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Le Roy

Law and Order: Le Roy man accused of offering cigarettes for sex with a teen

By Howard B. Owens

Thomas J. Hutton, 28, 9624 Clipnock Road, Stafford, is charged with forcible touching and endangering the welfare of a child. Hutton is accused of forcibly touching/grabbing the intimate parts of a person under age 17 in October. In a separate incident, Hutton is accused of offering cigarettes to a child under 17 in exchange for a sexual act. Following arraignment, Hutton was placed under the supervision of Genesee Justice.

Carrie Quashaye Blunt, 19, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny and unlawful possession of marijuana. Blunt is accused of shoplifting from Walmart. Blunt was taken into custody following an alleged verbal confrontation with a store employee. During the investigation, Blunt was allegedly found to have marijuana concealed in her purse.

Former Batavia resident with multiple criminal charges strikes plea deal

By Howard B. Owens

A 29-year-old Genesee County resident with multiple arrests over the past couple of years could get up to five years in prison as part of a plea deal.

In county court on Thursday, Robert J. Eppolito, most recently of Church Street in Le Roy, entered a guilty plea to criminal contempt, 1st, with a negotiated prison term of one to three years.

Eppolito is also charged with assault, 2nd, for allegedly punching and kicking a person during a confrontation in September in Le Roy.

Public Defender Gary Horton, representing Eppolito on the assault charge, said a plea agreement is in place, including a plea on the criminal contempt charge, that could lock Eppolito up for a maximum of five years.

The two sentences -- for criminal contempt and for the alleged assault -- would be served concurrently.

Eppolito is expected in court next week to answer to the second-degree assault charge.

The cases are separated because they are unrelated.

In court Thursday, Eppolito admitted that he violated a court order by being with a protected person and by drinking alcohol.

Sentencing will take place at 9 a.m., April 23.

Eppolito is being held in the Genesee County Jail.

Four local students make the Deans' List at Paul Smith's College

By Billie Owens

Four local students were named to the Deans' List at Paul Smith's College during the fall 2011 semester. Each earned a semester average of 3.3 or higher to receive this distinction. They are:

Craig Holland, of Bergen

Alison Liedkie, of Le Roy. She was also named an Adirondack Scholar, having achieved a cumulative average of at least 3.8.

Mercedes Mosher, of Le Roy

Benjamin Nicodemus, of Le Roy. He was also named an Adirondack Scholar, having achieved a cumulative average of at least 3.8.

Paul Smith's College is on the shores of Lower St. Regis Lake. It's the only four-year institution of higher education in the 6-million-acre Adirondack Park of New York State.

It offers programs in fields including hospitality, culinary arts, forestry, natural resources, entrepreneurship, the sciences, and several others, and draws on industries and resources available "in our own backyard" while preparing students for successful careers anywhere. On the web: www.paulsmiths.edu.

Le Roy High School senior receives $15,700 annual scholarship

By Billie Owens

Hannah Presher, of LeRoy, has been awarded approximately $15,700 per year for the "Excellence in Education Scholarship" to attend Alfred State College.

She is slated to graduate in 2012 from Le Roy Jr. / Sr. High School and intends to enroll in the nursing program.

The "Excellence in Education Scholarship" (free tuition, room [double occupancy] and board) is awarded to students who possess a 93 or better high school grade-point average through their junior year and who have achieved at least a 1,200 combined SAT score or a composite ACT score of 26; students must apply for financial aid. Recipients must maintain a required GPA to continue to receive funding in subsequent semesters.

Fully accredited by the Middle States Association of Colleges and Schools, Alfred State offers some 52 associate degree programs, 19 baccalaureate degree programs, and three certificate programs.

Doctor treating Le Roy girls appears on national TV and says the diagnosis is 'conversion disorder'

By Howard B. Owens

A doctor who has treated 11 of the 12 girls in Le Roy who have been suffering from tic symptons appeared on NBC's Today Show on Wednesday morning and shared their diagnosis.

It's "conversion disorder," or "mass hysteria," he said.

