Up the 14 inches of lake effect snow could fall on parts of Genesee County between 1 a.m. Friday and 1 a.m. Saturday, according to the National Weather Service.
A winter storm warning has been issued.
The storm is most likely to hit west and south of Batavia, particularly Corfu.
In areas hit hardest by the storm, travel could be difficult.
Sarah Veazey has always had an entrepreneurial mindset, and now that she has started her own business, her passion is giving back to the community.
Veazey has opened a wine tasting venue in Harvester Center called “One Hope.”
The name alludes to Veazey’s desire to help nonprofits achieve their goals, and every month she will choose a nonprofit organization to benefit from the profits of her wine tastings.
Her business is named after a California winery.
“I searched for a wine that gives back,” Veazey said. “Every wine has a different nonprofit organization that funds will go to.”
In addition, for every private in-home tasting or business-after-hours event, Veazey will donate 10 percent to a local nonprofit.
On Feb. 16, she will host a couples’ wine and beer tasting from 3 to 6 p.m. to benefit Crossroads House.
“I have also been a volunteer coordinator for Crossroads House, so I know their need,” she said.
A native of Oakfield, Veazey has always had a passion for wine and previously worked as manager of A Gust of Sun Winery in Spencerport.
“I gained a lot of experience there,” she said.
One of her goals is to have local artists exhibit their work at her business, and she already has several artists’ works on display.
On Saturday, Veazey has planned a Sip & Shop from 5 to 9 p.m. to benefit the family of a Corfu girl who was born on June 20 at Golisano’s Children’s Hospital with numerous medical problems. The event will help the family with their mounting medical bills.
Every third Wednesday, Veazey offers “Rest and Relaxation,” featuring massages and psychic mediums.
One evening she may have gallery readings with groups.
Next month she will have yoga one week. By spring, she hopes to be able to offer a soup and salad bar and, eventually, a reasonable Sunday brunch.
“I’m full of ideas,” she said.
Plans for Valentine’s Day include a wine and chocolate tasting.
Regular tasting room hours are from 2 to 7 p.m. Thursday and 2 to 9 p.m. Friday and Saturday.
Information on tickets for her events may be found on her Facebook page at Facebook.com/wnyonehope.
Press release:
On Friday, Jan. 18, the JV and varsity boys basketball teams from Byron-Bergen and Elba faced off in their traditional “Battle of Route 262” games, but this year they had their sights set higher than just a victory on the basketball court. Much higher.
In response to two of their classmates receiving cancer diagnoses, the players wanted to raise money for organizations that have helped those individuals and their families. The Ronald McDonald House Charities of Rochester and Cure Childhood Cancer Association received equal shares of the evening’s donations.
“Games with Elba bring in a large local crowd,” said Varsity Boys Basketball Head Coach Roxanne Noeth. “We thought that it would be a good chance to raise money and awareness for the cause – and the crowd really was amazing.”
In the weeks leading up to the game, the Byron-Bergen boys’ basketball teams gathered donations from friends, family, and community members and organizations. But, the Bees weren’t the only ones on the fundraising offensive. Elba, a partner District with Byron-Bergen for several sports including soccer and gymnastics, also collected donations for the V Foundation for Cancer Research.
“These students face off as opponents in basketball, but in another season they may be playing side-by-side,” said Elba Athletic Director Karen Cusmano. “The districts are less than 10 miles apart. We belong to a larger community and I’m proud that both teams are stepping up to support this important cause.”
The Elba players also joined the Byron-Bergen players in the half-court shot challenge sponsored by Jimmy Z’s of Brockport. Jimmy Z’s donated $20 for every half-court basket. The crowd exploded in applause as two Byron-Bergen players and one Elba player sunk the shot.
Both teams played hard with Elba’s JV and varsity teams edging out the bees. However, the biggest score of the evening was the $5,459 raised in support of the two charitable organizations. However, the final count still is not in.
Jimmy Z’s pledged to donate 20 percent of all sales from customers who mention Byron-Bergen’s fundraiser on Monday, Jan. 21, but due to inclement weather, the final fundraising effort is rescheduled to 11 a.m. to 9 p.m. Monday, Jan. 28.
In a tweet, the Ronald McDonald House responded to the fundraiser announcement, “Thank you so much! This is a big help for our families.”
Contact: Rich Hannan, Byron-Bergen athletic director (585) 494-1220, ext: 2003; Contact: Pat McGee Byron-Bergen Jr./Sr. high School principal (585) 494-1220, ext: 2401.
“Our sports teams have a strong tradition of raising money for charitable organizations,” said Byron-Bergen Athletic Director Rich Hannan. “It’s an amazing accomplishment for high school students to organize fundraising on this scale, but it is also an amazing show of solidarity for their classmates and their families. It says, "We’ve got your back.’Once a Bee. Always a Bee.”
Pictured: (l-r) (back row) Corden Zimmerman, Varsity Coach Roxanne Noeth, Lucas Stucchio, Daren Barron, Jerrod Amesbury, Josh Hohn, Jonathan Hahn, Travis Lambert, Tony DiQuattro, Rick Hubbard, Kevin Smith, Alex Brumsted, Mitch Gonyea, Bryce Yockel, Chad Green, Nicholas Baubie, JV Coach Chris Chapman; (front row) Nicolas Walters, Joey Damick, Caleb Carlson, David Brumsted, Anthony Chapman, Gianni Ferrara, Ryan Muscarella, Alex Donnelly, Alex Heatherman.
Benjamin J. Bonarigo Sr., a City of Batavia attorney, has announced his candidacy for Batavia City Court Judge. A lifelong resident of Batavia, Bonarigo is seeking to be elected to the position being vacated at the end of 2019 by the retirement of the Hon. Robert J. Balbick, who reaches mandatory retirement age.
