Sweet Pea’s Cupcakery Café, 23 Jackson St., Batavia, NY. We are a full-service Cupcake Bakery and Café. Now serving fresh-baked artisan pizza on Friday nights! We offer soft-serve ice cream, too! Treat yourself to a variety of baked goods, mainly varieties of specialty and traditional scratch-made cupcakes, as well as other bakery items like cookies and brownies. We also serve a variety of hot and cold beverages. Check out our location, or place an order for parties, gatherings or any other reasons you can think of to enjoy some cupcakes. We have a $10 gift card for $6.

The Mane Attraction Salon and Spa, 99 Main St., Batavia, NY: offers "Affordable Luxury" in downtown Batavia. We pride ourselves in the great customer service we give to the entirefamily. Men, women and children are all welcome either by appointment or walk-in. We offer all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, facials, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kids' cuts! Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have $20 gift certificates for $10.

Sweetland Pines Golf Course, 5795 Sweetland Road, Stafford, NY: Sweetland Pines is a par 3 golf course, great for beginners and experienced golfers working on the short game. Relaxed golf game, average play is about 1 hour and 20 minutes, leaving the golfer time to enjoy rest of the day. We have a $25 gift certificate for $12.50.

Dave's Ice Cream, 3872 W. Main Street Road, Batavia, NY: Dave's offers only locally purchased products, including Perry's hard ice cream in a wide variety of yummy flavors, with a wonderful assortment of toppings and homemade waffle cones. Different soft-serve flavors are offered weekly. We have a $10 gift certificate for $6.

Smokin' Eagle BBQ & Brew, 9 Main St., Le Roy, NY. The kind of downhome, laid-back and comfortable place that just feels right. Open daily for lunch, dinner and drinks, this eatery and bar features a variety of eats and drinks that are outstanding. Specializing in smoked meats -- each meat is dry rubbed with a proprietary mix of seasonings, then smoked slowly in their on-site smoker for maximum flavor and tenderness. With a variety of appetizers, burgers, sandwiches, wraps, combo platters and entrées, there's always plenty of choice for even picky eaters. Great food, frosty brews and some of the best folk around call the Smokin' Eagle BBQ & Brew their favorite -- make it your favorite today! Don't forget to ask about our catering! We have a $20 gift card for $12.

Viking Valhalla Restaurant & Rose Garden Bowl, 21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $12.

SOLD OUT

Chris Moss, running for lieutenant governor, made three campaign stops in Genesee County on Tuesday, starting with Batavia Turf Farms, where he got a look at a natural roof covering that Batavia Turf/CY Farms grows for a company in France, Vegitel.

In the photo above, Moss, in the dark suit on the left, talks with local farmers while standing on flats filled with sedum plants.

Craig Yunker, CEO of CY Farms, explained that rooftops covered in Sedum absorb more water, preventing runoff, and help cool the building more efficiently.  

"They (Vegital I.D.) supply green roofs to buildings looking to help control stormwater, help reduce energy costs and reduce the hotspots in cities," Yunkers said.

After the briefing on sedium-covered roofs, area farmers shared some of their issues with the state, particularly in the area of farm labor and a renewed effort by New York City activists to raise wages beyond what would be sustainable for Upstate farmers.

Moss said he and his running mate, gubernatorial candidate Rob Astorino, fully support New York's agriculture industry.

"We understand the importance of farming and what it does for New York State, the importance to the economy," Moss said.

The discussion then turned, led primarily by Rep. Chris Collins, to how folks such as Gov. Andrew Cuomo and Assembly Speaker Sheldon Silver are holding back the New York economy with taxes and regulations.

Collins hit on themes he would return to when he and Moss appeared later at the Genesee County Women's Republican Club event at Batavia Downs and the Genesee County SCOPE meeting at the Calvary Baptist Church on Galloway Road, Batavia.

Collins said "New York is losing." People are moving away. Businesses are moving away. There was a time when New York had 45 members of Congress and Florida had seven. Now, New York has 27 and Florida has 29.

"The governor says there are now two blocks around University at Buffalo that are now tax free and I say, 'governor, in Texas, the entire state is tax free; in Florida, the entire state is tax free,' " Collins said. "This is all smoke and mirrors. If it wasn't so sad, it would be a joke. He's creating this illusion that New York is prospering."

