Thwarted once, local businessman and developer Pete McQuillen is kicking the tires of an idea to revive his Robbins Nest housing neighborhood on the south end of the Village of Le Roy.

McQuillen started pursuing the project in about 2010, thought he had the necessary approvals to move forward, then a lawsuit forced him to go back to the village board for approval of the necessary zoning change.

At a September 2012 meeting, McQuillen learned that two village board members -- Bob Taylor and Mike Tucci -- would not vote on the resolution because they felt they had a conflict of interest.

Taylor's nephew is Steve Barbeau and Tucci worked for Tompkins Insurance under the supervision of David Boyce. Barbeau, the Town of Le Roy supervisor, and Boyce, were leads in the lawsuit against McQuillen.

The two men are neighbors in a neighborhood known as Presidential Acres, which abuts McQuillen's property he would like to convert into Robbins Nest.

At the time, McQuillen's plan was to build 26 homes on 13.1 acres east of Robbins Road and south of Fillmore Street, with prices ranging from $130,000 to $160,000, and sold as part of a planned community to seniors.

In order to move forward, he needed approval for a Planned Unit Development (PUD), which requires a zoning change, which requires approvals from the Zoning Board of Appeals (then a joint agency of the town and the village), the village board and the County Planning Board.

He got all of those approvals once, but then the lawsuit voided the village vote and without Taylor and Tucci willing to say yes or no, the board couldn't proceed and McQuillen had to drop his plan.

Now Tucci is off the board, so at a meeting April 13, McQuillen asked during public comments if he revived his plan, would the village board at least vote on it (he didn't ask whether they would approve it). Mayor Greg Rogers polled each board member and all said they would vote on it, if a proposal was brought to them.

Reached today, McQuillen said he is merely exploring the idea of reviving Robbins Nest at this time. Going to the village board was just the first step. He also wants to see how the county might respond.  

Rogers said he was surprised by McQuillen's request. Robbins Nest wasn't an item on the agenda. McQuillen just showed up and asked his question and that's all it was, Rogers said.

We reached out to Barbeau and Boyce for comment. We've yet to get a response from Barbeau; and Boyce declined to comment.

Boyce is one of several plaintiffs, all Presidential Acres residents, in another lawsuit with McQuillen as one of the defendants. The lawsuit is over several duplexes built on the west side of Presidential Acres, which the plaintiffs claim violates the subdivision plan. 

That lawsuit, filed in 2014, is scheduled to go to trial next week.

If you've read this far and the history of this development doesn't seem like enough of a twisted path yet, the history also includes Barbeau being arrested after an altercation with McQuillen over a barn McQuillen built close to Barbeau's property line. Also part of the history, Rogers took responsibility for allowing the village to pave a road owned by McQuillen at the time.

McQuillen said the next step for him to is to go the county to see what kind of response he might get, but County Planning Director Felipe A. Oltramari said there is nothing barring McQuillen from getting the paperwork started with the village. It would be up to the village to submit a request for consideration by the County Planning Board on the zoning change.

It isn't unusual for rejected or stalled proposals to come back up for reconsideration, Oltramari said.

"It often happens that applicants will come back a few months for few years later, depending on how political the issue was," Oltramari said.

UPDATE 8:56 p.m.: Earlier this evening, Steve Barbeau​ responded to our request for a comment.  Here is his statement: "There were and are numerous legal, practical, and ethical reasons why the property in question should not be rezoned."

The Michael Napoleone Memorial Foundation is busy planning their two biggest fundraisers. Co-directors Mark and Laurie Napoleone created the foundation in memory of their son, Michael, who passed away from Burkitt’s Lymphoma in 2006.

The Foundation was started in 2007, and its mission is to Lend a Hand for Hope to assist families with the challenges of a pediatric cancer diagnosis throughout the Western New York area, support research efforts in the area of childhood cancers, and provide assistance to youth activities and programs.

To date the Foundation has: Assisted 290 families and given over $220,000 in support, contributed $56,000 to Pediatric Cancer Research, donated $38,000 to youth sports/organizations, and  pledged $50,000 to the new Golisano Children’s Hospital in Rochester.

First -- it’s "Off to the Races" as the foundation prepares for its Derby Day Gala 2016, a fundraising event held in conjunction with the running of the 142^nd Kentucky Derby. It is held from 3 to 9 p.m. on May 7 at Terry Hills Golf Course and Banquet Facility in Batavia. Admission is $75 per person and there are  $1500, $2500, or $5,000 Sponsorships available.

