Press release:

The City of Batavia Water Department is on location of a water main break in front of 129 Walnut St. The water has been turned off on Walnut Street from the railroad tracks to the City line, and also on Law Street. We appreciate your understanding while this repair is made. City crews will make every attempt to restore water as soon as possible.

A possible structure fire is reported in the area of 167 Oak St. in the city. Heavy black smoke is reported in the area. City fire is responding. A firefighter in the vicinity reports nothing visible.

UPDATE 8:42 a.m.: Firefighters are at the scene investigating, but on initial search can see no smoke or fire.

UPDATE 8:45 a.m.: All units back in service.

A motor-vehicle accident with injuries is reported on Route 20 at Tinkham Road, Darien.

Darien fire and Darien ambulance responding.

UPDATE 10:42 p.m.: Minor injuries reported.

Frank Capuano sent in the sunset picture and the rainbow picture was submitted by a reader.

The water level on the Tonawanda Creek, as measured by the station behind the Genesee County Courthouse, peaked at just under 10 feet at about 8 p.m. and started to recede by 9 p.m., according to measurements captured by the USGS.

A flood alert remains in effect until Saturday morning.

Reliant Real Estate is hosting two open houses this Saturday. Stop in and ask Lynn Bezon any questions you may have.

For more information on 13 Woodcrest Ave., please click here. For more information on 9206 Batavia-Stafford Townline Road, click here. Call Reliant Real Estate today. We'll help you find the perfect home!

A 23-year-old Le Roy man was charged with DWI after a report last night that a car he was driving went off the roadway on Kenney Road, into a swamp and struck a tree.

Kodey Richard Mills, of Myrtle Street, is also charged with driving with a BAC of .08 or greater, moving from lane unsafely and driving without insurance.

The accident was reported at 10:02 p.m.

Mills was released on an appearance ticket.

The accident was investigated by Deputy James Stack.

Press release:

Congressman Chris Collins (NY-27) today proudly voted in support of the National Defense Authorization Act (NDAA) for FY18.

“Today’s strong bipartisan effort provides our servicemen and women with the resources and funding they need to defend our nation here at home and abroad,” Congressman Collins said.

“The NDAA for fiscal year 2018 will enhance our missile defense research efforts, rebuild our military, and deliver a well-deserved pay raise for military members and their families. This bill ensures we’re taking care of our armed forces and also sends a strong message to the world — we’ll do whatever is necessary to keep America safe.”

The NDAA for FY18 funds a number of the national defense priorities outlined in President Trump’s FY18 Budget request, including:

• Authorizes $621.5 billion for base national defense spending;
• Increases missile defense funding by $2.5 billion;
• Provides a 2.4-percent pay increase for military members;
• Includes an additional $10 billion in Overseas Contingency Operations (OCO) funding;
• Answers the Army, Air Force, and Navy’s request for thousands of additional personnel;
• Ends the defense sequester.

For more information on H.R. 2810, the National Defense Authorization Act of FY18, click here.

A motor-vehicle accident with unknown injuries is reported at West Main Street and Lewiston Road, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 5:19 p.m.: Minor injuries. Traffic is blocked.

UPDATE 5:22 p.m. Vehicles have been moved to a parking lot. Once firefighters clear up a little debris, traffic should return to normal.

A combine is on fire inside a building at 193 Bloomingdale Road, Alabama. Alabama Fire Department is responding along with another engine from Pembroke; Akron is asked to fill in at the fire hall.

UPDATE 3:26 p.m.: Akron Engine 4 is on scene. "Pretty much the fire is out already," says command.

UPDATE 3:29 p.m.: A subject inside the building has possibly suffered some smoke inhalation. A Mercy medic unit is called to respond in non-emergency mode.

This photo of the nearly cresting Tonawanda Creek was taken about 20 minutes ago on Law Street by Howard from his cell phone.

The creek has been rising all day. The National Weather Service predicted earlier today that the Tonawanda would crest at 9.4 feet this afternnoon. Flood stage is considered to be 9 feet.

Tom Lichtenthal, assistant engineer for Town of Batavia, was also out at the Law Street bridge and reported that the water level now is 9.85 feet and it is expected to crest within the hour at 10.4 feet. Afterward, the waters will start to recede.

