Le Roy

Jana Pritchett, left, and Susan Wakefield, the assistant director and executive director, respectively, of Le Roy Christian Community Project are pictured at the home of the After School Program on Pleasant Street. The LCCP has launched its first-ever capital campaign with a goal of $75,000.

The end of each school day brings a fresh start for Susan Wakefield.

Every weekday afternoon, she meets a group of elementary-age students in the Wolcott Street School cafeteria. From there, they walk to the modest house at 4 Pleasant St. that is the home of the Le Roy Christian Community Project’s After School Program.

For the youngsters, it’s a place to spend time with friends, finish homework and learn new skills under the supervision of adult and teen volunteers. It’s a safe haven — with a healthy snack added for good measure.

It’s also a job, and a place, Wakefield clearly loves.

“The kids are wonderful, just amazing,” said Wakefield, who is the LCCP’s executive director. “This house is just stuffed.”

This school year brings a new challenge: The loss of a $20,000 annual foundation grant, which covered nearly 20 percent of the organization’s annual budget of $104,000.

So the LCCP in November launched its first-ever capital campaign. The goal of “Lift LCCP” is to raise $75,000 by the time the effort wraps up next March 31.

A successful campaign will guarantee support through the end of the school year, and help the organization rebuild its funding base.

Still, “Lift LCCP” is about more than dollars.

“We’re looking, yes, to raise funds,” said Jana Pritchett, assistant director. “But we also want to raise awareness.”

The Le Roy Christian Community Project was launched in 1998, with seed money provided by three local churches. It supported the after-school program for elementary students, and a Teen Night for students in grades 7-12.

The LCCP now also offers Summer Day Camp, Grace’s Kitchen, Backpack Club, Mommy & Me Playgroup, Caregiver Connection and Ladies Prayer Group.

Most of the programs are offered without charge. That may be a blessing to the community, but it’s a challenge for LCCP.

“A lot of people will say, ‘Oh, it’s LCCP — it’s free,’” Pritchett said. “They think the churches fund everything, and that’s not the reality. They do support us financially, but it’s not enough for all we do.”

Other sources of funding include grants, fundraisers and donations. 

It has been suggested LCCP introduce fees for some of its programs. Pritchett said that’s not a solution.

“A lot of our grant funding wouldn’t allow us to charge,” Pritchett said. “But if we did, probably three-quarters of our families wouldn’t be able to afford it; it just wouldn’t be in their budgets.”

Wakefield estimates the eight programs LCCP offers, serve between 300 and 500 children and adults each year. Grace’s Kitchen, a free meal program created by Selby Davis and staffed by volunteers, serves an average of 135 dinners each week at the Masonic Community Center.

“It’s not just the kids,” Wakefield said. “It’s mom and dad, and grandma — the whole family.”

Pritchett sees the LCCP as a benefit not only to the children and adults it serves directly, but to the wider community. The After School Program, for example, is an investment in Le Roy’s future.

“We help create healthy, responsible children,” Pritchett said. “Children who are going to be adults someday.”

For more information, or to make a donation online, visit www.leroychristiancommunityproject.org, or look for LCCP on Facebook at www.facebook.com/leroylccp.

LCCP is a not-for-profit organization. Donations are tax deductible.

Contact LCCP at 7 E. Main St., by phone at (585) 768-7540, or via e-mail at leroylccp@gmail.com.

Press release:

The Le Roy Police Department is attempting to determine who stole a full-size Frontier Phone Company bucket truck from the Myrtle Street area of Le Roy.  The theft was reported at 4:40 p.m. Monday evening after a lineman parked the truck in the area of 34 Myrtle St. and was conducting work on a nearby pole.

While the lineman was on a ladder at the telephone pole, an unknown suspect entered the truck and stole it.  The truck was last seen Eastbound on Myrtle Street. The truck was located at 7:03 p.m. in the City of Rochester near the Glendale and Maryland Street intersection.

The Le Roy Police are interested in locating and speaking with a person of interest described as a mid-20s, white male seen in the area of both locations wearing a blue hooded sweatshirt, white shirt and jeans and carrying a high chair.

