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Remembering John Kennedy, educator who shaped Batavia's school system

By Anne Marie Starowitz

John Kennedy was born in England on September 17, 1846. He was one of a family of 14 brothers and sisters. He moved to a farm in Iowa in 1875.  John served in the Civil War; after the war, he became superintendent of an Iowa school district.

In 1890 the Batavia School District asked Mr. Kennedy to come to Batavia and serve as superintendent for the village school system. He served as superintendent for 23 years. His system for the village school was known as the Batavia System. He believed that if children were stimulated, they could educate themselves. 

John Kennedy was also a famous author and had many books to his name. His book, The Genesee Country, was published in 1895, during his time as superintendent from 1893 to 1913.

John was a writer with quite a descriptive flair. The chapter I found very interesting was called "Patriot-Not Financier." In this chapter, John Kennedy was distraught. He did not want Robert Morris to be remembered as a financier of the American Revolution. In John Kennedy's eyes, Robert Morris was a patriot who wanted America to be independent. He wanted the American government to stand with the firmest foundation. To achieve this, Robert Morris put everything in jeopardy: his good name, his life, and his fortune. He was a signer of the Declaration of Independence. He rescued George Washington's troops in 1777 and prevented the army's dispersion by raising $50,000 of his own money for the war.

In Kennedy's opinion, if Morris had not appeared on the scene or had died during the struggle, the revolution would have collapsed.   It is upsetting to read that Robert Morris died in debtor's prison in the United States of America within a few years after the adoption of the Constitution, which he helped frame.    

We have a Constitution and a Union primarily because George Washington, Benjamin Franklin, and Robert Morris sat in the convention that devised our great document.

As John Kennedy ended his chapter on Robert Morris, he said, "We are living here on his beautiful farm, the famous Holland Land purchase, and more famous still by having had for its first owner the patriot Robert Morris." 

John Kennedy and Robert Morris are still remembered today, with the John Kennedy Intermediate School on Vine Street and the  Robert Morris Primary School on Union Street. What is impressive is that John Kennedy had the foresight in the 1800s to write about Robert Morris' legacy in the hopes that he would be remembered as a true patriot.  

John Kennedy has to be acknowledged not only for the many books to his name but for his outstanding reputation as the school superintendent for the Village of Batavia. His system emphasized individual instruction of students, which was copied by school districts nationwide.

County's smallest department kept travelers fed, warm, and safe during Winter Storm Elliott

By Howard B. Owens

Genesee County's smallest volunteer fire department shouldered a big burden during the pre-Christmas blizzard that blew through Genesee County a week ago, providing rest, warmth and food to about 60 people stranded in the area by the storm.

The Indian Falls Volunteer Fire Department has 12 members, but only six could muster the storm response because the rest were trapped in their homes by heavy snow.

For Chief Ed Mileham, the department's response began Friday morning, Dec. 23, when the dispatchers informed him that deputies had rescued two people and wanted to bring them to the Indian Falls Fire Hall to provide them shelter.

Sure, Mileham said, he would be to the hall in 20 minutes.

But getting there wasn't that easy. The storm was already blowing through the area and the passage from his home on Indian Falls Road to the fire hall on Route 77 was already covered in snow drifts.  It took close to half an hour for him to make the trip.

At 2 p.m., a couple more people arrived, then a few more, then a few more. 

"After a couple more people arrived, I called Lu (Lu Anne Mileham) and said, 'hey, can you put out a message to anyone available?'" Mileham said.

Dave Olsen said he couldn't get out of his yard, but Mileham spoke with another resident who had a snowplow, and he went and cleared a path for Olsen and his son Max.

With Max Olsen on board, the department could start participating in some rescues. 

"I started to get actual phone calls here at the Fire Hall," Mileham said. "'Hey, we're stuck here. We're stuck there.' Max went out, picked them up and brought them in. By five o'clock, I think we had 12 people here. By six o'clock, I called Lu and I said, 'Hey, can you do some sloppy joes up?' I said. 'I got 12 people down here,' but the time she got done making sloppy joes and I sent Max down to pick them up, and it was seven o'clock, and we had 20 people."

By midnight, the count was up to 40 people, and by Saturday morning, it was 60.