Bonarigo and his wife, Diane, a retired City of Batavia elementary school principal, have made the City their home, where they raised three children, two of whom continue to reside within the City with their families.
A 1975 graduate of Batavia High School, Bonarigo attended Genesee Community College, while working in his family’s restaurant, attaining an AS Degree in General Studies in 1977 and a Bachelor of Science Degree in Business Management, cum laude, from the State University of New York at Buffalo in 1979. He furthered his education by attaining his law degree from the State University of New York at Buffalo Law School in 1982 and was admitted to the practice law in New York State in 1983.
During his practice, Bonarigo has acted as the attorney for: the City of Batavia, the Town of Batavia, the Village of Oakfield and the Village of Oakfield Central School District.
At the start of his career, Bonarigo worked in the Genesee County Public Defender’s Office where he worked part-time while at the same time establishing, over the next 37 years, a flourishing legal practice, which is now known as Bonarigo & McCutcheon. He has practiced in all areas of civil and criminal law all over Western New York and beyond.
While practicing law, Bonarigo has been very committed to his profession, having been appointed to the Appellate Division 4th Department Grievance Committee for six years, during which time he, along with others, sat to review the ethical behavior of attorneys from all over Western New York.
He was also appointed to the Independent Judicial Qualification Commission for the 8th Judicial District on which he participated in the review, and rating, of candidates for judicial offices in all of Western New York courts. He is a longtime member of the New York State Bar Association to which he was a delegate representing the attorneys of Genesee, Orleans and Wyoming counties during State meetings.
He has been a member in good standing with the Genesee, Orleans and Wyoming County Bar associations, serving as president of the Genesee County Bar. During his tenure as president of the Bar Association, Bonarigo implemented an attorney-reading-with-students program in the elementary school in the Batavia City School District.
In addition to his commitment to the legal profession, Bonarigo has been highly involved in civic matters in the City of Batavia. He has been: a coach and been a member of the Board of Batavia Youth Football; a client tutor and member of the Board of Literacy Genesee/Orleans; a member of the Notre Dame High School Foundation Board; a member of the Notre Dame Board of Trustees; a member of the Board of the Holland Land Office Museum; and a Mock Trial judge for many years.
Bonarigo is currently a member of the Board of Trustees at Genesee Community College, having been appointed by the Governor in 2011. He, along with his co-board members have overseen a significant expansion of the campus facilities. He is also a member of the Twenty-Five Neediest Children’s Fund Inc., which financially assists students and families within the Batavia City School District.
For his civic efforts, Bonarigo was been inducted in 2011 to the Genesee Community College Hall of Fame; granted an honorary diploma from Notre Dame High School in 2010; and was recognized as a Friend of the ARC in 2013.
“With my breadth of professional experience, love and commitment for the City of Batavia, its residents, including my family, neighbors and friends, I feel that I am uniquely qualified and I am the best-suited candidate to be elected to the City Court bench," Bonarigo said.
"It will be with great pride, impartiality, humility, and compassion that I will sit daily making judgments that continue to better our community. I look forward to the challenges ahead in this election process and look forward in the next several months as I reconnect with old acquaintances and, making new ones, as I seek your support for this position.”
Today Durin Rogers, attorney and City of Batavia part-time judge, announced his candidacy for the full-time Judge of the Batavia City Court post that will become vacant at the end of this year. Judge Rogers would be running to replace current City Court Judge Robert Balbick, who will retire after reaching mandatory retirement age.
Judge Rogers has served as the part-time Batavia City Court judge for almost four years following his unanimous appointment by Batavia City Council in 2015.
“I am excited to officially announce I will be seeking the full-time Batavia City Court judgeship this coming November...," said Judge Rogers. “I made this decision because I sincerely believe that I have the qualifications, experience, and commitment to our community that the residents of the City of Batavia deserve.”
During his past four years on the bench, Judge Rogers has handled all types of cases within the court's jurisdiction including civil, criminal, small claims, housing code violations and even matters in the drug court and veteran's courts. He has championed effective service to the community including cochairing the Centralized Arraignment Part Program (CAP), a program designed to assist in the timely arraignment and representation of Defendants in criminal proceedings. He has spear-headed the efficient processing of housing code violations and established a protocol to effectively and timely deal with "zombie" properties neglected by non-local corporations and owners.
“Each of these responsibilities comes with difficult decisions that impact the lives of those before the Court and those in our community," Judge Rogers said. "A judge’s legal background and experience, commitment to the community, and character are essential to making fair and honest decisions while holding offenders accountable."
Judge Rogers has dedicated his almost 25-year legal career to public service, including volunteering with the Public Defender's Office and handling assigned counsel matters throughout the GLOW region in criminal and family courts. He has served as an attorney in the Genesee County Attorney's office since 1995, where he was lead prosecutor for juvenile delinquency proceedings for more than 20 years; and handled all types of matters within the office including domestic violence/family offense matters; abuse and neglect proceedings; and contractual negotiations for the Genesee County Public Radio system.
Judge Rogers has extensive experience in electronic evidence particularly in admission of social media. He has been a frequent speaker in this area across New York State.
“As more and more individuals integrate this form of electronic communication into their lives, my unique knowledge of this area of law will be of great value to the Batavia City Court Bench,” added Judge Rogers.
“It is with this background, having been a prosecutor, a defense attorney and now a judge, that I believe I have the unique qualifications and legal experience to understand and administer justice in the City of Batavia so that all residents of our community feel safe and are treated fairly… I will do so with integrity, respect and the temperament that a judge must have when hearing cases fairly, each day, every day,” Judge Rogers said.
Judge Rogers commitment and passion for public service extends beyond the court system. Over the years, Judge Rogers frequently volunteered his time and commitment to coach youth sports including baseball and basketball for more than 15 years. He assisted in bringing the "Youth Court" to Genesee County. He was a founding board member of Habitat for Humanity of Genesee County; a volunteer Budget Ambassador for the Batavia City Schools District; an appointed member of the Batavia City Youth Board; a member of the original Board of Ethics for the City of Batavia; and a member of the City of Batavia Police Facility Task Force.
