About 16 people gathered in the town of Batavia last night for a meeting to discuss possibly formulating a farmland protection plan for the town, according to the Daily News.

The town has about 19,000 acres of agricultural land, which accounts for roughly 60 percent of total land in the town.

Roger Muehlig writes:

The goal is to create a land use policy on how to keep agricultural land in production and protect it from commercial and residential development.

In other news, the city of Batavia has hired a new code enforcement officer. Apparently, Ronald Panek has been working since last week. Panek, 41, is from Wyoming.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Genesee County Sheriff Gary Maha issued the following press release today:

Sheriff Gary T. Maha cautions hunters not to hunt or stray on property of the Tonawanda Indian Reservation in the town of Alabama. "It is the hunter's responsibility to know where they are," Sheriff Maha said. Hunting or fishing on the Reservation by a non-Indian is prohibited.

Hunters who hunt or stray on Indian Land may be subject to Tribal Law, which could involve having their guns seized and heavy fines assessed by Reservation Chiefs or Indian Marshals. Law enforcement cannot help in these situations, except by keeping the peace. "The Tonawanda Indian Reservation is a Sovereign Nation and we have to recognize that," the Sheriff said.

Recent meetings have been held between representatives from the Tonawanda Indian Nation, the U.S. Attorney's Office, New York State Police, New York State Department of Environmental Conservation Police and the Sheriff's Office to discuss this issue. Nation Chiefs have the right to enforce their laws on Reservation property.

Over the past couple of years there have been incidents involving the seizure of firearms from hunters who have strayed onto the Tonawanda Reservation and the Chiefs have imposed fines. Members of the Tonawanda Nation and law enforcement wish to avoid any confrontations in such cases and wish to educate the public of the possible consequences of hunting on Indian land.

Harley Burfield, 20, of Buffalo, was charged with third-degree criminal mischief Thursday, Genesee County sheriff's deputies said. Burfield is accused of damaging the window of another vehicle following a road rage incident in Alabama.

Jeffrey M. Schmitt, 54, of Oakfield, was charged with driving while intoxicated and unlawful possession of marijuana Thursday, deputies said. Schmitt allegedly drove off the road on Route 262 in Byron and crashed into a utility pole, where he was found by deputies. He was also ticketed with moving from the lane unsafely.

Anthony P. Lovetra, 19, and James C. Hotnich, 20, both of 8170 Batavia-Stafford Townline Road, Apt. 1102, Batavia, were charged with unlawful possession of marijuana Thursday, deputies said. Following a traffic stop investigation one week ago, deputies searched the apartment of Lovetra and Hotnich and allegedly found marijuana. Hotnich was also charged with possession of alcohol under 21 with intent to consume.

Genesee County Manager Jay Gsell told WBTA's Dan Fischer that the potentially drastic cuts being talked about by Gov. David Paterson at the state level should have only a "minimal" impact on the proposed county budget for next year. The governor's plan for cutting spending involves mostly reductions to proposed increases, which wouldn't interfere much with the county finances.

In other news, congratulations are in order for Ed Leising of Batavia who was recently awarded the 2008 Health and Humanitarian Award by the Jerome Foundation and the United Memorial Medical Center Foundation. Dan Fischer tells us that Leising was "recognized for his charity work as a member of the Batavia Rotary Club" and because of his volunteer work with the hospital and other organizations.

Often you hear people talk about how government should be run like a business, and it is a nice metaphor for reminding people that cost controls are important, and the books should be balanced, but the phrase masks a very important reality: Government is not a business.

In our talks with people around town about our belief in an open, transparent government, we are sometimes confronted with the idea that government should be run like a business.

Specifically, the City of Batavia should have only one spokes person, and that person is City Manager Jason Molino.

When we spoke to the City Council on this subject a couple of weeks ago, that was exactly the argument Councilman Bill Cox used in dismissing our request for more open access to the local government.

Earlier this week, when we did a post on this topic, John Roach left the following comment:

Jason is right not letting city employees speak with you or the other news media. He is dead right on that. There can be only one spokesman for an organization and all public agencies have that policy. In fact, most private companies have the same policy: one spokesman.

