Pete McQuillen is pushing forward once again with his plans to build a senior living community off Robbins Road in Le Roy, and if Thursday's Genesee County Planning Board meeting is any indication, he's going to face renewed opposition.

The board voted unanimously to recommend approval of a zoning change to allow the project to move forward.

McQuillen spoke to the board, and so did David Boyce, a Filmore Street resident who joined his neighbor, Town Supervisor Stephen Barbeau, in a lawsuit against the Village and the Town of Le Roy.

The lawsuit eventually led to the village concluding some of its procedures in approving the project were not in compliance with state law, which has left McQuillen with no choice but to start the approval process over.

Boyce said emphatically he is favor of the project, but then listed a series of complaints, that if completely addressed would completely nullify McQuillen's current plans.

Chief among Boyce's complaints is that in targeting 55-and-older residents, Robbins Nest Drive doesn't comply with the village master plan.

Boyce said the master plan calls for housing for the 30 to 55 age group, which is a primary source of spending.

He also said the project density is out of compliance with the master plan.

Jim Duval, county planning director, said staff has concluded the project does comply with the master plan.

Robbins Nest Drive must still go through several more steps of approval, including approval of a final plan, before McQuillen can proceed with construction.

Also, in another matter, the planning board recommended that the City of Batavia not approve a sign variance for Gold Rush at 4152 W. Main St., Batavia.

Owner Jim Vo put up several large promotional signs in windows in a belief that they complied with city ordinance. City code inspectors later told him the signs were out of compliance, even though they are similar in content and size to signs that had been allowed for a previous tenant.

Besides advertising his business, the signs are also important privacy screens for customers while they are in his store, he said.

However, Vo said he wants to be a good business neighbor and if he can't get approval for his signs, he'll find a way to comply with the code and meet his customers' expectations for privacy.

Nicholas J. Pascucci Jr. is indicted on a count of criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana. Pascucci is accused of possessing with the intent to sell 44 oxycodone tables on Nov. 25 in the Town of Le Roy.

Robert L. Ealey is indicted on a count of driving while ability impaired by the combined influence of drugs and alcohol and aggravated unlicensed operation. Ealey is accused of DWAI on Jan. 1, on Church Street, Le Roy. Ealey was previously convicted of DWI on Jan. 29, 2009.

MIchael D. Pacer is indicted on a felony of DWI and felony driving with a BAC of .08 or greater. Pacer is accused of driving drunk on Sweetland Road, Stafford, on Dec. 1. Pacer was convicted of DWI July 7, 2008.

Melvin G. Draper is indicted on a felony count of DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation, 1st. Draper is accused of driving drunk Oct. 29 while in the Town of Batavia. Draper was previously convicted of DWI on March 3, 2009.

The Grand Jury returned a "no bill" on the charge of aggravated criminal contempt against Eric M. Duda.

The Grand Jury returned a "no bill" on the charge of criminal contempt, 1st, against Jerry K. Scroger Jr.

A man wanted on a warrant for alleged petit larceny turned himself in to authorities today, reportedly because he had seen his picture on the home page of The Batavian.

Veshaun D. "Shortie" Thomas was jailed on $1,000 bail after surrendering to the Sheriff's Office.

Warrant Officer Eric Olsen said the Sheriff's Office received numerous tips about the whereabouts of Thomas as a result of the post on The Batavian, but added, "I really think it was your article that put the pressure on him to surrender."

The City of Batavia has begun a disciplinary proceeding against a pair of city firefighters who stand accused of participating in an illegal bookmaking operation and are charged with felonies under New York's racketeering law.

Gregory Phillips and Brian Bordinaro have been suspended without pay, according to City Manager Jason Molino.

Under civil service law, Phillips and Bordinaro are entitled to a disciplinary hearing within 30 days of being suspected without pay.

Bordinaro was suspended without pay on April 27, and Phillips on May 2.

The hearing officer will determine what sort of disciplinary action -- if any -- should be taken against the two men. Options range from fines to termination if the officer finds the firefighters guilty of misconduct.

Bordinaro  was within two years of retirement at the time of his suspension, and Phillips was about three years out. 

City officials declined to release the actual disciplinary documents. City Clerk Heidi Parker, who is the freedom of information officer for the city, cited the "fair trial" provision the Freedom of Information Law because the documents may contain information gathered by law enforcement that has not been released to the public.

