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An attorney for residents of Presidential Acres in Le Roy said today following a hearing in Genesee County Supreme Court that her clients are proceeding with an appeal of a ruling against their attempt to overturn a Town of Darien judge's dismissal of their effort to enforce a Zoning Board of Appeals decision.

The residents, with Steve Barbeau as lead plaintiff, believe that Pete McQuillen should use a driveway on Robbins Road, and not on Fillmore Street, to access an auxiliary structure and residence on his property at 9313 Robbins Road, Le Roy.

They believe a ZBA decision requires McQuillen and any visitors to his property to use the Robbins Road driveway.

In January, Justice Emilio Colaiacovo dismissed an Article 78 motion by Barbeau and co-petitioners to overturn a decision by Darien Town Justice Michelle Krzemien dismissing a criminal complaint against McQuillen that was based on the ZBA decision for allegedly violating Village of Le Roy code.

In that ruling, Colaiacovo used harsh language to criticize the actions of the petitioners and also said Krzemien was within her authority to dismiss the criminal charges "in the interest of justice." 

He ordered a hearing, scheduled for this morning, on repayment of attorneys fees for the Town of Darien stemming from the Article 78 petition challenging her decision and right to make the decision.

At the hearing this morning, attorney David M. DiMatteo, representing the Town of Darien, said the town and judge were waiving a claim on reimbursement of attorney fees.

After court, DiMatteo explained that the fees expended so far were covered by insurance but if the town were involved in the ongoing appeal, the town could incur expenses that would not be covered by insurance. 

"It's not really our fight," he said.

Amy Kendall, representing Barbeau and the other plaintiffs, confirmed for Colaiacovo that the petitioners' appeal excludes Krzemien and lets stand his ruling that Krzemien acted within her authority as a town justice.

After court Kendall said the appeal is an attempt to enforce the ZBA decision and is focused on those topics of the Article 78 proceeding.

Pete McQuillen and Judith McQuillen were in court this morning as observers.

Previously: Latest court ruling doesn't look like end of long-running neighborhood dispute in Le Roy

There is a winter weather advisory in effect until 1 a.m. and weather radar indicates a winter storm is going to continue to pass right over Genesee Count for a while yet.

Lake effect snow of 1 to 3 inches is expected.

I just drove from Bergen to Batavia on Route 33, rarely going faster than 15 mph, often in zero-visibility circumstances. Roads are covered in snow and snow drifts are developing on some roadways.

There have been a number of minor accidents reported this evening.

The Elba Central School Drama Club presents Disney's "Beauty and the Beast" this week with performances on Friday and Saturday.

Performers, in a cast of 45 people, include Lindsay Augello as Belle, Garrett Sinemus as Beast and Young Prince, Devyn Reigle as Gaston, Carolyn Sybertz as Lumiere, Herman Sinemus as Cogsworth, Lucy LoBello as Mrs. Potts, and Elliott Walsh as Chip. Steve Hawley is the narrator.

Performances are in the Elba Central School Auditorium at 7 p.m. on Friday, and Saturday at 2 and 7 p.m. The school is located at 57 S. Main St., Elba.

Presale tickets are $6 for students and seniors and $8 for adults, available at Roxy's Music Store and the ECSD Office.

All tickets are $10 at the door.

Press release:

Batavia Downs Gaming & Hotel has announced they will be putting on their very own Woodstock Tribute with “BATAVIASTOCK,” taking place on Saturday, July 20th. The show will consist of five tribute bands of artists who played at the original Woodstock Festival and will be headlined by Melanie, who actually performed at Woodstock in 1969.

Other performers include: Green River Revival – A Creedence Clearwater Revival Tribute, Abraxas – a Santana and Sly & the Family Stone Tribute, The Who Show – a Who Tribute, and Piece of My Heart – a Janis Joplin Tribute.

Concert Headliner Melanie hails from Queens and was one of only three women who performed solo at Woodstock in the summer of '69, playing on the first day of the festival. Known for her hits "Brand New Key," "Ruby Tuesday," "What Have They Done to My Song Ma," and "Lay Down (Candles in the Rain)," she continues to perform across the country. She will be joined by her daughter, Layla.

