There’s a family story about Diana Zinni’s first experience with music.

She was just a toddler. And MTV — the music video channel — wasn’t much older.

“Apparently, the first time they plopped me down in front of it, I saw the Beastie Boys’ ‘Fight for Your Right (To Party!),’ ” said Zinni, a Brooklyn-based singer/songwriter who grew up in Le Roy.

“I just went nuts,” she added. “And that was it — I was obsessed with music.”

Years later, her childhood obsession resulted in an internship at New York City’s Chung King Studios, where the Beastie Boys once recorded.

Clearly, some things have a way of coming full circle, like a chance encounter or a musical motif.

Zinni will close a circle of her own on Nov. 25, with an acoustic performance at Le Roy’s Smokin’ Eagle BBQ & Brew. The “Thanksgiving Eve Party,” which also features DJ Jimmy B, will support an Indiegogo campaign for Zinni’s as-yet-untitled debut album.

The crowdfunding effort was officially launched on Tuesday. Supporters can pre-order the album and receive other perks by contributing via Indiegogo. (See link below)

Zinni was recently described as “one of the hardest working indie artists in the game” by the music blog Evensound. Another music writer called her a “dreamy folk goddess.” (“I swear I didn’t tell her to write that!” Zinni says.)

Zinni calls her own work “folk-pop,” and has developed a style that mixes clever wordplay with catchy melodies.

“I focus a lot on lyrics,” Zinni said. “The lyric and melody usually pops into my head together as a unit. I finish it from there, and kind of figure out what chords make sense for it.”

Her songs, she said, “all have their own little story.” 

An example is “The Moon,” which was featured on a digital EP titled “More.” Zinni said the song arrived one evening during a walk in the Carroll Gardens neighborhood of Brooklyn.

“I literally stopped in the middle of my walk, sat on these church steps and the whole chorus came to me immediately,” Zinni recalled. “It was a beautiful way to receive the song, by just sitting on those church steps.

“Fortunately, I take walks with a notebook!”

She calls it a very spiritual, very personal song; and one she’s especially proud of.

Can you forgive me for making the moon?

Can you forgive the world you see?

I’ve got a god-like longing with a human reach

The EP’s title song, “More,” also explores issues of love, loss and longing.

Everybody’s got a card up their sleeve and one foot out the door

some just have an anchor that won’t let em sail from the shore

and we all want more

Her latest, is “Love Me Like New,” the debut single from her upcoming album. You could call the song — available for streaming via Soundcloud — a teaser for a project Zinni launched before she really knew how to make music of her own.

Her parents, Rick and Cathy Zinni, can attest to that. (As can her "exremely supportive" brother, John.)

“You should have seen me in the car growing up,” Zinni said. “I was such a control freak about what was playing the radio.

“It was my lifeline — hearing songs was my lifeline.”

Zinni knew she would be a songwriter. And early on, she was committed — someday, somehow — to moving to New York City and making a record.

But if she was a dreamer, she was one with her feet planted solidly on the ground.

She focused on the guitar, and took lessons from Dan Clor, who founded the Le Roy-based heavy metal band D-ZL. Clor also helped Zinni make her first song recording.

After graduating from Le Roy High School in 2003, Zinni chose to attend Oneonta State College for its well-regarded Music Industry program. She earned degrees in music industry and business economics and completed a minor in Audio Arts Production.

Currently, she is the studio manager at Joe Lambert Mastering in Brooklyn. As it happens, Lambert, the studio’s owner, is a native of Batavia and a Grammy-nominated recording engineer.

Zinni’s move to Brooklyn was a leap of faith that paid off.

“It was a magical time in my life, because I was in the right place,” Zinni says. “And I finally met the right producer.”

Bryan Kane is also a native of Upstate New York, in his case Corning. They met during a studio party in 2011, and a year later began a working relationship that resulted in the EP, “More.”

The idea of performing back home in Le Roy, was sparked in June. Dan Clor, who now lives in Los Angeles, was returning east with his band, Weapon-X, and a reunion performance with DZ-L at Rochester’s Montage Music Hall. He asked Zinni to share the bill.

At the show that night was DJ Jimmy B — James Barsaloux — who often appears at the Smokin’ Eagle.

