batavia

Five former residents of the Batavia PTSD Clinic who died within the past year were honored and remembered Friday in a ceremony that including reading their names (their names will be added to bricks in a path to the memorial flag pole) and laying a wreath in their honor.

The five veterans honored were:

• Daniel R. Criswell, Army
• Thomas R. Kintner, Marine Corps
• Haley M. Messer, Army
• Matthew J. Rizzo, Army
• Matthew M. Shaw, Army

Kevin Waleski, 31, an inmate in the Genesee County Jail, is charged with second-degree criminal mischief, a Class D felony. He is accused of damaging the jail inmate phone system on April 23. It is alleged that on that date he plugged the toilet in this holding cell, causing a flood. The water ended up in the basement of the jail and shorted out the phone system electronics, according to Genesee County Sheriff William A. Sheron Jr. He was arraigned on the charge June 3 and jailed without bail.

Jessica Nicole Weiss, 28, of Main Street Road, Batavia, is charged with two counts of endangering the welfare of a child. Following a child endangerment complaint at a local motel at 4:20 p.m. on June 5, Weiss was arrested on the charges. She allegedly left her young children alone in their residence for a period of time. Weiss was issued an appearance ticket and taken to jail for prints and photos. She is due in Town of Batavia Court on July 1. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

The Batavia Downtown Public Market opened Friday at Alva Place and Bank Street.

Members of Batavia City Fire, IAFF Local 896, were at locations on Main Street and Ellicott Street in Downtown Batavia today for their annual Fill the Boot campaign to raise money for MDA.

This year, they raised more than $11,000 from thousands of small donations by residents passing by the firefighters with boots.

When President Donald Trump drapes the Medal of Honor -- our nation's highest honor -- around David Bellavia on June 25, the Batavia resident will become the lone living veteran of the Iraq War to receive the honor.

Bellavia, who co-hosts a news talk show on WBEN, wasn't available for comment today. 

Bellavia is already a Silver Star recipient for his single-handed battle against a nest of insurgents during the Second Battle of Fallujah. 

He's also received the Bronze Star, three Army Commendation Medals, two Army Achievement Medals, and the New York State Conspicuous Service Cross.

The Batavian will cover the press conference in Buffalo next week and the award ceremony at the White House on June 25 at the invitation of Bellavia.

Photo: File photo from 2011 when Bellavia announced his first congressional campaign.

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for a 6,000-square-foot warehouse project at 52 Cedar St. in the City of Batavia at its June 6 board meeting.  

Cedar Street Sales & Rentals (Mucher & Clark LLC) will receive approximately $37,000 sales, mortgage and property tax exemptions to support the $165,000 project.

The project will generate revenues of about 28,000 into the Batavia Pathway to Prosperity (BP2) fund over 10 years. The project supports 10 existing jobs and 1.5 new positions.

The GCEDC board also approved the acceptance of an application from W&M Humphrey Associates LP for a $3.1 million expansion for facilities on Munson Street in the village of Le Roy, which are leased to the Genesee Valley Educational Partnership (GVEP).

W&M Humphrey Associates is seeking incentives of approximately $465,000 in property, sales and mortgage tax exemptions.

The 11,000-square-foot project includes the addition of flexible conference rooms, training areas, offices and support spaces, and is estimated to add 2.5 full-time equivalent positions to the 525 supported by GVEP.

“The BP2 program is an important collaboration between various entities, including the City of Batavia, Batavia City Schools, and Genesee County to enhance economic development opportunities in Batavia,” said GCEDC Board Chair Paul Battaglia.

An altercation is reported at MacArthur Drive and State Street in the city. Batavia High School security personnel are said to be on their way over their. Batavia police are dispatched.

UPDATE 2:55 p.m.: The person accused of instigating the fight is a 15-year-old male and police are out with him now.

Press release:

In response to the senseless criminal actions over the past weekend, the City offers its condolences to victims, thanks those who responded, and commits to decisive action.

“The City shares in the grief felt by the families and friends of the victims, acknowledges the selfless acts by our citizens, appreciates the tireless work of Batavia’s finest, and thanks those who aided in the quick identity and arrest of criminal suspects this past weekend. Out of respect for those who gave their lives, and work so tirelessly, we commit to decisive action that will aid community crime prevention,” said Martin Moore, City of Batavia manager.

