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Disabled semi-truck blocking traffic and leaking fluid on Wortendyke Road

By Billie Owens

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A tractor-trailer's load of cargo became detached from the cab and is blocking the roadway and leaking hydraulic fluid at the Cargill plant, located at 8849 Wortendyke Road, Batavia. East Pembroke Fire Department is responding.

UPDATE 2:05 p.m.: A heavy wrecker is being called in to remove the vehicle.

UPDATE: There were no citations issued. The trailer came loose as a result of a mechanical failure, according to what we were told at the scene. A State Police commercial truck enforcement officer inspected and found no violations.

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Law and Order: Darien man allegedly steals almost $18,000 from his mother

By Traci Turner

Robert B. Hansen III, 52, of Colby Road, Darien, is charged with grand larceny, 3rd. Hansen is accused of making debit card purchases and cash withdrawals totaling $17,753 drawn on his mother's checking account.The purchases and cash withdrawals were made in 2013 between February and November. The alleged purchases were not made for the benefit of his mother who is living in a Medina nursing home.

Matthew M. Maniace, 32, of Fargo Road, East Bethany, is charged with: aggravated DWI with a child in the vehicle; DWAI drugs; criminal contempt, 1st; criminal possession of a controlled substance, 7th; harassment, 2nd; endangering the welfare of a child; and unlawful imprisonment. The charges result from an investigation into an alleged domestic incident by Batavia Police. Maniace is accused of driving a motor vehicle in the City of Batavia while under the influence of drugs with a 5-year-old child in the vehicle. He was put in Genesee County Jail on $20,000 bail.

Richard G. Hafford, 37, of Maple Street, Batavia, is charged with harassment, 2nd, following a reported physical altercation that happened on Maple Street. Hafford was put in Genesee County Jail on $1,000 bail.

Bobby L. Mobley, 30, of Hutchins Street, Batavia, is charged with criminal possession of a weapon, 3rd, and menacing, 2nd, following an alleged disturbance that occurred on Hutchins Street on July 10. 

Kristine M. Smart, 39, of Dellinger Avenue, Batavia, is charged with petit larceny. Smart allegedly stole $135 worth of merchandise from Kohl's Department Store in Batavia.

Collins backs bill to review federal regulations effecting small businesses

By Howard B. Owens

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 expands business at a new location

By Traci Turner

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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.

Strange vibrations on Liberty Street

By Howard B. Owens

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

A police officer is dispatched.

Mark your calendar: Salvation Army Backpack Program announces giveaway schedule for school supplies

By Billie Owens

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

Water service restored to Union Street area

By Howard B. Owens

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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.

Law and Order: Darien man accused of DWI and resisting arrest

By Traci Turner

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.

Photos: Batavia Downs opens 69th season

By Howard B. Owens

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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.

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Family's tortoise is missing

By Howard B. Owens

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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.

Water main break reported on Union Street by Notre Dame HS

By Howard B. Owens

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 man sentenced to prison for burglary

By Traci Turner

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.

East Pembroke will resume work on fire hall project

By Traci Turner

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.

Army report finds Batavia paratrooper victim of inexperienced jumpmaster's mistakes

By Howard B. Owens

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.

'79 BHS graduates launch a 'Twitter for your car'

By laurie napoleone

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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.

Hawley critical of minimum wage hike for fast food workers

By Howard B. Owens

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.”

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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