If you have any information pertaining to this theft or this person of interest, please contact the Le Roy Police Department at 345-6350.

Joshua M. Gaudioso, of Galloway Road, Batavia, is charged with second-degree harassment and second-degree strangulation. He was arrested following a domestic incident at 7:46 p.m. on Dec. 6 wherein he allegedly strangled the victim and threatened to kill the victim along with several members of the victim's family. He was jailed without bail. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Christopher Lindsay.

James E. Wroten Jr., 49, of Central Avenue, Batavia, was arrested at 10 p.m. on Dec. 7 on Olyn Avenue following a verbal and physical argument between himself and a person who had a stay away order of protection from Wroten. It is alleged that the defendant called the protected party names and pushed a plate into her face during an argument. He was jailed without bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Ivison.

Kenneth C. Roma, 28, of South Main Street, Batavia, is charged with DWI, operating with a BAC of .08 percent or more, uninspected motor vehicle, cracked/broken windshield, and driving to the left of pavement markings (a no-passing zone). The Sheriff's Office received two calls from other motorists about the poor driving habits of the driver of a pickup truck eastbound on Route 5 in the Town of Batavia at around 10:20 p.m. on Dec. 11. The callers continued to follow the pickup and provide dispatchers with the current locations and details of when the pickup allegedly interfered with other vehicles on the roadway. Sheriff's Sgt. Ron Meides located the pickup on West Avenue in the Village of Attica with a caller's assistance. The driver indicated he was lost and did not know where he was. Meides was assisted by other members of the Sheriff's Office and two officers from the Attica Police Department. Roma was released on an appearance ticket and is to be in Alexander Town Court on Jan. 12. Sgt. Meides was assisted in the investigation and report by Sheriff's Deputy Richard Schildwaster.

Heather R. Frizol, 35, of Maple Street, Batavia, is charged with aggravated driving while intoxicated, DWI, speeding, failure to maintain lane, and passing through a red light. She was arrested following a traffic stop at 1:28 a.m. on Dec. 6 on Main Street, Batavia. Frizol was also charged as an unlicensed driver and for allegedly having an open container of alcohol in the vehicle. She is to appear in City Court on  Dec. 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Felicia DeGroot.

Richard Dean McKague Jr., 25, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana, second-degree aggravated unlicensed operation, failure to yield right-of-way to an emergency vehicle, failure to stop at a stop sign, and being an unlicensed operator. His arrest at 6:06 a.m. on Dec. 10 came after a vehicular pursuit that started in the Town of Stafford and ended in the Town of Byron. It is alleged that McKague was observed violating sections of state vehicle and traffic law and then when a traffic stop was initiated, be failed to comply. The pursuit through two townships concluded on Beaver Meadows Road and he was taken into custody without incident. A search of his person allegedly produced a small quantity of marijuana. He was jailed in lieu of $2,500 cash bail or $5,000 bond and will respond to both Stafford and Byron courts to answer the charges. The investigation was handled by Sheriff's Deputy Joseph Corona, with the assistance of Deputy Christopher Erion, Sgt. Eric Seppala, and State Police.

Jeffrey Lynn Shultz II, 21, of Walkers Corners Road, Byron, is charged with operating a motor vehicle while impaired by drugs -- first offense, driving left of pavement markings, and operating a motor vehicle without an inspection certificate. He was arrested at 1:51 p.m. on Dec. 12 on Byron Road in Byron. He is to appear in Byron Town Court on Dec. 15. The case was handled by Sheriff's Deputy Joseph Corona, assisted by Deputy Patrick Reeves.

Roger James Farney, 33, of Clayton Street, Buffalo, is charged with second-degree criminal contempt. He was arrested at 1 p.m. on Dec. 9 on West Main Street in Batavia after allegedly making derogatory statements toward a person who has an order or protection. He turned himself into Batavia PD headquarters and is to appear in City Court on Dec. 29. The case was handled by Batavia Police Officer Peter Flanagan.