He said no major flooding problems are expected. 

But he said engineers are concerned about a large tree trunk that is floating, but lodged in the creek. They are concerned that it could wedge free and float downstream to where the River Street Bridge project is underway.

A natural gas main under the bridge has been lowered by three feet to accommodate summer construction, when rains this heavy are not typical. There's some worry that large floating debris -- like a big tree trunk -- could strike and damage the gas line. So a crew from National Fuel is on scene now, working to raise the gas line to where it normally would be, says Lichtenthal.

Impacted areas of flooding also include Kibbe Park and Walnut Street. Below are photos taken a few minutes ago at Kibbe Park. 

Three more pictures added -- River Street Bridge area and behind the courthouse.

The path to a Sheriff's road patrol often passes through the Genesee County Jail for career-minded folks interested in law enforcement, and Darrell Klein thought that would be the path he would take when he signed on as a corrections officer 24-and-a-half years ago.

It didn't take him long, though, to figure out the jail was where he could do the most good.

"I liked the people," Klein said. "I liked the challenge, the feeling that I was doing something that mattered. People misunderstand what inmates are all about. They think they are bad people. They're not. There are a lot of good people here who made bad choices. It's nice to be able to help them when I can."

He said he will be look back at several memories where he feels he made a difference in people's lives. 

"Those are good feelings," he said.

Today was Klein's last day on the job.

"It's time to pass the torch to somebody else," he said.

City police are responding to a residence on Ellicott Avenue for a person complaining that "their neighbor's dog is using their lawn as a bathroom."

The following people were arrested by the Genesee County Sheriff’s Office during the Vans Warped Tour Concert at Darien Lake Performing Arts Center on Thursday:

A 16-year-old, of Lake Avenue Lancaster, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas A. Soares, 31, of Smoral Road, Camillus, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zackery K. Johnston, 21, of Kingsley Road, Rochester, is charged with criminal trespass, 3rd, after allegedly entering the fenced in pit area of the venue without permission.

Brittany L. Dumsar, 24, of Anytrell Drive, Webster, is charged with criminal trespass, 3r,d and harassment, 2nd, after allegedly reentering the concert venue after being ejected and then spitting in a Live Nation employee's face.

Joseph N. McCarthy, 23 of North Road, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

At 9 a.m., the water level of the Tonawanda Creek, measured behind the courthouse, was 8.5 feet and rising, according to the National Weather Service.

Flood stage is 9 feet.

The creek is expected to crest at 9.4 feet this afternoon.

Impacted areas include Kibbe Park, Law Street and Walnut Street.  

Also, expect flooding in the rural areas of Alexander and the Alabama Swamps.

The 13th annual Taste of Stafford was Thursday, where residents gathered in the Stafford Fire Hall to enjoy music and food, for the fund-raising event hosted by the Stafford Historical Society.

The venue was changed from Illette Park due to rain. Last year it was also switched to the Fire Hall -- because of extreme heat. But those who attend always seem to have a good time no matter where it's held.

The Mark Time Marchers from Churchville played tunes that people listening, enjoyed and danced to. 

Other residents enjoyed the food from various local eateries, including Stafford's renowned Red Osier Landmark Restaurant. 

The first of three sessions to spread kindness throughout Batavia was on Thursday at 6:30 p.m. where participants painted rocks, which will be placed throughout Batavia.

Participants pay $5 to cover the cost of paint and supplies, and bring a rock. Two more sessions -- July 27 and Aug. 17, from 6:30 until 7:30 p.m. -- will be held at Art Ah La Carte in Batavia at 39 Jackson St.

Kim Argenta, owner of Art Ah La Carte, started the project after her friend, Kelly Carlie, told her about a project she runs in Le Roy, called “Le Roy Rocks.” Both are part of the nationwide “The Kindness Rocks Project.”

The Genesee County Planning Board on Thursday night recommended disapproval of the expansion of a dog-boarding operation on Route 20 in the Town of Darien, taking into consideration the increased canine population's impact upon neighboring families.

By a 6-2 tally, the panel voted against Randy Blair's request to expand the two-building kennel from eight to 25 dogs. The kennel is located at 265 Broadway Road (Route 20), not far from County Line Road heading toward Alden.