Both Philip Anselmo and I responded about how neither of us, in all of our journalistic experience, have ever dealt with a city government that prohibited employees from talking to the media.

It's just not normal.

But here's where the argument that government is like a business really breaks down:

A government can do things a business can't. A government can impose taxes; a government takes those taxes and decides how to spend those dollars in ways that can have profound impacts on citizens' lives; a government employs people who carry guns and can lock up citizens for reasons both great and small; a government can tell you where and how to hang a sign, what color to paint your house, what repairs must be made to your front porch, what new structures you can erect and where you can do it and what materials can be used; a government is responsible for running facilities -- such as parks -- for the public benefit.

In other words, a government has great power over, awesome responsibility for, and substantial accountability to every person within its jurisdiction.

Businesses, on the other hand, rely on competitive advantages and trade secrets to maintain profitability and ensure it can maintain and grow jobs for the people of a community. Without successful businesses, there would be no taxes to collect. That's why the freedom of information laws always enjoin government agencies to protect trade secrets when exposed during the transaction of business between a company and  a government agency. 

Can businesses be abusive? Sure, but there are also laws that regulate businesses (and though often changing or unevenly enforced for good or ill, they do exist), anti-trust laws to prevent any one business from becoming too powerful, and the free market to check and diminish a business's power.

So there really is no comparison between a government's obligation be open and transparent and a private (or even publicly held) company's right to keep some secrets.

In a well run government, free of malfeasance and derelictions, there should be no reason for any muzzles on any staff member, from the janitor on up to every department head.

We've also heard the argument -- "well, if you want to know something, just FOIL it."

FOIL stands for Freedom of Information Law (at the Federal level it's known as the Freedom of Information Act, or FOIA). Go read the opening section of FOIL. It's a beautiful thing. It makes our case for us.

The fact is, if a government agency was operating under the principles of FOIL, living within the spirit of the legislation instead insisting on following the letter of the law, there would never, ever be any reason for a private citizen or media representative to EVER file a formal FOIL request.

A truly open government would just hand over documents with a simple verbal request.

Open governments have nothing to hide and no secrets to keep except those specifically and explicitly enjoined to it by state or federal law.

We shouldn't even need legislation such as FOIL to find out what our government is up to, but the Legislature found it necessary to stop abuses by overzealous government administrators.

But there are three primary problems with FOIL.

• A government agency has five days to respond to a FOIL request, and agencies that wish to delay release of information will take full advantage of this provision;
• FOIL requests must be written in such a way as to be very specific about the records reqeuested -- write the request too broad, and a government agency can use the lack of specificity as an excuse not to include some documents; write it too narrowly and you might miss the most important documents;
• FOIL doesn't cover human intelligence -- not everything you might want to find out about how your government is working is contained within a specific document. Some of it is only contained in the minds of the people who know what is going on. There is simply no substitute for talking with a person and asking questions.

With these liabilities, it is improper for a government agency to hide behind FOIL as a means of controlling the flow of information.

We don't think we're asking for much: We're just asking that the City of Batavia be run in an open, transparent manner so that taxpayers are well served. Until that happens, how can we trust that power isn't being abused and tax dollars are being well spent?

 Le Roy (10-0) vs. Jamestown Southwestern (10-0)

10 a.m. Saturday, at University at Buffalo

The Le Roy football team has cruised to big wins for most of the season, and then ran into its biggest challenge of the season in the Section 5 Class C finals last week in Oakfield-Alabama.

This might be an even bigger challenge as Southwestern is traditionally a very strong Class B team that has moved down to Class C this season.

The Oatkan Knights do have experience with Class B schools, beating Batavia 27-13 and Hornell 41-19.

But Southwestern has had a bigger year than either Batavia or Hornell. The Trojans are undefeated, the second-ranked team in the state (Le Roy is No. 1), has a strong defense and an amazing offense.

While we all know about Le Roy's big wins, Southwestern has many of its own, including a 44-2 win over Westfield/Ripley, 28-0 victory over Allegany-Limeston and a 42-6 win over Falconer.  Falconer beat Le Roy the last time the Far West Regionals were played in Buffalo in 2006.

Westfield's last victory came in the Section 6 Class C championships with a huge defensive effort, beating Silver Creek 21-0.