Jeannine Nicole Armbrewster, 38, of Ridge Road, Medina, is charged with driving while ability impaired by drugs. She was arrested at 7:42 p.m. on Dec. 12 on Alexander Road, Alexander. The case was handled by Sheriff's Deputy Dana Richardson, assisted by Deputy Christopher Parker.

Ryan Joseph Bellinger, 25, of Route 209, Varysburg, is charged with criminal possession of a weapon in the fourth degree -- brass knuckles, unlawful possession of marijuana, and operating a motor vehicle with obstructed vision. Bellinger was arrested following a traffic stop at 10:21 p.m. on Dec. 13 on Alleghany Road, Pembroke. He was issued an appearance ticket for Pembroke Court on Jan. 21. The case was handled by Sheriff's Deputy Lonnie Nati.

Daniel C. Brinkman Sr., 55, of Mill Street, Batavia, is charged with third-degree criminal trespass. It is alleged that at 8:30 a.m. on Dec. 9, Brinkman trespassed onto CSX Railroad property (located at 100 Evans St., Batavia) after having been warned to stay off the property. He is due in City Court on Dec. 16. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Kevin DeFelice.

Jason L. McKenzie, 37, and Pamela L. McKenzie, 39, husband and wife from Pavilion, were arrested by state Troopers on Dec. 6 and charged with petit larceny for allegedly stealing items from Kohl's earlier in the week.

Kelli E. Wallace, 53, of Swan Street, Batavia, is charged with petit larceny. She was arrested at 7:20 p.m. on Dec. 7 after allegedly stealing property from Dollar General. She was issued an appearance ticket and is to appear in City Court on Dec. 15. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Michael F. Geer, 24, of Trumbull Parkway, Batavia, was arrested at 3:56 a.m. on Dec. 11 as the result of an investigation into an incident that occurred on East Main Street on Nov. 13. Geer, who is currently in county jail, was issued an appearance ticket charging him with petit larceny. He is to be in City Court on Dec. 15. The case was handled by Batavia Police Officer Eric Foels.

Robert Ernest Saari, 33, of Alleghany Road, Attica, was arrested on a bench warrant out of Batavia City Court for failing to appear at a scheduled court date. He posted bail and was released on an appearance ticket. He is to be in City Court on Dec. 22. The case was handled by Batavia Police Officer Chad Richards. 

Robert Ernest Saari, 33, of Alleghany Road, Attica, was arrested at 6:04 p.m. on Dec. 11 and charged with having insufficient tail lamps and first-degree aggravated unlicensed operation. After being pulled over for allegedly having insufficient tail lamps, it was found that the defendant's license was suspended more than 10 times on 10 dates. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin McCarthy.

Martin James Rodgers, 31, of West Main Street Road, Batavia, is charged with parole violation. As the result of a search of his residence at 10:45 p.m. on Dec. 10, is alleged that he violated parole. A court date for him has not yet been scheduled. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Carlson.

Daniel Colin Healy, 24, of North Street, Le Roy, is charged with failure to appear on a traffic summons. He turned himself into Batavia PD headquarters after being notified by mail that he had a warrant out for his arrest. He is to be in City Court on Dec. 15. The case was handled by Batavia Police Officer Jason Davis.

Zachary B. Reeves, 19, of Maine, is charged with unlawful possession of marijuana. On Dec. 12 at Route 33 and Prospect Street, Corfu, Reeves was pulled over for allegedly driving 54 in a 35-mph zone and for having a loud muffler. The patrol officer allegedly smelled marijuana in the vehicle and allegedly found marijuana residue on the passenger seat. Subsequently, the officer allegedly found a jar containing about 1 gram of marijuana as well as two glass smoking pipes and "1 false cigarette containing marijuana residue." The case was handled by Corfu PD Officer Michael Petritz, assisted by Sheriff's Deputy Lonnie Nati and Deputy Chris Erion and K-9 "Destro."

Drs. Andrea Kudel, left, and Kelly Rose Nichols are on staff and accepting new patients at Le Roy Medical Associates. The primary care practice opens today at its new location at 127 W. Main St., Le Roy.

