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Activists announce 'Knock Every Door' campaign in Batavia to talk politics

By Howard B. Owens

Press release:

On Saturday, April 1, Sister District for Western New York (SDWNY) will bring the national Knock Every Door (KED) campaign to Batavia. According to Tom White, SDWNY captain, “we want to have real conversations, listen to voters and non-voters alike, and learn how people feel about the past and upcoming election."

The Knock Every Door organization believes that both political parties, along with the media, need to hear what voters all across the country are saying about the challenges they face, understand whether policies meant to help people are truly improving their daily lives and what people want from their elected leaders.

The Batavia organizers emphasize that they are not collecting information on any political party’s behalf, and they hope public-spirited Batavians will be willing to have a talk when their doorbell rings next Saturday.

You can learn more on the KED website https//knockeverydoor.org, or the SDWNY event page: https://www.facebook.com/events/1776864832641664/

Sponsored Post: Genesee County Visitor Center Volunteers needed

By Lisa Ace

The Genesee County Chamber of Commerce’s new Visitor Center will operate with extended hours beginning Friday, May 26th, in time for Memorial Day weekend - the “unofficial” start of the travel season. The Visitor Center volunteer opportunity is open to any Genesee County resident or civic organization that would like to welcome our visitors, provide directions or suggestions on places to visit or great places to eat. Volunteer shifts are 2 ½ hours long and can be done on a weekly, biweekly or as needed basis. For more information – please stop by the Visitor Center at 8276 Park Road, or give Lauren Humphrey a call at 585-344-4152. 

Law and Order: Warrant suspect accused of fighting with police

By Howard B. Owens

Nikayla Cheyenne Lee Jackson, 19, of Slusser Road, Batavia, is charged with resisting arrest and disorderly conduct. Jackson was located outside of Walmart at 12:42 p.m. Monday by Trooper Brian Pritchett and Sgt. Ron Meides. She was wanted on a City Court warrant so the officers attempted to take her into custody. Jackson allegedly became abusive and disorderly and physically struggled with officers and did not comply with commands. Once restrained and placed in the back seat of a patrol vehicle, she allegedly kicked the rear passenger door and plexiglass cage. She then reportedly used her forehead to strike the cage several times. The cage was not damaged. She was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Charles S. Ganoung IV, 33, of Transit Road, Elba, is charged with two counts of criminal possession of a weapon, 3rd. During an investigation of an unrelated incident by Deputy Howard O. Wilson, Ganoung was allegedly found in possession of an unregistered assault weapon with a high-capacity magazine. Following arraignment, he was released under supervision of Genesee Justice.

Samuel Gene Coughlin Jr., 21, of Pratt Road, Batavia, is charged with criminal possession of marijuana, 4th, speed exceeding 55 mph, and driving on a suspended registration. Coughlin was stopped at 10:06 p.m. on Main Road, Pembroke, by Deputy Kevin Forsyth. He was allegedly found in possession of more than two ounces of marijuana.

Carl M. Vander, 22, formerly of Lake Street, Le Roy, is charged with burglary, 3rd, and criminal mischief, 4th. William J. Hixenbaugh, 27, of Lake Street,  Le Roy, is charged with burglary, 2nd, petit larceny, and criminal mischief, 4th. Vander, who is currently an inmate in the Wyoming County Jail on unrelated charges, and Hixenbaugh were arrested by Le Roy PD following a six-month investigation into a forced-entry burglary to a tenant room on Lake Street. A television and mobile phone were stolen and later recovered. Hixenbaugh was jailed on $5,000 bail.

Immigration supporters rally at detention facility in Batavia

By Howard B. Owens

Immigration rights supporters were at the Buffalo Federal Detention Facility in Batavia this morning to protest the detention of José Coyote Pérez, an immigrant who had been cleared to work in the United States but has been held in detention since Feb. 24 without explanation, according to his supporters.