The Oatkan Knights will have their hands full with the Trojan offense.

Coach Jay Sirianni is an offensive-minded coach and has the ultimate weapon in quarterback Zack Sopak. Sopak is one of three rushers that are over 600 yards rushing, but also has the ability to throw the ball.

Running backs Levi Bursch and John Mistretta are both at about the same number of yards as the quarterback.

The offense will keep the defense guessing.

“Our line does different things on different plays and they do a great job up front and it just opens holes for our backs,” Sopak told The Buffalo News after winning the sectional title, the second for the program. 

2004 is the only other time Southwestern has won a sectional championship, playing Hornell in the Class B Far West Regionals. You can find a complete history of the Far West Regionals in this complete  look at the history of the game.

Le Roy's offense has been spectacular all season long and will be battling a very good defense, which has not given up more than 14 points in a game this season.

Linebacker Ryan Buzzetto leads the defense with 83 tackles.

Class C offensive Player of the Year Travis Fenstermaker leads the Le Roy offense with 1,234 passing yards with 20 touchdowns and just three interceptions, with most of those passes going to Mike Humphrey, who has caught 49 balls for 747 yards and 12 scores.

Andrew Alexander will also get plenty of opportunities to run the ball, having picked up 1,466 yards and 14 touchdowns on 188 carries.

Le Roy has 14 sectional championships, and one state title. That lone championship came in 1995. 

City police and fire crews responded less than an hour ago to a two-car collision at the intersection of Washington Avenue and Bank Street. An SUV and a sedan collided, and the SUV was flipped up onto its side on Washington Avenue. We don't have all the details yet. Crews on the scene were still working them out when we left the scene. But it appeared that there were only minor injuries. We will get you the details as they become available. WBTA's Dan Fischer was also on the scene, so we'll check in later to see if he got any more information.

As you should be able to see in this photo, emergency crews had to cut out the windshield in order to extricate one of the vehicle's passengers. She appeared unharmed.

Today's opinion page in the Daily News features a letter to the editor on the topic of the city of Batavia plumbing inspector, who recently had her full-time position cut by the city to part-time and her hours dropped one half-hour below the threshold to qualify for health insurance.

This story was first reported in a great article by Joanne Beck a few weeks back.

In the letter today, authored by Beth Allen and Carol Grasso, the argument is made that Toal was treated unfairly by the city. In fact, the authors put it much more emphatically, when they write: "Someone very near and dear to the heart of this community is being treated with gross injustice." Here's some more:

Her salary was cut in half just two months before she would acheive 20 years of dedication and service to this community. Who made the decision to cut $25,000 at the expense of our public health in the first place? Barb spent her entire life in this county and we can't think of anyone else we know who cares more deeply for it. Then to top things off, she is cut to work only 19 1/2 hours a week instead of the 20 hours a week she would need to have her health insurance and other benefits covered.

Our county has a financial deficit to deal with, but what about the people who live here and make it what it is? Is this how our officials plan on rewarding all of its workers from now on?! Are we teaching our children that dedicating a lifetime of service and professional ability is to be rewarded in this fashion? Who the heck will want to stay in a community like that!!

It's obvious that Allen and Grasso feel very strongly about this. One needn't even consider the doubled-up exclamation points and the flourish of rhetorical questions to understand that. Yet there is much more to be gleaned from this letter than a simple and emphatic request for reinstatement. This letter and the circumstances that led to its being drafted make for a great time to have the conversation of how cities—especially small cities—ought to be run.

How much should municipalities be run like corporations? Because really, if we're to be honest with ourselves, this move of cutting Toal to half time just before she would qualify for pension and edging her hours just right so that the city doesn't have to pay for health insurance—that's a corporate tactic. It saves money. But at the same time, you better believe it carries the message: the individual is not important here. All that is done is done in the name of the greater good. This brings us to the seeming paradox that we, the people of Batavia—or whatever other community, however that community is defined—are the greater good. Yet, at the very same time, we, the people of Batavia, are the Barbara Toals of the community. So which do we favor? Which do we identify with? Because situations such as this, as that which is presented in this letter, make it clear that we have to choose a side.

