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The city's effort to come up with a strategy for dealing with stray cats, aka, "community cats," will now move to a committee phase with the inclusion of representatives from county government.

Assistant City Manager Gretchen Difante told Council on Monday night that she's met with County Manager Jay Gsell, which led to a meeting with Public Health Director Paul Pettit, who agreed to assign a staff member to the committee. The committee will also include a representative of the Animal Shelter.

Difante said the committee is nearly in place, but she's still trying to find a local veterinarian to serve on the committee.

The job of the committee will be to review all the research, explore what's going on in the community now related to feral and stray cats, and come up with a comprehensive plan for how to deal with the issue.

People care passionately about the issue, Difante said, and she and others in the city have gotten a tremendous amount of feedback from local residents since she first presented potential solutions to the problem in March. The range of suggestions from residents include doing nothing up to poisoning them all.

Difante's original presentation included three members of a pro bono legal team out of Buffalo that specializes in this matter and a lengthy written report detailing the pros and cons of every potential option for dealing with stray cats with the recommendation that communities follow a practice known as TNVR (Trap, Neuter, Vaccinate and Return).

That program, since first proposed, has generated some opposition, including from some on Council.

Councilman Eugene Jankowski expressed some interest in alternatives including getting captured cats adopted or euthanized. 

But TNVR doesn't exclude those options, Difante said. 

"There's a lot of pieces of TVNR that we're not talking about," Difante said. "It's a very comprehensive piece."

Part of the job of the committee will be to explore ways to bring into the process those people in the community, either as inviduals or as part of groups, who are already dealing with stray cats, either through their own mini-TVNR effort or simply by feeding and sheltering stray cats.

"People who take care of feral cats, of community cats, are not likely to stop, no matter what you do, so best practice TVNR says make those people part of the solution; bring them in, give them training," Difante said.

After the meeting, Difante said she thinks the committee approach is the next best step.

"When we're all on the same page and putting all of our effort into targeting them in one approach and we're all bought into that, we're going to have a lot more positive impact that we could ever have when we're scattered," Difante said.

While a great deal of fact-based research backing TNVR has been presented to Council, the committee will present an opportunity for a more local approach.

"It was a solid research piece, but getting people involved in the community in the research is what Council needs to hear," Difante said.

The inclusion of the county, the wider geographic area, is going help the city secure grants to fund any sort of TVNR program, Difante said.

"I believe that if we don't try to have this be a citizen, community effort and explore every opportunity to be able to work with existing nonprofits who can help us with access to grants, then we're doing a disservice," Difante said. "That's where we need to start because trying to figure out how to get money from taxpayers to fund this is not the way to start."

Since this is an issue a lot of people are passionate about, whatever the final determination is, there will be detractors, Difante said.

"We need to acknowledge the fact that we're not going to please everybody," Difante said. "There's no way we're going to come up with something where everybody is going to be happy about. We have to decide what we're going to do and then march towards that."

Residents of Vernon Avenue are organizing opposition to a proposed new Arby's Restaurant on West Main Street, at the end of Vernon.

In a petition presented to City Council Monday night, residents say the proposed development -- which would replace three existing residential buildings -- would create more noise, result in 24-hour lighting, destroy trees, increase traffic congestion at the intersection and on Vernon, and decrease property values.

Residents David Steele and John McCauley spoke up during public comments at Monday's meeting and Steele presented the Council with a petition signed by almost every resident of Vernon Avenue (City Manager Jason Molino lives there but didn't sign it, Steele said, citing a conflict of interest).

"Many residents, especially those at the southern end of Vernon Avenue, have said if this development goes through as presented to the Planning and Development Committee, they will list their homes for sale," Steele said. If many residents do that, there will be a housing glut on that street with supply and demand decreasing property values."

McCauley (top photo) said he purchased his home about a year ago, moving here with his wife from Buffalo, expecting to live on a quiet street. If the Arby's is built, he said, then he'd likely move.

"We were sad to hear that (an Arby's was going in)," McCauley said. "If they were going to do something like that, it would probably force us to put our house up for sale."

The proposed development will be on Thursday's agenda for the County Planning Board and at a future meeting of the city's Planning and Development Committee. Steele said residents plan to be at both of those meetings.