The Worker Justice Center of NY released the following statement from Pérez:

“Last September a judge administratively closed my case, and I had so much hope to finally be a part of the community – I had a work permit, I was about to get my driver’s license, I was part of the community and represented my colleagues and I felt free finally, after living in fear for so long. People know me, I speak up, I am not hiding, and when they called me to go in and sign I went, I didn’t hide. It is so upsetting what is happening to immigrants. I’ve been here in jail for more than a month, without the chance to see a judge, and I don’t know why, not even my lawyer knows why. I have gotten phone calls, visits (from) the organizations I am a member of and even the students at Geneseo, too. This is what keeps me strong, the people who are fighting for me and helping me.” 

Pérez had been working in the United States for 15 years and has three children, all U.S. citizens. He's active with the Worker Justice Center in support of farm labor and immigrant rights.

Pastor Chava Reddonet, speaking in the top photo, said she came out to the protest today because she feels farmworkers are not treated fairly and now face new challenges with seemingly increased immigration enforcement.

She said farmworkers work harder than she can imagine.

"They do this day after day so they can send money home to their families and help them all to survive and then we punish them for being here," Reddonet said.

Jaqueline Travis, from the Syracuse area (second photo), came to the United States from Bolivia in 1997. She said she is proud of the farm work she and her fellow immigrants do. 

"I enjoy apples and my daughter loves cheese and yogurt and my husband loves milk in his coffee and we really do have great products," she said. "It’s a shame — (how) we are treating (farmworkers), these are my brothers and sisters, just like you are, and we are putting all of that aside ... These are the people who are making so much money for these farmers and I can’t make sense (of it). It makes me so sad that we can treat people like this and we can be OK with that and as a society we don’t even want to think about it. When you mention things like this, people get uncomfortable. 

She said people need to know what's going on.

"If this is what makes America great, then, I am sad and I’m so afraid for our farmworkers and everybody who brings food to our table," she said.

Sponsored Post: Dolce Panepinto - working tirelessly to protect the rights of injured workers

By Lisa Ace

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. Below are some previous litigation highlights: 

  • A $1.275 million settlement was reached during trial for a plasterer/drywall finisher who was injured while working inside of a building. Our client suffered serious injuries to his back, neck, knee, and wrist as a result of a fall down a wet staircase, a condition that had been created by the building owner. 
  • A $1.25 million settlement was reached on behalf of a satellite dish Installer who suffered a herniated disc in his back. Our client was performing an installation when icy conditions at his work site caused him to fall. 
  • A $1.2 million verdict was reached on behalf of a Laborers’ Local 210 laborer who suffered serious shoulder and neck injuries as a result of a fall at a job site. Our client was performing renovation work in an existing structure when the ceiling collapsed onto him, knocking him off his ladder and down onto the ground below. 
  • A $950,000 settlement was reach on behalf of a roofer who suffered back, shoulder and knee injuries. Our client was removing an existing roof from a commercial structure when it collapsed beneath him sending him crashing through to the concrete below.

For further question regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Law and Order: 62-year-old man charged with drug possession

By Howard B. Owens

Robert E. Merritt, 62, of East Main Street, Batavia, is charged with: two counts of criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; and controlled substance not in original container. Merritt was arrested following a complaint at 6:23 a.m. of an incident on Hutchins Place. He was jailed on $1,000 bail or $2,000 bond. 

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny and burglary, 3rd. The youth is accused of entering Speedway after being previously barred from the store and stealing merchandise.

Kelli E. Wallace, 54, of Swan Street, Batavia, is charged with petit larceny. Wallace was arrested on a warrant stemming from an alleged theft at Kwik Fill on Ellicott and Jackson streets.

Nikayla C. Jackson, 19, no permanent address, was arrested on a warrant for alleged failure to appear in City Court. She was jailed on $5,000 bail or $10,000 bond.

Eric J. McGill, 33, of Porter Avenue, Batavia, is charged with harassment, 2nd. McGill is accused of threatening a neighbor. 

Gregory A. Burgess, 24, of Bowen Road, Attica, is charged with harassment, 2nd. Burgess is accused of grabbing another person during an argument.

Alex Isaac, 27, of East 83rd Street, Brooklyn, is charged with criminal contempt, 2nd. Isaac allegedly sent text messages to a protected party in violation of a court order.