Beth Allen and Carol Grasso make it quite clear which side they have chosen. At the end of their letter, they list the names, e-mails (where available), addresses and telephone numbers for the city leaders. So, will you send a letter?

In other new, if you're wondering what the municipal bosses and boards are doing in Albion, Shelby, Warsaw and Le Roy, today's Daily News is your kind of newspaper.

Out in Albion, that Village Board has decided to pursue a legal battle to "oust" Ron Vendetti, the village's current code enforcement officer. Vendetti has been accused of "rudeness with residents" and "incompetence on the job."

More such Albion news, along with what went on at the Wyoming County Board of Supervisors meeting, can be found inside the paper. Also, the town of Le Roy will hold a public hearing on the proposed 2009 budget tonight at 7:00pm at the town hall.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Alan D. Tidd, 49, of 3191 Galloway Road, Batavia, was charged with second-degree sexual abuse and endangering the welfare of a child Saturday, state police said. An investigation revealed that while Tidd was employed at Oakfield-Alabama School District as a bus driver, he allegedly touched a 13-year-old student "inappropriately." Tidd was arraigned in the town of Pembroke Court and released on his own recognicance and is scheduled to return on December 9.

We here at The Batavian heard from multiple sources over the past few days that the St Nicholas Social Club of Batavia had been closed down. We spoke this morning with Tim Walsh, a member who was on site at the Swan Street social club. Walsh is the current club manager.

When asked if the club was closed, Walsh replied: "No, not at all."

"It's mostly been rumors from disgruntled employees who were let go," said Walsh of all the talk that the club was shut down. The family that had been in charge of the place for the past ten to twenty years or so had been let go, he said. It's likely that they were responsible for spreading the rumors. Walsh figured it was a board decision to let them go. "It was time for a change."

St Nick's, as it's more commonly known, has been around since at least the 1950s, said Walsh. It's a membership-only Italian social club, in his description.

"We have 1,100 members," said Walsh. "We're trying to get most of them to come in and patronize the place. It's tough times right now."

"Friday nights we knock 'em dead here," he added. "We're open for lunch Monday through Friday, and for dinner on Wednesday or Friday. Lunch and dinner is not restricted to members. Friday nights are our busiest night each week."

Only members and their friends, however, can drink alcohol at the club because of state regulations. St Nick's also has a karaoke night once a month and hosts "a lot of benefits," he said.

"This is the best club in town," said Walsh. "Just about everyone in town knows we're here."

Libertarian blogger/columnist Megan McArdle has deep roots in Western New York.

I love western New York, which may be the most beautiful place on earth.  I love the old cities, the Victorian shells that whisper of much happier days, and the broad, rolling hills, and the broad flat accents of the people who live on them.  I love waterfalls softly falling downtown and the Buffalo City Hall.  I love the place as you can only love somewhere that your family has been living for 200 years.  I would save it if I could.

But I can't save it.  Pouring government money in has been tried . . . and tried, and tried, and tried.  It props up the local construction business, or some company, for a few more years, and then slowly drains away.  Western New York has been the lucky recipient of largesse from a generous federal government, a flush state government, and not a few self-made men with happy memories of a childhood there.  And still, it dies.

Megan's post is arguing against using taxpayer money to stave off the failure of the Big-3 automakers in Detroit.

It's sounds like, though, she is against any number of government programs to help businesses start and grow, and there's a libertarian case to be made that government props get people overly dependant on handouts, killing entrepreneurial spirit

But what I really thought about as I read her piece was how the businesses that once employed so many people in Buffalo, Rochester and Syracuse, as well as Batavia and LeRoy, didn't get their starts because Congress allocated a wad of cash to finance factories and office complexes.

These businesses got up and running because of the energy and vision of entrepreneurs -- often men, and some women, with little means, just an idea and the determination to see it become something worthwhile. They didn't look around Western New York and see obstacles or excuses. They saw opportunity.

WNY is a great place to raise a family and run a business. What's going to save it isn't government programs, but a new generation of entrepreneurs.

Batavia is doubly blessed because it already has a model for building new businesses with a track record of success -- the Harvester Center -- Joe Mancuso's sacred structure of entrepreneurship. To this day, as we reported yesterday, the Mancuso Business Development Group is already leading the way in helping new businesses get started.

