batavia

The Town of Batavia Planning Board will hold a public hearing Jan. 7 to consider an application for a subdivision of property in Batavia Towne Center.

The subdivision would make it possible for Kohl's Department Store to own its own property inside the shopping center, much like Target does now.

Kohl's would be purchasing the parcel from COR Development.

In June, the Genesee County Economic Development Center Board approved $1.8 million in new tax abatements for COR (on top of the $4.6 million in tax breaks COR received from GCEDC in 2006), ostensibly to attract new businesses that provide goods or services not readily available in Genesee County.

Kohl's is a department store chain that sells furniture, clothing, bed and bath items and other general merchandise.

The store will be located where Lowe's once had its garden center, just south of the new Dick's Sporting Goods.

To the north of Dick's will be a Five Below and possibly Marshall's; both are discount retailers.

In order for Kohl's to own its own parcel, the property currently owned by COR must be subdivided.

All subdivisions must go through a public hearing, which is a chance for the public to learn the facts of the project relevant to the subdivision and comment on the issue.

The same process was used to subdivide Batavia Towne Center for Target. A portion of the tax breaks secured by COR in 2006 are now applied to the Target property.

While it's possible for Kohl's to apply to transfer tax abatements received by COR to the new parcel, Rachael Tabelski, director of marketing and communications for GCEDC, said the agency has yet to receive an application for the tax abatements from Kohl's.

The hearing will be held at Batavia Town Hall, 3833 W. Main Street Road, Batavia, at 7:30 p.m., Jan. 7. Written comments will be accepted prior to that date.

Batavia PD is investigating a possible attempted larceny inside City Centre.

A person, possibly white male wearing a hoodie, grabbed something from a stand inside City Centre. A woman yelled for somebody to call the cops.

The suspect was last seen heading toward State Street.

The property, whatever it was, was recovered.

The victim is declining prosecution, so officers are advised that if the suspect is located, he's to be advised he's no longer allowed in the business.

When the Tonawanda Creek crested at 11.94 feet at 6:30 p.m. yesterday, it wasn't anywhere near its historical high.

In March, 1942, the river overflowed at 14.5, making the resulting flood the worst in Batavia history.

It caused an estimated $500,000 damage and put many people out of their homes for days.

Greg Brockway, of Pembroke, brought in these two pictures this morning from the 1942 flood.  They were taken on the Southside in the area of the Jackson School showing Hutchings, Otis and Swan.

The last time the Tonawanda crested over 12 feet (considered the major flood level) was 1998 when it hit 12.44. It hit 11.71 in December 2008, and twice in 2009 it exceeded 10.5 feet, once in February and again in March.

The creek has crested at more than 10 feet on 24 ocassions in the more than 60 years the National Weather Service has been measuring creek levels.

Amy Lynn Showler, 38, of South Manhattan Avenue, Batavia, is charged with petit larceny and trespass. Showler is accused of stealing $7.76 in merchandise from Walmart.

A 17-year-old resident of Main Street, Corfu, is charged with trespass. The youth allegedly entered a residence on Lovers Lane Road without the owner's permission.

Dimetrious Trudell Williams, 24, of Pearl Street, Batavia, is charged with unlawfully dealing with a child. Williams allegedly supplied alcohol to a person under age 21.

Molly Ann Kirsch, 24, of Bonnie Brea Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no passing zone and failure to keep right. Kirsh was stopped at 12:08 a.m. Saturday on Sumner Road, Darien, by Deputy Jason Saile.

Aaron Matthew Zastrocky, 29, of Mill Street, Le Roy, is charged with felony DWI, moving from lane unsafely, speed unreasonable for conditions and no seat belt. Zastrocky was allegedly the driver involved in a motor-vehicle accident reported at 11:18 p.m. Dec. 20 on Lake Road, Le Roy. The accident was investigated by Deputy Joseph Corona.

Joshua David Quaintance, 25, of Byron Road, Bryon, is charged with criminal mischief, 4th. Quaintance is accused of punching the window out of a vehicle on Townline Road, Byron.

Andrei Karpovich, 42, of Ibis Club Drive, Naples, Fla., is charged with harassment, 2nd. Karpovich allegedly slamming the hand of another person in a truck door during an argument at the Flying J at 5:54 p.m. Dec. 18.