And it was quite a mix of people -- a group of young Asians, a couple from Munich, a couple from Poland, folks from California going to Niagara Falls, an ER doctor returning from work in Rochester to his home in Williamsville.  There were people from New Jersey, Pennsylvania, Ohio, Canada, and Maryland.

"It was a large number of people that were either coming from or going to Canada," Max said. "I think that might have been like a GPS thing. It wasn't the whole crowd by any means, but there was a definite consistency that they were all using their GPS, and it kept closing roads and redirecting them, so like, it seemed they kind of almost got funneled into this area."

The Indian Falls response to this influx of people was handled by Ed Mileham, Lu Anne Mileham, Dave Olsen, Max Olsen, Matt Delre, and Randy Filter.

The leadership came from Mileham, and Dave Olsen gives him all the credit for keeping things in order.

"We got a lot of comments that (the situation) was handled, probably, as best as it possibly could be," Olsen said. "With some of the people, they complimented the chief quite a bit for his professionalism and the way he kept everything in order and had a plan and kept things written down. You know, he had an organization. He thought ahead. He thought about getting the food and things that, Most of us were just thinking about, 'Oh, what's the next fresh hell is that this storm is going to bring?'"

No serious issues
In Oakfield, volunteers were called upon to deal with a couple of hypothermia cases that were very serious. Indian Falls was spared any dire medical cases but there was a woman who arrived at the hall from Oakfield. She has epilepsy and had left home without her medication. It had been more than eight years since she'd had a seizure.  After several hours, she informed Mileham that she was getting a headache, so he arranged for one of the convoys that were sweeping the area to pick up stranded motorists to transport her back to Oakfield.

Then there was the guy who showed up in a kevlar vest packing a sidearm.

It turns out he is private security for a company in Rochester.

"He walked in, and there were like five deputies, and one was Joe Graff (the chief deputy of investigations)," Mileham said. "He comes walking in. He's got his bulletproof vest on. He's got his pistol on. It's like two o'clock in the morning. 'Whoa, wait, who are you? Let's see your permit.' Had no ID. No wallet. Nothing."

He had left his wallet in his car.

The deputies took his vest and gun and secured it, and told him he could pick it up Monday at the Sheriff's Office.

"The guy said, 'Hey, I've got no problem with it. I'll see you Monday or Tuesday.'"

That level of cooperation was apparent throughout the two days folks were stranded at the Indian Falls Fire Hall, Mileham said.  People just got along and cooperated.  

The first night's sleeping arrangements weren't ideal. Since the number of travelers coming through the area was unexpected, Indian Falls wasn't quite prepared to host 60 people.  There were no cots or blankets on hand.

Fortunately, the hall's floor is heated.

"Everybody said that, once they got laid on the floor, they were pretty warm and comfortable," Mileham said.

The Red Cross delivered cots and blankets on Saturday so the second night at the shelter was a bit more comfortable.

Feeding sixty unexpected guests
The hard part was food.

Lu Anne Mileham hadn't exactly prepared to feed 60 travelers, but with the storm coming, she had stocked up in case she needed to feed department members.

"On Wednesday or Thursday, I happened to be at BJs and I thought, you know what, I'll pick up a couple of loaves of bread, some chips, some lunch meat and stuff," Lu Anne said. "I'm thinking if our guys get caught here, at least we'll have that, and we've got water and soda in the fridge, so but at least they'll have something to eat a little bit."

She also had some supplies at home, and with some kids in the hall, a couple of boxes of mac and cheese came in handy.

On Saturday morning, Mileham contacted Crosby's in Corfu and ordered six sheets of breakfast pizza.

Later that day, he ordered pizza from a new pizza shop in Corfu, and by then, he was aware that some of the Indians in the group were vegans, so he had to get some meatless options.  One guy wanted a white sauce pizza, too, so Mileham ordered a pizza with white sauce.

The one difficulty Mileham couldn't solve for one of his department's guests was getting the Buffalo Bills game on the TV.  Spectrum was out of service during the storm.

"He goes, 'really?' I go, 'Hey, I'm with you. If you can get it on your phone, great."