Ticket includes hors d’oeuvres, grazing stations, an amazing dessert table, beer, wine and soda, a professional photo, live music by Dave Stoll, and a randomly selected gaming ticket for the Kentucky Derby. Live and silent auctions will be held and awards given for best Derby Hat and Best Derby Attire. For more information, go to www.michaelshope.org or call 585-861-0550. 

Next -- we are moving to the baseball diamond as the Foundation hosts an annual Memorial Day Baseball Tournament, May 27, 28 and 29^th. The tournament hosts teams from the Western New York region with the following age brackets: 8 & under ( $100 fee), 10 & under ($350 fee), and 12 & under ($350 fee). For more information, contact lhale04@hotmail.com or call 585-861-0550.

If interested in learning more about the Foundation’s events or if you would like to Lend a Hand for Hope, please go to our Web site www.michaelshope.org, or call 585-861-0551.

Press release from the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office would like the residents of Genesee County to be aware of a scam that is going around. The Sheriff's Office has received complaints where residents attempting to purchase motor vehicles on Craigslist are being asked to pay for these items with iTunes gift cards.

The transaction process is through a fraudulent Apple Pay account that the suspect sets up for the victim. The victim then purchases the gift cards and is required to contact a fraudulent 1-800 number and give the suspect the redemption codes on the back of the iTunes gift cards before they'll ship the vehicle.

The suspect never delivers the vehicle and the iTunes gift cards are redeemed by the suspect.

If anyone encounters this type of scenario, please do not move forward with payment and contact the Sheriff's Office at 585-343-5000.

Aaron Christopher Lyons, 19, of East Main Road, Le Roy, is charged with: driving while ability impaired by drugs, first offense; driving while intoxicated, first offense; failure to stop at a stop sign; speeding in excess of 55 mph; and unlawful possession of marijuana. The defendant allegedly failed to stop at a stop sign and was speeding on Main Road in Le Roy at 2:05 p.m. a.m. on April 23. After a brief investigation, the defendant was arrested for allegedly driving while his ability was to do so was impaired by drugs and for unlawful possession of marijuana. He was released on appearance tickets and is to be in Le Roy Town Court on June 20. The case was handled by Sheriff's Deputy Ryan Young, assisted by Christopher Parker.

Brad L. Ohlson, 39, Union Street, Batavia, is charged with third degree assault. The defendant was arrested on a bench warrant. He allegedly failed to comply with the conditions of his release on the charge, stemming from an incident at 9:30 a.m. on April 18, and was turned over the the Batavia Police Department. The case was handled by Sheriff's Deputy Ryan Young.

Press release:

The Byron-Bergen chapter of the National Honor Society (NHS) welcomed 15 new student members to their distinguished company on April 20.

The service included congratulations from Interim Superintendent Jon Hunter, Ph.D., along with the time-honored candle-lighting ceremony that acknowledges the high standards students in NHS must exhibit in knowledge, character, leadership, service and scholarship.

Inductees each received a yellow rose, which they shared with family members, and were presented with their traditional honor cords and certificates.

Jr./Sr. High School Principal Patrick McGee asked students to consider the question posed in Malcolm Gladwell’s book, “Outliers”: Why do some people succeed, living remarkably productive and impactful lives, while so many more never reach their potential? He challenged students to work hard and use every opportunity they can find to fulfill their promising futures.

Students also heard from two inspiring guest speakers, Amy (Seward) Stacy (Class of 1980), and Helen Hulburt, the mother of Judy (Hulburt) Holly (Class of 1976). Stacy and Holly were this year’s Alumni Hall of Fame honorees.

The 2016 inductees to the Byron-Bergen National Honor Society are: Cameron Brumsted, Catherine Brumsted, Lauren Burke, Benjamin Chaback, Quinn Chapell, Brionna DeMichel, Margaret Graney, Justin Hannan, Hayley Hoehn, Brian Ireland, Daniel Jensen, Peyton Mackey, Makenzie Muoio, Leah Thompson and Dana VanValkenburg.