Moss also spoke out against the SAFE Act and Common Core.

He said first thing on the agenda for an Astorino/Moss administration would be defunding and repealing the SAFE Act.

He also announced that yesterday, the campaign had turned in 65,000 signatures had been gathered to create a party line on the election ballot for an Anti-Common Core Party. Such a line, he said, could tip the election to Astorino.

Yunker, Collins and Moss.

Chris Moss

Moss, who is sheriff of Chemung County and president of the New York Sheriff's Association, with Susan Maha and Sheriff Gary Maha.

Local, award-winning artists Terry Webber and Bernice Yunkers have a joint exhibit at the Richmond Memorial Library now through the end of August.

Richmond Memorial Library patrons and supporters got a chance to meet new director Bob Conrad during a reception Tuesday.

Conrad is originally from Rochester, a 1992 graduate of Eastridge High School. He lived for 22 years in the Chicago area where he earned an undergraduate degree in Radio, TV and Film and a graduate degree in Library and Information Science.

He worked for 10 years in the Chicago library system before he decided he wanted to take his career to the next level. He started looking for jobs in New York and California and when he found the opening in Batavia he said it was "a perfect fit."

As a new director, he's not coming in looking to make a lot of changes. We have something good here in a library, he said, and he wants to keep it that way.

"I want the best library that this community can support and the best library that can support the community," Conrad said, adding, "Right now, I'm just learning the job. I'm delighted that the staff all seem to know what they're doing and that the community really treasures the institution, so my first job is not (to) break it."

Conrad is buying a home in Batavia, but in the meantime, he's staying with family in the Rochester area.

He's very familiar with WNY. His family took annual trips to Letchworth and Watkins Glen and he worked at Seabreeze in high school. But when Conrad started spreading the news that he was taking a job in Batavia, it prompted a little geography lesson for those around him in Illinois. They are far more familiar with another Batavia (their very own).

"I did have to disambiguate to all of my colleagues when telling them where I was going to be library director," Conrad said.

Bob Youll's business sucks -- in a good way.

A lifelong Batavia resident, Youll has been running "The Vac Shop," at 329 Ellicott St. in the city, since 1991. He attributes the longevity of his business to perseverance, word of mouth and steady business.

"Off the top of my head, I'd say I get between 30 and 50 regular customers," Youll said. "Though it does fluctuate from year to year due to people moving, changing jobs, etc."

Youll will take care of anything from major motor repairs to changing belts and cleaning out clogging.

From time to time, he will repair other household items -- such as blenders, lamps and heaters -- as well. He also sells used and rebuilt vacuums, as well as the occasional new vacuum.

Formerly employed by a Batavia catalog store (now closed), Youll got his vacuum repair training from The Vac Shop's former owner, Joe DeFazio.

"Joe taught me about basic vacuums," he said. "At that time, most of it was self-taught. You would get a machine, take it apart, and see where everything was. Now the Internet also helps in locating parts and the like."

Basically, Youll approaches his work not only with a view to the customer's immediate need, but also with the average consumer's perspective on vacuuming in mind.

"Vacuuming is usually an afterthought," he said. "People want to get it done, and quickly. (When working on repairs) I try to set the machine up for that use."

He also knows the extra details that are better to take care of right away -- such as putting a new belt on the machine -- so that the equipment will not need to be sent back at a later date.

Store hours are Monday through Friday, 9 a.m. until 5:30 p.m. and Saturday, 9 a.m. until 4 p.m. For more information, call 343-7754.

Photos by Howard Owens.

Reason Magazine: California Congressman Wants to Ban Civilians from Buying Body Armor

Gubernatorial candidate Rob Astorino was scheduled to be in Batavia today, but he had a family emergency and is unable to make his scheduled campaign appearances.

His running mate Chris Moss will however be at the the GOP Women's meeting at 6:30 p.m. at Batavia Downs, and then he will also speak at the SCOPE meeting at 7 p.m. at Calvary Baptist Church, 3515 Galloway Road.

The sign placed in front of Batavia Marine on West Main anticipated Astorino being in town today, but then his plans changed.