When The Batavian told Tim Yaeger, Genesee County's emergency management coordinator, that we were doing a story about the storm response of the Indian Falls Volunteer Fire Department, he texted back immediately, "Ed and Lu Anne Mileham specifically are truly amazing people.  From working the COVID vaccination site at GCC to covering calls in the West Battalion on a daily basis, we would be lost and in trouble without them."

It turns out, so would have been a bunch of people from throughout North America and Europe on Dec. 23 and 24 when Winter Storm Elliott hit Western New York.

See previously: 'Fast Eddy' hangs up badge after 32 years of police work

Top photo: By Howard Owens, of Max Oslen, Dave Olsen, Lu Anne Mileham, and Ed Mileham.

Photos below, courtesy of Ed Mileham.

Law and Order: Two people accused of attempting to smuggle contraband into jail

By Howard B. Owens

Jose A. Rivera, 36, of Batavia, is charged with criminal contempt 1st, attempted promoting prison contraband 1st, and Ida M. Vanorden, 36, of Swan Street, Batavia, is charged with conspiracy 5th. Rivera and Vandorden are accused of conspiracy along with an unknown male, to introduce contraband into the Genesee County Jail. The contraband was intercepted by corrections officers on Dec. 26. Rivera is accused of violating a stay-away order of protection. Both Rivera and Vanorden were issued appearance tickets.  The investigation is ongoing, and deputies are attempting to identify the third suspect. Any person who may have additional information are requested to contact Deputy Nicholas Charmoun at (585) 345-3000, ext. 3258

Ledeja K. Wright, 32, of Maple Street, Batavia, is charged with torture/injure animal/fail to provide sustenance. Wright is accused of leaving a dog in an apartment after moving out and failing to provide sustenance to the animal. The incident was reported Nov. 30. Wright was arrested Dec. 15. She was arraigned in City Court and released. The dog is at the Animal Shelter. 

Vicki Lynne Manns, 52, of Brookville Road, Alexander, is charged with menacing 2nd, criminal possession of a weapon 4th, assault 3rd, and harassment 2nd.  Manns is accused of throwing a tray at a person, causing an injury. She is also accused of pointing a firearm at the same person. She was issued an appearance ticket.Robert L. Drennen is charged with criminal mischief 3rd. Drennen is accused of causing damage to a residence in the City of Batavia on Dec. 23. He was released on an appearance ticket.

Julie R. Richardson, 31, of Batavia,  is charged with grand larceny 4th, petit larceny, conspiracy 5th and tampering with evidence. Richardson is accused of stealing from a vehicle on South Main Street, Batavia, on Nov. 16. Richardson was arrested after an investigation by Officer Nicole McGinnis.

Andrew A. Crimes, 50, of West Main Street Road,  Batavia, is charged with criminal contempt 1st and aggravated family offense. Crimes is accused of violating an order of protection by contacting the protected party on Dec. 9. He was arraigned in City Court and released.

Deanna L. Yox, 37, of Clifford Street, Buffalo, is charged with petit larceny. Yox is accused of stealing from a business in Batavia in February 2020. She was arrested Dec. 21 following an investigation by officers Felicia Martinez and Wesley Rissinger. Yox was released on an appearance ticket.

Malinda J. Falk, 41, of East Main Street, Batavia, is charged with harassment 2nd and criminal obstruction of breathing/blood circulation. Falk is accused of attacking another individual on Dec. 17 at a location on East Main Street, Batavia. Falk was arraigned in City Court and released on her own recognizance. 

David L. Weaver, 32, of Atlanta, Illinois, is charged with harassment 2nd. Weaver is accused of striking another person during a disturbance on Dec. 10. He was released on an appearance ticket.

Dustin T. Forkell, 31, of Holley, is charged with petit larceny and false impersonation. Forkell is accused of stealing property from a local business on Dec. 11 and fleeing. He was located at another business in the Town of Batavia, at which time he allegedly provided a false name to officers. He was arrested, processed at Batavia PD, and issued an appearance ticket. The incident was investigated by officers Wesly Rissinger and Megan Crossett

An 18-year-old of Washington Avenue, Batavia, is charged with assault 3rd and criminal mischief. An 18-year-old resident is accused of attacking another person on Dec. 14 with an iPad, causing an injury. The youth was arraigned in City Court and released. 