“It’s happened before all around the world, different parts of the world," said Dr. Laszlo L. Mechtler, of the DENT Neurologic Institute in Amherst (there's also an office in Batavia). "It’s a rare phenomena. Physicians are intrigued about it, but the bottom line is, these girls will get better.” 

The school district also released (though we have not obtained yet) a report completed in December by a private environmental testing firm that says, according to NBC, no possible environmental causes were found on school grounds or in school buildings.

Brooke Dupont, one of the 12 students who has suffered from tics, appeared on the Today Show, along with her father, Jim Dupont.

"Obviously, not all of us are accepting that this is just a stress thing," Jim said. "Our kids didn’t all get sick by coincidence. It’s heart wrenching because you feel that your daughter is not going to be able to have a normal life."

Brooke said that even though her symptoms have nearly disappeared, she is worried they might come back.

"It is really frustrating because I would like to know why this is happening and fix it," Brooke said.

UPDATE 8:40 a.m.: The school district's statement is here, plus a PDF of Indoor Air Quality Report and PDF of the Mold Report.

Alfred State College announces Deans' List for the fall 2011 semester

By Billie Owens

Stephen J. Havlovic, vice president for academic affairs at Alfred State College, has announced the Deans' List of students for the fall 2011 semester.

Students from both the Alfred campus and the School of Applied Technology campus in Wellsville are selected for the Deans' List if they maintain a 3.50 grade-point average (GPA) out of a possible 4.0. The 4.0 GPA or straight "A" students are indicated with an asterisk (*).

The following Genesee County students were among those recognized:

Brandon Richardson, of Basom

*Nicole Binns, of Corfu

Ethan Willard, of Darien Center

*Kailynn Stacy,  of Elba

Nicholas Weibel, of Elba

*John Langdon, of Bergen

Quentin Humphrey, of Le Roy

Morgan Presher, of Le Roy

Edward Cigno, of Le Roy

*Christopher Locke, of Le Roy

*Christian Dermody, of Linwood

Thomas Parmenter, of Pavilion

Alfred State College offers associate degrees in 52 programs in the fields of agriculture, health, business, vocational, and engineering technology, as well as liberal arts and sciences. There are also 19 baccalaureate degree offerings.

Two-car accident reported on Lake Street in the Village of Le Roy

By Howard B. Owens

A two-car accident has been reported in the area of 87 Lake St., Le Roy, with one person having a possible leg injury.

The cars are blocking.

Le Roy Fire Department and Le Roy Ambulance Service dispatched.

UPDATE 9:14 a.m.: No injuries. Le Roy ambulance back in service.

UPDATE 9:38 a.m.: Le Roy fire back in service. Lake Street reopened.


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Two teens from Le Roy appear on NBC to talk about tic symptons

By Howard B. Owens

Two Le Roy High School students, with their mothers, appeared on NBC's "Today Show" on Tuesday morning to talk about the tic symptoms they've been experiencing and the response to the issue from state health officials.

The segment opened with a feature report on the two girls and what's been going on at Le Roy HS, followed by an interview with Ann Curry.

Thera Sanchez and Katie Krautworst, with their respective mothers Melissa Philips and Beth Miller, were on the set with Curry, along with Dr. Gail Saltz, a mental health specialist.

Curry opened by asking Thera if the situation made her angry, and she said it did, "and frustrated."

Curry asked Philips, Thera's mother, "When the state says there's no environmental factors, that there's no infectious disease, as a mom, what are you thinking?" 

"Where's the proof? Where's the data? Where's the testing? When has this been done?" Philips asked.

"You've not been shown any data?" Curry asked.

"No, nothing."

Miller said she's requested the data, "so we can find a cure for our daughters."

Curry: "Why do you disbelieve what the state is telling you, that this has to be something else?"

"Nothing's been done collectively for our daughters," Philips said. "Everything's been done individually. The testing they say they've had, they have not had. The facts they're stating are just untrue."

Thera said the only thing she's been told is that the tics are stress induced.

