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A motorcycle accident with injuries is reported at the corner of Walnut and South Main streets. City firefighters, police and Mercy EMS are responding.

UPDATE 12:49 p.m.: City fire is back in service.

A fight among four people is reported at 6698 Ellicott St. in Pavilion. The parties are separated and Sheriff's deputies are on scene. Alcohol is reportedly a factor.

Tickets are on sale for Downtown's third annual "Taste of Fall Wine Walk," which will be held from 5 to 9 p.m. on Saturday, Sept. 15. The event includes 21 tastings, a commemorative wine glass, and a discount card for dinner and shopping.

Tickets cost $20 and are going fast. Designated drivers pay $5. Twenty-one stores and businesses are on the itinerary.

Only 500 tickets will be sold and last year they were gone two weeks prior to the event.

You can buy them at:

• Coffee Culture, 6 Court St.
• T-Shirts Etc., 111 Main St.
• Valle Jewelers, 21 Jackson St.

All participants must be age at least 21 years old.

On the night of the event, registration is at the Genesee Orleans Art Council, 201 E. Main St.

The host and major sponsor is the Batavia Business Improvement District, the Genesee Valley Pennysaver and T-Shirts Etc.

Visit www.downtownbataviany.com or Facebook: Downtown Batavia Improvement District for more information about this and other events. To phone the BID, call 344-0900.

A two-car accident with injuries is reported at 9049 Alleghany Road. The location is just north of Cohocton Road near the village line. Corfu Fire Department is responding along with Mercy medics and law enforcement.

UPDATE 12:53 p.m.: The cars are off the roadway. Injuries are minor. Law enforcement has left the scene.

UPDATE 1:27 p.m.: A 57-year-old man is being taken to UMMC with complaints of neck and lower back pain. This accident occurred when one vehicle rear-ended another. He was a driver.

After more than two years of studies, mapping, approvals, controversy, lawsuits, finger-wagging and name-calling, the senior housing plan in the Village of Le Roy called "Robbins Nest" is a hornet's nest that shows scant signs of abating.

Some villagers view the proposal to build 26 homes on 13.1 acres east of Robbins Road and south of Filmore Street as progress -- an opportunity to provide quality housing for adults 55 and over, and increase the tax base to bolster public services instead of continuing to cut them.

Others argue it would destroy the neighborhood, flora and fauna while providing no guarantee that it won't become a burden for taxpayers or that the single-story homes -- expected to go for $130,000 to $160,000 -- will even sell.

At an informal discussion at last week's village board meeting, opponents and proponents tepidly agreed that bringing in a neutral mediator would be worthwhile. And village officials acknowleged that looking into how similar developments in other places have panned out would also be a good idea.

"My trust is at an all-time low -- we need an impartial view," said resident David Boyce, who characterized the whole thing as "a debacle."

It's clear that more give and take will be required on both sides to quell the imbroglio.

"There is a compromise," Robbins Road resident Laura Robinson said. "There IS going to be development. ... There is a middle ground here and we have an obligation to find it."

About 35 to 40 people were on hand Wednesday to hear the exasperated developer -- lifelong Le Royan Pete McQuillen who also lives on Robbins Road -- say he wants closure on a planning process that has become "a blunder on many levels."

His options include:

1) Holding onto the property and do nothing;

2) Scraping the plans he's already spent thousands of dollars and a couple of years on, and develop it under the current single-family residential zoning (R-1);

3) Selling to another developer;

4) Proceeding with current plans and/or become further mired in a legal battle;

5) Trying to find a solution most residents can buy into, which would almost certainly be easier said than done.

Safe to say everyone who's been caught up in the acrimonious drama would also like to move on.

Yet the end is not near.

Boyce and Le Roy Town Supervisor Stephen Barbeau have filed two lawsuits against McQuillen, the village and the town planning board. The town and its planning board approved the project but soon after Barbeau was elected he sued them over it.

Some approval procedures were deemed not in compliance with state law, forcing McQuillen to restart the process he began in early 2010. More approvals, including that of the final plan, are needed before construction would be possible.

"The county is laughing at us in Le Roy -- this is a joke," McQuillen said.

Supervisor Barbeau would normally have oversight of expenditures related to a lawsuit and consult with the attorney. But because he's a plaintiff, outside counsel needed to be hired and the funds to do that come out of the budget Barbeau helps write and approve.

