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Le Roy

Law and Order: Richmond Avenue resident charged with aggravated DWI, allegedly had BAC of .21 percent

By Billie Owens

Steven Paul Diveronica, 47, of Richmond Avenue, Batavia, is charged with aggravated DWI and DWI. On Friday at 10:44 p.m. Diveronica was arrested following an investigation into a vehicle pulled over on the side of Richmond Avenue. It is alleged that Diveronica was the driver and that he appeared intoxicated on alcohol. After submitting to standard field sobriety tests, he was arrested. A chemical test subsequently resulted, allegedly, in a BAC of .21 percent. He was released with appearance tickets to return later in City of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Honour Haley Myers, 27, of York Road, Le Roy, is charged with unlawful possession of marijuana. Myers was arrested on Clinton Street Road in Bergen at 8:26 p.m. on Friday following a domestic incident. She allegedly possessed marijuana in the trunk of her car. She was issued an appearance ticket to be in Town of Bergen Court on April 6. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Chad Cummings.

Le Roy Junior-Senior High School closed for second day

By Raymond Coniglio

Le Roy Junior-Senior High will be closed today, “due to ongoing issues in the boiler room,” Superintendent Kim Cox said in an automated message to parents.

The school was evacuated and closed Thursday morning after a possible natural gas leak was reported.

The message from Cox was sent to parents at 6:24 a.m. today.

Programs at BOCES are not affected by the closing in Le Roy. Students who attend BOCES in the morning, will be picked up on the morning school bus run as usual, Cox said.

Students who attend afternoon classes at BOCES are asked to report to the Junior-Senior High School bus loop by 11:20 a.m. Students who need a ride to school are advised to contact the Transportation Department 768-8640 by 9 a.m. today, and one will be arranged, Cox said.

High School Principal Tim McArdle will send a follow-up message later today, to let students and staff know how they can pick up any materials at the school they need for the weekend, Cox said.

Wolcott Street School, which houses students in prekindergarten through sixth grade, was closed Tuesday morning after a venting problem caused an odor in the building. Classes resumed Thursday and will continue as scheduled today, Cox said.

Le Roy board approves creation of independent town ZBA

By Raymond Coniglio

The Le Roy Town Board on Thursday voted to create a three-member town Zoning Board of Appeals.

In effect, the action abolishes the joint town/village ZBA. Members of the new town ZBA will serve three-year terms.

The measure was approved, 4-1, after a 15-minute public hearing in the town courtroom. John Duyssen, who was elected to the board in November, cast the dissenting vote.

Seven people spoke during the hearing. Most opposed breaking up the existing joint ZBA.

The law — officially, Local Law No. 1 of 2016 — will become effective upon its filing with the state Secretary of State. That is required within 20 days.

The Town Board voted this past November to withdraw from the 2004 intermunicipal agreement that established the town/village ZBA. A public hearing had been planned for December.

Those actions came before the joint ZBA could comply with a court order for it to rule on the legal status of Frost Ridge Campground. Interim Supreme Court Judge Robert Noonan subsequently ordered the town to cancel its public hearing, and for the ZBA to conduct a hearing on Frost Ridge by Dec. 18, 2015.

The current ZBA ruled in favor of Frost Ridge on Feb. 17.

Following its approval to create a town ZBA, the board voted unanimously on several related matters:

— The board agreed to the appointment of John Rider as town ZBA chairman, with a three-year term to expire Dec. 31, 2018; and Robert Uberty to serve as member for a four-term term to expire Dec. 31, 2019. (The seat held by Uberty would subsequently be for a three-year term.) Matthew Gilligan was appointed to serve as alternate, and Debbi Jackett — who chairs the current joint ZBA — would continue as a member of the town ZBA.

— The town ZBA would be prohibited from spending any funds beyond its allocated budget, without the prior approval of the Town Board.

— The town ZBA would be required to use the services of the town attorney and town engineer. The town attorney may waive that requirement if in the “best interest” of the town.

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By Lisa Ace

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Gas leak reported at Le Roy HS

By Howard B. Owens

There is a natural gas leak reported at Le Roy Junior/Senior High School.

Le Roy fire is on scene. Stafford, Bergen and Pavilion dispatched mutual aid.

About 20 minutes ago, Le Roy fire was dispatched to the school for a pull station alarm.

UPDATE 10:41 a.m.: Town of Batavia fire requested to fill in at Le Roy's fire hall. Pavilion, which was standing by, now called to the school, located at 9300 South Street Road, Le Roy.

Le Roy school cleared to resume classes Wednesday

By Raymond Coniglio

Le Roy’s Wolcott Street School was evacuated as a precaution this morning, due to a “strange odor” in the building, Principal Carol Messura said.