“I was selling homemade, burned CDs,” Zinni said. “He came up to me with a card and said ‘You have to play the Eagle sometime when you’re home.’ ”

This fall, Zinni began to work on a live, hometown show in support of her Indiegogo campaign.

Zinni plans to release her first album early next year. After that, she’ll assemble a band and schedule a CD release performance for an appropriate venue in the Rochester area.

Hard work she hopes makes a dream come true.

“I’ve been working on it for a while, and I’d really like to get it finished,” she said. “I’d like to make the debut real.”

The “Thanksgiving Eve Party” will be from 7:30 to 10:30 p.m. Nov. 25 at Smokin’ Eagle BBQ & Brew, 9 Main St., Le Roy. For information call (585) 768-4770 or visit www.smokineagle.com.

Learn more about Diana Zinni via the following links:

Diana Zinni’s Debut Album on Indiegogo: https://www.indiegogo.com/projects/diana-zinni-s-debut-album#/

Listen to “Love Me Like New”: https://soundcloud.com/diana-zinni/love-me-like-new

Listen to the “More” EP: https://dianazinni.bandcamp.com/releases

Music videos, including “More” and “The Moon”: https://www.youtube.com/user/dianazinni

Facebook: https://facebook.com/dizinni

Twitter: https://twitter.com/dianazinni

Instagram: https://instagram.com/dianazinni

Newsletter Sign-Up: http://eepurl.com/9zC3T

Christmas in the City will be held on Friday, Dec. 4, and will also mark the conclusion of the closing ceremonies for Batavia's Centennial celebration.

First, starting at 6 p.m., come and behold the Centennial Time Capsule in the foyer of City Hall. See the sponsor wall and the legacy gift. Enjoy a dessert bar with a variety of toppings and hot chocolate. The first 100 people will receive a free Centennial mug!

Bid on a piece of history. Offer a price for the Centennial Street Banner that has bedecked the City Hall sign and take it home as a keepsake if you win. Silent auction bidding opens for 100 pennies.

Then, at 6:15 p.m., the lineup begins in nearby Austin Park for the aerial "Human 100" group photograph -- hopefully with 500 volunteers dressed all in blue or white or gold! Be part of the photo and receive a free Centennial flashlight. Photo will be taken at 6:45 p.m.

At 7, watch the parade along Jefferson Avenue and be on the lookout for the Centennial cake! And golden "coins" made of chocolate tossed to onlookers by Centennial celebrants, too!

The evening's closing ceremonies for the Centennial concludes with a fireworks extravaganza at 8 o'clock, compliments of the Centennial sponsors.

Christmas in the City will also feature:

Photos with Santa at GO ART! (5-9 p.m.)

Stores & Restaurants Offering Specials & Entertainment (5-9 p.m.)

Holiday Window Decorating Contest (5-9 p.m.)

Horse & Wagon Rides on Center Street (across from Adam Miller Toy and Bicycle) (5-9 p.m.)

FREE Shuttle Rides from Save-a-Lot to Wonderland of Trees at Holland Land Office Museum (5-9 p.m.)

Batavia Concert Band in the Batavia City Centre (6-6:45 p.m.)

HAPPY HOLIDAYS!

(Sponsors: GOLD: The Batavian, Tompkins Bank of Castile & Tompkins Insurance)

As part of the city's ongoing Centennial celebration, there is going to be an aerial photograph taken of the "Human 100." The city is calling for 500 volunteers to stand "in cheery formation dressed in festive blue, white or gold wintry wear!"

This crowd shot in the form of the number 100 will take place at Austin Park on Friday, Dec. 4th, within lineup forming at 6:15 p.m.

An additional volunteer opportunity in celebration of the Centennial will take place immediately following the Human 100 photo shoot.

All will get to walk alongside the Centennial Cake in the Holiday Parade that kicks off this year's Christmas in the City festivities. There's one condition: Participants must be wearing blue, white or gold to be in the parade!

The route is along Jefferson Avenue and walkers will get chocolate coins to toss to rapt and merry parade watchers.

Questions? Call Vibrant Batavia is 738-7388 or contact Leanna Di Risio at:  leanna@vibrantbatavia.com

From Matt Worth, city director of Public Works:

The water line repair has been completed on Law/Chestnut Street between South Jackson and Walnut streets in the City of Batavia and the street is open to thru traffic.

