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Community Christmas at Red Osier brighter and more popular each year

By Howard B. Owens
red-osier-community-christmas-2023

Every year, year by year, there are more Christmas lights at the Red Osier Landmark Restaurant in Stafford, and the annual Community Christmas night keeps getting bigger, too.

This year, owners Steve Foster and Tim Adams hosted vendors in the four dining rooms, which Foster thinks helped increase attendance.  

That was good news for Santa and Mrs. Claus, who had a busy night collecting Christmas wishes from visiting children.  The line to visit Mr. and Mrs. Claus snaked through all four dining rooms.

"It's a lot of work, but I just love doing it," Adams said. "I love doing all of it. I really don't know what else to say. I just love it. The kids love it. When you see the kids enjoying it, walking through it, that is really what makes it meaningful to me, that they have a place to see this because there is not really any place around here that does this any more."

The Christmas lights are Tim's thing, Steve said.  Each year, Adams adds on and the light display gets bigger and bigger.

"We love Christmas," Foster said. "We love putting up the lights.  We counted 3.5 million lights three years ago, but we stopped counting, so it's got to be well over four million at this point. Tim thinks he has a budget, but there's no budget. It's basically unlimited when it comes to Christmas."

When it comes to traffic, there's a lot of it, so the Stafford Volunteer Fire Department assists, and employees donate their time for Community Christmas night. The night is free for community members who visit unless they want to buy something from the vendors.

Adams said it takes him six weeks to get the Christmas light displays set up.

"I've always liked decorating for Christmas, so ever since we've purchased this place, I've kind of made it my goal to do a little something more every year," Adams said.  "The best part about the whole thing is it doesn't cost anybody anything to come here and look at the lights."

Photos by Howard Owens.

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Steve Foster and Tim Adams, owners of Red Osier Landmark Restaurant.
Photo by Howard Owens.
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House fire reported on North Street in Le Roy

By Howard B. Owens
26 north street fire le roy

A house fire is reported at 26 North St., Le Roy.

The caller reported the fire and hung up without providing more information.

Le Roy Fire, City Fire, Bergen Fire, Pavilion Fire, and Le Roy Ambulance dispatched.

UPDATE 6:47 p.m.: All occupants are out of the house. Stafford and the Town of Batavia also responded. The fire reportedly started on the first floor and climbed through the wall into the attic.  There is heavy smoke damage.

Photos by Howard Owens

26 north street fire le roy
26 north street fire le roy
26 north street fire le roy
26 north street fire le roy

Seneca Nation sues Wildlife Service over approval of STAMP pipeline

By Howard B. Owens

Asserting rights over the Iroquois National Wildlife Refuge, the Tonawanda Seneca Nation has filed a lawsuit against the federal government in U.S. District Court over the U.S. Fish and Wildlife Service’s approval of a right of way for an industrial wastewater pipeline through the Iroquois National Wildlife Refuge.

The lawsuit asserts that the Nation has standing to sue because the refuge is historically and culturally interrelated with the Nation's ancestral territory, even though it is outside the boundaries of the Tonawanda Indian Reservation. 

The pipeline, which received approval from both the Fish and Wildlife Service and the NYS Department of Environmental Conservation, is intended to move wastewater from WNY STAMP in the Town of Alabama to the north. 

Orleans County, despite previous approvals within its jurisdiction, has also sued to stop the pipeline.

The Genesee County Economic Development Center, developers of STAMP, are not named in the Nation's lawsuit.

An official with GCEDC did not immediately respond to a request for comment.

The Nation is claiming that the pipeline approval violates the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, the National Environmental Policy Act, and the National Historic Preservation Act.

The pipeline is not compatible, under terms of the law, with the purpose of the refuge, the suit claims.

The suit asserts that the Wildlife Service violated these laws granting approval for construction of the pipeline and seeks injunctive relief, which would mean stopping further construction of the forced main.

"Consultation with an Indian Nation must occur regarding sites with 'religious and cultural significance' that are off tribal lands, and federal regulations instruct agencies to consider that historic properties of religious and cultural significance are often located on ancestral or ceded lands," the suit claims.