Brittanee J. Hooten, of State Street, in Batavia, was arrested on two bench warrants after having failed to appear on an appearance ticket on prior arrests. Hooten was arraigned on Dec. 14 in City Court and released. 

Karrie A. Morrow, 40, of Summit Street, Batavia, was arrested on several outstanding Bench Warrants. Morrow was arrested on Dec. 14 after she was located during an unrelated incident. The warrants stem from several petit larceny cases at local businesses. Morrow was arraigned in City Court and released under supervision.

Jeffrey M. VanEpps, 45, of Albion, is charged with criminal mischief and attempted assault 3rd. VanEpps was allegedly involved in a disturbance at a business on West Main Street on Dec. 14. He was arraigned in City Court and released.

Jacob A. Richards, 34, of Rochester, is charged with possession of a forged instrument 1st and grand larceny 4th. Richards allegedly passed a forged check at a local bank. He was arraigned in City Court and ordered held on bail.

Terrance L. Falk, 24, of North Street, Batavia, is charged with criminal mischief 4th and assault 3rd. Falk was allegedly involved in a disturbance on an unspecified date in the City of Batavia. After initially fleeing the scene, according to police, he was located and taken into custody without incident. He was arraigned in City Court and released on his own recognizance. 

Byron K. Bell, 53, of Rochester, is charged with criminal possession of stolen property 3rd, aggravated unlicensed operation 3rd and speeding. Bell was stopped on Dec. 11 in the City of Batavia by Officer Josh Girvin and Officer Bryan Moscicki. Bell was allegedly driving a stolen vehicle while on a suspended license. He was arraigned in City Court and jailed.

Harry R. Silliman, 58, of Batavia, is charged with trespass. Silliman was allegedly on property on Maple Street without permission. He was arrested and issued an appearance ticket.

Zakara R. Jackson, age 19, of Trumbull Parkway, Batavia, is charged with bail jumping 2nd and failure to appear. Jackson was arrested on a warrant on Dec. 8 He was arraigned in City Court and released under supervision.

Daquan J. Butler, 26, of Ross Street, Batavia, is charged with petit larceny.  Butler is accused of stealing an iPhone 13 from another person on Ross Street on Dec. 3. He was arraigned in City Court and released.

Raymond Lunday Kelley, of Oak Street, Batavia, is charged with a false written statement. Kelley allegedly provided law enforcement with a false written statement related to an incident reported at Batavia Downs at 11:59 p.m., Dec. 16. He was released on an appearance ticket.

Douglas Wayne Logsdon, 74, of Big Tree Road, Pavilion, is charged with endangering the welfare of a child and harassment 2nd. Logsdon allegedly threw items at a person while a child was present during an incident reported at 5:41 p.m., Dec. 16 at a location on Big Tree Road, Pavilion. Logsdon was arraigned in Town of Pavilion Court and released.

Rachel B. Solomon, 30, of North Lake Road, Pembroke, is charged with criminal contempt 2nd and harassment 2nd. Solomon is accused of violating an order of protection by harassing an individual at 1 p.m. on Dec. 22. She was arraigned in Town of Pembroke Court and ordered held without bail. Solomon is also charged with aggravated criminal contempt, assault 3rd, and endangering the welfare of a child. The charges stem from an incident reported at 2:45 a.m., Jan. 2, at a location on Meadville Road, Tonawanda Indian Reservation. Solomon was jailed pending arraignment.

Joseph Michael Morelli, 54, of Orchard Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Morelli was allegedly found to be intoxicated at 2:02 p.m., Dec. 14, while at the Genesee County Probation Department on Main Street, Batavia, and arrested by Deputy Jonathan Dimming. Morelli was released to a third party on an appearance ticket. 

Adam Joseph Pape, 35, of Morrow Road, Pavilion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving without an interlock device, and drinking alcohol in a motor vehicle on a public highway. Pape was stopped at 8:11 p.m., Dec. 30, by Deputy Zachary Hoy and released on an appearance ticket.