Current Members of the Byron-Bergen National Honor Society are: Olivia Audsley, Merrisa Bohn, Rose Bower, Bethany Ezard, Rider Farnsworth, Chase Felton, Clare Fraser, Brittany Goebel, Lauren Graney, Kaitlyn Harder, Ana Hubbard, Cora Ivison, Kelsey Maurer, Taylor McPherson, Celia Mercovich, Ashley Montgomery, Esther Musiyevich, Grace Pulcini, Brittany Rada, Brandon Reiner, Alexandria Rosse, Colby Savage, Adam Walter and Michael Zwerka.

National Honor Society membership not only recognizes students for their accomplishments, but also challenges them to develop further through active involvement in school activities and community service. The organization has chapters in all 50 states, Canada, and beyond.

Dolly Parton’s Imagination Library, in cooperation with the Richmond Memorial Library and the aid of the nonprofit Richter Family Foundation, is offering free books mailed to every child’s home -- once a month, from birth up to 5 years old -- if the child lives in the Batavia City School District. 

The Dolly Parton Imagination Library is a 60-volume set of books beginning with "The Little Engine that Could." Each month a new book will be mailed, in the child’s name, directly to the home.

Dolly Parton started this program in 1995 in her native East Tennessee area. The program proved to increase early literacy in children and was taken nationwide in 2000, and soon after, worldwide. This program is now available to all children 0 to 4 residing in the Batavia City School District. The program is also available in many neighboring areas here in Genesee County. (Previous coverage)

Robert Conrad, Library director for the Richmond Memorial Library, is very excited about this program now being available to children in this school district. Not just for the help it provides for young children but for the fact it expands the scope of what a library is.

“Fundamentally this changes the way a library works, book are not just stored here at the library but are sent to directly to the home for the children to keep,” Conrad said.

Andrea Fetterly, Youth Services librarian explained how even for an infant, who is too young to read this program provides benefits. She says that, with their own book that they can look at and turn the pages they start to learn how stories are laid out and communicated. This helps in the child’s learning and development. Of course, the best way for an infant or small child to enjoy and learn from a book is to have a loved one read it to them and share the experience.

If you would like to sign a child up for the program, call or visit the Richmond Memorial Library, 19 Ross St., Batavia, or (585) 343-9550. You can also visit online. 

To celebrate this great new free book program the library will host a special Story Time with surprise guest teaders April 26th at 6:30 p.m. Library staff will be on hand to help register children for the program and there will even be refreshments for all in attendance. 

The Imagination Library is a not-for-profit that needs to partner with local not-for-profits for a selected city or town to provide books for this program. If you are interested in sponsoring a geographical area please visit this Web site.

New York Times: Offering Kids a Taste of Alcohol

Smoke is reported coming from the basement at 8752 Lovers Lane Road, Pembroke.

Pembroke fire, Indian Falls fire and City of Batavia's Fast Team are dispatch.

Corfu is asked to stand by in their fire hall.

UPDATE 7:57 a.m.: The resident tells a chief that she smells something burning. No sign of smoke or fire. The residence has been evacuated.

UPDATE 8:13 a.m.: Burned out sump pump in the basement. The pump will be removed and the smoke cleared.

A two-car accident with unknown injuries is reported in Le Roy at Craigie and West Main streets. Le Roy fire and ambulance are responding.

UPDATE 1:50 p.m.: Fire police are also requested to the scene. One car is on fire.

Anthony Zambito, 12, of Elba, got his first turkey on his first hunt this morning in Elba with his uncle Kelly Creegan.

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Town of Batavia Fire Department is among several in the county holding open houses today, as part of a Recruit NY drive for volunteer fire departments.

Batavia's open house continues until 4 today.

Volunteer departments play a vital role in the health and safety of our community. To find out more about volunteering for your local department, visit ReadyGenesee.com.

A single-car accident with minor injuries is reported at 10642 Perry Road in Pavilion. The car struck a tree. Pavilion Fire Department and Mercy medics are responding.

UPDATE 1:42 p.m.: A first responder says car is in the woods. A second ambulance is called to the scene.

As part of an Earth Day observance, volunteers came out to the DeWitt Recreation Area in Batavia to help with spring cleanup.

The walk around the park was about more than just trash pickup. It included a guided nature walk led by Amy Jessmer, from Albion, with a degree in environmental science from SUNY Brockport, where she is currently working on her master's degree. Jessmer spoke about native and non-native species and the environmental balance of the lake and surrounding habitat.

The water level of DeWitt is exceptionally low. George Squires, retired from the county's soil and water department, said he doesn't believe he's seen it this low since the 1980s.

