Le Roy rang in the New Year with the community's annual First Night celebration, including a fireworks display.

Photos by Nicholas Serrata.

 

 

A Rochester-based attorney for David Bellavia has filed motions to dismiss and seal portions of a federal lawsuit filed against him and Orleans County alleging a conspiracy to deny Bellavia's ex-wife her constitutional rights.

Attorney Donald W. O'Brien's court filings assert that the lawsuit is deficient in proving a conspiracy and was filed in part to make disparaging remarks about Bellavia a matter of public record.

The suit was filed on Nov. 4 on behalf of Deanna Bellavia (known professionally as Deanna King) by attorney Nathan McMurray.  Plaintiffs in the suit include David Bellavia, Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Investigator Corey Black, and a Sheriff's Office employee listed as "John Doe." 

The suit alleges that Bellavia and Black conspired to arrest King without probable cause and charge her with harassment for contacting Bellavia during their divorce proceedings in 2021.

Bellavia, a former Batavia resident who is originally from Orleans County and has resided there in recent years, received the Medal of Honor in 2019 for his actions during the Battle of Fallujah during the Iraq War.

King, who lives in Batavia, is a radio and TV broadcaster in Rochester.

McMurray has previously sought to represent Genesee County and the surrounding area in Congress. Earlier this year, McMurray filed a suit on behalf of former state senator George Maziarz against Batavia Downs that was subsequently dropped.

The federal lawsuit alleges government officials, acting under the color of law, conspired with Bellavia to have King arrested in order to discredit her during divorce proceedings.  The arrest, according to the suit, violated her rights to be free of unreasonable search and seizure and equal protection under the law.

O'Brien does not dispute that Bellavia filed a complaint against King alleging violations of a court agreement that limited contact between the parties but states that such contacts with law enforcement do not constitute a conspiracy and cites specific case law to support his assertion.

"Assuming these allegations are true, there is nothing sinister in Mr. Bellavia furnishing evidence to the Municipal Defendants upon which they based the harassment charges that resulted in Plaintiff's Adjournment in Contemplation of Dismissal (ACD)," the motion states. "Mr. Bellavia does not deny that he was the complainant in the underlying criminal case (emphasis retained). However, 'it has long been held that a private party does not become a willful participant by merely invoking the assistance of the police.' DeSantis v. Town of Cheektowaga, 2020 "

In his motions, O'Brien states that McMurray, in drafting the complaint filed in Federal Court, failed to identify a specific section of the United States Code on which King's claim of conspiracy was based.

He also asserts that the plaintiff's claims of a conspiracy are "based on conclusory assertions unsupported by any factual details tending to show, or even raise an inference of, an agreement to deprive Plaintiff of her constitutional rights. Rather, the conspiracy claim against Mr. Bellavia consists entirely of vague and general allegations of a conspiracy and relies upon mere connection and speculation."

To prove a conspiracy, O'Brien asserts, the plaintiff must provide details of a time and place when the conspirators reached an agreement to deny the plaintiff of her rights.  The suit, he states, fails to present such evidence. 

O'Brien is asking the court to strike and seal several paragraphs in the lawsuit as "scandalous and prejudicial" and that the claims in those paragraphs, even if there was any merit to the conspiracy claim, have no relevance to the case.

"Paragraphs 11 through 17 and 19 through 28, however, have no bearing on the single claim against Mr. Bellavia in the Complaint," O'Brien states. "Rather, these highly prejudicial allegations appear to have been included to obtain leverage in this action and to compensate for the absence of any factual allegations to support her conspiracy claims. The truth or falsity of these challenged allegations is immaterial to Plaintiff's claim against Mr. Bellavia. If Plaintiff believes that her claim is somehow enhanced by allegations that these two parties endured a contentious divorce, then Paragraph 18 adequately makes that assertion. The remaining seventeen paragraphs, however, are irrelevant and prejudicial and should be stricken."

A footnote in the motion notes that "Mr. Bellavia is not seeking dismissal of the Plaintiff's third claim for malicious prosecution since it is not directed at him. It should be noted, however, that the Plaintiff's agreement to an Adjournment in Contemplation of Dismissal means that she cannot establish that the underlying prosecution was terminated in her favor, as she is required to do."

When King's case was dismissed in accordance with her plea agreement in the Town of Ridgeway, the court record was sealed, and the court clerk in Ridgeway has denied there even is a criminal case on file in that court.

O'Brien also asserts that a number of claims made against Bellavia in the lawsuit violate the divorce decree's confidentiality and non-disparagement clauses. 

The divorce was final on Dec. 28, 2021.

"Plaintiff and her counsel were well aware of the restrictions placed on their ability to engage in such unrestrained and harmful public disclosures," O'Brien states.

The Batavian attempted to contact McMurray today for comment and did not get a response. He did not respond when we sought comment for a prior story on the lawsuit.  It should be noted that McMurray has previously indicated he has blocked communication from The Batavian's publisher (see related item).

None of the other defendants in the case have filed responses yet. The federal docket (Pacer account required) indicates all defendants were served prior to Dec. 9.

The filing of the lawsuit against Bellavia and the other defendants coincided with the release of Bellavia's new book, "Remember the Ramrods: An Army Brotherhood in War and Peace."

On Dec. 28, Federal Judge Jeremiah J. McCarthy granted Bellavia's "motion for leave to file under seal," which allows O'Brien to file supporting documents from the divorce proceedings for the court's review while keeping the documents sealed. 

McMurray has until Jan. 13 to file a response to the motion to dismiss. A hearing has been scheduled in Federal Court on Jan. 24.

The NYS Thruway Authority has taken exception to reporting by The Batavian that the agency had no plan on Dec. 23 when it closed the portion of the I-90 going through Genesee County to route motorists away from the affected storm area.

In a Dec. 29 story about the response of the Oakfield and Alabama fire departments to rescue travelers, The Batavian reported:

The dangers of the storm were exacerbated by a Thruway Authority that shut down the I-90 with no plan to send travelers on safe routes and with Google and Apple map technology ill-equipped to warn drivers of dangerous weather conditions and send them on routes that would take them around the hazardous roads. 

In another story published that same day, we reported:

As hundreds of travelers learned on Friday, their trip on the Thruway would get abruptly cut off when a travel ban was issued and a large portion of the Thruway closed.