No one was in danger at any time, Messura said in an automated message to parents, and school will resume as normal on Wednesday.

“This morning we experienced a strange odor permeating through the Lapp wing and first floor of our Wolcott Street building,” Messura said in the message this evening.

“This was not a natural gas leak,” she said. “What we did find was a venting problem. At no time was anyone in danger. We were simply following protocol.”

The evacuation was ordered before the start of school, and parents were notified at 8:55 a.m. Arriving students were either “reverse-bused” home, dismissed to their parents or transported to the Junior-Senior High School.

Le Roy Fire Department and RG&E personnel investigated, and gave the all-clear about 10 a.m.

Wolcott Street School accommodates children from prekindergarten through sixth grade.

Previous coverage: Le Roy elementary school evacuated

Le Roy elementary school evacuated

By Raymond Coniglio

Le Roy's Wolcott Street School was evacuated this morning “due to an odor,” Brian Foeller, business administrator, said in an automated voice message to parents.

Students were not allowed into the building, and are being sent home.

Students who take the bus to school will be “reverse-bused” home. Those who do not have a parent to receive them will be taken to the junior-senior high school or to a sitter if one is on file, the message said.

Students who walked to school were being dismissed from the school auditorium, the message said.

Wolcott Street School houses students in grades K-6.

UPDATE 9:45 a.m.: Le Roy Fire Department and RG&E personnel are at the school to investigate a possible natural gas leak. Also, in a follow-up automated message, the district said the evacuation was completed by 9:30 a.m. and any students who have not been sent home can be picked up at the Junior-Senior High School. 

Bald eagles near Le Roy town line drawing local attention

By James Burns

Bald eagles are using a nest on Oatka Trail, just outside of Le Roy.

Harassing, disturbing or injuring a bald eagle is a federal offense and carries a penalty of up to $20,000 and/or one year in jail. Remember that bald eagles should remain undisturbed, and it is important that they conserve energy during the winter months.

Bald eagle viewing tips from the NY Department of Conservation to help you to have the best possible experience:

  • Use a designated bald eagle viewing site;
  • Scan the tree line for eagles that are perched in the treetops;
  • Look overhead for eagles soaring high in the sky;
  • Check ice floes or river islands for eagles sunning themselves or enjoying a meal;
  • Arrive early (7 to 9 a.m.) or stay late (4 to 5 p.m.), when eagles are most active;
  • Be patient -- the key to successful viewing is patience.

For the safest and least intrusive bald eagle viewing, we recommend the following "Eagle Etiquette":

  • Remain in or immediately next to your vehicle, and don't approach eagles closer than a quarter mile; Avoid roosting areas;
  • Refrain from loud noises: honking horns, door slamming, radios playing, yelling, etc.;
  • Keep pets at home;
  • Use binoculars or spotting scopes instead of trying to get a little closer;
  • Don't do anything to try to make the bird fly;
  • Respect private property and avoid restricted areas.

Becca Schwan of Le Roy earns Liberty League Women's Track and Field Rookie of the Week honor

By Billie Owens

Press release:

Freshman Becca Schwan, of Le Roy, of the RIT women's track and field team, was named the Liberty League Women's Track and Field Rookie of the Week on Monday, for the week ending Feb. 28. It is Schwan's first weekly honor.

Schwan was part of a record setting relay team and won an event at the 2016 NYSCTC Championships over the weekend. She was part of the distance medley relay team that finished third overall in a time of 12:13.55, smashing a nine-year old school mark by four seconds.

In addition, Schwan won the 1,000-meter run, coming home in a time of 3:02.10. Schwan was also part of the 4 x 400-meter relay team that placed fourth in 4:08.16.

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By Lisa Ace

Live Music Saturday March 12th, Cory Daniel's Band 9:30pm - 1:30am! Stop in and try our lunch specials starting at $5.99 on Monday through Friday from 11 a.m. -- 3 p.m. or our famous breakfast specials on Saturday and Sunday mornings from 8 a.m. -- 1 p.m. Join the Mooney’s Mobile VIP Club now and get $5 off your purchase of $25 or more. Text MBG3 to 51660. Plus stay tuned for more inside offers and updates. Mooney’s Sports Bar & Grill, 65 Lake St., LeRoy, NY. 585-768-4949. Click here to visit our Facebook page.

Couple's relationship meeting in Le Roy ends in felony arrests

By Howard B. Owens

A couple who met on Robbins Road, Le Roy, on Feb. 21 to discuss their relationship was subsequently arrested on felony charges after one was hospitalized and the other had her car seriously damaged.