Eugene Jankowski Jr., of Batavia, won 1st Place Law Enforcement, 1st Place Senior and placed 17th overall out of 241 competitors at the 2015 Smith & Wesson, International Defensive Pistol Association (IDPA) Backup Gun Nationals.

Held Nov. 5-7 at the Smith & Wesson Employee Sports Center in Springfield, Mass. The theme for this year’s match focused on the “Roaring Twenties,” which challenged competitors with intricate props and shooting obstacles inspired from the decade as they raced through 14 stages of fire using small, concealed-carry-style handguns. Courses of fire required traditional two-handed shooting as well as shooting one-handed at fast moving targets.
 
A highlight video of the match can be found here https://youtu.be/wlVk3_kwV2s
 
For complete match results  http://www.idpa.com/compete/competitiondetails/21220

The International Defensive Pistol Association (IDPA) is the governing body of a shooting sport that simulates self-defense scenarios and real life encounters. It was founded in 1996 as a response to the desires of shooters worldwide. The organization now boasts membership of more than 20,000, including members in 50 foreign countries.

Paul M. Gelardo, 30, of Valley View Lane, Batavia, is charged with: three counts of third-degree burglary, which are Class D felonies; one count of second-degree criminal mischief, also a Class D felony; and one count of fourth-degree grand larceny, a Class E felony. His arrest concludes several investigations in the Town of Stafford. It is alleged that between April and September of 2014 that Gelardo unlawfully entered three separate buildings and removed items from them and also damagedf equipment at a stone quarry when he was allegedly removing wire from it, according to a Sheriff's Office press release from Chief Deputy Jerome Brewster. Gelardo was identified as a suspect when DNA found at one of the burlgaries allegedly matched his. None of the missing items have been recovered. Gelardo was put in jail in lieu of $10,000 bail and is set to reappear in Stafford Town Court at 9 a.m. on Thursday, Dec. 10.

Lena Marie Evans, 28, of Vine Street, Batavia, is charged with making graffiti and third-degree criminal trespass. Today (Nov. 19), following the investigation of a graffiti and trespassing complaint near Route 98 in the Town of Batavia on CSX Railroad property, Evans was arrested on these charges. She allegedly went on railroad property without permission at 8 p.m. on July 15 and painted graffiti on a building. She was issued an appearance ticket and is scheduled for Town of Batavia Court at 1 p.m. on Thursday, Dec. 10. The case was investigated by Sheriff's Deputy Saile.

John Wesley Johnson, 59, of Pearl Street, Batavia, is charged with petit larceny, aggravated unlicensed operation, 3rd, and operating with a suspended registration. Johnson was arrested on Nov. 11 for allegedly stealing about $66 worth of merchandise from Walmart before leaving the story. He was stopped by Batavia Police Sgt. Dan Coffey and then arrested and jailed in lieu of $250 bail. The case was investigated by Sheriff's Deputy Christopher Parker assisted by Sgt. Coffey.

Paul A. Russo, 40, of Frewsburg, was arrested by state Troopers on Nov. 17 and charged with petit larceny. An arrest warrant was issued after he allegedly swapped his used sneakers for a pair of Nike Flex valued at $70 from Kohl’s Department Store on Oct. 23. No further information was released.

Two people were arraigned on drug dealing charges in County Court on Wednesday, following their arrests on warrants the night before.

Information on the investigation leading to their arrests has not yet been released.

Charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a narcotic drug with intent to sell, both Class B felonies, is Donnie Armstrong, 43, of East Main Street, Batavia. Armstrong is being held on $10,000 cash bail or $20,000 bond.

Also charged is Laura L. Fletcher, 41, of Holley Street, Lockport. She is charged with criminal sale of a narcotic drug and criminal possession of a narcotic drug with intent to sell. Her bail is $10,000 bash or $20,000 bond.

It's unknown at this time if the cases are related.