Katie said, "They told us that it was traumatic, but I don't think any of us had that traumatic of a life before and that it would randomly happen."

When Curry turned to Saltz, the doctor said that having just met the young women, she could not make a diagnosis, however, since environmental factors have been ruled out and infectious disease has been ruled out, that leaves psychological factors.

Saltz said it could be conversion disorder, which is something psychosomatic.

"It’s important for me to say that’s not fake," Saltz said. "They're  not faking it. They’re real symptoms that are not under their control, that they’re really experiencing. They’re psychologically driven and they need a psychiatric or psychological treatment and treatment does work."

Curry said, "but it's 12 girls," and Saltz started to say, "It can ..." but Curry cut her off and asked Thera what she wanted out of appearing on the Today Show.

"I want an answer and I want a straight answer," Thera said. "I’ve had psychological treatment. They say this is stress induced. (unintelligible) my psychological treatment, all that does is stress me out more and then I get worse."

Law and Order: DWI arrest in Le Roy

By Howard B. Owens

Thomas J. Smith, 23, of 8048 E. Main Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a controlled substance, 7th. Smith was stopped at 2:12 a.m. Saturday on Lake Street, Le Roy, by Le Roy Police.

A 17-year-old of South Lake Road, Pembroke, is charged with unlawful possession of marijuana and possession/consumption of alcohol under age 21. The youth was allegedly found by Deputy Patrick Reeves to have concealed a quanity of marijuana and alcohol in a duffle bag during a traffic stop on Main Road, Pembroke.

Brandi Elizabeth Schmiedicker, 18, of Genesee Street, Darien, is charged with unlawful dealing with a child. Schmiedicker is accused of hosting an underage drinking party, which was reported through Tipline.

Paul M. Flis, 19, of Salisbury Lane, Blasdell, is charged with DWI and driving with a BAC of .08 or greater. Flis was allegedly found behind the wheel in a stopped vehicle on Genesee Street, Darien, at 4:19 a.m. Sunday, by Deputy Kevin McCarthy.

'Hammer Head' 'incense' blamed for seizure of youth in Le Roy

By Howard B. Owens

UPDATED 3:27 p.m.

Emergency personnel were dispatched Saturday night to an address on Gilbert Street in Le Roy for a report of a youth having a seizure.

Le Roy Ambulance and Le Roy PD arrived on scene and learned that the seizure victim had allegedly smoked "Hammer Head," advertised as "incense" and "not for human consumption."

While on scene, police took into custody Tyler F. Longhini, 20, of 12 Myrtle St., for alleged underage possession of alcohol with intent to consume.

Longhini reportedly agreed to a breath test and allegedly blew a .19 BAC.

Police report that Longhini admitted to consuming Black Velvet whiskey while in the parking lot of McDonald's in the hours prior to police being dispatched to Gilbert Street.

Longhini was issued an appearance ticket and turned over to his grandmother.

Officer Emily Clark said there were three people at the Gilbert Street residence who said they had smoked the "incense," but only one of them suffered a seizure.

She said one of the people on scene said that the "Hammer Head" was purchased at a retail store on the Tonawanda Indian Reservation.

The seizure victim was transported to the hospital by Le Roy Ambulance and the remaining "Hammer Head" product was sent with the patient for medical personnel information.

Clark said this is the first time she's responded to the scene of a medical problem allegedly related to consumption of puportedly synthetic marijuana; however, she has responded to the scene of medical situations involving so called "bath salts." She said she's heard that other members of her department have responded to similar cases.

The victim's name has not been released and we have no information on his or her condition.

Previously: Potentially dangerous synthetic drugs readily available in Genesee County

Car strikes bridge support, children in backseat

By Billie Owens

A vehicle has reportedly smashed into a bridge support on westbound 490 at mile marker 3.1 and the Route 33A overpass. It is wedged into the support and there are a couple of children in the backseat who may need extrication. Bergen Fire Department and Mercy medics are responding. Le Roy Fire Department is also standing by in quarters.