Jessica Mazurowski, public information officer for the Thruway cited both of these stories in an email to The Batavian on Thursday, saying she "wanted to make a few points to you about the storm."

Mazurowski wrote:

It’s unclear who is making this statement -- the paper or the County Manager. However, on Friday, when these people were traveling, and the Thruway closed, no one should’ve been traveling. Travel bans were already in effect in Erie and Genesee Counties, as well as surrounding areas. We close or issue travel bans in direct coordination with state and local entities to ensure everyone is on the same page.

All major media outlets across New York were reporting on this storm days in advance. Erie County and Genesee County both issued travel advisories on Thursday, Dec. 22 and upgraded them to travel bans on Friday, Dec. 23. The Thruway Authority announced the commercial vehicle ban on Thursday, Dec. 22 and began messaging on digital highway signs into Pennsylvania, to the Massachusetts state line and down to New York City. Messaging was also on social media, our website, and our mobile app, not just on the commercial vehicle ban but about the severity of the storm and urging motorists not to drive.   When the full vehicle ban was announced on I-90 from exit 46 to the PA state line, the messaging was on digital highway signs statewide and into PA, on social media and our website, and mobile app.

The Batavian's reporting is based on statements from multiple sources, not just County Manager Matt Landers, that the vast majority of people being rescued or seeking shelter in the homes of residents or warming shelters were from out of state and were forced off the Thruway in Genesee County with no idea of the local travel ban, the looming storm, its location, or the hazardous conditions a storm of this magnitude might manifest.

Our sources include other government officials, volunteer firefighters, tow-truck operators, residents who provided shelter, and some of the motorists themselves.

After receiving her email, The Batavian sent multiple questions to Mazurowski and received no response.

We wanted to know, If the Thruway Authority had prior knowledge of the dangers of the storm, why did it take so long to institute a travel ban?  Were travelers provided enough time to exit the Thruway before reaching the hazard zone?

Why was there no signage or traffic control at the Thruway exits to ensure travelers did not head north of the Thruway once they were in Genesee County?  Or was there signage we don't know about, and travelers just ignored it?

Our story stated the TA had no plan to deal with the unsafe conditions for travelers before dumping motorists off the I-90 onto rural roads.  We wrote to her, "Nothing in your response indicates the TA did, in fact, did have a plan in place to ensure the safety of travelers once they exited the Thruway." 

We noted to Mazurowski that it is unrealistic to expect all travelers to be aware of weather conditions, travel bans, or have familiarity with blizzards and lake effect snow (several sources told The Batavian, in fact, that many travelers had never encountered conditions such as they saw in Oakfield and Alabama on Friday and Saturday).

Motorists and passengers may not have tuned into terrestrial radio or have downloaded the appropriate apps to receive alerts. 

We asked, "Is it reasonable for the TA to assume that ALL travelers were aware of the hazards ahead?  Shouldn't it be foreseeable by the TA that some percentage of travelers will be unaware and unprepared, or engage in a blind unwillingness to listen to good advice?  Shouldn't the TA take precautions to help protect people from their own lack of knowledge and experience?"

We concluded, "So the question remains, what was the TA's plan to route travelers off the i-90 to safe locations?"

We followed up with Mazurowski on Friday and received a response that she was out of the office and to direct any questions to the general email address for the public information office.  We did. And still did not receive answers to these questions.

Ever since the Christmas weekend blizzard, there have been stories of rescues, heroism, movie-making camaraderie, generosity and trust amongst strangers.

For Susan Zeliff — who with husband Peter Jr. opened up a warming shelter during the three-day storm — there was another story in her mind that certainly captured the holiday spirit.

“I feel a lot of the thought I had was, it has a lot of similarities to the Mary and Joseph story,” Zeliff said Friday. “Here are these people seeking refuge, to find a place to sleep.That scenario crossed my mind a lot.”

Mary and husband Joseph, arguably one of the most well-known stories in the Bible (first chapter of Matthew), could not find shelter on their journey, and ended up finding a manger for rest. Hundreds of strangers traveling to see family and friends found themselves on a similar journey of being in need of warmth, comfort and a place to rest their heads.

Dozens of those travelers ended up at the “GOOSE,” a community center in the heart of Oakfield. As last Friday (Dec. 23) wore on, members of Oakfield Fire Hall had been besieged by motorists stuck in the blizzard, and Ed Spence, the department’s chaplain, asked if there was anything he could do to help. Someone suggested using The GOOSE as a warming shelter.

Spence contacted Peter Friday, and his reply was, “give me five minutes.” They were soon on their way to transforming the Main Street center into a shelter by moving tables and bringing in food and drinks.

“We were getting ready for the influx of what we thought was about to happen,” Spence said. “Pete and I were meeting them at the door, welcoming them. They came, and they just kept coming.”

When the flow of visitors stopped, there were 60 people and a dog at the site, Susan Zeliff said. She credits her husband for taking “a good chunk of the responsibility” for these strangers in need of a safe place to stay, and Spence, plus a community ready to assist with homemade and packaged foods, pillows, blankets, and coloring books for the children.

Two residents graciously — and deliciously — baked bread, with one woman making 12 loaves and the other one adding pasta to her bread. The aroma made Zeliff want to take it home, she joked; it was that fragrantly mouth-watering.

“The whole community kind of rallied together,” she said. “We did soup for lunch, and thankfully we had gotten a shipment of milk so there was cereal for breakfast. I was not too worried since we had the food pantry. And people were reaching out to us.”

A common thread amongst the travelers, per others who have spoken about their experiences, was also true at the GOOSE, Susan said: most people were of international descent, including India, Japan and China, and many who did not speak English. Spence added that there was usually one person per family group that served as interpreter, and communication was not a big problem.

Some Muslims took solace in the back of a room to pray, and there was a lot of gratitude throughout the three-day ordeal, he said.

People wiled away the time charging their phones, talking, checking the weather and getting in touch with those that were waiting for them on the other end of their trip. Despite the circumstances and odds for anger and frustration to rule the day, it wasn’t like that at all, Spence said.

“It was wonderful, they were smiling, and they were extremely polite,” he said. “I asked people to stand up and introduce themselves. There was a lot of laughing and joking, believe it or not.”

As a retired firefighter of 14 years, he has seen a lot of weather events, with this now being “the worst I’ve ever seen.” As with the Zeliffs, he was impressed with the response of the community and volunteer responders.