“The City will implement effective ideas, expand on successful neighborhood actions, and continue ongoing efforts to promote and ensure the safety of our community. We will continue to work cooperatively with community leaders, law enforcement, criminal justice officials, media representatives, neighborhood groups and business leaders to target criminals,” said Moore.

“Criminal violence and the loss of life is never acceptable and my sincere condolences go out to all those in the community that were impacted. It was encouraging to see people come forward and help the police quickly apprehend those believed to be responsible. To prevent violent acts in the future we must stay involved. If you see suspicious activity please report it to the police so that they can intervene and possibly prevent a serious crime from occurring. Over the next few weeks, City Council will be reviewing ways to assist our first responders and strengthen our public safety. Together we can make a difference,” said Eugene Jankowski Jr. City of Batavia of council president.

“The City of Batavia Police Department would like to thank the Genesee County Sheriff’s Office, Genesee County Dispatch Center, New York State Police, Genesee County Local Drug Task Force, City of Rochester Police Department, City of Batavia Fire Department, Mercy EMS, the Staff in the ER at UMMC and Police Chaplain Don Shirk for the assistance over this past weekend with the major crimes that took place in the City of Batavia. Because of the support received, the Police Department as able to quickly identify and arrest both parties responsible for these senseless crimes,” said Shawn Heubusch, City of Batavia police chief.

“The City extends its gratitude to witnesses that helped us to locate, identify and subsequently arrest both individuals involved in last weekend crime. With witness accounts, our job is much easier and we are heartened to see the public’s cooperation and willingness to get involved when a crime like this occurs in their neighborhood,” said Chief Heubusch.

“The Fire Department appreciates the opportunity to partner with City Police and assist in a support capacity. We were pleased to share specialized equipment and department personnel to aid in the investigative process, and acknowledge the outstanding work of the City of Batavia Police Department during these (last weekend’s) unfortunate events,” said Stefano Napolitano, City of Batavia Fire Chief.

Ongoing community safety is the first priority of the City of Batavia. All of the City’s departments are committed to keeping our City a healthy, violence-free place where our families can live, work and enjoy our City.

Every year, fourth-graders in Batavia get to try track and field to see if it's a sport they might enjoy. This year, because of the new stadium being built at Van Detta/Woodward Field, the track and field day was held at Oakfield-Alabama High School.

From the city's Bureau of Maintenance:

• Residents & Property Owners of Clinton Park, Fordham Drive, Eugene Street and Holmes Avenue -- Resurfacing

Photo and information from the Paolo Busti Cultural Foundation.

Anthony (Tony) Palmer is this year's Italian-American honoree selected by the Paolo Busti Cultural Foundation.

He will be feted at the foundation's Annual Scholarship Dinner at 6 p.m. on Wednesday, June 12^th, at Terry Hills Restaurant in Batavia.

One of eight student scholarship candidates will also be chosen.

The family of Vincent Gautieri, also offers a scholarship for members of the Foundation, from Genesee County and outside the County.

Tickets for the dinner are $30 and available from Foundation board members, Ben's Appliances, Kitchens and Bath, and VJ Gautieri Constructors Inc., located at 45 Liberty St. in the City of Batavia.

About Anthony Palmer -- 2019 honoree of the Paolo Busti Cultural Foundation

Anthony (Tony) Palmer was born in1935, in an old Italian neighborhood, in New York City.

He is the son of George and Angelina Ambroselli Palmer. He is proud to say he is 100-percent Italian!

He moved to Olean at 7 years old where he attended school, and later graduated from St. Bonaventure University.

From 1954-1957 he admirably served his country in Far East Korea.

Two years later he married the love of his life, Margaret Cruess. Together they raised an amazing nine children: Theresa, Angela ,Joe, Ann, Mary, Eileen, Dan, Katie, and Ryan. They have 22 grandchildren and nine great-grandchildren.

To say he is a family man is certainly an understatement! He and his wife have spent countless hours watching and volunteering at school events, sports events and, most importantly, their Catholic Church.

In 1966, Tony and his family moved to Batavia. He worked at Graham Manufacturing until his retirement in 2001.

He embraced the community and was a familiar face at numerous events and fundraisers. He credits his strong work ethic and willingness to help others, to his roots growing up as an Italian-American.

