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City officials are wondering what's up with the settlement they reached with attorneys for the City Centre Mall Merchants Association. They thought the matter would be resolved by now, but apparently, the attorneys for the merchants haven't even shown the membership the final draft of the settlement agreement.

While City Manager Jason Molino said he has no reason to believe the settlement won't eventually be presented to the merchants and the settlement will be approved, the delay just means the city can't work on structural deficiencies in the concourse.  

"I would like to think that there is nothing that suggests the deal is going to fall apart," Molino said. "The issue is how do we get to the finishing line and get to the finishing line as expeditiously as possible, which is in the best interest of everyone in the community, the best interest of the property owners in here in the mall, and then we can start to talk about what we can do to trigger new growth and new investment in this concourse and in this mall. That's the most important thing to keep our eye on."

Mall Manager Madeline Bialkowski, who scheduled her retirement for April 1 to coincide with the settlement of the mall merchant's lawsuit being in place, said that merchants are waiting for a final draft of the settlement agreement from the attorneys.

Hugh Carlin is the attorney representing the City Centre Mall Merchants Association. 

Yesterday, we asked Carlin when the merchants would approve the settlement.

"I can't say yet," Carlin said. "Hopefully in the near future. There are a few more details we're working on."

Asked what those details might be since his side had already agreed to a settlement, Carlin said, "I can't comment." Pushed for clarification, he repeated, "I can't comment."

According to documents obtained by The Batavian through a Freedom of Information Law request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

In February of 2015, The Batavian reported that the association had spent $103,317 on the lawsuit. The tab has gone up another $108,738 according to documents obtained through the FOIL request.

The city, through the same period, has spent $168,070 on attorney fees, with $63,872 being added since February 2015.

"The city has done everything it can prior to the lawsuit (to reach an agreement), during the lawsuit and now, having entered into terms we've agreed to to end the lawsuit in a way that is expedient and in the best interest of everyone," Molino said. "Now, we're still having challenges with the mall's legal counsel."

The lack of an agreement is delaying Bialkowski's retirement. She's agreed to stay on until the settlement is finalized, but she and her friends are still going ahead with a retirement party at Ken's Pits on March 30 because she anticipates she will be retired not long after that, she said.

The association and the city had a long-simmering dispute over who is responsible for repair and maintenance of the mall concourse. According to a 1987 settlement, the merchants' association was supposed to take control of the city-owned concourse on April 1, 2000.

The settlement agreement the city and the attorneys for merchants agreed to during the first week of February puts the burden back on the city to repair and maintain the concourse. That's a task Molino said the city is eager to take on because that's the only way all of the necessary repairs will take place so the mall becomes once again a viable business investment.

The City Council approved the settlement Feb. 27.  Each owner of properties in the mall must individually sign off on the agreement or submit a motion to the court to show cause for not agreeing to the settlement.

The city is ready to get started, he said, as soon as the merchants approve the agreement.

"The city is in position and we're ready to move," Molino said. "We're ready to take this 17-acre area and take on the responsibility to move it into a better position so that in the future it triggers investment."

There's a lot of work to be done but that doesn't apparently include mitigating mold.

Contrary to reports in other media outlets, there is no evidence of mold in the mall, Molino said.  

The speculation for mold in the mall apparently comes from an interview Ron Viele, a local contractor, gave to a reporter. We placed calls yesterday afternoon and early this afternoon seeking clarification but Viele has not returned our calls.

We did speak to Paul Viele, Ron's son and a member of the City Council. He said he didn't participate in the interview with his father but did say "it's possible" there is mold in the mall, especially given the leaks and moisture in the mall.

He said the city should hire a professional to evaluate whether there is mold.

"We don't do that kind of work," Viele said. "We're contractors."

Until the merchants' attorneys move forward with the settlement, it would be up to the mall association to hire a contractor to deal with any potential mold, Molino said.

However, he said, as part of the settlement process, a third-party consultant was brought in to evaluate the mall concourse. Molino said he can't release that report, even as part of a FOIL request, because it's part of the technically ongoing litigation, but that consultant found no evidence of mold, he said.

As for whether it's possible, of course, it's possible, Molino said. It's also possible, he said, that if you have forced-air heating in your home that you have mold in your home. In fact, if you haven't had your ducts cleaned in a long time, it's likely. That doesn't mean the mold is harmful. It depends on the type of mold and a person's sensitivity to it.  It would take a professional, not just somebody looking up at the ceiling, to determine if mold is present. (Here's what the CDC says about the health risks of mold.)

The person in the photo is wanted by Batavia PD for questioning in the theft of merchandise from the CVS store on West Main Street, Batavia.