Other volunteer activities included being an attorney for the Surrogate’s Decision-Making Committee (SDMC), and president of the Genesee County Bar Association (GCBA), during which time he collaborated with the Genesee Community College to bring a new program to Genesee County known as the “People’s Law Series,” a biannual symposium designed to educate and guide the public in topical areas of law.”
Judge Rogers lives with his wife, Paula, and their four children in the City of Batavia. His family has resided in Batavia for almost 18 years and are proud to call Batavia home. Rogers is a graduate of the University of Florida with a Bachelor of Arts in Criminology and Law; and received his Juris Doctor legal degree from the Cleveland-Marshall College of Law in Cleveland, Ohio.
Assemblyman Steve Hawley (R,C,I-Batavia) issued a statement this afternoon on passage of the DREAM Act:
“The priorities of the far left are now on full display in Albany, and today’s theme was unabated college aid for illegal aliens.
“We cannot possibly justify spending millions of tax dollars to line the pockets of those here illegally when the student loan debt crisis is a national epidemic, with an average debt burden of $39,400 per student.
“We are a nation of laws, and those who follow our laws, work hard and pay taxes are the ones we should be helping with college affordability. But state leaders, intent on quarreling with the federal government, are using our state governmental process for partisan political gain.
“There have been numerous proposals put forth by members of the Assembly Minority Conference to expand college affordability, increase tax credits and lower student loan payments. Those are the solutions we should be considering before giving away free college to illegals.”
Press release:
The Genesee Center for the Arts at Genesee Community College has released its spring lineup of events and opportunities, and it is going to be an emotional, fun and powerful season.
First, the Roz Steiner Art Gallery at GCC will display a collection of paintings by Muhammad Zaman entitled "Finding Amal" from Jan. 22 - Feb. 22. Amal, meaning "hope" in Arabic, is what Zaman hopes to inspire through his work.
"Finding Amal" features compositions of urban calligraphy that combine the three languages that are the cornerstones of the artist's culture: Arabic, English and Bangla. Each individual canvas expresses a word, phrase or concept as if they were messages dedicated to the entire human race.
The artist will lecture on Jan. 31, at 12:30 p.m. and receptions will follow at 1 and 5 p.m.
The Roz Steiner Art Gallery is open to the public Tuesdays and Wednesdays from 9:30 a.m. to 3:30 p.m. and Thursdays from 9:30 a.m. to 5 p.m. The gallery is also open during special events as published at www.genesee.edu/campuslife/arts. Admission is free.
For more information, contact Gallery coordinator Mary Jo Whitman at (585) 343-0055, ext. 6490, or via email: mjwhitman@genesee.edu.
The following live performances will take place in GCC's Stuart Steiner Theatre at the Batavia campus.
The National Circus Project brings its exciting, fun-filled circus performance to GCC in Batavia on Friday, Feb. 22, at 7:30 p.m. With juggling, plate spinning, and comedy, this act encourages audience participation and is full of surprises! The experts from National Circus Project will also hold six workshops, which are also open to the public, at GCC on Thursday, Feb. 21. Call (585) 345-6814 for the full workshop schedule.
The Forum Players will perform "Encounters: A Social Issues Anthology" at 7:30 p.m. on Thursday, March 7, Friday, March 8, Saturday, March 9, and a Sunday matinee at 2 p.m. on March 10. This anthology, directed by Norman R. Gayford, professor of English, is a collection of six short pieces, with poetry interludes, that use stories to explore a variety of issues facing society today.
The first piece, "The Unspoken 200," written by Ehinomen Okojie of Winston-Salem, N.C., attempts to reverse the desensitization that results from using hashtags to summarize tragedies. In April 2014, 276 female students were kidnapped from the Government Secondary School in the Town of Chibok in Borno State, Nigeria. Today, 195 of those females are still missing! The Unspoken 200 tells the story of one of the kidnapped girls.
"I wrote this play because it became easy for myself, as well as other people, to simply type the hashtag #bringbackourgirls, and merely forget them a few seconds later," Okojie said. "Through the play, I could empathize with these girls, and I believe it will do the same for many people.
"It will challenge how they live their day-to-day lives, making them appreciate the things that are so easy to come by and to remind us all that over 60 percent of those girls are still missing. Today, it is easy for us to reduce tragic events to a hashtag. I am using this play to make people truly understand that the tragedy these girls have suffered is not and never will be equitable to a couple of words."
The second piece in the production is "Save the Date," written by Caity-Shea Violette, of Boston. Just hours before her wedding, the play's main character, Andrea, meets her estranged lover in a park. In a tug-of-war between passion and timing, they explore the expiration date of "the one that got away."
Shifting from romance to humanity, the third social issue explored in "Encounters: A Social Issues Anthology," is in "Sister," written by Kita Mehaffy of Santa Fe, N.M. This piece tells the story of Andréa, down on her luck, who sees Alex in the park early one Sunday morning.
Andréa hopes to find the humanity in a woman who had previously looked right through her. Andréa attempts to prompt Alex's memory of their previous face-to-face encounter, but to no avail. Alex only sees what she wants to see when Andréa responds with agitated frustration. "Sometimes being invisible wears on a girl," Andréa says.
The anthology's fourth act is "Summer Storms," written by Jaisey Bates, of Los Angeles. Bates was inspired to write this piece in two phrases: "they were dancing" and "I had a dream, but now I'm woke."
These words, created in the wake of the tragedies that took place during the summer of 2016 "support mutual healing, strengthened community and positive change," Bates said. "That we might build with our joined words an enduring shelter from such storms; that we might write a new story worthy of our children, our children's children; that we might learn, in the precious few moments we are gifted, to walk together in beauty on this beloved ground."
