help of witnesses, find and identify a suspect in a hit-and-run accident that occurred in the late morning in Le Roy on Monday.

James J. Riechel, 39, of Britt Road, Le Roy, was charged with leaving the scene of a property damage accident, following too closely, driving without a license and reckless driving.

According to reports, Riechel's 2002 Dodge pickup struck a Waste Management garbage truck that was in the midst of making its rounds. 

A witness said as the Waste Management driver called to report the accident, Riechel fled the scene.

The accident was reported at 11:40 a.m. in the area of 8550 North Road, Le Roy. 

There were no injuries reported.

The accident was investigated by Sheriff's Deputy Joseph Loftus.

Reader submitted photo.

Joshua D. Murphy, 30, of Pleasant Street, Le Roy, was arrested on Aug. 23 by the Le Roy Police Department. Murphy was charged with one count of endangering the welfare of a child, a Class A misdemeanor. Murphy was arrested following the investigation of a child who had been struck in the ribs. Murphy allegedly struck a 20-month-old child in the ribs on Aug. 13. Murphy was issued an appearance ticket on the charge and is due in the Le Roy Town Court on Sept. 26 to answer to the charge.

Kenisha A. Thomas, 18, of Dellinger Avenue, Batavia, was arrested on Aug. 14 by the Le Roy Police Department. Thomas was charged with: two counts of criminal mischief in the 4th degree, a Class A misdemeanor; one count of petit larceny, a Class A misdemeanor; and second-degree harassment, a violation. Thomas was arrested following a larceny complaint at the Beautiful Kitchen Chinese restaurant on West Main Street. Thomas allegedly stole a tip jar from the counter of the establishment, which had approximately $60 inside. While fleeing the scene, Thomas allegedly damaged the exit door and struck an employee in the face. Thomas was arraigned and is being held at the Genesee County Jail in lieu of $200 cash bail or $400 bond. Thomas is to return to the Le Roy Town Court on Sept. 6 to answer to the charges.

Jon Roblee, 40, of Bank Street, Batavia, is charged with second-degree harassment, resisting arrest and unlawful possession of marijuana. He was arrested on the charges following an incident on Aug. 16 that originally occurred at 10 p.m. on Oak Street in Batavia. He allegedly pushed a subject at that location but left prior to arrival of police. Patrols later located Roblee on Bank Street and attempted to take him into custody. He allegedly resisted but was eventually subdued and arrested. He was allegedly found to be in possession of marijuana. He was arraigned and jailed on $2,500 cash/bond. Roblee was due back in City Court on Aug. 18. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

Nicole R. Elmore, 28, of Erie Street, Le Roy, was arrested on Aug. 22 by the Le Roy Police Department. Elmore was charged with one count of endangering the welfare of a child, a Class A misdemeanor. Elmore was arrested after she allegedly allowed a child to be in the area of numerous items of drug paraphernalia in her residence. Elmore was arraigned and released under supervision of Genesee Justice. Elmore is to return to the Le Roy Town Court on Sept. 6 to answer to the charge.

Jason A. McFollins, 39, of Union Street, Batavia, is charged with: DWI; open container of alcohol; obstructed vision; aggravated unlicensed operation -- previous conviction; and operating a motor vehicle with a BAC of .08 percent or more -- first offense. McFollins was arrested at 2:05 a.m. on Aug. 14 on Olyn Avenue in Batavia for allegedly operating a motor vehicle while intoxicated. He was released on an appearance ticket and is due in Batavia City Court on Sept. 14. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Jonathan H. Wincott, 22, Gilbert Lane, Plainview, is charged with: refusal to take a breath test; speeding; unlawful possession of marijuana; and driving while ability impaired by drugs. He was arrested at 12:18 a.m. on Aug. 16 following an investigation into a traffic violation that occurred on East Main Street in Batavia a short time earlier. Wincott was processed at BPD headquarters and given several traffic tickets and an appearance ticket for City Court on Aug. 31. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Felicia DeGroot.