Tickets will be available at www.BataviaConcerts.com beginning at 10 a.m. on Thursday, Feb. 14th. Individual pre-ale tickets will be $10 for General Admission while VIP tickets will again be just $15. Concertgoers will be able to purchase tickets in the Premium Section directly in front of the stage for $20. Tickets can also be purchased at Batavia Downs Gaming & Hotel at the Lucky Treasures Gift Shop located in the lobby.

“With the original Woodstock festival celebrating its 50th anniversary, we were inspired to put on an event that showcases tribute acts from that iconic concert,” said Henry Wojtaszek, CEO/president of Batavia Downs Gaming. “We are so pleased to welcome Melanie, who performed at the original Woodstock, to our stage as well.”

Hotel room/ticket packages will be available. Purchase of a hotel room on the night of a concert using the code BS720 includes two VIP tickets to the show while supplies last. Each concert ticket is also redeemable once at Player’s Club in the three days following the concert for $10 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines. The concert is held Rain or Shine. Additional information may be found at www.BataviaConcerts.com under the BataviaStock event.

Longtime rival Notre Dame stopped Elba's effort to finish the regular season undefeated Tuesday night, beating the Lancers on their home court, 59-47.

Elba is now 18-1 and the Lady Irish are 18-2. Both teams have 13 league wins and so finish the regular season tied atop the Genesee Region.

Entering Class D2 sectional play, Elba should be the #1 seed as it shoots for its third consecutive sectional title.

Notre Dame is ranked #6 in Class B1. Batavia High School is ranked #1 entering into sectionals.

For the Irish, Callie McCulley scored 23 points and had 13 rebounds. Stevie Wilcox scored 12 points and had seven rebounds. Morgan Rhodes scored 10 points and Amelia McCulley scored eight.

UPDATE: Stats for Elba: Taylor Augello, 19 points and eight rebounds. Maddie Muelhig, 13 points, and Leah Bezon, seven points and seven rebounds.

A motor-vehicle accident with injuries is reported at North Byron Road and Transit Road, Elba.

Elba fire and Mercy EMS dispatched. Byron's ambulance also requested to the scene.

Press release:

Ricky Palermo’s tireless efforts to raise money for spinal cord research will be recognized when he receives the prestigious Major Donald Holleder Award at the 70th annual Rochester Press-Radio Club Day of Champions Children’s Charities Dinner, Wednesday, April 3, at the Joseph A. Floreano Rochester Riverside Convention Center.

The award is named after Holleder, a former Aquinas Institute and U.S. Military Academy football star who was killed in a Vietnam War battle while attempting to rescue several wounded members of his battalion. It is presented annually to an individual who exhibits the character, courage and achievement displayed by Holleder.

Palermo, a former three-sport most valuable player at Byron-Bergen High School, was paralyzed in an automobile accident in 1981. Since 1997, he and his foundation have held an annual golf tournament and auction that has raised more than $1.4 million. The funds have been contributed to The Miami Project, a pioneering spinal injury research organization, as well as to local organizations, such the Batavia YMCA bike program for people with neurological challenges.

Palermo will be honored at the dinner, which features 2018 NFL MVP Patrick Mahomes of the Kansas City Chiefs as the Coca-Cola Sports Personality of the Year and other award winners.

Tickets for the dinner are $135, with a table of 10 available for a discounted price of $1,250.  To reserve tickets or packages, call 585-340-1460. Credit cards or money orders are accepted as payment. 

The club gratefully acknowledges its corporate sponsors: Coca-Cola of Northern New England, ConServe, the Democrat and Chronicle, ESL Federal Credit Union, the Rochester Red Wings, and the Rochester NY Sports Commission.  

Photo: File photo, Ricky Palermo with his cousin John Curtiss.

In response to a request for information on the lack of a snow fence and plow times on Route 98 the day of a double fatal accident in Elba, the state Department of Transportation issued a statement today that didn't address either issue.

A spokesman did not respond, after several hours, to The Batavian's request for information on those specific issues.