Wendy J. Nelson, 44, of Le Roy, is charged with petit larceny. Nelson is accused of stealing from Walmart.

Scott F. McColl, 42, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. McColl was stopped at 10:05 p.m. Thursday by State Police on Black Road, Pavilion.

Law Street (above, from the western end), and Route 98 (below, from the northern end) remain closed, though the floodwaters have receded significantly since last night.

City fire is assisting the occupants of a house on Law Street that is being evacuated because of high flood waters.

They're assessing whether to pull the electrical meter on the house.

The house is surrounded by two feet of water.

While on scene, the commander reports that a vehicle is now on Law Street and seems to be floating in the water.

Meanwhile, on Watson, the sewer supervisor is requested to the scene because there is apparently a sewer back-up.

UPDATE 12:18 a.m.: The residents who requested to be evacuated were. All of the other households on Law were checked by firefighters. Residents either didn't have basements and all of their utility connections were above water, or they had already shut off their utilities. A firefighter confirmed the car in the top photo did float a bit. The driver was cited and a family member picked her up.

Here are more flood pictures from this afternoon. The first three I took and the rest are from readers.

Above, the Tonawanda Creek at the bend off South Main Street. 

This is the back of Nate Fix's property, which 18 months ago the DEC carved up a bit to build new flood control.

Peaviner Road. The roadway is to the right side of the picture.

Photo submitted by Steve Ognibene. The vehicle stalled on Jackson Avenue. According to Steve, the driver was cited and the car was towed.

Ron Burroughs kayaking on Ganson Avenue. Submitted by Diane Burroughs.

Maria Casper submitted these two pictures of Philip, Kayla and Andrew kayaking in Kibbe Park.

Flooding in Pavilion submitted by Brittany Hart.

A woman is trapped inside her stalled vehicle near the flooded intersection of Law and Walnut streets. City fire is responding along with a public works crew.

UPDATE 8:08 p.m.: City fire reports the woman is out of her vehicle and inside the fire truck. The vehicle will be left there until the floodwaters recede and it can be towed away.

A two-vehicle accident with possible serious injuries is reported on the eastbound Thruway near mile marker 388.2, by the college. There is "serious entrapment" and at least two people are injured. Town of Batavia, with all available manpower, and two Mercy medic rigs are responding.

UPDATE 6:38 p.m.: Mercy Flight is put "in air." Eastbound traffic is heavy and the lanes are blocked and backing up. A third ambulance is requested. Le Roy rescue is also called in.

UPDATE 6:42 p.m.: Oakfield fire is requested to stand by in Town of Batavia fire station number 1.

UPDATE 6:45 p.m.: The entrapment is characterized as "extreme" by a responder, involving the dashboard. Traffic is heavily backed up. "We'll be trying to land this bird on the Thruway when it's time."

UPDATE 6:47 p.m.: In conjuction with the state Thruway Authority, the eastbound Thruway is shut down and traffic will be required to exit in Batavia. Mercy Flight is circling over the scene, preparing to land.

UPDATE 6:55 p.m.: The Mercy Flight crew is told that their patient is a male, about 30 years old, in need of "significant extrication" efforts. He is said to have moderate injuries, and an altered mental status. His complaints include chest pain and difficulty breathing. A heavy wrecker will be needed to tow a semi truck. The second vehicle involved is possibly a pickup truck.

UPDATE 7:08 p.m.: Patient(s) extricated.

UPDATE 7:18 p.m.: The patient requiring Mercy Flight transport is loaded on the helicopter, which will soon be airborne.

UPDATE 7:21 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital.

UPDATE 7:24 p.m.: Le Roy is back in service. The three Mercy units are clearing the Thruway scene. The eastbound Thruway will be opened to a single lane. Town of Batavia is picking up and preparing to go back in service. State Police are on scene. Two flatbed tow trucks are en route.

UPDATE 8:15 p.m.: The Town of Batavia assignment is back in service, along with Oakfield which provided standby assistance, and the eastbound Thruway is reopened.

This photo, submitted by a reader.