Nia Hanevin Spring, 23, of Griffin Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd and grand larceny 4th. Spring was arrested on Dec. 30, processed at the Genesee County Jail, arraigned in Town of Alabama Court, and released under supervision. 

Ronald Charles Inzinna, 54, of Le Roy, is charged with criminal mischief and harassment 2nd. Inzinna is accused of subjecting another person to unwanted physical contact and preventing that person from contacting 9-1-1 during an incident reported at 6 p.m., Dec. 30, at a location on East Main Road, Le Roy.  Inzinna was arraigned in Town of Stafford Court and released on his own recognizance. 

Arthur James Felski, 45, of Tonawanda Indian Reservation, is charged with harassment 2nd. Felski was charged following an investigation into an incident reported at 3:25 p.m., Jan. 1, in Basom. He was arraigned in the Genesee County Centralized Arraignment Court and released on his own recognizance.

Lancers community pulls together to shelter 50 travelers

By Joanne Beck

Editor’s Note: At the risk of seeming redundant, The Batavian believes that Winter Storm Elliott easily became the biggest story of 2022, and there are many people, groups, businesses, and municipalities that are deserving of the spotlight for their contributions to assist the hundreds stranded in Genesee County during the Christmas weekend. This is another of those stories.

There have been stories of rescue involving fire halls, a community center, hotels, a church, and now, one of the schools that stepped up to help people during Winter Storm Elliott.

As the storm invaded portions of Genesee County on Dec. 23, Elba Volunteer Fire Department member Mandy Esten contacted Elba Central School Superintendent Gretchen Rosales about using the school as a warming shelter.

“As the superintendent of Elba Central, I've firmly stood behind my belief that the school is the center of our small community and that it belongs to all of the people of Elba,” Rosales said to The Batavian Saturday. “If it can be used as a source of shelter and comfort during a treacherous storm, all the better. The systems that a school already has in place are a natural fit for dealing with a crisis; we already provide food, shelter, warmth, and comfort to our students.

“This was an easy decision,” she said. "I reached out to my leadership team, as well as the Board of Education, to inform them that the school would be used as a warming shelter for those who were stranded or in need of a warm place to stay due to loss of power.”

From that moment on, Rosales witnessed a barrage of generosity and leadership from school staff about the clothing closet, a collection of personal hygiene items, and blankets and wheelchairs in the school nurse’s station; from the Elba Betterment Committee which made food for the stranded travelers; and a tech-savvy student who streamed cartoons for children on a screen in the cafeteria.

“The Elba community is incredible, and I'm so thankful for the great relationship we have with the Elba Fire Department. Mandy is a rockstar and coordinated things inside the school,” Rosales said. “My phone was ringing non-stop with offers for help and supplies. Initially, the onset of the storm provided us with a challenge as we were unable to mobilize a big response.  But via phone messages, texts, and picture messages, I was able to help Mandy get the coffee going and to tell her where they could find additional coats and warm clothing.”

Kim Walczak, who is the district’s acting cafeteria manager, arrived the next morning and made breakfast while yet another student shared that the yoga mats in Mrs. Morgan's classroom would make great sleeping mats, Rosales said. 

“Teachers and other staff members, as well as parents, were texting and emailing constantly, asking how to help from afar,” she said. “It was really a collective effort, which is what our school and community is all about.”

City of Batavia Police staff brought more cots and blankets for the community by that Saturday, Christmas eve.  They also dropped off food “from so many businesses that wanted to help out,” she said.   

Rosales estimated that at least 50 travelers were hosted at the school. And as she, and many others, learned, it evolved into more than a place for education.

“A school is not just about the building where the learning happens; they offer comfort and care,” she said. “Even though the storm was a scary experience for so many, I'm glad that Elba Central was able to be a shelter for those who needed it.”

Although this storm has been cited as being worse than the dreaded blizzard of ’77, at least one online poster sees a positive difference.

“Wow, they never did that when I went to school in the 60s and 70s! Glad they are now!” he wrote on the district’s social media page.

Travelers sidetracked by winter storm have 'best Christmas ever'

By Joanne Beck

Editor’s Note: At the risk of seeming redundant, The Batavian believes that Winter Storm Elliott easily became the biggest story of 2022, and there are many people, groups, businesses, and municipalities that are deserving of the spotlight for their contributions to assist the hundreds stranded in Genesee County during the Christmas weekend. This is another of those stories.