When it was time to recruit doctors for its primary care practice in Le Roy, the University of Rochester Medical Center didn’t have to look far.

Kelly Rose Nichols, D.O., grew up in Le Roy as a member of the Stein farming family. She went to medical school in Philadelphia, but never felt comfortable in a big city.

“I grew up on a farm,” Nichols said. “I couldn’t figure out how to lock and unlock the house!

“It was about six weeks before the novelty of being able to walk everyplace wore off. I said, ‘This isn’t for me, I need to go home.’ ”

Now, she and Andrea Kudel, D.O., have joined longtime practitioner Vladimir Gaspar, M.D., in a relocated and much-expanded Le Roy Medical Associates.

The practice was formerly located on Lake Street Road. It reopens today in its new location in Le Roy Village Plaza at 127 W. Main St.

Hometown medical practice is familiar territory for Nichols, who picked her profession early in life.

“When I was 3, I had the Fisher-Price doctor kit,” she said. “I literally had no other career plan.”

When she was in high school, Nichols thought she should get some hands-on experience. As it happens, she worked for Dr. Lorne Campbell, whose Genesee Family Practice at 8745 Lake Street Road eventually became Le Roy Medical Associates.

“I would come in after school, file charts, and invite myself to exciting stuff that Dr. Campbell was doing,” Nichols said.

Nichols went on to earn a bachelor’s degree in Biology at the University of Rochester, and then her doctor of Osteopathic Medicine degree from the Philadelphia College of Osteopathic Medicine.

Kudel, meanwhile, was following a similar career path.

She grew up in Williamsville, and had decided on a medical career by second grade. (“I commit to things, and that’s it,” she said.) She earned a bachelor’s degree in Biomedical Sciences from the nearby University at Buffalo, then a doctor of Osteopathic Medicine degree from the New York College of Osteopathic Medicine in Nassau County, Long Island.

Their paths crossed during their residencies in family medicine at Sisters of Charity Hospital in Buffalo, where Kudel was chief resident.

They also formed a friendship. So earlier this year when URMC was recruiting a doctor to practice Le Roy — well, Nichols happened to know a great candidate in Buffalo.

Le Roy is a small town, but it’s minutes away from URMC and everything else Rochester offers. Kudel calls family practice here, “the best of both worlds.”

“I like getting to know people better,” said Kudel, 30, who lives with her husband in the Town of Sweden. “You know where they’re coming from; you get to understand them in a more comprehensive way.”

Nichols, 30, lives in the Village of Le Roy with her husband, Ben Nichols, and their two daughters.

“This is truly family practice,” Nichols said. “And you feel like you’re more a part of the community.”

The Le Roy primary care practice was formerly part of Lakeside Health System of Brockport. It was one of the properties sold after Lakeside closed in 2013, and renamed URMC’s Strong West.

Its growth reflects URMC’s commitment to to the region, said Dr. Wally Johnson, who directs UR Medicine Primary Care.

“These are appealing places to work, and it’s where the need is,” he said.

Johnson said Batavia has a “thriving” hospital in United Memorial Medical Center, which just this summer completed an affiliation with Rochester General Health System.

“But we know there are people in the area who want to have University of Rochester doctors as their primary care practitioners,” Johnson said. “So we think it makes very good business sense to expand our presence in the area.”

Down the road, UR may recruit another physician assistant or nurse practitioner as required in Le Roy, Johnson said.

Both Nichols and Kudel are happy with the new location, which is on one floor — and thus more handicap-accessible — and at least three times bigger than the Lake Street Road site. A new medical laboratory is on site, too.

Nichols said Dr. Gaspar has always focused on customer service. But additional exam rooms will accommodate more patients, and cut down on wait times.

“This is going to be a nice change,” Nichols said.

Le Roy Medical Associates is planning an open house for 5 to 7 p.m. Jan. 20. Meanwhile, both Nichols and Kudel are accepting new patients. For information call (585) 768-2620.

