The driver behind the wheel of a minivan that struck a utility pole Wednesday afternoon on Law Street, causing a significant power surge in the area, has not been located yet.

Sgt. Mitch Cowen said Thursday morning that police are pretty confident they know who the driver was, that he's not from the area and that the vehicle was not stolen.

Cowen said police are looking for him in order to question him about the accident.

Witnesses saw the man running from the accident and provided a description to police.  A K-9 was deployed shortly after the accident in an attempt to find his trail, but that effort failed to find the driver.

At least 287 homes in the area of Chestnut Street, South Jackson, and to both the north and south of those streets, lost power.  The power surge caused electric meters on the outside of dozens of homes to blow out, with some of those houses displaying visible black char marks around the meters. 

National Grid crews worked through Thanksgiving morning restoring power.  The pole and main power line to the area were in working order by 10 or 11 p.m. on Wednesday night after crews worked to restore power to each house one at a time.  The meters on all 287 homes were replaced.  For residents who were not home last night, crews returned Thursday morning to locate them and complete the work (power at the breaker box needed to be turned off before the meter was replaced).

"When high voltage lines are negatively impacted, as they were last night, it can create an unsafe condition for residences," said David Bertola, a spokesman for National Grid. "The pulling, checking and replacing of electric meters is a standard safety procedure that our crews perform under circumstances such as these."

A worker last night recommended residents check all surge protectors. He said residents would know right away if the surge protector was blown.  If they were off before power was restored, when turned back on, if blown, they will spark and smoke. If already plugged in, they may no longer work.  Some may work but should have a light to indicate they no longer provide surge protection.

Each surge protector is rated differently. Some surge protectors can handle larger bursts of energy but can never exceed their rated capacity, and the capacity is cumulative. As HowToGeek.com notes, if a surge protector is rated for 1,000 joules of energy and it gets one joule at a time over a period of time, it will need to be replaced after 1,000 incidents.  If a highly rated surge protector takes a major power surge, it may still function but it may also be near the end of its life span.

Replacing all surge protectors after a major power event is often recommended by experts.

The Batavian spoke to an electrician today who recommended checking all appliances.  Anything receiving an active electrical current at the time of Wednesday's surge could be toast, or close to it.

At least one resident in the area is without heat after the power surge damaged the circuitry of the forced air heater.

A National Grid crew member advised residents who suffered an economic loss as a result of the power surge to file a claim with National Grid.

Bertola said customers with claims can email National Grid at ClaimsDept@nationalgrid.com or by calling (315) 428-6536.

A law enforcement source said that typically, National Grid attempts to recover damages from the driver's insurance company -- and it appears this driver was insured -- when an accident damages a utility pole.

The damages, in this case, could include the pole and all of the subsequent residential repair work and any damages sustained by residents.

The Kiwanis Club of Batavia today hosted its annual Thanksgiving Day Free Skate at the David M. McCarthy Memorial Ice Arena in Batavia. 

Photos by Philip Casper.

Byron and South Byron are on scene of a house fire at 6451 Cockram Road, Byron.

The fire was at the back of the residence and reported knocked down at this time.

The call began with a report of heavy smoke in the basement.

Bergen Fire on standby in its hall.

UPDATE 8:53 a.m.: The fire is out. National Grid requested the scene. A code enforcement officer requested to the scene. The house may be uninhabitable.

An accident that occurred around 3:45 p.m. Wednesday involved one vehicle that hit and wrapped around a utility pole on Law Street, betwen Chestnut and Walnut streets in Batavia.

Before emergency responders arrived on scene, the driver fled the scene. Someone provided a description of the driver to law enforcement, and a K9 search has proceeded on Ganson Avenue heading east.

There are reports of power being out at the courthouse and in the Jackson Street area. Firefighters have been told that numerous electric meters blew out on Jackson Street.

UPDATE 4:30 p.m. (by Howard Owens): National Grid reports 287 customers without power in the Chestnut and Jackson Streat area.  Power crews are on scene and beginning work.  National Grid estimates restoring power by 5:30 p.m.

UPDATE 6 p.m.: National Grid now estimates power restored at 11:30 p.m

Photos by Howard Owens.

Genesee County's unemployment rate hit what could be an all-time low in October at 2.1 percent.

Available records go back to 1990, and the 2.1 rate is the lowest of any month since 1990.

The Department of Labor reports 600 people in Genesee County are part of the labor force but without jobs.  The total labor force is 29,800 people in the county. That's up from 29,200 in October 2021, though in September, Genesee County's labor force was 30,300, when there were 800 people looking for work, and the unemployment rate was 2.5 percent.