Try to imagine yourself on a trip, excitedly going to visit family for the holidays.

Only you get stuck in a big snowstorm and have to hang out with a bunch of strangers and quite possibly sleep on the floor.

That was no imaginary scenario last weekend for the more than 100 people stranded at Grace Baptist Church. And their response was anything but expected, Pastor Jeff Bartz says.

“Strangers became like friends and family; we genuinely enjoyed each other,” he said Friday. “People were generally overwhelmed by (those who came to help).”

As Dec. 23’s storm became more apparent and dangerous, county officials began to organize warming shelters for stranded motorists. Sheriff Bill Sheron reached out to Grace Baptist in Batavia to see if the Vine Street site could be a shelter. There was no hesitation, Bartz said.

“We were excited just to be able to help,” he said. “We were waiting in the foyer, and people started coming. Once they started … it started flowing.”

His wife Jami added that “We grabbed all of our extra blankets, cereal and milk from home” and then shuffled people into various rooms at the church. They put the call out that they were accepting stranded travelers. And those travelers continued to arrive, easily surpassing 100 by Friday evening, she said.

The couple reflected on a scripture referring to God being a shelter in the storm, and the church was literally transformed into just that. And in quite the storm. By all accounts from area rescue workers, including Jeff who is with the International Guard Reserves, Elliott far surpassed others, including the blizzard of '77. Genesee County took in more than 700 travelers from Dec. 23 to 25.

Although most Grace Baptist visitors had their vehicles in the nearby parking lot — unlike so many others who got stuck in snow — they not only stayed for safety's sake but come Christmas morning, also for a stunning reason, Jeff said.

Travelers asked if he would perform a service that morning, and so he prepared one. Focusing on the first chapter of Luke, he talked about the aspects of God’s love, many of which had been demonstrated for all to see that weekend, Jeff said.

“So we gathered in our sanctuary and sang the timeless, treasured carols we all know and love. We read and reflect on God’s love for us in sending His Son, Jesus, to save us from our sin … and how God shows through the Christmas story that He is mindful of us, mighty over us, and merciful to us,” he said. “We were literally experiencing those truths while we weathered the blizzard in the warm safety of our Christmas storm shelter.

“Immediately after the service, we were informed the travel ban was lifted,” he said. “But some didn’t want to leave. We hugged each other, cried together, exchanged contact information, and stuck around and took pictures together. We didn’t want what many called ‘the best Christmas ever’ to end.”

Yes, after all of the potential anger, frustration, irritation and disappointment that travelers could have reasonably felt, they instead seemed to grasp the moments of true caring for one another, he and Jami said.

“It was a representation of the true meaning of Christmas,” Jami said. “It was one of those unique opportunities to be presented for people to do something. It was Christmas, but life stopped for everybody at Grace Baptist, and they just rallied.”

Community and church members pitched in with homemade meals, Batavia’s Original sent over several pizzas, Salvation Army sent over food, American Red Cross sent cots, county and city officials worked to get supplies, food and water to the shelter, and even the Bartz’s two younger sons, Michael, 16, and 14-year-old Timmy, hung out and played with the kids, and set up coffee and hot chocolate.

Timmy imagined how it would feel to be in their position.

“I thought it would probably stink,” he said.

With holiday movies playing, dozens of strangers mingling, three dogs, a cat, and an albino ball python added to the mix, it was, indeed, a good Christmas for folks such as Nick and Marijana Bankovic, who were traveling from New York City to Canada with their kids Emilija and Jovan when they got stuck in Batavia due to the winter storm

They were some fo the many people who sent notes to thank Grace Baptist for its hospitality. They also wanted to share a snippet of their time at Grace with The Batavian after feeling “like everything that could possibly go wrong was happening,” the couple said.

“The kindness, help and warmth that I have seen from everyone from the stranded travelers, the members of the church, Batavia law enforcement, the residents and business of Batavia and the surrounding community brought tears of joy to my eyes,” they said in an email. “The below-freezing cold weather, the blinding snowstorm, running low on gas, food and drinks, driving five miles per hour, falling into the ditch, slipping and falling down, hurting my back and elbow at the McDonald’s rest stop area on I-90 near Rochester … It took the Batavia community and fellow travelers to show me no matter how many bad things happen there will always be good warm-hearted people who are willing to do what they can to help and make things better.” 

