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Press Release

GO ART! invites the community to support Tom Turnbull and Howard Owens as they battle it out for Ultimate Celebrity Bartender at the GLOWville Afterparty, following Christmas in the City. They will be testing their skills behind the bar at GO ART!’s Tavern 2.o.1, located at 201 East Main Street, Batavia, from 6:30 to 9:30 p.m. on Saturday, Dec 3rd.  The event is open to the public for anyone 21 and older. 

Turnbull, graduate of the Syracuse University’s Newhouse School of Journalism, started out at the Batavia Newspapers Corporation in 1975.  He spent nights writing about high school sports and worked in advertising during the day, eventually working his way up to Publisher.  Turnbull says that he “looks forward to getting together with Howard" and is hoping they both can raise money for GO ART!

Owens, current Publisher/Executive Editor of the Batavian, started his career in 1986.  He has worked with various publications, holding positions of Daily Newspaper Reporter and Editor, Director of New Media, and Director of Digital Publishing.  “Tom’s become a good friend,” Owens says, “but it will be fun to renew our old rivalry for a good cause.  It should be fun for everybody.”

The contenders have plenty of experience in journalism, but how will they fare behind a bar?  Serving a selection of locally made or sourced beer, wines, meads, and ciders, the pair will be in competition to earn the most tips, bragging rights and title of Ultimate Celebrity Bartender. All proceeds go to support GO ART!’s many public programs.

For more info visit goart.org or contact info@goart.org

Submitted Photo of Tom Turnbull, left, and Howard Owens rehearsing a pour.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Photos by Howard Owens.

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

Photos by Philip Casper.

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

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

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

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

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

Photos by Howard Owens.

PRESS RELEASE

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

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

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

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

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

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. 

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.

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.

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.

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.

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.

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.

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."

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.

 

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

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.

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.