It's been a litigious year so far for the City of Batavia, so the City Council is being asked to vote on a budget amendment that would increase legal spending by $71,733.

About $50,000 of that expense is related various lawsuits and Article 78 claims, including the ongoing legal battle between the City and the Mall Merchants Association (the city is both being sued and suing).

City Manager Jason Molino didn't say what portion of that $50,000 in extra litigation expense is because of the mall lawsuits.

"The amount of litigation can't be predicted," City Manager Jason Molino told the council. "I can't tell you how many claims we're going to get. For example, we've had three more claims in just the past week."

The City Council will be asked to vote on the budget amendment at it's next business meeting in two weeks.

Claims and legal matters against the city range from snowplows knocking over mailboxes to tax assessment challenges.

"Unfortunately, we live in a litigious environment," Molino said. "Two things: one, anybody can sue for anything; two, a municipality, I think, is usually a higher target than most because they're viewed as having an unlimited amount of resources. That's the nature of being in this country and the nature of being a municipality. As long as we own property as a municipality, as long as we provide services, we're going to be the subject of litigation regardless of the merit."

While the city has been subject to some claims Molino characterized as meritless, there has been other litigation -- such as Terry Platt and Platt Properties' Article 78 action over his planned rooming house on East Main Street -- that might have more substance.

Each case, whether frivolous or serious, generates not only legal fees, but staff time for research and investigation, Molino said.

"With any claim, there's an assessment that's done internally to understand the risk, to understand the city's exposure, understand the merit of the city's case, understand the merit of the city's position, versus the merit, or in many cases, the lack of merit, of the opposing party," Molino said. "In all of those circumstances, we do that analysis to understand how do we resolve this amicably and how do we resolve it in our best interest."

Another $28,000 of the city's extra legal expenses have been related to redevelopment projects, such the Carr's Warehouse building and the Della Penna property.

The city's annual legal expenses include the city's attorney, George Van Ness and his law firm, outside council on specific cases, labor relations counsel and prosecution of code violations.

Molino didn't have a count available of how many individual cases the city has handled so far in 2014.

Molino said there have been years of fewer legal cases and years of an even greater volume of claims against the city, which is why, he said, legal expenditures are always hard to nail down at budget time.

Also not available is how much the city has spent on legal services over the six years it's been in some form of legal battle with the Mall Merchants Association.

Ben Franklin famously warned, "If we don't hang together, by heavens we shall hang separately."

City Councilman John Canale thinks it's time the various agencies working in the City of Batavia do a better job of hanging together.

To that end, he's asking his fellow council members to authorize a little extra spending: About $1,900 to help the Batavia Improvement District pay for the colorful hanging baskets lining Main Street again this year.

"Unfortunately, there's a lot of division of agencies in the city that are all working for the betterment of the city, but nobody wants to get on the same page," Canale said.

The BID stepped forward and paid $10,000 toward the cost of garbage dumpster containers off School Street. Now the city can reciprocate by pitching in for the flower baskets.

City crews hung the baskets at the behest of the BID on Friday, in time for Memorial Day.

Canale acknowledged that the city funding Vibrant Batavia has been a sore spot for some, and the city pitching in on the hanging baskets can smooth things over a bit.

"The BID doesn't have to do all the things they do," Canale said. "They don't have to put up flowers to make our Downtown more beautiful and more attractive to future businesses or businesses that may want to relocate. I think it would be great for the city to partner on a project like this."

Flowers Downtown are part of the city's economic development efforts, Councilwoman Patti Pacino said.

"Whether people choose to believe it or not, STAMP is enormous," Pacino said. "The ag park. These are all new people who don't live here, haven't lived here, and I'm going to guess they're married and have children. I'd like them to come in and see this is a good city to raise children in and live in. Flowers in the city, it sounds like such a small thing, but it makes it that much more interesting, that much more available, and that much better to come here."

Councilwoman Kathy Briggs suggested the city already does its share by watering the baskets.

Asked after the meeting about the city's contributions to hanging flower baskets Downtown, City Manager Jason Molino said, "The city does a lot of participation and cooperation with the Business Improvement District because we value improving our Downtown and our business community, and that helps the community as a whole. This is another one of those circumstances where we're going to partner with them to do more in the future."

From WBTA:

Jamie Carney, a veteran of two tours of duty in Iraq and Afghanistan, died in New Jersey on Saturday. He was 27.

The cause of the young man’s death remains a mystery.

“His goal this past weekend was to go to New York City for the first time in his life, see New York City, come home for Memorial Day to the Rubin family in Massachusetts where it was their son’s birthday. He was going to celebrate Memorial Day and the birthday with this little boy. He never made it back because he died in a hotel room,” said Paula Zirbel, a close friend of the family’s.