Batavia PD officers were kept busy this afternoon just trying to keep drivers from boating through an obviously flooded Oak Street.

Even once the street was closed by authorities, drivers still wanted to head either north or south.

Shawn Hargrave, who lives across from Hackett TV on Walnut, watched the cars go by and the police try to deal with it.

For awhile, there was an officer parked in front of her house, blocking traffic before the signs went up.

"There were a lot of people pulling up, walking to his window and complaining that they couldn't drive through," she said.

Once the signs went up, that still wasn't a deterrent to drivers who took "street closed" as merely a suggestion.

"We watched a newer Jeep come down and the driver stopped and he got out and moved the barriers," Hargrave said. "Unfortunately, he left the barricade open and some cars almost got stuck in the floodwaters."

Once the signs were up on the south side of the flooded section of street, a police officer still needed to be stationed on the north side to keep drivers from trying to go around the barricades.

Hargrave watched northbound driver after driver roll up to the barricades in front of her house and seemingly contemplate whether to go through before deciding to turn around.

Perhaps the most frustrated drivers to come up to the barricade were truck drivers.

The drivers were likely trying to make their way toward Pavilion, but hit the road closed sign on Route 20 at the bridge over the Tonawanda just west of Brookville Road, Alexander.

They got off Route 20 and headed north.

When they hit the road closed sign on Route 98, they had to back up all the way to First Student's parking lot in order to turn around.

Hargrave said she called NYS DOT to suggest truckers be redirected, but the DOT never responded with its own sign.

Tim Yaeger, emergency coordinator for Genesee County, and Jim Bouton, also a coordinator with the Office of Emergency Management, set up a message board sign at Route 98 and Route 20 trying to warn truckers that the road was close ahead.

But even after the sign was up, truckers still headed north. Yaeger said he was going to try to get a "local traffic only" sign posted either at Pike Road or Rose Road to encourage truckers to turn left onto those roads. The detour would lead them to Route 5 so they could resume their eastward travels.

Emergency Management acquired the $1,500 sign 18 months ago with Homeland Security grant money to use for volunteer recruitment but this was the second time it's been pressed into service an emergency.

Flooding on the Tonawanda is expected to peak at 12 feet at 7 tonight.

Yaeger and Bouton setting up road closed sign.

Below are photos submitted by Walnut Street resident Krystle Robinson of activity on Walnut Street this afternoon. Cars going through the water may have been going through at times when barriers were not in place.

Tonawanda Creek, behind the courthouse.

The location of the manmade falls/dam on the Tonawanda behind the courthouse.

The Upton Monument and the Old Courthouse, Ellicott and Main.

Law Street, Batavia.

Kibbe Park, Batavia.

Kibbe Park, Batavia.

National Grid crews on Trumbull Parkway.

Centennial Park, Batavia.

Centennial Park, Batavia.

Centennial Park, Batavia.

Outside City Church, East Main Street, Batavia.

More than 2,100 National Grid customers are without power and have been since about 2 a.m.

Freezing rain apparently caused some transformer issues.

The outage area is triangle-shaped with the western tip near Clinton Street Road just north of East Main Street and spreading east nearly to Le Roy with the northern boundary just north of the Thruway and southern edge running along Route 63 to East Bethany.

National Grid expects power to be restored by 5:30 a.m.

UPDATE 5:17 a.m.: Earlier this morning, the power outage affected 4,538 customers. And, emergency dispatchers are aware there are people in the county without power. No, they can't help you get your power restored. It's best to restrict calls to dispatchers in situations like this to actual emergencies or others calls for service.

UPDATE 5:50 a.m.: There are multiple reports throughout the county of wires down, wires arcing and flooded basements. Town of Batavia's chief has requested all available manpower to the two fire halls to be ready for new incoming calls.

UPDATE 10:35 a.m.: There are at least a dozen power outage areas in Genesee County. The two largest at the moment are in the Elba area, with 317 customers without power. Power has been out since 4:49 a.m. and a repair crew is not yet assigned to the outage. In Bergen, 1,060 customers are without power. The outage started at 7:04 a.m. and there's no ETA for repairs. Fire departments from throughout the county are still handling calls for power lines down, trees down and cellar pump details.

