Frank Panepento serenaded shoppers with Christmas carols on his trumpet at Tops Market on Wednesday evening while volunteering with the Salvation Army for the Red Kettle Campaign.

Joining Panepento was Pauli Miano.

Below is a picture from last week that I forgot to post of local Girl Scouts and Webelos during their evening of volunteer bell ringing and Christmas carol singing.

Red Kettle volunteers are still needed. To volunteer, contact Major Robert Kurtz at (585) 861-0676 or robert.kurtz@use.salvationarmy.org.

A motor-vehicle accident with a serious injury is reported at 7372 York Road, Pavilion.

A Pavilion chief is on location. He's asking about the status of Mercy Flight.

He's reporting heavy entrapment.

Pavilion fire is dispatched.

Mutual aid from Le Roy requested.

UPDATE 12:10 a.m.: A landing zone for Mercy Flight is being established.

UPDATE 2:45 a.m.: The driver was transported to Strong Memorial Hospital by Mercy Flight. He was conscious and alert during and after an 18-minute extrication. The cause of the accident remains under investigation. Charges are possible. The name of the driver has not yet been released. The vehicle was eastbound on York Road. The driver's girlfriend was following at some distance. She lost sight of the vehicle and found it off the road about the same time residents near the crash, which included a Pavilion chief, found the accident. The truck struck and sheared off at least two trees. The vehicle was heavily damaged.

UPDATE: The driver is identified as Taylor J. Scaccia, 22, of Perry. Charges are pending. He was driving a 2008 Nissan pickup.

Le Roy Police Officer Ryan Young, left, is pictured Wednesday with Village Police Chief Christopher Hayward.

Le Roy Police Officer Ryan Young was honored by his department Wednesday, for his actions at the scene of a house fire and armed standoff Dec. 1 on Selden Road.

Village Police Chief Christopher Hayward presented Young with a Distinguished Service Award and accompanying bar during Wednesday’s Village Board meeting.

Kyle G. Johnson, 53, has been charged with murder in the shooting death of John Ball, 69. Johnson is accused of then setting his own house on fire, and firing a shotgun in the direction of responding firefighters and police officers.

None of that was clear when Young and Hayward arrived to back up Genesee County Sheriff’s deputies at the scene of the shooting shortly after 4 a.m. at Ball’s home at 7421 Selden Road.

The fire at Johnson’s house was reported minutes later. Genesee County deputies approved Young’s request to provide backup at the fire.

“I just had a feeling on my way from the homicide scene to the fire that it was too close to be a coincidence,” said Young, 27, a part-time village officer for three years.

“That’s when dispatch sent out the warning and kind of confirmed my suspicions,” he said.

Hayward continued the narrative, in a letter of commendation addressed to Young.

He said Young stopped just east of the fire scene and got out of his vehicle. Three Le Roy Fire Department vehicles passed Young on their way to the fire.

“You observed the silhouette of a person walk from the brush and point a long gun in (firefighters’) direction and fire two to three times,” Hayward said.

Firefighters quickly left the scene. As Young took cover he heard two shots being fired in his direction, and saw something pass over his left shoulder, Hayward said.

After the gunfire became a standoff, Young established a perimeter and directed residents of the neighboring home to take shelter in their basement, Hayward said.

“For the next three and a half hours you used different positions of cover — always in harm’s way — and continually called in the suspect’s location to other units at the scene,” Hayward said.

“Eventually the suspect was taken into custody,” he continued. “But I attribute the successful outcome to you and the exceptional actions you took after being fired upon.”

Johnson was arrested at 7:55 a.m. by members of the Monroe County Sheriff’s Office SWAT team. 

He entered not guilty pleas to murder, burglary, arson and attempted murder during an arraignment Tuesday in County Court. He remains in jail without bail.

Hayward also read a letter from county Sheriff Gary Maha, offering “thanks and appreciation” for Ryan’s help and for the assistance of the village police department.

“This is another fine example of cooperation and collaboration between our two agencies,” Maha wrote.

Hayward said the incident is a reminder of the hazards law enforcement officers face every working day. 

“We don’t walk out the door with a lunch pail,” Hayward said. “We walk out the door with body armor and a gun.

“I bristle when people tell me, ‘It can’t happen here,’ ” he added. “Well, it can happen here, it did happen here, and unfortunately with the society we live in today, it certainly can happen again.”

A possible structure fire is reported at 318 E. Main St., Batavia.

Heavy smoke is reported in the kitchen of Apt. #4.

The building is being evacuated.

City fire is dispatched.

