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Lawsuit by ex-wife against David Bellavia, Orleans County, alleges false arrest as part of ugly divorce

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Divorce proceedings began in 2019.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Blue Devils win Far West Championship in 20-8 win

By Howard B. Owens

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

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

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

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

Photos by Jim Burns.

Photo: Tesla charging stations at Batavia Towne Center

By Howard B. Owens

Tesla, apparently, has installed 12 electric vehicle charging stations in the parking lot of Batavia Towne Center off Veterans Memorial Drive.

Neither Tesla, which makes electric cars, nor COR Development, owner of the shopping center, responded to requests for additional information.

The Tesla website lists Batavia as a future location for electric vehicle charging stations but says the stations won't open until the second quarter of 2023.

Photo by Howard Owens, taken on Thursday.

Law and Order: Driver accused of operating on 24 active suspensions

By Howard B. Owens

Alexander C. Schwartz, 26, of Rochester, is charged with aggravated unlicensed operation 1st. Schwartz was stopped at 9:30 a.m. on Nov. 13 on East Main Street, Batavia. He allegedly has 34 active license suspensions. He was arraigned in City Court and released under supervision.

Martin F. Jones, 51, of Batavia, is charged with harassment 2nd. Jones is accused of being involved in a disturbance at 1 p.m. on Nov. 3 at a location on South Main Street, Batavia. He was issued an appearance ticket.

Jason S. Wood, 44, of Batavia, is charged with DWI, speeding, avoiding intersections, and open alcoholic beverage container. Wood was stopped at 5:38 p.m. on Nov. 13 on Chestnut Street, Batavia. He was issued appearance tickets.

Cassandra L. Brunea, 49, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Brunea allegedly threatened to hit another woman while that person was holding a child at 11:13 a.m. on Nov. 15 at a location on East Avenue, Batavia. She was arraigned in City Court and released.

Madalyn R. Muntz, 36, of Batavia, is charged with petit larceny. Muntz was arrested by State Police in connection with an incident reported at 9:19 a.m., May 16, in the Town of Batavia. She was released on an appearance ticket. No further details released.

Trisha M Moyer, 44, of Kendall, is charged with DWI and driving with a BAC of .08 or greater. Moyer was stopped at 11:11 p.m. on Nov. 15 in the Town of Elba by State Police. She was released on an appearance ticket.

Jody Ann Minuto-Carey, 52, of Chili Riga Court, Churchville, is charged with DWI, driving with a BAC of .08 or greater, and moved from lane unsafely. Minuto-Carey was stopped at 4:33 p.m. on Nov. 8 on Clinton Street Road, Bergen, by Deputy Trevor Sherwood. She was released on an appearance ticket.

Loretta Lynn Baer, 51, of Batavia, is charged with criminal possession of a controlled substance 7th. Baer is accused of possessing Fentanyl at 4:03 a.m., May 20, at a location on East Main Street, Batavia. She was arrested on Nov. 10 and issued an appearance ticket.

Police seek assistance in locating missing 13-year-old

By Howard B. Owens

UPDATE Nov. 23: Jaylynn has been located and is safe.

The Batavia Police Department is seeking public assistance in locating a missing 13-year-old girl.

Jaylynn Alvord was last seen at about 7 p.m. on Nov. 17.

She was last seen wearing black jeans and a tie-dye sweatshirt. She has a nose ring.

Jaylynn is slightly over 5' tall and weighs 145 pounds. She has brown hair and brown eyes.

Anybody with information that could assist police in locating her is asked to call (585) 345-6350 or the NYS Missing Persons Clearinghouse at (800) 346-3543.

GCA dinner highlights love and support necessary to help people in treatment for cancer

By Howard B. Owens

Cancer has diminished the speaking voice of Antonia Richenburg but now her spirit, as she made clear at the annual dinner of Genesee Cancer Assistance at Batavia Downs on Saturday night.

Richenburg was diagnosed with squamous cell carcinomas on her right vocal chord in the Fall of 2013.  The following February she was referred to Genesee Cancer Assistance.

"Genesee Cancer Assistance has been a wonderful asset," Antonia said through her daughter Carson, who read her speech. "When I was confused and not able to find the answers I needed, the staff at Genesee Cancer Assistance were there to help out by doing their best to answer my questions. They even made the process of receiving financial assistance during my struggle with cancer a stress-free process."

