batavia

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.

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.

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

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.

Photo by Frank Capuano.

Outside the Jerome Center. Photo by Carrie Lawrence.

A semi-truck has reportedly taken down wires in the area of 17 School St., Batavia.

The driver is still in the truck.

City Fire is on scene.

UPDATE 1:59 p.m.: National Grid and phone company requested to the scene.

UPDATE 2:12 p.m.: No electrical lines. "National Grid is not involved. Lots of phone lines and lots of cable lines."  City Fire is clearing.

The Batavia Blue Devils beat Roy-Hart 77-41 at GCC on Tuesday to win their open-round game in the annual Lions Tournament.

Ja'vin McFollins scored 17 points, Rasheed Christie, 16, and Sawyer Siverling, 13.

Batavia will play Le Roy for the large school crown on Thursday at 8 p.m.  Notre Dame and Oakfield-Alabama will face off for the small school trophy at 6:30 p.m.  Both games are being played at GCC.

As city and county officials tallied the weekend’s figures — numbers of staff on overtime duty, and total costs for manpower, equipment and related expenses — their gratitude for community support will extend to federal aid as well now that FEMA has announced financial assistance for New York State, and in particular, Genesee County.

Declaration should mean federal help
“There's a process that FEMA takes based on filing the emergency declaration that allows us to expend funds to deal with life safety, whether it's infrastructure, or housing and rescuing people, and then they'll evaluate damages, and overall cost affiliated with the storm,” County Emergency Management Services Director Tim Yeager said Tuesday. “And then they'll look at a declaration that will allow for reimbursement of expenses. So it takes about two weeks. Because then the data and the costs are accumulated and then sent to the state, they gather that and then send it to FEMA, and then they make a decision based on matrixes that they have on thresholds of cost. They're going to pay, typically, the federal reimbursement rate of 75 percent of the cost.”

That remaining 25 percent is sometimes paid by the state, he said, or it would go to the local municipality.

Both city and county management are still in the accounting phase of determining final numbers and associated costs of Winter Storm Elliott.

“At this time, there is not a complete accounting of the OT that was expended due to the storm, but we will be finalizing the reporting and submitting it to the County as part of their storm disaster relief accounting and potential FEMA reimbursement," City Manager Rachael Tabelski said Tuesday.

What goes into the accounting? 
City of Batavia personnel, including the Public Works, Water Plant, Wastewater Plant, Police and Fire departments, “stepped up during the storm to ensure that the city remained passable,” Tabelski said. All departments continued to operate and assist the county staff with storm response throughout the Christmas weekend, she said.

Some staff members spent the night at the Water and Wastewater Plant to ensure continuity of operations. The Police Emergency Response Team was called in Friday and Saturday to help with search and rescue with the city’s MRAP, she said. An acronym bandied about lately -- an MRAP is a military light tactical (Mine-Resistant Ambush Protected) vehicle that’s as heavy-duty and dependable as it sounds.    

The city’s Fire Station became a makeshift central distribution point for food, water, and supplies for those stranded or displaced by the storm, and firefighters and city staff worked to get supplies out to the 11 warming shelters throughout the county, including one at Grace Baptist Church in Batavia. 

"The City of Batavia workforce is a dedicated group of people who show up and get the job done, day in and day out,” Tabelski said. “And I am very proud to get to work with such a great group of individuals.”

Substantial overtime
County Manager Matt Landers, likewise, did not have specific numbers, adding that “it is hard to quantify how many staff actually participated” and thought he could pull together something more definite in the next day or two. “We are still calculating the OT,” he said Monday night, but he knows that it was “certainly substantial.”

He planned to submit a claim once the Federal Emergency Management Agency (FEMA) declared the storm a federal emergency, which it did on Tuesday.

“I would essentially say that everyone in the Sheriff's road patrol, every dispatcher, everyone in the Sheriff's Administration, all of Emergency Management, Highway Administration, all county plow operators” were involved, he said. “The community response to this storm was nothing short of amazing. So many people stepped up to help in so many different ways.  The heroic efforts by our law enforcement, volunteer and professional firefighters, first responders, dispatchers and snow plow operators undoubtedly saved lives.

“In addition to these brave individuals saving lives, it was wonderful to see the rest of the community step up by sheltering stranded individuals, whether it was at a warming center or people that opened their personal homes up to stranded motorists,” he said. “The outpouring of food and supplies from the community to those in need was wonderful to witness!”

The weekend — which began early on Friday and built into a full-blown, three-day disaster management exercise — had affected not only hundreds of motorists diverted off the Thruway, but also those in command of alleviating the storm’s effects.

