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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.

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.

A driver from Batavia was uninjured in an accident Thursday in Wyoming County after he apparently fell asleep.

Alex Jarvela, 25, was, however, cited by State Police. Jarvela received traffic tickets for allegedly moving from lane unsafely and driving left of pavement markings in a no-passing zone.

The accident occurred on Route 246, Town of Perry.

Jarvela was southbound when his vehicle drifted into the northbound lane and exited the highway off the east shoulder, coming to rest in a ditch.

The Perry and Perry Center fire departments assisted at the scene.

Should New York build four more casinos?

New York Times: Albany Doubling Down as Casino Boom Fades

Tonight was the second super moon of 2014. Here it is over Downtown Batavia.

I went out this afternoon to see if I could get a photo of the accident on the Thruway in East Pembroke. There was no vantage point for an accident photo, but I did come back with three pictures from Slusser Road.

The following people were arrested by the Genesee County Sheriff’s Office during the One Republic concert at Darien Lake Performing Arts Center on Saturday:

Christopher M. Kirsch, 19, of Gerald Drive, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Bryce R. Feiner, 18, of West 70th Street, Dunkirk, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Jenna R. Andolina, 18, of Tisbury Road, Hamburg, was issued a ticket for alleged possession of a fictitious Pennsylvania Identification Card.

Jim Owen and Kathy Hochul at Saturday's Batavia Muckdog's game at Dwyer Stadium. 

Owen was one of Hochul's teachers in high school. Hochul is the former congressional representative for Genesee County and a current candidate for lieutenenant governor.

Photo provided by Hochul's campaign staff.

The Ghost Riders played Jackson Square on Friday evening.

Photos by Amanda Earl.

Among the artists painting fire hydrants Downtown this weekend as part of a Vibrant Batavia project was Brian Kemp, co-owner of T-Shirts Etc. Kemp painted the hydrant in front of the Key Bank location.

Photos by Amanda Earl.

To say Blackberry Smoke rocked the house Saturday night at Frost Ridge might be misconstrued.

There are no reports of windows rattling in the homes of Frost Ridge neighbors.

In fact, a deputy assigned to monitor the decibel levels at Conlon Road and Oatka Trail Road said the noise level never went much above 60 decibels, well below the threshold of 100 set by Judge Robert C. Noonan when he issued an order a few days ago allowing the concert to take place.

The fact is, at the corner of Conlon and Oatka Trail, through most of Blackberry Smoke's set, the crickets were louder than the music.

Blackberry Smoke is billed as an up-and-coming, soon-to-be-big-stars Southern rock/outlaw country band, and if fame is measured by only a few hundred die-hard, rambunctious fans, Blackberry Smoke has already hit the big time.

They did rock the house and the fans raised the roof.

The band is Charlie Starr (lead vocals, guitar), Richard Turner (bass, vocals), Brit Turner (drums), Paul Jackson (guitar, vocals), and Brandon Still (keyboards).

A five-piece combo can make a lot of noise, and inside the Frost Ridge amphitheater at stage level, the band seemed no less loud than their show in the same venue a year ago.

A sound engineer familiar with the venue predicted before the show that the hill between Frost Ridge and the homes of Cleere and Collins (the two plaintiffs in one of the lawsuits against Frost Ridge) would absorb all of the treble and mid-range of the music, while bass tones would bend some and carry over the hill.

The crickets, he said, would be louder.

That certainly seemed to be the case.

In their lawsuit against Frost Ridge, the Cleeres have claimed that they can't sit outside their home on concert nights, the noise is so loud, and that when they try to go inside and close the windows, the walls shake because of the noise.

The Town of Le Roy is pursuing a parallel suit against Frost Ridge.

Both suits allege that live music at Frost Ridge violates local zoning laws, even though the campgrounds owners, Greg and David Luetticke-Archbell, received a previous ruling from the Zoning Board of Appeals that the use is an allowable, prior nonconforming use (grandfathered in).

While the Town of Le Roy is not suing the ZBA, the town board does not agree with that ruling, or does not find it valid. The Cleeres and Collins suit names the ZBA as a co-defendant. 

Delays in the process have prevented a hearing on whether the ZBA decision was filed with the town clerk prior to April 6. That hearing will be held Aug. 21. If it's determined that ZBA decision was filed prior to April 6, it could invalidate the the lawsuits against Frost Ridge on statute of limitations grounds.

Because of the delay of the hearing and the financial toll to Frost Ridge with five previous shows cancelled by court order, Noonan lifted the restraining order for the Blackberry Smoke concert, but barred alcohol sales.

The next scheduled show is at The Ridge NY is Phil Vassar and the Morgan Twins, Aug. 23.

The slide show below also includes photos of Chris Weaver Band, one of Saturday's opening acts.

AUDIO: A recording taken during the concert last night at the corner of Conlon and Oatka Trail (mp3).

A seat front-and-center for the Blackberry Smoke set was auctioned off and $375 was raised for the Le Roy Fire Department. 

The decibel reader employed by a deputy to monitor noise levels at Conlon and Oatka Trail roads.

A caller reported her car stolen. A Le Roy officer responded to take a report and investigate. He requested a "be on the lookout for" to other units.