Several items were stolen at approximately 10:15 a.m., Monday.

The person of interest is described as 5' 10" and wearing a baseball cap, dark boots, dark blue jeans, and a black Carhartt-style jacket.

Tips: Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

About a dozen people rallied in support of Dolores Bustamante this morning outside of the Buffalo Federal Detention Facility in Batavia.

Bustamante, who lives in Sodus, was scheduled for a deportation hearing and supporters were concerned she was being targeted because of her work with the Workers Center of CNY following President Donald Trump's executive order on immigration.

In a short statement before her hearing, Bustamante said she was hopeful that President Trump is serious about only going after immigrants who are criminals because, she said, she is not a criminal. She came to this country to get away from an abusive spouse and provide a better life for her daughter.

At the hearing today, Bustamante was allowed to stay in the country but ordered back to the immigration court in two months.

Another worker activist with the Workers' Center, Jose Coyote Perez, is currently being detained, according to Rebecca Fuentes.

Fuentes said Perez was administratively cleared to stay in the country in September and obtained a work permit and a Social Security number and was in the process of getting a driver's license when he was detained.

She said Perez was assaulted by a coworker at the dairy farm in Livingston County where he's employed and as a result, Perez contacted local law enforcement. Officers responded but made no arrests and left it to the parties to work it out amongst themselves.

The next day, she said, Perez was ordered by ICE to report to Batavia to fill out paperwork. She said officials told him it was just routine and he had nothing to worry about. He was detained the day he turned up, Feb. 24, and has been in custody since then.

He has a hearing at the end of the month, she said, and there will likely be another rally at the facility to support his cause.

In 2014, Bustamante was stopped by a trooper for a traffic violation and as a result was turned over to immigration authorities. Bustamante and members of the Workers' Center participated in a campaign that led to an executive memo that prohibits troopers from asking citizenship status during routine contacts.

There's plenty of snow on the ground, it's cold and a winter storm warning remains in effect until 8 p.m., but the county's travel advisory has been lifted and conditions aren't too bad for a snowy, winter day.

Photo: 500 block of East Main Street, Batavia.

James Pontillo, who operates a residential rental company in the city, agreed to a plea deal today over an allegation that he falsified business records related to a residence he was operating as a rental after his sister died.

The 49-year-old Stafford resident entered a guilty plea to second-degree falsifying business records, a misdemeanor, and faces up to a year in jail when sentenced.

He also agreed to pay $2,550 in restitution.

The plea satisfies several initial charges, including forgery and grand larceny.

Fred Rarick, attorney for Pontillo, previously explained to The Batavian that the charges stemmed from a dispute over how Pontillo handled the estate of his late sister, who died in 2012. Pontillo was accused of providing false information to Pathstone on paperwork related to Section 8 housing.

John Eric Jaszko Jr., 31, of Kelsey Road, Batavia, is charged with DWI, leaving the scene of a property damage accident, refusal to take breath test, driving left of pavement markings, inadequate headlamps. At 12:50 a.m., Deputy Ryan Young discovered at property damage accident at 3599 Galloway Road where a fire hydrant was sheared off and laying by the side of the road. There was no vehicle around. Young followed tire tracks in the freshly fallen snow and the tracks led him to Jaszko's home. After a brief investigation, Young determined that Jaszko had been the driver of the vehicle and that he had allegedly been driving drunk. Deputy Eric Meyer and Sgt. John Baiocco assisted in the investigation.

Sean Aldwyn Jr., 24, of Starling Street, Rochester, is charged with unlawful possession of marijuana. Deputy Richard Schildwaster reported detecting the odor of marijuana following a traffic stop at 5:48 p.m. Saturday on Park Road. Following a vehicle search, a quantity of marijuana was allegedly found in the vehicle.

Salvatore Michael Schwable, 19, of Webber Street, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, and inadequate headlamp. Schwable was stopped at 10 p.m. Sunday on Route 77, Pembroke, by Deputy Cassidy Longhini.

A Rochester resident has been arrested a second time on a drug-dealing charge, this time while sitting in jail on the first arrest.

Leonard E. Aguayo, 30, of Affinity Lane, Rochester, allegedly sold a quantity of crack cocaine to an agent of the Local Drug Task Force at a location in the city last month.

He was arrested at the end of February following a traffic stop by members of the Local Drug Task Force when he was allegedly found in possession of more than a half ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

In November, Aguayo was arrested in Genesee County following a traffic stop on Route 33 in Byron and charged with unlawful possession of marijuana.