A scary Disney ride
“The experience for me was like a roller coaster, with fears of having stranded motorists in our county succumb to the elements to the amazing news that our first responders had cleared all of the vehicles with no fatalities.  I was in constant communication with our Sheriff, Highway Superintendent and Emergency Management Coordinator, keeping up to date on how the storm was tracking and how the road conditions were deteriorating,” Landers said. “Their advice, plus the input of county departments that care for our vulnerable populations, along with discussions with the city manager and chair of our Legislature, made my decision to close county offices for Friday the clear choice.”

Close communication with those people also helped him to make another decision, to implement a countywide State of Emergency and travel ban, he said. Along with the hard work came amazing stories, he said, of everyday people stepping up with heroic actions to help save lives. 

“I hope many of these stories get out in the press in the following days so the rest of the county can learn about the heroes walking among them,” he said.

Tabelski had a “very good idea” of how to organize the food and get it delivered to the shelters and emergency responders, while Landers and his wife Melissa reached out to friends and colleagues in Batavia to appeal for donations. Landers and his daughter Katie then drove around picking up the many homemade dishes and snack and beverage items.

“I still have to get these dishes back to the families that donated, which will hopefully happen in the next couple of days, but I am sure some won't make it back.  It was nice to see over 20 people that we had messaged step up and donate food items,” he said. “I want to give a huge shout-out to John Spryopoulos from Settlers Restaurant, who donated seven full pans of food and eight half pans of food.  He opened up his kitchen with a couple of helpers Saturday morning and had the food ready by early afternoon.”

Recovery here, ongoing rescues a county over
Yaeger took a few minutes to look back and appreciate all of the efforts that went into weekend rescues, though his work was not quite done. The last of the stranded motorists emptied out of warming shelters by 9 p.m. Monday, he said, and they were back on their way home — whether directly by a vehicle on side roads due to a still closed Thruway, or after checking into a local hotel to get more rest before their trip.

He, on the other hand, was still in full rescue mode, helping to coordinate vehicles — MRAPs borrowed from Orleans and Livingston counties and utility task vehicles (UTVs) — for arrival in Erie County. Many of those vehicles were needed to transport patients ready for check-out at hospitals so that additional patients could be treated, Yaeger said.

As one of the many folks in this area to know about the infamous blizzard of 45 years ago, this latest one tops everything so far, he said.

"I think the onset was far faster than I think anyone expected it to be. And I think it was just typically the lake effect snow does not set up over Genesee County for that extended period of time. Basically, the heaviest lake effect was in that northwest quadrant, west side of the county. Pretty much the whole west side of the county that was the kind of that heavy, heavy, heavy snow and wind, and that's what caused all those problems,” he said. “I've never experienced that type of snow event and wind event. I mean, obviously I was a child when Blizzard of ’77 occurred. And that was a different dynamic because of the snow buildup on Lake Erie. We didn't have that to deal with. We just have heavy, heavy lake effect and the strong winds causing the low visibility, and then the people just can't clean the roads fast enough.”

He was a central point of operations and also walked the walk, joining a team on the roads Saturday night. Danger aside, “there wasn’t a lot of convincing needed,” he said about the responders eager to help out. They all agreed with similar sentiment that “we should not be out there," he said, and yet they all went.

“The internal fortitude of the first responders, both law enforcement, fire and EMS, not to give up and, they just keep pushing and pushing, and we obviously brought in more resources, but that took time to get those resources here,” Yaeger said. “But when you're in the storm, you're risking, obviously, their lives … risking the lives of the first responders out there. So, there'll be conversations, what do we do better? I know, from the state level, down to the local level, how can we do a better job of keeping cars off the road? They had plenty of warning, I can assure you that everyone knew it was coming.”

Lessons and thankfulness in hindsight
Landers also said that there will be a countywide discussion about learning from hindsight and preparing as much as possible for any future Elliotts that may blow into town. Tucked into the questions and concerns has been an element of gratitude for what Yaeger described as a “heroic effort that I witnessed” during at least a continuous 48 hours of responding to a nature-inspired emergency.

“All the way from the dispatchers to tow truck operators, and snow removal, highway workers and the volunteer fire and law enforcement of both Sheriff's Office, State Police, city PD, just never stopping until everyone they knew everyone was safe,” Yaeger said. “And it was absolutely, when you talk about heroes, those guys are heroes, and girls. Absolutely heroic effort, and then the sheltering of the public and the municipal leaders and businesses locally, from the churches, to schools to private restaurants, private residences.