Dianna Leon, 18, of Richmond Avenue, Batavia, turned herself in at city police headquarters on a bench warrant. It was issued because she failed to appear in court on a driving-while-ability-impaired charge stemming from a hit-and-run accident on Ellicott Street in Batavia on Halloween 2014. She posted $250 cash bail and was issued a computer-generated appearance ticket. She was due in City Court on Tuesday (Aug. 23). The case was handled by Batavia Police Officer James DeFreze.

Patrick Neaverth, 35, no permanent address, is charged with second-degree criminal contempt and second-degree burglary. On Aug. 13, Batavia PD was dispatched to a Kingsbury Avenue address for a report of a male lying on the floor of an enclosed porch. Police found Neaverth in the enclosed porch. The female resident has a valid order of protection against the defendant out of City Court. He was arrested and jailed without bail. He was due in City Court on Aug. 15. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Matthew Joseph Engert, 25, of Geddes Street, Holley, was arrested Aug. 8 on a bench warrant out of City Court for allegedly failing to appear on a charge of aggravated harassment. He was jailed in lieu of $2,000 cash or $4,000 bond and was due in City Court Aug. 10. The case was handled by Batavia Police Sgt. Jason Davis.

Darryl Simone Robinson, 52, of East Main Street, Batavia, turned himself in on a City Court bench warrant on Aug. 16. Robinson allegedly failed to pay a fine on Aug. 3 on an unnecessary noise conviction. Robinson was arraigned on the warrant then released on his own recognizance. The case was handled by Batavia Police Officer Jason Ivison.

Tyanna D. Green, 21, of Walnut Street, Batavia, was arrested on Aug. 16 on two bench warrants -- one for failure to appear in court, the other for failing to pay a fine from two separate incidents. Green was arraigned and the judge also signed and executed a warrant for violation of Probation. Green was jailed in lieu of $5,000 bail and was due back in City Court on Aug. 18. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Gina L. Avino, 41, of Haven Lane, Batavia, was turned over to BPD by the Genesee County Sheriff's Office on Aug. 19 on a bench warrant out of City Court. Avino was arraigned and jailed on $250 cash bail or bond and is due in City Court today. The case was handled by Batavia Police Officer Arick Perkins.

Cody Moore, 27, no permanent address, was arrested on a bench warrant Aug. 22. He allegedly failed to appear in Batavia City Court to answer charges of traffic violations. Moore was arraigned and put in GC County Jail in lieu of $1,000 cash bail. He is due in City Court on Aug. 30. The case was handled by Batavia Police Sgt. Jason Davis, assisted by Sgt. Dan Coffey.

Jordan G. Merica, 24, of Main Road, Stafford, was arrested at 9:46 p.m. on Aug. 20 after being located in Kibbe Park in Batavia after hours and allegedly in possession of marijuana. Merica is due in City Court on Aug. 30. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins.

The players are working hard, learning fast and Head Coach Brian Herdlein likes what he sees so far of the 2016 edition of the Le Roy Oatkan Knights.

The team has athleticism, he said, though several players are being asked to step into starting roles for the first time.

Josh Laurie returns to his #1 QB slot and the other offensive skill positions look strong, Herdlein said.

"if we can stay away from the injury bug, we should be solid at the skill positions, especially receiver; we’re pretty deep there," Herdlein said. "We’ve got a couple of solid running backs, then you add Josh in there, who can run and throw. He’s a duel threat, so I think we’ll be OK."

Defensively, the team loses Nick Eggling but adds speed and height with Dom Filio, Nate Flint, Bryce Bordonaro and Luke Stella.

The team's first home game will be played in Perry because of new construction (field house, concession stand and press box) at Hartwood Park, with the first actual home-home game coming in the fourth game of the season.

That odd schedule won't affect the team at all, Herdlein said. The players have known about the change all off-season, he said.

Le Roy will play Cal-Mum this year, the traditional archrival, at the end of the season.

It's always the Knights' goal to make the post-season and Herdlein thinks his young team has the talent to challenge for a Class C title.

"Right now, I think we’re taking all the right steps," Herdlein said. "The kids work hard every day. They’re willing to learn. That’s all we can ask."