Planning Board member Ed DeJaneiro Jr. said he voted for disapproval "because people's homes take precedence over a business."

The proposal isn't dead, however, as it will have to go before the Darien Town Board and will be subject to a public hearing. Because of the County Planning Board's action, Blair would need a majority plus one favorable vote in Darien for the measure to pass.

Blair told the board that he cleared the expansion with Town of Darien officials, adding that "everything was done above board." Initially, the Planning Board was supportive -- recommending approval as long as the Town of Darien assessed the noise level due to dogs barking.

But that was before the board heard from two neighbors -- Clayton Hoskyns and Timothy Hack -- who said they represented seven families that signed a petition to stop the expansion.

"The main reasons we are against this are the noise ... and the smell," Hoskyns said. "I live between two kennels -- on the east side there is no noise but from his (Blair's) on the west, there is constant barking. Plus the smell because the waste is not disposed of properly."

Hoskyns, a dairy farmer, asked the board, "Who's going to monitor them? Who is going to enforce it when they have more dogs than they are supposed to?"

Hack said his home is about 100 feet from the back portion of the kennel and "the dogs bark for 18 hours and we never see them (the owners) trying to stop them from barking."

Both said that Blair currently is housing more than the eight-dog limit.

The conversation among the neighbors became a bit heated, prompting Planning Board Chair Laraine Caton to implore the speakers to direct their comments to the board.

County Planning Director Felipe Oltramari said he wasn't aware of a maximum number of dogs allowed and that the disposal of animal waste is subject to a management plan. He said the matter will have to go back to the Town of Darien zoning officer.

It was a busy night for the board with more than a dozen referrals on the agenda.

Major rulings were as follows:

-- Planners recommended approval with modifications a special use permit and area variances for Home Leasing LLC, working in cooperation with Eagle Star Housing, to merge three parcels and construct a four-story, 55-unit workforce development residential building at 552-556 E. Main St. in Batavia (on a parcel of land where two homes and Mosman Paint Store currently sit).

Modifications deal with archaeological impacts, driveway permits and meeting Enhanced 9-1-1 standards.

Adam Driscoll, Home Leasing director of development, appeared before the board, expressing his confidence that one dual-purpose elevator (one less than the minimum required) and 48 parking spaces (35 less than the minimum required) would suffice.

Responding to board members' questions about the elevator and parking spaces, Driscoll said that at other Home Leasing projects -- some with up to 100 units -- there is one elevator and "we have never had any major complaints or issues."

As far as parking is concerned, he said his company expects about 35 to 40 percent of tenants to utilize parking spots so 48 would be enough.

"We like to take advantgage of green space -- raised garden beds and a small playground on the site," he said.

Driscoll said 17 of the apartments will be dedicated to homeless veterans (through Eagle Star), with a transportation van being provided to them. 

He said that the timetable -- "in a perfect world" -- has Home Leasing submitting a NYS Homes and Community Renewal application in November, receiving notification of that award in May, closing on the financing in October and breaking ground in November 2018. Construction of the nearly $13 million project would take about a year to 15 months, he said.

-- Planners recommended approval of a site plan review for Thompson Builds of Churchville to construct a 10,331-square-foot salvaged hangar at the Genesee County Airport on West Saile Drive, noting that the plan already has been looked at by the Genesee County highway superintendent for conformance with the County Airport Master Plan.

Contractor Paul Thompson said salvaged structural steel taken from the old hangar will be used in the structure, which will match adjacent buildings on the airfield. His company is building it on behalf of Peter Zeliff, for private and public use.

Thompson expects construction to start in August and be finished by the end of the year.

-- A site plan review for the Ellicott Station project was postponed due to a lack of information from the developer, Savarino Companies.

Photo at top -- Conceptual rendering of the proposed Home Leasing apartment complex on East Main Street in Batavia.

The City of Batavia is warning of flooding along the Tonawanda Creek in the areas of Law Street, Walnut Street and Kibbe Park.

The Tonawanda is expected to crest at 9.7 feet, which is above flood stage levels.

Residents in the affected areas are asked to keep vigilant and take precautions to minimize property loss.

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.