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Report of kids playing on tracks holds up train

By Howard B. Owens

A caller reported seeing kids playing on train tracks near Wortendyke Road, Batavia, including lying on the tracks while a train was coming. 

Deputies are dispatched. 

CSX is now holding a train to give deputies a chance to search the area. 

UPDATE 9:31 p.m.: A person in law enforcement informs dispatch about a graduation party in the area and kids from the party going up to the tracks.

Public notice issued for hearing on CBGD funding grant application for HP Hood expansion

By Howard B. Owens

Public Notice:

NOTICE IS HEREBY GIVEN, that the Genesee County Legislature will hold a public hearing on the submission of an application for Community Development Block Grant funding from the New York State Office of Community Renewal to provide financing to assist in the establishment of milk processing operations at the former Muller Quaker Dairy facility at the Genesee Valley Agri-Business Park in the Town of Batavia, New York by HP Hood LLC.  More detailed information regarding the project will be presented at the hearing.

NOTICE IS FURTHER GIVEN that the public hearing will be held at the Old Courthouse, 7 Main Street, Batavia, NY on the 19th day of July, 2017 at 5:30 PM. All persons who wish to speak will be heard. Written comments are invited and will be accepted upon delivery to: Clerk, Genesee County Legislature, 7 Main Street, Batavia, NY 14020 prior to the hearing. The hearing location is in compliance with accessibility standards under the Americans with Disabilities Act.

Batavia Downs donating Lee Greenwood tickets to local veterans groups

By Howard B. Owens

Press release:

Batavia Downs Gaming & Hotel has announced that they will be donating 800 tickets to the upcoming Lee Greenwood concert to local Veteran Organizations. The concert takes place on Friday, July 21st.

“Lee Greenwood and his song 'God Bless the USA' are synonymous with our great country and we’re honored to have him play here," stated Batavia Downs Gaming & Hotel President & CEO, Henry Wojtaszek.

“We work closely with other veteran agencies in the area and wanted to give back to all the local veterans who have fought to defend our freedoms.”

The tickets will be handed to representatives from various local Veterans agencies in a brief ceremony on Monday, July 17th, at 10:30 a.m. in the Batavia Downs Lobby by their Made in America satellite store.

Tickets to the Lee Greenwood show can be purchased at Bataviaconcerts.com or in person at the Made in America store in the Batavia Downs Lobby.

Three opening acts will play beginning at 5 p.m., including country recording artist Ricky Lee, Alyssa Trahan, and the band Gypsy Souls. Doors open at 4 p.m.

"To care for him who shall have borne the battle and for his widow and his orphan." (Abraham Lincoln)

City repairing water main break on Walnut Street, service disrupted in area

By Howard B. Owens

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.

Photos: Sunset and a rainbow

By Howard B. Owens

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

Tonawanda water level appears to be receding

By Howard B. Owens

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.

Driver charged with DWI following accident on Kenney Road, Le Roy

By Howard B. Owens

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.

Collins supports defense spending bill

By Howard B. Owens

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.

Accident with unknown injuries at West Main and Lewiston, Batavia

By Howard B. Owens

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.

Corrections officer who used job as a chance to help people retires after 24 years

By Howard B. Owens

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.

Five arrests reported at Vans Warp Tour

By Howard B. Owens

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.

Tonawanda close to nine-foot level

By Howard B. Owens

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.

Tonawanda close to flood stage in areas of Law, Walnut and Kibbe Park

By Howard B. Owens

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.

State Street resident convicted of menacing a police officer sentenced to three years in prison

By Howard B. Owens

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.

Photos: Creekside Inn is open

By Howard B. Owens

It's been years of effort and expense for Bill Farmer, but nearly a decade after he acquired the Creekside Inn, after a fire destroyed most of the building, the tavern that is part of so many local memories, is once again welcoming customers.

The 200-year-old building has been completely refurbished from top to bottom and is gorgeous. Farmer has hired a top-notch staff and the Creekside is set to become a local favorite, but a regional dining destination.  

Tavern dining on the second floor and the patio bar are open. The third-floor fine dining won't open for a few weeks yet.

This weekend, during Oatka Fest, the Creekside is not accepting reservations. It is first-come, first-served.

Streets starting to flood

By Howard B. Owens

Flooding is reported on Cedar Street and on Route 20 in Alexander.

UPDATE 10:46 a.m.: All available manpower to Bethany Fire Hall for at least two cellar pump details.

UPDATE 10:53 a.m. (By Billie): Le Roy firefighters are called to their hall for cellar pump detail. Route 5 under the railroad overpass in Le Roy is flooded. Le Roy Village highway department is notified. Flooding is reaching the second lane of the roadway at Route 19 and Hilltop.

UPDATE 11:12 a.m.: Photo added. A city worker said the flood waters under the train overpass on Cedar Street was higher before I got there. Even in the time between taking this picture and walking back to my car, the waters completely drained away. However, because of the potential for more heavy rain and more flooding, city workers put up barriers just to encourage people to slow down. City crews will continue to monitor the situation. Flooding is reported in Le Roy at Wolcott and Munson.

UPDATE 11:25 a.m.: There's a report of Warner Road in Le Roy being washed out.

UPDATE 11:32 a.m.: A black SUV is stuck at the "Route 238 viaduct." Help is on the way.

UPDATE 11:36 a.m.: An occupied car is stuck on Attica Street under a bridge in Alexander. Alexander Fire Department is responding along with a deputy.

UPDATE 11:49 a.m.: The car on Attica Road is out of the water and its female driver safe.

UPDATE 12:18 p.m.: A power line is down, lying in standing water on Bartoff Road in Stafford.

Four arrests reported at Nickelback concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Nickelback concert at Darien Lake Performing Arts Center on Wednesday:

Kortney R. Howell, 19, of Church Street, Victor, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old of North Davis Road, Elma, is charged with criminal impersonation, 2nd, after allegedly identifying himself as another person and using their identification.

Nicholas S. Zabmester, 21, of Fernwood Drive, Lockport, is charged with trespass after allegedly jumping a fence to enter the concert venue after being ejected and told not to return.

Andrew C. Denslow, 42, of Pocono Drive, Austin, Texas, is charged with harassment, 2nd, after allegedly pushing a Live Nation employee while attempting to gain entry to the concert venue.

Today's Muckdogs game is canceled

By Howard B. Owens

Press release:

Today’s game between the Batavia Muckdogs and Lowell Spinners has been canceled due to wet and unsafe field conditions.

As the two teams do not meet again this season, this game will not be made up at any time during the season. Any person with tickets to today’s game can exchange their tickets for any other regular season game, subject to availability.

Flash flood warning issued for Western New York

By Howard B. Owens

A flash flood warning has been issued for Western New York and it will be in effect until 1:45 p.m.

 

At 9:46 a.m., Doppler Radar detected thunderstorms producing heavy rain across the region. 

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