The planning committee operates independently and the Council has no real input on what development gets approved or denied.

The man on Jackson Street who was the center of local law enforcement attention for four hours Sunday afternoon has been charged with two counts of second-degree harassment and two counts of endangering the welfare of a child.

Glenn H. Quintern, 56, of 102 Jackson St., rear upper apt., is being held on $20,000 bail or $40,000 bond.

Quintern allegedly threatened to shoot children who were playing near his apartment.

Batavia PD responded to the complaint and tried to talk Quintern out of the apartment. Because it couldn't be determined whether he actually had a weapon and the level of threat he posed, backup patrols, including deputies and troopers, were called in and eventually the Emergency Response Team was deployed.

Following a 40-minute negotiation with police, using a phone that had been tossed into the apartment, Quintern surrendered and was taken into custody without further incident.

A subsequent search of his apartment did not turn up a weapon.

Additional charges are possible, according to police.

Also assisting at the scene were the Office of Emergency Management and Batavia FD.

Chad A. Allen, 36, of Oak Street, Batavia, is charged with burglary, 2nd, and criminal mischief, 3rd. Batavia PD observed Allen allegedly inside a vacant residence on Oak Street, Batavia. He allegedly damaged copper pipe inside the residence. He was ordered held without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal mischief, 3rd, and criminal contempt, 1st. The youth is accused of causing more than $250 in damage to the property of another person. That person was also the subject of a protective order. The youth was jailed without bail. Name withheld by Batavia PD.

Robert M. Freeman, 23, of Pearl Street, Batavia, was arrested on warrants related to several charges and for alleged failure to abide by terms of a drug treatment program. Freeman's charges include forgery, 2nd, and two counts each of criminal contempt, 2nd, and petit larceny. Freeman was located during a traffic stop on West Main Street, Batavia. He was order held without bail.

Matthew S. Williams, 27, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation and uninspected motor vehicle. Williams was stopped at 11:29 a.m. Thursday on Ellicott Street by Officer Frank Klimjack for allegedly operating an uninspected motor vehicle. A license check revealed an alleged five previous license suspensions. Williams was jailed on $1,000 bail.

Samual R. Smith, 28, of Columbia Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. The ticket was issued in March 2014. Smith posted $100 cash bail.

Ralph A. Golding III, 50, of Buell Street, Akron, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Golding was arrested by Akron PD and turned over to Batavia PD. He was jailed on $2,500 bail or $5,000 bond.

Nicholas J. Elmore, 26, of Liberty Street, Batavia, is charged with harassment, 2nd. Elmore allegedly sent several threatening text messages to another person.

Dixie Lee Smith, 49, of Kriger Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and failure to keep right. Smith was involved in a property damage accident at 3:48 p.m. Sunday on Day Road, Alexander. The accident was investigated by Deputy Michael Lute.

Larry William Toal, 60, South Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, speeding and driving left of pavement markings. Toal was allegedly operating a motorcycle on Route 5, Batavia, at 6:35 p.m. Sunday while intoxicated when stopped by Deputy Joseph Corona.

Aaron Paul Soloman, 38, of Liverpool Heights, Chili, is charged with driving while ability impaired by drugs, speeding and unlawful possession of marijuana. Soloman was stopped at 12:30 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Thomas Edward Murtagh, 57, of Parkview Drive, Bergen, is charged with driving while ability impaired by alcohol, refusal to take breath test and drinking in a motor vehicle. Murtagh was located in his vehicle parked on Townline Road, Alabama, at 10:30 p.m. Saturday by Deputy Michael Lute.

Tyler Austin Stoddard, 20, of Meiser Road, Alabama, is charged with aggravated harassment, 2nd. Stoddard is accused of continuing to contact and leave messages for another person that were harassing in nature to that person.

Ferguson. Los Angeles. Chicago. Cleveland. Brooklyn. Baltimore. The national media has reported several examples of aggressive police conduct in these cities in the past few months that ended in violence.

In those same months. Batavia PD has dealt with at least three incidents, including one today, that easily could have gotten bloody but ended quietly.

Chief Shawn Heubusch said it's by design.

