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Press release:

The Comprehensive Plan Update will help guide future zoning and development decisions in Byron. What would you like to see for the future of Byron? Please complete a survey and return to the Byron Town Clerk (P.O. Box 9, 7028 Byron Holley Road, Byron, NY 14422) by March 31.

Survey forms are available at the Byron Town Hall, Byron Hotel & Trailhouse, Fullerino’s Pizzeria, Gillett’s Hardware or Gillam-Grant Center. The survey is also available online. You can link to the survey on the Town of Byron website:  http://www.byronny.com/  or go directly to the survey at https://www.surveymonkey.com/r/ByronCommunitySurvey

Please only complete one survey (online or on paper). Thank you for your participation.

A car has struck a pole in the area of 10655 Molasses Hill Road, Bethany.

A line is arcing.

There are no injuries.

The road is being shut down.

Bethany fire is responding.

UPDATE 9:53 p.m.: Road being reopened. Assignment back in service.

The proposed federal spending plan released today by the Trump Administration cuts funding for the arts, which, as the Washington Post points out, will hit small rural communities, such as Batavia, the hardest.

The $148 million National Endowment for the Arts Budget -- 0.004 percent of the overall federal budget -- is funneled down the local level by the New York State Council on the Arts.

If cut, that funding will mean the elimination of grants for local arts groups, said Jennifer Gray, executive director of GO ART! She said there are 25 organizations and individuals in Genesee and Orleans counties who depend on those grants to provide arts events, about 70 a year, along with classes and programs that are enjoyed by more than 20,000 people throughout the two counties.

"If those programs are defunded, those programs will not happen," Gray said.

Early today, Rep. Chris Collins issued a press release expressing a couple of reservations about the Trump budget, particularly as it pertains to agriculture and the National Institute of Health, but did not address any other budget cuts, including eliminating the NEA. Twice today we emailed members of Collins staff requesting a comment on the topic from the Congressman and did not receive any response.

Elimination of arts programs could have far-reaching effects locally, including on education and business.

Steve Hyde, CEO of GCEDC, said he understands the balancing act the president must go through to arrive at a budget he believes is best for the country, but it's also true businesses are looking for communities where they might set up shop certainly take into consideration lifestyle issues for employees, which includes access to arts and entertainment opportunities.

Companies want to know that potential employees will want to move into a community that offers the lifestyle choices and amenities that attract top talent.

The arts, Hyde said, also play a key role in educating the future workforce.

"The arts help kids engage and it draws on those necessary critical thinking and creative thinking skills," Hyde said.

Gray also noted the potentially dire economic impacts of cutting arts funding.

"Our region will continue to become a cultural wasteland, which in turn drives away potential residents, potential property tax income, potential industry, the list goes on," Gray said. "We will be an area that supports methadone clinics before it supports the arts. Our children will have the options to get drug treatment over participating and thriving in the arts. The arts change lives, change regions, (it) lifts up the economy and drives tourism. Who wants to live in a region devoid of all that?"

Eliminating the NEA has been long been the goal of many social conservatives who not only say the NEA is wasteful spending, but that it also promotes artistic expression social conservatives find objectionable.

While the NEA is only a tiny portion of overall federal spending, the funds it disperses is also only about 1 percent of all the money spent on the arts in the United States. In smaller communities, though, where just as a matter of smaller populations, there are fewer people to support the arts and fewer rich patrons, the federal spending has a greater impact.

Gray doesn't know if defunding NEA will lead to the eventual demise of GO ART!, but even if it doesn't, she said, it will have a profound impact on the local arts community.

"Like all of Trump's policy's so far," Gray said, "it will devastate those people and organizations that need it the most. Poverty-stricken areas and low-income regions will further fall into the abyss of both cultural void and economic destitution."

DISCLOSURE: Howard Owens is on the board of directors of the Genesee Symphony Orchestra, which in the past has received grants from GO ART! that help fill budget gaps for the orchestra.