NOTE: The lawsuit is 82 pages long. This story is a summary of key points of the suit. To read the full document, click here (pdf)


The Nation claims that a 19,000-acre area that includes the Refuge, the Tonawanda Wildlife Management Area, the John White Wildlife Management Area and the Tonawanda Seneca Nation Reservation Territory from the Tonawanda Iroquois Oak Orchard Wetlands Complex, an area the nation is claiming is important to the Senecas for cultural and historic purposes.

"This relatively undeveloped corridor protects the culturally significant plants, animals, land, and water resources that are essential to Tonawanda Seneca traditional cultural practices and beliefs," the suit states.

The suit asserts the Nation wasn't afforded its right, under Federal law, to participate in the pipeline approval process.

"The Nation retains the right to practice its culture, religion and traditional lifeways within its ancestral Territory, both inside and outside its Reservation boundaries," the suit states, adding, "Cultural resources and historic properties of importance to the Nation are located on the Iroquois National Wildlife Refuge, based on traditional cultural knowledge of the Tonawanda Seneca Nation and as confirmed by the Fish & Wildlife Service’s 1992 survey of the entire Refuge."

The Nation will be harmed if construction of the pipeline is allowed to continue, according to the suit.

"Construction and operation of the industrial wastewater and treated sewage pipeline through the Iroquois National Wildlife Refuge will harm Nation citizens and their enjoyment of the Refuge, as well as the Nation’s cultural resources, which include both historical and archaeological resources and wildlife, plant, and water resources in their ancestral territory in Western New York."

The suit claims the wastewater treatment facility that will be connected to the pipeline will lead to noise, traffic, odors, vibrations, light, air, and water pollution, and that it will "negatively affect the Nation’s lands, waters, environment, cultural resources, and places of religious and cultural significance."

The suit claims that the Nation previously communicated its rights under the law to GCEDC in a letter in 2016:

The Nation’s sovereign right to its territory, including the natural resources of the territory, is protected by federal treaty. The Nation has federal reserved water rights attached to our territory and the STAMP project lies entirely in Seneca aboriginal land. Waters, including streams and wetlands, span the boundary between the STAMP site and the Nation. From time immemorial, our people have used and occupied the forests, streams and wetlands of the Nation’s territory, including those directly adjacent to the STAMP site. Fish, birds, deer and other wildlife pass freely through this area and many trees and plants, including medicinal plants, grow there. All of these are an integral part of the natural world that we give thanks and acknowledge every day as Haudenosaunee with the words given to us by the Peacemaker.

Previously, and primarily in response to the Orleans County lawsuit, GCEDC CEO Steve Hyde said he is not concerned about the legal challenges facing STAMP.

From The Batavian's prior coverage:

The northern route for the sewer line, he said, is the most environmentally sound option, which is why the route was recommended by the Department of Environmental Conservation.

"If you look at the reality of what we're dealing with, in that case, that particular situation, it is DEC permitted," Hyde said. "They spent three years reviewing the plans. The DEC directed us to put the flow there because it was the best place for the care of that water body versus where we were looking as an option in Genesee County. It would have been more environmentally challenging than to do it in Genesee, and that was the reason they selected that area. There was careful study by the authority that has the responsibility for maintaining and protecting our environment. And they issued the permit. And that permit is far more stringent than what the Medina Wastewater Treatment Plant is currently operating under because they're grandfathered. 

"So when I look at the challenges that are before us and presented, it's procedural things, and with procedural things, there are always ways to find solutions. So I am not at all concerned about proceeding, because it's a long pathway to do all this stuff anyway. And at the end of it, by proceeding, we're going to enjoy greater economic vibrancy here in this region."

Previously:

Alexander scores 104 points in win over Lyndonville

By Howard B. Owens
alexander basketball

Alexander had an easy time of it against Lyndonville on Monday, netting the Trojans their second win of the season, 104-18.

Scoring:

  • Trent Woods, 12 points, 10 assists, two rebounds.
  • King Woods, 14 points, four assists and two rebounds.
  • Dylan Pohl, 17 points and eight rebounds.
  • Anthony Pellegrino, 14 points (four three-pointers)

Also on Monday, Oakfield-Alabama beat Barker, 64-44.

Photos by Pete Welker.