Photos of travelers stranded from Winter Storm Elliott during Christmas 2022 weekend taking refuge at Grace Baptist Church in Batavia; eating, talking, joking, playing and enjoying time with one another. Photos submitted by Jeff and Jami Bartz.

Photos: First Night 2023 in Le Roy

By Howard B. Owens

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

Photos by Nicholas Serrata.

 

 

David Bellavia seeks to dismiss and seal portion of federal lawsuit filed by ex-wife

By Howard B. Owens

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.

Thruway Authority says 'no one should’ve been traveling' when Winter Storm Elliott hit

By Howard B. Owens

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

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

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

In another story published that same day, we reported:

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

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

Mazurowski wrote:

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

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

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

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

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

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

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

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

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

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

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

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

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

A real Christmas story: Oakfield GOOSE provides shelter to weary travelers

By Joanne Beck

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Health Department offers 'Year in Review' report

By Press Release

Press release:

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

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

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

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

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

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

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

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

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

Holland Land Office Museum closing for first three weeks of new year

By Press Release

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.

Hawley thanks emergency responders for efforts during Winter Storm Elliott

By Press Release

Press release:

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

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

GC Health Department launches 'Healthy Neighborhoods'

By Press Release

Press Release:

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

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

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

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

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

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

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

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

By Joanne Beck

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

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

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

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

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

Meanwhile, others just celebrated getting out of their vehicles.

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

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

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

Stranded travelers

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

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

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

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

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

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

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

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

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

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

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

Generous hosts

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

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

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

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

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

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

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

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

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

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

Welcomed reprieve

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

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

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

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

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

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

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

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

Tow truck operators: The unsung heroes of clearing traffic and getting travelers back on the road

By Howard B. 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.

Community rallied around volunteers and storm victims during Elliott

By Howard B. Owens

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

That they would find somebody dead in a car.  

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

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

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

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

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

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

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

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

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

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

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

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

He praised dispatchers for helping triage stranded motorists.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Near whiteout conditions outside Alabama Hotel.

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

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

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

County officials thank responders and community for team work during Winter Storm Elliott

By Press Release

Press release from Genesee County:

Over the Christmas weekend, our community was ravaged by a historic blizzard that challenged locals with lake effect snow, strong wind and wind chills from -10 to -25 degrees.

Holiday travelers from near and far found their vehicles in ditches, snow banks or in the driveway of a stranger. Essential services provided by the Genesee County Sheriff’s Office, the Genesee County Emergency Dispatcher Center, Genesee County Emergency Management Services, and the Genesee County Highway Department were at the ready to ensure all travelers were protected and safe.

Genesee County Sheriff William A. Sheron, Jr. was incredibly grateful and proud.

“Thank God for the dedicated first responders of Genesee County," Sheron said. "Undoubtedly, dozens of lives were saved due to the heroic actions of all of our first responders who put their lives on the line during this historic blizzard of 2022. They worked around the clock, days on end, answering and responding to 9-1-1 calls to ensure that our community was safe and no one’s loved one became a statistic.”

Sheriff Sheron went on to say, “I am extremely proud of the men and women of the Genesee County Sheriff’s Office along with all Genesee County’s agencies and volunteer fire services. These are dedicated, passionate residents that give everything to their community. There’s truth to the saying, ‘When bad things happen, first responders are there, 24/7, through all types of weather and circumstances; no questions asked.’

"Should you see a first responder, please take the opportunity to thank them for their unwavering dedication," Sheron added. I would also like to thank all the community members that stepped up and provided safe warming shelters for hundreds of individuals that were stranded by the storm. To those businesses and individuals that dropped off food and bottled water, you provided much-needed supplies for our employees that hadn’t eaten in several hours. Thank you all!”

Tim Yaeger, Genesee County Emergency Management Services Coordinator, called attention to the importance of first responders in our community. 