“They just opened their doors and let complete strangers in,” he said. “It’s just absolutely amazing.”

Tabelski provided an updated donor list that was part of the “hundreds of volunteers in the city and across the county (that) stepped up to assist during this storm.” To view, see HERE. 

Top Photo: If you cannot see this scene very clearly, that's exactly what it was like for motorists on Friday and Saturday in the western part of Genesee County. Photo by Steve Grice. Above, a safer view of the cleared road, properties and an oncoming car Tuesday after massive cleanup efforts took place during the weekend. Photo by Howard Owens.

A motor vehicle accident with possible injuries is reported in the area of 7914 Lewiston Road, Batavia, which is just south of Galloway Road.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 6:50 p.m.: Both lanes are blocked.

UPDATE 6:51 p.m.: No injuries.

UPDATE 7:09 p.m.: Fire police are stopping traffic.  "We just had one blow through. An orange Jeep." "Yeah, they're not going anywhere."

Frozen pipes that ended up bursting and spilling water at the newly built University of Rochester Medical Center are being repaired; however, the site will not be open this week for patients, Kim Hally-Hettrick says.

Multiple pipes were involved, causing a lot of water to flood the building at 7995 Call Parkway, Batavia. Bitterly cold temperatures caused the freezing pipes, a condition reported by business and residential folks this past weekend.

Patients will be redirected to offices in Le Roy, Brockport and Brighton, Hally-Hettrick said.

“They’re researching what caused that to happen,” she said to The Batavian Tuesday. “The floor was 90 percent covered with water, but it was mostly floor damage and not the walls.”

To keep patients safe, the walls are also being checked out to ensure there is no water seepage or related damage before reopening the center, she said. Project management firm Gallina Development Corporation has been working on the repair and research and has been “very helpful” in the effort, she said.

The situation is being evaluated for when the doors will open again for patients, and it is recommended that they call their respective doctors to reschedule appointments. Practices include Primary Care 585-345-1779; Allergy and Immunology 585-486-0930; Medical Oncology 585-602-4050; Neurosurgery 585-225-5767; Otolaryngology and Audiology 585-758-570; and Urology 585-275-2838.

Photo: File photo by Howard Owens

A house is reportedly filling with smoke at 7736 Lewiston Road, Batavia.

No flames showing.

Town of Batavia dispatched with mutual aid from Oakfield.

UPDATE 1:59 p.m.: A chief on scene reports nothing showing, house evacuated.

UPDATE 2:10 p.m.: An interior crew reports no smoke in the basement.

UPDATE 2:45 p.m.: No fire.

At 2 a.m. in the early morning after Christmas, City of Batavia workers were out and about Downtown clearing away snow from streets, sidewalks, and parking lots.

Press release:

The Local Emergency Order, pursuant to Section 24 of the State Executive Law 2B, issued at 1200 hrs. on December 24th 2022, is hereby rescinded for the City of Batavia. Other executive orders and County Travel Bans may still be in effect, and travel conditions to the West and North of Batavia may still be dangerous. Please use discretion when traveling in the region. 

Even though there have been lots of variables and treacherous moments these last two days, one thing is for sure: the City of Batavia community has been rich in response to the needs of strangers.

All day long has been filled with gifts from a “friends and family” initiative to ensure that motorists stranded at one of the 11 warming shelters, and the emergency responders that rescued them, are warm and fed, City Manager Rachael Tabelski said. She, city and county staff, including Manager Matt Landers had been manning the effort all day at the city fire station.

“There have been a lot of family donations. Matt got a ton of deliveries,” Tabelski said Saturday evening. “He’s going to be getting a ton of pots and pans back.”

Landers had contacted about 20 friends seeking food for the more than 550 visitors that got stuck after being diverted from the Thruway Friday. Motorists have been from near and far — Lockport, Canada, Connecticut, Los Angeles, Maryland, to name a few — and found themselves at a fire hall, church or hotel lobby seeking refuge from the bitter cold.

“I’m doing what I can to help; I’m not out there rescuing people, so I’m doing what I can,” he said. “We were getting low on food at the shelters and for responders. I texted 20 friends and colleagues, and they texted others.”

He drove to about 15 homes to pick up their offerings — from a ham and tray of potatoes from County Legislator Marianne Clattenburg and eight to 10 trays of food from Settler’s Restaurant to Mike Ficarella’s chili, food items from City Council President Eugene Jankowski, to tuna casserole, ziti and sweet treats from city schools board member Alice Benedict.

