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The Elba Betterment Committee hosted its annual Christmas Tree Lighting celebration last night in the village park.

Photos submitted by Kimberly Ball.

A motor-vehicle accident is reported at 1770 Indian Falls Road. 

East Pembroke fire and Mercy EMS responding. 

UPDATE 7:51 a.m.: This was originally reported as minor injury, but a crew is requested to assemble to set up a possible landing zone for Mercy Flight. 

UPDATE 8 a.m.: Mercy Flight not required. 

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.

Press release:

The Batavia Police Department is investigating a telemarketing scam where an “Officer” claiming to be a member of a Police Department in the Dominican Republic has your relative (actual relative name used) in custody. The “Officer” explains your relative is in trouble and needs court costs, legal fees, fines and hospital bills paid, before they are released from a Dominican Republic Jail or allowed to leave the country. The “Officer” then has your inconsolable “relative” placed on the phone to beg for your assistance. The “Officer” advises the only way they accept payment for the debt is with iTunes Gift Cards over the phone.

The Batavia Police Department would like to remind the community during this holiday season to be mindful of this or similar telemarketing scams. Anyone who suspects they have been contacted by this or similar “Officers” are encouraged to file a report at www.IC3.gov or contact the NYS Attorney General’s Office to make a report.

Yunn-Shan Ma will conduct the Genesee Symphony Orchestra at 4 p.m., Sunday, through a program that includes holiday music and performances by the Oakfield-Alabama School Chorus, directed by Danielle Mileham, and Lars Kirvan on cello.

The program includes Leonard Bernstein's Candide Overture, Dvorak's Silent Woods, Hayden's Cello Concerto No. 1, Rimsky-Korsakov's Selections from the Snow Maiden Suite and the Polar Express Suite, among other numbers.

Ma is one of four guest conductors this season under consideration for a permanent position as conductor of the GSO.

Tickets are $15 for adults, $7 for students, $10 for seniors and family packages are available for $35. Tickets can be purchased at the door or at GeneseeSymphony.com.

To purchase prints, 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.

Residents gathered in Austin Park this evening for an aerial photo of them forming the number 100 on the ground while they held flashlights. The photo was arranged by the Centennial Committee to help wrap up a year marking the 100th anniversary of Batavia's incorporation as a city. The photo was taken with the assistance of City fire, using the department's ladder truck.

We'll have more photos from Christmas in the City later.

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.”

A person may have suffered a leg injury in a motor-vehicle accident in the area of 215 Bloomingdale Road, Alabama.

The car reportedly struck a tree.

Alabama fire and Mercy EMS dispatched.

Press release:

“Investing in America’s infrastructure will help grow our economy and improve the day-to-day lives of Western New Yorkers,” Congressman Chris Collins said. “This bipartisan legislation makes tremendous strides in modernizing America’s transportation policy, supports good-paying jobs, and implements vital reforms to jumpstart infrastructure projects in our region.”

Several key provisions of the legislation will benefit Western New York. The bill:

· Provides certainty to states and local governments by funding highway projects for five years;

· Exempts dairy trucks from certain federal trucking weight limits, allowing them to efficiently transport their products;

· Streamlines existing regulatory requirements for transportation projects, increasing efficiency and expediting the process;

· Funds the 5340 High Density States program, which guarantees New York’s mass transit agencies access to the funding they need;

· Reauthorizes the Export-Import Bank, protecting more than 3,700 jobs in Western New York and 25 exporting small businesses in New York’s 27th District; and

· Converts the current Surface Transportation Program (STP) to a block grant program, which will provide states and local governments more flexibility in their transportation spending. Fifty percent of the program’s funding is specifically targeted toward local governments and that grows by 5 percent over the five-year span of the bill.

Full text of the legislation can be read here.

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

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

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

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

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

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

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

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

Most notably, perhaps, Glenn R. Morton was a Genesee County Judge, but in matters of public service, he was so much more than that.

Morton was a former county legislator, a former Genesee Community College trustee and a member of the GCC Foundation Board of Directors, as well as a former supervisor in the Town of Batavia. He was also active in the Lions Club and on the board of the YMCA.

The 81-year-old Morton passed away Tuesday.

A Mass of Christian Burial will be held at 9:30 a.m., Dec. 8, at St. Mary's Roman Catholic Church.

Gilmartin Funeral Home & Cremation Co. is handling arrangements.

For Morton's full obituary, click here.

Press release:

The year 2016 marks the 177th anniversary of the Genesee County Fair! 

The Genesee County Agricultural Society is pleased to announce that the 2016 Genesee County Fair will be held on July 12th – 16th. Please note that the Fair dates have changed by one week to allow the Agricultural Society to secure a top of the line midway and entertainment. This date change will enable the Fair to continue to grow into the future. 

Preparations have already begun in the planning of the 177th Genesee County Fair. The Agricultural Society welcomes the return of Midway Rides of Utica as the midway ride provider for 2016. This year, once again, admission to the Fair is only $5 per carload. Several of the popular Grandstand events will be returning this year, including the Demolition Derby, ESP Tractor Pulls & Stock Car Racing. Other returning events include the Genesee County Fair Talent Show, The Grand Parade, a classic/antique auto & farm equipment show, small fry tractor pull, 4-H livestock auction, 4-H animal exhibits and the Fair Queen Pageant.