Photo provided by GCC. Award winners -- all wearing medals around their necks -- are pictured from left: Michelle A. Peck, M. Richard Dudkowski, Rafael Alicia-Maldonado, Ph.D, Karen Huffman, Ph.D, Carol Marriott, Pamela N. Lusk, Edward J. Grabowski, and Karen K. Wicka. (Not shown: Roxanne M. Holthaus.) GCC President James Sunser is standing in back in the center. Chair of GCC's Board of Trustees Laura Bohm is standing in front with her hands clasped together. 

Press release:

Nine members of the Genesee Community College faculty and staff, two of whom live in Genesee County, have been recognized by State University of New York Chancellor Nancy Zimpher for outstanding contributions to their profession, the campus and the community. The Chancellor's Award for Excellence is given in recognition of consistently superior professional achievement and encourages the ongoing pursuit of excellence.

The following GCC faculty and staff members earned the 2016 award and were honored at a reception on the Batavia Campus Thursday, Aug. 18, in the Stuart Steiner Theatre.

Award for Excellence in Teaching

***Roxanne M. Holthaus, Assistant Professor, Nursing – Holthaus joined GCC as a full-time faculty member in 2009. With over 16 years of experience, both as a highly engaged registered nurse and a family nurse practitioner in a university setting, Holthaus was promoted by the College to the rank of assistant professor of Nursing in 2015. She earned a bachelor's degree in Biology from SUNY Binghamton and a bachelor's and master's degree in Nursing from the University of Rochester School of Nursing. Entirely dedicated to the success of her students, Holthaus is the coordinator and point of contact for the "Nursing Boot Camp" program, a series of clinical lab and simulation exercises run for two to three nights during the months of July and/or August, as a means of helping students maintain their nursing skill set during the semester break. In the classroom, Holthaus uses multiple techniques to enhance the learning environment and believes that all students enrolled in the nursing program have the right to learn and the chance to be successful. She believes that students need to be reached where and how they learn best, which means understanding that the same approach will not work for all. ***Holthaus resides in Le Roy.

Karen K. Wicka, Assistant Professor of Criminal Justice – Wicka was an attorney who left the practice of law to pursue her passion of teaching. She began her time at GCC as an adjunct professor of criminal justice in 2001 and was hired as a full-time instructor in 2008. As of 2012, Wicka has held the title of assistant professor. In addition to classroom learning, she has taken an active role in promoting learning through other school activities, including the Criminal Justice Club which she is a co-advisor for. Within the club, Wicka aids students in running various activities and events which help them learn more about and participate in the criminal justice field. She has also inspired in students to give back to the community through various service activities such as raising money for the Genesee County K-9. Wicka obtained a bachelor's degree in Political Science from SUNY Potsdam before earning a juris doctorate from Albany Law School of Union University. Her legal experience includes serving as an associate for Bond, Shoeneck & King, LLP, in Buffalo and O'Connell and Aronowitz, P.C. in Albany, where she previously worked as a law clerk. Wicka is a member of the Criminal Justice Educators Association of New York (CJEANYS), Academy of Criminal Justice Sciences (ACJS), the National Association of Criminal Defense Lawyers and the New York Bar Association. She continues to give back to the College with her time as a volunteer for the Scholars Symposium and the New York State Historical Society Essay Contest for GCC, helping students prepare and revise essay submissions. She resides in Hamburg.

Award for Excellence in Adjunct Teaching

Edward J. Grabowski, Adjunct Instructor of Social Science and Business – Grabowski teaches a variety of courses at GCC across multiple disciplines, including Criminal Justice, Business Law and Paralegal Studies, and at several locations. He has taught on an adjunct basis at the College since 2007, bringing a level of excitement and entertainment to the classroom. Grabowski's teaching style creates an atmosphere that is highly conductive to student learning and he does whatever he can to help students be successful, frequently going above and beyond expectations of adjuncts to help a student in need. His career in law enforcement began with an A.A.S in Police Science from GCC in 1976. He then earned a B.S. in Police Science and Education from Buffalo State College and finally, Grabowski received a J.D. from the University at Buffalo School of Law in 1997. Heavily involved in his community, he has been a Boy Scout leader for 20 years and teaches law and criminal justice-related merit badges to Boy Scouts. Grabowski is a member of the Orleans Niagara BOCES School Board and has a professional Santa Claus costume, portraying Santa since 1982 at local events. He resides in Medina.