“I can’t say enough about the fire departments in Oakfield and Alabama (and throughout Genesee County),” he said. “And I can’t say enough about the emergency manager Tim Yaeger. He did a fantastic job.”

Spence’s own Friday evening got off to a rocky start. He picked up his wife Wendy from her job at United Memorial Medical Center, and got her to her mother’s house in Oakfield; however, he found it tough going from there. Driving with his head out the window, he drove “two miles an hour to get not even a mile,” he said, and that took 40 minutes. At one point, his truck got stuck in the snow and he needed to be pulled out.

Most of his holiday weekend was spent as a liaison between the 60 travelers and Oakfield fire personnel. When some people tried to leave in their vehicles, he told them point blank: if you go out there, you’re going to die. Blunt, yes, but he felt those people needed a simple truth.

While it may seem as though the stress and inconvenience would have wrenched anyone’s nerves, people stepped up to the circumstances, he said.

“People made the best out of a bad situation, people were phenomenal,” he said. “It was a really positive event.”

Likewise, Susan believes the weekend was a good lesson in the universal language of kindness.

“Just for people to take care of people,  it doesn't matter. Your culture doesn't matter. Your skin type doesn't matter. Even your language,” she said. “They couldn't understand us, we didn't understand them, but we made it work.”

Photo of an online post from The GOOSE Community Center explaining that "this is what the lunch looks like for about 50 people hanging at The GOOSE in the blizzard." The canned goods were available from the center's food pantry.  

Press release:

As we say goodbye to 2022, Genesee and Orleans County Health Departments (GO Health) would like to wish you all a healthy and Happy New Year. This was a full year for the Health Departments. Not only were staff involved in ongoing COVID-19 activities, Monkeypox (Mpox) and polio were added to the list of emerging issues. Staff were determined to keep working towards Public Health Accreditation (expected in 2023) and also kept many public services and operations running smoothly to help improve the health and well-being of residents.

The Community Health Services staff have been working diligently, including remaining up-to-date on the evolution of the COVID-19 vaccination guidelines. Throughout 2022, immunization clinics (including COVID-19 and traditional), as well as outreach to migrant and seasonal farmworkers, resulted in 3,212 vaccinations being administered. This includes 42 individuals who received post-exposure rabies treatment after being exposed to a confirmed or suspected rabid animal. Not including COVID-19, 472 communicable disease investigations were conducted. During the growing season, staff provided various healthcare services to 1,388 seasonal and migrant farmworkers on location to reduce barriers to receiving care.

Public Health Emergency Preparedness started in 2022, responding to a tidal wave of COVID-19 cases from the omicron variant.  However, due to the lower severity of this variant combined with increased immunity within the community, efforts to contain this variant began to lessen, and public health emergency preparedness eventually began focusing on risks associated with new infectious threats, which ranged from avian influenza and Ebola to Mpox and polio. Experience from COVID-19 response led to dramatic changes for Emergency Preparedness, including revision of major preparedness plans, re-organization of the medical reserve corps and revision of an emergency preparedness mobile app.  

Environmental Health staff continue to regulate permitted facilities throughout Genesee and Orleans Counties through compliance with the New York State (NYS) Sanitary Code. They help assure the community is safe from foodborne illnesses by conducting inspections of food service establishments. Staff also routinely inspect septic systems, monitor Public Water Supplies, enforce the NYS Clean Indoor Air Act, and offer free rabies clinics. The Lead Program continues to promote education and outreach to enhance lead poisoning prevention and promote testing of children for lead exposure. GO Health was awarded a second grant from the Department of Housing and Urban Development (HUD) to expand an existing home-repair program to address lead hazards and prevent childhood lead poisoning throughout the entire Genesee, Livingston, Orleans and Wyoming (GLOW) region.

Staff within our Children’s Programs work with families of our youngest children, providing case management, education, support and referrals.  Some of the services children may need that are provided through this program are speech therapy, physical therapy, occupational therapy and special education teacher services. Staff works closely with families to make sure children receive the services they need.   

The Public Health Education team spent the majority of the year developing the 2022-2024 Genesee, Orleans and Wyoming (GOW) Counties Community Health Assessment (CHA)/Community Health Improvement Plan (CHIP) and in partnership with local hospital systems, Community Services Plan (CSP). The team was also responsible for implementing the ‘Strengthening Capacity in Suicide, Overdose, and Adverse Childhood Experiences (ACE’s) Prevention for Local Health Departments’ technical assistance grant. This funding improved the internal capacity of GO Health to address the intersection of suicide, overdose and ACEs and brought together community partners for a GOW Trauma & Resiliency Conference.

Weights & Measures (W&M) completed 470 inspections accounting for over 1,190 devices within the two counties. These tests involved pumping more than 26,000 gallons of fuel and using more than 5.9 million pounds of test weight, ensuring all commercial weighing and measuring devices meet NYS standards. The department handled 13 complaint investigations, confirmed 591 package weights & 300 item prices, and collected 132 fuel samples confirming fuel sold within both counties met a variety of parameters. Since transitioning to a department of one in 2020, W&M has shown savings in excess of $150,000.

“It is our extreme pleasure to serve the residents of Genesee and Orleans Counties,” stated Paul Pettit, Public Health Director for GO Health. “We thank the Genesee and Orleans County Legislatures, the Board of Health, our community partners and other volunteers for their support and collaboration. We look forward to another productive year of improving the health and well-being of our community and wish everyone a safe, healthy, and happy New Year.”

For more information about GO Health programs, visit www.GOHealthNY.org.

Press release:

The Holland Land Office Museum will be closed from Tuesday, Jan. 3, through Saturday, Jan. 21.

The staff and volunteers of the museum will be working on getting the museum ready for a brand new year in 2023 full of new exhibits, displays, programs and special events.

The museum will resume its regular operating hours of Tuesday through Saturday, 10 a.m. to 4 p.m. on Tuesday, Jan. 24. 

For more information or questions, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

Press release:

Assemblyman Steve Hawley (R, C, I-Batavia) is thanking emergency responders for their actions after Western New York’s brutal holiday snowstorm. Emergency employees are continuing to assist citizens who have been snowed into their homes and vehicles during this historic blizzard. The duties of our first responders are extremely important this time of year, especially the work of our highway crews, snow removal personnel and state and municipal snow plow operators. 