Astorino, who hopes to unseat Andrew Cuomo, has been crisscrossing the state for several months, but has yet to make an appearance in Genesee County.

CORRECTION: Astornio visited Genesee County two days after announcing his candidacy. He made an appearance at Larry's Steakhouse.

Mary Repast, Kim Floskowski and Lisa Wittmeyer were in Austin Park yesterday handing out fliers to promote a Penny Carnival hosted by Community Action of Orleans and Genesee Counties.

The Carnival will be in the park next Friday, Aug. 22, from 10 a.m. to 2 p.m.

Children are encouraged to bring pennies.

The event is co-sponsored by the Salvation Army, Care-A-Van and Jr. Angels in Action.

There will be games and prizes.

The trial for a Batavia man accused of breaking into a house on Park Avenue in January got under way today. Akeem M. Simmons, 23, is one of two men accused of first-degree burglary in the crime.

He is also accused of first-degree criminal use of a firearm for allegedly possessing a loaded weapon during the commission of a crime, even though the weapon was allegedly found on the other defendant, 18-year-old Nathaniel R. Davis. Both are Class B violent felonies. The Davis case is still pending. They are also accused of fourth-degree conspiracy.

During opening statements this morning, District Attorney Lawrence Friedman told jurors that two people were seen running out of the house.

"On January 14 of this year, a resident at (X) Park Ave., Batavia, was looking out her window and noticed two people go up the driveway of (X) Park Ave., go around the back part of the house and break in," Friedman said. "She then called 9-1-1 to report the incident."

According to a witness, two people ran out the back in a southwesterly direction along a path behind St. Paul's Lutheran Church. WIth law enforcement converging on the scene, the duo split up -- one ran east toward State Street and the other ran west toward Lewis Avenue.

Davis, who ran east, was apprehended immediately. Simmons, on the other hand, was chased by police and lost during the chase. When officers failed to catch him a manhunt ensued with Batavia PD, the Sheriff's Office, State Police, a K-9 and a helicopter. He was apprehended in about 45 minutes.

Deputy Brian Thompson and his K-9 Pharoah found Simmons hiding under a tarp at a nearby residence, Friedman told the jurors. Furthermore, a black hoodie, gloves, a black and white bandana, and a baseball hat with red trim on the brim, was also found in Simmons' possession.

According to the DA, when Simmons was interviewed, he gave alternate excuses of why he was running from police and denied knowing Davis.

"Search warrants for both men's phones found that Davis had a contact nicknamed Kemo," Friedman said. "Upon investigation, it was found that the number in Davis' phone belonged to Simmons. This suggests that the phone evidence links Simmons to Davis, as well as the crime committed."

He wound up his opening statement telling jurors that testimony from Davis is a possibility.

"Davis's credibility will be attacked," Friedman said. "Don't get hung up on Davis, listen to the proof to find the defendant guilty of the crime."

While they didn't get a chance to steal anything, according to a previous statement by a detective in the case, it is still burglary by virtue of the two breaking into the house with the intent to commit larceny.

"When all is said and done and the proof is in," Friedman said. "I will ask the jury, based on the evidence, to find Simmons guilty as charged."

Subsequently, Defense Attorney Thomas A. Burns told jurors that it makes perfect sense that they were told that opening statements are not evidence.

"Consider the court process, listen to the facts of the testimony and evidence to prove that Simmons did not commit the crime he is charged with," Burns said.

The defense attorney told the jurors to keep an open mind and see the evidence showing Davis, alone, entered the house; it was Davis who was apprehended running away from the house, and it was Davis who was Tased and when that did not stop him, it was Davis who was tackled by police.

In addition, Davis was also found with a loaded weapon -- which, when examined by police, was found to be capable of causing injury or death -- plus a screwdriver, Burns continued. And upon examination of the gun, no DNA links Simmons to the weapon, nor do any of the fingerprints found on it.

"The neighbor will testify that she saw two people at the Park Avenue home, yet she cannot describe them," Burns said. "She told police that she heard a sound of two people going in and coming out."

Burns also informed the jury that at the time Simmons was found, he had an outstanding parole warrant.

