Stories from

Safyre Terry, an 8-year-old girl from Schenectady who was badly burned and lost her family in an intentionally set fire in 2013, has received thousands of Christmas cards this year and more are coming in, including a packet of cards from Lucky Ducky Daycare in Batavia.  The 3- and 4-year-olds have been learning that Christmas isn't just about getting presents but giving as well, so they assembled a care package for Safyre for Christmas.

Photo submitted by Lucky Ducky Daycare.

Batavia/Alexander scored the first goal and the game looked like it would be a goal-trading shoot-out at the end of the first period, but Notre Dame pulled away for an 8-2 win to move to 5-0 on the season.

Notre Dame's Henrik Tolvianinen notched a hat trick.

Notre Dame had 35 shots on goal to 24 for the Ice Devils, but saves went to Batavia 27-22.

Scoring:

• Batavia, Cameron Els, with assists for Josh Hylken and Bryce D'Alba, at 14:38, period 1
• Notre Dame, Bryan Moscicki, assists Ryan Antinore and Ryan Webster, at 10:15, period 1
• Batavia, Bryce Polito, assists Jake Kasmarek, 10:02, period 1
• ND, Cameron Clark, name of player with assist not available, 8:38, period 1
• ND, Henrik Tolvianinen, assists Webster and Clark, 0:52, period 1
• ND, Clark, assists Moscicki, 4:52, period 2
• ND Hayden Chamberlin, assists Tolvianinen and Webster, 4:00, period 2
• ND, Tolvianinen, assists Webster and Clark, 11:05, period 3
• ND, Tolvianinen, assists Clark and Webster, 5:55, period 3
• ND Cole Hudson, assists Ethan Hutchins and Devin Grimshaw, 1:44, period 3

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Jackson School continued a 25-year tradition this morning with its annual Breakfast with Santa.

It's a chance for the children to come with the school on a morning that is all about fun and family, said Principal Diane Bonarigo. 

The event includes gifts, games, crafts, chance auctions, breakfast and, of course, a few minutes on Santa's lap and a whisper in his ear of what toys under the tree would most delight the children come Christmas morning.

Bonarigo said Michelle Miller, president of the parent-teachers group, deserves a great deal of credit for putting together this year's event.

More than 800 students and adults were expected to attend this year.

Donors once again filled the beds of two pickup trucks with toys for local children during the annual toy drive at Ken Barrett's Chevrolet in Batavia.  The drive his hosted every year by WBTA and benefits the Salvation Army. Pictured are Dan Fischer, owner of WBTA, and radio personality Wayne Fuller.

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. 

   Charles Scinta    James Wetall

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.

With size on the inside and guards who can hit from the perimeter, the Elba Lancers demonstrated some of what they might be able to accomplish in boys basketball in 2015-16.

The Lancers dominated archrival Notre Dame on Thursday, winning 52-40.

"The last time we came in here and beat these guys, I was a senior in high school," said new Elba's new head coach, Ciaci Zambito. "That was 10 years ago, so it means a lot to these kids. I think they've all kind of bought into the basketball program."

That program is one that uses a pressure defense to help create points on transition.

Anchored at center by 6'4", 225-pound senior Jack Hocmuth, the Lancers can dominate against most Class D teams in the paint. Scoring comes from Hocmuth, who 13 last night, and Henry Pflaumer, a junior point guard who scored 14. Senior guard Dakota Dillon added six on a pair of threes and Shane O'Halloran had seven.

"They made everything in the first quarter," said Mike Rapone, Notre Dame's head coach. "They're a good shooting team when they get their looks."

The Lancers were up 20-5 at the end of the first quarter and Notre Dame was in the midst of an 11-minute scoring drought that started when John Sutherland knocked out of the game with an ankle injury. He did not return and he's questionable over at least the next few games.