The Arc of Genesee Orleans Art Show & Film Festival will be held at Stuart Steiner Theatre, at Genesee Community College, on Saturday, March 18.

The campus is located at 1 College Drive in the Town of Batavia.

The artwork, courtesy of artists served by The Arc of Genesee Orleans, will be displayed at 12:30 p.m., followed by the Sprout Film Festival at 1 o'clock.

Register at the event to win a beautiful framed work of art!

For more information, contact Shelley Falitico at 343-4203 or visit geneseearc.org or arcoforleans.org.

This project is made possible with funds from the Decentralization Program, a regnant program of the New York State Council on the Arts with the support of Governor Andrew Cuomo and the NY State Legislature and administered by GO ART!

When asked if he wanted to be a firefighter since he was a little kid, Stefano “Steve” Napolitano wasted no time in responding.

“One hundred percent correct,” he said. “When I was 6 years old, my uncle John – we lived in Long Island then – took me to the fire station where he worked and when I saw those giant, red fire trucks, I said, ‘Oh, my God.’ Ever since then,

Napolitano’s dream came true at the tender age of 18 when he was accepted as a volunteer firefighter with the Frankfort fire company, and he progressed through the ranks to become the deputy fire chief for the Village of Herkimer.

In less than a month, April 17^th to be exact, he will continue his firefighting journey when he begins his tenure as chief of the City of Batavia Fire Department.

“There is a renaissance that is taking place (in Batavia) and a quality of life improvement, and as far as public safety is concerned we want to enhance that to continue to attract industry and mom-and-pop businesses,” he said.

Napolitano, a Queens native who has lived in the Mohawk Valley for about 45 of his 50 years (he turned 50 on March 13^th), said he appreciated the thorough process that resulted in his hiring by City Manager Jason Molino.

“It has been a long process; we started in September of last year,” he said. “They did an outstanding job of vetting people, and by the grace of God, I was fortunate enough to be chosen. I look forward to working with an outstanding group of individuals in the fire department and those who are part of the executive team.”

Napolitano sees himself as a “boots on the ground-type firefighter” but he also has continually taken steps to educate himself on the finer points of firefighting.

A mechanical engineer by trade, he has used his expertise to design fire trucks, consult on fire equipment and coordinate major projects. He said he has spent hundreds of hours in classroom training en route to becoming a certified code enforcement officer and state fire instructor.

His varied background – he’s been with the Herkimer fire department for 25 years -- also includes a stint as deputy director the Herkimer County Office of Emergency Services from 2008-2015, where he assisted with local disaster and emergency management plans, the county 9-1-1 dispatch communication center and the administration of the county’s mutual aid plan, mutual aid radio system and state fire training.

In 1996, he founded Advanced Technologies, a company that served as a regional fire equipment distributor offering quality products at fair market prices. He recently sold it to Herkimer Industries, a divison of the Herkimer ARC, a nonprofit agency servicing those with disabilities and special needs. Napolitano continues to serve as a consultant to company officials.

Calling his hiring “a promotion in so many ways,” Napolitano said he looks forward to meeting the 40 or so members of the Batavia department and “coming in to enhance the great things they are already doing.”

“Just look at the department’s Facebook page and you can see how much they are involved in community service projects,” he said.

He also credited Dan Herberger, who had been serving as interim chief, for doing an “outstanding job.”

Napolitano leaves behind a chief and co-workers in Herkimer who have nothing but respect for his knowledge, ability and positive outlook.

“Steve is very well regarded, and very knowledgeable in apparatus, as a state fire inspector, an EMT and deputy chief,” said Herkimer Fire Chief John Stanfelner.

“He was one of my go-to people. I’ve always said that I don’t know everything, so I go to the people who do know. If you ask him a question, he will give you the right answer or do what it takes to give you the answer.”

Napolitano said he is working with a couple of real estate agents to find a place to live in Batavia.