New York's unemployment rate is 3.6 percent, down from 5.3 percent a year ago. The nation's rate is 3.4 percent, down from 4.3 percent a year ago.

The Buffalo area rate is 2.7 percent, and the greater Rochester area is 2.5 percent.

PRESS RELEASE

The City of Batavia Water Department is repairing a water main break on Richmond Ave, between Vernon Ave and Union St.

The length of time the water will be off is unknown.

Traffic may be closed on Richmond Ave, between Vernon Ave and Union St while the repairs are being made.  Please use an alternate route.

As always, when the water is restored it may be discolored.  Please refrain from doing any laundry until the water runs clear.

We apologize for any inconvenience and the public’s patience is greatly appreciated.

Press release:

Local author, Scott Wakefield, joins UGH! Entertainment’s creative team as they launch the debut of their epic, years-in-the-making science-fiction comic book tale, The Ku-Mighty, now on Zoop Collective for pre-order.

The Ku-Mighty is a deeply-developed story world co-created by acclaimed Starlight Runner Entertainment that taps into our Earth's mythology, legends, and secret societies, and turns them all upside down. Several species and god-like entities populate a planet much like Earth and share a common lineage to be revealed as the story unfolds.

Scott was asked to provide creative feedback and story editing for their first comic, and will take on a writing role as the story world grows.

“The Ku-Mighty world is sprawling,” says Scott, “with deeply developed characters, and huge stakes on the line, which will give readers an immersive, thrilling story. Without spoiling too much, my writing will focus on a seafaring storyline – which I’m in love with – and will also include developing portions of the book from the antagonists’ point of view. I’m excited to see how it all grows and winds back together.”

This first issue will introduce readers to the Mythical-like Anthro species, their world, their plight and the omen of war, obliteration, and sacrifice.

Issue #1, Rise of the Righteous, starts with a dangerous relic-hunting expedition led by a Sage-Warrior named Pan-Ku, who, along with his band of “Collectors,” have dedicated themselves to unraveling a deep mystery.

Scott Wakefield joins story creators Scott and Todd Housel, both United States Navy veterans,  who collaborated with storytellers Fabian Nicieza, Jeff Gomez, Richard Garfield, and many others to bring this story to life.

To order your inaugural copy of The Ku-Mighty, and get exclusive content, go to: https://zoop.gg/c/ku-mighty

Press release:

Plans are already underway for the 19th Annual Celebrate Agriculture Dinner, which will take place Saturday, March 25, 2023, at 6 pm at the Alexander Fire Hall. This annual event is a celebration of Genesee County’s #1 Industry, Agriculture! The highlight of the night is a delicious meal using locally produced foods prepared by the Culinary Arts Students from the Batavia Career and Technical Education Center. Led by Chef Tracy Burgio and Denise Kaus, Culinary Arts teacher aide, this will be the second year of this collaboration between the Chamber’s Agricultural Committee and the Genesee Valley BOCES Culinary Arts Program. The dinner is open to the public.

Tickets go on sale December 5th at the Genesee County Chamber of Commerce, 8276 Park Road, Batavia. Tickets are $30 each or a table of 10 can be purchased for $275. Sponsorships are also available, which help support agriculture educational events in Genesee County. Only 400 tickets will be sold. For more information or to download the registrations flyer, visit the Chamber’s Website www.geneseeny.com.

The Celebrate Ag Dinner is coordinated by the following partners: Genesee County Chamber of Commerce, Cornell Cooperative Extension of Genesee County, Genesee County Soil & Water Conservation District and Genesee County Farm Bureau.

Sponsors of the 2022 celebration included: Alleghany Farm Services, Arctic Refrigeration, Baskin Livestock, Inc., Carolina Eastern Crocker, CPL, New York State Senator Edward Rath, Farm Credit East, Farm Family Insurance, Fieldstone Private Wealth, Five Star Bank, Freed Maxick CPA, Growmark-FS, L&M Specialty Fabrications, LLC, Lamb Farms, Lawley, My-T Acres, National Grid, OXBO International, Perry Veterinary Clinic, Scott Adams Trucking, Tompkins Community Bank, Torrey Farms, Western New York Energy, LLC, Upstate Niagara Cooperative, Inc. William Kent, Inc. and Windy Acres Farm.