"The people have the burden of proof in this case," the defense attorney said. "If you listen to Davis's testimony, not only listen to what he is saying, listen to what is behind what he is saying.

"You are asked to judge the credibility of people. Davis is not on trial at this point, Simmons is," he continued. "When you hear all the evidence, at the conclusion I ask that you return a verdict of not guilty."

Testimony continues today with Judge Robert Noonan presiding.

Press release:

Downtown Batavia  –  “Bring Your Feet Downtown” to the Batavia Business Improvement District’s 11^th Annual “Summer in the City” Festival in beautiful Downtown Batavia from 11 a.m. to 9 p.m. on Saturday, Aug. 16.

More than 5,000 people attend this event annually – rain or shine.

There will be more than 65 vendors. Food concessions will be serving: BBQ, hot dogs, hamburgers, fried dough, lobster rolls, pizza, pulled pork sandwiches, and ice cream and lots more delicious treats.

Artists and crafts persons will have several booths featuring a variety of artwork, furniture, jewelry and unique clothing and gifts for sale.

A super entertainment lineup throughout the afternoon and evening on the Main Stage located on Main Street near Wendy’s. 

• Corfu Pembroke Community Band starts things off at 11 a.m.
• Old Hippies with favorites from the '60s and '70s (12-1 p.m.)
• Area Dance Groups (1-2 p.m.)
• BHS Trumpet Ensemble ( 2-3 p.m.)
• Terry “Elvis” Buchwald will be rock’n' Downtown ( 4- 6 p.m.)
• The headliner: Mitty & The Followers will have everyone dancing to their MoTown and R&B sounds ( 7-9 p.m.)

KidsZone is bigger and better with five bounce houses, games, face painting and lots more for the entire family throughout the day. The Zone will be located on Court Street.

A Super Car Cruise and Motorcycle Alley for car and cycle enthusiasts with over 400 vehicles of all kinds. This includes vans and trucks. Parking will be on Main, Bank, Center and Jackson streets.

For runners and walkers the 33rd Donald R. Carroll 5K Race & Walk will take place at  9 a.m. on Bank Street. Registration is 7:45 to 8:45 a.m. Register online at: DonCarrollrace.com

*** New this year --  Chalk Art Fest with artists creating unique artwork on Downtown Batavia’s streets. Artists will begin their masterpieces on Friday, Aug.15th at 5 p.m. and Saturday, Aug. 16^.  Prizes will be awarded. Contact: leanna@vibrantbatavia.com

Be healthy at United Memorial Medical Center’s Health Fair under the big tent on East Main Street featuring all kinds of heathy lifestyle tips and testing.

For more information Call 585-344-0900 or visit the B.I.D. Web site at www.downtownbataviany.com

Press release:

The Batavia Police Department will be conducting alcohol sale compliance checks at points of service and sales on future dates. The Police provide this service to the community to ensure all vendors are vigilant in properly identifying the age of persons who are buying alcohol. The Police Department partners with Genesee Council on Alcoholism and Substance Abuse (GCASA) and has learned through their surveys from the community that underage alcohol consumption is still a concern. Abuse of alcohol by underage individuals is a cause of accidents and other poor choices for this age group. Compliance checks are a way to demonstrate, not only to the vendors but to underage individuals, that this community cares about the wellness of its citizens.

Shannon H. Dick, 33, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, failure to keep right on a bicycle while in the roadway and failure to stop before entering a roadway on a bicycle. Dick was observed by Officer Jason Davis allegedly operating her bicycle in an unsafe manner and acting suspicious while leaving a residence on State Street.

Andrew J. Paladino, 35, of Shelter Street, Rochester, was taken into a custody on a warrant out of Family Court. Paladino was jailed on $2,500 bail.

Allen W. Gray, 34, of Oak Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and criminal contempt, 1st. Gray is accused of grabbing a person by the shirt, shoving him and knocking him off his bike. The victim's shirt was stretched, a necklace was broken and his right knee scratched. Gray is under court order to stay away from the alleged victim.

Tyrone L. Doward Jr., 24, of East Avenue, Lockport, is charged with criminal trespass, 2nd. Doward was arrested after an investigation of a person climbing through the window of an occupied apartment. Doward was reportedly unknown to the occupant. 