UPDATE 9:40 p.m.: Electrical issue. Residents can return to their apartments.

An accident at Park Road and Oak Street has traffic backed up in every direction, including Thruway motorists trying to exit nearby. Town of Batavia and city fire crews are on scene along Mercy medics.

UPDATE 5:25 p.m.: The accident scene is nearly clear. A car coming off the Thruway turned onto Park Road and went straight. A car making a left turn from Oak Street onto Park Road struck the other vehicle. Both vehicles had air-bag deployment and both drivers were transported to UMMC for evaluation.

Photo of "Mike."

This information is from the newsletter of the Volunteers for Animals at the Genesee County Animal Shelter. They encourage everyone to give the gift of health and compassion for homeless and needy cats and dogs by donating money, food and/or supplies to the shelter. And consider bringing home a new BFF by adopting a pet today. Just in time for the holidays, you could give a forever home to a forever friend.

How "Mike" got a second chance at life and to learn what it means to be loved and cared for...

A scrawny, hairless dog was brought to the Genesee County Animal Shelter by the woman who found him lying in the road. She stopped and helped this oozing, smelly, weak dog into her car. That alone is amazing but she continued to visit him at the shelter right up to the day he was adopted about six weeks later.

"Mike" had a terrible case of mange and a skin infection. He was very underweight and bony. His skin was bright red, oozing and itching constantly. He was taken to the vet and started on medications for the mange, the infection, and the itching. He was bathed regularly and put on a special diet to gradually increase his weight.

It wasn't long before little patches of fur began to grow in. Mike gained weight and started to show interest in his surroundings and in the volunteers who cared for him. His rescuer visited at least two or three times a week. She walked him and brought him special treats. He loved visiting with her and always wanted to check her pockets to see what she had brought for him.

Mike had a bout of stomach problems and needed further treatment but within a week or so he was back to normal and enjoying his walks again. Mike's new fur came in soft and shiny and by the time he went home his coat was almost perfect. The volunteers spent a lot of time with Mike, walking and playing with him. He was always a gentleman, polite with other dogs and gentle with every person he met.

Mike's rescuer couldn't adopt him but she brought a few potential adopters to meet him. In the end it was Mike's patience and good nature that made the difference. He found his person.

There was a celebration at the shelter when Mike finally walked out the front door to go home and his rescuer was there to share the big moment along with the volunteers. What a lucky dog! How many cars must have passed Mike while he laid on the road before this wonderful, compassionate woman stopped and scooped him up off the road.

Photo of "Lucky."

How "Lucky" lucked out and found a bunch of new friends to chill with...

"Lucky" is a 14-year-old cat that was brought into the Genesee County Animal Shelter because her family had no place to live that would allow animals. She had been theirs for 14 years. They said she was a very sweet cat who loved having her belly rubbed.

Lucky was tested for FIV/FeLV, which was negative, and given her vaccines. She was not spayed so the issue was debated and volunteers consulted with a vet. She did great with the surgery. Finally, she was available for adoption.

They knew it would take a very special person to adopt this very special kitty but we were patient. Her story was posted on Facebook, which got over 2,500 views and 30 shares! They were hopeful.

After a couple of weeks, there was an opening at Petco and someone suggested Lucky go there to try her luck. They packed up her favorite bed and got her settled at Petco. With little time to settle in, someone came along and fell in love with her. They put their application in for review.

As luck would have it, the person was a resident of a local group home. The manager of the home spoke highly of the resident and she was immediately approved. No one could imagine a better place for Lucky. Word is that Lucky has settled right in and gets along great with all the residents. And best of all she is a part of their family now!

******************

So far in 2015, Volunteers for Animals have spent more than $70,000 on vet care, tests, vaccines and medications. They paid for: orthopedic surgery on a lab with a badly healed fracture; provided heartworm treatment on a sweet lab girl; covered the cost of a C-section on a mama dog who was having trouble birthing her puppies; provided dental care for a JRT with a mouthful of rotten teeth; and did treatment for possible parvo on a little pit puppy.

A local vet reached out to take over rehabilitation of a cat that had such a badly infected bite wound that they had to surgically remove part of her shoulder; she recovered and was adopted. Numerous cats and kittens came into us suffering from dehydration, diarrhea, fleas, worms, bite wounds, eat mites or infections, and upper respiratory infections.

More than 100 kittens too young to be adopted went into loving foster homes until they were big enough to be spayed and neutered prior to adoption. All of the animals adopted out of the Shelter left with vaccines, deworming and flea treatment, and were spayed/neutered. These are just some of the things donations go toward for the animals that come through the doors of the Genesee County Animal Shelter.