“It was an extremely stressful and dangerous event for the dispatchers, law enforcement, fire and Emergency Medical Services," Yaeger said. "The dispatchers had far more calls for help than available resources. Law enforcement and fire service would not give up or stop until every person was accounted for. They are all heroes in my book! They risked their lives for over 24 hours to rescue every person. Community leaders, individuals and business owners demonstrated generosity, blind trust and compassion by opening their homes, businesses, and warming shelters to ensure 700 travelers were out of harm’s way. Volunteer fire and EMS, church, and local businesses spent three days away from their families to care for complete strangers. The stories of compassion and dedication to never stop helping others in need of rescue is what makes the first responders of Genesee County our most cherished resource.”

Genesee County Highway Superintendent Tim Hens was astonished by the heroism he experienced.

“I'm struck by the commitment, dedication, loyalty, and humanity of all of the rescuers," Hens said. "Whether paid professionals or volunteers, people literally putting their lives at risk over and over to save mostly people they've never met and will most likely never see again.

"It was frustrating to not make progress at times," he added, "getting turned back over and over by impassible roads, insurmountable drifts, but everyone was trying to make a difference. No one gave up, they just tried another route. People opened their houses. People opened their businesses. Everyone worked together even though it was confusing and stressful. ”

Genesee County Manager Matt Landers wanted to recognize the people of this community and county officials who helped navigate this storm.

“There are so many people to thank from the community that stepped under difficult circumstances to save lives," Landers said. "First, I want to recognize and thank Sheriff Sheron, Tim Yaeger and Tim Hens for their leadership during the storm. Each of their respective operations played critical roles throughout the storm, and the way in which all three operations worked together was impressive. Next, I want to thank all of the law enforcement professionals, first responders, dispatchers, volunteer firefighters and snow plow operators that all worked tirelessly to save lives.”

He went on to say, “Thank you to all of the local and surrounding municipalities that helped with resources, equipment and manpower, including the City of Batavia, Orleans County and Livingston County. While there are so many people that stepped up to help, it’s impossible to list them all by name. However, I want to give a special shout-out to Nate Fix, Tony Johnston and members of the Genesee SnoPackers organization that came out with their ‘Tucker’ vehicle, which proved to be instrumental in saving lives by reaching people that other vehicles couldn’t get to.

"Thank you to the volunteers at the various warming shelters," he added, "the people who opened up their homes to strangers and the people that opened up their kitchens and cupboards with donated food for those stranded. While this storm will be remembered for the impressive winds and snowfall, I will always remember this storm by the bravery exhibited and the community coming together to care for one another. I am so proud to say I am from Genesee County!”

Shelley Stein, Chair of the Genesee County Legislature, could not be more thankful for her community.

“Bravery, courage, dedication, and compassion - all characteristics demonstrated by our community members, volunteers, and leaders during this past weekend," Stein said. "Genesee County is well known for our cooperative spirit and creativity in getting the work accomplished together. Our community, once again, jumped into action and shared their skills and talents to save lives and provide comfort to many. Our volunteer fire service members are our backbone of public safety in events like Storm Elliott. Untold hours, risks, and determination prevented deaths in our county. THANK YOU, simple and sincere from a grateful Genesee County Community.” 

Submitted photos.

Photo: After the Storm

By Howard B. Owens

Outside the Jerome Center. Photo by Carrie Lawrence.

Chimney fire reported on Indian Falls Road

By Howard B. Owens

A chimney fire is reported at 1279 Indian Falls Road, Pembroke.

No flames show but there is smoke in the residence.

Pembroke Fire, Indian Falls Fire, and Corfu Fire dispatched.

UPDATE 3:12 p.m.: Crittenden asked to standby in Corfu's hall to standby for anything in Corfu, Pembroke, or Indian Falls.

UPDATE 3:16 p.m.: National Grid requested to the scene to cut power.

UPDATE 3:19 p.m. Tankers from Darien and Alabama requested to the scene.

UPDATE 3:26 p.m.: "It looks like we're getting a knock on the fire."  Crews are pulling exterior walls to check for extension.

UPDATE 3:38 p.m.: Red Cross shelter requested for two adults.

UPDATE 3:49 p.m.: Fire is out. Starting overhaul.

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