It has been her family who has been her strength, though, she said.

"Although this has been a rough road for me, I never gave up," she said. "I have a strong support system. My family has been my biggest supporter, with more love and encouragement than anyone has ever asked for. I would have never survived without my husband, Eric, and my children, Todd, his wife, Rachel, and my daughters, Kearson and Carson."

She added later to encompass her entire support entourage, including her doctors, "the love and support of these people kept me focused on what's important."

And ended with advice for anyone diagnosed with cancer.

"Love and support are definitely needed," she said. "It will help keep you alive."

Photos by Howard Owens

Tami Burbules, also a cancer survivor, thanked Genesee Cancer Assistance for its support after she was diagnosed with breast cancer in 2021.

Dorothy Schlaggel, a founder of Genesee Cancer Assistance, received a standing ovation when she was introduced.

Schlaggel said the idea for Genesee Cancer Assistance came after she and some others attended the Relay for Life in Rochester and they decided they didn't want to make that trip anymore so they started the Festival of Hope Walk to raise money to help battle cancer.

"There are a lot of our volunteers who are still volunteering, and it's been 30 years or more," Schlaggel said. "And all I've got to say is Genesee Cancer Assistance has the best volunteers ever and this place is fantastic."

Before the speeches, the volunteers were recognized, including, above, Mary Valle and Martha Woodruff.

Sue Underwood applauds Antonia Richenburg after her speech. Soon the whole room was on its feet applauding.

Paul Figlow was master of ceremonies.

 

The cash door prize was awarded by a process of elimination.  Everybody had a little lighted trinket and if your number was called, you turned off your light. At the time this picture was taken, just before The Batavian left, there were 61 lights still on.

Photos: Wonderland of Trees opens at the Holland Land Office Museum

By Howard B. Owens

The Holland Land Office Museum hosted its annual gala Friday evening for the opening of the Wonderland of Trees.

Again, the museum is filled with holiday cheer provided by Christmas trees decorated by various local organizations and businesses.

The trees are on display through the end of the year.

Painted wool show featured in main gallery at GO ART!

By Howard B. Owens

The main gallery at GO ART! is filled with wooly bright colors until Dec. 3 in an exclusive show for East Bethany artist Terry Webber. 

Webber's show of painted wool is unique.  The pictures are bright and vibrant but filled with texture and an element of 3D vision.

Webber, who owns East Bethany Arts and Antiques at 5769 Ellicott Street Road, Bethany, explained the involved process of creating her pictures.  It starts with a sheet of wool, called "pre-felt," and that becomes the background.  She then adds puff balls of color and everything is soaked in soap and water. The work is then placed in a felting machine that spins the felt 4,000 to 5,000 times. The pieces of wool then become one solid piece.  From there, she ads needlework as needed or ads "naps" that provide additional texture.

She's been working in the medium for about a decade. She found out in April she would have a show at GO ART! and began creating 40 new pieces -- she actually exceeded her goal, producing 44 pieces.  

"I like the vibrancy," Webber said.  "It also keeps you from being too nitpicky just because it's not paints and it's not pencil. It's more freeform but the colors are what I like the most."

Grand Jury Report: Woman accused of presenting forged vaccination card to employer

By Howard B. Owens

Stacey A. King is indicted on counts of criminal possession of a forged instrument in the second degree and falsifying business records in the first degree. King is accused of presenting a forged COVID-19 vaccination record to her employer in the City of Batavia on Oct. 1, 2021.

Katherine J. Briggs is indicted on one count of criminal contempt in the first degree. Briggs is accused of violating an order of protection on July 27 at a location on South Main Street, Batavia.

Martin P. Macioszek, II, is indicted on one count of grand larceny in the third degree.  Macioszek is accused of stealing property with a value greater than $3,000 from a location in the Town of Batavia between May 2020 and September 2020.

 

Thanksgiving Community Free Skate sponsored by Kiwanis returns Thursday

By Press Release

Press release:

Kiwanis Club of Batavia will be hosting its annual Free Thanksgiving Morning Community Skate on Thursday, Nov. 24 from 9 to11 a.m. at the David McCarthy Memorial Ice Arena on Evans Street in Batavia.  Admission and skate rentals are free (while supplies last).  There will also be free hot chocolate.