Last year, 523 dogs and cats were spayed and neutered. This year, they are on track to do even more. Also, they have started to provide assistance to the community for the spaying and neutering of pets. After receiving a substantial donation at the end of 2014, they started a Community Spay/Neuter Program. In partnership with local vets, they are now providing low cost spay/neuter for pets to the local community.

So far this year, more than 230 families got their cat or dog spayed/neutered thanks to the new program, as well as vaccinated against rabies and other deadly viruses.

In August, they were awarded a grant for $20,000 from the ASPCA to provide low-cost spay and neuter of dogs and cats belonging to NYS residents who receive public assistance. The grant, via a voucher system, will cover the spaying or neutering of the pet, a rabies vaccine, a distemper vaccine and deworming. They hope to help close to 250 animals with the grant. They are committed to reducing the population of “unwanted” dogs and cats in Genesee County and are asking for your help and support to continue this important work.

Volunteers For Animals is a 100-percent volunteer 501(c)(3) nonprofit organization that assists the Genesee County Animal Shelter, making possible efforts that cannot be achieved via the County’s operating budget. Your charitable gift is tax deductible and goes directly toward saving lives and providing comfort to the animals that depend on us.

To learn more and to donate, visit the Volunteers for Animals on the Web, or mail a tax-deductible contribution, payable to Volunteers for Animals, to this address: Vol.unteers for Animals, P.O. Box 1621, Batavia, NY, 14021.

Visit the shelter during visiting hours to meet potential furry companions, and to drop off much-needed cat and dog kibble, canned food, cat sand, paper towels, cleaning products, etc.

Le Roy's basketball team ran into a talented and disciplined Perry team Tuesday night, resulting in a 71-47 loss.

Perry's Autin Croll led all scorers with 25 points, missing only two field goal attempts all night and hitting a trio of threes in the first half.

For Le Roy, Tom Dunn scored 12, Canyon Roster, nine, Holden Bonnell, eight, and Jason Doomling, six.

Also in double digits for Perry were Zach Lowery, 14, and Tyler Cowie, 10.

To purchase prints, click here.

Sarah Luetticke-Archbell, 8, presents a donation of fleece blankets Tuesday to Judith Ridley, coordinator of the Le Roy Food Pantry & Help Fund. Sarah bought the blankets with funds she raised by selling homemade chocolate-chip cookies.

She may be only in third grade, but Sarah Luetticke-Archbell already has a well-developed gift — for giving.

That much was clear on Tuesday, when Sarah, 8, donated rolled fleece blankets — 37 in all — to the Le Roy Food Pantry & Help Fund.

She bought the blankets with funds she raised by selling chocolate-chip cookies during Le Roy’s Winterfest celebration on Dec. 5.

The idea was all her own, said Sarah, who attends Wolcott Street School.

“I really wanted (needy families) to get blankets for the winter so they wouldn’t get cold,” she said. “I wanted them to be warm — that’s why I got blankets instead of toys.”

Sarah is the daughter of David and Greg Luetticke-Archbell, who own Frost Ridge Campground in Le Roy.

David Luetticke-Archbell said Sarah first raised the idea for a fundraiser three months ago.

“I didn’t really grasp how strongly she felt about it,” he said. “She stuck with it.”

Sarah baked 40 cookies on her own, with a little parental help with oven temperature and timing. Sarah’s siblings — Christopher, 12, and Sophia, 9 — helped mainly by staying out of her way.

Although they did buy one of the cookies, which Sarah sold for $1 apiece at Village Hardware. She also accepted donations, and ended up raising $194.

She bought the blankets at Kmart. They were delivered Tuesday, stuffed inside an oversized, holiday-wrapped gift bag.

Judith Ridley, food pantry coordinator, was touched by Sarah’s act of generosity.

“I think this was fantastic,” Ridley said. “I think it is fantastic that she has an understanding of what it means to give, and to share with other people.

“She’s got that in her little heart right now, and it’s only going to continue to grow.”

The blankets will be given to children this winter.

“If we can match them up with children, we’ll give them out this year,” she said. “And if not, we’ll put them in storage and give them out next year.”

Ridley said the Le Roy Food Pantry & Help Fund serves about 25 families a month. It also delivers packages of food and gifts to area families every Christmas season. Ninety packages — which included gift certificates for either a turkey or ham — were delivered last Saturday.

