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Two-car accident with injuries reported on Veterans Memorial Drive

By Howard B. Owens

A two-car accident with injuries is reported on Veterans Memorial Drive in the area of Office Max and Walmart.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 4:10 p.m.: Three minor injuries reported. One person with chest pain from airbag deployment and two with facial injuries.

BID announces first 'Taste of the Holidays' celebration in downtown Batavia

By Howard B. Owens

Press release:

Join in the holiday spirit at the first “Taste of the Holidays” on Friday, Dec. 2 and Saturday, Dec. 3 in the Holiday Tent at Jackson and Main streets.

Friday, Dec. 2 (5:30 - 9 p.m.):
5:30 p.m. - Lighting of the community Christmas tree and singing of carols. Tree is next to Bank of America on Main Street.

In the Holiday Tent (6 to 9 p.m.): More than 10 great area restaurants will be providing a tasting of their menu specialties. They will be handing out coupons and selling gift certificates for the holidays. For entertainment, the OHMS Band will be performing. The cost is $5 per person and children are free.

Community bonfire on Center Street (across from Adam Miller Toy)

Saturday, Dec. 3 (11 a.m. - 3 p.m.):
In the Holiday Tent: Free holiday activities for the children, i.e. decorating ornaments and other holiday crafts). Holiday gift items for sale by local organizations. Entertainment: Bart Dentino & Kevin Huber and the McMahon Irish School of Dance.

Horse & Wagon Rides on Center Street (12 - 3 p.m.): Rides cost $1 per person with proceeds going to the Donny Carroll Toys for Kids fund.

Hosted by the Batavia Business Improvement District.

For more information visit: www.downtownbataviany.com or Facebook: downtown Batavia Business Improvement District.

Lost and Found: A pair of compound bows

By Howard B. Owens

The Sheriff's Office is looking for the owner of a pair of compound bows and some accessories that go with the bows.

A Good Samaritan turned in the bows after finding the items on a roadway in Genesee County.

The bows were in carrying cases.

The items apparently fell from a moving vehicle.

Also found were three water containers and a gas can.

If anyone lost this type of property, contact Deputy Frank Bordonaro, 345-3000, ext. 3229.

UPDATE 8:34 a.m., Wednesday: The owner of the bows has recovered the lost items from the Sheriff's Office.

Three hurt in three-car collision at Ellicott and Jackson

By Howard B. Owens

The driver of a minivan allegedly ran a red light this morning, according to Officer Dan Coffey, causing a three-car accident that sent all three drivers to UMMC by ambulance for treatment and evaluation.

Coffey was in his patrol vehicle, westbound on Ellicott Street, waiting to make a left-hand turn when he saw the van go through the intersection.

His view was obstructed at the point of impact, but the southbound van hit one northbound car, causing it to spin around and strike another northbound car not once, but twice.

Coffey said the driver of the minivan will likely be cited for an infraction, but had not yet completed his accident report.

None of the injuries are believed to be serious.

Today's Deals: Clor's, Oliver's, Present Tense, The Mane Attraction, and more!

By Lisa Ace

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $10.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for five weeks of yoga, three classes for $15.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $5.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Jagged Edges Salon, 4140 Veterans Memorial Drive, Batavia, NY: Jagged Edges Salon is a walk-in and appointment salon for men, women and children. It is a fun, welcoming salon that offers all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, treatments, and facial waxing. Hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. on Saturday. We have a $20 gift certificate for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kravings offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have a $10 gift certificate for $5.

Oliver's Candies, 211 W. Main St., Batavia, NY: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Fall is here and Pudgie’s has everything you need, from mums to mulch and fertilizer. We have a $25 gift certificate for $12.50.

Rancho Viejo, 12 Ellicott St., Batavia, NY: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "south of the border" to Batavia's restaurant scene. We have a $20 gift card for $10.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. We have a $20 gift certificate for $10.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift certificate for $10.

The Mane Attraction Salon and Spa99 Main St., Batavia, NY: offers "Affordable Luxury" in downtown Batavia. We pride ourselves in the great customer service we give to the entire family. Men, women and children are all welcome either by appointment or walk-in. We offer all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, facial, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kids' cuts! Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have $20 gift certificates for $10.

Viking Valhalla Restaurant & Rose Garden Bowl21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $10.