Farms and businesses that donated locally grown food for the 2022 dinner included: Angry Bees Apiary, Dorman Farms, Fenton’s Produce, SJ Starowitz Farms, Torrey Farms, Upstate Farms, Harrington Produce, Farm Fresh First Inc. Star of the West, Jeremy Neal Poverty Hill Farms.

For ticket information or questions, contact the Kelly B. at The Genesee County Chamber of Commerce, at (585) 343-7440 or kbermingham@geneseeny.com. 

The ex-wife of David Bellavia, former Batavia resident and a Medal of Honor recipient, has filed a Federal lawsuit against the Orleans County Sheriff's Office alleging a violation of her civil rights for an arrest on a harassment charge in January 2021.

David Bellavia is named as a co-defendant in the suit. The suit was filed on Nov. 4.

The suit contains numerous accusations made by Batavia resident Deanna Marlene Bellavia, known professionally as Deanna King, against Bellavia as part of a contentious divorce proceeding that preceded her arrest by Corey Black, who is also named in the suit.

The suit states that King was informed there was an arrest warrant for her in Orleans County. At first, she thought it was a prank. To confirm it was real, she contacted a family member in a command position at the Genesee County Sheriff's Office, He confirmed there was indeed a warrant for her arrest.  She made arrangements for the family member, not identified by name in the suit, to be with her in Orleans County when she turned herself in.

Corey Black is identified as a former sheriff's deputy and an investigator for the Orleans County District Attorney's Office. It states Black was not a deputy at the time of King's arrest and states he confronted her with evidence that consisted of a screenshot of David Bellavia's phone log documenting a call from one of the sons of the couple regarding health insurance coverage. There was also a message on an app encouraging David Bellavia to be vaccinated against COVID-19 before visiting his children.  The suit states David Bellavia had traveled nationally during the pandemic on speaking engagements and expressed concern for the safety of the children.

The suit states that when King expressed disbelief, "Black cryptically and rather threateningly responded, 'There's more to it than that, but David didn't want to pursue it.'" 

The suit claims that Black -- whom the suit also claims is a "right-wing political activist" --  then "confirmed" that he and Bellavia were good friends.

The suit alleges that Black arrested King without probable cause and that an unnamed deputy assisted in her arrest and that Black was acting outside the law as a personal or political favor to Bellavia.

Sheriff Christopher M. Bourke said his office did not arrest King.

District Attorney Joseph V. Cardone said he knew nothing of the suit and said that investigators in his office make arrests on a daily basis.  He did not specifically confirm that Black arrested King.

Cardone's office is a co-defendant in the suit. Cardone said he could not comment on the suit. He said he has not been served and had not read the complaint. 

"I’m unclear as to what she is claiming," he said.

Black has not returned a call from The Batavian requesting comment.

The court clerk for the Town of Ridgeway said there is no court record of an arrest of King.

King told The Batavian she could not comment on the case and referred The Batavian to her attorney Nate McMurray. The Batavian left a message for McMurray to clarify the status of her arrest. He has not returned the call.

If the case is resolved, it's possible the file has been sealed, compelling the court clerk to deny it exists.

Bellavia referred a request for comment on the suit to his attorney, Joan Adams, of Williamsville. Adams has not responded to a message from The Batavian left with her assistant.

The defendants are accused in the lawsuit of denying King her rights of due process and equal protection under the law. It doesn't specify how much the defendants should pay in damages.

The suit identifies Bellavia as a "political provocateur and radio host" who ran for Congress, has publicly engaged in conspiracies and aligned himself with Donald Trump, Michael Caputo (a former consultant to Trump who briefly served in his administration), and Carl Paladino (a Buffalo developer who has run for governor and Congress).

While the suit describes loving moments and support following Bellavia's and King's marriage in 1999, it also accuses Bellavia of being aggressive and abusive. It specifies several abusive comments allegedly made by Bellavia to King and their three children.

It also claims that Bellavia frequently threatened King with violence, though it does not specify any actual violent action against King. 

David Bellavia was awarded the Medal of Honor in the White House by then-President Donald Trump in July 2019.  Bellavia is the only living member of the armed forces who fought in Iraq to receive the Medal of Honor.  The award was presented for his actions on Nov. 10, 2004, in Fallujah when Bellavia engaged multiple insurgents in an unlit house at night, killing four insurgents and wounding a fifth.

Divorce proceedings began in 2019.

In his new book, "Remember the Ramrods: An Army Brotherhood in War and Peace," Bellavia discusses the awkwardness of going through with the ceremony with his family at a time when he was already alienated from his wife.

