Spike is missing.

The tortoise belongs to a local family who's owned him for 16 years. He escaped from their yard around 2 p.m., Friday. A neighbor on Summit Street, trying to be helpful, thought Spike was a turtle and took him to the Tonawanda Creek behind the courthouse and released him. It's possible two kids who were there fishing took him home.

Family friend Mike Hilchey is fielding tips on Spike's whereabouts. He can be reached at (585) 344-0931.

Press release:

There is a water main break on Union Street in front of Notre Dame High School, and a Water Department crew has responded to begin repairs. Water service on Union Street will be affected in this area, and water discoloration may be noticed in the surrounding areas. Union Street will be closed to traffic between Richmond Avenue and Soccio Street until repairs are complete.

Bergen resident Shane P. Buyck, 26, was sentenced today by Judge Robert C. Noonan to three-and-a-half years to seven years in state prison. Buyck pled guilty to third-degree burglary earlier this month. He is a second felony offender.

Buyck burglarized a residence on North Road in Bergen on May 25. After the homeowner found Buyck in the house, he fled on foot leaving his car in the driveway. Deputies located Buyck lying in thick brush in a wooded area near the house.

The homeowner filed an order of protection against him.

The East Pembroke Fire District plans to proceed with the construction of a new fire hall at a different location. 

After residents voted to approve to build a new fire hall last year, the project was delayed by Fire District officials to consider a more suitable location.

According to Robert Yungfleisch, chairman of the East Pembroke Fire District, the property that was originally part of the project had wetland issues and would have been expensive to build on. After a property owner offered to donate a parcel earlier this year, the Fire District decided to wait on the project.

The Fire Commission met last week to discuss moving forward with the project as soon as they take ownership of the property.

The donated parcel is located on Barrett Drive near property already owned by the Fire District. The parcel is approximately six to eight acres. 

Due to the change of address, residents must vote on the project again. The environmental studies and site assessments must be redone as well.

Yungfleisch stated taxes will not go up for 20 years. The tax increase that was implemented last year figures in the mortgage on the new building, new equipment, maintenance and other expenses.

The cost of the project cannot exceed $3 million. The Fire District is in the process of making adjustments to cut down the original estimated cost of $3,170,000. Although the cost of materials and labor has increased since last year, Yungfleisch thinks the district can work within the budget.

"With the new property, we are looking at different options for labor and materials so it shouldn't be a problem knocking off $170,000," Yungfleisch said.

The project can receive up to $500,000 through a New York State Emergency Services Revolving Loan. The rest of the project will be funded through U.S. Department of Agriculture’s Rural Development Loan. Property owners will pay for the loan over 30 years.

The Fire District has been dealing with structural problems with its current building ever since a car struck the fire hall in 2012. A new fire hall is needed to handle the weight of the fire trucks and provide extra storage for equipment. 

"The new fire hall will serve our community for 100 years," Yungfleisch said.

The Fire Commission will meet again to discuss project expenses before they hold a public hearing in September. The vote is tentatively set to take place in October. If the vote is approved, Yungfleisch, hopes to start building the new fire hall next spring.

A parent who lives in an apartment on Colony Run in Alexander called dispatch to complain that their adolescent child got a tattoo from someone in Bethany without permission. A Sheriff's deputy is responding.

An inexperienced jumpmaster has been blamed by Army investigators for the death of Sgt. Shaina Schmigel, the former Batavia resident who died in a training accident at Ft. Bragg in North Carolina on May 30, 2014.

The Army Times reports that the jumpmaster was performing his duties for the first time and was not current on his training.

The Times reports:

Schmigel’s equipment was misrouted so that, when exiting the plane, she became a “towed jumper.” While be being towed, the subsequent jumper exited the plane and Schmigel became entangled in his T-11 parachute. Schmigel reportedly died from fatal lacerations to the throat and a broken neck. The entire incident lasted three to four seconds, according to the report.

After Schmigel was hit by the second jumper, her body continued its decent with the parachute deployed properly. Nobody noticed anything was wrong until she was found unresponsive on the ground.

The information about the accident was obtained from the government through a Freedom of Information Request.

The jumpmaster, who was recommended for reassignment, also reportedly failed to attend a pre-jump briefing.

The investigators, however, found no criminal wrongdoing. The report contains a number of recommendations for improving paratrooper safety.

Kelly Chamberlain and Luanne Burns, 1979 graduates of Batavia High School, have patented a new product called the Speakbubble.

Chamberlain, a 21-year Navy veteran said, “I thought of the idea two years while driving on the highway, I saw magnets and bumper stickers on cars. I do not like bumper stickers because they are difficult to remove and thought about something that could be used to write a message, that could be changed daily or whenever the user wished.”

He further developed the idea and went to the patent office in 2013, completed the lengthy patent application process and was granted the patent for the Magnetic Speakbubble.

Chamberlain describes the Speakbubble as “a dry erase magnet that could be used in your home, office or as a Twitter for your car." It comes with a dry erase marker and allows you to create customized messages for not only the car, but for the refrigerator, lockers, office equipment, and anything magnetic.