UPDATE 8:56 p.m.: Le Roy is back in service. A flatbed tow truck is called to the scene. There are no serious injuries.

UPDATE 9:02 p.m.: Bergen is put back in service.

SUNY Geneseo names eight local students to Deans' List

By Billie Owens

The State University of New York at Geneseo has announced its Deans' List for the fall semester 2011. To be on the list, a student must have achieved a 3.5 grade-point average while taking at least 12 credit hours.

Students on the list from this area are:

  • Clarisse Birkby, from Corfu
  • Alaina Chapman, from Corfu
  • Kelsey Scott, from Elba
  • Alex DiFrancisco, from Le Roy
  • Brittany Fiato, from Le Roy
  • Briana Pangrazio, from Le Roy
  • Hali Plummer, from Le Roy
  • Cory Green, from Pavilion

SUNY Geneseo is a public liberal arts college recognized nationally for excellence in undergraduate education and for its professional and master's level programs. The college combines a rigorous curriculum and a rich co-curricular life to create a learning-centered environment.

Law and Order: Wood Street resident accused of making up stabbing claims

By Howard B. Owens

Dale A. Swiatowy Jr., 36, of 16 Wood St., Batavia, is charged with two counts of falsely reporting an incident, 3rd. Swiatowy allegedly claimed on Dec. 20 that a man attempted to rob him near Evans Street, cutting him with a knife. On Dec. 23, Swiatowy allegedly reported being stabbed while being robbed on Liberty Street. An investigation by Batavia PD and Investigator Chris Erion of the Sheriff's Office revealed that both reports were allegedly untrue and that the wounds were self-inflicted. (Dec. 20 report; Dec 23 report)

James Russell Hughes, 52, of Oatka Trail, Le Roy, is charged with assault, 3rd. Hughes is accused of head-butting a woman during a domestic incident Jan. 2. An order of protection was issued for the woman at Hughes's arraignment.

Donna L. Richardson, 59, of 43 Main St., Le Roy, is charged with DWI and driving on a suspended registration. Richardson was stopped Thursday evening in the Village of Le Roy by Le Roy Police.

Grand Jury Report: Man accused of stealing $31K in material from Le Roy business

By Howard B. Owens

Tony R. Smith is indicted on a count of grand larceny, 3rd. Smith is accused of stealing property valued at about $31,000 from a business on Gilbert Street in Le Roy, including boxes containing brass draw lead nuts, copper draw lead terminals and aluminum blocks, between May and July 2011.

Roy K. Way is indicted on counts of felony DWI and and felony driving with a BAC of .18 or greater. Way is accused of driving while drunk on South Pearl Street and Brooklyn Avenue in Batavia on Sept. 12.

Sara K. McCabe is indicted on a count of felony DWI, three counts of aggravated DWI (driving drunk with a child 15 or under in the car) and one count of operating a motor vehicle without a required interlock device. McCabe is accused of driving drunk with children in the car in the parking lot of McDonald's in Le Roy on Aug. 25.

Five local Nazareth College students make the Deans' List

By Billie Owens

Nazareth College is proud to announce the following students have earned Deans' List honors for the Fall 2011 semester:

  • Kate Miano, of Corfu, who is studying Psychology

 

  • Meagan Lamendola, of Stafford, who is studying Business Administration

 

  • Karisa Kobel, of Bergen, who is studying Health Sciences

 

  • Brogan O'Halloran, of Le Roy, who is studying Music Therapy

 

  • Colleen Swinton, of South Byron, who is studying Health Sciences

A student's grade-point average must be at least 3.5 or above, and they must complete 12 credit hours of graded work that semester in order to be included on the list.

Founded in 1924, Nazareth College is located on a close-knit, suburban campus in the dynamic, metropolitan region of Rochester. It offers challenging academic programs in the liberal arts and sciences and professional programs in health and human services, education, and management.