A few minutes later, the woman called back and apparently told dispatchers, "You know what, now that I think about it, I think I left the car at Scooter's last night."

The officer responded to Scooter's. The car is parked at Scooter's.

Must have been a wild night.

A car has hit a pole on Route 262 just east of Fisher Road. At least one person is injured. Oakfield fire responding with Mercy EMS. Mercy Flight on ground standby. 

UPDATE 4:20 a.m.: Patient is being transported to ECMC.

Press release:

The 2014 New York-Penn League All-Star roster will include four players from Batavia. They will send infielder Mason Davis, catcher Rodrigo Vigil and pitchers Michael Mader and Alex Carreras to the game to be held Tuesday, August 19th at MCU Park, home of the Brooklyn Cyclones.

Davis, a 19th-round pick in the 2014 draft, has played in 41 games for the Muckdogs this year and has been among the league leaders in hitting all season. Davis currently ranks fourth in the league in hitting, with a .329 batting average, fourth in on-base percentage at .407 and third in OPS at .891.

Rodrigo Vigil was an undrafted free agent signing in 2009 and has started 20 games behind the plate for the Muckdogs this season. He is currently batting .254 with eight runs scored, four doubles and seven RBI’s. Vigil has been solid behind the plate this year for the Muckdogs, throwing out 46 percent of the runners who have attempted to steal on him.

A supplemental 3rd-round pick out of Chipola College in the 2014 draft, Mader has started nine games for Muckdogs in his first professional season. The left-hander has compiled an ERA of just 1.80 and has racked up 20 strikeouts in 30 innings pitched. Opposing batters are hitting just .192 against Mader so far this season.

Alex Carreras is in his third year of professional baseball and was a Minor League free agent signing in 2014. The left-hander has appeared in 15 games this year and is 5-2 with an ERA of 1.85. He has also recorded 27 strikeouts in his 34 innings of work and opposing batters are hitting just .220 versus Carreras this year.

Batavia currently holds the fourth-place spot in the Pinckney Division with a record of 24-30 and sit only five games out of the Wild Card. The Muckdogs sent five players to the 2010 All-Star game, six in 2011, five in 2012, and four players in 2013.

The following people were arrested by the Genesee County Sheriff’s Office and NYS DMV Investigators during the Drake/Lil’ Wayne concert at Darien Lake Performing Arts Center on Friday.

Lamesa Frazier, 30, of Sixth Street, Niagara Falls, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. Frazier was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Bryan L. Becker, 19, of Price Road, Livonia, is charged with trespass (two counts) and criminal trespass, 3rd, after allegedly reentering the venue three times after being ejected and told not to return each time. Becker was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

Gianna N. Cornman, 29, of Brinton Street, Buffalo, is charged with criminal trespass, 3rd, and trespass after allegedly reentering the concert venue twice after being ejected and told not to return. Cornman was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

Samantha C. Escudero, 29, of Sixth Street, Niagara Falls, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. Escudero was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Michael H. Fronckowiak, 27, of Park Place, Buffalo, is charged with harassment, 2nd, after allegedly striking a CSC security guard. Fronckowiak was arraigned in Darien Court and remanded to jail in lieu of $300 bail.

Bryan A. Rosario, 19, of Locust Drive, Fairport, is charged with criminal possession of marijuana, 5th, after allegedly possessing more than 25 grams of marijuana.

Hannah J. McNamara, 20, of Lake Street, Angola, is charged with criminal trespass, 3rd, and trespass after allegedly re-entering the concert venue twice after being ejected and told not to return each time.

Timothy J. Fletcher, 21, of Westside Drive, Churchville, is charged with criminal trespass, 3rd, and trespass after allegedly entering the concert venue twice after being ejected and told not to return each time.

A 17-year-old of Edwards Road, Waterloo, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

William G. Sulkowski, 19, of Ashley Drive, West Seneca, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Adam J. Hurd, 22, of East Genesee Street, Auburn, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Alicia R. Alagna, 18, of Tennyson Avenue, Buffalo, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jacob E. Fish, 19, of Saint Joan Lane, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Cooper W. Zurich, 17, of Wayneport Road, Macedon, is charged with harassment, 2nd, trespass and resisting arrest after allegedly refusing to leave the concert venue, pushing a Darien Lake employee and the resisting the arrest.

Emily N. Dory, 20, of Sweet Home Road, Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Rachel C. Andrews, 27, of Milford Street, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Alexander J. August, 19, of Kings Trail, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old of Kings Trail, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old of Kippen Drive, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 16-year-old of Westwood Drive, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Matthew P. Dimartino, 28, of Pickthorn Drive, Batavia, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Alexander J. Schianl, 20, of Valewood Run Penfield, criminal trespass, 3rd, after allegedly jumping over a gate into the concert venue.

Dustin H. Waldeck, 22, of Graver Road, Niagara Falls, is charged with harassment, 2nd, after allegedly punching a Darien Lake Security guard in the face.