Le Roy PD reports that Rebecca L. Rose, 23, of North Street, Le Roy, and Jeffrey W. Scott, of Walnut Street, Batavia, were in Rose's car discussing their relationship when things got heated. Scott allegedly became violent and caused $1,643.48 in damage to the interior of Rose's car.

Scott then reportedly got out of the vehicle and Rose allegedly backed over him and then, in pulling forward to leave, ran over him a second time.

Scott suffered pain and abrasions over several parts of his body. He was transported to an area hospital where he was treated and released.

Scott was charged with one count of criminal mischief, 3rd, a Class E felony, and Rose was charged with one count of assault, 2nd, a Class D felony, and leaving the scene of a personal injury accident. Both were arraigned in Le Roy Town Court both were released on their own recognizance.

Law and Order: Batavia man accused of possessing modified flare gun

By Howard B. Owens

William E. Berge, 21, of Hutchins Street, Batavia, is charged with criminal possession of a weapon, 4th. Berge was allegedly found in possession of a flare gun that was modified to fire a 12-gauge shotgun round.

Joseph M. Marceilli Jr., 30, of Central Avenue, Batavia, is charged with aggravated unlicensed operation, 2nd, and obstructed view. Marceilli was stopped for an alleged traffic violation at 4:52 p.m. Saturday on Liberty Street, Batavia, by Officer Christopher Lindsay.

Tyler J. Henderson, 27, of Franklin Street, Batavia, was arrested on a warrant for alleged failure to appear. Henderson was arrested on a City Court warrant and released on his own recognizance.

Woodrow C. Horseman, 39, no permanent address, was arrested on a warrant for alleged failure to appear on criminal trespass and endangering the welfare of a child. He was jailed on $2,500 bail.

Jeffrey Robert Ammon, 48, of South Lake Street, Le Roy, is charged with trespass. Ammon is accused of being on the premises of a location on Maple Avenue, Bergen, at 6:25 p.m. Tuesday after being told to leave. Also charged with trespass was Krista Renee Lewis, 46, of Church Street, Bergen.

Amanda Ann Allard, 35, of Cadwell Road, Bliss, is charged with possession or transport or offer for sale of unstamped cigarettes and speeding. Allard was stopped at 12:29 p.m. Tuesday on Route 77, Pembroke, by Deputy Joseph Corona.

Tremain Valdez Gillbert, 26, of Wing Street, Bliss, is charged with unlawful possession of marijuana. Wing was arrested following a traffic stop at 12:29 p.m. Tuesday on Route 77, Pembroke.

Law and Order: Batavia man accused of sending inappropriate Facebook message to a child

By Howard B. Owens

Todd A. Berkemeier, 46, of 61 Walnut St., Batavia, is charged with endangering the welfare of a child. Berkemeier allegedly sent an inappropriate message through Facebook to a child less than 17 years old. The alleged victim is a Village of Le Roy resident and Berkemier was arrested by Le Roy PD.

Joshua J. Nilsen, 28, of Hilltop Drive, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and having an obstructed driver's view. Nilsen was stopped by Le Roy PD following a complaint of an erratic operator on South Street Road. The reported vehicle was located on Route 19 in the Village.

Law and Order: Driver charged with fleeing police, drug possession and resisting arrest

By Howard B. Owens

Rochard Joseph Tomaino, 28, of Wheatfield Street, North Tonawanda, is charged with: unlawful fleeing a police officer; speeding; no/inadequate plate lamps; obscured plate; failure to yield the right of way to emergency vehicles; aggravated unlicensed operation; failure to stop at a stop sign; reckless driving; criminal possession of a controlled substance, 7th, and resisting arrest. Tomaino was arrested following an alleged police pursuit that started in the Town of Batavia at 1:36 a.m. Saturday on Pearl Street Road, proceeded through the City of Batavia and continued back to the west, ending in the Town of Darien at the Erie County line. The Sheriff's Office was assisted by Batavia PD, State Police and the Erie County Sheriff's Office. Tomaino was jailed without bail pending his next court appearance. (Initial Report)

Cody Patrick MacNaughton, 25, of Weatherwood Lane, Rochester, is charged with unlawful possession of marijuana and registration / plate display violation. MacNaughton was stopped after allegedly being observed speeding in the Village of Bergen at 8:06 a.m. Sunday by Deputy Joseph Corona.

Carl Daniel Blackmon, 43, of Stewart Avenue, Buffalo, is charged with unlawful possession of marijuana. Blackmon was stopped for an alleged traffic violation at 2 p.m. Friday on Route 77, Pembroke, by Deputy Richard Schildwaster.