Kiwanis Club of Batavia is thankful for the local community’s support of their fundraisers.  It’s through their fundraisers that events such as this can be provided for the children of Batavia and surrounding communities.  Please come out and enjoy this free event! 

Photo: File photos by Howard Owens from 2015

Master Gardners announce gardening book sale

By Press Release

Press release:

The Genesee County Master Gardeners will be holding a book sale, from Nov. 21 through 23.  The gently used gardening book sale will be held in the CCE Office board room at 420 East Main St, Batavia.  Hours for the book sale are November 21st and 22nd from 11 am to 4 pm and November 23rd from 11 am to 3 pm.

We have a variety of gently used gardening books on a wide range of topics, including houseplants, container gardens, perennials, herbs, vegetables, trees, shrubs, general gardening, ponds, wildflowers, garden-related crafts, garden decor and the history of gardening.  You might even find some vintage garden books.

Please bring your own bags to take your treasures home.  Stock up for some winter reading or look for some great gifts for that gardener on your list.

The Master Gardeners are also collecting NEW, unwrapped books for the Toys for Tots Literacy program.  Consider donating a new book for youth ages preschool up to 18.  Books can be dropped off until Dec. 5.  Books enhance a child’s ability to read and to communicate effectively.  A gift of a new book delivers a message of hope and instills self-confidence to children in need.

The Genesee County Master Gardeners thank you in advance for your support.

Revisions needed for Civil Service exams, city officials say

By Joanne Beck

There are vacancies in the three major city departments of police, fire, and public works, plus several unfilled openings throughout the Genesee County municipality.

While county officials have waived Civil Service exam fees, expanded residential limits, and worked with certain occupations to establish more flexible workplace options, there are yet other issues at play in having employee gaps, city officials say.

It’s not just a lack of qualified candidates that keeps these jobs unfilled, but also about how Civil Service works, City Manager Rachael Tabelski says.

“When you hire, there’s a rule of three: you can only look at the top three in the bracket,” she said during an interview this week. “The New York Conference of Mayors supports expanding it.”

If that limit of three could be expanded to five, that would obviously widen the pool of eligible candidates, she said. Police Chief Shawn Heubusch agreed. He would also like to see additional revisions to how Civil Service testing works.

The New York State Association of Chiefs of Police is working with the state Sheriff’s Association to bring about a change in the Civil Service rules “that make hiring minority and underrepresented persons difficult,” Heubusch said.

“Our organizations, jointly, will be requesting that Civil Service be reformed to allow for a Pass/Fail test, for the State to deliver testing more frequently and to see faster turn-around times in terms of scoring for them,” Heubusch said. “Change to the police officer physical agility testing requirements to be job-based as opposed to the antiquated standards that exist. We would also like to see more uniformity across the state in terms of how the rules are applied.”

For example, in one part of the state, Civil Service commissions will deliver the test on an annual basis, while in other parts, it is given every two or even four years, he said.

“We feel that these changes will allow departments to hire a more diverse workforce that is reflective of our communities and speed up the time from which a person takes a test to the time they are hired — sometimes more than two years currently,” he said.

Another delay in filling positions in the police and fire departments, she said, is the training time required in academies after a good candidate is hired. 

“It can take six to 12 months,” she said.

And that’s after an extended period due to Civil Service protocols.

“The law really does hinder our ability to hire qualified candidates,” she said.

A Civil Service reform bill (below) has been approved by the Senate and Assembly, and has been forwarded on to the governor’s office for final approval, she said.

Reform the Civil Service Law

Municipalities are always looking for innovative ways to effectively manage their workforce. Unfortunately, in many instances, they are restricted by arcane Civil Service rules. The Civil Service Law should be amended to grant local officials an appropriate level of flexibility in hiring and workforce management decisions. Specifically, NYCOM supports the following reforms:

  • Expand the number of eligible employees for appointment to a Rule of 5;
  • Authorize procedures whereby a provisionally hired employee can transition to a permanent appointment if an exam is not offered within a certain period of time;
  • Classify all part-time positions as non-competitive by operation of law instead of by local rule;
  • Require continuous recruitment whenever possible; and
  • Allow out-of-title work in a declared state of emergency.

Reforms to the civil service appointment process would be especially helpful in the hiring of police and fire chiefs, water and wastewater operators and other highly technical positions of employment where there is a limited supply of qualified candidates.