State health officials discuss outbreak of tics in Le Roy, but say they can't share the cause

By Howard B. Owens

In a community meeting Wednesday night to discuss an unusual outbreak of tics among female students at Le Roy High School, a state health official steadfastly refused to reveal the cause of the outbreak.

Citing not just HIPPA as a reason for keeping the diagnosis of 11 girls private, Dr. Gregory Young said that as a matter of principle he didn't want to see the girls "labeled" by what their doctor has found.

Young, from the NYS Department of Health, said the cause (or causes) isn't related to the environment; it isn't anything a person "catches"; it doesn't come from exposure to something, or from anything ingested. Nor does the cause stem from prescribed drugs or illicit drugs.

State health officials know what is behind the outbreak, but Young would not disclose it. Yet he tried to reassure parents that it's safe to send their children to school.

In all, according to Young -- though some in the audience disputed the number -- at least 11 girls have come down with the "tic manifestations" (Young cautioned against calling it a syndrome). 

The doctor's explanation, and a stone barrier he put up regarding the cause, didn't go over well with parents or students.

James Dupont Jr. spoke passionately about the need for officials to be more forthcoming about what physicians have found. Dupont complained that although Young said the cause has been diagnosed, nobody's told him what caused his daughter to develop tics.

After he spoke, he went into hallway and was mobbed by reporters.

"We all have to respect that (keeping medical information private), but I tell you what, if my daughter had a diagnosis and I knew that, as a parent, I would tell you -- because I’m not a doctor and I don’t care about HIPPA," Dupont said. "I care about getting these kids better or finding what’s causing it so it doesn’t get any worse."

Later, from the back of the auditorium, Dupont called out Young on his repeated insistance that a diagnosis has been completed for the 11 students. 

Dupont asked parents in attendance whose daughters had developed tics to raise their hands. More than a half dozen adults raised their hands. Then Dupont asked how many had been told by their daughters' doctors what caused the tics. Several said they had not been given a diagnosis.

One parent spoke up and said he was told the cause was "conversion disorder."

Young said he couldn't respond to that comment.

Conversion disorder is a neurosis usually brought on difficulties in a person's life, according to Wikipedia. It is marked by numbness, blindness, paralysis or fits. Britannica.com lists tics as a manifestation of conversion disorder.

After more questioning about conversion disorder, Thomas Wallace, from the state's mental health office, said it isn't really a diagnosis. He said it can be a symptom of other issues and that it can be found in clusters of patients.

The number of patients is not out of line with national statistics for tic manifestations among a group of 500 youngsters (in fact, in a group of 500, there should be at least 20 children with tics, based on national statistics).

What is unusual, he said, is that all of the patients are girls (boys develop tics at a 4-1 ratio over girls, according to national statics, Young said) and that they all developed the manifestations at about the same time.

Several students got up to ask questions or speak out, including a girl who said her name was Jessica.

"You think it's unethical for you not to give us the cause," Jessica said. "I think it's wrong for you not to tell us."

"If you were one of the individuals involved, you might feel differently," Young shot back.

"We're friends with these people," Jessica said. "Half of them haven't even been diagnosed yet. You're not telling us the truth because you don't really know what's going on."

Young repeated that he feels uncomfortable sharing private medical information. Later, he spoke about how he's always hated bureaucrats and he realized he was being one, but he said he simply couldn't share private medical information.

The one commonality Young said he could share was that all of the girls showed a greater manifestation during times of stress.

It's not unusual, he said, for people to manifest tics in time of stress, and there are a lot of stress factors in a young person's life. All people deal with stress differently, but it's well documented that stress can cause a number of physical reactions.

One big stresser for kids today is social media.

"There's a lot that goes on in social media today that parents don't know about, that schools don't know about," said Young, noting that the community meeting coincides with the start of the school session, and the students susceptible to tics will be under a new round of stress.

Just announcing the meeting created stress for the students involved, he said, and parents should be prepared for an increase of tic activity as reports about the meeting hit the media.

Dupont and other parents afterward said they don't believe it all boils down to stress especially since, for some of the students, the tics don't seem to become less frequent when school is out (though one mother who spoke said her daughter didn't have tics over Christmas vacation).

