Last night's snow in Oakfield gave the 76 decorated community Christmas trees in the village a nice natural flocking.

Photo submitted by Melissa Haacke.

A van crashed into a pole on West Main Street near Settler's Restaurant in Batavia. Driver is unconscious. Law enforcement is called in emergency mode. City fire and Mercy medics are responding. The address is 350 W. Main St.

UPDATE 5:15 a.m.: National Grid will be notified that the pole is damaged.

UPDATE 5:43 a.m.: One person was transported to UMMC. National Grid has a 10-15 minute ETA.

A Lackawanna resident has been identified as a suspect in a pair of "smash and grab" burglaries in Pavilion on Oct. 22.

Phillip S. Muzzy Jr. is accused of burglaries at Crosby's and Pavilion Farms.

Muzzy, who is currently an inmate in the Erie County Holding Center on unrelated charges,  was charged with two counts of third-degree burglary, second-degree criminal mischief, third-degree criminal mischief, and grand larceny, 4th.

Bail was set at $15,000 or a $20,000 bond.

The burglaries were investigated by Investigator Chad Minuto with assistance from Deputy Travis Demuth, Deputy Jenna Ferrando, Sgt. John Baiocco, the Warsaw Police Department, and the Erie County Sheriff's Office.

Brandon Seppe, who had pled guilty to a burglary reported in July, was sentenced today to one-and-a-half to three years in state prison under what is known as a "Willard" sentence, giving him a chance to complete a drug treatment program.

The 33-year-old Batavia resident was also involved in an accident in June on Veterans Memorial Drive where he was found to be driving while impaired by drugs.

Under today's sentence in County Court on the burglary guilty plea, the Department of Corrections will send Seppe to a Willard drug treatment program and if he completes it successfully, he will be released on parole.

Minor injuries are reported in a car vs. semi-truck accident at Route 77 and Route 6 in Pembroke.

Firefighters were needed to pry a door open to extricate a passenger.

A woman had a complaint of chest pain. 

Pembroke fire and Mercy EMS responded.

In The Batavian's attempt to interview Ben Hayes, president of the New York-Penn League, we reached out to Minor League Baseball.

A communications official with Minor League Baseball was able to get in touch with Hayes and we've just been informed that Hayes will not agree to an interview.

He said he would not comment further on the future of the team (he has made no comment to date), according to the Minor League Baseball spokesman. 

Hayes referred all questions to Brian Paris, president of the Genesee County Baseball Club, owners of the Muckdogs franchise.

The phone line for the NYPL office in St. Petersburg, Fla., will now accept phone messages so we left Hayes a message explaining that only he can state why the league won't work with the Rochester Red Wings as operators of the franchise and share his ideas for the future of the team in Batavia or elsewhere.

Last week, The Batavian broke the news that the NYPL had blocked the Red Wings from a contract extension to continue operating the team. The extension was needed because the original 10-year deal expired Oct. 31.

Meanwhile, the Muckdogs are on the 2018 NYPL schedule but there's no clear indication from the league how the team will operate in 2018.

We couldn't reach Paris tonight. 

Last week, Paris said he is working with Hayes regarding the future of the team and the 2018 season and said he had a good working relationship with Hayes but didn't have a definitive answer on the NYPL's plans.

A farm trailer overturned on Fisher Road in Oakfield this afternoon.

Photo submitted by Sally Hicks. No further information available.

Our news partner 13WHAM is airing an hour-long special on opioid addiction at 8 p.m.

13WHAM's show description:

OPIOID EPIDEMIC: A JAILHOUSE CONVERSATION brings you the stories of 4 addicts, each of them parents to young children, who find themselves in the Livingston County Jail.  It’s a perspective rarely, if ever, heard from as this community crisis spreads.

A tractor-trailer overturned on the Thruway at about 10 a.m. and though there were no injuries, the accident created traffic delays through Le Roy.

Due to a fuel spill, both westbound lanes were blocked for a time.

State Police said the cause of the crash remains under investigation.

Photo: Katie Marie Breitfeld story and photo via our news partner, 13WHAM.

The YMCA received a new electric "stim" bike for people with limited mobility to use to get some exercise.

The bike allows a person in a wheelchair to roll up to the bike, put their feet on the pedals and pedal just like any other stationary bike.

The units cost $13,500 and the new unit at the Y was paid for through funds from the Ricky Palermo Foundation and an anonymous donor.

The Y already had one similar bike in its wellness center, but CEO Rob Walker said the demand for use during peak hours has been greater than the availability. The new bike will help solve this problem.

Batavia is the first Y in the nation to get this particular model.

"The feedback I got yesterday is that there are four benefits," Walker said. "It helps vascular health, which we all know is important. It reduces muscle spasms, which helps them sleeps. It helps with joint flexibility and it helps with muscle tone.