"Our number-one goal is to resolve every situation we run into as peacefully as possible," Heubusch said. "We want to use as little force as possible."

Today's incident began with a report of a man at 102 Jackson threatening to shoot children in the head for causing a ruckus near his residence.

Police weren't certain he had a gun, but it was a distinct possibility, so they proceeded with caution -- calling in extra back-up, eventually deploying the Emergency Response Team and even positioning two State Police sharpshooters on the roof of the Salvation Army with a clear line of sight into the man's second-floor window.

They also interrupted the relaxing Mother's Day that Officer James DeFreze was enjoying with his family.

Defreze is a trained negotiator. ERT members tossed a special, wired phone into the man's apartment. DeFreze and the man talked.

"The broad procedure we try to follow is to build rapport and be empathetic and try to understand what people are going through," DeFreze said. "We try to get them to open up and then see what we can do to help them. They're really just looking for help."

The negotiation took 30 to 45 minutes, Defreze said. The entire time, police officers, troopers and deputies remained in positions with long guns trained at the suspect's second-story window.

In the end, no shots were fired. The man walked out of his apartment and surrendered to a police officer.

Officer Marc Lawrence said the investigation is ongoing, but charges likely against the suspect, whose name has not yet been released.

There were high fives among a couple of the officers, pats on the back for DeFreze and a crowded gathered at Central and Jackson applauded the effort by police to resolve the potentially deadly situation peacefully.

"I did hear them applauding," DeFreze said. "It was nice. At first it seemed like they weren't paying attention, having a little bit of fun over there, but it was nice that they appreciated us and our work in the end."

About a month ago, DeFreze and a deputy who is also trained in negotiation helped talk a woman into surrendering and in March, a knife-wielding man on Central Avenue came at officers and threatened them, but the officers involved were able to defuse the situation and take the man into custody without incident.

"Our number-one goal is to make sure everybody goes home safe, the suspect included," Heubusch said.

Some passersby yelled out suggestions for police, of the type that veered toward a more violent, quick-resolution response.  

"Let me have a gun," one man said. "I'll end this."

Others wanted to see tear gas lobbed into the building and ERT members swarm the apartment.

Unless it's a hostage situation, the best response is a slow, methodical approach, Heubusch said.  The suspect isn't going anywhere, is a minimal threat and can probably be talked out of any drastic actions.

"We would rather take the time to ensure that everybody involved is safe and avoid anything that could cause harm to anybody, including the suspect himself," Heubusch said. "There's nothing wrong with slowing it down."

Heubusch said a good rapport with the community helps officers take their time to resolve conflicts.

He said he can't speak for what goes on in other communities. Of course, he and his officers pay attention to news accounts of violent confrontations involving other police officers, but since he isn't involved and doesn't have all the facts, he doesn't want to compare what happens in Batavia with what happens elsewhere.

"We're constantly evaluating and constantly changing tactics as needed," Heubusch said. "Back in the '80s or '90s, for example, if the SWAT Team showed up for a call out, guess what, they were going in the door. We have new techniques now. If there's no danger, we've learned it's better to sit and wait."

Today's incident lasted more than four hours, but in the end, the patience of trained and skilled police officers proved the perfect response.

Officer James DeFreze on the right.

Batavia police have their weapons drawn and a house surrounded on Jackson Street by the Salvation Army and railroad tracks. Unknown situation. A caller earlier reported being downstairs and hearing doors slamming upstairs, although no one should be upstairs. The street is blocked off.

UPDATE 3:08 p.m.: The occupants who were downstairs are out of the building.

UPDATE 3:32 p.m.: Howard at the scene says a neighbor there told him that a man who lives in the two-story tan-colored house was bothered by children making noise and distrubing the peace and he threatened to shoot them if they didn't stop the ruckus.

UPDATE 5:09 p.m.: The county's Emergency Response Team now has the house surrounded.