The Fighting Irish came out in the second half playing with a little more intensity and at a faster pace. They were able to pick up points in transition by getting to the basket before Elba could set its defense. That attack was slowed with C.J. Suozzi fouling out with five minutes left in the third quarter. That put the burden of being the big man leader on the floor on Nico Zambito.

"Nico did a great job, but physically he is just not as tall or as strong as John," Rapone said.

Even with the lopsided loss, there are several positives for his team, Rapone said. The team's season will depend on making shots, Rapone said. He believes the scoring will come, but Thursday's game was an example of what can happen to the Irish when the baskets don't fall.

"We just couldn't make a shot," Rapone said. "Some of these guys are pretty good perimeter shooters, but they weren't hitting tonight. Maybe it was their defense, or maybe it wasn't our night. I'm just proud how they competed for the whole game. Down 20-5, you could just pack it in, but they never did."

Zambito and Tyler Prospero each had six points for Notre Dame, with Casey Midwick and Evan Bender adding five more apiece.

Rapone describes his team this year as athletic, but small. They've got to shoot to win, getting points in transition, which will be harder if Sutherland is out for any length of time. The Irish have a team bench, with eight seniors and eight juniors on the squad.

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It's a tough time of the year for people to lose jobs, said Steve Hyde, CEO of the Genesee Economic Development Center, but there is a silver lining on the dark clouds hanging over the Quaker Muller Dairy Plant.

A large dairy processing organization is close to closing a deal to purchase 320,000-square-foot plant, which cost PepsiCo and Muller Group an estimated $200 million to build. 

"We expect it won't take long and they will employ lots of folks," Hyde said. "Probably more than Muller Quaker and it will be good for Western New York dairy farmers."

While details of the plant closing are not available, some sources indicate it won't close immediately, even so, right before Christmas is a hard time to hear you might be out of a job soon, Hyde acknowledged.

"It is a sad day, especially this time of year, and we're all very sad about it, but there is a silver lining," Hyde said.

The GCEDC is already working with the Job Bureau to find suitable replacement jobs for Muller Quaker employees, along with job search assistance and transition training, Hyde said. There may be a job fair to assist workers. Hyde noted there are a lot of local job openings right now.

While Pepsi and Muller made a substantial investment in the plant, they did so with the backing of the state and the local IDA. The state promised Pepsi/Muller some $14 million in tax credits, but those tax credits were contingent on meeting specific job creation goals.

Quaker Muller never went beyond its Phase I goals, which was a bit less than 200 jobs, Hyde said, so the company received "only a fraction" of the anticipated tax credits though Hyde did not have the exact amount of tax credits awarded immediately available.

The project was also eligible for $11 million in tax abatements related to the improvement of the former farm field, mostly in the form of a Payment in Lieu of Taxes on the increase in assessed value. Such tax abatements are not a direct subsidy but are only realized if the project is built and the property tax assessment goes up. The next owner, assuming there is one, will inherit the PILOT.

There were also federal grants that have gone into the creation of Genesee Valley Agri-Business Park that did not directly benefit Quaker Muller, but provided infrastructure, such as sewer and roads, to make the plant construction possible.

Hyde said it's impossible to say, at this point, when this dairy processing organization might complete its acquisition of the plant, but he is optimistic the deal will go through. 

UPDATE 6:15 p.m.: Empire State Development has issued the following statement: “Empire State Development will be working with the new plant owner, DFA (Dairy Farmers of America), to restart operations soon.”

UPDATE 6:20 p.m.: Assemblyman Steve Hawley said he was briefed on the plant closing last night and only recently learned of DFA's purchase plans. He's hoping DFA will rehire the displaced Muller workers. "I'm not sure what the future holds, but we're moving forward and I hope this shutdown is short term." 

UPDATE: Statement from DFA: "DFA has agreed to acquire the Muller-Quaker Dairy Plant in Batavia, NY. The acquisition is a strategic one for DFA as it is in an important milkshed for us. This facility creates multiple potential milk handling and dairy manufacturing opportunities. We are currently exploring these."