Amar S.M. Zainelabdin, 29, of Affinity Lane, Buffalo, is charged with unlawful possession of marijuana, no headlights and suspended registration. Zainelabdin was stopped on Ellicott Street at 9:02 p.m. Friday by Officer Arick Perkins.

Sean M. Madigan, 31, of Collegeview Drive, Batavia, was arrested on a warrant for alleged failure to appear. Madigan was arrested following an anonymous tip on his location. He was jailed on $500 bail.

Tammy Marie O'Shea, 45, of Main Road, Stafford, is charged with criminal trespass, 3rd. O'Shea is accused of trespassing at an apartment complex on Main Road, Stafford, at 2 p.m. on Jan. 22.

Shana Lee Sullivan, 25, of Griswold Road, Stafford, is charged with unlawful possession of marijuana. Sullivan was charged following a traffic stop at 9:48 p.m. Tuesday on Griswold Road, Stafford, by Deputy Brian Thompson.

Friedman plans to pursue case against child molester who had conviction on four counts thrown out

By Howard B. Owens

If necessary, District Attorney Lawrence Friedman will seek new grand jury indictments against a former Batavia resident who had his Genesee County convictions on sexual molestation charges thrown out by an appeals court.

In July 2014, after a jury trial, Sean A. Vickers, 47, was convicted of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

The appellate division of the Fourth Judicial Department threw out the first four convictions but left the 10th count of the amended indictment stand and ruled that the seven-year sentence imposed on that count was not unduly harsh.

The court ruled that because Vickers was originally indicted on counts of course of sexual conduct against a child and sexual predatory assault, those were the charges he should have been tried on, even though he consented to the amended indictment.

The court ruled a defendant cannot waive his right to be tried on the original indictment, citing prior case law.

The defendant has a "fundamental and nonwaivable right to be tried only on the crimes charged," the court said, citing the prior case, People v. Graves.  

"An indictment may not be amended in any respect which changes the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed it," the court said.

Then County Court Judge Robert Noonan sentenced Victors more than 100 years in state prison, a sentence that was later reduced by statute to 50 years.

The sentence was to be served concurrently with the 20 years Vickers received in Niagara County, so even though these four convictions were thrown out, Vickers remains in state prison.

At his sentencing, Friedman said he couldn't recall a child molestation case that was more disturbing. 

"This case is the worst one I've ever had," Friedman said. "I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

Today, Friedman said he will seek permission to appeal this ruling, but if he can't, or the people don't prevail on appeal, he isn't done prosecuting Vickers.

"Ultimately, if needed, we will go before a grand jury with our four victims," Friedman said.

A concert brass lovers will love at Batavia Downs

By Howard B. Owens

This Saturday, music lovers who love brass can get an earful at Batavia Downs as five brass bands will perform in the Paddock Room.

The bands are Mighty St. Joe's Alumni Drum & Bugle Corps, Niagara Memorial Militaires Alumni Drum Corps, St. Joe's of Batavia Brass Ensemble, Parkside Brass, and Darkside of Parkside.

Food and beverages available during the performances.

Tickets are $15, which includes lunch and $10 in free play at Batavia Downs.

The show starts at 1 p.m.

Photo, Frank Panepento with his horn, on the right, Frank Cecere, T.J. Noce, assistant group sales manager for Batavia Downs, Mary Bucceri, group sales manager, and Harold McJury.

Kiwanis host annual spaghetti dinner this Sunday

By Howard B. Owens

The Kiwanis Club of Batavia hosts its annual spaghetti and meatball dinner from noon to 3 p.m., Sunday, at the YWCA, 301 North St., Batavia.

Tickets are $6 per person.

Photo: Kiwanis members Matt Landers, Jocelyn Sikorski, Peter Guppenberger and Anne Bezon.

St. Joe's kids get treat-filled eggs ready for community Easter egg hunt

By Howard B. Owens

The Great Easter Egg Hunt, sponsored by the Kiwanis Club of Batavia, starts exactly at 9 a.m., April 15.

Yesterday, students at St. Joe's stuffed about 4,000 eggs with treats for the Easter Bunny to hide that morning. The Easter Bunny then paid a visit to the school.