 

Former and new Chamber of Commerce presidents give a nod to merging footsteps

By Joanne Beck

Tom Turnbull had déjà vu Thursday at Terry Hills in Batavia.

The formerly retired president and current interim president of Genesee County Chamber of Commerce didn’t think he would again be front and center at the agency’s annual meeting. Turnbull stepped in earlier this year for Erik Fix when he left the position to become assistant manager for the city of Batavia.

“It’s been a lot of fun,” Turnbull said Thursday to the room of attendees. “Now first thing that comes to mind from this year was the Chamber's 50th year anniversary … those of you that don't know the story, the Batavia Chamber of Commerce and the Leroy Chamber of Commerce merged in 1972, and they were smart enough to merge two chambers to make it not just the Batavia-LeRoy Chamber of Commerce, but a county wide Chamber of Commerce, and it was a great move, and that happened 50 years ago this year.”

He reminisced about the three celebration events the Chamber hosted, including an open house at the Chamber office on Park Road; a founding fathers reception with John Dwyer and Jim Benson representing the Batavia and Le Roy chambers, respectively; and the annual chamber awards dinner.

Other events have been an agricultural dinner; a popular Batavia-based Home Show; a golf tournament; ribbon-cuttings and welcomes to new businesses; and a monthly podcast.

“Obviously, these last two years have been a challenge for tourism, with the pandemic. But our staff has been very creative. And they’ve done a very good job and had to change their strategy a little bit for the past couple of years,” he said. “And this year, this is just an example of one of the things they did, we can't focus on international, or even our Canadian travelers, for the last couple of years, so we had to focus on more local, more day trip type of people that were coming into the county. And the dining guide was part of that. So we did a giant dining guide promotion and a lot of different portions of what's going on in the county.”

Those efforts seemed to pay off. Each household in the county would need to be taxed an extra $600 to replace the visitor-generated taxes received by New York State and local governments in 2021, he said. From lodging — at $17 million— to food/dining, retail and tourism payroll at $48 million, $16 million and $62 million, respectively — visitors will have brought an estimated $184 million to the county this year, he said.

As for business news, Quality Inn has been purchased and will be replaced by Holiday Inn and Candlewood Suites, he said. A $12 million renovation will re-open the site with a revamped hotel and Palm Island waterpark, he said.

“We have a lot of great hotels in this area. But that's really been the flagship hotel, and I think with the Palm Island, it's really important that that busy building doesn't stay there empty,” he said. “I think it's going to be really good for the community when they get better.”

He switched gears a bit from the work of the Chamber to the people of the Chamber, including veteran staff members Kelly Bermingham, and Kelly Rapone. He also introduced newly hired president Brian Cousins, who lives with his wife Cherie in Corfu.

“I think one of the things that we're really looking forward to next year is new leadership,” Turnbull said. “Brian Cousins is currently the director of accommodations at Six Flags, with over 25 years of dedication to helping families have fun and create lifelong memories. Holding various roles in marketing operations, entertainment and accommodations has provided him with a wide variety of skill sets throughout the hospitality, tourism and theme park industry.”

A humble Cousins admitted that Turnbull was a hard act to follow. The incoming president is looking forward to this opportunity with the chamber and Genesee County, he said.

“I’ve lived here for a very long time with my wife, over 25 years, we've lived in the county and it's been great. I look forward to meeting everyone as much as I possibly can,” Cousins said “I’m very humbled and very honored to be able to follow Tom's footsteps.”

Top Photo: Interim Chamber of Commerce President Tom Turnbull looks back over the past year during the agency's annual meeting Thursday at Terry Hills in Batavia; newly hired President Brian Cousins says a few words about his new role and the future; and Turnbull shows several photos of past community events. Photos by Howard Owens.

Law and Order: Batavia woman accused assaulting, abusing young child

By Howard B. Owens
Deborah Gorton

Deborah C. Gorton, 25, of Overlook Drive, Batavia, is charged with assault 2nd, aggravated sex abuse 2nd, and endangering the welfare of a child. Gorton is accused of assaulting a child and of sexually abusing the child. The child is reportedly less than seven years old. There were allegedly multiple incidents. Gorton was arraigned in the Town of Batavia Court and released on her own recognizance in accordance with New York's bail law. She was scheduled to reappear in court at a later date.

Brian Stover, 52, of Edward Street, Newfane, is charged with grand larceny 4th. Stover allegedly stole merchandise valued at $1,042.48 from The Home Depot in Batavia. 