After completion of the patent process, colleague LuAnne Burns designed the Web site for the product, which is www.myspeakbubble.com. The product is made in the United States, retails for $15.99 and is not currently available in stores.

Chamberlain and Burns are offering a 20-percent discount on their product for Genesee County residents by using the Promo code “WNY” when ordering on the Web site. In addition, the Speakbubble can be used as a fundraiser or a promotional product for organizations, sports teams, or businesses.

Photo: Kelly Chamberlain and LuAnne Burns.

A man was reportedly struck by a garbage truck and briefly pinned between it and a dumpster at 396 Wright Road, Alabama, near Tesnow Road. He is no longer trapped but his condition is unknown. Alabama fire and Mercy medics are responding.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today condemned the decision by the Fast-Food Wage Board to raise the minimum wage for all fast-food workers statewide to $15 per hour. Hawley said that non-elected bureaucrats making statewide labor policy is an irresponsible way to govern and sets a dangerous precedent that is wrong for New York State.

“As a small-business owner for over four decades, I am appalled at the governor’s handling of this situation,” Hawley said. “Allowing a group of non-elected officials to determine a major change in labor policy for New York’s fast-food industry sets a dangerous precedent of allowing bureaucrats, hand-picked by the governor, to make legislative decisions without debate or input from the Legislature.

"A sharp wage increase will undoubtedly lead to higher prices for consumers and the termination of many employees statewide as franchise owners adjust to deal with higher labor costs. The minimum wage was never meant to be a living wage and a more viable solution would be to create more sustainable, career-oriented jobs instead of providing an incentive against working hard to advance.”

Press release:
The Ellicottville Brewing Company will be visiting Downtown Batavia on Thursday, July 30th, to receive its Beertavia plaque for the “2015 Western New York’s Brew of the Year” for its Blueberry Wheat Beer, which won the best brew at the Beertavia event held on May 16th by the Batavia Business Improvement District (BID).

Ellicottville Brewing Company wanted to receive their award in person and will be at Angotti’s Beers of the World on Jackson Street at 11 a.m. this Thursday.

The inaugural Beertavia was a tremendous success with more than 14 craft brewers in attendance. The goal was to not only bring another event to the Downtown, but also to highlight the advantage of having a brewery in Downtown Batavia.

“Two breweries have been looking at spaces Downtown,” said Laurie Oltramari, the incoming executive director of the BID. “The Batavia Business Improvement District has always strived to provide businesses, new and existing, with opportunities to grow and succeed.”

“Shop Local, Shop Downtown.” Sponsored by: Batavia Business Improvement District. For more info contact the B.I.D. Office at 585-344-0900 / visit us at www.DowntownBataviaNY.com. or like us on Facebook at DowntownBataviaBusinessImprovementDistrict.

Thomas M. Russell, 44, of Seven Springs Road, Batavia, is charged with strangulation, 2nd, following an alleged domestic incident on Harvester Avenue. Russell was put in the Genesee County Jail on $5,000 bail.

Beth G. DeLaVergne, 22, of Kendall Road, Pavilion, is charged with endangering the welfare of a child following an investigation when the parents of a 1-year-old child allegedly found reddish handprints on both shoulder blades after the child returned home from a daycare center in the village. After an investigation, Le Roy Police found DeLaVergne allegedly acted in a manner likely to be injurious to the child and while caring for the child grabbed the child under both arms excessively hard creating the red marks. 

Dortha L. Penders, 37, of Bank Street, Batavia, is charged with endangering the welfare of a child. Penders allegedly left her 10-year-old child and 3-year-old child at home without supervision and didn't have an adequate emergency plan in place while she went to work in an adjoining county. 

Rodney A. Gregory, 50, from Kent, is charged with criminal possession of stolen property, 5th, possession of burglar's tools and trespassing. Gregory allegedly entered onto the property of Hanson Aggregates in Le Roy without authorization on July 9. He is also accused of having tools used to commit forcible entry and property belonging to Hanson Aggregates in his vehicle. A staff member was routinely checking the property and noticed various thefts of scrap-type materials in Gregory's vehicle.

Edward C. Suhr Jr., 57, of Murray Street, Rochester, and Bruce J. Washington, 56, of Grand Avenue, Rochester, are charged with petit larceny. Suhr and Washington are accused of stealing approximately $421 worth of merchandise from Tops Market in Batavia. They were put in the Genesee County Jail on $5,000 bail.

Matthew J. Pasternak, 25, from Amherst is charged with DWI, DWI with a BAC of .08 percent or greater, moving from a lane unsafely and resisting arrest following a property damage accident on Main Street in Le Roy. Pasternak is accused of hitting a fire hydrant after getting in an argument with the passengers in his vehicle over his ability to drive in a safe manner. When officers attempted to take him into custody, he allegedly became abusive. He was put in the Genesee County Jail on $1,500 bail.

Tyanna D. Green, 20, of Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Green is accused of possessing cocaine and drug paraphernalia during an investigation into an unrelated incident.