"Their mother had insisted she come along to D.C., despite our impending divorce," he writes. "If I hadn’t agreed, the kids would not be allowed to come with me, so I had no real choice on this. The discomfort of two estranged people looking at a weekend together in Washington, D.C., under a microscope of media attention, was something the DoD tried to prepare me for, but until I was living it in the moment, I don’t think either of us understood what this would mean."

The arrest in 2021, the suit alleges, was carried out "to discredit, humiliate" King during the divorce proceedings.

The suit alleges that King did not get fair treatment in divorce proceedings because the presiding judge was Charles Zambito, who had made political contributions to Bellavia. Zambito was not on the bench at the time Bellavia was a candidate for Congress.

"Repeatedly," the suit states, "throughout the course of the divorce proceedings, Judge Zambito ignored evidence of domestic abuse and extreme harassment by Defendant Bellavia—even attempting to pressure Plaintiff to sign a non-disclosure agreement regarding the divorce proceedings—which she refused."

The divorce was finalized in December of 2021, the suit states, and that Bellavia now lives in Florida and has "limited interaction with his children" or King.

In his new book, Bellavia discusses the disconnect he felt with his family back home.

"In this world of normalcy, the people who should have been that innermost circle of my life -- my children, my family -- were almost strangers to me," Bellavia said in the prologue. "I'd been a continent or more away from the majority of my son's young life. I barely had time to experience fatherhood before I deployed overseas. I had a family of my own, but I didn't know them. Rectifying that became the defining feature of my life for many years.

"My real family was still overseas, scattered to different units and areas of operation."

On the side of preserving his marriage while in the military, he concedes that he reached a point where he couldn't accept another overseas deployment. The end result, he wrote, would be divorce. "I wanted to save my family and serve my country. I realized I couldn't do both. I had a decision to make. The hardest of my life."

In the book, Bellavia recounts the divorces of several of the men he served with in Iraq.

"For our generation of warriors, more than the World War II guys, the complexities of a broken marriage and a byzantine, contentious divorce became part of the consequence of our service long ago," he writes. "Most of the Ramrods have gone through it, emerging with deep battle scars that challenged their ability to ever trust again. To be clear, there is no clear right or wrong in these situations. It takes two to make a marriage fail. Right or wrong isn’t the point."

Bellavia and King's attorney, McMurray, have each sought to represent Genesee County in Congress, in separate races.  Both lost to now-disgraced former representative Chris Collins, who was convicted on insider trading charges and lying to the FBI in 2019. Bellavia lost to Collins in the 2012 primary, and Collins went on to beat incumbent Kathy Hochul, who is now New York's governor. McMurray lost to Collins in 2018. He lost to Chris Jacobs in 2020.

McMurray recently represented former state senator George Maziarz in a lawsuit against Batavia Downs that was eventually dropped.

For The Batavian's prior coverage of David Bellavia, click here.

Photo: File photo by Howard Owens of David Bellavia in the White House after receiving the Medal of Honor. 

Press release:

Batavia Downs Gaming & Hotel has announced that tickets are now available for several indoor events happening in the Park Place Room this Winter.

On Thursday, Dec. 15, Batavia Downs welcomes back Marsha McWilson as she performs a Motown Christmas.  This will be The Niagara Falls Music Hall of Famer’s second Christmas Concert on-site.  Doors are at 6:30 p.m. with music beginning at 7:30 p.m.  Tickets are $15 and concert go-ers will receive $10 in Free Play.

On Thursday, Dec. 22, The Uncle Louie Variety Show will return to Batavia Downs.  The Uncle Louie Variety Show is composed of two hilarious Italian American comedians, Carlo Russo and Lou Greco. For many years, they have been making people laugh through their unique brand of comedy that brings memories of what it was like to grow up as an Italian.  Doors are at 7 p.m. with music beginning at 8:00.  Tickets are $20 for VIP tickets and $15 for regular tickets.  Ticket holders will receive $10 in Free Play.

On Friday, Feb. 3, 2023, the BBQ and Bourbon Dinner presented by Beam Suntory is back for its 2nd annual event.  This event includes a BBQ buffet dinner, talks from Beam Suntory reps, Bourbon & BBQ flights, a blind Bourbon sampling, 40+ raffles from Beam Suntory, a free hand-dipped Makers Mark glass, and $50 in Free Play with every ticket.  Tickets are $109 per person and spots are limited.  Doors open at 5:15, and the event begins at 5:30 p.m.