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alexander basketball
alexander basketball
alexander basketball
alexander basketball
alexander basketball
alexander basketball

Law and Order: Batavia man accused of using handgun to threaten another person, resisting arrest

By Howard B. Owens
John A. Cabrera
John A. Cabrera

John A. Cabrera, 56, of Batavia, is charged with criminal possession of a weapon 3rd, menacing 2nd, resisting arrest, obstructing governmental administration 2nd,  harassment 2nd, and promoting prison contraband 1st. Cabrera is accused of threatening another person with a handgun during a fight on Washington Avenue, Batavia, on Nov. 24. He is accused of fighting with police when they attempted to take him into custody. While being booked at the Genesee County Jail, Cabrera was allegedly found in possession of contraband. He was arraigned and released.

Shawna L. Lamont, 34, of Perry, is charged with bail jumping 2nd. Lamont is accused of missing a court date after being released on a charge of criminal possession of a controlled substance 5th. She was arraigned in City Court and released.

Benjamin G. Evans, 35, of Batavia, was arrested on three warrants on Nov. 28. Two of the warrants are related to incidents where Evans allegedly stole packages from porches. The other is related to a trespassing complaint on Swan Street on Sept. 19. Evans was arraigned and released. 

James L. Dart, 70, of Batavia, is charged with harassment 2nd. Dart is accused of spitting on another person during a fight on Tracy Avenue on Nov. 27. He was issued an appearance ticket.

Carla L. Spikes, 33, of Batavia, is charged with harassment 2nd. Spikes is accused of punching another person in the face during a fight on Hutchins Street, Batavia, on Nov. 18. She was issued an appearance ticket.

Trevon L. Armstrong, 38, of Batavia, is charged with criminal mischief 4th. Armstrong is accused of damaging a window at a residence on Denio Street on Nov. 16. He was issued an appearance ticket.

Haley M. Larnder, 24, of Batavia, is charged with two counts of bail jumping 3rd. The charges stem from two separate cases where Larnder is accused of criminal possession of a controlled substance 7th. She allegedly failed to appear in court as ordered. She was released on an appearance ticket.

Daniel N. McDaid, 40, of Tonawanda, and April J. Conley, 39, of Lewiston, are charged with criminal possession of a controlled substance 7th. McDaid and Conley were charged following a traffic stop on Ross Street by a Batavia patrol officer. They were allegedly found in possession of narcotics. Conley was additionally charged with Tampering with Physical Evidence. She allegedly attempted to hide evidence. Both were issued appearance tickets.

Allyson P. Lawrence, 29, of Batavia, is charged with criminal possession of a controlled substance 7th. Lawrence was allegedly found in possession of narcotics on Nov. 26 while being arrested on an unrelated warrant. Lawrence was arraigned and released.

Alex P. Brasky, 32, of Batavia, is charged with DWI. Braskey was stopped by a Batavia patrol officer on Nov. 22 on South Jackson Street, Batavia. He was arraigned and released.

Russell H. Blumer, 51, of Batavia, is charged with endangering the welfare of a child and harassment 2nd. Blumer is accused of punching another person during a fight on Thorp Street on Nov. 12 while a child was present. He was arraigned and released.

Jerome W. Amesbury, 58, of Batavia, was arrested on Nov. 26 on a warrant. The warrant stems from a traffic stop on Ellicott Street on June 23, which led to a charge of aggravated unlicensed operation 3rd and several traffic violations. Amesbury is accused of failure to appear in court as ordered. He was arraigned and released.

Trevawn O. Wright, 23, of Le Roy. Wright was arrested on a warrant on Nov. 23. Wright was initially charged on Aug. 13 with aggravated unlicensed operation 2nd after he was involved in a traffic accident on South Main Street, Batavia. The warrant was issued after he failed to appear in court. He was arraigned in and released.

Jonathan W. Dodson, Jr., 37, of Holley, is charged with forcible touching and sexual abuse 3rd. Dodson was arrested by State Police in connection with an incident reported at 9:30 a.m. on Dec. 1 in the Town of Elba. He was issued an appearance ticket. No further information was released.