Amari Chantelle Glass, 22, of East Water Street, Elmira, is charged with criminal trespass 2nd. Glass is accused of trespassing at Genesee Community College on Nov. 17 at 5:33 p.m. after previously being banned from the campus. She was released on an appearance ticket.

Photos: Batavians got busy this morning clearing snow

By Howard B. Owens

Dan Maxwell, outside Sacred Hear at Summit and Swan Street, was shoveling snow this morning, like a lot of Batavians were doing today after about a foot of snow fell overnight. 

A Winter Storm Watch remains in effect until 1 p.m. on Sunday.

Shalana Thomas shovels snow on Jackson Street while Trey Odom plays in the snow and Zuri Odom helps with the shoveling.

John Roche outside his store, Adam Miller Toys and Bicycles on Center Street.

Alex Bedford on South Swan.

State of Emergency declared as city, county and state leaders prepare and brace for predicted storm, commercial traffic banned on parts of Thruway

By Joanne Beck

Genesee County has gotten some attention from the Department of Homeland Security due to a severe weather watch for the next few days.

Department Commissioner Jackie Bray was heading this way to work alongside the county’s Emergency Management Services team, Legislature Chairwoman Shelley Stein said Wednesday evening.

The commissioner — whose most recent Twitter posts include news that Governor Kathy Hochul declared a State of Emergency -- planned to be embedded with county workers throughout the weather event, Stein said. Hochul's declaration Thursday morning was for 11 counties in New York predicted to be impacted by heavy lake effect snow.

The counties include Genesee, as well as  Cattaraugus, Chautauqua, Erie, Jefferson, Lewis, Niagara, Oneida, Oswego, St. Lawrence, and Wyoming. As of 4 p.m. Thursday, all commercial traffic had been banned on multiple state roads and state Thruway I-90 from Exits 46 to 61.

Citizens are to brace for the most heavy accumulations of up to four feet of snow in the Buffalo area. Hazardous travel conditions and local power outages may occur as a result of the combination punch of snow and wind that's been prevalent in weather forecasts. Hochul has urged New Yorkers to stay alert and avoid unnecessary travel Thursday evening (tonight) and Friday.

Several people have been dispatched to combat the elements, including 70 operators, seven supervisors, four equipment operator instructors, four mechanics, one operations manager and one support staff in the Western New York region, the press release stated.

The City of Batavia is prepared, Manager Rachael Tabelski said, and she has been talking with police, fire and public works departments, and county, utility and state leaders all day to ensure storm protocols are in place. Tabelski was glad to see that state roads and the Thruway are being partially shut down early as a proactive measure.

"I think shutting down truck traffic early is very helpful ... and rerouting trucks -- We just want to keep as many arterial roads open as we can," she said Thursday afternoon. "We will be determining early in the morning if we will close City Hall. We're hoping to remain open to serve all of our residents."

During talks with municipal leaders, Tabelski was reminded that commercial trucks that use the Thruway and other major highways have gotten stuck idling during intense storms, and that makes it nearly impossible for snowplow operators to do their jobs and clear snow. Rerouting that traffic well before a storm hits was a good move to help alleviate that issue, she said. 

All major department personnel from the police, fire, public works, snow removal and water and sewer plants will remain open Friday, but the mall market slated for Saturday has been canceled, and the Yard Waste Station will be closed this weekend as a precautionary step, she said. 

"I'm not saying we're rusty, but it's our first snowstorm (this season); we've got a great team in the city and county," Tabelski said. "Stay safe, stay home, use your generator outside and not inside, don't use stoves to keep warm, make sure you've got batteries ... don't light candles inside. We feel as prepared as we can be for one of these events."

As for feeling confident that a storm of the predicted intensity -- with quantity and speed of potential snowfalls -- Tabelski couldn't commit to that. "We just don't know," she said. But, per the popular adage, it's better to be safe than sorry.

She also wanted to extend a "thank-you" to those city, county and state employees that are out there in the middle of the night plowing and clearing roadways "so that we can live our lives" and remain safe.

Batavia City School District and all after-school activities will be closed Friday, Superintendent Jason Smith said. The Batavian will be publishing an ongoing list of closures and cancellations as they are received.

So hunker down, snuggle up, and get ready for some wintry weather to safely endure from inside.