Previously: Developing: Muller Quaker plant reportedly closing

Muller Quaker Dairy apparently announced the closing of its Batavia yogurt plant today.  We have not been able to confirm that announcement with the spokeswomen for Muller Quaker.

GCEDC issued this statement a few minutes ago.

“While we are extremely disappointed about today’s announcement by Mueller Quaker Dairy, we are optimistic that the state-of-the-art manufacturing facility will continue to play a key role in the agricultural sector in our region, including remaining a major employer.

“The Genesee Agri-Business Park where the facility is located is a community asset and it continues our strategy of building and marketing sites targeting industry clusters. 

“Regardless of this announcement, we will continue to enhance the infrastructure at the Ag-Park in our efforts to bring new jobs and investment to Genesee County in the agricultural sector.

“Our immediate focus in the meantime is to do everything we can to assist the impacted employees.”

A teenage child sex abuser will spend three years in prison following his sentencing in County Court on Tuesday.

Storm U. Lang, 18, entered guilty pleas in July to two counts of sexual abuse, 1st, and a count of sexual abuse, 2nd.

Lang was sexually involved with three different victims on separate occasions when he was 17 years old. He was arrested for subjecting a 7-year-old to sexual contact in the Town of Alabama in October. In November, he also subjected a 12-year-old child to sexual contact in the Town of Alabama and a 5-year-old child to sexual contact in the Town of Bethany.

Lang will be on post-release supervision for 10 years once he's served his three years in state prison.

    Kyle Johnson

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.

One vehicle's alleged failure to yield to another led to a three-vehicle collision that included a school bus yesterday afternoon at the intersection of R. Stephen Hawley Drive and Med Tech Drive.

One person suffered a minor injury and was transported to an area hospital.

Cited was Tasha L. Wiltberger, 25, of Buell Street, Batavia. She was also the person injured in the crash.

Wiltberger reportedly stopped at a stop sign facing north from Med Tech Drive while a car driven by Joshua E. McKinsey, 23, of Prestige Crossing, Batavia, was on Hawley Drive.

Wittberger allegedly pulled out in front of McKinsey's vehicle. The two vehicles collided and McKinsey's vehicle then struck a school bus that was stopped at the stop sign on College Road.  

There were a bus driver and eight students, ages 15 to 18, on the school bus.

The accident was reported at 1:06 p.m.

The accident was investigated by Deputy Rachel Diehl.

Jose Maria Agustin, 41, of Oak Orchard Road, Elba, is charged with criminal possession of a forged instrument, 2nd, and sex offender failure to notify change of address to another state within 10 days. Agustin was arrested following a raid at 6274 Oak Orchard Road, Elba, by members of the Sheriff's Office and Homeland Security. Agustin was found in possession of two allegedly forged instruments and he allegedly failed to notify the Department of Criminal Justice Services of his change of address from another state. He was jailed without bail.

James Cameron Lonergan, 38, of Pries Avenue, Buffalo, is charged with moving from lane unsafely, leaving the scene of a property damage accident, DWI, and driving with a BAC of .08 or greater. Lonergan was allegedly driving drunk when involved in a property damage accident at 12:38 a.m. Tuesday on West Main Street Road, Batavia. The accident was investigated by Deputy Andrew Hale.

What started out as a daily special has become a daily staple at Settler's Restaurant -- Mac and Cheese.

"We'd see it around other places and thought we would give it a try," said John Spyropoulos. "People love mac and cheese these days. It's kind of a fad. We tried it and people loved it."

The eight-item special mac and cheese menu will be incorporated into the restaurant's regular menu next month, Spyropoulos said. 

"We're already known for our homemade soups and our Greek salads, so if this becomes one more thing we're known for, that's good," Spyropoulos said.