When originally arrested in February, following a months-long investigation by detectives with the Local Drug Enforcement Task Force, Phillips and Bordinaro were charged with criminal possession of gambling records. Phillips was also accused of possessing a small amount of cocaine.

In April, the men were also charged with enterprise corruption. The provision is a Class B felony that serves as New York's anti-racketeering law. The charge carries a maximum possible prison term of eight-and-a-third to 25 years.

Arrested and charged with Phllips and Bordonaro was Lance Engel, a cook at the NYS vet's home in Batavia. No information has been obtained on his employment status.

There are no scheduled court appearances for the three men until October and  District Attorney Lawrence Friedman has yet to say whether his office will seek grand jury indictments or proceed in another manner with the case.

At their last court appearance, the attorneys for the three men were all given inches-thick documents containing alleged evidence of their gambling operation.

According to investigators, the operation handled more than $1 million in bets in a single year and generated about $70,000 in profits off the vig.

A 24-year-old Tracy Avenue resident was arrested today and accused of sexual contact with a teenager he knew.

Dennis D. Benson Jr., of 62 Tracy Ave., Batavia, is charged with three counts of criminal sexual act, 3rd.

Det. Charles Dudek conducted an investigation and arrested Benson at 7 a.m. following a traffic stop on Hartshorn Road, Pembroke.

The sexual contact is alleged to have taken place at Benson's residence on three separate occasions in March.

Benson was arraigned in Batavia City Court and released under supervision of the Probation Department.

A Springville man accused of stealing copper from a business in Corfu has a chance of getting out of jail today after his bail was reduced to $10,000 cash or bond.

Scott J. Taylor, 45, was originally jailed without bail after being arrested late Monday night on the property of Ed Arnold Scrap Processors on Angling Road.

Taylor was originally held without bail when he was arraigned in Pembroke Town Court because lower courts are required to hold suspects with prior felony convictions.

His attorney, Keith Perla, of Buffalo, asked for the bail review hearing and argued that Taylor should be released under supervision because Taylor has a history of making his court dates and lives on a farm where he cares for his elderly mother.

Assistant District Attorney Robert Zickl argued that bail for Taylor should be set at $50,000 because of his four prior felonies in four different counties -- all for similar crimes and wrapped into a single one-year prison sentence more than seven years ago -- and because Taylor faces being labled a persistent felony offender (meaning a longer jail term).

Zickl also said Taylor allegedly made statements indicating he has a compulsion to steal.

According to Perla, a report by Genesee Justice on Taylor said Taylor was eligible for release under supervision.

Zickl said the current grading system doesn't give sufficient weight to the multiple prior felonies.

Judge Robert C. Noonan said he helped draft the bail review point system and agreed it didn't put multiple prior felony convictions in proper context, but because for larceny type of crimes, he isn't likely to find a defendant a persistent felony offender, he didn't think a high bail was required.

Taylor is accused of entering the scrap yard five times in April and May. He is charged with four counts of grand larceny, 4th, one count of attempted grand larceny and five counts of criminal trespass, 3rd.

Wyatt J. Becker, 21 and facing five years in prison, told Judge Robert C. Noonan today that he's a changed man.

He said he's gone from only thinking of himself to seeing how he's hurt people and understanding their point of view.

"I can't believe how selfish I used to be," Becker said. "I don't know ho to make up for all of the damage I've done and how to say how much remorse I have for the victim and his family. Forgiveness shouldn't be granted for me for my words, but should be because of my future actions."

Becker promised Noonan he would never see him in court again. He read from a statement that appeared to be typed on a sheet of yellow legal paper.

On March 15, Becker entered a guilty plea to assault, 2nd, and DWI. As part of the plea deal, he as facing a maximum of five years in prison, and that's exactly the sentenced handed down by Noonan.

Becker was the driver in an Aug. 3 accident on Pike Road, Alexander, that seriously injured his passenger.

The accident led to the felony assault charge against Becker.

By November, Becker was a fugitive after missing an arraignment date in Noonan's court. He was arrested in December.

The five sober months Becker has spent in jail has given him a chance to reflect on his life and his bad choices, Becker told Noonan.

Noonan told Becker today that in reading his pre-sentencing report he noted the Becker claimed his actions in August were not out of the ordinary for a person his age.

Noonan disagreed.

"Any recognition or reflection on your conduct should start with the realization that your incarceration is the result of a lot of bad choices that are not reflective on the population as a whole," Noonan said. "The population on the whole is made up of a lot of 21 year olds who have never been in a courtroom and never will be in a courtroom."