I've toured the Harvest Center -- there is plenty of space available for any enterprising individual who wants to start a new business.

Also, Alice Kryzan may have lost the Congressional race, but her push for developing green industries in Western New York shouldn't be forgotten. In fact, we should encourage Alice to carry on with the effort.  She doesn't need to be an elected official to be an effective leader in bringing together business owners and bankers to help create new jobs. In fact, it would probably be preferable to promote the effort without, or very little, government assistance.

When I look at things like the Harvester Center, or parts for wind turbines being hauled down Main Street, or local farmers experimenting with alternative energy sources, or an increase in shipping on the Erie Canal -- when I see and read these things, it gives me hope for the future of Western New York.

There's no reason not to expect WNY's best days are ahead.

Notes: Though I occasionally read Megan's blog, hat tip to Buffalo Pundit for pointing out the post; Also, Megan uses a photo of the Kodak Building from Flickr credited to SailorBill.  Ironically, SailorBill is my boss. The picture at the top of this post is one I took myself two years ago.

Some 2,000 residences in the city and town of Batavia and the town of Pembroke were without power this morning, according to WBTA's Dan Fischer. Electric was expected to be back up and flowing again by about 8:00am this morning. A transformer fire near Williams Park early this morning is believed to be responsible.

Last night, the Genesee County Legislature made its first tweaks to the proposed 2009 budget and cut in half the originally suggested 4.2 percent tax rate increase—which would have meant an added $10.26 per $1,000 of assessed valuation. County Manager Jay Gsell hopes that the legislature can eliminate the tax increase altogether by December 10, when the budget will be adopted.

Last night, CBS News reported (watch the video above) that contrary to promises from Congress, that $700 billion bailout for the nation's biggest banks, the bailout intended to help banks get toxic loans off their books and to kick-start new borrowing and stimulate the economy -- well, nobody really knows how the banks are using the money.

Congress, in its rush to ram this legislation through, didn't require a stitch of regulatory oversight.  And the banks obstinately told CBS: "We don't have to tell you what we're doing with that money."

Meanwhile, it's been reported elsewhere -- as CBS refers to the reports -- that some of the banks are using taxpayer money to go on buying sprees, acquiring smaller banks and making themselves bigger.

That isn't what Congress promised us would happen with our money.

Meanwhile, one of our own businesses -- Pontillo's Pizzeria -- is clearly having its own financial struggles.  The venerable Main Street eatery is more than $112,000 behind in taxes. The family is involved in a messy lawsuit. It's currently shut down, reportedly for renovations, but the signs are clearly troubling.

We don't see Henry Paulson rushing to Batavia to help out John, Paul and Sam, but his fat-cat buddies on Wall Street are doing just fine.

The situation with Pontillo's is important, and as much as some people might like to see the news of the restaurant's struggles swept under the rug, it isn't going to help Pontillo's or the community to hide from these issues.

What's going on with Pontillo's has a ripple effect throughout Genesee County -- the restaurant employed local people who spent some portion of their revenue locally, and paid rent to local landlords, and the restaurant did business in some degree with local suppliers, and all of those people are affected, too.

Clearly, the situation is heartbreaking for all the people who grew up with Pontillo's, either as former employees or loyal customers.

Some people do what to know what's going on not merely for curiosity's sake, but because they care. This situation effects more than just one family. It effects the entire community.

Which brings us back to the bailout. 

Where is the bailout for Pontillo's?  Congress talked a lot about how what happens on Wall Street effects Main Street. So far, we're not seeing the connection.

Some of these banks that received cash from Congress have branches in Genesee County. Wouldn't it be appropriate for one of those branch managers to step forward and ask the Pontillos how they can help?

We're not holding our breath, but we are wishing the Pontillos well. We do want to see them pull out of this. When Pontillo's reopens, it should be a big community event.

 Attica's Derek Wolfley dominated Genesee Region League competition last season and finished as the school's all-time leading scorer with 1,474 points. He also had 932 career rebounds.

He landed a Division I basketball scholarship at Iona College and the Gaels open up the season on Friday with a home game against Hampton University.

Wolfley's college career is getting off to a tough start after the 6-foot-7, 230-pound forward has been fighting mono. Here is what coach Kevin Willard said in his blog about Wolfley.