The choices on the menu are:

• Homemade Mac and Cheese
• Buffalo Chicken Mac and Cheese
• Philly Steak Mac and Cheese
• Tomato and Bacon Mac and Cheese
• All-American Mac and Cheese
• Broccoli Mac and Cheese
• Hot Dog Mac and Cheese
• Stinger Mac and Cheese

Settler's regulars might detect a theme to the menu -- the options match many of the recipes on the restaurant's sandwich menu.

John's wife, Miranda, created the cheese sauce (milk, cheddar and American cheese, white pepper and garlic powder), but what really tops off the huge bowl of elbow noodles is the Ritz-cracker crumb topping.

"Now we have to make cheese sauce all the time," Miranda said. "We’re going through gallons and gallons of milk and butter."

Press release:

Byron-Bergen Central School District continues to value that our most important priority is keeping our students and staff safe,” said District Superintendent Casey Kosiorek. To that end, the District has added the New York State Sheriff’s Association (NYSSA) Rapid Responder® Program to their crisis management and emergency preparedness plans.

The new program uses cutting-edge technology to give school personnel and all first responders immediate access to emergency response information, enabling clear communication and quick, coordinated action. 

Rapid Responder is an all-hazards site-based crisis management system that is used in schools nationwide and Canada. The system brings school officials and first responders from diverse agencies together on a single digital platform, giving everyone instant access to site-specific emergency response information, including floor plans, aerial views, hazardous material locations, utility shut-off information, evacuation plans, and live camera feeds.

Byron-Bergen CSD Director of Facilities Michael List said, “We are expanding the dialogue between the District and responders from local law enforcement, fire and medical departments. We have already found areas for improvement that will enable responders to better handle many emergency scenarios in our schools. The new Rapid Responder system helps make that possible.”

List added, “We recently completed detailed site visits and are now reviewing all the data. The next step in implementation will be training and drills with local responders based on different emergency and daily security situations to test all portions of the system.”

Implementation of the Rapid Responder Program is part of the District’s solid commitment to safety and security in the schools. Current security for the District includes a comprehensive visitor management system, Raptor®, in all three schools and the District Office, which is used for visitor background checks, as well as for generating ID badges. A large security camera system oversees buildings and grounds, and will now be tied into Rapid Responder using their capability to integrate IP-based cameras. The District also recently welcomed School Resource Officer Matt Butler to the staff.  

“In a world of seemingly increased violent incidents, we are proud to put an additional measure in place to ensure everyone’s safety,” Kosiorek said. “I want to thank our team — Mike List, Transportation coordinator Drew Doll, School Business official William Snyder, the building principals, and Deputy Butler for all their work with the overall safety of the organization, and most recently with the implementation of the NYSSA Rapid Responder Program.”

Rapid Responder (http://www.preparedresponse.com/New-York-Sheriffs-Rapid-Responder-Program.html) is currently deployed in over 16,000 facilities nationwide and is SAFETY Act Certified by the U.S. Department of Homeland Security.

Caption: The administrative team at Byron-Bergen CSD begins work on implementation of the new Rapid Responder system. Standing (l-r) Jr./Sr. High School Interim Principal Patrick McGee, Superintendent Casey Kosiorek, and Elementary School Principal Brian Meister. Sitting (l-r) Transportation Director Drew Doll, School Resource Officer Matt Butler, and Director of Facilities Mike List.

After making runs at sectional titles each of the past four years, the three girls who helped make those teams contenders -- Tiara Filbert, Sam Cecere and Maddie McCulley -- are all seniors, and if they are going to turn 2015-16 into a championship season, Head Coach Marty Hein knows they can't turn it alone.

That's where sisters Taylor Stefaniak, a sophomore, and Ryann Stefanik, a freshman, come in. They're young for starters, but Taylor brings confidence and maturity gleaned from half-season as a starter last year, and Ryann is simply fearless.

"The seniors have those girls' backs," Hein said. "We know that if we want to make a deep run this year that those two sisters are a big key to it."