“I would like to thank all of our incredible emergency employees and utility workers for their efforts to protect those in our area,” said Hawley. “I hope all of those in my district was safe at home during the holiday weekend blizzards. We know how difficult this weather can be in our area, but this is an important reminder that we have individuals who will be outside in these conditions, ready to assist us. Thank you to our first responders for delivering blankets, pillows, water and other necessities to those in need. They are true heroes to our region, especially during Western New York’s brutal winter months.”

Once Batavia was able to slow down Merritt Holly, Jr. in the fourth quarter, the Blue Devils were able to pull away from the Oatkan Knights in the large school championship game of Lions Club Pete Arras Memorial Tournament at GCC on Thursday night.

Holly led the tournament in scoring after posting 28 points against Batavia, though he was held to just two field goals in the final quarter.

Le Roy's next highest point total came from Jean Agosto, with eight.

Carter McFollins scored 20 points for Batavia, and Rasheed Christie scored 12.

"I think our ball pressure in the second half was a key factor in that game," said Batavia Head Coach Buddy Brasky. "Merritt Holly is tough to stop and we really emphasized sandwiching him with two defenders and putting ball pressure on the guards, and I think that's what really kind of turned the game in the second half."

Brasky said he's proud of the effort of his team.

"They're playing hard, but we've got a long way to go," Brasky said.

McFollins was named the tournament MVP.

Also on the all-tournament team for the large school division were Jamel Johnson, Jr., of Roy Hart, Agosto, Holly, Batavia's Ja'vin McFollins, and Christie.

Photos by Howard Owens

Down 42-35 after three quarters, the deficit put the fight back in the Irish, spurring Notre Dame to a 29-point fourth quarter and a 64-55 win over Oakfield-Alabama in the small schools championship game of the Lions Pete Arras Memorial Basketball Tournament at GCC on Thursday night.

Scoring for Notre Dame:

• Jay Antinore, 19 points
• Hayden Groff, 15 points
• Jimmy Fanara, 13 points

For the Hornets: 

• Kyle Porter, 18 points, 10 rebounds
• Colton Yasses, 9 points, 10 rebounds, 4 assists
• Brayden Smith, 8 points, 10 rebounds, 5 assists

Photos by Kristin Smith.  For more, click here.

Click here to see our specials posted on our Facebook page.

To our community, farm  family, friends and loved ones, 
Where do I start to tell you about my husband, Tom Swyers? Father of our four beautiful children, their lovely spouses, and our astounding grandchildren. Apparently, you already know! The outpouring of kindness, generosity, sympathy, food, donations, cards, clearing of snow, tables & chair delivery, flowers, tears, words of praise for Tom and so much more from so many of you has been enormous. Your heartfelt love surrounds us all and gives us strength for the days ahead.

Tom had a dream early in life of being a farmer. He started his adventure working for uncles and local farmers, and with hard work and generosity from his parents, my Mother and family, and the Grace of God’s Blessing. In our 50 years of marriage, Tom never once said “I don’t want to go to work.” He was driven by a force of energy like no other. He ate, slept, and breathed farming! As the farm has grown, so have our employees. He appreciated and respected every one of them. Gardeau Crest Farm employees who we think of as family, Thank You from the bottom of our hearts!

In the years along the way Tom loved to visit with friends, fellow farmers and family. He touched so many hearts. Incidentally, after a heart attack at 38 when he was told that he had 5 to 10 years to live, we were blessed with 34 extra incredible years. Tom was kind, loving, generous, hardworking, and was a classic example of how hard work and determination yields success.

Tom was a wonderful Father, proud of each of his children, had great friends, was happy and proud to be a farmer, and was my beloved friend and husband. As for my family and myself, I want to reach out with our thanks for your love, support and kindness during such a sad time in our lives. 

Thank you to our community, along with the rescue squad, medical services, and friends who were a part of our hour of need. Extra and heartfelt thanks to Eric Kelly and Tom Bush. You held our hearts through a difficult time in our lives. Thank you to our friends and family. You are all amazing and I wouldn’t expect any less from any one of you. I wish I could put more profound words of love into this letter to explain what you all meant to him. He loved each and every one of you. 

God Bless everyone who reached out to us for your generosity, donations, caring for us, and for your prayers and love. Our family will miss Tom more than anyone will ever know, and our journey without him will be difficult, however, Tom will live in our hearts forever. 

Thank you for an amazing life, Tom! Rest In Peace, my darling, ‘til we meet again. Thank you for loving me.

Blessings to all,
Yvonne Swyers, Joey & Tonya, Mike & Elizabeth, 
Jake & Kim, Daniel & Ashley and 18 beautiful grandchildren

Press Release:

The Genesee County Health Department received $477,000 in funding from the New York State Department of Health (NYSDOH) to implement the Healthy Neighborhoods Program (HNP) for the years 2022 to 2027.

Residents in the Town and City of Batavia are eligible to participate in the program and the goal is to visit 1,000 households over five years. The program offers home evaluations for asthma triggers, indoor air quality, lead-based paint hazards, fire risks, and other health hazards. At the evaluations, residents are
educated on asthma management, childhood lead poisoning prevention, carbon monoxide poisoning, radon gas, fire safety and prevention, and other home safety issues.

Free safety and cleaning supplies are also available to eligible participants. There are four main goals of Healthy Neighborhoods Program:
1) Reduce hospital visits due to asthma: According to the NYSDOH Asthma Dashboard from 2017 to 2019, residents of the zip code 14020 (which includes the City and Town of Batavia) visited an emergency department for an asthma attack at a 28% higher rate than the average for Genesee County. The Healthy
Neighborhoods Program aims to provide participants with tools to better manage their asthma and avoid emergency room visits by evaluating their symptoms, triggers, and medication usage. Participants are encouraged to ask their primary care doctor to create a written plan to follow during an asthma attack.

2) Prevent childhood lead poisoning: The majority of housing in Batavia was built before 1978, which is when the federal government banned consumer use of lead-based paint. In partnership with the Genesee County Health Department’s Lead Poisoning Prevention Program, homes will be assessed for lead-based paint hazards and lead poisoning prevention education will be provided.