UPDATE 6:18 p.m.: Statement from Batavia PD Officer Marc Lawrence: "This afternoon around 2:15 we got an initial report of a tenant upstairs threatening harm to his neighbors. Patrols responded to speak the male subject in his approximate 60s, white male; male would not answer the door for patrols. Patrols attempted communication. During the initial contact, patrols had reason to believe that the male may have access to weapsons. That at this point is unconfirmed. We are taking all precautionary measures at this time. Neighboring residents have been evacuated and officers have established a perimeter, attempting to make with subject. Emergency Response Team was notified and responded. We are being assisted by New York State Police, the Genesee County Sheriff's Office, and the Genesee County Emergency Management coordinating agency. We will be updating the situation as it progresses. At this point the incident is still under investigation. Charges will be filed as appropriate. We are urging all residents to stay inside and refrain from travelling the area as much as possible."

In response to a question from WTBA, Lawrence said the subject is known to police.

Howard asked if at some point authorities will take action, or will they just wait it out, and Officer Lawrence said: "We are looking to take action, but at this point if we can get in to have any communication, we will wait it out. We are trying to keep this as minimal as possible. We don't want anyone injured."

Lawrence said they did communicate with the man briefly. At one point, the SWAT team moved further away from the house. When asked why, Lawrence said it was because "they were looking to have a negotiator talk, but then all negotiations fell through and they moved that room back to a safe distance."

"...It is our expectation we are going to be here a little while. It could stop now; it could stop three hours from now."

He added that police believe he does have a gun, but they have not confirmed that.

UPDATE 7:04 p.m.: The suspect has been arrested.

UPDATE 7:05 p.m.: About 20 minutes prior to the arrest, a reverse 9-1-1 call went out to residents within at least a quarter-mile of the scene, telling them to shelter in place. The fire department was called in. Crowds which had gathered along Ellicott Street to watch the goings-on where told to move back. An object was seen being thrown up to a window, and Officer Marc Lawrence said that it was a portable phone.

The Peace Garden in Batavia is 5 years old, and supporters celebrated Saturday with a dinner at Terry Hills.

Awards were given to Kelly Rapone, Mary Dix, Kathy Jasinski and Ron Burroughs.

The guest speaker was Corrin Stellakis, 2014 Miss Teen NYS.

Also pictured are Tom Dix, Paula Savage, Ellen Bachorski, Carol Grasso, Berneda Scoins and Louise Wallace.

Saturday was "Women Build Day" for Habitat for Humanity and in Batavia more than 50 women signed up to assist with the current project for Genesee County, at 26 Oak St.

The prospective homeowner is Sheila Rolle and her daughter Jada. Local Habitat CEO Jessica Maguire-Tomidy said she is particularly excited about this project because Rolle was the first potential homeowner who came to her when she started six years ago and Rolle has worked hard to get herself in a position to qualify for a Habitat home.

It was a hot, dusty day at the construction site.

Ron Burroughs out for a bike ride on Court Street, Batavia, this afternoon.

We'll have more coverage from today's happenings in Genesee County in the morning.

Brandon M. Weig is indicted for the crime of aggravated sexual abuse in the second degree, a Class C violent felony. It is alleged that on Nov. 13, 2013, Weig, while at a residence on Bank Street in the City of Batavia, did insert his finger in the vagina of another person, causing physical injury to the person who was less than 11 years old. In count two, the Grand Jury accuses him of the crime of aggravated sexual abuse in the second degree, a Class C violent felony, for allegedly on the same day, at the same address, inserting his finger in the rectum or anus of another person causing physical injury to the person who was less than 11 years old. In count three, Weig is accused of first-degree sexual abuse, a Class D violent felony, for allegedly being 18 or older and with intent to cause physical injury to a person less that 7 years old, causing such injury to the person.

Lori J. Marchese is indicted for the crime of DWI as a Class E felony. It is alleged that on Nov. 29, 2014, Marchese drove a 2009 Chevrolet on West Main Street Road (Route 5) while her ability to do so was impaired by drugs. In addition, the DA filed Special Information with the Grand Jury, accusing her of having been convicted of DWI as a Class A misdemeanor on Aug. 25, 2005, in Batavia City Court. That conviction was within 10 years previous to the commission of the crimes alleged in the current indictment.