Pamela N. Lusk, Adjunct Instructor of Social Science and Health – Lusk has taught for GCC since the Albion Campus Center opened in the fall of 1990. Her background and education allow her to teach in multiple subject areas, including Psychology, Health, Human Services and Sociology. Lusk obtained a dual-major bachelor's degree in Health Education and Community Development and a master's degree in Health and Social Sciences from The College at Brockport and completed her Ph.D in Psychology from Cornell University. She has been so highly regarded at Genesee that she has been asked to fill other temporary assignments for the College including acting associate dean for the campus center and wellness coordinator the Title III Grant. In addition to teaching, Lusk volunteers her time both within the College and in her community and encourages her students to do the same. She has led the Albion Campus Wellness Student Club and has overseen numerous fundraisers and other service projects to help those in need. Lusk's exuberance and positivity is contagious, not only with students, faculty, and staff but also with community members.

Award for Excellence in Scholarship and Creative Activities

Karen Huffman, Ph.D, Assistant Professor of Biology – Huffman has been a member of the College's Science faculty since 2011 and has become an integral part of the department, being promoted to the rank of assistant professor in the fall of 2014. She has been instrumental in developing service learning at Genesee and has worked to develop coursework with colleagues from across the academic divisions to help students learn better study skills, note taking, and develop writing skills. Huffman graduated with Honors from Indiana University, earning a Bachelor of Science degree in Microbiology. She then moved to Texas and completed a Ph.D in Biology at the University of Texas, teaching, carrying out original research, and presenting at national meetings. Her teaching includes stints as an adjunct professor at a number of community and four-year colleges in Chicago and Buffalo, and as a high school biology teacher at Mt. Mercy Academy in Buffalo. Beyond GCC, Huffman serves on several state level committees including the NYS Science Content Advisory Panel and the Science Teachers Association of New York State, where she serves on the Board of Directors and was recently elected as the statewide college level representative. She was instrumental in planning and executing the College's first Scholars Symposium Day, which was held in the spring and provided a platform for students and faculty to present their research on topics of interest to them. Huffman continues to represent GCC through presentations that she makes at local, state and national conferences as well as through a long list of publications.

Award for Excellence in Faculty Service

M. Richard (Rick) Dudkowski, Professor of Business/Marketing/Fashion – Dudkowski has been a valued member of the GCC faculty since 1984, making significant contributions to the College and in particular, the Fashion Business program. He was hired as the first full-time faculty member in the Fashion program and through his leadership, the program has grown from 12 students to its current enrollment of 73 students. He is well known in the Western New York fashion industry and is frequently sought after to serve as a guest speaker or judge for an event. "Mr. D," as he is called by his students, was the 2001-2002 recipient of the SUNY Chancellor's Award for Excellence in Teaching and the 2008-2009 recipient of the SUNY Chancellor's Award for Excellence in Scholarship and Creative Activities. He is currently co-chairing the College's 50th anniversary steering committee and he co-chaired the 20th anniversary steering committee, helping to organize special events to recognize the founding of GCC. Under Mr. D's watch, the annual fashion show celebrated its 35th anniversary in the spring and has grown into the largest and longest-running fashion show in Western New York. For the past 15 years, under the direction of Mr. D, the Business Forum Club has hosted the annual "Ducky Derby," raising thousands of dollars to support the United Way. Richard earned an associate degree in Business Administration from Erie Community College, a bachelor's degree in Consumer and Business Studies from Buffalo State College, a master's degree in Vocational and Technical Education from Buffalo State College, and he has completed all but the dissertation at the University at Buffalo in the Educational Doctorate program in Vocational Education. He resides in Clarence.