3) Improve indoor air quality: According to the NYSDOH, about 1,800 people in New York visit an emergency room due to carbon monoxide poisoning each year. Carbon monoxide poisoning is more common during the winter months due to use of heating sources. The Healthy Neighborhoods Program provides education on carbon monoxide poisoning, radon gas, smoking cessation, and pest management. In addition, eligible participants may receive carbon monoxide detectors, radon test kits, and cleaning supplies.

4) Reduce household injuries from fires and accidents: Residential fires are more common in the winter months, according to research by the National Fire Protection Association. A small fire can become a major fire in less than a minute, so working smoke detectors are crucial to alert residents so they can escape in time. The Healthy Neighborhoods Program encourages participants to practice fire escape routes. Participants may even receive free smoke detectors and small fire extinguishers.

For more information or to make a referral to the program, call Genesee County HNP staff at 585-344-2580 ext. 5519 or visit www.GOHealthNY.org.

It took a few days for Thera Sanchez to process her holiday weekend before she felt able to describe it.

After all, she and partner Pavel Belov hadn't expected events to unfold quite as they did since the unrelenting storm blew in Friday and hovered over their Oakfield residence and nearby roadways. While they remained at home, hundreds of motorists were trying to navigate unknown territory after being moved off the Thruway Friday.

Without knowledge of what they were driving into, many of those motorists got stuck in piles of windblown snow with little to no visibility of what surrounded them. Around 7:30 p.m., the couple noticed two sets of headlights out on the road, Sanchez said.

"We kept checking to see if we could see them until about 10 p.m. We got dressed up in our hunting gear and went to help them. The moment we stepped off of the porch, the snow was stinging my face. I put my glasses on to keep the snow away from my eyes, but the air was so cold it was hard to keep them open," she said. "Both of us, with flashlights and shovels in our hands, we find the road. We walk towards the headlights. We see the two. Then I saw three. Then I saw four. There were seven. We went up to each one and invited all into our home."

By last count, they had 11 strangers in their house. A friend stayed in her car because she had two dogs with her, and the Belov-Sanchez couple has three dogs of their own, she said. She and Pavel brought her food, treats and water and kept a check on her throughout the weekend.

Meanwhile, others just celebrated getting out of their vehicles.

"Some cried and some were just so happy to stand. We had friends from India, the Philippines, South Carolina, Maryland, and a couple were local. Whether they were heading home or to family Christmas, their trip was longer than expected. They were stranded," Sanchez said. "There was one guy who was in deep trouble. We almost didn't see his white van in the snow, but Pavel did, and went back for him. He had run out of gas and was sitting there for five hours in the cold, with just a hoodie, sweatpants and slippers on."

Their guests stayed with them untill Sunday morning, when roads had been cleaned and Storm Elliott finally retreated from the area. As people often do in the face of a crisis, Belov and Sanchez offered hospitality and cared for their guests for the duration. They didn't even feel the toll until it was over, Sanchez said.

"Hosting that many people with the stress of Christmas -- and then the stress of it being canceled -- was intense. Yet, we still had a blast together and toasted on Christmas Eve," she said. "We didn't feel it until everyone was gone. It's been an emotional rollercoaster since."

Stranded travelers

They weren't the only ones to feel the weight of the situation. What began as a fun trip to see the Bare Naked Ladies ended as an emotional breakdown of relief for traveler Angela Saiz and her passenger.

Saiz, of Rockville, MD, and friend Stephanie Argoe of South Carolina were in Toronto to see the concert last Thursday and had planned to return Friday morning. Flights were canceled due to the storm, so they decided to rent a car and drive.

As hundreds of travelers learned on Friday, their trip on the Thruway would get abruptly cut off when a travel ban was issued and a large portion of the Thruway closed.

“As soon as we crossed the border, conditions changed so quickly,” Saiz said Monday to The Batavian. “I couldn't believe that I didn't get some kind of Amber Alert like I get. Nothing came through on my phone that said travel ban, no driving, seek refuge, nothing.

“My rental car was doing just fine until, it was just, the whiteout hit so quick,” she said.

Their journey had been diverted from the Thruway onto side roads through Genesee County. Saiz was navigating down drift-covered rural roads with patches of visibility until there was nothing to see through her windshield. They got stuck in a snow drift and a good samaritan pulled them out, but by that time, conditions were deteriorating and “it was not safe to drive,” she said.

They called for help at 3:40 p.m. Friday, and Genesee County dispatch told them to hang tight and that someone would be there in a couple of hours. They also called AAA dispatch, which told them no one was allowed to drive into that area.

Meanwhile, the women waited in the car — thankfully with a full tank of gas they estimated would provide heat for at least 24 hours — but without water or food.

Saiz emphasized that she’s no newbie to the world of travel, having been a flight attendant and flying for her career some 200 times a year, and her husband is a commercial landscaper, so she’s also aware of how to deal with snow.

What she wasn’t prepared for, though, were the complete whiteouts and radio silence after two hours turned into several. They were stranded at the corner of Lewiston and Lockport roads.

“Every three hours we would call dispatch just to get an update. My frustration was that communication was horrific. All I wanted was the truth … I just wanted to know, do I need to mentally prepare to be in this car all night?” she said. “About after midnight, all of a sudden, we could see other cars. There was a car next to us, we could see lights and flashers on other cars. You couldn't tell how close or far away they were. And so, finally, we saw two people coming toward us that we thought were emergency workers. And I rolled my window down, and we both started crying. And they said, ‘we live across the street; we're happy to bring you in.’”

Generous hosts

The couple, known as Pavel and Thera, said they lived across the street and offered shelter for the two women, who replied that someone was coming for them.

“They’re not coming,” Thera said, explaining that they had been listening to a scanner.

Still, two women going to a stranger’s house seemed daunting, Saiz said, and their nervousness made them a bit hesitant. Then they saw other vehicles emptying out their occupants that were going to the house, so Saiz and Argoe decided to join them.

That Lockport Road couple, Pavel and Thera, offered refuge for 11 people, all of who stayed with them Friday evening throughout Saturday and that night.

There was the couple from Pennsylvania, just 30 minutes away from a cousin they were going to see; newlyweds from Delaware heading to Toronto; and another couple from Dallas, Texas. There was a single man from Spencerport, not even wearing warm clothing or snow boots in lieu of slipper socks, who was trying to get to The Rez. He would have surely frozen to death out there, Saiz said.

They all made the best of it and took in the host’s generous offerings of food, drink and bedding, Saiz said.

