Press release:

Congressman Chris Collins (NY-27) today released the following statement after introducing the Small Business Regulatory Sunset Act, which will reduce excessive regulations hurting small businesses.

“Small business is the economic engine that drives our economy,” Congressman Collins said. “To unleash the good-paying job opportunities and economic benefits small businesses provide for Western New York, we need to reduce burdensome regulations. This common-sense legislation eliminates duplicative regulations, while incentivizing agencies to eliminate rules that hurt small businesses.”

This legislation is the companion bill to S. 846, which was originally introduced by Sen. Mark Kirk (R-IL).

“Small business is the engine of the American economy, and it is clear that the burden current regulations are placing on business owners is disadvantaging new innovations,” Senator Kirk said. “The Small Business Regulatory Sunset Act will help correct this problem for small businesses across the country so that they can focus on product creation instead of compliance.”

The Small Business Regulatory Sunset Act of 2015 aims to address the lack of accountability federal agencies face under current law. Federal agencies currently must review rules that have a significant economic impact on small businesses, but there is no current enforcement mechanism to ensure that. This legislation works to correct that by:

·         Adding several critical factors that agencies must consider when promulgating a rule, including the complexity of the rule, complaints from small businesses, Small Business Administration comments, and the continued need for the rule.

·         Implementing an enforcement mechanism: if an agency does not properly perform the required reviews as determined by the agency’s Inspector General, the agency would face a 1-percent cut in funds appropriated for the agency’s salaries.

·         Introducing an automatic sunset provision for new covered rules. Seven years after a final rule is published, it will automatically expire, unless an agency takes action to renew the rule through the existing rule-making process.

Le Roy salon owner expanded her one-woman hair salon into a full-service salon to meet the demands of her growing business.

Nanette Chiulli, owner of Nanette's Hair & Now, had always dreamed of owning a hair salon and made her dream a reality when she opened her small salon on Mill Street in Le Roy in March 2013. In less than two years, Chiulli's business became a success and she was looking to move into a larger location so she could offer her clients more services.

Chiulli didn't think she would find a location for her hair salon in Le Roy until Amy Whitmore-McClellan, former owner of Hot Heads Salon, asked if she would be interested in taking over the salon six months ago. After some thought, she decided to take Whitmore-McClellan on her offer and started the process. 

With the help of family and friends, Chiulli moved to 25 W. Main St. in Le Roy and remodeled the salon to fit her style. Her stepfather, Paul Walton, built the styling stations and her brother-in-law, Tom Sherman, built a coloring table. For a finishing touch, her favorite quote from C.S. Lewis hangs on the wall "You are never too old to set another goal or to dream a new dream."

"My goal is to have a professional fun environment," Chiulli said. "I want my clients to feel comfortable. They love the bright lighting and the openness of the salon." 

In addition to offering hair styling and coloring treatments, she now has room to offer nail and waxing services. Chiulli also asked Whitmore-McClellan and her assistant Kelley Brackett to continue working at the salon. The salon has been open at the new location for about three weeks now.

Keeping up with the latest hair styles and coloring techniques is important to her. She takes styling classes regularly at Goldwell, a salon products distributor and education center, in Rochester. She also took a DevaCurl class in New York City to learn different techniques on how to cut and style curly hair.

"I like making clients feel good and giving them a change," Chiulli said. "It never gets old when I get a message from a client saying they love their hair."

Chiulli has been working as a stylist for 25 years. Before owning her hair salon, she worked at variety of salons including Shear Ego Salon and Spa in Rochester and Personal Preference Salon and Spa in Le Roy. In addition to her local clientele, she gets clients from Rochester and Geneseo, where she currently lives. She plans on continuing to grow her business in Le Roy because it's a central location for her clients.

In the future, Chiulli hopes to turn one of the salon's back rooms into a spa and offer massages.

A caller reports that there is something vibrating her apartment building. She cannot find the source.

A police officer is dispatched.

The Salvation Army's Backpack Program is coming to a community near you to distribute free backbacks and school supplies on a first-come first-serve basis. You must provide proof of address, proof of income, a supply list from your school, and picture ID.

Only parents, guardians or an adult can pick up items. If a parent or guardian cannot attend the distribution event, a flier from the Salvation Army must be completely filled out and presented. To get one, call 343-6284 or stop by the Salvation Army headquarters at 529 E. Main St. in the City of Batavia, or e-mail:  patricia.kurtz@USE.salvationarmy.org

Distribution events will be held as follows:

Aug. 17  --  10 a.m. to noon:

• Batavia Central School District and Safety Fair, at The Salvation Army headquarters, 529 E. Main St., Batavia

Aug. 18  --  9 a.m. to noon

• For Le Roy, Pavilion and Stafford school districts, on the front lawn of Wolcott Street School

Aug. 18  --  1 to 3 p.m.

• For Corfu, Pembroke, Alexander and Darien school districts, on the front lawn of St. Maxillian Kolbe Parish, 18 W. Main St., Corfu

Aug. 19  --  9 a.m. to noon

• For Elba, Byron-Bergen, Oakfield-Alabama school districts, in Elba Park

City crews are just finishing up water main repair work on Union Street. The leak location was just yards from a leak that occurred during the winter.

Water service was restored to the area about 2 p.m.

Union Avenue should reopen shortly.

Steven N. Zink, 24, of Tinkham Road, Darien, is charged with aggravated DWI with a BAC of .18 percent or greater, DWI, resisting arrest, failing to yield to an emergency vehicle and operating an unregistered ATV. Zink is accused of operating an unregistered ATV while in an intoxicated condition. When Deputy Joseph Corona attempted to pull him over for a traffic stop on Warner Road in Darien, he allegedly fled. After a foot pursuit, he was taken into custody and put in the Genesee County Jail on $1,500 bail.

Martin E. Slaymaker, 41, of Bethany Center Road, Bethany, is charged with unlawfully dealing with a child, 2nd. Slaymaker allegedly tattooed a child under the age of 18 years old. 

Three subjects from Ontario, Canada are charged with trespassing. Ryan N. Purcell, 19, of Baden, Jesse M. Fitzsimmons, 18, of Waterloo, and Spencer R. Story, 22, of Ajax, are accused of trespassing inside of Darien Lake Theme Park after hours early this morning.

The first race of the 69th season at Batavia Downs turned into a coast-to-coast cruise by the #3 horse, Lima Playtime, with a career-best time of 2:00.4. Lima was driven by Rick Zeron and paid $4.20.

It should be both a fun and exciting racing season at the Downs, said Marketing Director Ryan Hasenauer. There are special promotions throughout the season, but the remodoled gaming floor is also bringing in bigger crowds, which generates more revenue, which translates into bigger purses for harness racing. The bigger payouts will draw even higher quality horses to the track.

"Better horses make for better races and better wagering, and bigger pools means bigger winners," Hasenauer said.

The track is in great shape, Hasenauer said, which also helps draw drivers and trainers throughout the season.

"We already have a great reputation among trainers and owners as one of the best-manicured tracks in the industry," Hasenauer said.

Promotional highlights this season include Craft Beer Fridays, running into August, and Sunday wine tastings, and starting in August, Dollar Days, with dollar drafts and dollar hot dogs.

"People really like getting a good dollar hot dog or a cold draft beer at a decent price," Hasenauer said.

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.