Press release:

Join the Genesee County Master Gardeners from 6 to 8 p.m. on Wednesday, April 27, for “What's Wrong with My Plant?,” a program on common garden diseases. 

Preregistration by April 25 is requested as class size is limited.

Master Gardener Sue Eick will walk you through the steps of how to recognize symptoms and signs of plant diseases commonly brought into our Master Gardener Helpline.

Some of the diseases she will cover include: late blight, downy mildew, powdery mildew, anthracnose, needle cast in evergreens and leaf spots. Eick will also talk about specific treatment strategies and what control measures are available to home gardeners. 

This class will be held at the Genesee County Cornell Cooperative Extension at 420 E. Main St., Batavia. Cost is $10 per person.

Contact Brandie at 585-343-3040, ext. 101, or stop by our office to register. Visit our Web site at: http://genesee.cce.cornell.edu/events for more information.

The Government Appointed Historians of Western New York are holding their annual meeting at Rochester Club West@Bohn's restaurant in Batavia today.

Above, Robert Lowell Goller, Aurora town historian and East Aurora village historian, talks about maintaining independence as a municipal historian.  Other speakers covered topics on digital changes in the local history field, controversies, scandals surrounding the papers of Warren G. Harding and discovering early Masonic treasures in Upstate. Micheal Eula, Genesee County Historian, gave the first talk of the day on a brief overview of local history in action.

Press release:

On Friday Assemblyman Steve Hawley (R,C,I- Batavia) announced he will introduce legislation to immediately lift a mandate on counties and provide relief for local taxpayers.

In 2015, the New York State Commission on Legislative, Judicial & Executive Compensation recommended increases in all county district attorneys’ salaries in 2016, and again in 2018. As a result, counties are mandated to pick up the cost, a burden placed directly on taxpayers.

“Our hard-working district attorneys deserve this recognition, the invaluable work that they provide make our communities safer and better places to live,” Hawley said. “Mandating that counties pick up this cost, however, is a direct burden on our middle-class families and I’m glad my bill will provide the proper compensation for our public servants while also protecting the hard-earned money of our taxpayers.”

Hawley’s legislation will require that counties be reimbursed by the state for the entire cost of these increases, including any future increases to district attorney salaries.

“The estimated cost of these salary increases is $1.6 million statewide for 2016. Another increase in 2018 could result in an even greater burden on taxpayers,” Hawley said.

“That’s why this legislation is so important. It provides proper compensation for our district attorneys and protects counties and taxpayers from bearing any further burdens in the already tough economic climate of New York.”

Eugene Jankowski Jr., of Batavia, finished First Place Senior in the Tactical Division in the 2016 Colt USPSA Multi-Gun Nationals at the Desert Sportsman’s Rifle and Pistol Club, Las Vegas, held April 15-17.

A total of 301 competitors from all over the world braved 40-mph wind gusts and completed 12 stages of fire requiring the use of rifle, pistol and shotgun over three days. Paper, steel and flying clay targets were arranged anywhere from 7 to 400 yards in a unique maze of walls, hard cover and natural terrain.

USPSA (United States Practical Shooting Association) has more than 25,000 active members and more than 400 affiliated clubs. USPSA is the largest competitive shooting organization in the United States.

Video highlights can be seen by clicking here.

A free, first responder awareness workshop on trauma, PTSD and suicide prevention will be offered at the Genesee County Fire Training Center on Tuesday, May 10.

Two sessions are available: 2:30 to 5 p.m. or 6 to 8:30 p.m. The fire training center is located at 7690 State Street Road in Batavia.

Seating is limited. Please register by May 3.

The workshop will be presented by Cattaraugus County Sheriff Timothy S. Whitcomb.

Sheriff Whitcomb has been in law enforcement for 26 years. He is a former adjunct professor of Criminal Justice for Jamestown Community College and St. Bonaventure University. Presently, he instructs through local academies and the NYS Division of Criminal Justice Services. He has a master's degree in Counseling Education and is a certified police instrutor in the areas of Interview and Interrogation, Basix and Advanced Juvenile Officer Training, Investigation of Sex Crimes and Law Enforcement Response to School Violence.

For more information or to register, contact the sponsoring organization -- the Mental Health Association of Genesee and Orleans Counties at 344-2611 or via e-mail at   sgagne@mhago.org

The workshop is being offered in partnership with the Suicide Prevention Coalition of Genesee County in conjunction with the Genesee County Sheriff's Office and Genesee County Emergency Services.