A 16-year-old resident of Mill Street, Le Roy, is charged with criminal mischief, 4th, menacing, 2nd, and harassment, 2nd. The youth was charged following a domestic incident reported at 5:30 p.m. Thursday. The youth was jailed on $500 bail.

Paul Konieczny, 51, of Harvester Avenue, Batavia, is charged with harassment, 2nd. Konieczny was arrested by Batavia PD following an investigation into a reported domestic incident at 12:21 a.m. Thursday. He was jailed on $1,000 bail.

Ryan James Wetsell, 22, of Bank Street, Batavia, is charged with unlawful possession of marijuana. Wetsell was allegedly found in possession of marijuana during a police investigation into a reported burglary at his residence.

Michael T. MacCowan, 42, of Meadow Farm North, North Chili, is charged with DWI, driving with a BAC of .08 or greater and passed red light (two counts). MacCowan was stopped at 2:20 a.m. Sunday on Clinton Street by Officer Eric Foels.

Frank L. Morrison, 34, of East Avenue, Medina, was arrested on a warrant. Morrison was arrested by a deputy and turned over to Batavia PD on a City Court warrant.

Vehicle on its side on West Main Road, Le Roy

By Howard B. Owens

A vehicle is on its side, believed with entrapment, in the area of 7061 W. Main Road, Le Roy.

Unknown injuries.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 10:49 p.m.: Extrication required. Vehicle is about 50 feet off the road.

Creation of new ZBA back on Le Roy Town Board agenda

By Raymond Coniglio

The Le Roy Zoning Board of Appeals ruling in favor of Frost Ridge Campground, may have been one of its last as a joint town/village body.

The Town Board is moving forward with plans to consider creating an independent town ZBA.

The board voted unanimously on Thursday to schedule a public hearing for 7 p.m. March 10 on proposed Local Law No. 1 of 2016. The law would establish a three-member town ZBA.

This is the second time the board has scheduled a hearing on the proposed law.

Last November, the board voted to withdraw from the 2004 intermunicipal agreement that created the joint town/village ZBA. A public hearing on a law to create a separate town ZBA was scheduled for Dec. 10, 2015.

That decision came before the ZBA could comply with Supreme Court Judge Robert Noonan’s order for it to rule on the legality of camping, concerts and related activities at Frost Ridge Campground. Interim Supreme Court Judge Mark Grisanti subsequently ordered the town to cancel its public hearing, and for the existing ZBA to conduct a hearing on Frost Ridge by Dec. 18, 2015.

The ZBA met Grisanti’s deadline by a day, and officially ruled in favor of Frost Ridge on Feb. 17.

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By Lisa Ace

Live Music Friday, February 26th, Rebel's Posse 9:30pm - 1:30am! Stop in and try our lunch specials starting at $5.99 on Monday through Friday from 11 a.m. -- 3 p.m. or our famous breakfast specials on Saturday and Sunday mornings from 8 a.m. -- 1 p.m. Join the Mooney’s Mobile VIP Club now and get $5 off your purchase of $25 or more. Text MBG3 to 51660. Plus stay tuned for more inside offers and updates. Mooney’s Sports Bar & Grill, 65 Lake St., LeRoy, NY. 585-768-4949. Click here to visit our Facebook page.

Le Roy HS presents The Addams Family

By Howard B. Owens

Le Roy High School is presenting "The Addams Family: A Musical Comedy" on March 3, 4 and 5.

Director Jacqueline McLean said:

The story is inspired as a continuation of the Addams Family from the original comic strip and TV series. In the show, Wednesday Addams has gone off to college and fallen in love with a "normal" boy. When the "normal" family comes to meet the Addams, things get out of hand. This show is full of wonderful, dark comedy and will feature all of the characters that you remember in addition to some new ones. We hope you will join us at one of three performances and get ready to be "Pulled in a New Direction!" with this quirky story.

Books are by Marshall Brickman and Rick Elice, with music and lyrics by Andrew Lippa, based on characters created by Charles Addams.

All show times are at 7 p.m. Tickets can be purchased online at leroycsd.org, in the HS main office or at the door. Tickets are $10 pre-sale and $12 at the door.

A ‘fabulous’ fourth birthday for Le Roy’s community dinner

By Raymond Coniglio

Grace’s Kitchen celebrated its fourth anniversary on Tuesday — just a week late, but in “fabulous” style.

A total of 154 guests enjoyed prime rib dinner prepared under the direction of chef and founder Selby Davis.

“We were given a large donation by a former LeRoyan who wanted us to use some of it for a fabulous meal,” Davis said.