"The indirect benefit, to be honest, is getting them out," Walker said. "Watching them use it, for lack of a better word, it helps with their state of mind."

Photos submitted by Rob Walker.

Press release:

A collection of artwork created during the Batavia Society of Artists' October demonstration will be sold and all proceeds donated to the Donald R. Carroll Toys for Kids Toy Drive.

The "art collaboration" pieces were made during a hands-on demonstration by artist and BSA Member Brian Kemp. He guided attendees through his art process, one that explores art "through creating as he goes, allowing the artwork and canvas to help direct the finished piece."

Attendees were given their canvas and directed to use their choice of a few mediums and color choices. Halfway through the demonstration, Kemp collected everyone's artwork and distributed the pieces to another artist to finish. 

The results are being displayed for the first time at this year's Winter Art Show presented by the society. It is on display now through Dec. 27th in the Gallery Room at Richmond Memorial Library, located at 19 Ross St. in the City of Batavia.

The public is invited to the opening reception from 6:30 to 8 p.m. tomorrow, Dec. 7. Take a look at the demo collaboration pieces and consider buying one to help the toy drive for local children.

To join the Batavia Society of Artists or for more information, contact Teresa Tamfer at 506-2465 or email   BSA.BataviaSocietyofArtists@gmail.com

A 22-year-old Darien Center resident involved in a rollover accident yesterday morning has been charged with driving while impaired by drugs.

Devon M. Lennon is accused of driving his 2001 Toyota sedan east on Bowen Road at 11:54 a.m. when he missed a curve and left the roadway along the left shoulder of Bowen Road. The vehicle struck a mailbox and rolled over down a hill. The car came to rest on its roof.

According to the accident report by Deputy Lonnie Nati, Lennon said he looked down to light a cigarette, causing him to miss the curve.

Lennon, who was not injured, was also charged with driving left of pavement markings in a no-passing zone.

The Church Road resident was released on an appearance ticket.

Press release: 

On Dec. 9th, members of the Batavia Police Department, the Genesee County Sheriff’s Office, and New York State Police Troop A, will be participating in the third annual “Shop with a Cop” event at Walmart on Veterans Memorial Drive. 

Grant money from Walmart, designated specifically for this event was distributed equally to all three organizations. The schools within Genesee County assisted in choosing the children. 

The City of Batavia Police Benevolent Association, Genesee County Deputy Sheriff’s Association, City of Batavia CSEA members, the City’s “Jeans for Friday” program, Department of Public Works (AFSCME) Union, and H.E. Turner & Co. Inc. Funeral Home of Batavia & Bergen raised additional funds which enabled 20 extra children to participate. 

A total of 50 children were invited to participate in this year’s event. Once at Walmart, the children will take photographs with Santa Claus and meet with their individual "Cop."

Walmart graciously hosts the event, allocates employees specifically for the event, and also donates gift wrapping materials. Gift wrapping will be completed by the Young Adults Group from Batavia City Church, members of the Batavia Police Explorer’s Post and family members from Batavia Police Department and Genesee County Sheriff’s Office.

The Batavia Police Department, Genesee County Sheriff’s Office, and the New York State Police Troop A, would like to thank Walmart for their generosity and assistance to make this a great event. We would also like to wish everyone a safe and happy holiday season.

Photo: File photo.

Press release:

According to the findings of a new poll commissioned by Batavia Downs Gaming, Western New Yorkers overwhelming believe that all gaming facilities in Western New York should be taxed at the same level. Sixty-nine percent of Western New Yorkers support changing the tax code to ensure tax fairness. In addition, twice as many respondents see Batavia Downs as a benefit to the local community.

“As the only municipally owned gaming facility in New York State, Batavia Downs Gaming is not only a strong economic driver for Western New York, but it provides critical funding for community development which creates jobs, keeps Western New York families safe and helps to offset tax increases for residents,” said Michael Nolan, chief operation officer of Batavia Downs Gaming WROTB.

“Unfortunately, Batavia Downs Gaming is losing critically needed revenue because we pay the highest tax rate of any Western New York gaming facility. As this survey demonstrates, Western New Yorkers understand the positive impact we have on the community and want to see a change in the tax code to ensure tax fairness.”

This survey was conducted Dec. 2-3, with a margin of error of +/- 2.12 percent, with a 95 percent level of confidence. 2,133 likely 2018 general election voters who live in the 15 Western New York counties that own and operate Batavia Downs Gaming participated in the survey.

The full survey, complete with crosstabs and methodology, can be viewed here.

BACKGROUND ON TAX FAIRNESS:

Buffalo News: OTB chief: Higher tax at Batavia Downs means lower payments to local WNY governments
Niagara Gazette: OTB officials make case for lower tax rate
Buffalo News Column: Another Voice: Publicly owned gaming facility is taxed unfairly

Press release:

The Downtown Batavia Business Improvement District (BID) Christmas in the City Committee would like to announce the winner of the annual Holiday Window Decorating Contest & The Holiday Parade.