UPDATE 3:50 p.m.: The arrests of Donnie Armstrong and Laura L. Fletcher were made after the conclusion of an investigation into the sale of "crack" cocaine in and around the City of Batavia, according to a press release this afternoon from the Sheriff's Office. The investigation was done by the Genesee County Local Drug Enforcement Task Force -- comprised of officers from the Sheriff's Office, Batavia Police NET and Le Roy Village PD. The task force was also assisted in the investigation by state Parole and the DA's Office.

Press release:

Law/Chestnut Street between South Jackson and Walnut streets in the City of Batavia will be closed to “local traffic only” during the day today due to a water line repair. It is not expected that water service will be interrupted or affected.

County government is moving toward passage of a budget for 2016 that holds the line on the tax rate for local propety owners.

Wednesday, the Ways and Means Committee recommended approval of a $27,199,344 spending plan that keeps the tax rate $9.86 per thousand of assessed value for 2016, the same as 2015.

With increases in assessed value throughout the county, that rate will still provide the county with an overall growth in the tax levy by $323,051.

County Manager Jay Gsell said the county was able to trim off three cents from the original 2016 proposed rate by keeping the belts tight on government appropriations.

"We basically said to all the departments and agencies of county government, particularly the outside agencies, 'No increase in funding requests, and to the county departments, we want you to hold the line as much as possible,' " Gsell said.

It helps, Gsell said, that the state has capped how much it demands from the county for the local share of Medicaid funding. In each of the past two years, the county hasn't been asked to pay more than $9.3 million. In the past, that number would go up 8 percent or more each year, Gsell said.

The budget includes a full year of anticipated deficit spending to keep the county nursing home operating, though the Legislature anticipates the county will be out of the nursing home business before the close of 2016. There is a purchase offer in place with a private company that will take over operations and ownership of the property.

The spending plan includes appropriating about $2 million from the county's fund balance (or general fund cash reserves). That's a smaller draw on the fund balance than previous years. Primarily, spending fund reserves is a way of smoothing the county's cash flow throughout the year. It helps maintain the nursing home and covers beginning-of-the-year shortfalls while the county waits for property tax payments to roll in. In the previous years of fund-balance spending, the county has still finished the year in the black and at the end of 2014 the reserves stood at $10.5 million.

The budget process has gone well, said Ray Cianfrini, chairman of the Legislature, because the legislators, on the whole, want to be responsible about how they handle taxpayers' money.

"I think it's fair to say the mindset of most all of the legislators is pretty fiscally conservative and we're very conscious of the fact that we're elected by the public and we want to make sure the public is getting the best bang for the buck," Cianfrini said.

It was a priority to hold the line on the tax rate, Cianfrini said.

"Nobody likes to raise taxes unless it's necessary and the first thing we always look for in the budget process is 'Are we able to hold the rate down?' " Cianfrini said. "Last year we had a reduction of 16 cents per thousand, so I think going into this year's budget our mindset was we would prefer not to raise taxes."

Holding the line meant asking department heads to keep down spending, not hire more staff, postpone some projects or equipment purchases. Even so, Cianfrini said, county residents will still get a responsive, functioning county government.

"I personally feel this budget meets all the needs of the smooth operation of the county government," Cianfrini said. "Now, if we talk to the department heads, I'm sure the department heads would love to have more personnel, certainly. Talk to the Sheriff, talk to other people in different departments, would they like more? Yeah, absolutely they'd like more, but it comes with a cost. They all seem to be willing to work within the budget we presented."

A 25-year-old Bethany man who was charged in January with reckless assault of a child and later accepted a plea deal was sentenced in County Court on Tuesday to one-and-a-third to four years in prison.

Anthony Dibble entered his guilty plea six weeks ago to attempted assault on a child in the second degree.

Dibble was accused of causing a brain injury to a 2-year-old female.

The child was said to be recovering from her injuries at the time of Dibble's initial arrest, said ADA Will Zickl at the time.

Dibble is the child's biological father, Zickl said; however, the child lives with her mother, who is not a Genesee County resident.

The parents are not married, Zickl said.

By mutual agreement, the toddler was staying with Dibble on an overnight visit in August of 2014.

The process of getting approval for a new Dunkin' Donut's has served to make for a better plan, project engineer Kip Finley told city planners during Tuesday's meetings, where planners eventually approved or recommended approval of a series of plans and variances allowing the project to go forward. 