The anthology concludes with a powerful one-minute scene called "Boulder Holder," written and performed by Crystal Jackson of Pacific Grove, Calif. This scene is about violence in schools. Encounters will also be performed at 12:30 p.m. on Thursday, March 7, for students at GCC's Batavia campus.
On Friday, April 26, at 7:30 p.m. GCC's Forum Players also present the Children's Theatre production, "The Lamp is the Moon," written by Kirk Lynn. The program introduces Shawn, a bright young girl with a head full of science and imagination, which makes naptimes particularly difficult.
Her friend, Lamp, triggers a wide-awake adventure with the dream of learning to fly and becoming the moon. With the guidance of the audience, this voyage is fit for mission control as Shawn and her lamp escape naptime and blast into space.
"I don't like to nap, but I do like to dream," Shawn says.
This show debuted at the Seattle Children's Theatre in the spring of 2018.
The 2019 spring season concludes with GCC adjunct professor Tara Pocock artfully directing a 20-piece modern dance showcase entitled, "Freedom: A Modern Dance Show About Your Rights."
The program questions what are basic human rights and freedoms in today's ever-changing world. This powerful performance will take place on Friday, May 10, at 7:30 p.m. in the Stuart Steiner Theatre.
Tickets for these shows in the Stuart Steiner Theatre are $8 for adults, and $5 for seniors (55+) and students (16+) and GCC faculty/ staff. GCC students with ID are $3, and GCC alumni with ID will receive a $2 discount on an adult ticket. To reserve seats, contact the GCC box office at boxoffice@genesee.edu or (585) 345-6814.
One suspect -- a man with a history of burglaries locally -- is in custody in a series of business break-ins in Batavia earlier this month and investigators believe another suspect is still at large.
Christopher T. Sprague, 25, of West Main Street, Batavia is charged with four counts of burglary.
Sprague is accused of participating in a series of burglaries and attempted burglaries at nine business locations on Ellicott Street, Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive, and Liberty Street between Jan. 4 and Jan. 7.
A truck was stolen -- and later recovered -- at one of the locations.
Police say the suspects broke windows or kicked in doors to gain entry to most of the businesses. Items were taken at some businesses but not all.
Evidence was uncovered at each location that indicated the burglaries were all related and committed by the same suspects, said Det. Eric Hill in a news release.
Sprague was arrested in 2012 and convicted on burglary and attempted burglary charges. He was sentenced to three to six years in prison and released from custody in April 2016.
He was arrested in Batavia in May 2016, accused of breaking into a business on Treadeasy Avenue and stealing money.
Information isn't available at this time about the resolution of that 2016 case.
Sprague was arrested on the four burglary charges while in custody at the Genesee County Jail, where he was being held on an unrelated petit larceny charged and an alleged parole violation.
His parole on his 2012 conviction is scheduled to expire next month.
Hill said police are not releasing more information about the investigation at this time since there is the possibility of another suspect yet to be taken into custody.
Notice
Town of Darien Republican Committee is excepting letters of intent for the following endorsements:
All interested parties should submit letters of interest to: Town of Darien Republican Committee, Jeffery F. Phelps, Chairman, P.O. Box 295, Alexander NY 14005 no later than Feb. 15, or email to tdarienrc@gmail.com
Good fences make good neighbors the poet Robert Frost observed, but that may not apply to driveways, at least not in Le Roy.
A driveway is the latest flashpoint in a nearly decade-long neighborhood dispute that pits local businessman Pete McQuillen against Steve Barbeau and other residents of the subdivision known as Presidential Acres.
In the latest chapter, McQuillen was brought up on criminal charges for use of a driveway that traverses a parcel he owns next to the residence of Barbeau. It allows him to access both a utility building he constructed behind Barbeau's lot and the single-family home he and his wife, Judith, now live in further back on their parcel.
A judge in Darien Town Court dismissed the criminal complaint, which prompted Barbeau and several other residents to file an Artice 78 petition seeking, among other things, to overturn the dismissal.
An Article 78 filing, or proceeding, is an appeal of an agency decision. It is how a citizen in New York can appeal to judge in a county supreme court the ruling or decision of any government agency in the state.
Barbeau's side lost in a harshly worded decision written by Justice Emilio Colaiacovo of the NYS Supreme Court 8th Judicial District.
"As this Court has some familiarity with these parties and prior proceedings, it is deeply troubled by the continued methods employed by the Petitioners," Colaiacovo wrote. "While it is one thing to complain about your neighbor, it is another to install video equipment and keep a log documenting your neighbor's activities in an attempt to subject and expose him to criminal prosecution. The Petitioners' demonstrated pattern of prosecution against their neighbor is nothing short of harassment."
Despite the ruling, the legal proceedings are likely to continue, Barbeau indicted in an email to The Batavian.
History of Disputes
McQuillen purchased property in the Fillmore/Robbins Road area, adjoining Presidential Acres, in September 2010.
Shortly after acquiring the property, McQuillen announced his intention to build 26 single-family homes for people 55 and over on the subdivision, which McQuillen dubbed "Robbins Nest." This met with opposition and eventually resulted in a lawsuit with Barbeau, supervisor in the Town of Le Roy, as one of the plaintiffs.
The legal challenges eventually brought an end to McQuillen's plans for Robbins Nest, but by that time he was being sued over duplexes he built in the subdivision as well as a challenge to the utility barn he built behind Barbeau's home.
McQuillen eventually prevailed in the challenge to the duplexes and in that ruling, issued in February 2017, Colaiacovo determined the challenge to the utility structure was moot because McQuillen had built a single-family residence on the property (a utility structure, or garage, or barn, is not permitted as a stand-alone structure on a lot in a single-family area, according to Village of Le Roy code).
Village code enforcement had, perhaps incorrectly, issued a building permit to McQuillen for the utility building before plans were submitted for the single-family residence.