The Lady Devils are 2-1 on the young season after a 56-36 win over Brighton at home Tuesday night. McCulley led the way with 17 points, including sinking a trio of threes, Cecere had 15 and Filbert scored 14. Ryann Stefaniak added eight.

Any championship trail probably runs through Mendon, and it was in Mendon that Batavia suffered its lone defeat last year 50-63. There, Hein said, the team showed it still has some work to do coming together as a unit.

Ryann's youth showed a bit, he said, but that's no different than what it was for Taylor early last year and McCulley when she was a freshman.  

"It's a building process, so hopefully we'll get in the right spot by the end of the year," Hein said.

Ryann won a starting job coming out of preseason because that fearlessness is what enables her to compete at this level.

"That's why she's here," Hein said. "She's a ninth-grader. She can handle the ball. She can shoot the ball. She's not afraid to go up, so this was a huge game for her to bounce back from the Mendon game."

Still, what makes this team is that very special trio of seniors, whom Hein has coached since they were young girls. Even at this point of the year, Hein admits to getting a little misty-eyed realizing this is the last run he'll have with Filbert, Cecere and McCulley.

"I've had them for so many games through summer, spring, the regular season, the whole cohesiveness between them and the rest of the girls, they're the glue," Hein said. "They hold it all together."

Filbert plays at a whole other level, with skill and basketball IQ to create scoring opportunities and disrupt the offensive flow of opponents, and as Hein noted, "she's a highlight reel at any given point."

Filbert, Cecere, McCulley and the two Stefanik sisters -- five girls in Batavia who are likely to make the 2015-16 pretty entertaining.

The next play at home at 7 p.m. tomorrow.

In photos: Ryan, #3; Filbert, #22; Taylor #23; Cecere, #30; McCulley, #42.

To purchase prints of photos, click here.

Press release:

The third-annual Reading Celebration at Byron-Bergen Elementary School got off to rollicking start with a farmyard-themed event on Nov. 20. Students were in the mood, wearing straw cowboy hats, overalls, and bandannas. Teachers dressed as cows, pigs, and singing farmhands hit the stage to build excitement for the challenge ahead: reading 25,000 books (almost 50 per student) before the end of the school year.

Students have consistently surpassed their reading goals since the challenge began in 2013; last year beating their target of 20,000 books by almost 4,000.

“Reading really is fun. We want kids to enjoy it and develop the reading habit now while they are young,” said Principal Brian Meister. “The motivation this year is the promise of a very special farm-themed reward in June. We’ll make all their hard work pay off in an event to remember.”

The assembly kicked off with Byron-Bergen parent Alyson Tardy, her backup teacher/singers and the student population singing and dancing to “Read a Book” — a special version of Taylor Swift’s song “Shake It Off.” Then Assistant Principal Amanda Cook played the starring role in a skit based on “Little Pig Joins the Band,” a favorite children’s book by David Hyde Costello.

Things got even more boisterous with an enthusiastic gameshow version of Pictionary, with students trying to guess which favorite books were being represented by teacher-drawn pictures. The festive atmosphere continued with a colorful quartet of Book Fairies (more enthusiastic teachers) who awarded a free book to one child from each class. 

Top photo: Reading is fun at Byron-Bergen Elementary School and a new book makes the day complete for student Mace Tyson.

Byron-Bergen Elementary School teachers perform “Read a Book,” with a little help from the audience of young readers. 

Assistant Principal Amanda Cook puts on a pig nose to lead the band and advance the celebration of reading at Byron-Bergen Elementary.

The Byron-Bergen Book Fairies made sure that outstanding representatives from each class got their very own new book.

Byron-Bergen student Gianni Ferrara is already well on the way to making sure the goal of reading 25,000 books is reached.

H.E. Turner & Co., along with Bohm-Calarco-Smith and Burdett & Sanford, held their annual candlelight rememberance service at Northgate Free Methodist Church in Batavia on Monday evening.

    Lawrence Liles

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.