“They gave us water, offered us food, I think we were all just a little in shock and grateful to be alive at this point,” she said.

Eventually, firefighters — who were making rescues throughout the weekend and battling the same blinding snow conditions themselves — made it to the house and said they’d return to take people to Oakfield Fire Hall.

They offered to take the stranded travelers’ keys and move their vehicles to Oakfield-Alabama school’s parking lot, which had just been plowed. All of the visitors opted to do that, except for the one woman who remained in her car with her dog.

No one ended up returning that night, and the visitors stayed put. 

Welcomed reprieve

By Sunday morning, the sky was blue, and the roads seemed clear. But no one had returned with the car keys, Saiz said, so they waited some more.

She had inadvertently left her medication in the car and, after another long period of time, called dispatch again, saying that she really needed her meds.

When Genesee County Sheriff’s Deputy Robert Henning showed up, he was a great help, she said.

“He was amazing; he got us to our car, and he cleaned off the windshields for us,” she said.

“I got home at 5 p.m. Sunday,” she said. “My family waited to have Christmas with me. It was quite the experience.

“When I walked into my home and got upstairs, I just wept uncontrollably and sobbed, holding my children, my husband, so incredibly thankful. I'm emotional, just talking about it,” she said. “I've never, ever felt that I might not make it home. I've never been in a situation where I felt that I actually thought I might die. And I felt that way in the car.

“These people were angels and a godsend for bringing us in and feeding us and providing bedding … we had places to sleep. And it was amazing and a miracle. They're good people, and I'm so appreciative, and my family is appreciative of what this couple did,” she said.

Submitted Photo of Thera Sanchez, back row left, and Pavel Belov, back row, right, with Angela Saiz, to the right of Thera, and Stephanie Argoe in front of her holding a dog, along with the other travelers that got a rescue from the Oakfield couple this past weekend.

Tow truck operators don't get a lot of media attention.  They show up at an accident scene and might get in a few news photos as they hook up disabled vehicles to haul away, but they never get credit for helping to clear the roadway so traffic can flow again.

During Winter Storm Elliott, the county's tow truck operators were as essential as anybody else in getting people back on the road, and for saving stranded motorists.

And it was hard, hazardous work, some of them told The Batavian during interviews the past couple of days.

"I'm only 27," said Chad Dickinson of Dickinson Auto and Towing in Batavia. "I've never seen anything like this before, these blizzard conditions.  It was very treacherous at times, kind of scary at some points."

For Jacob Gross and Greg Lyons, who were joined in the effort by their boss, Cameron Selapack of L&L Transmission and Towing, there were aspects of the work that were just another day at the office. They found stuck cars and wenched them out and then either watched the owners drive off or brought the cars back to the shop or other safe location for storage.

"We're kind of used to it," Gross said. "But nobody should have been out on those roads. It was quite out of the ordinary."

It was bizarre at times, said Steve Grice, towing operations manager at Dan's Tire.

There were drivers in sandals, drivers with no phones, drivers who left the house with no charger and only a 20 percent charge on their phones, drivers low on gas, and drivers who put getting from one place to another a higher priority than themselves or their families, he said.

"I came across one guy, and I said, 'Sir, I'm gonna get you guys out because you are trapped in your vehicle, but why aren't you home with your family?" Grice recalled. "He said, 'Well, we need to get to the Christmas party.' I said, 'Your lives are at stake here. You need to get home.' And his wife leaned over, and she goes, 'thank you.' We pulled them out, and they went on their way."

Grice encountered a lot of people from Canada, such as the family in the story above, as well as other states.  As has been noted by county officials, most of these people wound up on Genesee County's backcountry roads because the Thruway closed, and they were following GPS maps.

"You wouldn't believe the number of people who said, 'Well, Siri said to go this way,'" Grice said. "I don't think Siri knows what's going on inside your car, you know? I mean, it's like you've got to look at the weather. You've got to know where you're going."

Gross and Lyons said they were surprised by how many people were out on the roads in the midst of a travel ban.

"We're hooking somebody up, and people continue driving by trying to get from Point A to Point B or wherever they were going, even though there was a travel ban," Lyons said.

"We even saw people out walking," Gross added.

You know things are bad when tow truck operators got stuck, and that's what happened to Grice and a member of his team on Friday.  

The Thruway Authority had asked Dan's to send a truck eastbound to check on some vehicles because they couldn't be reached from the west.  When the driver was ready to return to Batavia, he got stuck, so Grice drove out to retrieve him. He became stuck. They were out there until 10 the next morning until a truck from the Thruway authority helped them get moving again.

Grice said he had a lot of sympathy for the people who got stranded in their vehicles, and there was no way for search and rescue teams to get to them for hours.

"It was mentally just exhausting," Grice said. "And just sitting there thinking about the other people that were trapped out there and how people couldn't get to them. It was just a feeling of helplessness that was just overwhelming, you know, and it just was terrible."

Dan's ran three trucks with five crew members on Friday night, and when things cleared a bit on Friday, they had five trucks out.

Dickinson had four flatbeds and two wreckers running.

L&L had three trucks out.

The Batavian didn't have time to reach out to the other tow truck companies in the county, but they were all involved in vehicle recovery efforts throughout the event.

Winter Storm Elliott is a couple of days of work Grice said he won't soon forget.

"It was amazing," he said. "Some of the cars we pulled out, you open the hood and the engine bays were just packed. They looked like big ice cubes in there. It was just amazing. With some of the cars, the snow had gotten in around the door jams and filled them with snow. It was quite a sight to be seen."

Gross and Lyons won't forget it, either.

"Nothing compares to this one," Gross said. "This one was kind of crazy."

All photos courtesy Steve Grice/Dan's Tire.

Heading out on one of his search and rescue missions during the blizzard on Friday, Joshua Finn said he had two fears.

That they would find somebody dead in a car.  

Or that he wouldn't make it home, himself.

He came close to both tragic outcomes, he thought, around 1 a.m. on Saturday when he and another volunteer firefighter from Oakfield came across a pickup truck stuck on Judge Road. Its flashers were barely flashing, so he knew it had been there a long time. The battery was nearly dead.  Inside, they found a 60-year-old man and his 27-year-old daughter.

"They were both hypothermic, and they were completely saturated," Finn said. "The snow was blowing through the cracks in the vehicle."