While McQuillen was erecting that barn-like structure in August 2013, Barbeau became upset with McQuillen when a tree fell on his house (there was little or no damage). An argument ensued and an accusation that Barbeau shoved McQuillen, causing him to fall ot the ground, leading to Barbeau's arrest (Barbeau eventually received a conditional discharge).
It was during this time that Barbeau and his then-neighbor David Boyce (who has since moved) had their own complaints against McQuillen. McQuillen was accused of parking construction equipment in front of their homes; storing waste construction material on the property across the street; and of once dumping a pile of manure against the back property line Boyce's home just in time for a graduation party for Boyce's daughter (an allegation recounted in a recent email to The Batavian from Amy Kendall, attorney for the Presidential Acres residents).
In July 2013, the Village granted a building permit for McQuillen to construct a single-family home with an address of 9313 Robbins Road.
Boyce and neighbors, in a lawsuit titled Bartz vs. Le Roy, challenged the ZBA's decision on the building permit.
As part of its decision, the ZBA ruled (and this point is part of the ongoing dispute) that ingress and egress for 9312 Robbins Road would be from a driveway leading to Robbins Road.
The neighbors ended up withdrawing the suit, letting the ZBA decision stand, in order to challenge McQuillen's use of the driveway leading to Fillmore Street.
Barbeau began keeping a log of traffic on that driveway, and at the suggestion of a code enforcement officer, set up a video camera to monitor vehicle traffic on the driveway.
That evidence was eventually used to file a criminal complaint against McQuillen. The case was moved to Darien because both justices in Le Roy had a conflict of interest as did Judge Gary Graber in Darien, which is how the case was handed to Darien Town Justice Michelle Krzemien.
The Easement
Pete and Judith McQuillen own the parcel at 9313 Robbins Road.
Judith McQuillen is CEO of Circular Hill Inc., according to a court filing by attorney Kendall, and that corporation owns the parcel adjoining Fillmore Street.
In September 2013, Circular Hill granted an easement to the McQuillens for use of a driveway and utility connections attached to the Robbins Road residence.
In July 2014, the Zoning Board of Appeals affirmed its prior decision to issue a building permit, after hearing an appeal from the neighbors, and stated in its decision, "The board notes the owners' right of entry to the primary and accessory structure will be accessed through Robbins Road."
It's the position of Barbeau and his co-plaintiffs that the decision limits the McQuillens to using only the drive leading to Robbins Road.
One point of contention in the case is that McQuillen did not mention, nor did the ZBA ask about, nor did anybody apparently research, the easement on the property next to Barbeau's.
McQuillen did not appeal this decision and later claimed he did not know about the ZBA's written decision requiring access on Robbins Road.
The McQuillens received a certificate of occupancy for their new home in June 2016.
Later that month, Pete McQuillen testified in the Bartz case that he used the Robbins Road driveway for ingress and egress to his house.
In July 2016, Code Enforcement Officer Jeff Steinbrenner sent a letter to McQuillen notifying him that he was violating Village code and the ZBA decision by using the Fillmore Street driveway.
From August 2016 through January 2017, Barbeau made a log of vehicles using the Fillmore Street driveway, which included a black Dodge Ram, a white GMC SUV, a gray pickup, a FedEx truck, tractors, a four-wheeler, and several other vehicles.
The following February, the Village filed a criminal complaint against McQuillen.
The case was transferred to Darien Town Court in May and McQuillen's attorney Benjaman Bonarigo filed a motion to dismiss the criminal complaint "in the interest of justice" in the fall.
A hearing on the motion was held Dec. 3, 2017.
The Dismissal Hearing
In New York, a criminal case can be dismissed "in the interest of justice" if a judge finds compelling factors about the circumstances of the case that clearly demonstrate that prosecution, or conviction, would result in an injustice, such as insufficiency of evidence or the defendant was really doing nothing wrong.
At the dismissal hearing in People v. McQuillen, Bonarigo represented McQuillen and James Wujcik represented the Village of Le Roy.
Kendall and Barbeau were also present and both attempted to speak and Krzemien denied their requests, an effort characterized by Colaiacovo in his ruling as an attempt to influence the proceedings.
In her subsequent filings, Kendall would have a few complaints about this hearing:
At the hearing, Bonarigo spoke first, according to a court transcript, and presented the facts of the case as he saw it, from McQuillen's purchase of the property in 2010 through McQuillen's eventual criminal charge. He covered the easement and the ZBA hearings.
In the midst of his presentation, Krzemien interrupted and explained why she had not read filings from Kendall relevant to the Bartz case.
"I did not look at the paperwork because I don't know too much about zoning and you (Bonarigo) told me the appellate -- the appellate decision had nothing do with what was laid out here," she said.
A short time later, Bonarigo sums up, "Let me just say ... there's an easement. It's a matter of record. It allows for exactly what Mr. McQuillen is accused of doing here in a quasi-criminal matter. Therefore, it's our contention that based upon those facts and what's before this court, documentarily, that you should dismiss this case in the interest of justice."
In response, Wujcik argues that the ZBA had already ruled that McQuillen could only access his property from Robbins Road.
"Mr. McQuillen never disclosed that he had an easement," Wucik said. "So since he didn't disclose it, then the business about that he wasn't aware of the ZBA's decision -- our position is that's misplaced because he was the defendant in a litigation, so he certainly was aware of the two -- there's also a different ZBA decision against him -- but he was aware of that."
After more discussion, Krzemien asked who issued an easement, the village or the county.
Wujcik explained that private citizens grant easements, with a short explanation of how the process works, and that once two private parties agree on an easement, it is filed with the relevant government agency.
After the explanation, Krzemien asked, "So I guess what I'm asking is, ... in the VIllage of Le Roy, is there a process that you would go through to get an easement or all easements issued through the county?"