Mark P. Heale, 55, of Bethany, is charged with torture/injury/not feed an animal. Heale was arrested by State Police in connection with a report taken at 2:14 p.m. on Nov. 21 in the Town of Bethany. He was issued an appearance ticket.  No further information was released.

Susan Ann Samanka, 60, of West Main Street, Batavia, was charged on Dec. 4 with sex offender failure to appear for photo. Samanka is accused of failing to report to the Genesee County Sheriff's Office as required for a photo as a registered sex offender by the required date. Samanka was held pending arraignment.

Joe Andrew Cortez, 41, of Park Road, Batavia, is charged with criminal contempt 2nd. Cortez is accused of violating a stay-away order of protection at 12:43 p.m. on Nov. 23. Cortez was issued an appearance ticket.

Michael Robert Hawkins, 27, of Route 98, Attica, is charged with criminal possession of a controlled substance 3rd, speed not reasonable and prudent, and moving from lane unsafely. Hawkins was reportedly involved in a traffic accident on Simonds Road, Darien, at 11:51 a.m. on Dec. 1. During the investigation, Deputy Stephen Smith determined Hawkins was allegedly in possession of a large quantity of controlled substances. Hawkins was held pending arraignment.

City Hall video shows vehicle hitting Wendy's building on Friday

By Howard B. Owens
Remote video URL

There were no injuries on Friday afternoon after a car jumped a curb, struck a truck on Jefferson Avenue in Batavia and then turned sharply to its right and headed straight for the Wendy's building.

Sgt. Dan Coffey, Batavia PD, said it appeared that the driver mistakenly pressed the accelerator pedal instead of the brake pedal as the vehicle attempted to enter a parking space.

The vehicle struck a construction truck, a street sign, a pickup truck and then the Wendy's building.

There were no citations issued.

A camera mounted on City Hall captured the incident.

Annual 'Shop with a Cop' announced for Saturday

By Howard B. Owens
shop with a cop 2021
File photo from Shop with a Cop in 2021
Photo by Howard Owens

Press release:

The City of Batavia Police Department, Genesee County Sheriff's Office, and the Le Roy Police Department are preparing for the Ninth Annual “Shop with a Cop” event.  

The event will take place Saturday, Dec. 9 at Walmart located at 4133 Veterans Memorial Drive in Batavia. 

For those not familiar with the event, local children -- with the help of school resource officers and school officials from each school in Genesee County are selected to participate.  Children are provided funds and their own personal police officer/deputy to accompany them on a Christmas shopping trip at our local Walmart.  

Walmart graciously hosts and staffs the event.  Walmart also provides funding and goody bags for each child.

Grant money from Walmart, donations from the City of Batavia Police Benevolent Association, City of Batavia Civil Employee’s Association (CSEA), the City’s “Jeans for Friday” program, and the Genesee County Sheriff’s Employee Association make this event possible.  

All the participating agencies want to thank everyone in advance, especially during this time of the year, as it is an event that we are grateful to be able to participate in and provide for our community. In the past, community members/businesses have inquired about donating to the cause.  Donations can be brought to 10 W. Main St. Batavia N.Y. (Attn Detective DeFreze) or 165 Park Rd. Batavia N.Y. (Attn Sgt. Sanfratello).  Donations can also be mailed to P.O. Box 299 Batavia, N.Y. 14020 (Batavia PD) or P.O. Box 249 Batavia, N.Y. 14020 (Genesee County Sheriff’s Office).  Donations will allow more children to participate, or potentially increase the amount each child is provided, and lessen other costs associated with the event.  Any excess funds will be designated for the following year's event.  As of this writing, there are sufficient funds to cover this year’s event.  

We graciously ask that you keep us in mind next year!

Crossroads House lights first Remembrance Christmas Tree at Eli Fish

By Howard B. Owens
crossroads christmas tree

Supporters of Crossroads House were invited to hang an ornament on a Christmas tree to display at Eli Fish for the holiday season, with the tree being lit in a ceremony at the tavern in Batavia on Saturday.

Pinecone ornaments cost $25 each, and Crossroads was able to raise $2,500 to support its operations.