Eric C. Smith, 26, of Bank Street, Batavia, was arrested on a pair of warrants for alleged improper parking. Smith was located while police were on an unrelated complaint. He's accused of parking on city streets between 2 and 6 a.m.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Benz was located at a residence on Jackson Street allegedly in possession of marijuana.

Diana Lynn Bloom, 56, of State Street, Batavia, is charged with harassment, 2nd. Bloom is accused of hitting another woman while in a vehicle on Bank Street.

Kimberly M. Douglas, 32, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas turned herself in at Batavia PD.

Ernest Robert Saari, 32, of Alleghany Road, Attica, is charged with speeding, aggravated unlicensed operation, 2nd, and unregistered trailer. Saari was stopped by Officer Nedim Catovic on East Main Street, Batavia, for allegedly driving 45 mph in a 30 mph zone. He was jailed on $500 bail.

Robert W. Plantiko, 39, of Thorpe Street, Batavia, is charged with petit larceny. Plantiko is accused of stealing a box of garbage bags from Kwik Fill at 99 Jackson St., Batavia.

Joseph T. Burr, 21, of Oak Orchard Road, Elba, was arrested on a warrant out of City Court. The warrant was for driving an uninspected motor vehicle. Burr posted $100 police bail and was released.

Juliann Thomas, 51, of Chili Avenue, Rochester, is charged with DWI, refusal to take breath test, moved from lane unsafely and failure to stop for stop sign. Thomas was stopped at 1:48 a.m. Saturday on Clinton Street, Batavia, by Officer Darryle Streeter.

Harry T. Gibson, 50, of Batavia, is charged with DWI and aggravated unlicensed operation. State Police out of Warsaw responded to a report of a disabled vehicle on Route 98 in the Town of Java. Gibson was allegedly found behind the wheel and failed field sobriety tests. He was later found to have a BAC of .10 based on a breath test. He was jailed on $2,500 bail.

Dawn K. Cochran, 44, of Le Roy, is charged with DWI. Cochran was stopped at 5:55 p.m. Sunday in the Town of Pavilion, by State Police.

(name redacted upon request), 39, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. xxxx was stopped at 9:17 p.m. Friday on Route 33, Stafford, by State Police.

Matthew C. Moy, 21, of Holley, is charged with DWI and driving with a BAC of .08 or greater. Moy was stopped at 9:35 p.m. Friday on Route 262 in Byron by State Police.

A missing 15-year-old was located yesterday by Batavia PD officers as he was riding his bike on a city street.

While media reports about D' Andre Cramer generated tips about his possible whereabouts, Det. Richard Schauf said, in the end, he was located by observant officers.

With the rise of opiate-related deaths not just nationally, but regionally, city Fire Chief Jim Maxwell is recommending that firefighters and EMTs start carrying medical emergency calls kits that can save lives.

The kits contain doses of naloxone, a drug that counteracts the the most fatal effect of an opiate overdose.

When a person ODs on heroin or an opiate-based prescription medication, the drug shuts down brain function that controls breathing. The person literally forgets to breath. Naloxone stimulates that portion of the brain and the person will start breathing again.

Firefighters have already been trained to recognize the signs of an opiate overdose, but even if they're wrong, naloxone is not harmful if misapplied.

"If it's not an opiate overdose, you can't hurt the patient," Maxwell said. "You can't overdose on it or anything along those lines, so if it's a false recognition and they administer it, it doesn't do anything to the patient."

Naloxone is not a controlled substance, so it needs no additional security to store it and any properly trained emergency personnel can administer it.

The initial investment for the city is from $300 to $400. The kits cost $30 to $50 each. Each kit contains a syringe with an atomizer attached.

A first responder who finds a patient showing signs of an opiate overdose -- no, or labored breathing, and perhaps supported by statements of others with the patients, or evidence found in the location of the patient -- would administer the naloxone through the patient's nose.

Half the dose goes up one nostril, the other half is sprayed up the second nostril.

The City Council is being asked to approve a contract with UMMC for purchase of naloxone and related supplies.

The council will vote on the proposal at its next business meeting.