SOLD OUT

Note: if you've never purchased Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Law and Order: Inmate accused of assaulting another inmate in Genesee County Jail

By Howard B. Owens

Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.

Two-car accident at Batavia-Elba TL Road

By Billie Owens

A two-car accident is reported at Batavia-Elba Town Line Road. Seven people are reportedly in one of the vehicles. Mercy medics and fire personnel are responding to the scene.

UPDATE 8:07 p.m.: Several minutes ago, two more ambulances were dispatched. The roadway is blocked. One vehicle is completely disabled.

School district's 10-year-old policy on religious observance suddenly new(s)

By Howard B. Owens

UPDATED 10:45 p.m.

If you caught Channel 8 (the Fox affiliate in Rochester) newscast tonight, you might think Batavia City Schools have just declared war on Christmas.

The on-air report explicitly accused the district of "canceling Christmas."

That's not quite accurate.

The report was based on a memo provided to district personnel last week reminding them of school policy on religious expression.

The district has had such a policy for more than 20 years, according to senior district Board Member Patrick Burk.

Superintendent Margaret Puzio said the memo was nothing out of the ordinary and is something that goes out to district staff about this time every year.

The memo is based on a policy last drafted in 2001. The policy is crafted to strike a balance between the No Child Left Behind Act (ensuring a nondiscrimination policy regarding prayer in schools), and previous legal cases based on the First Amendment.

The district's board adopted a policy prohibiting sectarian religious observance, but also ensured that individual teacher and student expressions of faith are protected.

“If I want to wear a shirt that says ‘Merry Christmas,’ I can do that," said Puzio following a district board meeting Monday night.

News 8 reported on its six o'clock broadcast:

A local school district is banning the phrase "Merry Christmas." Parents in Batavia are outraged about the new policy, which also prohibits Christmas and Hanukkah decoration in the classroom.

Parents were not notified about the new policy. 

The story quotes one parent, Lucy Hudson, and claims several teachers were upset about the policy.

When The Batavian spoke to teachers Monday evening, the teachers waiting for the school board meeting to start said they were previously aware of the policy, but thought the recent memo was meant to reinforce the religiously neutral requirements.

Prior to Monday night's school board meeting, Puzio provided The Batavian with the 10-year-old policy, and said she would speak with The Batavian after the meeting (the original version of this story was posted prior to that interview).

The policy states any school activity should neither advance nor inhibit religion, and that students should be afforded the opportunity to learn about cultural and religious traditions, respecting the beliefs of all students.

Music at a school or public event, for example, should teach musical concepts, to convey historical and cultural content or to create aesthetic experience in a setting that emphasizes artistic expression and educational value, not to promote or celebrate a religious faith.

The policy requires that the district "vigorously publicize and disseminate" the policy.

An attached, undated memo, provides further clarification on teaching religion in schools.

It reads:

"Religious symbols, such as Christmas trees, angels, menorahs, etc., should only be used as part of a unit of instruction on various world religions, not as decoration in the classroom or school. Remember, students have the right to wear religious symbols as an expression of their faith, but should not be obligated to do so."

In a section dealing with schoolwide or public events, the memo reads:

"Expressions related to specific religions, e.g., 'Merry Christmas,' should not be included in any spoken or written remarks."

Puzio explained that doesn't prevent a teacher in a private conversation with a student whom the teacher knows celebrates Christmas from saying, "Merry Christmas."

A teacher can also wear, for example, a cross on his or her lapel. 

Personal expressions of faith are protected, but the district wants to be careful from appearing, as a government entity, to be endorsing any particular religion, Puzio explained.

“For me to stand up in front of the whole group and say, ‘Merry Christmas,’ is almost like the school district putting Christmas before everything else," Puzio said.

News 8's Deanna King, a current Town of Batavia resident who mentioned in the report that she attended Batavia schools, said she sat outside Puzio's office for nearly two hours trying to get a comment from the superintendent.

Asked about making a reporter wait outside of her office, Puzio said, "It was a heck of a day.

"We had several very, very serious student issues today," Puzio said. "I was dealing with those issues, and I had to prepare for a board meeting."

After a little conversation with a board member, Puzio added, "I just really didn’t have time today. It isn’t always a matter of saying, ‘I can see the press.’ I have to prioritize, especially as it relates to students and families who have serious issues. You just can’t say, ‘Gee, I’m going to set aside this mom who really needs to talk with me about a serious issue because I want to talk to Channel 8.”