He has two children – a daughter, Alyssa, who just took a job at Oswego State College, and a son, Steve, a third-year student at St. Lawrence University in Canton.

And, by the way, he said to the best of his knowledge he is not related to former Secretary of Homeland Security Janet Napolitano or Fox News TV personality Judge Andrew Napolitano.

Press release:

Following a successful contest to have a logo created for The Ellicott Trail, Town of Batavia officials are hoping to use a similar method to select a new town logo. Ideally, the logo would incorporate the town's rich history and rural nature, while giving a nod to recent development.

The original Town of Batavia included practically the entire Holland Land Purchase, which was nearly all of Western New York. The town was formed by act of the Legislature, March 30, 1802. Alexander, Bergen, Bethany and Pembroke were set off in 1812, and Elba and a part of Stafford in 1820. The first town meeting was held at the tavern of Peter Vandeventer (now Newstead, Erie County) March 1, 1803.

Today the town is home to nearly 7,000 residents, a number of farms, shops, parks, and industrial parks. The town is bisected by the Tonawanda Creek, Interstate 90, and a number of state routes including routes 5, 33, 63, and 98 which has given the town its current slogan "All Roads Lead to Batavia."

The new logo will be used on a wide range of applications including but not limited to exterior signs, town vehicles, and the town's website.

Entry deadline is April 30.

• Entries must represent well in black and white format but full-color entries are encouraged.
• Entries must include the verbiage "Town of Batavia" and establishment date (1802).
• In addition to the name and date, an additional graphic element or design solution is encouraged.

To submit entries:

• Hard copy entries sent to: Teressa Morasco, 3833 W. Main Street Road, Batavia, NY 14020;
• Electronic submittals via email to: logo@townofbatavia.com; emailed as JPG files, no smaller than 500KB / no larger than 3MB;
• There is no limit to the number of entries one person or team can submit;
• No entries will be returned;
• Winning entries become the exclusive property of Town of Batavia for its unlimited use;
• All entries must include designers name, address, contract phone number.

This is the town's current logo:

An accident with possible minor injuries is reported in the area of 7793 Townline Road, Bergen. 

Bergen fire and ambulance responding. 

UPDATE 7:50 a.m.: Confirmed injuries. Extrication for at least one person required. 

Here's a different take on a snowstorm picture. Matthew Bailey and Heather Lewis got engaged recently but hadn't yet gotten their engagement portraits taken, so today, in the midst of a snowstorm on Tracy Avenue, they thought it would be the perfect time to have their official engagement pictures taken. They will be married May 12. Bailey was recently hired as a corrections officer in the Genesee County Jail.

Photo submitted by Melissa Barone.

Firefighter Christine Marinaccio was part of a team of Batavia Local 896 firefighters who participated this past weekend in the American Lung Association Fight for Air Climb at the Main Place Tower in Buffalo.

Marinaccio won the trophy for Fastest Female Firefighter, beating out the other women in the climb up the 24-floor staircase. Her time was seven minutes and 27 seconds. The five-member team raised $2,100 for the ALA.

Lilah Guarino, 7, (top photo) and Quintin Hoca, 4, (below) couldn't wait to get to Centennial Park today to sled in the snow. The sun came out late this afternoon and they were there. It's the first time this winter there has really been enough snow for good sledding. Lilah's father said she's been bugging him all winter about sledding so she was eager to hit the slopes today.

A person is reportedly stuck in a vehicle, but uninjured, after a rollover accident on Route 77, just south of Ham Road, in Alabama.

Alabama fire and Mercy EMS dispatched.

The Genesee Valley Wind Ensemble will hold its Spring Concert in the auditorium of Elba Central School at 4 p.m. on Sunday, April 30.

Philip J. Briatico is the conductor.