William J. Reschke, 20, and David J. Reschke, 24, both of Transit Road, Stafford, are charged with giving or selling alcohol to minors following a report of an alleged underage drinking party at their residence. Both subjects are accused of providing alcohol to minors and a place to consume it. Nickolas B. Taylor, 20, from Orange, Va., is charged with unlawful possession of alcohol by a person under 21. Taylor allegedly possessed and consumed alcohol.

Dustin J. Wilmet, 26, of West Main Street, Batavia, is charged with burglary, 2nd, and petit larceny. Wilmet allegedly burglarized a residence on Bank Street and stole items in December 2014.

Robert W.  Devos, 27, of Lake Street, Le Roy, is charged with DWI and operating a motor vehicle with a BAC of .08 percent or greater. The incident happened at Batavia City Centre. Devos was put in the Genesee County Jail on $1,000 bail.

Leslie-Anne Irwin, 46, of Florence Avenue, Batavia, is charged with DWI, aggravated DWI with a BAC of .18 percent or greater, and aggravated unlicensed operation. Deputy Christopher Lindsay responded to Florence Avenue after receiving a complaint from a citizen about an erratic driver.

Christine M. Hendershott, 34, of Judge Road, Alabama, is charged with operation of a motor vehicle with a BAC of .08 percent or greater, DWI, following too closely, moving from a lane unsafely and driver's view obstructed. Hendershott was pulled over on East Main Street in Batavia by Deputy Joseph Corona for alleged traffic violations when he found her to be in an intoxicated condition.

Michael L. Jackson, 60, of Willow Street, Batavia, is charged with failure to use a sidewalk following a disturbance at Austin Park. Jackson allegedly failed to use the sidewalk and went out into the roadway.

Dana M. McGill, 55, of Maple Street, Batavia, is charged with petit larceny. McGill allegedly stole groceries from a local business. The incident happened on Ellicott Street in Batavia.

Joseph W. Freeman, 31, of East Main Street, Batavia, was arrested on two bench warrants issued out of Batavia City Court. Freeman allegedly failed to appear for a harassment charge and failed to comply with an agreement from Genesee Justice. He was put in Genesee County Jail.

Noel M. Wentworth, 46, of Myrtle Street, Le Roy, was arrested on a warrant out of Batavia City Court for allegedly failing to appear for an aggravated unlicensed operation, 2nd, charge. Wentworth was put in Genesee County Jail on $250 bail. 

Lonnie Ford Jr., 69, of West Main Street, Batavia, was arrested on a bench warrant issued out of Batavia City Court. Ford allegedly failed to pay a fine. He was processed and released after posting bail.

Anthony M. Paladino, 20, Aaron C. Lyons, 19, and Nathan E. Orlando, 19, are charged with unlawful possession of marijuana following a traffic stop on Summit Street in Le Roy. All three subjects were issued appearance tickets.

A dog is reportedly locked inside a white Chevy Impala in front of the Tonawanda Valley Federal Credit Union in Jefferson Square. An animal control officer is responding. It's hot and muggy today -- 83 degrees, with 49 percent humidity, according to the National Weather Service in Buffalo.

This morning we make a big change in how we handle classified ads and our local business directory. We've moved away from the sites handled by third party vendors and have gone 100-percent homegrown with a new site, Batavia's List.

Batavia's List replaces Shop Batavia, our real estate site and our jobs site.

Our goal was to create a very basic site that acts as a one-stop hub for all kinds of online commerce, from looking up a local business to putting items up for sale, and real estate listings, and job postings, and cars for sale and businesses with promotions and coupons -- all in one place, in one main feed that is easy to scroll through.

We'll also distribute the posts on Facebook (click here to LIKE Batavia's List on Facebook).

The new site also has an easy to use and free way for you to post your garage sales on a map and we've added a calendar of events (more on that to come in a future post). We'll add features as the site grows.

If you're ready to post something, e-mail me at howard@thebatavian.com and I'll send you a coupon code for a free, introductory ad placement.

Local business owners should make sure their business is listed and the listing is up to date.

Members of The Batavian Club can post for free, and as an introductory offer, we've reduced the price of a Club membership by more than half, to $24.95. The membership includes unlimited free classifieds postings as well as $300 in gift certificates to local businesses, plus we're still offering free T-shirts to new members.

Deputies have responded to Walmart to look for a shoplifting suspect who drives a black hatchback but may be hiding in the woods nearby the store.

The subject was reportedly trying to steal an air conditioner, and has been attempting the same heist several times this week, according to a dispatcher.

Pictures submitted by Dylan Brew of of a hummingbird clearwing moth spotted in Alexander. 

Elba volunteer firefighters hosted a boot drive Saturday to benefit the local Boy Scouts to help them purchase a new gear trailer. The old trailer has a broken axle. Karl White, who supplied the photos, said the drive raised nearly half the cost of the trailer.

There's a nice patch of yellow daisies that have popped up in a field near the intersection of Judge Road and Alleghany Road, Alabama.

Doug Smith, of Batavia, won the Harley Raffle hosted by the Town of Batavia Volunteer Fire Department. The photo above is of one of the $500 drawings.

The $500 winners: Eric Bruggman, Attica; Bill Lickfield, Hamburg; Chris Rockerfeller, Batavia; Kristina Lobello, Batavia.

To purchase prints, click here.