The Food Pantry & Help Fund is open from 10 a.m. to noon Mondays through Thursdays in the basement of Town Hall, 48 Main St. It is open to residents of the Le Roy School District.

For information call (585) 768-4559.

Cindy Ball wants justice for her dead brother-in-law and his family, and that's the goal of the prosecution, said District Attorney Lawrence Friedman outside of County Court this afternoon, where Kyle G. Johson entered not guilty pleas to the murder, burglary, arson and attempted murder charges he faces.

Ball, who is married to the brother of Norman D. "Don" Ball, the man Johnson allegedly shot in the head while he slept in his bed in his Selden Road home, cried after the not-guilty plea and cried outside the courtroom.

"He (Don Ball) had four beautiful grandchildren and this man came in his house in the middle of the night and shot him," Cindy Ball said. "It's just wrong. It's so wrong. My brother-in-law had an open door policy. He helped everybody. I've known him since I was 15. I'm just totally broken and he pleads not guilty. There's proof."

There's also due process and defense attorneys are charged with ensuring the prosecution has a solid case, either through a plea bargain process or by taking the case to trial. It's every defendant's right.

"Basically, everyone pleads not guilty at arraignment," Friedman said. "That's they way it goes. Whether there would be a guilty plea, in any case, it normally doesn't happen at the time of arraignment on an indictment."

Johnson was indicted last week by a Grand Jury of Genesee County on the eight counts that include murder in the second degree. The charges stem from events on Selden Road, Le Roy, on the morning of Dec. 1, when Johnson allegedly entered the home of Don Ball through an unlocked back door, entered his bedroom and shot him. He then allegedly went back to his own house on Selden Road and set it on fire. When a Le Roy fire chief and police officer arrived on scene, Johnson allegedly fired his shotgun at them.

Friedman said his goal for the family is to "seek justice."

At this point, Johnson will continue his stay in jail without bail while his defense attorney, Public Defender Jerry Ader, prepares pre-trial motions, which Friedman will then answer, and then both attorneys and Johnson will appear in court at 9:30 a.m. Feb. 23 to argue those motions.

There may be an appearance in court by Johnson Dec. 21 on a request by Friedman to get a DNA sample from Johnson, but Ader may not contest that request, in which case there will be no appearance Dec. 21.

Johnson shuffled into court in the jail's orange jumpsuit, shackled by chains, his head down and disheveled, and said little during the short arraignment, except to acknowledge his name, agree to continue with Ader as his attorney and enter his not guilty plea.

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.

Alysan Courtney Gaebler, 38, of Soccio Street, Batavia, is charged with petit larceny. Following the investigation of a shoplifting complaint on Veteran's Memorial Drive in the Town of Batavia, Gaebler was arrested for allegedly stealing $98 worth of merchandise from a department store. She was issued an appearance ticket for Town of Batavia Court and is to appear there on Jan. 21. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Jason Saile.

Submitted photo: Park Avenue Bike Shop owner, Andy August (left), and Inventory manager Alex Oliveri (right), delivered 20 bicycles to the Genesee ARC Community Center.

Press release:

For a second year in a row, the Park Ave Bike Shop of Rochester made a Christmastime visit to Genesee ARC -- last year, with 20 bicycles, this year with 20 more!

Bike Shop owner Andy August said he enjoys playing “Santa’s helper” and that these types of deliveries are the best!

“The kids are going to love these bikes,” August said.

The bicycles are courtesy of two Rochester area donors who have befriended Genesee ARC and support its mission of serving children and adults with intellectual and developmental disabilities.

As a friend of the donors, August said, a donation of such magnitude matches their giving spirit.

“They are generous, unassuming individuals with big hearts, that just want to give back to the community,” he said.

“We are thankful the donors believe in Genesee ARC and are helping to make some Christmas wishes come true,” said Genesee ARC Director of Development Shelley Falitico. "Thanks to Andy August and Park Ave for working with us to match bicycles to recipients and for delivering this amazing donation in time for Christmas."

Three of the bicycles have been earmarked for Rainbow Preschool operated by Genesee ARC’s sister Chapter, The Arc of Orleans County. The two chapters share Donna Saskowski as executive director and are undergoing steps to eventually unify. 

”This is such a special gift to our agency and the children and adults we serve,” Falitico said. “Our donors, who prefer to be unnamed, have helped us in so many ways already, supporting agency events and funding equipment and program items from our wish list. It will be a very special Christmas for so many children, thanks to their generosity!”

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.

T.F. Brown's and the Lions Club of Batavia are teaming up again for an annual free Christmas Day dinner for members of the community who want a place to go, a traditional meal and presents for the kids.