File photo of January's snow clean-up, by Howard Owens.

Proposed new Tractor Supply off Lewiston Road part of bigger development plans for the area

By Howard B. Owens

The Town of Batavia Planning Board voted unanimously on Tuesday night to appoint itself the lead agency in the environmental review process for a new Tractor Supply location at 8727 Lewiston Road.

Tractor Supply is planning a 24,000-square-foot building to replace its current store at 4974 East Main Street Road.

Not only will the new location be larger, but Tractor Supply will also own the land and building.  The company leases the current location.

"The main effort is to expand into a larger space and be an all-inclusive store that competes more with The Home Depot, Lowes, and those types of stores," said attorney Ryan McCarthy.

Real Estate broker Tony Mancuso said previously that he has potential tenants already considering the former Tractor Supply location, so it may not go vacant long.

The current location is owned by 1515 Management Company Inc., which appears to be a company based in Iowa with principles living in Boca Raton, Fla.

Tractor Supply is acquiring 5.08 acres, a portion of a 50-acre farm field owned by the Call family and actively farmed by MY-T Acres.  The five acres will be divided into four parcels.

Tractor Supply will occupy a parcel 340 feet from Lewiston Road.  There will be another parcel between that parcel and Lewiston Road.  It's expected that the parcel, zoned commercial, will be developed at some point, as well as the other two parcels being acquired by Tractor Supply, but there are no firm plans for development at this point.

The new location will have 110 parking spaces, which is 10 fewer than required by ordinance, which means Tractor Supply will need to apply for and receive a zoning variance.

McCarthy said Tractor Supply, which operates nationwide, knows the flow of its business well, and the store will not need 110 spaces, which means less land to cover with asphalt.

Plans to convert the farm field into commercial development have been on the books for more than 20 years. As part of the project, Tractor Supply will start construction of a road -- initially a driveway into the new store -- that will eventually connect Lewiston Road to Veterans Memorial Drive on the north side of The Home Depot.

A planning board member asked if it will be necessary to install a traffic light at the new road and Lewiston Road, and Mancuso said, "not yet."  Not until a planned roadway is installed directly opposite the location that will connect Lewiston Road with West Main Street Road.  That vacant land, in the town's Comprehensive Master Plan, is designated for commercial development.

The proposed project will be back before the board in a month when the board will review the environmental impact report.

Law and Order: Jail inmate accused of violating order of protection five times

By Howard B. Owens

John Sumlin, III, 43, of West Main Street Road, Batavia, is charged with five counts of criminal contempt 1st. Sumlin is accused of violating an order of protection by contacting the protected party by telephone while being held in the Genesee County Jail.

Ronnie K. Johnson, 52, no permanent address, is charged with grand larceny 4th and burglary 3rd. Johnson was arrested on a warrant stemming from a criminal complaint reported at 7:15 a.m. Aug. 2 at a location on East Main Street. He was arraigned in City Court and ordered held in the Genesee County Jail. He is also charged with grand larceny 4th and conspiracy 5th, charges that stem from a criminal complaint filed on Aug. 19 at a location on East Main Street.

Nicholas J. Mruczek, 39, of Batavia, is charged with harassment 2nd. On Nov. 6 at 9:45 p.m., Mruczek allegedly physically harassed a woman during a dispute. He was issued an appearance ticket.

Benjamin A. Boyce, 41, of Batavia, is charged with dog running at large. Boyce is accused of allowing his dog to run at large at 8:35 p.m. Oct. 31 on Woodrow Road, Batavia. He was issued an appearance ticket.

William J. Galliford, 62, of Bergen, is charged with failure to appear.  Galliford was arrested on a warrant and arraigned in City Court and released on his own recognizance.

George J. Budzinack, 42, of Rochester, was arrested on a bench warrant after allegedly failing to appear in court as ordered. He was arraigned in City Court and released on his own recognizance.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is arrested in connection with a disturbance reported at 7:04 a.m. on Oct. 21 on Shady Lane in the Town of Batavia.

Connor Jenkins Rombault, 25, of West Avenue, Brockport, is charged with DWI, moving from lane unsafely, and speed not reasonable nor prudent. Rombault was stopped at 10:09 p.m. on Nov. 11 on Lake Street Road, Le Roy by Deputy Mason Schultz. Rombault was processed at the Genesee County Jail and issued an appearance ticket.

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