Award for Excellence in Professional Service 

Rafael Alicea-Maldonado, Ph.D, Dean of Math/Science and Career Education – "Dr. RAM," as he is known on campus, came to GCC as an instructor of Chemistry in 2000. He received the SUNY Chancellor's Award for Excellence in Teaching in 2004-2005 and after reaching full professor status in 2010, and he won again in 2011 for Faculty Service. He oversees 40 academic programs, a significant portion of the Academic Affairs division. A native of Puerto Rico, Dr. RAM earned a bachelor of science degree in Chemistry from the University of Puerto Rico and a doctoral degree in Chemistry from the University at Buffalo. He was awarded the Mattern-Tyler Excellence in Teaching Award from the Department of Chemistry at UB, has authored several publications, and has presented at over a dozen conferences. In August of 2011, Dr. RAM was became the academic dean of the Math, Science & Career Education Area at GCC after the College conducted a nationwide search for the position. He currently teaches the Intro to Chemistry course in an online format, which he developed. Dr. RAM resides in Buffalo.

***Carol Marriott, Associate Vice President for Institutional Research and Assessment – Marriott's career at the College began in 2000 as a temporary grant coordinator to oversee operations of a Title III Grant. Under her direction, the grant provided GCC with a strengthened endowment and several facilities that greatly improved the quality of the learning experience, setting the College apart from its peers. At the end of the grant, Marriott returned to school and obtained a master's degree in Higher Education from the University at Buffalo before returning to work at Genesee as the director of Institutional Research. She advanced to the position of associate dean for Institutional Research and Assessment in 2009 before being named associate vice president in 2012. Under Marriott's leadership, Genesee has never missed a deadline, or been unable to accommodate a change to reporting requested by external stakeholders such as SUNY or Middles States Commission on Higher Education. Her creative and innovative approach to problem solving has resulted in the development of major decision-making tools at the College, such as the Genesee Strategic Intelligence (GSI) system. Her leadership has put GCC at the forefront of its peers and been recognized at the state level as well as by Middle States. ***Marriott resides in Corfu.

Award for Excellence in Classified Service

Michelle A. Peck, Secretary of Health, Physical Education and Athletics – Peck started her career at the College in 2007 and she has been an integral part of the Health, Physical Education and Athletics departments from that time forward. Serving as secretary to both the director of Athletics and to the director of Health and Physical Education at GCC, Peck's work requires a high level of organization and her daily routine consists of multitasking to complete several projects in a timely manner. She has served on several search committees and is a member of LEAD, which is a leadership, development committee for student athletes. Peck actively assists in organizing and participating in several events each year, such as the GLOW Corporate Cup, athletic team games and fundraisers, Mission Condition, Athlete Olympics, Mini-Summit, Athletics Hall of Fame, and more. She continuously meets the needs of hundreds of students, faculty, athletes and coaches each year while balancing her responsibilities and efforts under two supervisors. Peck resides in Orangeville.

Shawn Thomas Rushok, 17, of Swan Street, Batavia, is charged with first-degree sex abuse. He is accused of having "inappropriate sexual contact with another person" on May 24 in the Town of Le Roy. He was arraigned on Aug. 15 in Le Roy Town Court and released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy John Dehm.

Gannon David McNall, 20, of Centerline Road, Varysburg, is charged with public lewdness. He was arrested on Aug. 15 after allegedly being observed masturbating in the parking lot of a Batavia department store on Veterans Memorial Drive at 5:39 p.m. He was released on an appearance ticket returnable to Town of Batavia Court at 1 p.m. on Thursday, Sept. 22. The case was handled by Sheriff's Deputy Michael Lute.

John Kauffman Stone, 49, of Main Street Road, Batavia, is charged with second-degree harassment. The defendant was arrested for allegedly pushing and slapping another person on West Main Street Road, Batavia, at 8:52 p.m. on Aug. 14. He was arraigned in Town of Batavia Court and jailed on $500 bail. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Kevin McCarthy.