Zirbel said Jamie was being treated for post-traumatic stress disorder. However, he was starting to build a life in Boston and he had dedicated his last 16 months caring for a special needs child -- whose birthday was approaching -- and recently began his undergrad work in Early Childhood Development. That’s what makes his unexpected death that much more heartbreaking.

“When your son goes to war, as Dave and Elizabeth had told me last night,” she said, “you fear that this phone call is going to come. Once he goes through two tours and he comes home and he’s not okay for a while, you still fear that this phone call will come. When this phone call came, the family was finally happy and content for Jamie.

"He came home for Easter and claimed how much he had found some peace and some love for this little boy and a direction of what he wanted to do and he was starting to heal. So, this was a time when this phone call came that the family was finally relaxed, they were finally at ease. When the call came it was at a time when they were naively thinking everything was going to be okay.”

Read more on WBTAi.com.

You can donate any amount at this link anonymously:http://www.gofundme.com/9idz30

A motorcycle crash with unknown injuries is reported at 7129 Hopkins Road. Mercy Flight is on ground standby in Batavia; not available to fly except to Strong Memorial Hospital due to wind. Pembroke and Indian Falls fire departments are responding. A first responder says the rider is off the bike, standing up and holding his helmet.

UPDATE 6:18 p.m.: Mercy medics are responding non-emergency mode.

State Police say it disappeared much too fast -- a 1966 red Corvette was apparently stolen from the parking lot of Applebee's in Batavia at about 5 p.m., May 7.

The classic coupe has chrome side pipes, a black interior and is owned by a Wyoming County resident.

Anyone who is familiar with this vehicle or has information regarding this incident is asked to contact the State Police at (585) 344-3311.

Press release:

The Town of Le Roy, NY (Town) has filed suit against Frost Ridge Campground LLC (Frost Ridge) alleging they are in violation of local zoning code. After initial arguments, Judge Robert C. Noonan has ordered Frost Ridge to temporarily suspend “amplified outdoor concerts and alcohol service” until the merits of the lawsuits can be fully addressed.

Of course, Frost Ridge has complied and will continue to comply with Judge Noonan’s Order. In the meantime, Frost Ridge remains open to all its camping guests, and will continue to seek alternative options and potential venues for its live music.

Again, we thank our guests for being patient, as we have had to be patient. We need to allow this process to be worked through. There may be a few bumps along the way, but everyone who knows us will realize that we work through issues to resolve them.

Children with disabilities can benefit from hippotherapy. What's that? It's providing speech therapy and physical therapy using the movement of a horse.

From 1 to 4 p.m. on Saturday, May 31, there will be an open house and fundraiser to benefit ARC of Genesee County for hippotherapy. It will take place at Conrad Country Stables at 2638 Pearl St. (Route 33) just outside of Batavia.

There will be a Chinese auction, 50/50 raffle, children's games and refreshments.

Valerie Edwards is the director of the program, which is relatively new to Genesee County. It is called Equine Assisted Therapeutic Services LLC, located at 3389 Dodgeson Road, Alexander. Phone is 585-815-0327.

Bradley Douglas Miller, 32, of Fullington Road, Attica, is charged with harassment, 2nd. Douglas was allegedly involved in a fight with a neighbor. Both parties suffered minor injuries.

Karen Marie Cummings, 45, of Alexander Road, Alexander, is charged with two counts of harassment, 2nd. Cummings is accused of fighting with a neighbor. Both parties suffered injuries in the incident.

Richard S. Ishmael, 49, of South Lyon Street, Batavia, was arrested on a bench warrant for alleged failure to appear. Ishmael was arraigned in Batavia City Court and jailed on $2,500 bail.

Wendy L. Henry, 29, of Central Avenue, Batavia, was arrested on a bench warrant. Henry was located at an address on Ellicott Street, Batavia. Henry was jailed on $150 bail.

Jeremiah P. Hackett, 27, of Taunton Place, Buffalo, is charged with DWI and failure to maintain lane. Hackett was arrested following an investigation by Officer Stephen Cronmiller reported at 2:19 a.m., Sunday. Hackett's vehicle reportedly struck a tree at 74 Oak St., Batavia.

John Sumlin III, 35, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 3rd, and unlicensed operator. Sumlin was stopped at 3:30 a.m. Sunday on Park Road, Batavia, by Deputy Joseph Corona. Sumlin was jailed on $25,000 cash bail or $50,000 bond.

Jeffrey Mark Black, 49, of North Byron Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Black was stopped at 1:20 a.m. Sunday on Byron Holley Road, Byron, by Deputy Joseph Corona.

Andrew DeMara Hewitt, 29, of Locust Drive, Hamlin, is charged with petit larceny. Hewitt was arrested on a warrant for alleged failure to appear in Town of Byron Court. Hewitt was arraigned and released.