By 10:45 p.m., Monday, News 8 had modified some portions of its online report, but was sticking to the essence of its story.

UPDATE 7:12 a.m., Tuesday: News 8 reporter Deanna King sent over the following statement:

I would like to clarify a few points to my story you may have missed. Ms. Puzio confirmed that her memo was sent to each school principal and was meant to be "talking points" during a faculty meeting. I can assure you she did in fact say it "wasn't meant for public viewing" during our phone conversation. As a journalist, I would never report something that was not true. I have been in this business for over 10 years. I'm sure you have seen her memo and recognized that it differs from the actual policy. I quoted directly from the memo. Also, although the policy is not new how the district is enforcing it seems to be. I recall being at my son's Christmas concert last year and hearing the director say "Merry Christmas!" Ms. Puzio told me teachers can say "Merry Christmas" if they "are sure everybody in the room celebrates." There is also a change in the room decoration policy. Over the past 5 years I  have volunteered at several holiday parties in the district where teachers displayed decorations and it wasn't an issue.

I was notified of this controversy after several schools held meetings to address frustrations of staff members. I understand you often give your opinion on the site. I do not. I was attempting to give a fair report, but was denied by the superintendent after several requests. We offered to wait for her to finish her important business. I would not expect anyone to put an interview before the needs of a child. My photographer made a final attempt before the board meeting, but was told she wouldn't comment.

News 8 has high standards and I can assure you we confirm everything before we report it. Keep up the good work covering the news in this neck of the woods! Thank you.

Photos: Holiday lights downtown

By Howard B. Owens

Downtown is being transformed into a more festive holiday mood with Christmas lights in one of the parks, next to HSBC, and snowflakes hanging from the street lamps.

Two Batavia men cited for environmental conservation law violations

By Billie Owens

Two Batavia residents were issued tickets in Wyoming County during the opening weekend of gun season for deer hunting.

State Troopers from the Warsaw Station working alongside the Department of Environmental Conservation Police charged 13 people for a total of 20 violations of the Environmental Conservation Law.

They included Daryl S. Mays, who was located on Durfee Road in Middlebury and issued citations for illegal taking of an antlerless deer and failure to tag a deer. He will appear in the Middlebury Town Court.

Also, Rocky D. Gringer, 77, was located on West Middlebury Road and issued a citation for having a loaded firearm in a vehicle. He, too, will appear in the Middlebury Town Court.

Robotics team grabs first place in competition

By Howard B. Owens

Press release:

The Genesee County Aces Robotics Team participated at the Finger Lakes First Lego League Buffalo Qualifier competition on Saturday at the Buffalo Academy of Science Charter School and won first place for Robot Performance.

They will now advance to the Finger Lakes Regional competition at the University of Rochester on Dec. 3. The winner selected at that competition will go on to participate at the World Festival in Missouri, which is an international competition.

The theme of this year’s challenge was food safety. The robots are made entirely of LEGOS and are programmed to interact with devices made of LEGOS on a table. The teams also had to research a food-contamination problem, develop a solution, and present their work to a panel of judges.

Pictured from left are: Trevor Zauner, Quinton Tarbell, Colton Tarbell (team assistant), Jomni Tarbell, Lukas Johnson and Clayton Fox.

(Submitted photo)

Widow of inmate who died in custody threatening lawsuit against county

By Howard B. Owens

The widow of a Wyoming County man who died while in custody of the Genesee County jail has filed paperwork that paves the way for a possible lawsuit against Genesee County, the Democrat & Chronicle reported this morning.

A doctor who was treating Nikko Gambino questions whether Gambino -- who changed his name at some point from Robert Goering -- was given safe access to his prescription medication.

"When somebody is incarcerated you have a responsibility to avoid doing things to them that are going to lead to them dying," said (Dr. Thomas) Walters, a physician based in Livonia. "This is a predictable, preventable death."

Whether Walters' belief is true — namely, that negligence contributed to Gambino's death — could be answered by his autopsy. That autopsy, which would include toxicology results, has yet to be finalized, according to a Genesee County coroner.

As is required in all in-custody deaths, the NYS Commission of Corrections is conducting its own investigation into Gambino's death.