The menu also included “Grace’s Great Green Salad,” baked potatoes and chocolate souffle cake with whipped cream and raspberries.

Grace’s Kitchen serves a free “community dinner” from 5 to 6:30 p.m. Tuesdays at the Masonic Community Center, 12 Bank St. It is sponsored by the Le Roy Christian Community Project, and supported by donations and volunteers.

There is no charge for dinner, but free-will offerings are welcomed.

Tuesday’s special prime rib dinner had been planned for Feb. 16, but was postponed because of a snowstorm.

Grace’s Kitchen was launched on Valentine’s Day 2012 — and it’s been a “work in progress” ever since, Davis said.

Clientele shrank after Grace’s Kitchen moved from its original location at Le Roy United Methodist Church to the Masonic Community Center. But eight months later, attendance is picking up again.

“We’ve served varying numbers, predominantly seniors,” Davis said. “We do a consistent number of deliveries within the village, and continue to be blessed with a stellar group of loyal volunteers.”

Davis stressed that Grace’s Kitchen welcomes the entire community — “no matter what need we may be addressing.”

“Some guests are financially grateful we are here, and others are happy for the company and friendships they have made,” she said.

Davis said there seems to be a common perception that Grace’s Kitchen exists to feed a “destitute” population. That’s not at all true, she said: Showing up for dinner, does not mean you’re taking food away from someone else.

“I assure you that we always have enough, if not an overflow,” Davis said.

Tuesday’s dinner was made a little extra special, with help from third-graders from Wolcott Street School. Betsy Overacker’s students visited earlier in the day to help set tables, drop off cards they made to accompany deliveries, and to share placemats decorated by the entire grade level. Other classes will visit on one Tuesday of each month remaining in the school year.

Top photo: Volunteers Debbie Lathan and Sue Lints serve up a meal at Grace's Kitchen.

Photos by Howard Owens.

Law and Order: Driver charged with DWI after car found stopped on Route 98

By Howard B. Owens

John Vincent Winecki, 23, of Buffalo Street, Alexander, is charged with DWI, driving with a BAC of .18 or greater and stopping/parking on highway. Winecki was arrested by Deputy Chad Cummings following an investigation into what was reported as a motor-vehicle accident at 3:37 a.m., Sunday, on Route 98 near the American Legion Hall. (Initial Report)

Ashley Michaela Stewart, 19, of E. 227 St., Bronx, is charged with second-degree assault. Stewart allegedly struck a female in the head with an iron while in a dorm room at College Village. The victim was injured. Stewart was released under supervision of Genesee Justice.

Benjamin G. Evans IV, 27, of State Street, Batavia, is charged with trespass. Evans allegedly entered the Dollar General Store after previously being banned from the premises.

Ryo Hiroshige, 21, of North Spruce Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Hiroshige was allegedly involved in a domestic incident. He was jailed on $5,000 bail.

Carissa J. Visalli, 26, of North Lyon Street, Batavia, was arrested on a warrant related to a charge of improper parking at night. Visalli turned herself in, posted $100 bail and was released.

William P. Langdon Jr., 34, of Keever Avenue, Lackwanna, is charged with DWI, moving from lane unsafely, failure to use designated lane and following too closely. Officer Arick Perkins was dispatched to Walnut Street, Batavia, at 8:37 p.m. Feb. 15 for the report of an erratic driver. A 2002 Pontiac Montana was located and stopped. Langdon was taken into custody and allegedly refused a breath test. He was jailed on $2,500 bail.

Joseph M. Durzewski, 22, of North Street, Batavia, is charged with driving while impaired by alcohol. Durzewski was stopped at 3:22 a.m. Feb. 12 on Law Street, by Officer Matthew Wojtaszczyk.

A 17-year-old resident of Batavia is charged with criminal mischief and unlawful possession of marijuana. The youth allegedly punched through a glass window at 1 City Centre, Batavia. He was jailed on $1,000 bail (name withheld by Batavia PD).

Anthony Devon Alexander, 42, of South Main Street, Batavia, is charged with aggravated family offense (more than one offense within five years), criminal contempt, 2nd, criminal trespass, 2nd. Alexander allegedly went to the home of a person he was barred from contacting by court order and stayed and refused to leave the residence at 2:05 p.m. Sunday. Alexander was jailed on $5,000 bail.

Jacob Robert Kingdollar, 20, of West Leet Road, Albion, is charged with unlawful possession of marijuana. Kingdollar was allegedly found in possession of marijuana by Deputy Kevin Forsyth while at Bunnel Park, Town of Le Roy, at 6:30 p.m. on Sunday.

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