UPDATE 12:19 p.m.: The largest power outage reported in the county now is in the Byron area, 838 customers. Power reported out at 5:01 a.m. A repair crew is assigned. No ETA for repairs.

One person was killed early this morning when a passenger vehicle and semi-truck hit head on on Route 63, just south of Shepard Road, Town of Batavia.

The location is just yards south of the former Rosie's Diner.

Town of Batavia fire is on scene. The accident is being investigated by the Sheriff's Office Crash Management Team. A coroner is in route.

Route 63 is closed in both directions.

UPDATE: John P. Dow, of Pavilion, was pronounced dead at the scene by Coroner Donald Coleman. Dow was driving a 2005 Chevrolet Envoy southbound on Route 63. Truck driver Iqbal S. Dhadda, 35, of Brampton, Ontario, Canada, said Dow's vehicle crossed completely into the northbound lane. The SUV and truck hit head-on. According to a Sheriff's Office press release, impairment may have been a factor in the crash. The accident was reported at 1:42 a.m. Dhadda was not seriously injured.

The accident investigation is being conducted by Deputy Joseph Corona, Deputy Frank Bordonaro, Deputy Jason Saile, Deputy John Duyssen and investigator Roger Stone. Assisting at the scene were Batavia PD, State Police, Town of Batavia fire and Bethany fire.

A house fire with light smoke showing is reported at 32 S. Main St. in Oakfield. Mercy medics are on scene and Oakfield Fire Department is responding along with mutual aid from the Town of Batavia and the city's Fast Team. Alabama is asked to fill in at the Oakfield hall.

UPDATE 1:30 p.m.: Alabama is asked to reroute and go to the scene.

UPDATE 1:38 p.m.: National Grid is called to the scene. No ETA.

UPDATE 1:41 p.m.: A thermal imaging camera is requested.

UPDATE 1:45 p.m.: Elba Fire Police are called to shut down traffic at Orchard and Main, and at Main and South Pearl. The fire is knocked down. They are checking for extensions.

Dashawn Butler

The Batavia resident suspected of being involved in a shots-fired incident Sept. 27 on State Street has been released from jail, free on his own recognizance.

Dashawn Butler was released following an appearance in City Court because the District Attorney's Office was unable to complete a preliminary hearing within the required six days of Butler's arrest.

District Attorney Lawrence Friedman said the people were not ready to proceed with a hearing because a key witness would not be available in time.

Butler still faces charges of reckless endangerment, 1st, a Class D felony, and criminal possession of a weapon, a Class C felony, and second-degree menacing, a misdemeanor.

State law required Butler's release because he wasn't going to receive a hearing within six days. 

Friedman said his office will continue to press those charges against Butler.

A pedestrian has reportedly been struck by a vehicle at low speed in the parking lot of Enterprise Rent-a-Car on West Main Street, Batavia.

City fire and Mercy EMS are responding.

The patient is complaining of a hip injury. Mercy's ambulance is responding non-emergency.

UPDATE: The victim was taken to UMMC.

The Batavia Area Jaycees, breaking with tradition, are not awarding houses this year for Christmas light displays.

Here's their press release:

The Batavia Area Jaycees hit the City of Batavia streets on December 19^th to look at all the holiday lights set up for the season.

They believe the following streets are worth a drive: Meadowcrest Drive; Grandview Terrace; Eugene Street and Naramore Drive.

These seven streets have houses worth viewing: Bogue Avenue, Redfield Parkway, Edgewood Drive, Roosevelt Avenue, Otis Avenue, East Avenue and Elm Street.

While out and about be sure to drive down Woodrow Avenue, Woodland Avenue, Valle Drive, Chestnut Street, Jackson Street, Williams Avenue, Buell Street, Cedar Street, Clinton Street and Vine.

The Jaycees want to wish everyone a safe and healthy holiday season.

The Holland Land Office Museum welcomed three new board members at its annual meeting dinner meeting tonight and honored longtime museum supporter Helen Batchellor.

Batchellor, on the right, became involved with HLOM 50 years ago and stepped down from her board seat this year after 30 years on the board.

New board members are, Robert Ettinger, left, Aaron Blake and Donna Mruczek.

The dinner was held at GO ART!