Boyce, president and CEO of Tompkins Insurance Agencies, is not happy that his property is contiguous with the Robbins Nest site. If built, it would destroy his view, the character of the neighborhood and much of its natural habitat.

(Tompkins Insurance, like the Bank of Castile, is a subsidiary of Tompkins Financial Corp.)

The point was made that a property owner's aesthetic rights are only protected up to 35 feet from the property line. So if someone ripped out trees and put up a big garage at that juncture, it would have a similar effect on the view as would a 1,600-square-foot house (or houses).

In other words, there should be no expectation that the trees Boyce recalled romping through as a child behind his house will always remain, Trustee Jennifer Keys said.

Then there's the issue of density.

"It's like putting a whale in a sardine can," quipped a woman at the meeting.

But it's less about the merits of the project, Boyce said -- despite his statements about habitat destruction and devaluing his property -- it boils down to zoning.

Boyce contends the plan doesn't comply with the village master plan, although county planners concluded it does. Some at the meeting indicated they might be more amenable to McQuillen's plans if fewer homes were included.

The county planning board voted to recommend changing zoning from R1 (single-family residential), the property's designation since 1966, to PUD (planned unit development). PUD zoning allows a developer to build without having to ask for a lot of variances.

The village board has not yet made a decision and can't, in fact, until the environmental review process is finished.

A PUD zone, sometimes referred to as "spot zoning," would be needed to build a condensed development with more houses on less land than would otherwise be allowable. It also would permit the creation of a homeowners' association (to pay for outdoor maintenance), walking trails, and let the developer retain ownership of the land but not the houses.

But it requires a "super majority" to approve, which brings up another sticky wicket. Four out of five "yes" votes would be required for a quorum.

Mayor Greg Rogers and trustees Keys and Jim Bonaquisti are in favor of approving a zoning change. But two trustees -- Bob Taylor and Mike Tucci -- have abstained from voting on issues related to Robbins Nest, citing conflict of interest.

The village attorney said the men's decision to abstain is personal choice, not something they are legally obligated to do in this case, even though Tucci is an employee of Tompkins Insurance and therefore an employee of Boyce. That's why Tucci is gun-shy of voting on Robbins Nest. And supervisor and litigant Barbeau is Taylor's nephew, so Taylor doesn't feel comfortable voting on it either.

Big stalemate.

"I can take a yes vote or a no vote, but an abstention in my mind is unpatriotic," McQuillen said. "Take your bat and ball and go home -- don't stick your head in the sand."

Another point that was brought up is whether this sort of development is appropriate for the area.

Wilson Street resident Beth Bartz peppered village trustees with questions at the Aug. 22 meeting.

"Have you done your homework?" Bartz asked. "Have you researched other communities that have these kinds of developments? What if they can't fund a homeowners' association right away?

"Are you going to need a bond measure (to bridge the gap)? Are there enough people in Le Roy who can afford a $150,000 home, plus the high taxes in Le Roy, and the homeowners' association fees? What if the homes don't sell?"

Trustees indicated the questions were valid and worth looking into.

McQuillen says everyone he's spoken to in the community "to a man" is in favor of what he's trying to accomplish and they are supportive. The aging population, himself included, likes the idea of selling their big homes to their children and moving into a ranch-style place where they won't have to rake leaves and shovel snow.

"I think we need this," resident Pete Weaver said. "This is not a low-rent operation."

At the end of the day, something WILL be built.

"I hold the cards on what's going to happen next," McQuillen said. "I didn't buy the property to sit on it."

Daniel E. Plath is indicted by the Genesee County Grand Jury on one count of DWI, a Class E felony, for driving a 2007 GMC pickup truck on Old Creek Road in Alexander on May 12 while allegedly intoxicated. He is also indicted on a second felony count of DWI for allegedly having a BAC of .08 or more. In count three of the indictment, Plath is accused of aggravated unlicensed operation for allegedly driving the truck while intoxicated and without a valid driver's license. His license was invalidated following a DWI conviction in 2007, according to the DA's office.

Gary R. Dean is indicted by the Genesee County Grand Jury on one misdemeanor count of driving while intoxicated on April 24 in Alexander. He allegedly drove a 2007 Chevrolet on state routes 98 and 20 and in a parking lot on Broadway Road while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for allegedly driving without a driver's license while intoxicated. His license was revoked following a DWI conviction in 2001, according to the DA's office.