The proposed Dunkin will be slipped in between Barrett's Batavia Marine and Five Star Bank on West Main Street, with the cooperation and blessing of those two property owners. The three properties will share driveways in and out of the location, helping traffic flow and thereby addressing one of the recurring objections to construction of the franchise store.

Finley, working on behalf of Dunkin' Donuts and franchisee Mike Mikolajczyk, who owns the current Dunkin' in the city, at West Main and Ellicott Avenue, has been hauling elevation drawings before city and county planners since September 2014, and until Tuesday's votes hadn't received much in the way of nods of approval.

The new design fits into the current environment better, Finley said.  The building will be a little more residential looking and the frontage will align with Barrett's, making it more of an urban approach to aligning storefronts.

Even so, there are still residents from nearby Redfield Parkway who object to the proposed location.

"Regardless of how good the aesthetics of the building, none of the design changes will improve its location," said Nan Zorn, a Redfield resident.

The planning committee approved the site plan review and recommend to the Zoning Board of Appeals that it approve variances for the frontage, the driveways and parking.

By code, the size of the building would require 80 parking spaces, which board members agreed was a bit much.

The Burger King on West Main has 80 spaces and Finley pointed out that is way more than the drive-thru restaurant needs.

"If you go there, the front third are used, and the rest you could play basketball on," Finley said.
"There are weeds growing. It doesn't get used."

Finley's work is not done. Dunkin's new location doesn't get built if the city's ZBA doesn't approve the variances.

Le Roy's Statue of Liberty is shown packed in a customized crate donated by Orcon Industries, to ensure its safekeeping while it's delivered this morning to Ohio for restoration. (Photo courtesy of Lynne Belluscio)

The Le Roy Historical Society raised more than $15,000 this past summer to “Strengthen the Arm of Liberty.”

This morning, the rubber hit the road, so to speak.

Historical Society Director Lynne Belluscio left shortly after dawn on a four-and-a-half-hour trip to Oberlin, Ohio. Safely crated and tucked into the bed of her Toyota Tundra, was the miniature Statue of Liberty that has stood on the Oatka Creek bank since 1950.

“She’s traveling in luxury,” Belluscio said.

Her destination was McKay Lodge Conservation Laboratory near Oberlin. Specialists there will restore the damaged and deteriorated statue — in time, Belluscio hopes, for a grand rededication ceremony during the Oatka Festival next July.

McKay Lodge Conservation Laboratory has estimated repairs would cost between $5,000 and $7,000. The “Strengthen the Arm of Liberty” fundraising campaign launched this past spring, set a goal of $10,000 to ensure a safe margin.

In the end, slightly more than $15,000 was raised by alumni groups, the Le Roy Moose Family Center and numerous individual donors.

Orcon Industries of Le Roy, which does industrial packaging, donated a customized cushioned crate in which to transport the fragile statue.

“That’s how it’s getting out there,” Belluscio said. “That was their contribution to this project, and of course that box will stay out there and will bring her home when she’s finished.”

Belluscio was expecting to return to Le Roy this evening. The statue will stay in Ohio from six to eight weeks. 

“But as far as I’m concerned, they can keep her all winter,” Belluscio said. “There’s a lot of work to do before she can go back up.”

That’s because Liberty’s base — or plinth — will have to be replaced before the statue can be returned to its spot opposite Wolcott Street School.

The star-shaped curbing will be kept in place, but an architect has recommended a new, cast stone base. Plans call for new landscaping (existing shrubbery has undermined the statue’s base) and new lighting that will be paid for with any funds left over after the statue is restored.

Ideally, Belluscio said, the Lady Liberty can be rededicated during a celebration tied to the Oatka Festival. The original dedication ceremony drew a crowd of thousands, included a military flyover and involved dozens of area Boy Scouts who sponsored the statue’s purchase. 

Le Roy’s statue was one of many installed across the country, in conjunction with the 40th anniversary of Boy Scouts of America.

Next year’s rededication will help thank everyone who supported the statue’s restoration, Belluscio said.

“People have been very generous,” she said. “It’s a really good example of how the community has come together to support something they all feel really good about.”