Press release:

The Village of Le Roy Police Department has been receiving increased complaints about a fox or foxes, which have been seen in multiple locations inside the Village. The Police have responded but have yet to find a fox acting sick, injured or aggressive this year.

The Le Roy Police have consulted the New York State Department of Environmental Conservation which advises that the foxes are present in the area due to three specific reasons: 1) they have located a food source nearby, possibly garbage or available dog/cat dishes, 2) they feel safe due to a lack of predators, and 3) they may have located a safe place to den or hide.

The DEC further stated that if a fox is not posing a danger to society such as acting sick/injured/aggressive or chasing a domestic animal, it is illegal to kill or trap them without the proper trapping permit. If a homeowner would like a fox trapped, there are several trappers who can be hired for a fee to the homeowner and a list can be found on the DEC Web site listed under NWCO.

Further more information can be obtained from the Internet including “www.wildlifehelp.org”

Le Roy Police ask that if a citizen sees a fox acting dangerous, sick or injured, please call 9-1-1, so that a police officer can respond and check on the fox.

UPDATE: Jeremiah Russell submitted this picture of a fox on North Street, Le Roy.

The joint Le Roy Zoning Board of Appeals will meet on Dec. 17 to conduct a public hearing on live music concerts at Frostridge Campground.

The hearing would take place a day before the deadline set last week by Interim Supreme Court Judge Mark Grisanti.

According to the public notice, Frostridge seeks an interpretation of two sections of town Zoning Code — sections 165-13 and 165-39(B) — “as they pertain to the property, particularly whether camping and attendant recreational activities, including live and recorded amplified music/concerts and limited food service are a prior non-conforming use.”

Section 165-13 establishes the legality of the prior, nonconforming use of buildings and lots. Section 165-39(B) relates to campsites: “All existing campsites of record shall be exempt from (Zoning Code), except that they shall comply with this section whenever they are sold or any addition, expansion or alteration of the use or operation is proposed.”

David and Greg Luetticke-Archbell purchased Frostridge Campground in 2008 and began having outdoor concerts in 2012. The town ZBA determined in 2013 that the concerts were a prior, nonconforming use, and thus legal under town zoning law.

Neighbors of the campsite and the Town of Le Roy both filed lawsuits alleging violations of zoning law.

This past April, Supreme Court Justice Robert C. Noonan invalidated the ZBA’s 2013 decision because the board failed to issue a proper public notice. He ordered the ZBA to schedule a new public hearing.

That hearing never took place. In November, the Town Board voted to withdraw from the intermunicipal agreement with the Village of Le Roy that established a joint ZBA and set a Dec. 10 public hearing on a law to establish a new, town-only zoning board.

The matter returned to Supreme Court where, last week, Grisanti ordered the town to cancel its Dec. 10 public hearing. He also ordered the existing ZBA to conduct a hearing on Frostridge by Dec. 18.

The ZBA hearing is scheduled for 7:30 p.m. Dec. 17 at Le Roy Town Hall, 48 Main St.

Five projects in Genesee County are receiving more than $2.1 million in state aid, the Finger Lakes Regional Economic Development Council announced.

The aid is part of $500 million awarded to the council by the Governor's Office.

From the announcement:

Buildout of major sites in Genesee County, including: $1,500,000 to the Town of Alabama to help build water infrastructure to serve the STAMP site; $920,000 total for the Genesee Valley Agri-Business Park in Batavia and the Le Roy Food and Technology Park; $750,000 for the soon-to-be built Genesee Biogas facility at the Batavia Agri-Business Park; and $500,000 to revitalize the Newberry Building in Downtown Batavia.

From the announcement:

The Finger Lakes Regional Economic Development Council (FLREDC) was named an Upstate Revitalization Initiative (URI) Best Plan Awardee for its new strategic plan, entitled “United for Success: Finger Lakes Forward.” This means the region will receive $500 million over five years, in addition to economic development funds announced through Round V of Governor Andrew M. Cuomo’s Regional Economic Development Council competition. In total, more than $2 billion in economic development resources was awarded statewide through the Upstate Revitalization Initiative and REDC competition.