With great effort, Finn, another EMT and other volunteers got them out of the pickup and into a rescue truck and started the drive back to the Oakfield Fire Hall. It was a scary trip, he said. They weren't sure they would make it back in zero visibility conditions.

"Colin and I couldn't get the interior dome lights to shut off because the door button was frozen," Finn said. "We couldn't see much because there was a light inside the cab. We had to have the windows down to look out the windows to drive. Colin says, 'Finn, go left, Finn, go right,' and we're going at one mile an hour. I got frost nip on my ears from because all I had was my firefighting hood. I was shivering by the time we got back with them."

Miraculously -- County Manager Matt Landers has called it a Christmas miracle -- there are no known fatalities in Genesee County as a result of Winter Storm Elliott, which hit the area with a ferocity unknown since 1977.

A perfect storm
The dangers of the storm were exacerbated by a Thruway Authority that shut down the I-90 with no plan to send travelers on safe routes and with Google and Apple map technology ill-equipped to warn drivers of dangerous weather conditions and send them on routes that would take them around the hazardous roads. 

Landers observed during the storm that in a situation that might have otherwise involved a handful of local people getting trapped on snow-covered roads, there were hundreds of cars that got stuck.

More than 700 people, most of them not from New York, wound up in one of 11 warming centers, and it's unclear how many others were taken in by residents who opened their doors when strangers came knocking during the storm.

The task of rescuing motorists fell to quickly assembled teams of deputies, highway crews, and volunteer firefighters.

And with winds over 35 mph and temperatures well below zero, and a forecast of storm conditions persisting for at least 48 hours, search and rescue teams didn't have the luxury of waiting until daylight or until the weather cleared.  They had to head out in the dead of night with the resources available.

Gary Patnode is both the deputy emergency management coordinator for Genesee County and the Chief of the Alabama Volunteer Fire Department.  He was right in the thick of it when the storm hit.

He praised dispatchers for helping triage stranded motorists.

Those with full gas tanks were told to keep their engines running and wait unless they could see a house nearby they could safely get to.  When they had less than a quarter tank of gas or a medical condition, they became a priority to rescue.

Among the medical conditions being reported -- "trouble breathing." 

Patnode found that understandable. You're out there not knowing how, when, or if you will be rescued.

"I think that was a direct result of anxiety, you know, from being in an unfamiliar area, it's pitch black out because there are no streetlights out there, and that snow is blowing," Patnode said.

"Every car, every window that we cleaned off, I just held my breath, you know, hoping that I didn't find a body in there," Patnode said. "That was the big thing."

It takes a village
While the brunt of the storm fell on Oakfield and Alabama, and volunteer departments in those communities had a total of more than 30 volunteers participate in search and rescue operations, nearly every department in the county sent either personnel or equipment, and usually both, such as Le Roy, Alexander, and Bethany, to the northwest quadrant to help out, along with Genesee Snopackers.

On the paid side of responders, there were Sheriff's deputies, personnel from Orleans and Livingston counties, State Police, State Parks, the Department of Environmental Conservation, and Batavia city police and fire departments.

In Oakfield and Alabama, community residents also pitched in, either by offering shelter, delivering supplies, moving snow, or cooking meals. The Oakfield Fire Hall became a warming shelter and housed several dozen people during the storm. There were so many travelers emotionally affected by the storm and being stranded that Downing took their phone numbers to follow up with them after they returned to their homes.

"We are still contacting them to find out how they're doing and that they're okay, you know, checking on their mental health," Downing said. "It's traumatizing for a lot of these people to be stranded and then have to be rescued. We want to make sure that they're okay."

During the weekend, stranded travelers also needed to be fed, so the community fed them.  One firefighter's wife baked her Christmas ham and brought it in.  Wives and girlfriends showed up to make breakfast.  Meals and supplies were delivered from Batavia. H.P. Hood donated dairy products. 

At one point, Oakfield Fire Chief Sean Downing was worried about being able to feed all these people for a couple of days and soon, he realized the community was taking care of it.

When Downing had to get home to check on his wife, Jeremy Yasses plowed his driveway so he could park.  Another community resident made sure the driveways of other volunteers were cleared so they could easily drop in and check on their families.

"People would come up to us and go, 'Oh, if I could just brush my teeth,'" Downing recalled. "then William Sturgeon thought to himself, he says, 'You know what, I have kids. We go to the dentist and they always give us toothpaste and toothbrushes, and dental floss,' so he ran home, which wasn't far from the Fire Hall, and came back with about 20 toothbrushes and the people were ecstatic that they could at least brush their teeth."

It's the little things, Downing said, that make a big difference.

"They say that it takes a village," said Downing.  "Well, it's more than the village. It was the entire town and village of Oakfield that was calling and coming together and getting us whatever we needed to be able to take care of these people. They understood what was going on and what we were going through, and they wanted to make sure that any little bit that they could do, they did."

The department had hosted a Christmas party for its members a couple of days before the storm, and there were still wrapped presents for children under the tree, so the kids at the shelter had Christmas presents to open.

Saving lives
The children were kept in the department's second-floor rec room. Downing wanted to shield them from any potential life-saving situations in the main bay of the fire hall.

"I think we had a total of three or four hypothermic patients throughout the event," Downing said. "The one gentleman that Josh was talking about was our first patient, and the medics came up to me at one time and said, 'We do not think, based on what we're seeing on the monitors and whatnot, and what we're talking about, he may not make it. But again, he pulled through. Once he warmed up, everything started to change for him. He was one of our first patients in the building, and he was the last one to leave our building after the event."

To treat hypothermic patients in a field-hospital situation, medics stripped them of all their cold, wet clothes and wrapped them in blankets.  A couple of firefighters' wives kept supplying warm blankets from the department's clothes dryer. 

Finn doesn't remember where he had seen it done before or where he got the idea from, but he suggested taking hand-warming packets and taping them to IV bags, so the fluid being given to patients was warmed.

While there were "official" warming shelters at fire halls -- such as Indian Falls, besides Oakfield, and schools, such as Elba -- there were several unofficial warming shelters, such as Alabama Hotel.  Grace Baptist Church in Batavia also opened as a warming shelter. Patnode listed off five or six homes that took in six, seven, and eight stranded travelers and one resident on Macomber Road had at least 50 people sheltering in his garage. 