Mercy Flight is called to the Darien Fire Hall to aid a female. Medics are on scene. Mercy Flight out of Batavia will respond; no ETA given.

UPDATE 9:07 p.m.: The only further information I have is that this is a motorcycle vs. pedestrian accident and the pedestrian was injured. It happened near tonight's sold-out country concert at Darien Lake.

UPDATE 2:40 a.m. (By Howard): Jessica Freeman, 23, of Rochester, was a passenger in a vehicle, according to a State Police release, in the northbound lane of Route 77. The vehicle was stopped in heavy traffic when Freeman got out of the vehicle and attempted to cross Route 77. Troopers say she "ran directly into the path of a motorcylcle operated by Frank Pfalzer, 35, of Akron." Freeman was flown to ECMC. She suffered head and facial injuries. Pfalzer was not injured and not charged.

A dirt-bike accident is reported 1858 Main Road in Pembroke. The location is between Boyce and Cleveland roads. A rider is down and has trouble breathing. Mercy Flight out of Buffalo is flying to the scene, described as way off the roadway, on or near the railroad bed.

UPDATE 3:13 p.m.: East Pembroke Fire Department and Mercy medics are responding. The fire crews will use four-wheelers to access the site and set up the landing zone.

UPDATE 3:17 p.m.: There are two victims. One is a 15-year-old girl being taken to UMMC by Mercy medics. She has a right eye injury. The landing zone is set and the bird is three minutes out. The other patient is a male who is conscious but has a head injury.

UPDATE 3:22 p.m.: Mercy Flight will be transporting to Erie County Medical Center.

UPDATE 3:26 p.m.: Mercy Flight landed two minutes ago.

UPDATE 3:37 p.m.: Mercy Flight is headed to ECMC.

UPDATE 3:42 p.m.: East Pembroke is back in service.

A traction motor fire on a train rail car is reported on the CSX main line west of the Jericho Road crossing, south of the tracks, in Bergen.

A non-emergency response is requested and Bergen Fire Department is on scene.

UPDATE 8:32 p.m.: People are notified that an Amtrak train will be rolling down the line in about 15 minutes.

UPDATE 8:45 p.m.: The matter is resolved. Bergen is back in service.

A fire is reported on the outside of a house in Oakfield at 56 S. Main St. Oakfield Fire Department is responding.

UPDATE 2:54 p.m.: The fire is out. Oakfield will still be responding to investigate and to check the structure with a thermal imaging camera.

A two-car accident, which is blocking traffic, is reported at East Main Street and Harvester Avenue. City police are on scene and city fire and Mercy medics are responding. No injuries.

UPDATE 2:37 p.m.: Now they say there are three vehicles involved.

UPDATE 2:57 p.m.: City fire is back in service.

Press release:

State Senator Michael H. Ranzenhofer will sponsor a free car seat safety check from 10 a.m. to noon tomorrow at the Genesee County Sheriff’s Office, 165 Park Road in Batavia.

“Every parent knows installing a car seat can be difficult," Ranzenhofer said. "Certified technicians from local police agencies will be on hand to check your child’s car seat.

"I encourage all parents, as well as grandparents, to stop by to have their child’s car seat checked this Saturday morning. Even if you may think it has already been installed properly, it never hurts to double-check."

According to the National Highway Traffic Safety Administration, car seats decrease the risk of fatalities in cars by 71 percent for infants and 54 percent for children, ages 1 to 4 years old. An inspection of 3,500 car seats in a study found that 72 percent were not correctly installed.

The program is being held in conjunction with the Genesee County Sheriff’s Office, Le Roy Police Department and City of Batavia Fire Department.

“Many parents don't know the importance of having their child properly secured in a car seat to prevent serious injury if involved in a car crash," said Genesee County Sheriff Gary Maha. "This is a great opportunity for parents to learn how to properly install their child's car seat and there is no charge for this service."

Car seats are inspected on a first-come, first-served basis. An appointment is not necessary. Residents can contact Senator Ranzenhofer’s District Office at (716) 631-8695 for more information.

Two dogs are fighting in the middle of the road on Lewis Place. City police are responding.

A tractor-trailer has struck the railroad overpass on Cedar Street. Batavia police are responding.

UPDATE 7:38 p.m.: The vehicle has Oklahoma tags. Howard, who went and took a photo, says the top of the rig "was peeled back like a sardine can."