“We are proud that Governor Cuomo and New York State have singled out the Finger Lakes Regional Economic Development Council as a ‘best plan awardee’ and that we will receive half a billion dollars to move the region forward,” stated Joel Seligman and Danny Wegman, co-chairs of the Finger Lakes Regional Economic Development Council. “This is recognition that Governor Cuomo believes in the Finger Lakes and is giving our region the attention it deserves. With this infusion of funding in our pockets, we are united for success and ready to move our communities forward.”

The Finger Lakes Region’s URI plan consists of three industry clusters, or pillars, that will act as the core drivers of job and output growth: optics, photonics and imaging; agriculture and food production; and next generation manufacturing and technology. 

A pair of separate investigations into the sale of prescription drugs in Le Roy has led to the arrest of two men who are accused of making sales of oxycodone and diazepam to agents of the Local Drug Task Force.

One of the suspects is 74 years old.

Arrested were James J. Wetall, 43, of Genesee Street, Le Roy, and Charles G. Scinta, 74, of Genesee Street, Le Roy.

Wetall is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He is accused of selling oxycodone on two separate occasions.

Scinta is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.

He is accused of selling diazepam on two separate occasions. 

The men were arrested by members the Local Drug Task Force and Le Roy police officers on sealed indictments.

Following arraignment in County Court, they were both released to supervision by Genesee Justice.

In addition to the murder, burglary and arson charges Kyle G. Johnson is facing following his arrest Dec. 1 in the shooting death on Selden Road, Le Roy, of Norman D. "Don" Ball, the defendant has been indicted by the Grand Jury on two counts of attempted murder.

Johnson is accused of attmepting to kill Le Roy Police Officer Ryan Young and Le Roy Fire Chief Tim Hogle when they arrived at his residence on Selden Road for the report of a house fire at 4:15 a.m.

Johnson, who is being held in the Genesee County Jail without bail, was originally arrested on a charge of reckless endangerment for allegedly firing his shotgun at the two men.

The eight-count indictment against Johnson begins with the murder in the second degree counts for the shooting death of Ball. Johnson allegedly entered Ball's home through an unlocked back door at 3:350 a.m., Dec. 1, went into his bedroom and shot Ball in the head while he slept. 

Johnson then allegedly returned to his residence and set his house on fire.

The counts against Johnson are:

• Murder in the second degree, a Class A-1 violent felony, for the alleged murder of Ball;
• Murder in the second degree, a Class A-1 violent felony, for allegedly entering Ball's house (burglary) and shooting him; 
• Arson in the third degree, a Class C felony, for allegedly starting a fire at 7324 Seldon Road;
• Burglary in the first degree, a Class B felony, for allegedly entering 7421 Selden Road, the home of Ball, with the intent to cause physical injury to another person;
• Burglary in the first degree, a Class B felony, for allegedly entering the residence of Ball with the intent to use a dangerous instrument;
• Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, officer Ryan Young, while knowing or should have reasonably known, Young was a police officer;
• Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, Timothy Hogle, while knowing or should have reasonably known Hogle was a first responder responding to an emergency call.

For previous coverage, click here.

Also indicted by this Grand Jury:

Marcus C. Kazmierczak, is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kazmierczak is accused of driving drunk July 11, in the Town of Darien, while having a prior DWI conviction within the previous 10 years.

A 58-year-old Warsaw resident is accused of leaving a cross in the lawn of a house in Le Roy with the message "RIP" written on it as part of an ongoing pattern of unwanted contact with the person who lives there.

Lawrence D. Liles, of 4400 Sage Road, Warsaw, is accused of "intentionally and for no legitimate purpose engaging in a course of conduct directed at the victim(s) while knowing or reasonably should have known that such conduct would cause material harm to the mental or emotional health of the victims and where the conduct constituted following, telephoning or initiating communication or contact with the victim(s), their family or third party."

He is charged with stalking, 4th.

The alleged conduct began around April 18 and continued until the cross incident at 6:30 a.m., Dec. 1.