The judge said he hoped by the time Becker gets out of jail, he'll realize that his peers, on the whole, are not engaging in conduct that gets them in trouble with the law.

An injury accident involving a bicyclist is reported between Tops Market and Batavia Marine on West Main Street. City of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:11 a.m.: City fire is back in service. The bicyclist is being transported to UMMC.

Press release:

Town of Batavia Town Clerk Teressa Morasco has been elected by her peers as a District Director for the New York State Town Clerks Association. This is a distinct and admirable honor bestowed only on a few clerks of the 932 towns throughout New York State.

In this leadership position, Morasco will mentor clerks and be a liaison between the counties of Alleghany, Genesee, Livingston, Monroe, Orleans, Wyoming and the state association. District Eight, which she will represent, will be well served by her experience. Her term will run from July 1, 2012 to June 30, 2015.

A one-vehicle rollover is reported Old Creek Road near Brookville Road. The driver is trapped inside and water from the creek is starting to seep into the vehicle. Alexander Fire Department is responding.

UPDATE 9:10 a.m.: The driver is now out of the vehicle. A medic is needed.

UPDATE 9:30 a.m.: The driver is not injured, but because she is a minor, age 17, she must be transported to the hospital for evaluation. Alexander is back in service. The car is still in the ditch. Law enforcement is on scene. A tow truck is dispatched.

UPDATE 9:38 a.m.: The driver is being taken to UMMC. She is said to have no complaints.

A 45-year-old Springville man is accused of stealing scrap from a Corfu business at least four times in the past month and was caught on his alleged fifth attempt late Monday night.

Taken into custody was Scott J. Taylor, of Sharp Street, Springville.

Management and employees of Ed Arnold Scrap Processors were reportedly monitoring the secured scrap yard late Monday night when Taylor allegedly entered the yard.

The Sheriff's Office was called and uniformed deputies and plain clothes detectives, along with the Village of Corfu PD, responded.

Employees detained Taylor when he allegedly tried to flee.

Taylor was taken into custody by law enforcement without further incident.

He is accused of entering the scrap yard four previous times in April and May and he was charged with four counts of grand larceny, 4th, one count of attempted grand larceny and five counts of criminal trespass, 3rd.

Taylor was arraigned and jailed without bail.

Patrick M. Holler, 58, of 14713 Holley Road, Albion, is charged with DWI, aggravated unlicensed operation, 3rd, and open container. At 7:40 a.m., Tuesday, deputies responded to a report of a 1994 Chevy Astro van being driven on Lewiston Road by a driver who was consuming alcohol. Holler allegedly refused to submit to a breath test after being stopped.

Joel David Prouty, 25, of West Main Street, Batavia, is charged with criminal contempt. Prouty is accused of sending a letter to a protected person.

Shawn Richard McGiveron, 23, of Marble Road, Akron, is charged with criminal contempt, 1st, criminal mischief, 4th, and harassment, 2nd. McGiveron is accused of engaging in a fight with a protected person and damaging that person's property.

A driver says his shoe got caught on the gas pedal as he was leaving the M&T Bank in Oakfield at 9:11 a.m., Monday, causing his car to accelerate and strike another vehicle.

The other car was flipped onto its side and the driver suffered minor injuries.

Frank J. Mosco, 85, of Orchard Street, Oakfield, was cited for allegedly failure to yield right-of-way.

Injured was F.A. Burdick, 38, of Byron.

Mosco was driving a 2006 Buick sedan. Burdick was in a 2011 Dodge SUV.

A third car, a 1990 Chevy sedan owned by Michael J. Dulkevich, of Basom, was struck by Burdick's car.

The accident was investigated by Deputy Chris Parker.

(Initial report)

It was a big event last summer and it promises to be a bigger event in 2012, in large part because it's moving downtown.

The 2nd annual WNY Round-Up Rally will occupy Jackson Street and could bring thousands of bikers and motorcycle enthusiasts to Batavia.

"Everybody watched how the event came off last year and we approached the city this year they said, 'we want it downtown, we want people to see our city,'" said Dave Kasinski, who is organizing the event.

Jackson Street will be closed Aug. 10, 11 and 12 for the rally.

The event will include live music, food, vendors, games and, of course, lots of motorcycles.

"Being able to walk down a row of 100 bikes and see all of the different types and models and different do-dads, that's an event in itself," Kasinski said.