"Derek has had the toughest time adjusting because he is just getting over mono and is trying to get back into shape. He had the worst first practice of any freshman I have ever seen – even worse than Rashon Dwight last year. But he has come back strong and is starting to play very well. He is a great passer and has a very good 17 foot jump shot. Derek’s new best friend is Khyl Farrison our strength coach. I feel bad for Derek."

Iona went 2-28 last season, but signed eight talented freshman for this season.

Here is some video of Wolfley playing at Attica.

From the Batavia Business Improvement District:

This is a contest for children, twelve years and younger, to make a holiday ornament and enter it into this contest. The ornaments will be displayed on a Christmas tree in the Batavia City Centre. The winners will be announced on Friday, December 5th. Winners will be announced at Christmas in the City, at 6:45pm, on the Main Stage in Batavia City Centre.

The Ornament Committee is looking to have prizes to give out to the various children whose ornament(s) win in the different categories.

If you are interested in donating a prize to this contest please contact Loretta Delpriore at 344-1283 by Wednesday, November 19th or fax the form below to: 815-4310. She will provide you with contest forms and other information.

Click here to download the donation form.

Last week, The Batavian reported that Pontillo's Pizzeria owed in excess of $112,000 in state taxes. That report came on the heels of an article in the Daily News in which Sam Pontillo claimed that he closed the restaurant in order to make renovations and officially purchase the property. A second article appeared in the Daily a couple days after our post that further confounded an already ambiguous story. Since then, more information has become available that may help us to ask some better questions in the hopes of getting some better answers.

On October 31, a civil suit was filed in Genesee County in which all three Pontillo brothers were named. That suit was brought by Buffalo attorneys Amigone, Sanchez, Mattrey & Marshall LLP on behalf of the plaintiff: John Pontillo. Listed as defendants in that case are: Sam, Paul and Salvatore Pontillo. No other details of the case were available at the Office of the Genesee County Clerk, and we have so far been unable to contact any of the brothers. We had left messages for Sam Pontillo last week that were never returned.

A week later, on November 7, a mechanic's lien was filed with the county by Roy H. Turnbull Inc. againt the estate of Elizabeth Pontillo and Pontillo's Batavia Pizzeria Inc. in the amount of $1,181.29. No specifics were listed in the record.

Those are the most recent facts. A search earlier today revealed no new filings with the county. Let us now take a moment to review the news as it was reported in the Daily. We feel that there are some contradictions and ambiguities that may help to shed some light on the situation.

From the first article, which appeared on November 4:

(Sam) Pontillo was advised that it would be better to just close the shop down and then re-open under new ownership. He regrets that he had to cancel a pre-election night party ... But he had no choice, Pontillo said. He was told that renovations were to happen now.

Firstly, who "advised" Sam Pontillo to close and "told" him that renovations had to "happen now"? In the same article, Beck writes that: "Sam has been on site running the Batavia and Le Roy operations the last several years." So if he's running the place, who is telling him to close it? Secondly, what are these renovations that they cannot be postponed even a single day so that the restaurant could cater a local party?

What's most confusing, however, is that in this first article, Sam Pontillo claims responsibility for both operations, in Le Roy and in Batavia. He would have to be running the place in order to make the decision to close it down, right? But in the article that appeared in the Daily on November 7—after The Batavian broke the news that the Batavia restaurant owed some $112,000 in unpaid taxes to the state—Sam Pontillo is quoted as saying: "I was locked out of the whole operation. John and Paul worked there (in Batavia). John was operations manager." Doesn't that contradict the claim in the previous article that Sam has been running the place for "years"?

Joanne Beck writes:

It was only after (Sam Pontillo) started the paperwork to buy the city property that Sam Pontillo became fully aware of the tax situation, he said. He doesn't dispute that tax warrants have been filed by the state Finance Department and Genesee County Clerk's office against the family business, which includes Pontillo's Batavia Pizzeria, Inc. and Sam's Tomato Pies, Inc.

But he doesn't claim them as his, either. The business is still owned by his mother and was not run by Sam, he said.

What!? Does Sam Pontillo run the business or not? What does it mean to be "fully aware"? Could he have been "partially" aware? What would that have signified? How can Sam not claim the tax warrants filed against Sam's Tomato Pies?

