batavia

A two-vehicle collision with possible injuries is reported at Route 98 and the Thruway entrance. There was air-bag deployment. Town of Batavia fire and Mercy medics are responding. Law enforcement is on scene.

UPDATE 4:06 p.m.: Town assignment back in service.

Joe Hinz was named Firefighter of the Year for the Town of Batavia Volunteer Fire Department and Steve Coburn received the President's Award during the department's annual awards and installation dinner at Terry Hills last night.

Officers installed for 2017:

Line officers: Daniel J. Coffey -- chief, Chad R. Higgins -- deputy chief, Robert H. Tripp -- first assistant chief, Paul R. Dibble -- second assistant chief, Andrew Z. Mullen -- captain, David J. Tran -- lieutenant, Paul G. Barrett -- Safety Officer.

Corporate Officers: Michael D. Jones -- president, Nathan L. Fix -- vice president, Steven C. Coburn -- secretary, Donald F. Koziol -- treasurer, and directors are Paul G. Barrett, Gary D. Diegelman, Daniel P. Jacques, Robert J. Mullen and Timothy J. Yaeger.

Steve Coburn and Joe Hinz with department officers.

Some of the top responders making at least 100 calls in 2016.

Last night was the last official student art show for Deb Meier, an art teacher at Batavia High School for 31 years. She's pictured in the back row on the left, with some of the city schools students who won awards Friday night in the opening art show at Richmond Memorial Library for Student Art Month.

Meier said she will continue volunteer work with student artists because she thinks it's so beneficial to the kids.

"Art gives enjoyment to life," Meier said. "It gives meaning. The arts, even though we only celebrate it once a month a year with Youth Art Month, it's essential to our beings. We are no longer living in caves. We’re living in houses that are designed by architects, wearing clothes that are designed by fashion designers."

Art is all around us, she agreed.

"Yes, we just need to learn to see it."

What she's enjoyed most about teaching art she said is seeing the students blossom. 

"Seeing the realization, seeing the light bulb go off when they realize they’ve got it, they did something right, they took something and explored a new media or new idea in expression," she said.

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Photos from St. Patrick's Day celebrations at Center Street and O'Lacy's Irish Pub yesterday.

A tractor is reportedly on fire at the Thruway interchange at Park Road and Oak Street, Batavia.

City fire responding.

UPDATE 7:47 a.m.: City fire on location. No fire at that location. 

James “Beef” Soggs, who coached youth sports pretty much year around -- football, basketball, baseball -- for two decades passed away yesterday at age 54.

He will be missed.

"He was always upbeat and very positive," said Buddy Brasky, who coached with him and against him in baseball, and worked with him as one of the coaches in his youth basketball program. "He never looked at anything in a negative way, which is why the kids loved him. He had a special way of making the kids feel good about themselves. He made them feel like a million dollars. Kids loved playing for him."

Dave Hall, who coached Little League with Soggs for 18 years, said he's never known a coach more dedicated to the kids. He said they talked daily, sometimes three or four times a day, about baseball or particular young athletes. Soggs always had the best interest of the kids at heart.

He got down to their level and communicated with them in a way they got, Hall said.

"He just had a way with the kids," Hall said. "He knew what to say. He knew when to put his foot down. He knew when to put an arm around a kid and give him a hug and show them a little love.

To meet Beef was to make a new friend. He always had a smile and a positive word.

"He was just a good-hearted guy," Brasky said. "You won't find anybody who has a bad thing to say about him. He just made you feel good when you were around him."

Rick Mancuso said the thing he admired about Soggs was he was into youth sports for all the right reasons.

"Beef was in it for the kids and you can't always say that about every coach these days," Mancuso said. "He always did the right things in the right way."

He said Soggs contributions to the community went beyond sports and went beyond Batavia.

"He did a lot for the community and for a lot of different people and the kids are better for it," he said.

Hall said he will miss his good friend. He already does. But he also said the community will miss him.  

Soggs, he said, had plans to coach in the minors this year so he could coach his grandson.