Other donations from at least two dozen individuals, groups, schools and churches also included blankets, cots, soups, mac ’n cheese, bottled water, and the countless deliveries from emergency responders.

A shelter opened at Grace Baptist in Batavia, the only one in the city, has been “doing a very good job” with providing care, Tabelski said. And they have room in case anyone has lost power or is stranded in the city, she said.

"Thank God Grace Baptist Church took my family and others who were stranded in,” motorist Nick Bankovic texted to friend Bill Hume. “Batavia’s Original pizza donated pies here for everyone, and a bunch of locals have been dropping off food ’n drinks. This definitely got travelers in high spirited moods. I think this also brought excellent exposure to the entire city of Batavia to all these travelers."

As for city streets, the second surge predicted to hit earlier Saturday kept getting pushed back, Tabelski said, but staff was ready. The travel ban was to keep city streets cleared for snowplowing and emergency vehicles, she said, but it was most likely confusing for another part of the county.

“Half of our county looks great,” she had said in late afternoon. “It isn’t bad now, but could get bad really quickly. We can plow more and keep it cleared Our goal is to keep the city functional and operational.”

Several tractor trailers that had been moved off the Thruway were parked alongside local roads, and the plan was to get them into the Wal-mart parking lot, she said.

“We’re really just support right now, and trying to get food out,” she said. “The travel ban is to keep those 18-wheelers off city streets, and to keep the roads open and clear.”

City hotels booked up to capacity Friday, though stragglers that got caught in the storm were given shelter in hotel lobbies. Jolene emailed The Batavian to praise the job being done by Quality Inn staff, Rich Kress in particular.

“I just wanted to write to tell you I think there are some pretty amazing people that need to be recognized for their actions during the storm. We were completely booked early on in the day yesterday, but the staff and residents here are amazing for the most part. They stayed up the entire night letting people come in off the streets,” she said. “They refused no one. Every corner of our lobby was full. They made coffee all night long and put out food that was meant for the free breakfast for residents. They gave people pillows and blankets and even brought out cribs for infants. None of them had to do any of that.”

Jolene didn’t respond to an email for further details, but her sentiment was well received.

“I think it's amazing and I feel that they should be recognized. (Rich Kress) stayed up the entire night running around collecting furniture from other floors and rooms for people to be able to rest in the lobby. He is actually still down there now with the displaced people,” she said. “It's not often you come across people like these guys. They really do give a damn.”

Weather and travel bans/advisories will be posted as received. If more food is needed this weekend, that appeal will also be posted on The Batavian.

Meanwhile, Landers will be trying to track down the owners of soup pots, pans and slow-cookers.

Top Photo: City Manager Rachael Tabelski, right, and city staff work to take in and distribute food donations Saturday at the city fire station; emergency responders occasionally get a break to nourish themselves; bags of goods went out to warming shelters; the community was generous with donations of food items.

Photos submitted by City of Batavia.

The National Weather Service is predicting that a large band of lake effect snow that also already dumped several feet of snow on Alabama and Oakfield is going to move south into the Center of Genesee County, including the City of Batavia.

In response, City Manager Rachael Tabelski has declared a state of emergency for the city.

The Local State of Emergency has been declared due to hazardous weather conditions, high winds, and increasing snowfall accumulation. This order also includes a travel ban on all City of Batavia Streets and a parking ban across the city.

The order is in effect for five days or until it is lifted by the City Manager.

It is a Class B misdemeanor to disobey the order.

As of 7 a.m., Ken Lauer says Route 33 is pretty much blocked by some tractor-trailers.  Route 77 seems OK "but you gotta be nuts to be driving," he says. "Too much blowing to estimate snowfall, but drifts are two to four feet.  Crosby on the corner is open.  I’m at the bakery if someone needs warmth and a hot beverage.  Looks like Santa Amazon is in need of Rudolph and some large tow trucks."

Email weather-related photos to howard@thebatavian.com or text to (585) 260-6970

Jason Smith's dogs in Batavia are a bit unsure about going outside.

Photo submitted by Leah Buckel. "This tree narrowly missed our house! Unfortunately, part of it did hit my husband's car."

If you've dared to go outside for even a few minutes, it's quite apparent that the biting wind and snow have remained relentless this evening. According to the National Grid outage map, the number of outages is going up by the minute, as it was 1,879 Genesee County customers affected at 6:38 p.m., and that ticked up to 2,033 by 6:40 p.m. 

National Grid is "assessing the situation," according to the outage site. That means there is no estimated time of power restoration yet. To check on outages in your area, and estimated timelines of repair, go HERE.