A crate carrying Le Roy's Statue of Liberty is pictured outside the Jell-O Museum. (Courtesy of Lynne Belluscio)

Randy Vink, account manager for Orcon Industries, is pictured with Le Roy's Statue of Liberty. (Courtesy of Lynne Belluscio) 

These two photos of Le Roy's Statue of Liberty illustrate damage to its face and deterioration of its copper plates. The statue was originally installed in 1950 and repaired once during the 1980s. It is now being restored in Ohio. (Courtesy of Lynne Belluscio)

Le Roy's miniature Statue of Liberty was dedicated during a gala creekbank ceremony in 1950. A rededication ceremony for the restored statue is slated for next summer.

A proposed local law adds a new wrinkle to the controversy surrounding outdoor concerts at Frost Ridge Campground.

The Le Roy Town Board last Thursday, voted unanimously to withdraw from a 2004 intermunicipal agreement that established a joint town/village Zoning Board of Appeals.

Instead, Local Law No. 3 would establish a new, three-member town Zoning Board of Appeals effective Jan. 1, 2016. The Town Board would appoint two people to a new ZBA.

A public hearing on the proposed law is scheduled for Dec. 10.

“We feel as a board … that it would be in the best interest of the town going forward, to have a new, objective, impartial ZBA,” Town Supervisor Steve Barbeau said this week.

The current ZBA determined in September 2013 that concerts were a prior, non-conforming use — or “grandfathered” — at the Conlon Road campground because they predated the creation of a residential-agricultural zone in the area. That decision led to a pair of lawsuits filed by the town and the Cleere/Collins family against Frost Ridge and its owners, David and Greg Luetticke-Archbell.

Supreme Court Justice Robert C. Noonan ruled in April that failure to issue a public notice of the meeting invalidated the ZBA’s 2013 decision. Noonan’s ruling returned the matter to the ZBA for consideration.

Barbeau said the resolution approved last week was prompted by three considerations:

— The ZBA will eventually determine the legality of concerts at Frost Ridge;

— It is “likely, or at least possible” that whoever receives an unfavorable decision will file a lawsuit; and

— The Town of Le Roy will be obligated to defend the ZBA’s decision, either for or against Frost Ridge.

“Is it likely the same ZBA can be totally objective in reviewing the same issue going forward?” Barbeau asked. 

The answer, he said, is no.

“That’s something any attorney could potentially seize upon,” he said.

The Town Board took several issues into consideration, Barbeau said.

The first was that Noonan’s determination that the 2013 meeting was improperly conducted — “the issue that cost the town a lot of turmoil and a lot of money,” Barbeau said — reflects poorly on the current ZBA. The board has nevertheless been “vehement” in supporting a decision he said was made without consulting the town attorney, without carefully weighing evidence and with no public input.

The ZBA has also retained its own legal counsel at cost to the town while insisting the elected Town Board has no oversight of the matter.

“A blank check,” Barbeau said. “They’ll hire who they want and we’ll pay for it.”

Another issue relates to ZBA member Robert Scott, who was appointed by the Village Board earlier this year. His candidacy for town supervisor in this month’s town election was supported by Frost Ridge owners, Barbeau said.

Barbeau said a final matter is unrelated to Frost Ridge but has arisen since litigation began.

“There’s quite a bit of evidence that one or more members of the ZBA, either directly or indirectly, have suggested the Town Board has no authority to issue special use permits with conditions attached … and that any such issuance is subject to appeal back to the ZBA.

“That’s 100 percent, totally inaccurate,” he said.

There are currently five members of the ZBA. Two members — Debbi Jackett, who chairs the board, and Marty Brodie — were appointed by the Town Board, as was Ken Mattingly, who serves as alternate. In addition to Scott, village appointees are Thomas Spader and Charles VanBuskirk.

Members serve five-year terms. Jackett’s term expires at the end of 2017, and Mattingly’s term expires in 2018. Brodie’s term expires this Dec. 31.

If the Town Board agrees to create a new, three-member ZBA, it would thus also appoint two new members. Terms would be for three years.

As a courtesy, village Mayor Greg Rogers was informed of the Town Board’s plans before last week’s vote, Barbeau said. Dissolving the shared ZBA would not affect the town Planning Board or the code enforcement officer, whose position is funded by both municipalities.