It is also reported in the most recent Daily News article that: "Genesee County records did not show any outstanding tax warrants on the Le Roy Pontillo's." That's true. As Sam Pontillo himself says of the Le Roy location: "I don't owe one cent for this place."

But Pontillo's Le Roy Pizzeria Inc. has been named in a civil suit filed by the Workers' Compensation Board of the State of New York that was filed on October 20. The Board also filed a money judgement in the amount of $1,250 against the Le Roy operation. As for any outstanding tax warrants, there are none. Pontillo's Le Roy Pizzeria Inc. was, however, served with a tax warrant by the New York State Department of Taxation and Finance in the amount of $700.63 in November, 2007. That was paid.

All in all, there are more questions than answers at this point, and I have yet to see a single car parked at the Batavia Pontillo's, which is supposed to be undergoing renovations right now. I guess we ought to take Sam Pontillo at his word when he says: "The remodeling won't be an obvious change that patrons will notice."

Two new paid employees and a volunteer have joined the staff at the Salvation Army in Batavia for the holiday season, according to the Daily News. Joan Stevens, Suzanne Wheeler and Mike Morasco bring diverse experience to the crew. Check out the article by Virginia Kropf for more on the new hires.

In other news, the Alzheimer's Foundation of America will host free memory screenings from 9:00am to 1:00pm on Tuesday at Kmart, 8363 Lewiston Road, in Batavia.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

A pair of Pavilion high school students face drug and alcohol charges following a K-9 search in the school's parking lot last week, Genesee County sheriff's deputies said. Mason Dumbleton, 17, of Pavilion, was charged with unlawful possession of marijuana. Sarah Freeman, 17, of Wyoming, was charged with unlawful possession of an alcoholic beverage.

Cameron P. Sitarek, 18, of Darien, was charged with driving while intoxicated and leaving the scene of a property damage accident Saturday, deputies said. Sitarek allegedly caused damage with his vehicle at a residence on Tinkham Road in Darien. He was also ticketed with moving from the lane unsafely.

Jared Brannan, 24, of Churchville, was charged with criminal possession of a controlled substance and criminal use of drug paraphernalia Tuesday, deputies said. Brannan was allegedly found in possession of crack cocaine following a traffic stop on Route 5 in Stafford.

The fantastic season of the Notre Dame Boys Cross Country Team wrapped up with a third place finish at the New York State Cross Country Championships at Sunken Meadow State Park in Long Island.  Beaver River was the winning team with 57 points and Barker squeaked ahead of ND by one point.  Junior Kevin Pawlak was the top Irish harrier, finishing in 18th place in 18:05.  Freshman Quin O'Connor, ND's #1 man, was injured on the first downhill of the race after the mile mark, but fought through the final two miles to finish in 24th place in 18:15 (it was discovered yesterday that he fractured his heel in the race.  He will be back on his feet in late December).  Senior Eric Shormann had another great race and finished 40th, with Seniors Matt Jackson 44th, and Taylor Alexander 55th.  Junior Nate Flumerfeldt came in 71st and Freshman Marshall Argenta was 109th. 

The Pembroke team ran to a seventh place finish with 156 points.  Newark Valley won a one point decision with 62.  Colin Bartholomew taking 24th place.  Matt Seward was 48th, Adam Mahaney 69th, Kyle Mauer 70th, Mark Riegel 91st, Ben Farley 103rd, and Ethan Burns 108th. 

Other area racers included:  Class C Girls: Kristina Martin of Holley placed 21st, Katie Piechowiak of Attica placed 60th.  Class D Girls:  Kim Mills of Oakfield placed 7th, Liz Valento of Pavilion placed 10th.  Class B Girls:  Angela Jarvela of Batavia finished in 23rd place.  Class C Boys:  Frank Johnson of Letchworth placed 14th, Jaked Krautweist of Leroy placed 34th and Jack Bennett of LeRoy placed 51st.  Class D Boys:  Kevin Grazioplene placed 8th, Justin Richardson of Pavilion placed 17th, and Craig Cicero of Perry finished 25th.

Congrats to all the Cross Country runners from the area on a great season!