"He was looking forward to that," Hall said. "That's the sad part. He will miss that opportunity."

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

A former caregiver who bilked two elderly patients out of more than $308,000 from 2006 to 2011 and eventually pled guilty to four felonies, was sentenced to prison and is now free, but she's finding it difficult to pay restitution.

Heidi L. Schollard was ordered to pay $500 a month when she was sentenced to the maximum possible term in August 2012, which was concurrent sentences of two-and-a-third to seven years on three of the felony convictions and one-and-a-third to four years on the fourth.

She pled guilty to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony.

She was released from prison Feb. 13 and was ordered to make her first $500 payment within 30 days of her release. She has so far failed to make any payment.

Public Defender Jerry Ader, representing Schollard in County Court yesterday, said Schollard only recently secured employment but will still find it difficult to make $500-a-month payments.

Apparently, while still in prison, Schollard petitioned the court for a modified restitution order, but that request was never acted on.

Whether the court can take action against Schollard was the point being argued in court yesterday and the reason for the hearing.

Ader's position was that based on statute since Schollard received the maximum possible prison sentence for her conviction, the County Court cannot impose new sanctions on her if she fails to meet the restitution requirements.  

Without the ability to impose new penalties, the court's only option, Ader said, is to make restitution a civil matter. The victims would need to seek restitution through civil, not criminal, courts. 

District Attorney Lawrence Friedman argued that since Schollard's sentence was concurrent and not consecutive, she didn't receive the maximum possible sentence under the law so therefore Judge Charles Zambito can take punitive action against Schollard if she fails to meet restitution demands.

Zambito said he wasn't going to rule on the issue from the bench and ordered both attorneys to file briefs in support of their positions laying out the legal arguments and case law to support their assertions.

The issue was scheduled for a further hearing at 1:30 p.m., April 10.

Information from a press release:

The topic for Criminal Justice Day 2017, during National Crime Victims' Rights Week, is "Education, Prevention & Resources for Older Adults." A forum on this subject will take place on Monday, April 3, at the Stuart Steiner Theatre at Genesee Community College in Batavia. It runs from 8:15 a.m. to 1 p.m. and the campus is located at 1 College Road, Batavia.

Cost to attend is $10 per person, or $5 for students. Seniors 60 and older get in free.

According to the event organizers, abuse of older adults occurs in many different ways: physical, emotional, or sexual abuse, as well as financial exploitation in the form of forgery, scams and credit card or property theft.

The forum will explore the various facets of elder abuse, the signs of abuse, and provide strategies and resources in preventing abuse, along with where to go for help and how to proceed after an individual has been victimized.

Perpectives will be shared by representatives from the the Genesee County Sheriff's Office, Genesee County District Attorney's Office, Secret Service, Lifespan, Genesee County Office for the Aging, Ombudsman Program, Genesee Justice, Department of Social Services as well as a local senior citizen organization president.

National Crime Victims' Rights Week provides a time of national remembrance for crime victims and survivors in order to raise awareness about the rights and needs of crime victims; the challenges that victims face in seeking help and hope in the aftermath of crime; and the positive impact that we can all have in providing services and support to victims and survivors of crime.

The theme of "Strength. Resilience. Justice." reflects this vision of the future, one in which all victims are strengthened by the response they receive, organizations are resilient to challenges, and communities are able to seek collective justice and healing.

In addition to the aforementioned participants and GCC, the event is also presented by these partners: Batavia City Police, Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA), Genesee County Youth Bureau, Mental Health Association of Genesee and Orleans County, and YWCA of Genesee County.

To RSVP, make checks payable to GCASA, and mail by Monday, March 27 to: GCASA, 430 E. Main St., Batavia NY 14020.

Include your name, address, city, state, Zip code, phone, and email address.

For questions regarding registration, call 343-1124 or email Diane Klos at  dklos@gcasa.org      (FAX is 585-343-9622)

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!

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:

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.

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

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.

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.)