Bonarigo: "No, there is no such procedure."
Krzemien: "No such procedure."
There is then a long discussion related to issues contained in the Bartz case.
Returning to the requirement to use Robbins Road, Bonarigo said, "The ZBA can't create that by law over the top ... they can't take away a legal right that has been formulated for years prior to it by just a stroke of the pen. They don't have that kind of authority. As a matter of law, the easement was in existence."
Wujcik said the ZBA has the authority to nullify an easement, and as to the assertion that the ZBA didn't ask about the easement, "the Zoning Board of Appeals doesn't know what it doesn't know. If they are not made aware of an easement, they can't make an interpretation or a ruling on it."
Bonarigo: "They were made aware of it, Judge. That's my point."
He would later point out that the easement is on file with the clerk's office and is a public document and easily discoverable. In reviewing court documents obtained by The Batavian we didn't find any indication the ZBA was made aware of the easement prior its decision, nor is there any indication any ZBA member or staff member tried to research the title of the property.
After more discussion, Krzemien makes reference to the county granting the easement and discusses the life of the easement, which goes with the land.
Wujcik did not correct her misstatement about the easement being granted by the county but did agree it goes with the land.
Later, Wujcik points out that the McQuillens filed the easement two weeks after the first ZBA discussion of the property but before any ZBA decision.
At this point, Kendall tries to speak and Bonarigo objects.
"This is not a civil matter despite what Ms. Kendall might think," Bonarigo tells the judge.
Krzemien: "Ms. Kendall, I'm sorry. I'm not going to hear what you have to say, so will you have to sit down, please."
A few pages later in the transcript, Krzemien again refers to the county issuing the easement and neither attorney corrects her misstatement.
At one point, Krzemien complains about Kendall, "I'm not. I'm not. I know you're just -- got information from him. And that little bird back there is chirping at you."
Wujcik: "Yeah, I don't need her -- no disrespect to her, I don't need the chirping."
When it comes time to discuss when Krzemien might issue a decision, Krzemien asks that McQuillen, in the meantime, stop driving bulldozers down the driveway, along with snowmobiles and four-wheelers; asking that they only use the driveway for their own personal vehicles, except for snow removal. McQuillen agrees.
On April 16, Krzemien granted McQuillen's motion, dismissing the criminal complaint in the interest of justice, noting the existence of a valid easement.
The Village of Le Roy did not appeal Krzemien's decision, and Wujcik later informed Colaiacovo that the Village would not be joining the challenge by neighbors to the ruling.
The Batavian emailed Wujcik last week and asked why the Village did not appeal the ruling, as well as why Wujcik did not mount a more explicit challenge to Bonarigo's assertion that the easement took precedence over Village code or the ZBA decision. After acknowledging our questions and saying he would respond, he did not provide a statement.
The Batavian also contacted Bonarigo and asked him to provide case law citations or specific code sections that would indicate an easement takes precedence over local codes or a ZBA decision.
Bonarigo responded:
A decision was rendered by Justice Emilio Colaiacovo, Supreme Court, supporting my client's position on the Art. 78. I trust you have read that and would hope that you are going to report that result as I don't care to relitigate the Town of Darien case with you.
Bonarigo has declined to comment on follow-up questions.
Article 78 Petition and Ruling
Kendall filed an Article 78 petition May 16. The petition was on behalf of Barbeau, Earl Bickett, Robert Boyce, Joseph McKay, Stephen Moulton, and Ronald Paganin, all property owners in Presidential Acres.
In her motion, Kendall said the petitioners had no other means of seeking remedy than through an Article 78 petition.
The petition asks the court to annul Krzemien's "arbitrary, capricious, and illegal decision." Kendall claimed the ruling was based on insufficient information and misunderstanding of relevant law. Kendall asked the court to rule the use of the driveway off of Fillmore Street illegal and order that it no longer be used.
She asked that the court rule that the McQuillens' use of the driveway constituted a nuisance.
As part of the motion to overrule Krzemien's decision and bar use of the driveway, Kendall complains that the Village of Le Roy failed to challenge the judge's inaccurate statements and that her clients have experienced special damages.
She also asks for attorneys fees, court costs and punitive damages.
By the third page of his 17-page opinion rendering his decision, Colaiacovo is sniping at the petitioners.
"The petitioners live near McQuillen and have exhaustively and painstakingly monitored this otherwise innocuous activity and complaint to the Village of Le Roy," Colaiacovo writes.
The justice ruled that since the criminal proceeding involved only the Village of Le Roy, which declined to participate in the petition, and McQuillen, the petitioners lacked standing to file the motion.
The petitioners failed to demonstrate any injury or harm they sustained because McQuillen used the driveway, Colaiacovo said, adding, "It certainly is not a nuisance as Petitioners maintain, however, there is mounting evidence to suggest that these continued lawsuits are."
He dismissed the complaint against Krzemien, saying that even if the petitioners had standing, Krzemien has judicial immunity.
"Petitioners insist that they have a viable cause of action against the Town Justice because she lacked subject matter jurisdiction over a ZBA decision. Petitioners strangely maintain that by granting the motion to dismiss, the judge erroneously invalidated a ZBA decision by passing judgment on the validity of an easement. However, the Town Justice insists that these charges were dismissed 'in the interest of justice.' This court agrees that the Petitioners' argument improperly mischaracterizes the decision of the Town Justice."
While a town justice doesn't have subject matter jurisdiction, Colaiacovo said, they can dismiss such matters "in the interest of justice."
"Judge Krzemien's determination was just that, a determination and exercise of her judgment, and not a ministerial or clerical act that could be reviewed under Article 78."
He added later in the same section, "to otherwise entertain the relief requested would create a terrible precedent, allowing officious, meddlesome individuals, like those here, an opportunity to intervene and challenge any judge's decision that offends their belief of what the law should be. Sanctioning the relief requested by the Petitioners would only empower like-minded obstreperous people who are engaged, as is the case here, in a simple yet ongoing neighborhood dispute."