"Our memorial cones are all personalized with a person's name," said Debbie Paine, who chaired the fundraising effort and is secretary of the board of directors. "There are some that honor volunteers or whatever somebody felt that they wanted to buy and remember somebody for. It's a holiday fundraiser that first allows people to memorialize someone and also brings together our community."

This is a first-year event for Crossroads House, which provides hospice care at no cost to people in their final stages of life in Genesee County.

Photos by Howard Owens

crossroads christmas tree
crossroads christmas tree

Photos: Winterfest in Le Roy

By Howard B. Owens
le roy winterfest
Addison Scofield visits with Santa at the Moose Lodge in Le Roy on Saturday.
Photo by Howard Owens.

A few shots from Winterfest in Le Roy on Saturday.

Photos by Howard Owens.

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le roy winterfest

Chambry's 41 points leads Byron-Bergen to tournament win in Warsaw

By Howard B. Owens
byron bergen basketball

Byron-Bergen is the 31st winner of the Warsaw Kiwanis Tip-Off Tournament after beating Filmore on Saturday 80-54.

For the Bees, Braedyn Chambry had a big night, scoring 41 points. Brody Baubie scored 22 points. 

Photos by  Jennifer DiQuattro.

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byron bergen basketball

Warsaw beats Pavilion in tournament game

By Howard B. Owens
pavilion basketball

Pavilion dropped the afternoon consolation game in the 31st Annual Warsaw Kiwanis Tip-Off Tournament on Saturday, losing to Warsaw, 82-54.

Case Cummins scored 19 points for the Golden Gophers. Landan Stoddard scored 10 points.

Photos by  Jennifer DiQuattro.

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pavilion basketball
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pavilion basketball
pavilion basketball
pavilion basketball

Accident reported at Oak and Park, Batavia

By Howard B. Owens

A two-car accident is reported, unknown injuries, at Oak Street and Park Road, Batavia.

Traffic is blocked.

City Fire and Mercy EMS dispatched.

UPDATE 3:11 p.m.: City Fire command reports minor, if any, injuries.

Elba wins Hall of Fame Tournament in Wayland-Cohocton

By Howard B. Owens
elba basketball

Elba won the Rich Martello Hall of Fame Tournament in Wayland-Cohocton on Saturday, beating Wayland 41-35.

Mike Long was named the tournament MVP.

He scored 12 points in the final.

Nicholas Scott and Ryan Marsceill scored nine each, and Ashton Bezon scored seven.

Martello was a member of the Wayland-Cohocton faculty for 34 years. He was boys varsity basketball coach from 1971 to 1975 and athletic director from 1976 to 1997. He coached track and field for 32 years. He's been inducted into the Section V Track and Field Hall of Fame, the Wayland-Cohocton Hall of Fame, and the Mount Morris Hall of Fame.

Photos by Doug McFarland.

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elba basketball
elba basketball
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elba basketball

Byron-Bergen advances in Warsaw season-opening tournament with 63-47 win over Pavilion

By Howard B. Owens
byron bergen basketball pavilion

Byron-Bergen beat Pavilion 63-47 in the 31st Annual Warsaw Kiwanis Tip-Off Tournament on Friday night.

For the Bees, Brody Baubie scored 19 points and had 12 rebounds.  Colin Martin, 12 points and five steals. Bradyn Chambry scored nine points and snagged nine rebounds.

The Golden Gophers will play Warsaw in the consolation game today (Saturday) at 5:30 p.m.  Byron-Bergen will face off against Fillmore in the finals at 7 p.m. at Warsaw High School.

byron bergen basketball pavilion
byron bergen basketball pavilion
byron bergen basketball pavilion
byron bergen basketball pavilion
byron bergen basketball pavilion
byron bergen basketball pavilion
byron bergen basketball pavilion

A passion for Catholic education, dedication to children highlighted in award for Zickls

By Howard B. Owens
zickl heath and humanitarian award
Robert Zickl, Robert Balbick, and Mary Ellen Zickl.
Photo by Howard Owens.

The dedication of Robert and Mary Ellen Zickl to the children of Genesee County is a big reason the Batavia couple was honored on Friday at Terry Hills by The Jerome Foundation with the 38th Health and Humanitarian Award.