The Natonal Weather Service reported a temperature of just 2-degrees shortly before 6 p.m., with winds up to 40 mph.

Photo: Streetlights glow through the haze of wintry elements and a dark gray sky Friday evening on a Batavia city street. 

Photo by Joanne Beck.

Even though city and county offices closed Friday, all essential offices, including City of Batavia police, fire, public works, management and non-union personnel, will continue to operate through the duration of the storm, City Manager Rachael Tabelski says.

Tabelski and Genesee County Manager Matt Landers made a decision Thursday to close their respective offices and buildings Friday; however, staff has been in place, including the Sheriff’s Office road patrol, dispatch center, the jail and highway department snowplow crews, Landers said.

This is the first for the county in several years to close down ahead of time due to anticipated weather.

“After multiple discussions with County Emergency Management, the County Sheriff’s Office, the County Highway Department, various other County departments, along with the City of Batavia Manager, it was clear that for the safety of the County workforce, we should close County offices on the 23,” Landers said.  “We originally discussed closing early, but after discussions with the National Weather Service out of Buffalo, it was looking like the serious weather would be coming into Genesee County in the morning, and I didn’t want to subject the workforce to driving home in treacherous conditions.”

Having county offices closed on Friday would also free up some manpower that previously would have had to clear county-staffed parking lots, he said.

On the city side, after reviewing the predictions of flash freezing and gale force winds, combined with lake effect snow, "County Manager Matt Landers and I jointly decided to close City and County offices,” Tabelski said. 

“The less traffic on the roads and City streets tomorrow, the easier clean-up efforts will be,” she said Thursday night.

Management has continued to monitor county Emergency Management Director Tim Yaeger’s weather and storm reports.

“We are also in touch with National Grid to support their storm response,” Tabelski said. “National Grid is predicting multiple, and potentially long duration, outages within their territory.  They have over 1,000 line men/women and guards that will be dispatched throughout the region as needed for power outages and down wires."

As of 5 p.m. Friday, 1,700 Genesee County customers remained without power.

Tabelski reminds folks to “Never touch a down wire, and call 911 immediately!” 

City staff is monitoring Doppler radar and reports from the state DOT, Thruway Authority, NYS State Police, and Department of Homeland Security, “who are all involved with storm preparedness and storm response,” she said.

“We advise all residents and visitors to the City of Batavia to be cautious and careful as driving conditions change over the next 24 hours,” she said regarding Friday and Friday night.  “We hope that everyone has a very Happy Holiday and Merry Christmas!”

The storm has been estimated to run its course through 7 a.m. Sunday, according to the National Weather Service. Citizens have been urged to remain at home and off the streets per a Genesee County Sheriff's Office travel ban and a State of Emergency declared by Gov. Kathy Hochul.

Throughout the day Friday, there have been multiple automobile accidents, along with some downed trees and utility wires. For more details about the day's events, go HERE.

And don't forget those beloved four-leggeds. American Veterinary Medical Association advises pet owners to:

Know the limits: Just like people, pets' cold tolerance can vary from pet to pet based on their coat, body fat stores, activity level, and health. Be aware of your pet's tolerance for cold weather, and adjust accordingly. You will probably need to shorten your dog's walks in very cold weather to protect you both from weather-associated health risks.

Short-haired pets feel the cold faster because they have less protection, and short-legged pets may become cold faster because their bellies and bodies are more likely to come into contact with snow-covered ground. Pets with diabetes, heart disease, kidney disease, or hormonal imbalances (such as Cushing's disease) may have a harder time regulating their body temperature and may be more susceptible to problems from temperature extremes. The same goes for very young and very old pets.

Provide choices: Just like you, pets prefer comfortable sleeping places and may change their location based on their need for more or less warmth. Give them some safe options to allow them to vary their sleeping place to adjust to their needs.

Stay inside. Cats and dogs should be kept inside during cold weather. It's a common belief that dogs and cats are more resistant than people to cold weather because of their fur, but it's untrue. Like people, cats and dogs are susceptible to frostbite and hypothermia and should be kept inside. Longer-haired and thick-coated dog breeds, such as huskies and other dogs bred for colder climates, are more tolerant of cold weather; but no pet should be left outside for long periods in below-freezing weather.

For more information about storm preparedness, the City of Batavia Fire Department has advice available HERE. 

File Photo of a previous winter storm in Batavia, by Howard Owens.

A motor vehicle with a head injury reported in the area of 7689 Oak Orchard Road, Batavia.

Town of Batavia Fire, Mercy EMS dispatched.