Among Dupont's suggestions is that a parent support group be formed. Then, perhaps, parents could share more information and find commonalities among their daughters (not all of the girls know each other or necessarily had contact with each other prior to the tic manifestations arising).

Young agreed this would be a good idea and also said that in a closed group of just the parents involved, he could speak more freely about what physicians have found.

UPDATE AND CLARIFICATION: The mention of types of drugs above wasn't meant to exclude from the meaning, as it does, that designer drugs weren't investigated as a cause. They were and subsequently ruled out as a cause. PANDAS has been ruled out as a cause. HPV vaccine has also been ruled out as a cause, according to Dr. Young. ODD or ADHD can make a child more susceptible to tics, but that isn't a cause. One thing Young intimated is that there is no one cause for all the girls.

Law and Order: Trio charged with trespass at College Village

By Howard B. Owens

David L. Andrews, 24, and Tyshawn T. Ferguson, 21, both of Holland Avenue, Batavia, along with Deylon A. Bovell, 20, of East Main Street, Batavia, are charged with trespass. Andrews, Ferguson and Bovell were allegedly found at College Village after being banned from the property.

Donald Eugene Cameron, 52, of York Road, Le Roy, is charged with harassment, 2nd. Cameron is accused of slapping another person in the head.

Expert to discuss tic outbreak in Le Roy at meeting scheduled Wednesday

By Howard B. Owens

With parents in Le Roy still concerned about what might have caused a small number of teenage girls to develop tics, the school district has announced a public meeting at 7 p.m. Wednesday, where officials from various health agencies will discuss what they know at this point.

It's unclear if any definitive findings will be shared at the meeting.

According to the district's website:

The District continues to work with medical specialists, the State and County Health Departments, and the County and State Office of Mental Health during this ongoing investigation. Representatives from these organizations will be sharing the latest details about the investigation with the community.

The meeting will be held in the Jr./Sr. high school auditorium.

Today, The Batavian spoke with Dr. Jonathan Mink, chief of child neurology at the University of Rochester Medical Center and co-chair of the scientific advisory board of the Tourette Syndrome Association.

Mink said while he's followed coverage of the situation in Le Roy, he hasn't been directly involved. He has spoken with colleagues who have patients among the group of students displaying the tics.

The tics -- involuntary muscle movements -- have led some media reports to categorize the situation as some sort of outbreak of Tourette Syndrome.

Mink said it's highly unlikely that it's Tourette's.

While one-in-four to one-in-five children develop tics at some point in their young life, the tics usually end after a year or less. It's very unusual for teenagers to develop a new onset of tics, he said.

Less than .6 percent of children develop Tourette Syndrome, and almost never after becoming teens.

While it's possible that one or two teenage girls in Le Roy had Tourette's and developed more pronounced symptoms in high school, the chances of the six or seven girls who have reportedly developed the symptoms are incredibly slim.

Tourette Syndrome is also three or four times more likely to strike boys. It's an inherited disorder and not caused by environmental conditions.

At one time, some scientists speculated that strep infections could cause Tourette's, but new research has proven that isn't the case, Mink said.

It's also possible for other neurological disorders to cause tics, but based on what Mink knows about the situation, the symptoms of other underlying neurological problems are not present in these cases.

As for environmental causes, that isn't likely either, Mink said.

There just isn't much scientific evidence for environmental factors causing tics.

"It's extremely unlikely that anything in the air, in the water or in the food they've eaten is the cause of tics," Mink said.

As for something the students might have ingested, such as stimulants, Mink said such a cause is also unlikely. It would take significant dosage of any drug, prescribed or not, to cause tics and then other behavioral changes would be apparent.

Which leaves one other known cause of tics: Stress.

Mink said he doesn't want to leave the impression that he is characterizing the situation in any way involving the girls in Le Roy, but people have different ways of responding to stress -- some people sweat, some develop diseases, some heart conditions, and some develop tics.