Cody D. Cutitta is indicted on seven counts. The first is sealed pending arrest. In count two, Cutitta is accused of the crime of criminal possession of stolen property, 4th, a Class E felony. It is alleged that on Dec. 16, 2014, in the Town of Batavia, Cutitta knowingly possessed stolen property to benefit himself or a person other than the owner or to impede the recovery by an owner. The alleged property involved was a credit or debit card. In count three, he is accused of second-degree forgery, a Class D felony. It is alleged that on the same day while at an auto parts store in the City of Batavia, Cutitta, with intent to defraud, deceive or injure another, falsely made, completed, or altered a written statement which was purported to be a commercial instrument -- a credit / debit card -- to buy $132.18 worth of auto parts without having the authority to do so. In count four, the Grand Jury accuses Cutitta of second-degree forgery, also a Class D felony, for making an unauthorized purchase of $410.54 worth of auto parts on the same day with the same card. In count five, Cutitta is accused of second-degree forgery, another Class D felony, for buying $82.31 worth of merchandise at Walmart with another person's credit / debit card, without having the authority to do so. In count six, the defendant is accused of petit larceny, a Class A misdemeanor, for using the same card to buy $36 worth of gas at Hess Mart, as well as the other aforementioned purchases. In count seven, Cutitta is accused of second-degree identity theft for allegedly knowingly and with intent to defraud, having assumed the identity of the rightful card holder to unlawfully obtain goods, property or services in an aggregate amount that exceeded $500.

Nicholas J. Elmore, 26, of Batavia, is charged with theft of services, petit larceny and criminal possession of a controlled substance, 7th. Elmore was arrested by Macedon PD for alleged shoplifting. He hired a cab for a ride from Macedon PD's office to a hotel in Batavia. He allegedly fled through a back door of the hotel without paying his $144 cab fare. State Police were dispatched to the complaint. They located Macedon PD paperwork related to the shoplifting arrest on the back seat of the cab. Elmore had used another person's ID with the Macedon PD. That person was located by troopers and interviewed. Troopers secured a photo of Elmore and shared it with Macedon PD who confirmed Elmore was the actual suspect in the shoplifting case. Elmore was located in a local hotel and arrested. At the time of his arrest, he allegedly possessed three packages of heroin. He was jailed on $800 bail.

Matthew Lilly, 25, of Marshall Road, Lyndonville, was arrested on a warrant. Lilly allegedly failed to appear on a disorderly conduct charge from April, 2014. He was jailed on $200 bail.

Gregory Scott Snyder, 46, of Alleghany Road, Darien, is charged with assault, 3rd. Snyder allegedly punched another person in the face during an argument reported 10 p.m. Thursday on Genesee Street, Alexander. The alleged victim was transported to Warsaw Hospital for treatment.

Cory Lynn Hyde, 33, of South Main Street, Mount Morris, is charged with disorderly conduct. Hyde was arrested on a warrant out of Town of Darien Court. He was jailed on $200 bail.

John Charles Siracuse III, 31, of Pringle Avenue, Batavia, is charged with falsely reporting information about an actual incident. Siracuse is accused of providing information about a motor-vehicle accident that wasn't truthful. The accident was reported at 3:20 p.m. Thursday on Lewiston Road.

A 17-year-old resident of North Main Street, Oakfield, is charged with harassment, 2nd. The youth is accused of striking another person while in a vehicle at 8:30 p.m. Tuesday in Oakfield.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with petit larceny. Bobzin allegedly stole an Xbox Kinect with a value of $100 from a family member April 22. He was jailed on $1,500 bail or $3,000 bond.

Leslie Charles Sage, 47, of Wight Road, Basom, is charged with aggraveted unlicensed operation, 3rd, driving on a suspended registration and driving a vehicle without an inspection sticker. Sage was stopped 3:28 p.m. March 28 on Park Road, Batavia, by Deputy Joseph Corona. He was jailed on $1,000 bail or $2,000 bond.

Barbara A. Hofert, 54, of Washington Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and obstructed license plate. Hofert was stopped at 7:54 p.m. Tuesday on Porter Avenue, Batavia, by Officer Mitchell Cowen.

Juan Pozotempan-Ahuejote, 37, of Wood Street, Batavia, is charged with menacing, 3rd. Pozotempan-Ahuejote allegedly threatened another person with a raised, clinched fist during an argument reported at 3:50 p.m., Wednesday. He was jailed on $3,000 or $6,000 bond.