Tony has been an avid supporter of St. Joseph School and Notre Dame High School. He was past president of both schools, and ran ND Bingo for many, many years. He was inducted in Notre Dame Hall of Fame in 2001.

He has been a volunteer at the VA Hospital for an amazing 40 years. He is an Election Inspector for Genesee County.

He is a member of St. Nick’s Club, Right to Life, and St. Vincent DePaul. He is an active member of St. Mary’s Parish, where he is a Eucharistic Minister.

Tony is an excellent role model to young and old. He possess all the qualities to be awarded the Paolo Busti Cultural Foundations 2019 “Outstanding Italian American.”

To read about this year's eight scholarship candidates, click here.

Here's the lineup for this year's Jackson Square Concert Series in Downtown Batavia.

Free, live music performances will be from 7 to 9 p.m. on Fridays in Jackson Square, located between Center and Jackson streets.

June 21 -- Genesee Ted (classic rock)

June 28 -- Skycats (classic rock party)

July 5 -- It's My Party ('60s music)

July 7 -- The Ramble (music festival)

July 12 -- Old Hippies (acoustic & orginal)

July 19 -- Red Creek (party rock)

July 26 -- Mitty & The Followers (Motown)

Aug. 2 -- OHMS Band (classic rock)

Aug. 9 -- Ghost Riders (hardcore country)

The free concert series, brought to you by the Downtown Batavia Business Improvement District (BID), is made possible by these sponsors:

• M&T Bank
• Erdman Anthony
• Turnbull Inc. Heating & Air Conditioning
• T.F. Brown's Restaurant
• Tompkins Bank of Castile/Insurance Agencies/Financial Advisors
• Western NY Concrete
• Dan's Tire & Auto
• L&L Transmissions Inc.

Press release:

East Bethany – Join the Genesee County Parks along with the Oakfield-Alabama Lions Club and try out fishing at DeWitt Recreation Area from 10 a.m. to 1 p.m. on Saturday, June 29th.

Kids up to age 16 can join the fun and get the chance to win a prize with the Kendra Haacke Memorial Fishing Derby, sponsored by the Oakfield-Alabama Lions Club. Prize includes fishing gear donated by Cabela’s of Cheektowaga.

No fishing license required, this is part of the NYSDEC’s Free Fishing Weekend. Perfect for beginners!

Program meets at Pavilion 3. Friendly guides will be on hand to assist you.

Fishing gear provided or bring your own. Bait provided through a generous donation by Walmart of Batavia.

Call 585-344-1122 register or walk-ins also welcome.

For more information visit the parks' website here, or contact Shannon Lyaski at Shannon.Lyaski@co.genesee.ny.us or (585) 344-1122.

Habitat for Humanity, with new homeowner Lisa Paul-Kahn and her daughter Zahara, dedicated their 22nd home project in Genesee County. This one is on East Main Street, Batavia.

The house was donated by Susan Blackburn and Bill Baskin in the memory of a former employee, Jayson Dersham, who died in an automobile accident in February 2017.

Commonly Asked Workers’ Compensation Questions:
Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

A local citizen came to the aid of a Batavia police officer who was attempting to apprehend a criminal suspect when the suspect pulled a handgun -- it turned out to be a BB gun -- from his pocket during the struggle.

The citizen stepped on the suspect's wrist causing him to drop the gun.

Brandon Fogg, 32, of Liberty Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal possession of a weapon, 4th, obstructing governmental administration, and trespass.

He was arraigned in City Court and ordered held without bail.

The incident began as a trespass complaint at 11:22 p.m., Tuesday, at a location on Ellicott Street.

Fogg was reportedly at a residence banging on the door against the complainant's wishes. 

Before patrols arrived, Fogg left the property. 

Officer Darryle Streeter observed Fogg in a passenger vehicle that was being driven with an illegal tire on it. 

Streeter initiated a traffic stop on Cedar Street near Ellicott Street. 

According to police, Fogg opened the car door and attempted to flee.

Streeter was able to grab Fogg and take him to the ground. Fogg allegedly fought with Streeter and during the struggle removed from his pocket what appeared to be a handgun.

At that point, an employee of a local business intervened and stepped on Fogg's wrist. When Fogg dropped the gun, Streeter was able to take him into custody.

Batavia PD did not release the name of the citizen at this time because the department has not obtained the citizen's permission to release it.