"It was just remarkable how the community came together," Patnode said. "You know, even for us as an organization, when you're working with a volunteer fire department, there are so many different personalities, and everybody just sets that stuff aside and just works together."

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See also: Stranded travelers offered a warm home and holiday hospitality by Oakfield couple

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Gratitude
There was no shortage of gratitude among the travelers who were rescued. 

Downing noted that many of the department's guests pitched in and helped, cleaning up, shoveling snow, moving supplies as needed.

The boldest gesture of gratitude perhaps came from the first woman Finn rescued.

On Friday, as the storm began to roll in, he decided he couldn't stay at his job in Batavia. He had to get home to his family and his community.

As he drove toward Oakfield, he heard a call for a stuck vehicle with a woman finding it difficult to breathe.  He told dispatchers to keep the ambulance in Batavia, where it couldn't get stuck, while he checked it out.

He found a woman from Canada, with her daughter, having a panic attack.

He told her not to worry.  He told her to follow him to Oakfield, where there was a warming shelter.

He said the drive on Route 63 was difficult. The whiteout conditions were disorienting, and at one point, he went off the road and became stuck in a ditch himself.  

"You didn't know what was up or down," Finn said. "At one point, I was going two miles an hour, and I ended up in a ditch. The only reason why I got out, and it's no joke, I swear to God, I think what saved my life was a deputy named Richard Schildwaster came along with his truck and got me out."

When they got to the hall, the woman from Canada wanted to thank Finn in a big way. She offered him a piece of jewelry.

"She kept saying you saved my life," Finn said. "You guys, you saved my life. She tried to give me this 24-karat gold ring and put it in my hand and would not take it back and I'm like, 'I can't. I can't. This is what we do. I'm not taking your ring.'

"She was, 'you have to.' I'm like, 'It's okay. I didn't do anything. I just had you follow me.' I'm like, 'I can't take this from you.' And she's like, 'You have to.'

"So I dialed my wife. I said, 'talk to my wife' because my wife was not happy that I left Batavia to come to Oakfield, and I didn't tell her what I was doing until I got to the village, and I said, 'I'm in Oakfield. Don't be mad.' So I was like, 'Here, talk to my wife.'

"I don't even know what conversation they had, but it settled down my wife."

Submitted photos.  Top photo: Justin Cooper, Tera Williams, Joshua Finn, Chief Sean Downing, Assistant Chief Chad Williams, Buck Hilchey

Near whiteout conditions outside Alabama Hotel.

Sheriff's patrols and the Snopacker's groomer clearing roads and checking vehicles along the roadway. Oakfield Chief Sean Downing noted that one convoy that started out on South Pearl in Oakfield during the height of the blizzard Saturday morning took five hours to reach the Indian Falls Fire Hall.

A Mercy EMS ambulance broke down in Oakfield at the start of the storm, stranding its medics, which turned out to be a blessing for the warming shelter at the Fire Hall, with trained medical personnel on hand during the storm event.

Josh Finn and K-9 Frankie in a search and rescue convoy.  Finn and another medic joined the convoys so that if somebody needed medical attention, there was somebody on scene with the training to provide an evaluation.

Photo by Frank Capuano.

The 2022 racing season came to a close at Batavia Downs on Saturday (Dec. 17) and although some declines in handle were realized, the track performed better than many national trends.

The track recorded its fourth-highest total on-track handle for Batavia live racing since Western Regional OTB reopened the track in 2002, finishing only $33,599 behind the 2021 totals while racing the same number of days (55). However, the total handle (from all sources) for Batavia live racing was down 6.4% from last year, and that may have been a direct result of more competition for the expendable gaming dollar.

Don Hoover, General Manager of Live Racing and Race Secretary at Batavia Downs said, “Keeping these numbers in context, total wagering on harness racing in the United States this year is down 8.4% over 2021, which puts Batavia ahead of the national average. The introduction of online sports wagering in New York State in January of 2022 had a definite impact on the betting dollar at every race track and the months of road work on the new Park Road extension put a definite crimp on our in-house business during our prime summer dates.”

The good news was that local horsemen and women were beneficiaries of some of the best purses in the state during the meet, and those numbers drew more horses that stiffened the competition on the track.

Total purses (including stakes) at Batavia Downs were up 31% from 2021. Overnight purses alone increased by 29%, due in part to holding 88 more races this year. That latter increase was distributed to local racing participants and the agricultural infrastructure in the area will benefit directly from that money as it goes back into the local economies of Western New York and the Southern Tier, supporting the farmers, blacksmiths, veterinarians and others businesses that directly service the racing industry.

Bigger purses brought more horses and that added competition produced better payouts. Batavia Downs registered 45.8% winning favorites and that was the lowest among competing tracks at Buffalo, Monticello, Northfield, Saratoga and Yonkers who averaged between 46.8% and 48.3%.

“In sum, despite slight declines in overall wagering, I am happy with the robust growth shown in racing, with increases in average field size, overnight purses distributed, and the total number of horses competing at Batavia Downs in 2022,” said Hoover.  

Probably the single greatest racing moment of the meet was when American Dealer N (Joe Bongiorno) scored a 2-1/2 length victory in the 17th edition of the $75,000 Robert J. Kane Memorial Invitational Pace which was held on Friday (Aug. 26) at Batavia Downs, setting a new all-time track record of 1:50.2. The lightning-fast speed strip also produced two other track records along with a list of new lifetime marks for competing horses.  

Local driving favorite Kevin Cummings captured the dash title at the recently concluded session by winning 150 races, 14 more than the second place Jim Morrill Jr. However, Morrill and Cummings both made history by being the first drivers to ever surpass $1 million in earnings in the history of Batavia Downs (Morrill-$1,115,951, Cummings-$1,032,364). Shawn McDonough won his first-ever training title at the Downs finishing with 52 wins, only two more then the second place Jennifer Giuliani (50).

The completion of the 2022 meet does not mean that Batavia Downs will be dark for long. For the first time in over 20 years, winter racing will be back and begin at the Genesee County oval on Monday (Jan. 9) and continue through Monday (Feb. 27). The eight-week meet will be conducted on a Monday-Thursday schedule with post-time at 3 p.m. for all race days. Opening day will feature a $17,500 guaranteed pool that also has a mandatory payout on the Jackpot Super Hi-5 in the day’s last race. 

Tom Bojarski is the publicist for Batavia Downs.