Edward R. Loper, 26, of Batavia, is wanted by the Sheriff's Office in connection with an alleged strangulation during a domestic incident Friday morning at 4036 W. Main Street Road, Batavia.

Numerous patrols responded to the location Friday morning, but officers were unable to locate Loper and he remains at large.

Loper is described as 5' 8" tall and 170lbs. He has shaved or very short brown hair, small tattoos on both sides of his neck and a small teardrop tattoo under his right eye. 

The Department of Parole also holds a warrant for Loper for an alleged violation of parole. 

Loper was released from prison in July after being sentenced in August 2012 to one-to-four years on a third-degree burglary conviction.

Anyone with information regarding Mr. Loper’s whereabouts is asked to call the Sheriff’s Office at (585) 343-5000.

Batavia High School girls track team won the Section V Class B championship in a meet in Lyons on Saturday.

With 97.50 points, BHS topped Honeoye Falls-Lima at 82.50 and Wayne Central at 76 in a field with 14 teams competing.

Event winners include:

• Marissa Dispenza, 100 meter hurdles, 15.87
• Kaylee Cassidy, Alexis Kindig, Emma Eastridge and Claire Zickl, 4x800 relay, 10:02
• Krystyn Mott, pole vault, 2.81m
• Celia Flynn, shot put, 9.30m

Le Roy boys won the Class CC championship, with 94 points, topping Williamson Central at 88 and Wellsville at 85.

Event winners include:

• Rubin Owens, high jump, 1.98m
• Rubin Owens, long jump, 7.14m
• Rubin Owens, triple jump, 14.75m

ABC News: First time in 800,000 years: April's CO2 levels above 400 ppm

Local veterans conducted the first ever Memorial Day service today at the new Genesee County War Memorial, corner of Bank and Washington.

To purchase prints, click here.

Here's photos from today's Memorial Day Parade in Batavia.

To purchase prints, click here.

A three-car accident is reported at 3 River St. Injuries are believed to be minor. City fire and Mercy medics are responding.

UPDATE 12:55 p.m.: Northbound traffic will be stopped at River and South Main Street.

A tanker with 500 gallons of anhydrous ammonia tipped over in the area of 6355 Cockram Road and Route 237. It is blocking the roadway. No indication of any spill at this time. It was being hauled by a tractor. Byron and South Byron fire units are on scene. Wind is west, southwest at 11 mph. County hazmat officials are notified.

UPDATE 8:11 a.m.: The county hazmat team is responding.

UPDATE 8:32 a.m.: Byron and South Byron fire police are requested to the scene.

UPDATE 8:45 a.m.: An engine from Clarendon Fire Department is requested to fill in at Byron's station.

The pin that broke, causing the accident. The ammonia was transferred from the tank that tipped over to two others owned by the same farm. The hazmat team was prepared in case there was a leak.

Donations are needed for a garage sale in Corfu June 12 - 14 to benefit the Genesee County Animal Shelter. It will take place on those dates from 9 a.m. to 4 p.m. at 60 E. Main St., Corfu.

Any donations are welcome EXCEPT CLOTHING. Drop off donations at the county Animal Shelter anytime, and if the shelter is closed, leave them by the front door under the roof. The county shelter is located at 3841 W. Main St. Road in the Town of Batavia.

City fire officials and National Fuel and National Grid workers are trying to unravel a mystery this morning -- what's the source of a gasoline smell emanating from the ground behind the old Genesee Bank building.

A business owner on Main Street reported the gas odor this morning. It was filling the air in that business and in the basement of 90 Main St., but not the surrounding building basements.

Meters have also detected the substance around where a new utility pole was installed last week.

One possible explanation is that decades ago -- before there would have been permits required -- there was a fuel tank in the area. The odor could be coming from residue of an old tank. But that's just speculation at this point.

UPDATE: It turns out a maintenance worker had spilled a small amount of gasoline in the area  a day or two before and that caused the odor to build up in the building.

A motor-vehicle accident with minor injuries is reported in front of Town of Batavia Fire Department's Station #1, located at Park and Lewiston roads. Town fire is responding along with Mercy medics.

UPDATE 8:05 p.m.: A second ambulance has been called to the scene. The first medic is transporting a victim to UMMC.

UPDATE 8:08 p.m.: The town's assignment to Lewiston Road is back in service.

Michael Napoleone Memorial Baseball Tournament has returned to Batavia this weekend. The annual event started Friday and runs through the day. Most of the games are being played on the three fields at MacArthur Park, but there were games today at Dwyer Stadium (including a night game) and one this morning at Williams Park. Teams from throughout the region participate in the tournament.