Gambino's wife, Holly Gambino, last month filed a notice of intent to sue the county, alleging in court papers that the death was caused "by withdrawal and other illnesses from medications wrongfully and negligently withheld and/or disallowed by the Jail."

Gambino first made the news locally when he was arrested in September 2010 for impersonating federal law enforcement agents.

He was serving an intermittent sentence in July on that conviction when he was arrested for allegedly smuggling drugs into the jail in a body cavity.

The D&C article says some or all of those drugs were his own prescription medication, which he was allegedly not being allowed to lawfully bring into the jail.

County officials were not able to comment on the case because of possible pending litigation.

Driver seriously hurt in crash on Ledge Road, Alabama

By Howard B. Owens

One person was seriously injured Sunday morning in a two-car collision on Ledge Road, Alabama.

The cause of the accident remains under investigation.

Alabama Fire Department and Mercy EMS were dispatched to the accident at 6:21 a.m.

Gordon L. Montgomery, 53, of Batavia, was trapped in his vehicle and needed to be extricated. Montgomery was transported by Mercy EMS to ECMC where he is being treated for internal injuries.

John D. Anderson, 58, of Basom, suffered minor cuts and was treated at the scene and released.

The initial investigation indicates that Anderson was eastbound in a 2005 GMC Sierra when Montgomery's 1998 Pontiac Sunfire crossed into the eastbound lane for an undetermined reason. The two vehicles hit head on.

Also assisting at the scene were the Pembroke and Indian Falls fire departments.

Cutting out cancer at the Batavia City Centre

By Rick Franclemont

Le Beau Salon and a host of others put on a carnival of beauty as a benefit for the Voltura family.

Nicole Voltura, a wife and mother of three, is dealing with not just one terminal illness, but three. She has recently undergone surgery to remove a sarcoma from her leg. On Oct. 7, she went for her fourth round of chemotherapy to treat two separate rare autoimmune diseases.

This benefit helped raise funds needed to offset some of the medical bills and to support the needs of her family.

Nicole is the owner of Glitz-n-Glamour Salon.

Among the many activities for the whole family were nail art, mini-manicures, hand facials, make-up technique sessions, bling hair extensions, eyebrow and lip waxing, blowouts, and face painting.

In addition, there was a Chinese auction, instruction in hip-hop dance techniques and a Zumba class.

Paige Haile getting a mini-manicure.

Sponsers of the event included: Le Beau Salon, Suzanne's School of Dance, Hot Heads, The Mane Attraction Salon, Charley's Salon, Zumba with Diane Cox, Glitz-n-Glamour, and Tommy Nails.

For more information on how to make a donation please contact Erika Siverling at Le Beau Salon, 343-1017.

More pictures from the event can be found here.

Santa visits Present Tense open house

By Rick Franclemont

Santa was spotted at Present Tense today for their holiday open house.

Sitting among the books, unique gifts and toys, he was going over his naughty and nice list.

Esme Coleman sitting on Santa's lap.

Emily Caldewell telling Santa what she wants for Christmas.

Visit the Present Tense website for more information on specials this month.

Santa visits Oliver's Candies in Batavia

By Rick D. Franclemont

Today was Santa's annual visit to Oliver's Candies in Batavia. Store Manager Jeremy Liles said that the event is held to kick off the Christmas season every year on the Saturday before Thanksgiving. The line of kids waiting to see Santa stretched across the store to the door.

Some of the kids, happy to tell Santa what they wanted for Christmas.

Outside was a petting zoo for the kids.

The Batavia Area Jaycees were on hand with refreshments.

Just in case you weren't prepared for Santa's Christmas visit, the Girl Scouts had plenty of cookies. Just add milk.

Photos: HLOM Wonderland of Trees

By Howard B. Owens

There are more trees this year, and more people showed up Friday for the Wonderland of Trees gala at the Holland Land Office Museum, according to Board President Bob Turk.

The display of trees decorated by local groups and businesses runs through Jan. 3, with a children's gala set for noon to 4 p.m. on Dec. 17.

Ann Reid, representing the Genesee Symphony Orchestra, accepts a plaque to be placed on a new display of historical items and pictures donated to the Holland Land Office Museum commemorating the orchestra's long history in Genesee County.

Top Items on Batavia's List

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