It will feature these works:

• "A Copeland Tribute" -- Clair Grundman
• "Barnum & Bailey's Favorite" -- Karl King
• "Ghost Train" -- Eric Whitacre
• "New York: 1927" -- Warren Barker
• Highlight's from Rodgers & Hammerstein's "Carousel"
• "When Jesus Wept" -- William Schuman
• Sounds of the Carpenters
• "Hymn to a Blue Hour" -- John Mackey
• "Bond...James Bond" -- arrangements by Stephen Bulla

Admission is $10 for adults; $8 for seniors age 55 and up, and veterans; $5 for students with I.D.; children ages 5 and under are free. Get a Family Deal for $25 for mom and dad and up to four children.

Also, there will be a Meal Deal printed on the back of the tickets, offering a deal at Chap's Elba Diner, which can only be used immediately following the concert for 10 percent off the dining bill.

This program is made possible, in part, by the Reach Grant program administered by the Genesee-Orleans Regional Arts Council.

The purpose of the Genesee Valley Wind Ensemble is to serve and to provide the Greater Genesee Valley audience with new and familiar live music, to serve its membership with the opportunity to perform challenging wind ensemble literature and to create the opportunity for the conductor and musicians to grow their collective musical talents.

To contact the ensemble, email  geneseevalleywindensemble@gmail.com

Press release:

City Manager Jason Molino announced today that Stefano (Steve) Napolitano has accepted the position of the City’s new fire chief.

Chief Napolitano will be leaving his current position as Deputy Fire Chief for the Village of Herkimer and begin his Batavia post on April 17.

“It has been a long and thorough search to fill this important position with the City’s fire department,” Molino said. “Steve brings with him a great breadth and depth of experience in the fire service and has the proven skills and passion for leadership that we’ve been looking for. I look forward to introducing him to our community.”

In addition to his 25 years with Herkimer’s fire department, Chief Napolitano has served as a New York State Fire Instructor since 2006. He continues to conduct training at the State Academy of Fire Sciences in Montour Falls.

Napolitano also worked as Deputy Director of the Herkimer County Office of Emergency Services from 2008 through 2015 where he assisted in development, revision and implementation of local disaster and emergency management plans, along with assisting in the county 9-1-1 dispatch communication center and the administration of the county’s mutual aid plan, mutual aid radio system and state fire training.

Chief Napolitano, who has two adult children; a daughter, Alyssa and a son, Steven,  will relocate to Batavia.

“I anticipate becoming an integral member of the community and immersing myself in various civic organizations,” Napolitano said. “In addition, the City is experiencing many quality of life enhancements, and along with being able to work with an outstanding group of men and women in providing critical services to the citizens of Batavia, I’m looking forward to taking advantage of all the community has to offer.”

Molino also thanked Interim Chief Dan Herberger who has served in the temporary capacity for a little more than a year, saying “Chief Herberger has proven himself to be an outstanding senior leader and integral member of our management team.”

Molino added that Herberger contributed immensely not only to the fire department but to the entire City through his wisdom, work ethic and incredible sense of commitment.

The Genesee County Job Development Bureau will hold a Youth Job Fair from 9 a.m. to noon on Thursday, March 23. It will take place at the Genesee County Career Center, located at 587 E. Main St., Batavia.

Eleven employers and 13 vendors are scheduled to attend. They will assist youth graduating from high school secure employment on a short-term or long-term basis, and vendors such as Genesee Valley Educational Partnership, Genesee Community College, and Empire State College will have representatives there to talk to the youth about vocational or educational goals.

In addition, representatives from the Department of Labor will be on hand to review students' resumes.

For questions or to participate in this event, contact Jay Lazarony, senior employment & training counselor, Genesee County Career Center, 587 E. Main St., Batavia. Phone 344-2042, ext. 4212, or email  jlazarony@co.genesee.ny.us

Press release:

St. Joseph School inducted new members into its Chapter of the National Junior Honor Society (NJHS) last week.