There are two seatings Christmas Day, at noon and at 1 p.m.

Childern will be able to visit with Santa and receive a present.

For reservations, call Barb at (585) 345-1000. Barb will need to know how many people are attending and if children are attending, their names and ages.

Pictured are Tony Scalia, Rick Mancuso, Chuck Brenner and Joe Teresi.

UPDATE 8:05 p.m.: This story has been corrected to include the right address of the property to be leased from landowner Sam Scarborough, and to reflect the proper per-foot incentive price for the proposed met tower.

A Houston-based energy company would like to figure out if there's enough wind blowing through Alabama to justify building windmills around farmland, so the company is proposing erecting a temporary, 311-foot meteorological tower.

While the town has zoning code that covers wind towers and communications towers, there's no code covering meteorological, or "met," towers.

The ambiguity has delayed a decision by the town board on whether to grant a variance, through what is known as an Incentive Zoning Application, for the tower.  

An incentive application involves the company paying an annual fee for the ability to vary from the zoning law.

In this case, EDP Renewables North America, operating as Alabama Ledge Wind Farm, LLC, already agreed to pay a $5-per-foot incentive to construct a tower that exceeds the allowable height.

Over five years, that payment comes to about $18,000.

Town officials think the tower, which will be on land leased from a local farmer, Sam Scarborough, on Gorton Road, should be at least 1,000 feet from Gorton Road.

The current proposed location is 668 feet from Gorton Road.

Using a calculation pulled from the communication tower provisions of the law for setback (the distance from the road), the town is proposing an additional incentive fee of $20 per foot.

That would drive up the five-year cost of incentives to nearly $50,000.

Jim Muscato, attorney for EDP, thinks that fee is unreasonable and excessive.

"The purpose of incentives on a project is to look at what incentives are necessary to allow the project to go forward and come up with a reasonable accommodation for the impacts associated with the project," Muscato said. "What we're talking about here is a met tower where the associated impacts are fairly modest."

While Muscato believes the 1,000-foot setback, as opposed to a setback that doubles the height of the tower, or 622 feet, is excessive, he said his company is willing to go along with that setback definition if the incentive fee is reasonable. He would like the board to propose a reasonable incentive fee.

Town Board Member Kevin Fisher suggested that $20 might be reasonable, but he doesn't have an enough information to know at this point. He doesn't know what the market price might be, and he doesn't know how much of an impact the tower might have on town residents. He hasn't heard from constituents enough to know.

"I don’t think it’s fair to us to say, 'You guys should accept it because you don't have met tower regulations or zoning laws,' " Fisher said. "We didn’t have any reason for any of this stuff until you walked in the door."

Ronald Gilbert, planning board chairman, was in the audience and he reminded the board that some years ago, EDP, operating then as Horizon Energy, proposed a wind farm in Alabama, which is how the current zoning code came to be written, and it was Horizon officials who said then no zoning code covering met towers was necessary because a met tower wouldn't be part of the wind farm.

Town Attorney Mark Boylan said the conversation made him a little uncomfortable because the town is looking at establishing a requirement for incentives based on two sections of zoning code that do not deal directly with met towers. That introduces an element of an arbitrary decision.

When he hears the other attorney, he said, using words such as arbitrary and reasonable and unreasonable and he's offering a compromise, then, Boylan, said he's concerned about the potential for litigation if the applicant finds the board's decision unacceptable.

Muscato said he doesn't mean to imply his client is contemplating litigation, but then added, "I think what a court is going to assess is that a $50,000 payment over five years of a permit is either not calculable or reasonable or whether it is considered arbitrary. Even if we can't get past the thousand feet or two times the height, we're willing to talk about a more reasonable calculation that would be reasonable for what an incentive payment for a setback would be."

The town board tabled the zoning incentive application so more research can be done and they can put more thought into the request. It will be taken up again at the January meeting.

Only two residents turned out for the public hearing portion of the meeting, David Bencic and Randy Chalmers.

Bencic delivered a page-and-a-half statement that raised questions and concerns about any future wind farm in the area. Many of his questions were answered in the course of his presentation.

Chalmers' statement was much shorter.

"I'm really kind of against them (wind turbines), if you want to know my opinion," Chalmers said. "That's all I've got to say."

The Batavia Zonta Club will be sponsoring a toy drive for the Batavia YWCA on Wednesday, Dec. 16. Members of the Z club will be collecting your new, unwrapped toys curbside at the student drop-off loop at Batavia High School from 7:30 to 8 a.m.