If a teenager has a propensity toward tics, elevated stress could make them more pronounced.

A tic isn't a habit, Mink said, but it's like a habit in that a person susceptible to tics might take on the tics of another person when exposed to that person.

"A person gets exposed to those symptoms and they take on those symptoms," Mink said. "It may be that the stresses of everyday life and how these girls deal with stress (that is the cause)."

It's possible, he said, that one or two girls had Tourette Syndrome, the symptoms grew more pronounced and the other girls picked up the "habits" of the girls with Tourette's. Or maybe none of them have Tourette's, but the tics got passed along like habits nonetheless.

"I don't have reason to believe there is any kind of infection that would cause an outbreak like this," Mink said near the end of our conversation. "While the cause is unclear, there is no reason to think there is any kind of public health threat."

Town of Le Roy named as defendent in lawsuit by new town supervisor

By Howard B. Owens

The Town of Le Roy Planning Board has been named in a lawsuit that attempts to block construction of a senior housing development off Robbins Road.

One of the plaintiff's in the suit, Stephen Barbeau, is the newly elected town supervisor.

The owner of the planned development, Le Roy resident Pete McQuillen, thinks Le Roy residents should know that Barbeau is using town resources to fight a battle against a project that has already been approved.

"I don’t think it’s right that after the boards that have been elected or appointed have done their due diligence and made recommendations and passed resolutions that it should be fought again by the new town supervisor," McQuillen said.

The Batavian left phone messages for Barbeau on Wednesday of last week and again this afternoon. He has not returned our calls.

While it is the town's planning board that is being sued -- along with the Village of Le Roy and McQuillen -- as supervisor, Barbeau would normally be expected to have oversight over the expenditures related to a lawsuit and consult with the attorney.

In this case, McQuillen claimed, the town and village boards will need to hire outside council to represent them and the town's funds will come out of the budget Barbeau helps write and approve.

"The taxpayers shouldn't have to spend money defending a project that the town and village have already approved," McQuillen said.

The project is known as Robbins Nest Drive and is located east of Robbins Road and south of Filmore Street on the south side of the village. It will feature 26 single-family homes on 13.1 acres, walking trails and a community garden.

The single-story units will be sold to people 55 and older, with an expected asking price of from $130,000 to $160,000 each.

"There will be no maintenance outside the units," McQuillen said. "The concept is you can sell your 3,000 sq. ft. or 4,000 sq. ft. home after your children are gone and make a lateral move. It's for people who no longer want to mow lawns or shovel snow."

Among the approvals McQuillen sought was changing the zoning for the property from R-1 (single family residential) to PUD (planned unit development).

The change allows McQuillen to build smaller lots and establish a homeowners' association. Buyers will own their homes but not the lots.

The lawsuit alleges that the town and village boards didn't follow state law in granting approvals for the project.

From McQuillen's point of view, Barbeau and his co-plaintiff David S. Boyce just simply want to block all development on the property.

Barbeau and Boyce own residences on Filmore Street and the development is adjacent to their back yards.

He said that he think's that one of Barbeau's concerns is that McQuillen will use the PUD to bring in trailers or mobile homes, but McQuillen said that's not going to happen. First, because that's not what the village approved, and second, it's not what he wants.

"He doesn't want to see his property value go down and I don't blame him," said McQuillen. "But I live on Robbins Road. I'm never going to build those things."

Possible chimney fire on Town Line Road in Bergen

By Billie Owens

A possible chimney fire is reported at a residence on Town Line Road in Bergen. It is between Jericho and Pocock roads. All Bergen fire equipment is called to the scene along with mutual aid from Le Roy.

UPDATE 12:18 p.m.: "There doesn't seem to be anything significant here," says the chief, and Le Roy can stand by. This incident stems from the "malfunction of a heating device. No extension into the residence," says the chief.

UPDATE 12:23 p.m.: Traffic is going to be shut completely down on Town Line Road between Jericho and Pocock roads.

UPDATE 12:30 p.m.: Bergen is back in service. So is Le Roy.

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