“If we have a separate, smaller ZBA that’s only concerned with town code and not village code, and they have a three-year term instead of a five-year term, it would be more effective and efficient overall,” Barbeau said.

“Not that there won’t be litigation, but we’ll know the process was done correctly and the opinion was impartial and objective,” he said. “It makes it a lot easier to defend the ZBA, and it makes it a lot harder for a petitioner to find fault with the ZBA.”

Frost Ridge owners and supporters reacted with derision after Thursday’s vote.

David Luetticke-Archbell called the move to replace the ZBA “purely political.”

“This was referred back to the Zoning Board that is currently in place,” Luetticke-Archbell said. “To try to change (the ZBA) and then appoint people immediately prior to a decision simply to affect the outcome — that’s not what the rule of law is all about.”

Noonan’s decision that handed the issue of Frost Ridge concerts back to the ZBA was issued in April. The Luetticke-Archbells have been trying to obtain a hearing since then — without success, he said.

A series of issues — problems with paperwork or legal notices, or absences of ZBA members or attorneys — have kept postponing action on the Frost Ridge application. (See additional note, below)

“We’ve done our part to try and get this done, and each time, there’s been an obstacle put in the way,” Luetticke-Archbell said. “The Zoning Board, as far as I know, has not had anything to do with these delays.”

There’s at least one point of apparent agreement: Whatever the ZBA ultimately decides, the matter will return to Supreme Court.

“Truthfully, if (the existing) zoning board says ‘no, we’ve changed our position,’ I could probably accept that,” Luetticke-Archbell said. “But to put another board in that you’ve handpicked? I can’t really say.”

———

David Luetticke-Archbell, owner of Frost Ridge Campground, submitted the following statement to clarify and expand on why Le Roy’s Zoning Board of Appeals has not met to reconsider the issue of concerts at the campground:

The ZBA members were not absent. I was told they were, but they were all in attendance for the August meeting. The attorney who could not be present was (counsel) for the Cleeres. That attorney felt it was adequate to send an alternate to court on her behalf in February 2015, but insisted on taking a holiday on September 22nd stating that the date needed to be rescheduled.

The other pertinent information missing from this article is that (town Code Enforcement Officer) Jeff Steinbrenner failed to publish the public notice for a July date. This was the second time this happened. The first time was for the original date in September 2013 and one of the primary reasons Judge Noonan cited for remand this time. By the way, it was Jeff Steinbrenner who failed to publish the public notice for September 2013 as well. The “problems with paperwork or legal notices” is that Reid Whiting, attorney for the town, doctored up the public notice on August 27th, 2015, by changing the wording to be different from what was in the application from Frost Ridge. This led the way for appeal due to the notice being defective.

This notice was actually two notices. A correct version sent to Frost Ridge and a doctored up version sent for publication. Both of these are signed by the Town Clerk, who was out of the office for two weeks while these were being written. By the way, the town attorney, Reid Whiting, performs his duties at the direction of the Town Board Supervisor (Steve Barbeau). This is the same attorney, that Steve Barbeau claims should have been consulted by the ZBA for the initial interpretation. The same (counsel) who stated in court that the ZBA did not wish to be present, when the fact is that they were not properly notified that they were a party to a suit. They didn’t find out until they read it in the news. They could not utilize the Town Attorney because they were being sued on the same issues as Frost Ridge and that would be a conflict of interest.

Jeff Steinbrenner, the Zoning Enforcement Officer, is an employee of The Town Of LeRoy and reports directly to the Town Board Supervisor, Steve Barbeau.

If there is any question about who is delaying this interpretation, these facts all point to Steve Barbeau.

Batavia Middle School is hosting a Family & Community Night from 5 to 6:30 p.m. on Thursday, Nov. 19. This year's theme is "Warm the Night" and FREE hats, mittens and scarves will be distrubuted.

Enjoy a FREE light supper of soup and bread with Timbits and coffee, courtesy of Tim Horton's.

There will also be a FREE bicycle raffle and you'll also receive a FREE basket raffle ticket at the door -- one raffle ticket for EVERY family member!

Prepare to be dazzled by a FREE laser light show!

Plus, the Batavia Police Department will be on hand to license bikes in the gym and give you a coupon for a FREE bike helmet from Adam Miller Toy and Bicycle.