Here's the DOT's official statement about the crash Feb. 2 that took the lives of mother and son, Teresa M. Norton, 53, and Thomas M. Norton, 22, both of Albion:

This was a tragic incident. DOT’s primary focus is highway safety, which includes snow and ice preparation and response. We maintain thousands of miles on highways statewide and follow snow and ice guidelines to address severe winter weather in Upstate New York. DOT’s maintenance crews were working diligently throughout that weekend in Genesee County, engaged in snow and ice operations on state highways.

The accident occurred within days of significant snowfall when the wind was blowing at about 30 mph through the county. There were significant snow drives across patches of Route 98 that afternoon, including one where Teresa Norton's 2008 Suzuki slide sideways through heavy snow and was hit broadside by a pickup truck.  

Both mother and son were pronounced dead at the scene.

Press release:

Senator Michael H. Ranzenhofer has shared his concerns with recently reintroduced legislation, the Farmworkers Fair Labor Practices Act (S2837), in a letter to the bill’s Senate sponsor, Senator Jessica Ramos.

Senator Ranzenhofer is requesting that the bill’s sponsor garner feedback from the agriculture industry.

“For years, many local farmers have shared their fears regarding serious unintended consequences of this legislation,” said Ranzenhofer in the letter. “Agriculture is the largest industry in the state, and I believe it is critically important that local farmer concerns and the concerns of the greater agriculture community be heard.”

Senator Ranzenhofer believes that the proposal could have a devastating impact on local jobs and family farms.

“Simply put, the stakes have never been higher for farmers across New York State and additional employer mandates could have catastrophic consequences for many rural Upstate communities and consumers,” Ranzenhofer said.

Friends and family surrounded Kimberly Albanese and David Robb on Sunday evening in Elba with love and support as they mourned and remembered their mother, Teresa M. Norton, and brother, Thomas M. Norton, at the spot on Route 98 where they were killed eight days earlier.

Teresa, 53, and Thomas, 22, both of Albion, were northbound on Oak Orchard Road when the 2008 Suzuki SUV Teresa was driving hit a deep patch of snow that had blown across the roadway. The Suzuki slid sideways and was struck by a southbound pickup truck.

Both mother and son died at the scene of the accident.

"She was a great mom," Albanese said. "She tried her best. She was my best friend. I miss her so much. Every day I want to call her just to ask her if everything is great. I don't know how I'm going to raise my 2-year-old and my baby. I have a baby due in two months.

"That's when you need your mom the most. My kids are never going to know her. And my brother was only 22. His birthday is in two weeks and he just, he got cheated out of life so much. But what are you going to do? You just go day by day."

A GoFundMe online fundraiser also has been established to assist the family, which has not only suffered the loss of Teresa and Thomas but they are also dealing with the health issues faced by Roger Norton, Teresa's husband. He has been in intensive care at Strong Memorial Hospital since several weeks prior to the accident.

Write-up and photos submitted by Coach Matt Holman:

The regular season came to a close this past Saturday as the Southern Tier Race League marked senior day at Swain. After canceling a race on Wednesday due to freezing rain and warm temperatures, the conditions were hard and icy for a two-run GS, followed by a single slalom race.

The Batavia girls finished the regular season with a fifth-place finish in the afternoon race slalom led by Tess Cerefin, who capped her senior season with the best finishes of her career, a pair of 15th-place finishes. Lily Whiting finished in 18th place in slalom. The morning GS produced a fourth-place team finish, led by Aubrey Towner, who was 13th.

On the season, the girls finished in fourth place in the Southern Tier Race League, with all three girls collecting points for finishing in the top 15. Aubrey Towner was 16th place, Lily Whiting was 21st and Tess Cerefin was 22nd.

Zach Wagner finished the morning GS race in 23rd place, followed up by a 22nd-place finish in the afternoon slalom. He finished the season in 23rd place for the boys on the season.

The modified team finished the day with a pair of fifth-place finishes. In GS Ben Stone had the best individual finish, but Ethan Bradley was the top overall finisher at 21st and Lily Wagner at 22nd. In slalom, Ethan was the top finisher at 20th, followed by Lily at 22nd and Ben at 23rd.