Michael John Jarmuz II, 26, of Idlewood Drive, Tonawanda, is charged with second-degree criminal impersonation and second degree aggravated unlicensed operation. The subject allegedly gave the arresting officer his brother's information during a DWAI/drug arrest at 3:06 a.m. on Aug. 13 on Oak Orchard Road, Elba. The subject's "common law" stepmother reported to the arresting officer two days later with the subject's correct information. The subject allegedly gave his brother's information because he had a suspended driver's license and a warrant from another county. He is due in Elba Town Court on Sept. 7. The case was handled by Sheriff's Deputy Chris Parker, assisted by Deputy Eric Meyer.

Bradley Edward Moore, 18, of Manning Road, Holley, is charged with petit larceny. The subject allegedly stole two cartons of cigarettes from a smoke shop on the Tonawanda Indian reservation at 2 p.m. on June 6. He is due in Alabama Town Court on Aug. 30. The case was handled by Sheriff's Deputy Chris Parker.

Gina Lynn Avino, 41, of Haven Lane, Batavia, was arrested Aug. 19 on a bench warrant out of the City of Batavia PD following the investigation into a motor-vehicle accident in the Town of Batavia on that date at 3:25 p.m. on West Main Street Road. The case was handled by Sheriff's Dpeuty Michael Lute, assisted by Dpeuty Rachel Diehl.

There is a reported smell of burning plastic and smoke coming from the building at 7959 E. Main Street Road, Le Roy.

Le Roy fire and Bergen's ladder truck dispatched.

UPDATE 6:29 p.m.: City of Batavia's Fast Team, a tanker from Pavilion and Le Roy's ambulance requested to the scene for a possible structure fire.

UPDATE 6:33 p.m.: Assignment can be held to the equipment that is on the road.

UPDATE 6:36 p.m.: The Fast Team response is canceled. 

A motor-vehicle accident with unknown injuries is reported at Route 19 and Parmalee Road in Le Roy. Unknown injuries. Le Roy fire and ambulance are responding.

UPDATE 12:14 p.m.: An elderly female driver in a sedan was southbound on Route 19 when she slowed to make a left turn onto Parmalee. Behind her was a Chevy Suburban with four teenagers in it and the driver was following the sedan too closely and failed to notice the sedan slowing to turn, resulting in a rear-end collision, according to the officer at the scene. No one was apparently injured, however. A family member drove to the scene and took the elderly female home after she was evaluated by medics.

A possible barn fire is reported on Hebbard Road near North Road in the Town of Le Roy. A caller reports seeing smoke coming from the barn. Le Roy fire is responding along with mutual aid from Bergen. Caledonia is asked to stand by in their fire hall.

Imagine having a multiple platinum recording rock band performing for you and your closest friends in your back yard. Well that was the feel of the Kansas concert in Le Roy at The Ridge.

Kansas must have felt right at home with Great Plains-style pop-up thunderstorms in the area as they played for a very friendly crowd that was not at all afraid of the rain.  The fans on hand were singing and dancing along with the bands many well known hits. Yes, you should have been here.

There are two more chances this summer to catch The Jam at the Ridge. The next show at the ridge is Blackjack Billy Aug. 27^th. 

Brenda Carol Shryock, 49, of Oak Drive, Beech Island, S.C., is charged with second-degree harassment. She was arrested at 7:03 p.m. on Aug. 11 following an investigation into a domestic violence complaint in the Town of Le Roy. She allegedly punched a person. She was put in Genesee Cpounty Jail and is due in Le Roy Town Court on Thursday, Aug. 18. The case was handled by Sheriff's Deputy Rachel Diehl, assisted by Dpeuty Ryan DeLong.

Bonnie Marie Breissinger, 52, of County Line Road, Darien, is charged with first-degree criminal contempt and second-degree harassment. She was arrested at 4:27 p.m. on Aug. 4 on County Line Road in Darien for allegedly subjecting another person to physical contact in violation of a no-offensive-conduct court order. The case was handled by Sheriff's Deputy Kevin McCarthy.