Tickets for these events are available now at www.BataviaConcerts.com

Hotel Packages for select events can be found on the hotel deals page at https://www.bataviadownsgaming.com/hotel-deals/

Other events scheduled for January and February at Batavia Downs include the Polka Buzz, Experience Psychic Fair, the Legends & Stars Sports Expo, and a Fundraiser for local animal shelters.   Information on these events and the Summer Concert Series will be found in the coming weeks on the Batavia Downs Facebook page.

“We are looking forward to providing even more quality events this coming winter than in years past,” said Henry Wojtaszek, President and CEO for Batavia Downs Gaming & Hotel. “The success that these events had last year shows that we are offering the types of experiences that our valued guests have come to enjoy.”

Press release:

Genesee County Sheriff’s Office and the Village of LeRoy Police Department will be participating in a coordinated effort with the STOP-DWI program this week to bring awareness to the dangers of impaired driving.

Thanksgiving is one of the busiest travel times of the year, and unfortunately, more people on the roadways means the potential for more vehicle crashes.  In a combined effort to bring awareness to the dangers of impaired driving, prevent injuries and save lives law enforcement officers across New York State and STOP-DWI programs will be participating in special engagement efforts. The statewide STOP-DWI High Visibility Engagement Campaign start on Wednesday, Nov. 23, and will end on Sunday, Nov. 27.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers.  Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

A great football season for the Oakfield-Alabama/Elba team came to an end on Monday when the Aggies lost to Randolph in the Far West Regional Championship for Class D, 42-26.

Noah Currier, Connor Scott, Bodie Hyde all scored touchdowns and Kyle Porter had a 26-yard fumble recovery for a TD, but it wasn't enough to overcome a big game for Randolph's Xander Hind, who gained 276 yards on 48 carries.  He scored five touchdowns.

Currier had 16 carries for 166 yards.

Brayden Smith led the defense with 17 tackles.   Hyde had 12 Tackles, and Aiden Warner had 13 tackles.

"Hats off to Randolph," said Aggies' Head Coach Tyler Winter. "They were a physical football team that played a style we struggled with tonight.  They stayed ahead of the chains, and we couldn't get anything rolling on either side of the ball.  I wish them the best of luck the rest of the way.  My heart hurts for these seniors that have given so much to this program.  But they're walking out the door with no regrets and a heck of a football resume.  I couldn't be more proud of them.  For the underclassmen, the quest for the three-peat is coming soon."

Photos by Kristin Smith.

The Batavia Blue Devils are the Far West Regional champions after defeating Iroquois 20-8 at Van Detta Stadium on Monday night.

Iroquois scored first with 1:27 remaining in the first quarter, but the Blue Devils went on to score three unanswered touchdowns.

Aiden Anderson scored on a 3-yard run. Ja'vin McFollins scored on a 7-yard run.  And McFollins connected with Carter McFollins on an 83-yard pass with 2:52 left in the fourth quarter.

Ja'vin McFollins was 5-6 passing for 145 yards. Anderson ran for 28 yards on 13 carries. Cole Grazioplene had three receptions for 54 yards.

Photos by Jim Burns.

Genesee County Legislature acted on a final 2023 budget proposal on Monday that won’t be exactly as county Manager Matt Landers initially promised.

There was a slight amendment made last week that will affect the tax rate, albeit slightly.

“I just received word a half hour ago that the assessments changed the tax rate by a penny,” Landers had said to the Ways & Means Committee.

Although legislators would have liked the penny difference to at least go the other way, it will increase the tax rate to $8.45. The total levy — money to be raised through property taxes —  is unchanged at $32,080,762, which reflects a 2 percent levy increase. That levy increase is within the state-mandated levy limit, or tax cap, Landers said.

How will that affect county taxpayers? The rate will be $8.45 per $1,000 assessed value versus $8.44 as initially declared. That will be a decrease of 73 cents per $1,000 assessed property value compared to the current rate of $9.18. To determine your total tax rate, multiply the property value in 1,000 increments (for example, 90 for a $90,000 home) by the tax rate.

Because property assessments have increased for many folks, it’s not a fair comparison to use a typical assessment by each the former and current tax rate for the difference in tax payments from this year. So if your property value was increased, you may not see a decreased total due to that larger number multiplied by the lower tax rate.

For example, a home assessed at $90,000 at the current rate of $9.18 is $826.20. If that home's value has been raised to $100,000 at the lower rate of $8.45, the total will be $845.

To read prior coverage: Genesee County proposes budget with 2 percent levy increase

File photo of Genesee County Manager Matt Landers, by Joanne Beck.