TyAnna D. Green, 20 of Holland Avenue, Batavia, is charged with disorderly conduct. Green was allegedly involved in an incident in the parking lot of Dunn Tire at midnight, Thursday.

Winston A. Lockhart, 20, of East Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Lockhart was allegedly involved in the incident with Gree, above.

Brody A. Jorgenson, 20, of Ellicott Street, Batavia, is charged with possession of alcohol under age 21. Jorgenson was allegedly involved with an underage drinking party reported at 1:14 a.m. Sunday at 340 Ellicott St., Batavia. Also charged Joshua A. Wester, 20, of Ellicott Street, Batavia.

Leonard A. Johnson III, 22, of Holland Avenue, Batavia, is charged with assault, 3rd. Johnson was arrested as the result of an investigation into an incident reported April 29 on Holland Avenue.

Jennifer Lynne Judkins, 20, of Dodgeson Road, Alexander, is charged with petit larceny. Judkins allegedly stole $43 in clothing from Kmart.

Jason Andrew Barnhart Sr., 28, of Pratt Road, Batavia, is charged with petit larceny, criminal contempt, 2nd, and criminal trespass, 3rd. Barnhart allegedly stole two DVDs from Walmart, and in the process violated an order of protection and being restricted from the property.

Christine Aminta Soler, 37, of Phelps Road, Pembroke, is charged with harassment, 2nd. Soler allegedly struck another person during an argument at 2:41 p.m., Wednesday. 

Luke Paul Simmons, 18, of Harper Road, Corfu, is charged with unlawful possession of marijuana. Simmons was arrested by Deputy Kevin McCarthy following an investigation into a report of a suspicous vehicle on Route 20 at 9:19 p.m., April 24.

Orentheo Jamar Flowers, is charged with aggravated unlicensed operation and unlicensed operator. Flowers was arrested on a warrant for an alleged failure to appear on the charges.

Shayne Robert Patterson, 49, of Killian Road, Corfu, is charged wit DWI, driving with a BAC of .18 or greater and drinking in a motor vehicle. Patterson was stopped at 8:38 p.m. Monday by Deputy Joseph Corona.

Crystal L. Wojtkowiak, 19, of Attica, is charged with false reporting and obstructing governmental administration. Garry P. Pitz, 20, of Depew, is charged with false reporting, obstructing governmental administration, reckless driving and other traffic violations. Wojtkowiak allegedly claimed to be the driver of a 2004 black Chevorlet Blazer involved in a rollover accident April 12 on Bowen Road, Alexander. State Police investigated and determined Wojtkowiak wasn't in the vehicle at the time of the accident and that Pitz was the actual driver. Pitz was reportedly driving northbound no Bowen Road when he made an alleged unsafe start and lost control of the Blazer, causing it to go off the east shoulder. He then overcorrected and spun around, causing the vehicle to rollover, coming to rest in the field on the east side of the highway. No deer were involved.

John J. Haire, 67, of Chili Riga Center Road, Churchville, was charged with DWI and driving with a BAC of .18 or higher. Haire was arrested following a complaint of a man urinating in the Top's Market parking lot in the Village of Le Roy.

A toast to all moms on this beautiful Mother's Day weekend! We can help you pick out a bottle of wine and gift wrap it for you, too! We also have gift certificates. Cheers ladies!

A grass fire is reported behind Delre's Greenhouse and Garden Center, 4062 W. Main Street Road. Town of Batavia Fire Department is responding.

Sheriff's deputies are responding to Grand View Cemetery on Clinton Street Road following a report of several items being stolen. The thefts were not specified.

Batavia Society of Artists opened its Spring Show Thursday evening at the Richmond Memorial Library.

Kathy Roblee, above, won Best of Show with her work, "Tonawanda Creek," which is an acrylic.

Linda Metcalf, First Place -- "Where's Mary," watercolor.

Marilynn Palotti, "Napa Valley Sunset," acrylic.

Amber Motzer (not pictured) won the Virginia Carr-Mumford GCC Art Award.

A mediator could help resolve the long-simmering dispute between the City of Batavia and the Mall Merchant's Association, City Manager Jason Molino said this morning during an on-air interview on WBTA's Main and Center.