Gain insight into the opportunities to learn how to support your child this year and help our students succeed. See you there!

Press release:

The Batavia Business Improvement District (BID) is a neighborhood champion for Small Business Saturday, also known as “Shop Small Saturday.”

Shop Small has become a national movement along the lineup of Black Friday & Cyber Monday. This year’s Shop Small event is Saturday, Nov. 28th, and will take place all over the country. The Batavia BID distributed promotional materials for the event to its downtown retail and restaurant businesses and encouraged them to do their own form of promotion as well. The nonprofit organization also invited local business owners, residents, and politicians with postcards to come to specific places to encourage the understanding that downtown Batavia has great places to shop, dine, live and play.
 
The Batavia BID intends to take pictures on Shop Small Saturday and encourages those that shop small that day to share them with the Batavia BID. You can post on the Downtown Batavia Business Improvement District Facebook page or contact Laurie Oltramari at (585) 344-0900 or e-mail LOltramari@DowntownBataviaNY.com to share pictures or to ask questions about the event.
 
Please join the movement to support your local economy by shopping small not only on Small Business Saturday, but each Saturday!

Press release:

Lori Ann Santini from East Pembroke lost her entire house and all the contents in a fire on Wednesday, Oct. 28th. Lori Ann was not at home, and her three children were all at school when the fire started.

Lori Ann has been an East Pembroke firefighter for 15+ years and is also a member of the County Emergency Support Unit (ESU, Haz-Mat and Rope Rescue team). Her ex-husband Jose, also an East Pembroke firefighter for 15+ years, responded to the call and initiated a rescue of the dogs still in the house. Near the conclusion of the call, Jose was transported by ambulance with an undisclosed medical complaint. He was later transferred to Rochester and underwent cardiac surgery.

Lori Ann is a paramedic with Le Roy Ambulance Service. Jose is a dispatcher for Mercy Flight/Mercy EMS.

There will be a Spaghetti Dinner and Chinese Auction to benefit the Santini Family from 4 to 7 p.m. on Saturday, Nov. 28, (basket drawings at 6:30) at St. Maximilian Kolbe Church Hall, 8656 Church Street, E. Pembroke. Cost is $10. For tickets, call Don Newton at 585-813-4033 or Pam McCarthy at 716-560-1659.

Any donations are accepted and appreciated. They may be dropped off at Ron & Newt’s on Main Road in East Pembroke from 8 a.m. to 5 p.m., Monday – Friday, or at the East Pembroke Fire Dept. on Monday nights from 6 to 9 p.m., or call Don or Pam to have a donation picked up.

Jeremy Liles said he will continue to push for a rules change in the City of Batavia on commercial signs that prohibit electronic signs from regularly changing their messages.

Earlier this year, Liles installed a new sign on his business, Oliver's Candies, at Main and Oak with an electronic message board.

Under the current city ordinance, he can only change the message on the board once every 24 hours. He would like to change it hourly, especially this time of year when he might have four or five different promotions going to attract holiday business.

Tuesday night the city's planning board unanimously rejected his request for a variance to allow the message to change at least hourly.

Duane Preston, chairman of the board, said his vote was based on the fact there is no precedent in the city for allowing an exemption.

Liles argued that signs at Salvation Army and Batavia High School change more often than every 24 hours, but Preston said the city's code enforcement officers report that no permission has been granted for such changes where the city has jurisdiction. He doesn't have jurisdiction over the school property, he said.

Liles said the inconsistency bothers him.

He vowed to continue the fight after the vote, including bringing it up during the city's comprehensive plan update.

One apparent argument against frequently changing signs is that it creates a traffic hazard. Liles said he doesn't buy that argument. Distracted driving from mobile phones is a bigger problem than business signs, he said.

"There were two accidents in front of Oliver's this morning and that had nothing to do with my sign," he said.

Cameron Bontrager performs "Sweet Child of Mine" during the 2015 Batavia HS talent show Tuesday night in the school's auditorium.

Tzyonah Scheffield-Reese performs "Photograph."

Madison Hoerbelt and Eryn Dunn perform "For Good."

Ross Chua and Chelsea Jensen perform "I'm Yours."

Hannah Bluhm performs "Dear Future Husband."