The new arrest is on charges of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

He is being held in the Genesee County Jail without bail.

A driver has been cited for alleged failure to yield the right of way leading to an injury accident at 5:04 p.m. Monday on Griswold Road in Stafford.

Cited was Thomas J. Scheuerlein, 78, of Griswold Road, Byron. Griswold along with passenger Patricia Scheuerlein, 78, were transported to Strong Memorial Hospital by Mercy EMS.

The other driver, Danielle Rozell, 35, of Elm Street, Batavia, was not injured.

According to the report by Deputy Robert Henning, Scheuerlein pulled onto Griswold Road from Godfrey's Pond Road without yielding the right of way to traffic on Griswold.

Rozell's car struck Scheuerlein's car on the driver's side.

Crews were out and working in Batavia this morning dealing with the few inches of snow that fell overnight and this morning.

The winter storm warning remains in effect through 8 p.m. tomorrow with a prediction of steady snowfall and a storm total in the area of about 18 inches.

Special effects artist Rashaad Santiago has set up a studio on the third floor of the Harvester Center where he can do work for his clients from all over the world as well as teach aspiring artists.

Santiago won the reality TV series "Face-Off" in 2014 for his monster-making prowess.

The studio gives Santiago a place where he can make costumes, masks, and props for clients, whether molded, sculpted or welded.

He said he's been getting work for movies, television and commercials.

He's also traveled on personal appearances to conventions and special events. He returned recently from Nashville where he was invited to provide a demo in monster-making.

He said he enjoys teaching.

"I love talking about this stuff," Santiago said. "I love being part of the process of watching somebody learn something new and then watch them work at it until they get it."

Currently, Santiago is running a four-week Wednesday night course. He will start a new course when he returns from his business trip. For more information or to sign up, visit his Facebook page or email him at rashaadsantiago1@gmail.com

Press release:

The Yard Waste Station on Law Street will be closed this week, Tuesday, March 14^th and Wednesday, March 15^th due to the forecasted snow event. We plan to resume operations on Thursday, March 16^th with regular hours (noon-6 p.m. Monday through Saturday) for the season. If there are any questions or concerns about this matter, contact the Bureau of Maintenance at (585) 345-6400, option 1.

A distrubance is reported in the Walmart parking lot in the area of Row #8 by the food entrance. There are three people involved, including at least one female. A subject reportedly has some sort of a weapon, which was brandished because "he was being attacked." Sheriff's deputies just arrived.

David Lane Handley Jr., 54, of Ontario Avenue, Niagara Falls, is charged with burglary, 3rd, and criminal mischief, 3rd. Handley allegedly broke into the Yellow Goose Store in Pavilion at 2 a.m. Feb. 12. The investigation was conducted by Deputy James Diehl.

Jeffrey Allan Youngs, 56, of Montclair Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlamps, driver's view obstructed, and open container. Youngs was stopped at 1:20 a.m. Sunday on Route 20 in Alexander by Deputy Eric Meyer.

Timothy K. Smith, 23, of South Street Road, Le Roy, is charged with unlawful possession of marijuana, driving without insurance, inadequate headlamp, aggravated unlicensed operation, 3rd, and unregistered vehicle. Smith was stopped at 9:56 p.m. Saturday on West Main Street, Le Roy, by Deputy Kyle Krzemien.

Chad Allen Cooper, 21, of Emily Court, Bergen, is charged with criminal possession of a controlled substance, 7th. During a "check the welfare" request, Cooper was allegedly found in possession of heroin.

Ghislaine Pena, 25, of Highland Park, Batavia, is charged with aggravated unlicensed operation, 2nd, and failure to stop. Pena was arrested on a warrant during a traffic stop at 2:07 a.m. Saturday on Clinton Street Road, Stafford, by Deputy Andrew Hale.

Shamir Kamran Aslam, 29, of Landstone Terrace, Rochester, is charged with menacing, 2nd, and two counts of criminal contempt, 1st. Aslam allegedly drove his vehicle at a high rate of speed and swerved by a person covered by a protective order when leaving the Genesee County Courts facility at 11:05 a.m., March 1.

Mark Joseph Amico Jr., 29, of Route 237, Le Roy, is charged with aggravated harassment, 2nd. Amico allegedly called another person and made several threatening statements at 6:07 a.m., March 7.

Frank Capuano sent in this picture of this morning's sky over Batavia.

A car has hit a tree on Clifton Avenue, Batavia.

A person is reported to be disoriented.

City fire and Mercy EMS responding.

It helps that 73 Main St. in Batavia has been a liquor store since the first day after the end of Prohibition, but Chris Crocker thinks she's found a special niche in Batavia that's helped her business survive and grow in its first five years.