While the neighbors sought attorneys fees, court costs, and punitive damages, Colaiacovo notes the arguments of Bonarigo claim that the Article 78 petition was "frivolous" and that challenging the town justice's decision was "beyond zealous representation and of a client and constituted an abuse of process."
Colaiacovo also faulted Kendall and Barbeau for what he said was attempted interference in the McQuillen case at the Dec. 3 hearing and then commencing the Article 78 petition without standing.
"This tactic, which is completely lacking in merit and cannot be supported by a reasonable argument, cannot now be simply overlooked," Colaiacovo wrote. "When viewed in its entirety, the conduct of Petitioners clearly evidences a systematic and torrid legal assault of anyone who stands in the way of what they ultimately seek, including a local Town Justice. This court finds that this reckless and egregious conduct justifies the imposition of costs and fees."
Colaiacovo ordered a hearing on costs and fees for 9:30 a.m., Feb. 14.
Kendall said her clients remain unsatisfied with the response of the Village to the situation, unhappy with Krzemien's ruling, and with Colaiacovo's opinion upholding that decision.
"My clients simply want the McQuillens to comply with the law of the Village," Kendall wrote in an email to The Batavian. "I do not know why that is so difficult. The McQuillens have at least one other driveway onto their property, so the reason they continue to violate the ZBA Decision seems clear. The Village did not support its Code Enforcement Officer’s determination that McQuillen was violating the ZBA Decision by appealing the Justice Court’s obviously incorrect decision. At this point, it appears that having an easement allows you to violate Village law and that is a very dangerous precedent."
She added, "My clients do not want to live with this ongoing harassment and feel that they should be protected from it by the Village. The Village isn’t protecting them."
Given a chance to respond to Kendall's remarks, McQuillen replied, "My response would be to only quote the Supreme Court Judge Hon. Emilio Colaiacovo in his decision – 'The Petitioners’ demonstrated pattern of prosecution against their neighbor is nothing short of harassment.' "
This is probably not the end of the story.
Previously:
Photos: Top and bottom photo made Jan. 17. The top photo is the driveway from Fillmore Street. The bottom photo is the driveway from Robbins Road. Both drives showed evidence of regular use at the time the photos were taken. "Skippy's Way" refers to a friend of Pete McQuillen's, he said.
Map of the area we created in 2013 to provide an overview of who owned what property. Fillmore Street now connects with Robbins Road. David Boyce is no longer a resident of Presidential Acres.
A caller reports a hit-and-run accident on Kingsbury Avenue, Batavia.
A dark-colored Chevrolet Traverse reportedly struck a parked car.
The plate comes back to another address on Kingsbury.
Batavia PD responding.
When the Genesee County Women's Republican Club convenes its emergency meeting tonight to discuss its anemic body politic, Melissa Haacke will seek guidance and direction, input and feedback.
The chairwoman and other members of the board need to know what the 65 dues-paying members (at least on paper) want to see happen this year. Are there changes that ought to be made? What can be done to boost participation? Do you know what the club's purpose is?
It's aim is to encourage candidates to run for office; help them get endorsed; and support their candidacy for office.
But that is getting harder to do.
The notice sent out last week about the 6:30 meeting at Oakfield's Community & Government Center cited low attendance at last year's spring breakfast and the summer cancellation of the Lucky Numbers basket raffle fundraiser at T.F. Brown's because of lack of interest.
"It is becoming more and more difficult to continue this Club with little to no participation or support," the notice said.
Haacke knows that problem is not uncommon for volunteer groups, particularly with people's tight schedules, regardless of whether the groups are focused on partisan politics, civic or religious purposes, sports or hobbies.
"We've had the same five people, with one or two migrating in or out for the last 10 years," Haacke said, an untenable track.
The echo chamber and self-interest bubble perpetuated and fostered by social media is perhaps part of waning real-world participation in many groups, she acknowleged.
"People are at one end of the spectrum or the other," Haacke said.
And fewer young people are taught about the virtues of volunteerism, she said, and many equate volunteering with punishment: wrongdoers are often given community service in lieu of a harsher penalty.
The irony is that Genesee County is solidly red territory in a blue state, and the GC Women's Republican Party is having trouble pulling off a breakfast when Democrats and Progressives say it's "standing room only" at their events these days.
Asked if Trump's treatment of women or his language concerning them is causing Republican females to go missing in action, Haacke said unequivocally and 100-percent "No. Trump is not a factor."
Any awkwardness in his oratory is because he's "not a politician" but "he tells the truth."
"If we want to get to where we need to be as a Christian and God-loving people, we need to support Trump and the Republican candidates," Haacke said.
Naturally, Erica O'Donnell, chairwoman of the City of Batavia Democratic Committee, sees things differently, but she does sympathize.
"Political or not, all organizations struggle with participation at times, with the busy lives we lead," O'Donnell said. "But we decided to come out of the closet and do more community involvement -- be in parades, go to community events, be at Picnic in the Park (for the 4th of July).
"We are the party of inclusion and acceptance. We should have a big tent."
O'Donnell said that women's participation increased in Democratic and Progessive politics here and elsewhere after Bernie Sanders lost the primary and after the 2016 election.
And O'Donnell thinks Trump is not resonating with a growing number of Republican women, so they are sitting on the sidelines.
"The way he treats women, the way he talks about them," O'Donnell said. "I don't want my daughters exposed to that."
The Town of Bethany Republican Committee is seeking individuals that are interested in being selected as the endorsed Republican candidate for the following offices in the November General Election:
All the above offices are four-year terms.
Those interested please send letter of intent by Feb. 1st to: Thomas J. Douglas, 10515 East Road, Pavilion, NY 14525, or contact at tdgoldenrod@yahoo.com or (585) 356-0824.