The bickering and lawsuits and counter-lawsuits are leading nowhere, Molino suggested. They won't lead to a resolution that satisfies all parties. A mediator would have a better chance and an equitable solution.

“When litigation is filed, it is on a narrow scope of issues and if it ever goes to trial and has a determination, the determination is going to be on that narrow scope of issues, and generally, on anything, there is more to it than just those narrow scope of issues and in this case, there is a lot more to it," Molino said.

The city and the Mall Merchants Association have been locked in a dispute for several years over who is responsible for the maintenance of the roof over the mall concourse.

The merchants claim the city owns the concourse and should repair or replace the roof.

The city maintains the merchants failed to properly maintain the roof.

Molino said he would like to see the case go to a mediator.

“Can there be a mediator? Yes, absolutely," Molino said. "Is that something we’re looking to do? Yes, it is.”

So far, no mediator has been appointed.

The city owns the Mall Concourse. The stores and offices in the mall are individually owned.

Sometime around 5 p.m., a truck carrying crates of tomatoes dumped a few boxes in the curve where Walnut becomes South Main in Batavia. A witness told police, the driver stopped, gathered his empty crates and left the tomatoes in the roadway. Police responded to a report of a "dangerous condition" and requested city DPW to the scene for clean up. The tomatoes were hauled to the city's compost heap. The driver, who left the scene, could not be identified.

MOTHER'S DAY 3-COURSE BREAKFAST - Seatings at 9  & 11 a.m. ~ $13.95 
~ Something to Start ~  Choice of Entree ~ Something to Finish ~

• Filet & Eggs ~ a grilled petit filet, any style eggs, home fried potatoes and Texas toast. 
• Black Forest Waffles ~ fluffy dark chocolate waffles topped with a cherry glaze and homemade crème served with breakfast sausage. 
• Stuffed French Toast ~ thick slices of cinnamon egg-dipped toast stuffed w/Nutella and topped with fresh strawberries and crème served with breakfast sausage. 
• Baguette Omelet ~ farm fresh eggs, veggies and cheese baked into crusty baguette bread served with breakfast sausage and home fried potatoes. 
• Children's menu available.

MOTHER'S DAY 3-COURSE LUNCH - Seatings at 1 & 3 p.m. ~ $16.95
~ Something to Start ~ Choice of Entree ~ Something to Finish ~

• Tuscan Pasta ~ homemade angel hair and grilled chicken topped with a creamy Alfredo, sundried tomatoes and broccoli.
• Greek Platter ~ marinated, grilled chicken & pork kabobs atop Greek rice, served with Greek potatoes and tzatziki sauce.
• Steak Rolls ~ sautéed, julienned vegetables wrapped in flank steak and grilled, served on garlic mashed and topped with a balsamic glaze.
• Lobster Rolls ~ New England-style rolls stuffed w/Maine lobster, served w/homemade cole slaw and hushpuppies.
• Children's menu available.

MOTHER'S DAY 3-COURSE DINNER - Seatings at 4 & 6 p.m. ~ $19.95
~ Something to Start ~ Choice of Entree ~ Something to Finish ~

• Stuffed Pork Tenderloin ~ butterflied pork stuffed with spinach, apples and wrapped in prosciutto, served w/garlic mashed and seasonal vegetable.
• Chicken French ~ boneless, skinless breast dipped in egg and cheese, sautéed in garlic, white wine & lemon served on angel hair pasta w/artichokes.
• Italian Trio ~ homemade lasagna, chicken parmesan and fresh made gnocchi w/our traditional red sauce.
• Surf and Turf ~ a juicy, thick, grilled strip steak and roasted jumbo shrimp served atop parmesan risotto.
• Children's menu available.

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The Batavia High School Class of 2016 is sponsoring a Food Truck Rodeo from 11 a.m. to 2 p.m. this Saturday at the high school. Participating vendors include Papa Gig's Gourmet Italian, The Brunch Box, Bento Box Asian Cuisine and Smoothies Plus. There will be live music and entertainment for children. Proceeds benefit the Class of 2016.

In the photo: Simran Rathod, Noah Dobbertin, Alexis Vasciannie and Ross Chua.