"People in Batavia were asking for higher-end products and a whole different mindset on different wines," Crocker said. "And we have fun here."

As soon as Crocker took over the location and renamed it YNGodess in 2012, she started bringing in a broader selection of fine wines and over the five years she's become known among her customers not only as a place for great wine, but also for having one of the finest selections around of whisky, bourbon and scotch, as well as other top-shelf liquors.

"It comes from a passion for the business," she said, "but I'm doing it all for my 13-year-old son."

Jason E. Carpenter, 38, Central Avenue, Batavia, is charged with second-degree assault. Carpenter was arrested following an investigation into a fight involving multiple persons at the corner of Liberty and Sumner streets in the city at 12:10 a.m. on Feb. 26. Carpenter is accused of punching another person in the eye causing multiple facial fractures. He was jailed without bail and due in City Court on March 7. The case was handled by Batavia Police Officer Jason Ivison.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with sex offender failure to mail verification form in 10 days -- prior offense, and sex offender failure to notify of address change in 10 days -- prior offense. This female was arrested and arraigned on March 9 in City Court. She had reported that she was living at a residence on East Main Street in "Apt. 4." Through an investigation, it was learned that there is no Apt. 4 and Soto had never resided in an apartment at that address. She was released under supervision of Genesee Justice and is due in City Court on April 6. The case was handled by Batavia Police Officer Eric Hill.

Daniel Thomas Henning, 36, of Buffalo Street, Attica, is charged with: DWI; DWI with a BAC of .08 percent or higher; inadequate exhaust; improper right turn; driving on sidewalk; and unlicensed operator. At 10:09 p.m. on March 8, Henning was arrested on Cedar Street in Batavia following the investigation of a motor-vehcile accident on Route 5 in Batavia. He was issued an appearance ticket and is due in City Court April 19. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Michael Lute.

Otto C. Reinhardt III, 50, of Clarence Center Road, Clarence, is charged with second-degree criminal contempt following an incident at the Genesee County Courts Facility at 4 p.m. on March 7. It is alleged that Reinhardt had contact with an individual for whom a complete stay-away order of protection had been issued, thus barring him from any contact with that person. He was jailed on $1,000 cash bail or bond. He was due in City Court March 8. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Russell R. Miles Jr., 48, of South Main Street, Batavia, is charged with first-degree criminal contempt. He was arrested at a Batavia eatery on Main Street in Batavia at 4:32 p.m. on March 8 after he was found with a protected female. He was put in jail and was due in City Court March 9. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Debbie M. Simmons-Keller, 58, of East Main Street, Batavia, is charged with second-degree harassment. She was arrested at 4:25 a.m. on March 7 following a domestic dispute. She was issued an appearance ticket for March 21 in City Court. The case was handled by Batavia Police Officer Peter Flanigan, assisted by Officer Jason Ivison.

Melissa A. Wetmore, 44, of Main Street Road, Corfu, is charged with unlawful possession of marijuana. She was arrested at 4:20 p.m. on March 6 on Pearl Street, Batavia, following a traffic stop of a vehicle in which was a passenger. It is alleged that marijuana was found underneath her seat. She was issued an appearance ticket for March 14 in City Court. The case was handled by Batavia Police Officer Chad Richards.

(name redacted upon request), 23, of Boyce Road, Pembroke, is charged with unlawful possession of marijuana and running a red light. She was arrested at 12:17 a.m. today (March 10) on Alleghany Road in Pembroke following a traffic stop. She is due in Town of Pembroke Court on March 28. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

On March 7, the Wyoming County Sheriff’s Office arrested local contractor Dennis N. Rawleigh Jr., who is 46 and lives in Batavia, on one count of second-degree scheme to defraud, a Class A misdemeanor, after an investigation into complaints that he did not complete work he received payments for.

In November, Rawleigh, doing business as Rawleigh’s Tear Down, allegedly received over $15,000 in payments from a Town of Gainesville woman to perform work on two houses she owns, one in the Village of Perry and one in the Town of Gainesville. Very little work was completed on the Perry home and none on the Gainesville residence.

The second victim, a male subject from the Town of Sheldon, reported paying Rawleigh a $3,200 down payment to tear down a barn. Rawleigh, a former resident of Perry, attempted to pull the large barn down with a chain and his pickup with negative results. No further attempt to tear the barn down was made since June, 2015.

Rawleigh was issued an appearance ticket and is to appear in Gainesville Town Court later this month. The arrest report was prepared by Wyoming County Sheriff's Captain Erik Tamol.