Katelyn R. Flanagan, 18, of Wolfboro Drive, Fairport, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Terren N. Craig, 18, of Wilmuth Avenue, Lackawana, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 16-year-old of Washington Street, Salamanca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

The following were issued tickets for alleged license violations:

Victoria M. McMahon, 20, Rochester
Lea C. Preller, 20, Rochester
Lavalle A. Walker, 20, Buffalo
16-year-old from Kenmore
Thomas G. White, 19, Lancaster
Kaira A. Koller, 18, Amherst
Elisebeth Anczok, 20, Niagara Falls
Austin J. Gieseke, 20, Livonia
Andrew J. Parrilli, 20, Pittsford
Joseph R. Arias, 18, Williamsville
Cody D. Herman, 19, Ontario, Canada
Melanie M. Glover, 19, Kenmore
Tyler R. Biedron, 19, Buffalo
Jessica R. Holmes, 19, Syracuse
Rachel V. Smith, 19, Niagara Falls
Jacob J. Monna, 19, Webster

The Yankees are in town, and that helps. So does post-game fireworks. Either way, 1,500 baseball fans came out to Dwyer Stadium on Friday.

Alas, the Muckdogs lost, 4-2.

Sadly, that's been the trend for the hometown team recently. Batavia has lost seven of its last eight games. All low-scoring affairs.

At 24-30, the Miami Marlins affiliate is fourth in the Pinckney Division, trailing first place State College (now the Cardinals affiliate) by nine games.

Last night's game completed a three-game series with Staten Island, which gave local New York fans a chance to see some of the Yankees prospects, including 18-year-old catcher Luis Torrens. The Venezuelan was signed as a free agent by the Yankees at age 16, when he was considered one of the top two international prospects.

He's hitting .304 on the season, but Batavia pitching kept his bat silent in this series. His only hit came last night.

For the Muckdogs, second baseman Mason Davis continues to impress. He's hitting .329, fourth best in the league, and had two more hits Friday. 

John Norwood also had a two-hit game. Norwood is riding high after signing with the Marlins six days ago as a free agent. Norwood hit one of the few home runs in this year's College World Series, and the dinger propelled Vanderbilt to its first national championship in baseball. Norwood, who decided to forego his senior season to turn pro, is off to a hot start in three games, with four hits in 10 at bats.

Catcher Christopher Hoo, a 27th round draft pick out of Cal-Poly, also had two hits.

The losing pitcher was Scott Squier, a 16th-round draft pick in his first professional season. He gave up three earned runs in four innings. This was his second start. He's 1-2 in nine appearances with a 3.00 ERA.

New York Mets fans can come out to Dwyer Stadium the next three days to check out Mets prospects while the Brooklyn Cyclones are in town. Tonight's game will include post-game fireworks. Game time is 7 p.m. On the mound for the Mets tonight is Marcos Molina, a top-10 prospect who is 5-1 with a 1.27 ERA.

A motor-vehicle accident with injuries is reported in the area of 1499 Sumner Road, Darien. 

Darien fire and ambulance responding. 

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider three projects at its August 12, 2014, board meeting.

Muller Quaker Dairy is planning to improve its data infrastructure with a new enterprise backup and test environment solution, a project which would retain 143 jobs. The benefitted amount of project the GCEDC board can assist with is $185,000 and the total project incentive request is $14,800 for sales tax exemptions only. The board will consider a final resolution for the project.

Batavia Shoes LLC is planning to purchase the assets, manufacturing facility and client lists of PW Minor, a manufacturer and distributor of leather footwear and orthopedic products located in the City of Batavia. The board will accept the application for the project and consider an initial resolution.

Calamar is planning to build a 117,000-square-foot, three-story building that will house 110 senior apartment units, a lobby and common rooms in the Town of Batavia. The company is investing $11 million which will create up to 200 temporary construction jobs. The board will consider an initial resolution that will set a public hearing for the project.

The GCEDC Board meeting will take place at noon and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College.

We all expected P.W. Minor, one of Genesee County's oldest businesses, to close July 31.

That didn't happen.

Now it looks like the nearly 150-year-old shoemaker will be around for awhile longer yet.

Pete Zeliff and Andrew Young have purchased the assets of P.W. Minor and Sons and hope to soon to acquire rights to the P.W. Minor name so the company can continue selling shoes under that brand.

The new company will operate as Batavia Shoes, LLC, in the interim. 

There will be an official announcement of the deal Thursday, according to an invitation sent to local officials this morning by Genesee County Economic Development Center.

Zeliff is a local businessman known for his love of aviation. He is senior executive vice president and COO of EIF Renewable Energy Holdings, LLC, in Oakfield. He also branched into residential home development this year, building a housing community off Route 5 and Seven Springs Road in Batavia (the first house is nearly finished). Zeliff is a recent appointee to the GCEDC board.

Young is a local real estate broker and investor and was elected last year to the Genesee County Legislature. He is a member of the Genesee Gateway Local Development Corp., a nonprofit agency of GCEDC.

The details of the purchase have not been released yet, but Zeliff and Young confirmed the purchase is taking place. They said they couldn't say more at this time.

"We're going to run this company going forward and we're going to grow it and expand it," Zeliff said. "Our goal is to bring manufacturing back to Batavia and expand it."