Patricia Jean Kendall-Cargill, 51, of Swamp Road in Bergen is charged with second-degree criminal contempt. She was arrested at 6 p.m. on Aug. 7 on Swamp Road following an investigation into a violation of an order of protection. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Jason Saile.

A 17-year-old male who lives on Woodland Terrace in Cheektowaga is charged with trespass. The subject was arrested at 4:44 p.m. on Aug. 10 on Gilmore Road in Pembroke for allegedly trespassing on private property. He was issued an appearance ticket for Pembroke Town Court on Aug. 30. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Kevin McCarthy.

A 16-year-old male who lives on Lamarck Drive in Amherst is charged with trespass. The subject was arrested at 4:44 p.m. on Aug. 10 on Gilmore Road in Pembroke for allegedly trespassing on private property. He was issued an appearance ticket for Pembroke Town Court on Aug. 30. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Kevin McCarthy.

A 67-year-old Holley man apparently suffered a medical emergency while driving through Le Roy at 4 a.m., Thursday, causing a series of accidents that led to a utility pole being knocked down and heavy damage to construction trailers at Wolcott Street School.

Douglas M. Howe was reportedly eastbound on East Main Street when he attempted a three-point turn in a 10-wheeler in the area of 57 E. Main St.

Le Roy PD reports that Howe drove the truck over the curb and broke some large branches off a tree in front of that residence.

He then proceeded west for a short distance and his truck went up over the curb in front of 44 E. Main St. The truck struck and snapped a utility pole and crashed into a cobblestone wall.

Howe then apparently backed the truck up and proceeded west on East Main Street. He then drove the truck up over the curb in front of Wolcott Street School. The truck continued south where it struck two construction trailers near the main entrance to the school. The trailers suffered heavy damage and were pushed into the school building, which suffered minor damage.

Howe was transported to UMMC by Le Roy Ambulance for treatment of minor injuries and medical evaluation.

No charges are anticipated at this time. 

Assisting at the scene was the Sheriff's Office and State Police and Le Roy Volunteer Fire Department.

Photos provided by Le Roy PD.

Photos and info submitted by Jerry Diskin.

The American Legion post in Le Roy, Botts-Fiorito Post #576, conducted a flag disposal ceremony Sunday afternoon, burning flags that had been dropped off with the Legion and deemed no longer serviceable.

The ceremony was held at the Northwoods Sportsman Club on Gulf Road with the assistance of the Le Roy Volunteer Fire Department. 

There were approximately 335 flags disposed of in the ceremony, including the giant flag that was replaced on the Orcon Industries building on Lake Road.

The ceremony was conducted by Post Commander Don Schafer. 

The ceremony is based on Public Law 344, passed by the 94th Congress in 1978:

"When the flag is in such a condition that it is no longer a fitting emblem for display, it should not be cast aside or used in any way that might be viewed as disrespectful to the national colors, but should be destroyed in a dignified way, preferably by burning or by some other method in harmony with the reverence and respect we owe to the emblem representing our country.”

NOTE: This story is a complete version of the breaking news item we posted earlier today.

The Le Roy resident charged with murder in the shooting death of Norman "Don" Ball during the early morning of Dec. 1 entered a plea in Genesee County Court this afternoon of not guilty by reason of mental disease or defect.

District Attorney Lawrence Friedman told Interim Judge Micheal Pietruszka that two psychologists examined the 53-year-old defendant, Kyle G. Johnson, and both found that Johnson is dangerously mentally ill. One expert was hired by the defense and one by the prosecution. If the case had gone to trial, both would have testified about Johnson's mental condition.

Defense Attorney Jerry Ader told Pietruszka that at trial he would mount what is called an "affirmative defense" that his client was affected by mental illness that time the crime was committed. With the prosecution's own expert witness agreeing with the diagnoses, Friedman said the people would accept the plea.

Johnson was facing an eight-count indictment that included charges of murder, burglary, arson and attempted murder. Johnson the suspect in the shooting death of Ball, accused of entering his Selden Road neighbor's home and shooting him in the head while he slept, and then returning to his own residence and setting it on fire and then firing a Le Roy fire chief and a Le Roy police officer when they responded to the fire alarm.