He was arrested by Le Roy PD, arraigned in Le Roy Town Court and jailed on $500 bail.

Emily J. Walker, 22, of North Lyon Street, Batavia, is charged with criminal possession of a forged instrument, 3rd. Walker allegedly presented a forged doctor's note to a former employer on Nov. 20.

Thomas O. Hart, 64, of Grafton Street, Rochester, is charged with DWI and failure to stop at stop sign. Hart was involved in a single-car accident at 6:39 p.m., Saturday, on West Sweden Road, Bergen. The accident was investigated by Deputy Chad Minuto.

Joseph R. Dux, 27, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Dux was stopped by Le Roy PD on Wolcott Road at 1:40 a.m., Friday.

Nathen Edward Donald Brege, 23, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge.

Heather M. Ace, 24, of State Street Road, Batavia, was arrested for alleged failure to appear and aggravated unlicensed operation.

Timothy J. Corke II, 28, of Liberty Street, Batavia, is charged with petit larceny. Corke is accused of shoplifting at Tops market.

Dustin V. Gothard, 27, of Wolcottsville Road, Akron, was arrested on a warrant. Gothard was located by State Police in Lockport and arrested on a warrant out of City Court stemming from an alleged incident in December 2014. Gothard posted $100 cash bail and was released.

Richard Levins, 58, of Walnut Street, Batavia, is charged with deteriorated roof covering. Levins turned himself on a warrant, posted bail and was released.

Ian C. Lawlis, 35, of Central Avenue, was arrested on a warrant stemming from an overnight parking charge. Lawlis posted $100 bail and was released.

James A. Hancock, 46, of Dellinger Avenue, Batavia, is charged with robbery, 2nd, grand larceny, 4th, strangulation, 2nd, aggravated criminal contempt and assault, 3rd. The charged stem from an alleged domestic incident Dec. 1. Hancock was arrested on a warrant at an address on Lewiston Road by officers from Batavia PD and deputies from the Sheriff's Office. He was jailed without bail.

Bethani M. Dibble, 23, of Prospect Avenue, Batavia, is charged with attempted petit larceny. Dibble was arrested after an investigation into a shoplifting complaint at Tops market.

Marlek E. Holmes, 41, no permenant address, is charged with harassment, 2nd, endangering the welfare of a child, and failure to report address change. Holmes was arrested on Dec. 2 on charges stemming from an alleged incident Nov. 8 on Central Avenue. Holmes was spotted on Wood Street by a resident who contacted police. Holmes was located inside a residence with the assistance of Deputy Chris Erion and K-9 Destro and was taken into custody without incident. He was jailed without bail.

Rylie A. Day, 25, of Wyndham Road, Rochester, was arrested on a warrant for alleged failure to appear. Day was charged with aggravated unlicensed operation on May 29.

John C. Orlowski, 18, of Lake Street, Le Roy, is charged with unlawful possession of marijuana. Batavia PD responded to a residence on Spruce Street at 6:26 p.m., Wednesday, on an unrelated investigation. Orlowski was allegedly found in possession of marijuana.

Ronald L. Worthington, 45, of Buell Street, Batavia, was arrested on a warrant. He turned himself in and was released on $100 bail.

Elizabeth A. Hicks, 32, of Read Road, Batavia, is charged with possession of a hypodermic instrument. Hicks was allegedly found in possession of a hypodermic instrument during an arrest on an unrelated charge.

Jason P. Wickson, 34, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal contempt, 2nd, aggravated family offense and criminal mischief, 4th. Wickson was allegedly involved in a domestic incident at 7:59 p.m., Wednesday, on Cedar Street, Batavia. Wickson was jailed without bail.

LeRoyans gathered Saturday for the annual Community Christmas Tree lighting at the site of the former Wiss Hotel. The tree was donated by Lathan Tree Service, and is decorated with ornaments donated by community businesses, organizations and individuals.

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

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

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

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

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

For previous coverage, click here.

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

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

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

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

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

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

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

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

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

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

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

For prior coverage, click here.

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.”

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.”