Maxwell said there are no available statics on opiate-related deaths locally, but a regional report shows a rise of from two in 2011 and 105 in 2013.

Batavia's Centennial Committee plans to start 2015 off with a bang, but the celebration won't stop there.

The 100th Anniversary of Batavia's incorporation will be marked by events all year long, members of the committee told the City Council on Monday night.

"This event, I believe, is going to spawn something already taking place in our community" said Marty McDonald, a committee member. "It's going to spawn excitement in our community."

A project of Vibrant Batavia, the committee is in the process of raising $100,000 to fund the celebration. So far, sponsors have pledged $63,000, including $20,000 from FreedMaxick and $10,000 from Tompkins Bank of Castile. Other sponsors include Lawley Genesee, Turnbull Heating and Air, Merrill Lynch, Valle Jewelers and Trifthauser & Salmon Orthodonitics.

The opening of the Centennial Celebration is just five months away, New Year's Eve.

The community is planning a "Centennial Plaza" centered on Court Street and stretching down Evans to Falleti Ice Arena. There will be live music (on a train bed car sitting on the tracks at Evans and Mill), vendors, and fun and games.

At midnight, there will be -- just as there was 100 years ago to mark the incorporation of the city -- a fireworks display. 

The committee promises a big one.

The display will be launched behind the fire hall on Evans.

The committee is also offering 200 "Century Club" memberships for $100 per couple, which will include tickets to a "Dress the Decades" party inside City Hall on New Year's Eve. Memberships are available to all residents and are being sold on a first-come, first-served basis.

The committee is also planning the installation of 40 centennial banners throughout the city, a 100-tree planting project, installation of a time capsule in front of City Hall, a historic walking trail and a birthday celebration tied to the July 4 Picnic in the Park.

The committee is planning to apply for a National Grid Community Foundation grant to pay for the 100 trees, which would be planted in the spring, during United Way's Day of Caring, at locations throughout the city, including parks, city right-of-ways and Centennial Park.  

The committee is also planning what it's calling a "Legacy Gift" -- a sculpture or multipurpose remembrance to be installed somewhere in the city and paid for by sponsors. The installation would take place some time in the fall.

The committee is asking for City Council support in the form of attending all events, use of City Hall for the New Year's Eve party, approving street closures for events, and the use of city resources such as the youth bureau, police, fire and maintenance to support Centennial events.

Sunlight danced on the leaves while music stirred a sighing breeze, time seemed to stop for awhile as neighbors eased into languid conversation and lilting laughter. Lewis Avenue was the gathering place Saturday evening in what was the first block party for this tight-knit community.

As part of the event, a proclamation on behalf of Brooks Hawley and the City of Batavia was presented to both Stephen and Mike Rosenbeck of Lewis Avenue for their ongoing efforts of keeping the neighborhood together.

“Stephen and Mike have provided outstanding public service, selfless acts of charity, compassion and genuine concern for their fellow Batavians,” Hawley said upon presentation of the Good Neighbor Recognition Certificate.

Leanna DiRisio, community organizer with Vibrant Batavia, partnered with Paul and Bridget Ohlson of Care-a-Van Ministries to make the block party a community event.

“Our mission is to bring communities together and open lines of communication,” DiRisio said. 

“We’re building friendships,” Ohlson said. “Some residents may not know each other so this is a way to bridge people together.”

“When we first moved in,” James Bellamy said. “The Ohlsons came over with a cake and introduced themselves. That’s the kind of welcome that brings people together.”

Bellamy moved to Lewis Avenue in May 2009 from Kent County, England. He and his wife, Kathryn (Katie), moved stateside to be closer to Katie’s family, who live in the Batavia area.

“This is the first street party that I’ve been to since I was a kid,” Bellamy said. “My first ever street party was for the (50th anniversary of the) coronation of the Queen.”

There are many services a city has to offer and DiRisio’s job is to inform people of those services to help make the connection for better relations.

While melodies of the band The Old Hippies played in the background, children played in the street and drew pictures with sidewalk chalk as their adult counterparts reacquainted themselves with their neighbors.

“This is our ministry. This is our city,” Ohlson said.

Residents of a development known as Presidential Acres in Le Roy and their neighbor Pete McQuillen are still scrapping over home building in the area.