The window contest was judged by seven community members, during the day, that were escorted by RTS Bussing arranged through the Genesee County Office for the Aging, as well as five members of our local Zonta organization of Genesee County during the evening. The groups scored 18 windows of local businesses located within the Downtown BID. 

We would like to congratulate Sunny’s Restaurant, located at 12 Batavia City Centre, as this year’s winner of the contest. The winner receives $200 cash prize, as well as $100 advertising credit at The Batavian and $100 advertising credit at Genesee Valley PennySaver.

The Holiday Parade this year brought out 30 different groups, agencies, organizations and businesses. Four local parade judges were tasked with voting for “Best Float” overall. The winner of this year’s Holiday Parade goes to Rosicki, Rosicki, & Associates, located at 26 Harvester Ave. Congratulations to Rosicki, Rosicki, & Associates and "Thank You" to all that participated in this year’s Christmas in the City!

Batavia City Manager Jason Molino admits that a communication breakdown has resulted in the confusion surrounding a proposal to redevelop the Old Engine House on Main Street with help from a Restore New York Communities Initiative grant.

“Maybe we all could have done a better job communicating,” said Molino, speaking by telephone tonight.

Ever since Molino’s memo to City Council dated Nov. 22 – a report that apparently wasn’t read by all council members prior to their Nov. 27 meeting (Thanksgiving came in between) – there have been numerous public comments criticizing the process.

Some of those comments placed the blame on the city manager for “jumping the gun” and others questioned the selection of Thompson Builds of Byron and Churchville as the developer.

A public hearing on the proposal to renovate the former restaurant into a commercial/residential building and to apply for a $1 million Restore NY grant to help fund it was scheduled for Monday afternoon, but was abruptly cancelled after Genesee County Manager Jay Gsell said the County Legislature wasn’t ready to declare the property as “surplus.”

This, as would be expected, cast a negative light upon all parties involved, especially Molino for bringing the project to City Council.

“(Cancelling the public hearing) caught me by surprise,” Molino said, noting that Gsell told him that the legislature needed more time to review the plan.

Currently, the Engine House, which is owned by the county, is the home to public defender offices and a facilities management shop.

Molino said he was aware that the county had been looking to surplus the property for some time – “a couple years,” he said – and that Julie Pacatte, coordinator of the Batavia Development Corporation, had referred a couple investors to the county.

“I know that Jay had people looking at it as well; multiple people already looked at it,” Molino said.

Molino said that Pacatte came to him with news that Thompson Builds was interested in renovating the building to have a commercial venture on the first floor and apartments on the second floor – and that he was excited by the prospect of putting the property back on the tax rolls.

“That was a few weeks ago,” Molino said, after the City submitted a letter of intent to apply for the grant and was accepted – matters that weren’t communicated to City Council.

“I could have done a better job of advising Council,” Molino said, adding that he also should have received confirmation that the county was ready to relinquish the building.

As far as the procedure to dispose of surplus property is concerned, Molino said the county had several options, including an auction, request for proposal (RFP) or “appraised value and straight deal contract.”

He said the City’s role was simply as a “pass-through” since the county was not eligible to apply for the Restore NY grant.

Molino said he knew of two interested investors, including Thompson Builds, but said that it was Pacatte who “worked with Thompson to develop it a bit more.”

Pacatte could not be reached for comment tonight.

For the record, Thompson Builds has done work at Genesee County Building 2, VA Medical Center, Genesee County Airport and Liberty Pumps in Bergen, and did major work at the Big Tree Glen apartment complex on West Main Street Road.

When it was pointed out that Pacatte reports to him, Molino acknowledged that “maybe I should have been involved more.”

Despite the setback, Molino said he hopes that City Council would consider applying for the grant in 2018.

“We need to come together and gear up for next year,” he said, “by communicating with the county on the disposal of the property and with the investor. By getting everybody on board, we should be able to move forward.”

Santa and Mrs. Claus were in Bergen on Monday night to light the community Christmas tree during festivities that included caroling, the elementary school band, crafts, a collection of community-decorated trees, and a chance for children to tell Santa what they want for Christmas.

Karrie Morrow-Paine, 34, of South Main Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Morrow-Paine allegedly sold a quantity of crack cocaine on two occasions to an agent of the Local Drug Task Force.

She was arrested on a warrant stemming from a sealed Grand Jury indictment during an investigation into an unrelated complaint in Batavia by Batavia police officers.

The arrest is the result of an investigation by the task force into the transportation, sale, and possession of crack cocaine in the Town of Batavia.

She was jailed without bail pending arraignment Monday.