There was then an hours-long stand-off with Johnson while he wandered around the area of his burning home, reportedly asking officers to shoot him, and a couple of moving times toward officers with his rifle cradled in his arms.  Emergency response teams, with armored vehicles,  from Genesee County and Monroe County swarmed the scene and Johnson, surrounded, eventually agreed to peacefully surrender to authorities.

After accepting Johnson's plea, Pietruszka ordered Johnson transferred to a state-run, secure mental health facility where he must undergo further evaluation to confirm the diagnoses. He will be evaluated either by two psychologists or a psychologist and a psychiatrist. The results of those exams will determine whether Johnson remains in a secure mental health facility or is moved to an in-patient facility or released. That decision will be based on whether he is found dangerously mentally ill, mentally ill or not mentally ill.

"We fully expect they will find him dangerously mentally ill," Friedman said.

In court, Friedman said that Johnson's mental health history, stretching back 11 years, was 400 pages long. He did not reveal what sort of mental health issues that Johnson may have been treated for, or if any of that record indicated anything about being a threat to himself or others.

Today's plea ends all further criminal prosecution of Johnson these charges, Friedman said, even if at some later date -- next week, next month, next year, or years from now -- he is deemed mentally healthy enough to return to society.

Pietruszka asked Johnson during the hearing if he understood that his plea could mean he would spend the rest of his life in a mental institution, and Johnson said yes.

Throughout all of Pietruszka's questions, Johnson made no statement beyond answering yes or no.

Friedman said with the plea, it's quite possible that Johnson will spend more time in confinement than if he had gone to trial, been found guilty and sentenced to prison.

Johnson will be taken to the Rochester Psychiatric Center and held there while undergoing exams. The staff has 30 days to complete a report, but a 30-day extension could be requested. Pietruszka did not want to schedule Johnson's next court appearance until the report is completed.

If the case had gone to trial, Johnson would face multiple ranges of potential prison terms, including a max of 40 years to life.

Outside of court, the children of Don Ball were not entirely happy with Johnson's plea and the fact that he will avoid prison, as well as a belief that the system failed by allowing Johnson to be free, and own a weapon, even before Dec. 1.

"We're not very happy that he's not going to be incarcerated, but we will all work very hard to ensure things like this don't happen again, where somebody like this is let out of a secure facility and then be able to be unsupervised in society," said Ryan Ball, standing with his sister Cherie Wesser, Shawan Gell. Jeanette Keating,

Ball also said he saw some benefit to Johnson receiving mental health treatment. He just doesn't trust that Johnson won't be released at some point.

"He needs help like that," Ball said. "He needs to be in a secure place. He's a dangerous person and he has been in and out for the past 11 years. Even though that has happened, he was let out by those people. Now he's in another secure facility. What are the chances that he will be let out again? It's as if they waited for something to happen. Now that something did happen, they're saying, 'well, maybe, he will be in for the rest of his life.' That's very upsetting."

Keating questioned whether the government is really doing a good enough job protecting the public from dangerously mentally ill people. 

"If there were better policies and procedures in place for the mentally ill, then maybe our dad would still be here," Keating said. "The revolving door is upsetting -- to see somebody released, still having a mental defect, with just the hope that they will continue with their medication when there is no supervision."

Asked if they were concerned that Johnson had been able to obtain a firearm, Keating said, "absolutely."

"That was one of our first questions," she said. "How is it that he had a firearm?"

Ask if he felt the judicial system had let the Ball family down, Ryan didn't go that far.

"It's a failure at some point," Ball said. "I'm not sure what that point is, but I'm going to work hard to find out exactly where this failed. This guy has been known to be a dangerous and mentally ill person for a long time."

Friedman also seems to express some doubts about how Johnson obtained a firearm and was not better supervised.

"This (Johnson obtaining a firearm) is a very big concern, obviously," Friedman said. "Unfortunately, that is something that was not prevented in this case. We can talk about the possible failings of the system in the past that this happened, but this is just a tragedy."