For a complete listing of events during fair week, visit  HYPERLINK "http://www.gcfair.com" gcfair.com 

These are just some of the events happening during the 177th fair. With your help, the Agricultural Society hopes to make 2016 a memorable year for the fair by adding new and exciting events. The board of directors would like to extend a personal invitation to become a volunteer, exhibitor or a sponsor of the fair. Volunteers are needed not only during fair week, but also the weeks before and the week after the fair. Many hands make light work!

Becoming an exhibitor or a sponsor of the fair is a great way to promote your business to thousands of fairgoers that live and work in Genesee County and visit the fair every year. If you are interested in volunteering, exhibiting or becoming a sponsor of the fair, go to  HYPERLINK "http://www.gcfair.com" gcfair.com to download all of the forms and for contact information.

The Agricultural Society would like to make the 177th fair special. In order for this to happen, your help is needed! The Genesee County Agricultural Society would like to thank everyone for their continued support of the Genesee County Fair over the years!

Press release:

The Genesee County Sheriff’s Office is always receiving reports of scams that are attempted via the phone, mail or online. Scams can range from “you won the lottery” (that you didn’t even enter) to a call from someone claiming to be a relative who is in trouble with the law and needs bail (a favorite for elderly grandparents).

The common denominator for all of these scams is an eventual attempt to get the victim to send/wire money to the caller. If it’s an ID theft scam, the goal is to obtain personal information from you such as your date of birth, address, Social Security number, etc. Another commonality is the pressure to act now or loose the opportunity. This pressure can come in the form of a threat.

Today alone, we received no less than five reports of an IRS scam that is being perpetrated via phone. In this scam, the caller identifies him or herself as an IRS agent, tells the victim they owe the IRS a sum of unpaid taxes and threatens to have him/her arrested immediately if cash is not withdrawn from the bank and wired to an address the caller gives. The caller doesn’t allow any time for the victim to check the validity of the call and actually continues to verbally threaten the victim.

Today, a potential victim came to the Sheriff’s Office to report such a scam attempt. The victim had been convinced that the caller was with the IRS and that she was going to be arrested if she didn’t immediately comply. She went to her bank, withdrew over $5,000 and drove to a local retail store (as directed) where she was to wire out the money. Fortunately, she called a family member at the last minute, despite the threats not to delay, and was diverted to the Sheriff’s Office before the money was gone forever.

The IRS never attempts to collect legitimate debt over the phone or Internet. They never attempt to persuade you not to confirm the legitimacy of such a contact. While there may be a deadline involved, it is never so short as not to afford you time to check out the authenticity of the notification with the IRS using publicly listed contact numbers.

If you have doubt, if you are confused, if you feel threatened, call a trusted family member and/or the Sheriff’s Office. IRS scam attempts can be reported directly to the Treasury Inspector General for Taxation Administration at 1-800-366-4484 or via their Web site: www.tigta.gov

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

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

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

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

For the complete obituary, click here.

Previously:

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

The season opener for the Notre Dame Girls Basketball Team didn't exactly go the way Dave Pero Sr. would have liked, with a tough loss to Gates Chili, 42-33, but Pero couldn't have been prouder of his son.

Dave Perio Jr., was appointed the Gates Chili coach during the off-season, and after three years as an assistant to his father at Notre Dame, the younger Pero gets his first opportunity to run his own program.

"I've been happy for him since the day he got the job," said Pero Sr. "It's a great opportunity for him. It's his second win. He's 2-0. He's got a nice road ahead of him. Let's hope he keeps building and great things are going to happen."

Always intense on the sidelines, Pero Jr. was perhaps even a little more animated making his first appearance as a head coach in a gym where he played high school ball and helped the Lady Irish to a couple of championship seasons.

"Coming in here, seeing my brother on the other bench and my family here, and I've coached these girls on Notre Dame's team for three years, so I know every single one of them," Pero Jr. said. "I know they wanted to beat me as much as I wanted to win. I'm trying to build a program at Gates Chili, so a win at Gates is just as big for my program. I loved my time here, but unfortunately, I had to move on and I'm trying to do the best I can where I am now."

He said the win was bittersweet because he hates seeing his father lose, but he needed his girls to play winning basketball.

"My father is my mentor, one of my best friends," Pero Jr. said. "It was tough coaching against him."

Both coaches said the game was like watching twin teams battle on the hardwood.

"I teach the same things he does," Pero Jr. said. "Hard work, boxing out, diving on the floor for loose balls. Everything I know, I learned from him."

Both coaches are optimistic about their teams' prospects for 2015-16, even though they both have young teams. Pero Sr. said the loss was just a small setback. It doesn't derail the season.

"My expectations are high, even after a loss tonight," Pero Sr. said. 

One roster change that makes Notre Dame a bit younger than expected this season is the departure of Shea Norton, a 6' 2" senior who was one of the area's dominant girls basketball players last season, who decided she would rather be a cheerleader than a hoops star. It's a change of heart Pero Sr. didn't want to discuss other than to say, "We're moving on."

To purchase prints of photos, click here.

Press release:

The City of Batavia Water Department is repairing a broken water main on South Swan Street. South Swan Street will be closed to traffic from Ellicott Street to Sumner Street until repairs are completed.  

There will be a water service interruption for residents from Ellicott Street to Sumner Street. Other residents in the area may experience low water pressure or discolored water, which should return to normal once repairs are complete.