Picnic in the Park organizers ask City Council to provide more funding to help hold event this year

By Howard B. Owens

With only one dissenting vote, the Batavia City Council last night agreed to take up the issue at its next meeting of providing $4,000 to GO ART! to help fund the July 4 Picnic in the Park.

The GO ART! Board almost didn't approve hosting the annual event in Centennial Park because of financial concerns. 

There was a time when the city provided GO ART! with $5,000 in annual funding. That assistance has been cut back to $2,500. This year, the county cut its funding to the arts council by 10 percent. Local donations continue to be hard to generate.

"We have a small number of businesses that support everything in our community and we tap them a lot," GO ART! Director Jennifer Gray told the council last night during a short presentation about the need for the assistance.

GO ART! was all set to drop the event when Michelle Crier came forward and offered to chair the event committee in an effort to keep it going at least one more year.

Gray said Picnic in the Park has never been a moneymaker, but it's at least broken even some years.

It costs $12,000 to host.

Council members had some questions about where the money was going to come from, with Al McGinnis raising a question about funds being transferred from the former Vibrant Batavia account. He said he thought that account was rolled back into the general fund. 

City Manager Jason Molino said that money remained earmarked, with approval of the council, for neighborhood projects and Picnic in the Park fit that criteria.

Gray, Crier and council members all mentioned how the community has lost some significant events in recent years, such as Summer in the City, the St. Joe's Lawn Fete, the Elba Onion Festival, and the Stafford Carnival.

Councilman John Canale noted that without Summer in the City and the Lawn Fete to support, the city was saving some money on those events.

"If we can look at some savings where events have been canceled, we can also apply some of those dollars towards the arts council," Canale said.

The council will vote on a resolution to approve the funding at its next business meeting, April 10. Councilwoman Rose Mary Christian voted no on the motion to consider the resolution at the business meeting.

Canale said he was a supporter of the arts -- he's a musician himself -- but in looking out for his constituents, he had to ask why the arts council was running into difficulty funding Picnic in the Park this year.

Gray said it's always been a struggle. The event was saved last year by a donation from the Red Osier restaurant in Stafford. 

Councilwoman Patti Pacino said another way of looking at it is that Gray is bringing more fiscal discipline to the arts council.

"A lot of the difference is we now have Jennifer Gray running this and she’s a businesswoman and she’s saying, ‘wait a minute, we can’t go in the drain every single year over Picnic in the Park,' " Pacino said.

Crier said she stepped up and volunteered to chair the picnic committee because she thinks it's an important community event, especially in light of other traditional events coming to an end.

"My husband and I moved here in 2000 from Buffalo," she said. "We raised our child in this community and I can’t image raising them anywhere else. Being in Batavia with the activities and the sense of community, you don't find that anywhere, especially on the west side of Buffalo. It’s a safe and beautiful community and it’s because of these events, because that’s where we see our neighbors, see our community."

Also at Monday's meeting:

  • Council considered an application from a group planning a rally at 8:15 a.m., April 8, on East Main Street, on the north side of the street near Clinton Street. The rally will protest Congressman Chris Collins. Councilman Bob Bialkowski raised concerns about whether the group would be trespassing on private property -- the Aldi's parking lot -- and City Manager Jason Molino said that was between the property owner and the rally organizers. He also said that technically, the organizers didn't need to apply for a permit. So long as the sidewalk or traffic isn't blocked, it's a permissible activity.  
  • Three people spoke against a proposed 80-unit apartment complex proposed for East Main Street that DePaul Community Services would like to build. The apartments would target veterans and their families as residents. A zoning change would be required and the property would become nonprofit owned. Councilman Al McGinnis shared the speakers' concerns about the project and objected to his conception that DePaul was looking to profit off of veterans, and that as a veteran he believed veterans wanted to live in houses and be part of the community. Apartments, he said, change the nature of the community. "This is a city of families," McGinnis told WBTA after the meeting. "Families are close-knit. Families live in houses. They become neighborhoods. I honestly think that too many apartments make for too many transients."
  • The City Council agreed to vote on a resolution at its business meeting to declare four submachine guns in the Police Department as surplus so they can be traded for rifles that Police Chief Shawn Heubusch said better meet the department's strategic needs.
  • The council also agreed to vote on a resolution at its next meeting to authorize spending $5,000 on a property appraisal on the former Wiard Plow Factory site on Swan Street. A city-appointed committee had recommended the site last fall as the best location for a new police headquarters, but property owner Tom Mancuso initially said he had other plans for the property. Just before the end of the year, he agreed to discuss a sale of the property to the city. The first step is getting an appraisal to determine fair market value, Molino said. If the owner was willing to sell at that price, the city would then need to complete an environmental review and title search before entering into a cost-analysis phase. With those details completed, the council then could consider whether to move foward with the project and complete the land purchase.