Press release:
At 9 a.m. Thursday, Feb. 7, the Crosby’s location at 2594 Main Road in East Pembroke will reopen to the public.
Crosby’s will also provide the first 100 customers to arrive following the ribbon cutting with a free $5 gift card which they can apply toward any purchase inside the store, including the great new products and services added during the upgrade.
This renovated location will provide customers expanded food offerings with the addition of a new Sub Shoppe, offering fresh and delicious made-to-order subs available alongside pizzas, calzones and breakfast sandwiches. The store will also feature a new f’real milkshake and smoothie machine and fresh-baked cookies will be available daily.
Crosby’s is also contributing to the community as part of the grand reopening festivities in East Pembroke and will offer a $500 donation to the Pembroke School District.
The store in East Pembroke will offer Mobil gas, and will be open from 5 a.m. to 10 p.m. seven days a week.
Growing to Better Serve Customers
The latest updated store locations, which also includes stores in Kendall and Barker, are part of Crosby’s ongoing efforts to improve new and existing stores to provide a more comprehensive range of options and services for customers.
Visits from elected officials in local and state offices are also expected at each store to help Crosby’s celebrate the grand reopening of these renovated locations and the company’s donations to local school districts to help students succeed.
“By renovating and updating these stores, we can provide more fresh options and expanded offerings to our neighbors and customers,” said Doug Galli, vice president and general manager of Reid Stores. “Crosby’s thrives in each of our communities by putting a focus on making customers our priority and being actively involved in the community beyond simply offering products and services.”
In addition to the new food, beverage and fuel services offered at these renovated Crosby’s locations, every store will also feature competitively priced grocery items, tobacco products and other amenities including an ATM, Crosby’s gift cards, fuel gift cards, money orders, propane exchange and a variety of New York State Lottery games. See each individual store location for further details.
— — —
Crosby’s, a division of the Reid Group, is headquartered in Lockport. The company operates 84 Crosby’s convenience stores throughout Northwestern Pennsylvania and Upstate New York.
The Reid Group, founded in 1922, is a full-service independent motor fuel marketer providing a comprehensive range of products and services for retail motor fuel outlets and convenience stores. The Lockport-based company serves retail and commercial customers.
For more information, visit www.CrosbysStores.com
The National Weather Service in Buffalo is warning local residents to expect freezing rain early Wednesday morning, which could affect the morning commute.
A winter weather advisory is in effect from 2 a.m. to 2 p.m.
Up to 1/10th of an inch of freezing rain could fall with wind gusts up to 40 mph.
Untreated roads could be slippery and there may be limited visibility at times making travel potentially hazardous.
Press release:
United Memorial Medical Center and Blue Pearl Yoga have joined together to bring the benefits of yoga to their employees. This week is designated as UMMC week at Blue Pearl Yoga Studio, 200 E. Main St. in Batavia.
Employees who show their UMMC work badge will receive deep discounts for yoga classes, promoting the hospital’s overall intention to support their employees' health and personal wellness goals.
The health benefits of yoga are very real. Much more than a trend in America, this 5,000-year-old practice has withstood the test of time, and modern scientific studies has proven its effectiveness. Yoga can increase flexibility, build strength and improve balance.
There’s a vast and growing body of research on how yoga improves health concerns including: chronic pain, obesity, fatigue, asthma, irritable bowel syndrome, and high blood pressure, to name a few.
Because of the mind-body connection in yoga, it is a wonderful practice for stress relief, relaxation and focus. It is essentially, self-care.
Burnout is common among healthcare workers, and the hospital has offered a variety of healthy activities and tips for team members this month. The focus is on recharging and caring for themselves as they care for patients and our community.
To find out about what is offered at Blue Pearl Yoga, click here.
Press release for AAA of WNY:
Today’s national average price for a gallon of gasoline is $2.25, relatively stable since last week. One year ago, the price was $2.54. The New York State average is $2.52 – down 3 cents from last week. A year ago, the NYS average was $2.71. AAA Western and Central New York (AAA WCNY) reports the following averages:
- Batavia -- $2.56 (down 1 cent since last week)
- Buffalo -- $2.57 (down 3 cents since last week)
- Ithaca -- $2.40 (down 1 cent since last week)
- Rochester -- $2.48 (down 4 cents since last week)
- Rome -- $2.50 (down 3 cents since last week)
- Syracuse -- $2.41 (down 2 cents since last week)
- Watertown -- $2.50 (down 5 cents since last week)
Crude oil prices have increased by $5/bbl since the beginning of the year, but oversupply of crude in the market and low demand have helped to keep the national average relatively stable. Crude oil prices will be a dominant factor toward determining if motorists will see slightly cheaper or more expensive pump prices in coming weeks.
OPEC released a list of specific production cuts from its members and other members of its global pact to cut global production by 1.2 million b/d for the first six months of 2019. The list has helped to bolster market confidence in seeing the global glut of crude decline, which will ultimately help to increase crude prices.
A motor-vehicle accident with injuries is reported at Route 19 and Griswold Road, Le Roy.
Le Roy fire and Le Roy ambulance dispatched.
UPDATE 8:10 a.m.: One vehicle off the road. One blocking.
UPDATE 8:29 a.m.: One engine can go back in service. One to remain on scene.
UPDATE 8:54 a.m.: Road is reopened. Le Roy back in service.
25 Mechainc Street, Elba. Don’t let this one slip by! Super solid and very cute Village home located on great Village lot! This home needs nothing! Very clean all updated and freshly painted thru out making it so easy to just move in and start living! Furnace, electrical , hot water tank and windows all updated. Great open front porch for relaxing and super solid with a large 2 car garage outbuilding, perfect for storage or a workshop. Ready to see at your convenience! Call Lynn Bezon anytime at 585-343-HOME or click here for more details.
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