City Manager Jason Molino said city officials are very excited that the event is moving downtown (last year it was held at the Clarion Hotel) and praised Kasinski and his team as very organized and professional.

"If it's a nice day out, you could see thousands of people coming to downtown," Molino said.

The event falls a week before Summer in the City and Kasinksi said his organization is ensuring Summer in the City is also promoted on the rally's marketing material, and that the two events should work together well.

Kasinski said he hopes downtown businesses will sponsor and otherwise support the event, which he said would help tremendously in how it's perceived by vendors and attendees, which will help the event grow in future years.

Putting the rally downtown is important, Kasinski said, because it makes the event easier to walk and easier for people to get to and provides more amenities for attendees.

"Every rally we go to throughout the Northeast are held in downtowns," Kasinski said. "It's more convenient and it's easier to see a lot of stuff when it's all in one location."

Jackson Elementary School Principal Shawn Clark will be the featured speaker at the next free spaghetti dinner, “Pasta for Peace,” at 6:30 p.m., on Thursday, May 17, at the First Presbyterian Church, 300 E. Main St., in Batavia.

The subject will be “No Room for Bullying.” He is slated to become principal at Batavia High School in September.

Clark says, “Bullying has short- and long-term affects for both the student who is bullied and the student who bullies. Students who are bullied often have low self-esteem, depression and anxiety, higher absenteeism, lower school achievement, higher rates of suicidal ideation, and higher rates of illness.

"New research reports that bullying actually ages kids. Children who bully are more likely to get into fights, steal, vandalize, drink alcohol, smoke, be truant, drop out of school, perform poorly in school, perceive a negative climate in school, and carry a weapon.”

While in existence for a long time, he says that bullying has now become a greater problem and is not relegated to the schoolyard.

“Bullying is more widespread, mostly due to technology and social media," the principal said. "The issues continue after school and on weekends and vacations.”

Acknowledged as a leader in the hard work to create a more peaceful place of learning, he says, “I became interested in this issue because I see firsthand how it impacts students and their parents. Some students have taken their own lives because of bullying. That is a tragedy.”

Such a tragedy occurred last year in Williamsville.

Clark is encouraged by developments in the Batavia School District.

“I feel that our district is doing wonderful work with our anti-bullying programming. We need to keep this as a priority in the future. The district is currently preparing for its second annual student survey. The survey will inform the district how the students feel about this issue and where the district needs to focus its efforts.

Pasta for Peace is sponsored by Pax Christi Genesee County. Pax Christi has its roots in the Catholic Peace Movement, but operates on an interfaith basis locally. For more information on Pax Christi in Western New York, see paxchristiwny.weebly.com.

Michael J. Hilton is lucky to be alive, one of his crime victims told him in Genesee County Court this morning.

Hilton admitted to second-degree burglary on March 14 and was in court today for sentencing. He received the maximum available under his plea deal: 10 years in state prison.

The 20-year-old Batavia and Le Roy resident broke into a home on Swan Street with accomplice Kurt Hawkins in September and the owner awoke to find Hilton in his room standing next to his gun cabinet.

"He didn't realize how close he came to dying that night," the local resident told Judge Robert C. Noonan. "I had a shotgun shell in my hand. I realized I couldn't get to my gun. I thought I would choke him, but I couldn't catch him. I'm glad I didn't because I would have had to live with that."

The resident said his daughter still has trouble sleeping at night because of the trauma of the break-in.

When Hilton was asked if he had anything to say, he turned and faced the victim and said, "I'm sorry."

As Hilton spoke, he began to tear up, and was sobbing as he addressed the victim's family.

"I sincerely apologize for what I put you and your family through," Hilton said. "I'm honestly sorry. I should have known better than to make the choice I made. I'm sorry.

"I'd also like to say to my family, I'm sorry," Hilton added. "I'm sorry for all the things I put you through. I know you don't need to be here now wasting your time for me because I'm nothing. I thank you for supporting me, for being here even though I don't deserve it."

Typically, defendants who apologize in court become indignant after receiving a harsh sentence from Noonan, but not Hilton. He continued to hang his head and wipe away tears.

After the hearing, the victim said he believed Hilton was sincere.

"I felt he was very remorseful," the resident said. "I almost felt bad for him just for a split second. That went away fast.

"I wish my wife had been here to see how he felt," the resident added. "She's just getting to where she can sleep at night. She didn't want to see him because when he ran out of the bedroom, he was this close to her, like you and I are right now. I wish she could have been here to see for herself."