In 2012, McQuillen had plans thwarted by a lawsuit to build a group of single-family homes for people 55 and older on 12 acres he owns off Robbins Road.

Now, McQuillen is one of nine defendants in a lawsuit brought by 12 homeowners in Presidential Acres.

The suit alleges that duplexes being built by McQuillen violate village zoning law and were improperly approved by the Village and the Zoning Board of Appeals. 

If the suit is successful, it could mean McQuillen would have to remove the buildings already completed and occupied.

The plaintiffs also alleged that the ZBA, as a hybrid body serving both the Village and Town of Le Roy, is an illegal entity that should be abolished. The village, the suit contends, should have its own ZBA.

After an initial hearing last week, Judge Robert C. Noonan issued a stay on any further development of duplexes, but primarily because the defendants didn't oppose the stay on one lot in particular and any lots not yet planned for development.

Preliminary injunctions in lawsuits are usually only granted in cases where a judge deems the plaintiffs are likely to prevail on the merits of their case. 

"The Village's opposition and relatively complex zoning history of the subdivision, petitioners likelihood of success is by no means clear," Noonan wrote in his decision.

The plaintiffs in the case are Randolf Bartz, Jane Bickett, Candace Bower, David Boyce, Robert Boyce, Elizabeth Boyce, Joseph Condidorio, John Green, Joseph McKay, Stephen Moulton and Ronald Paganin.

The defendants are the Village of Le Roy, the Zoning Board of Appeals, Jeffrey Steinbrenner (code enforcement officer), Daniel Lang (code enforcement officer), John Gillard, Duzmor Painting, Inc., Circular Hill, Inc., Peter McQuillen, Judith McQuillen and John Does.

In 2012, McQuillen lost a lawsuit brought by Boyce and Town Supervisor Steve Barbeau, who both have properties adjacent to a 12-acre parcel where McQuillen planned to build homes for people 55 and older.

Boyce and Barbeau prevailed in that suit, which also named the village as a defendant, and that development was halted.

Subsequently, McQuillen started building duplexes on property off Filmore Drive, an -- at the time -- unfinished street connecting Presidential Acres with Robbins Road.

During this time period in 2013, McQuillen built a barn near the property line of Barbeau's residence.

Barbeau and other Presidential Acres residents challenged the legality of the barn, but after McQuillen requested a permit to built a house on the same property, the ZBA allowed the barn to stand.

The new lawsuit challenges that ZBA determination and seeks to have the barn removed.

In August of 2013, Barbeau confronted McQuillen over activity adjacent to Barbeau's residence. Barbeau allegedly pushed McQuillen and was later arrested. That criminal case is still pending.

(Previously: Barbeau and McQuillen feud building for months)

The main point of contention in the new suit (we'll call it the Bartz suit, after the first name listed on the Plaintiff's side) is that one side claims Presidential Acres is zoned R-1, meaning only single-family residents and other side claims that when the subdivision was created, it was planned to contain at least 10 duplexes.

McQuillen's construction of duplexes has been based on his belief, and approvals have been granted by the village and the ZBA, that Presidential Acres can have up to 10 duplexes in the subdivision.

The Presidential Acres subdivision was approved by the village in January 1989, with up to 10 duplexes permitted. 

It's the contention that development of the subdivision was suspended in 1999 and there were no plans at that time for duplexes.

A new zoning law that made the entirety of the village R-1 was enacted in August 1990. 

The plaintiff's contend, then, that the subdivision as once approved is no longer in effect and current zoning law makes all property in the neighborhood eligible for only single-family home development.

The ZBA issued a determination in June that the subdivision rules still apply to development within the Presidential Acres area.

In his own affidavit, Lang, a code enforcement officer with the Town of Batavia, who is part of a shared services agreement with Le Roy, states that if Presidential Acres is indeed R-1 and not a subdivision, several of the plaintiff's homes are out of compliance with zoning because their frontage doesn't conform to R-1 zoning.

Lang said he believes the subdivision rules still apply and the duplexes are permitted.

It will be matter for further court proceedings to determine which side is interpreting Le Roy's conflicting zoning rules correctly.