Accident with injuries reported on East Main Street, Batavia

By Howard B. Owens

An accident with injuries is reported in the area of 430 E. Main St., Batavia.

A person is reportedly in and out of consciousness.

Fluids have spilled.

City fire and Mercy EMS responding.

UPDATE 10:20 a.m.: Four vehicles involved. An eastbound SUV drifted out of its lane of travel toward the south sidewalk, sideswiped a parked car, clipping its left rearview mirror, then plowed into the back of a parked SUV, pushing that vehicle into a parked sedan ahead of it. The driver may have suffered a medical issue. He was transported to UMMC.

UPDATED: Burglary alarm sounding in HLOM gift shop

By Billie Owens

Batavia police are responding to the Holland Land Office Museum on Main Street for a reported burglary alarm sounding in the gift shop. It is located at 131 W. Main St.

UPDATED March 28: Ryan Duffy, director at the Holland Land Office Museum, says "this was a false alarm and that everything at the museum is safe and that nothing is wrong."

Law and Order: Oakfield man charged with DWI after second traffic stop Lockport

By Howard B. Owens

Christopher M. Oliveras, 25, of Lockport Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs, unlawful possession of marijuana, failure to obey traffic control devices, and tinted windows. Oliveras was arrested in the City of Tonawanda by Tonawanda PD, at 1:30 a.m., Sunday. Earlier, he was stopped for allegedly driving the wrong way down a one-way street. At that time he was told to park the vehicle. Later in the evening, officers stopped the vehicle again and Oliveras was found to be the driver. Oliveras reportedly told officers, "I did park for a little while." He also reportedly said, "I was drinking Budweisers and smoking marijuana." A container of marijuana was allegedly found in the center console. He allegedly blew a BAC of .10. Bail was set at $250.

Rebecca Ann Edwards, 23, of Kibbe Avenue, Batavia, is charged with grand larceny, 3rd. Edwards is accused of stealing property with a value in excess of $3,000 from the 48 Deli Express in Batavia.

Sponsored Post: Think Spring and visit the Home Show March 31st - April 2

By Lisa Ace

It’s been a long cold winter and now it’s time to “think spring.” And there’s no way better way to beat those long winter blues than by attending the second annual Genesee County Chamber of Commerce Home Show. The Home Show will be held at Falleti Ice Arena in Batavia Friday through Sunday, March 31st - April 2nd.

 

Here’s your chance to talk face to face with more than 60 area businesses attending this year’s Home Show for help with your home ideas and projects. And while you’re there, make sure you register for a chance to win a $500 gift certificate from the Home Show vendor business of your choice. The winner will be drawn at the conclusion of the Home Show and you do not need to be present to win.

 

The Genesee County Chamber of Commerce Home Show will be open Friday, March 31 from 5 p.m. to 9 p.m., Saturday, April 1 from 10 a.m. to 5 p.m. and Sunday, April 2 from 10 a.m. to 3 p.m. And if you’re hungry, the concessions are being run by Alex’s Place, so you know the food will be excellent!

 

Admission is only $3 per person and children 12 and under are free when accompanied by an adult. Parking is free at the Falleti Ice Arena. Coupons good for $1 off all admissions are available at the Genesee County Chamber of Commerce office, 210 E. Main St., Batavia, or at any of the participating businesses.

 

For a complete list of participating businesses go to www.geneseeny.com/homeshow. For more information, call the Chamber office at 343-7440.

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