The Varsity skiers will compete at sectionals at Swain on Tuesday the 12th for the boys and Wednesday the 13th for the girls.
 

Team photo: Lily Wagner, Lily Whiting, Zach Wagner, Tess Cerefin, Ben Stone, Ethan Bradley, Aubrey Towner.

Aubrey Towner

Zach Wagnerski

Tess Cerefinski

Lily Whiting

Press release (submitted photos):

Property conversions, rehabilitation, and building improvements are moving forward thanks to a strong partnership of the City of Batavia, Genesee County and the City of Batavia School District. All three taxing jurisdictions passed enabling local legislation to enact the Real Property Tax Exemption (RPTL) 485-a and 421-f. Property owners investing in Batavia may qualify for these programs.

Since these tax laws were passed locally, seven homeowners have taken advantage of the 421-f Home Rehab Program and five commercial building owners have converted buildings to mixed-use with the 485-a Mixed Use Conversion Program.

“When residents and business owners improve their property, it enhances the whole community,” said Eugene Jankowski, City Council president. “These programs are available and if you are thinking of investing the City is ready to help.”

The 421-f Home Rehab Program is a real property tax exemption that is applied to capital improvements to residential property. The exemption applies only to the increase in assessed value created by the improvement.

“If you are making improvements (reconstruction, alterations, improvements other than ordinary maintenance) to a one- or two-family residence you might be eligible to participate in the City of Batavia’s 421f,” said Martin Moore, City of Batavia manager.

The City of Batavia also adopted the New York State real property tax exemption known as the 485-a Residential-Commercial Urban Exemption for converting non-residential buildings to mixed-use. The 12-year exemption helps property owners realize a return on investment while advancing the City’s Comprehensive Plan and Downtown Revitalization Investment (DRI) Strategy.

The City’s public planning documents all emphasize the need to convert upper floor vacancies into market-ready residential abodes to provide a built-in market for downtown businesses and a new revenue source for property owners.

Every new household in Downtown Batavia will bring with it approximately $19,000 in demand for retail goods and services. Conversion of commercial downtown residential apartments on vacant second- and third-story buildings is one element to boost activity in Batavia’s downtown.

"This is another tool to turn underutilized properties into economic drivers that turnaround our downtown," said Rachael Tabelski, director of Economic Development for the Batavia Development Corporation.

"We know our building owners are ready and motivated to invest, and we want to make sure they know about City programs, help the Batavia Development Center can offer, as well as the Genesee County Economic Development Center."

By combining all three taxing jurisdictions, property owners could temporarily save upward of $42 per $1,000 value on an increased assessed value attributable to the mixed-use conversion. The former Carr's warehouse building on Jackson Square in Downtown Batavia was one of the first projects to take advantage of the 485a exemption under the ownership of Paul Thompson, owner of Thompson Builds of Churchville.

For more details about these real property tax incentives, contact the City of Batavia Assessor's Office at 585-345-6301 or the Batavia Development Corporation at 585-345-6380.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $2.28, up 2 cents from last week. One year ago, the price was $2.58. The New York State average is $2.47 – down 2 cents from last week. A year ago, the NYS average was $2.76. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.47 (down 6 cents since last week)
• Buffalo -- $2.51 (down 2 cents since last week)
• Ithaca -- $2.34 (down 3 cents since last week)
• Rochester -- $2.42 (down 2 cents since last week)
• Rome -- $2.45 (down 2 cents since last week)
• Syracuse -- $2.36 (down 2 cents since last week)
• Watertown -- $2.43 (down 3 cents since last week)

National pump prices have inched up this week due to rising crude oil prices. The price gains have coincided with total gasoline stocks growing by approximately 500,000 barrels to 257.9 million barrels last week, according to the Energy Information Administration (EIA). However, as a result of last week's frigid winter weather across the country, demand for gasoline fell sharply, after motorists stockpiled pre-storm, by approximately 500,000 barrels per day, according to EIA. 

When Heather Rosendale-Casper started planning Coffee Karma at 12 Center St., Batavia, she knew she wanted a place that would feel warm and welcoming to the community, a real community space, she said during our visit to her new coffee shop today.