Besides taking children in need into their home for long and short stays, the Zickls have been advocates and supporters of Catholic education. Mary Ellen is also the founder of All Babies Cherished.

The couple has volunteered their time at both St. Joseph School and Notre Dame High School.  Bob currently serves on the ND Board of Directors and St. Joseph School Board. He volunteers on the sidelines coaching ND football, as well as organizing and supervising athletes in the weight room, promoting good fitness and healthy choices. 

Mary Ellen is also involved in the Rosary Society at Ascension Parish, chairing several committees.

Bob is an assistant district attorney for Genesee County. Mary Ellen is a retired Special Education Teacher. They have five children.

The Health and Humanitarian Award recognizes “ordinary people who reach far beyond themselves to the lives of those in need, bringing hope, care, and friendship, and helping build a stronger, healthier community.”

The Zickls were nominated by Karen Green, principal of St. Joseph’s School. 

In her nomination, Green noted that Bob and Mary Ellen have often given children a "loving, compassionate and safe home that provided lasting memories and effects on all those who are familiar with them. In two instances in particular, they opened their home to children who were not their own, but who were treated as members of their family, with much love and support during particularly challenging times. I know they will forever consider the Zickl home to be their own.”

Bob spoke on behalf of the couple in accepting the award and noted that the award's committee chair, retired City Court Judge Robert Balbick, came to Zickl's office in the County Courthouse personally to deliver the news, which caught Zickl by surprise.

"As soon as he left, I got on my phone to look up 'humanitarian,' Bob said. "Okay, a bit of a rough fit, but okay. Prosecutors don't usually get described in those terms. For a long time, I was afraid to look at the list of previous honorees. I did today. It was on the program. That is a very impressive list and to be included with people like that is, that's a great honor."

zickl heath and humanitarian award
Robert Zickl and Mary Ellen Zickl.
Photo by Howard Owens

Younger hockey players get their own tournament for a change with inaugural Merry Mitemas event

By Howard B. Owens
Merry Mitemas Tournament 2023

The Merry Mitemas Tournament is underway at the David M. McCarthy Memorial Ice Arena in Batavia.

The inaugural tournament features 18 teams.  Four are from Batavia, with teams from as far away as Webster and Geneva, said Sharon Valyear-Gray, one of the tournament's organizers, along with her husband, Bob Gray, their daughter, Allyson Valyear, who is chair, and  Tim Sprague, Mite program team coordinator. 

"We wanted to give the little guys an experience that our older ones always get when they go to tournaments," Valyear-Gray said. "Several of the teams went to the Pittsburgh tournament on Veterans weekend. Most of them go to one or two (tournaments) in Rochester. We have three teams that are going to Lake Placid in March, which is really a neat experience for the kids. But the little ones just kind of get left behind."

Each team is guaranteed at least three games over the weekend.

The weekend will include a skate with Santa at noon on Sunday, followed by the championship game.

Photos by Howard Owens

Merry Mitemas Tournament 2023
Merry Mitemas Tournament 2023
Merry Mitemas Tournament 2023
Merry Mitemas Tournament 2023

Photos: Santa escorted to Memorial Park in Oakfield

By Howard B. Owens
oakfield santa and memorial park

Santa Claus arrived in Oakfield for a short visit on Friday night, carried into town by the Oakfield Volunteer Fire Department with mutual aid from Elba and Alabama.

The children who gathered for his arrival then gathered at Memorial Park for Christmas carols and a tour of the holiday-light-decorated park.

The Christmas spirit carries on in Oakfield today (Saturday).  For information on Saturday's activities, click here.

Photos by Howard Owens

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oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park
oakfield santa and memorial park

Photos: Annual remembrance Christmas tree lighting in Oakfield

By Howard B. Owens
oakfield christmas tree lighting

Oakfield residents gathered in the Triangle Park in Oakfield on Thursday evening for the annual lighting of the remembrance Christmas trees.

This year, there are 94 decorated trees in the park.

For more on this weekend's events in Oakfield, click here.

Photos by Howard Owens.

oakfield christmas tree lighting
oakfield christmas tree lighting
oakfield christmas tree lighting
oakfield christmas tree lighting
oakfield christmas tree lighting
oakfield christmas tree lighting

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