With help from the school's current NJHS members, new inductees were welcomed into the NJHS at a ceremony held at St. Joseph Church. The NJHS serves to honor those students who have demonstrated excellence in the areas of scholarship, service, leadership, character, and citizenship. For 10 years, the students in the NJHS at St. Joe’s have been helping the Batavia community by holding fundraisers and providing services for many different organizations.

To be considered for a nomination into this Society, seventh-grade students had to maintain an average of 94 or above and eighth-grade students had to maintain an average of 90 or above. These students then had to apply for membership showcasing their accomplishments and service over the past few years. After careful review and consideration, the St. Joe’s NJHS faculty council selected this year’s inductees.

Congratulations to seventh-grade students Nathanael Brew, Colin McCulley, Aiden Sisson, Lucia Sprague, Steven Zocco, and to eighth-grade students Donato Fiorentino, Colin Kratz, Ava Reinhart and Maxwell Tenney.

A statement from Assemblyman Steve Hawley (R,C,I-Batavia) on Sunshine Week, which is dedicated to increased openness, accountability and transparency in government:

“Sunshine Week is a tremendous opportunity we have as public officials to inject trust and integrity back into Albany politics. Unfortunately, year after year, Albany’s budget process seems to be the opposite.

"The governor and house leaders have routinely kept many rank-and-file legislators completely in the dark on budget negotiations, only to thrust a series of very long bills on our desks in the middle of the night for a rushed vote, and that is unacceptable.

“Let’s not forget it was New York City special interests who voted against 12 reforms put on the table by my upstate Assembly colleagues and I, which would have set term limits for legislative leaders, put restrictions on messages of necessity and required a three-day input process before legislation could be voted upon.

"The best way to cut through the dark cloud of secrecy and backroom dealings is sunshine, and I will be working to pull back the curtains as we move forward.”

Rachel Ann Baehr, 30, of Linwood Road, Le Roy, is charged with third-degree assault. On March 15, at 1:25 a.m., Baehr was arrested following an investigation of a domestic incident that occurred at 9101 Linwood Road in the Town of Le Roy. She allegedly bit another person's face, causing them to bleed. Baehr was arraigned, then released under supervision of Genesee Justice. She is due back in Le Roy Town Court on April 20. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan Young.

Richard Dean McKague Jr., 26, of West Main Street Road, Batavia, is charged with criminal possession of a weapon in the fourth degree. On March 14, at about 11:16 a.m., McKague was arrested for allegedly possessing a Kung Fu Star during a probation home check. He was issued an appearance ticker for April 11 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Cummings.

A Statement from Assemblyman Steve Hawley (R,C,I-Batavia) on the Assembly’s One-House Budget Resolution:

“It comes as no surprise that the Assembly’s One-House Budget Resolution, crafted in secret by New York City politicians, increases taxes and spending and shifts our state’s resources in a way that seemingly benefits illegal aliens and criminals as much as taxpaying citizens.

"This is a 3-percent spending increase over last year and it is disingenuous to force our municipalities to stay within the 2 percent tax cap when the legislature is not required to do so. We should lead by example and walk the walk.

"I will not stand for free college giveaways like the DREAM Act, Raise the Age, which protects violent felony offenders or the Essential Plan, which gives high-end healthcare plans to illegals on our dime.

"Despite these misplaced priorities, billions to fund clean water infrastructure upgrades, an increase in school aid, an increase in local agriculture assistance and a $500 million proposed investment in the Consolidated Local Street and Highway Improvement Program (CHIPS) will go a long way toward improving and strengthening our community if they make it into the final enacted state budget. Expect me to remain vigilant and fight for these initiatives in the coming weeks.

"Furthermore, I am encouraged by the proposed $4 million restoration in Library Aid that the governor planned on cutting. I have worked diligently over the last few months to restore this funding and even wrote a letter to Speaker Heastie with signatures of 62 legislators from both sides of the aisle.”

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.)