"It's really meant to reach out to the community and say, 'hey, let's have this free space were we can exchange conversation, do fun things, start connecting with people once again,' " Rosendale-Casper said.

She's hung local art on the walls, installed a natural-wood coffee bar, uses organic coffee from a local distributor, and even hosts yoga sessions.

Opening Coffee Karma is the culmination of a 20-year-long ambition for Rosendale-Casper.

"Going back to high school and college (coffee shops) is where I fundamentally found myself through philosophy, great conversations, meeting people, networking in an environment that was open and free and I also happen to really love coffee," she said.

Users of The Batavian app, click here to view the video on thebatavian.com.

Contested elections for judicial seats are rare but voters in the City of Batavia are faced with one in 2019.

Durin Rogers and Ben Bonarigo are vying for the full-time City Court judge position, which becomes open next year because of the mandatory retirement of Judge Robert Balbick.

Saturday morning, Bonarigo officially kicked off his campaign in front of about 200 supporters at City Church's Generation Center on Center Street downtown.

"I think that I've got the experience," Bonarigo said when asked about his qualifications. "Thirty-six years practicing law in the trenches, representing people every day with various civil and criminal cases. I know the rules of evidence.

"I know how to behave in a courtroom, and I know how a judge should act. I've got the right temperament, the ability to listen, the ability to hear everybody who comes before you, to be impartial and fair."

If elected, Bonarigo promised that everybody who came before his bench would be treated fairly.

To get elected, he will have to beat Rogers, who is already a part-time City Court judge and has the City Republicans' endorsement.

But that endorsement doesn't guarantee Rogers the R-line in November.

Bonarigo and his campaign team, led by Nikki Calhoun, are planning a petition drive to force a Republican primary in June. The winner of that June 25th election will win the R-line in the November election.

If Bonarigo were to lose the primary, he could still face off against Rogers in November on the Democratic line.

Press release:

Batavia Downs Gaming & Hotel announced the official opening of its new Gatsby bar with a ribbon cutting on Friday at Batavia Downs Gaming & Hotel. The Gatsby bar is located just outside Fortune’s restaurant and will feature high-end bourbons, gins and other spirits along with other handcrafted cocktails. 

“We’re excited for guests to check out the Gatsby Bar for quick drink or appetizer before dinner in Fortune’s,“ said Vice President of Operations Scott Kiedrowski. “Alternatively it’s a nice place to get a quiet drink if 34 Rush is busy with sports or live entertainment.”

The bar will also feature New York State Lottery Games like Quickdraw and will have a self-service terminal to place horse wagers.

“This is the first phase to open of our new expansion,“ said Henry Wojtaszek, president and CEO. “This and those that follow will better serve our valued guests.”

Expansions for more seating at Thurman’s 34 Rush and Fortunes are due to open in the following months. A new look inside the “Park Place,” formerly known as the Paddock Room, is near completion.

“This is another banner day in the history of our facility,“ said COO Michael Nolan. “We pride ourselves on customer service and giving our guests what they want. Our expansions continue to make the facility a premier entertainment destination.”

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

City fire and Mercy EMS responding.

UPDATE 7:33 p.m.: Two cars, three patients, one possible transport at this time, according to a first responder.

The Batavia Police Department is looking to identify the person in this photo. We believe he might be able to assist us with a found wallet complaint.

If anyone knows who he is, please contact Officer Jamie Givens at 585-345-6350.

UPDATE 6:20 p.m.: The person has been identified and located by Batavia PD.

A chimney fire is reported at 9420 Warsaw Road, Le Roy.

Le Roy fire along with Bergen dispatched. City of Batavia Fast Team requested to the scene.

The house is charged with smoke and there's fire in the ceiling, according to a chief on scene.

UPDATE 4:29 p.m.: City fire first platoon requested to headquarters.

UPDATE 4:36 p.m.: The fire appears to be out. Checking for extension.

UPDATE 4:54 p.m.: Bergen can go back in service.

UPDATE 5:13 p.m.: Le Roy back in service.