Noonan agreed with the victim that HIlton is lucky to be alive.

"(The victim) said you came close to being killed and you know what, the law would protect (him) for doing that," Noonan said. "There's been lots of publicity about this case in Florida, but that is not your case. This is not a stand-your-ground case, because New York has allowed people to protect themselves in their own home forever. It has always been the right of a victim to kill an intruder."

Both Jerry Ader, Hilton's attorney, and Noonan noted that Hilton had a rough childhood.

"I don't know if you know this or not, but before I sentence anyone for any crime, including serious crimes like the one you're convicted of, I receive lots and lots of information about the person's background and history," Noonan said.

"It starts at birth and includes school records and medical records. Your story is a very sad story. You've had some horrible things happen in your life and I don't want you to think it's gone unnoticed."

But, Noonan said, considering the crimes Hilton committed, if not for that background, Noonan never would have allowed the plea deal Hitlon received. He would have required Hilton to face a jury and if convicted of the three possible burglary charges he could have been tried on, faced a much longer prison term than 10 years.

Before he left the courtroom, Hilton looked at his family members one more time and then hung his head and walked toward the door and out of the courtroom.

A car fire is reported at Route 19 and the railroad tracks in the Village of Bergen. Bergen Fire Department is responding.

UPDATE 12:48 p.m.: The owner of the vehicle called dispatch and said the car is not on fire it has just overheated. Engine 27 is on location to check things out nonetheless.

UPDATE 12:51 p.m.: A firefighter confirms the car is overheated. Engine 27 is back in service.

Years ago, O'Lacy's co-owner Kent Ewell was concerned about his customers getting tickets for parking overnight in the lot across from his pub on School Street.

Ewell marched down to city hall and complained and, he said, and the tickets stopped.

Now, they're starting again and he's none too happy about it.

"I don't think it's the right way to look at the situation," Ewell said. "Somebody has made a good decision not to drive and they get a ticket."

Bar owners downtown say it's not unusual for customers to have an unexpected drink, have one more than they planned, run into an old buddy leading to a later night, or have some other circumstance change, and find themselves walking home, taking a cab or getting a ride from a friend.

Derek Geib, co-owner of Bourbon & Burger Co. on Jackson Street, said he's worried that human nature being what it is, some people will make an incorrect calculation and risk a possible DWI charge, costing hundreds if not thousands of dollars, when confronted with the certainty of a $25 ticket.

"It encourages drinking and driving," Geib said. "They're going to do it every time because that's the way people think."

One of Geib's employees and one of his customers have received tickets so far.

City Manager Jason Molino stands by the city's decision to enforce downtown parking regulations. He said it's necessary to ensure transient trucks, RVs, abandoned vehicles and such don't clutter the parking lot, and during the winter, maintain control of what vehicles are in the lots.

He said so far there's been good compliance, with apartment tenants buying the necessary permits and fewer cars without permits being left overnight.

As for bar patrons, Molino said there is an appeal process and any patron receiving a ticket is welcome to submit the ticket to the city for review.

"Discretion will be exercised if needed," Molino said. "But I would suggest that somebody make better arrangements (when going to bars).

Ken Mistler, owner of the former South Beach and soon-to-be City Slickers said that's not good enough.

"I'm concerned because if a customer finds a ticket he's not going to say anything, he's just going to be discouraged from coming back," Mistler said.

According to Mistler, he's been told by the city that only cars that are seen in the lots on a regular basis but don't have permits will receive tickets, but even then, he said, that is still a potential problem with customers.

"I hope I have lots of repeat business," Mistler said.

Local resident John Condello has started a petition that will be presented to the city council at its June 14 meeting, he said. The petition is available at any downtown restaurant, he said.

A lot has changed in downtown since the current downtown parking regulations were written into law and city officials should reexamine the rules, Ewell said.

"They were written before there was an O'Lacy's, before there was a South Beach, before there was a Larry's," Ewell said. "There was only the Candlelight."

The price of the $25 ticket is about six gallons of gas at today's prices, Ewell said, which is just about the amount somebody might spend to get from Brockport to Batavia, or just enough to discourage a trip from out of the county to enjoy a night on the town in Batavia.

The bar owners we spoke with all believe the new enforcement effort is just an attempt by the city to generate more revenue.

"You can tell it is because there was no plan, no questions (of local businesses), they just started ticketing," Ewell said. "That just leads me to believe they said, 'let's just get the money.' "