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Judge rules Watt turbine can stay

By Tom Rivers, Editor Posted 15 December 2015 at 12:00 am

File photo by Tom Rivers – An acting Supreme Court justice has issued a ruling that the 154-foot-high wind turbine at Watt Farms on Route 98 doesn’t have to be moved from a farm market and storage building. The issue has been in litigation with Gaines town officials demanding the turbine be relocated.

GAINES – A 154-foot-high wind turbine that has been the focus of lawsuits doesn’t have to be relocated, a State Supreme Court judge ruled on Friday.

The Town of Gaines Zoning Board of Appeals on Dec. 4, 2013, said the turbine would have to be moved away from a farm market and U-pick orchard at Watt Farms.

James Punch, acting Supreme Court justice in Orleans County, upheld the Gaines ZBA last December. However, the decision and the Gaines position was challenged by the state Department of Agriculture and Markets.

Ag and Markets said forcing the Watts to move the turbine, at a cost of $20,000, would unreasonable and unnecessary, according to a letter on Jan. 14, 2015 from Richard A. Ball, commissioner of Ag and Markets.

He sent the letter to town officials, telling them they needed to comply with the Agriculture and Markets Law.

Punch, in a decision on Friday, said his decision a year ago was made without the Determination and Order from Ag and Markets. The state agency had sent advisory letters on the issue before Punch’s decision in December 2014, but the Determination and Order followed.

Ag and Markets said Gaines, with its insistence the turbine be moved, “unreasonably restricts the farm operation.” Punch sides with Watts in his latest decision and tells Gaines it must comply with the order from Ag and Markets, dated Jan. 13, 2015.

Ag and Markets in that order said the town didn’t use the proper setback distance. Gaines determined the setback distance by multiplying the 154-foot turbine by 1.1 for a 169.4-foot setback minimum.

Gaines officials said the turbine needed to be moved at least 169.4 feet away from the farm market, train ride course and designated U-pick areas.

Ag and Markets suggested the setback from “human-occupied buildings” be five times the rotor distance or five times 23.6 feet, which would be 118 feet for the Watt turbine. Ag and Markets based that suggestion from the recommendation by New York State Energy Research and Development Authority or NYSERDA.

NYSERDA uses that setback for buildings that are occupied a majority of the time and not occasionally, such as in Watt’s situation. The train route at Watt’s and the U-pick area are temporarily visited by the public and insisting on a setback there “unreasonably restricts the farm operation,” Ball said in his letter.

Avila praised by Medina officials during his final board meeting

By Tom Rivers, Editor Posted 15 December 2015 at 12:00 am

File photo by Tom Rivers – Jose Avila has led the Medina Police Department for 18 ½ years. He is retiring in 11 days.

MEDINA – Jose Avila attended his final Village Board as police chief on Monday. He has been going to the board meetings, at least two a month, for the past 18 ½ years.

He will be retiring in 11 days, ending a 32-year career in law enforcement. He has served as Medina’s police chief the past 18 years with another six months before that as assistant chief.

Avila told the board on Monday that he is grateful for the opportunity to lead the Medina Police Department. Chad Kenward, a Medina police officer, has been appointed to succeed Avila as chief.

“You should feel very proud of your service to the village,” Mayor Andrew Meier told Avila during Monday’s meeting. “A lot of people hold you in high regard.”

Village Board members all expressed appreciation for Avila’s service and conduct on the job.

“It’s not easy being the police chief in a small town,” said Trustee Owen Toale. “You’re a target.”

Toale said Avila put in extra time and effort as police chief. He also managed the department well with some budget constraints, Trustee Mike Sidari said.

Trustee Todd Bensley said Avila has been a good communicator with board members.

“I appreciate your open communication,” Bensley said. “I wish you a well-deserved retirement.”

Avila also has been functioning as Medina’s animal control officer, looking after dogs picked up and kept in the dog pound at the Police Department.

Village officials are trying to work out a deal with the Orleans County Sheriff’s Department to pick up loose dogs in Medina. Sidari doesn’t think there should be a charge because village residents pay for the service through their town taxes, but Avila said the county will want additional money.

He suggested the village consider hiring a part-time person for the job.

The Medina Police Department will continue to handle the job in early 2016 until a longer-term solution can be worked out.

17-year-old gets state prison for raping younger sister

By Tom Rivers, Editor Posted 14 December 2015 at 12:00 am

ALBION – A Holley boy who will turn 18 next week was sentenced to 1 1/3 to 4 years in state prison today for first-degree rape.

The boy was granted youthful offender statue so Orleans Hub won’t publish his name. He allegedly had sex with his sister when she was 10.

The crimes, however, go back several years, District Attorney Joe Cardone said in court today.

Dominic Saraceno, the boy’s attorney, said the crimes started when the defendant was 12 and continued until he was 17.

“He feels tremendous amount of guilt for what he did,” Saraceno said during sentencing today.

He asked the judge for leniency, considering the crimes started when the boy was 12.

“This is an appalling crime,” said Orleans County Court Judge James Punch. “The fact that it went on for a period of years is not a mitigating factor but an aggravating factor. Clearly state prison is warranted.”

The judge issued an order of protection for the victim. Because the boy is a youthful offender, he won’t be included on the sex offender registry.

No sign of snowmen when 72 degrees in mid-December

By Tom Rivers, Editor Posted 14 December 2015 at 12:00 am

Photo courtesy of Jennifer Orr

POINT BREEZE – Jennifer Orr of Albion didn’t expect to take her kids to the beach today, but that is what she did with temperatures at 72 degrees and lots of sunshine.

She was at Point Breeze with her kids when they decided to make their own version of a snowman in the sand.

There is still no sign of snow in the forecast. There is, however, a chance for strong winds. The National Weather Service has issued a wind advisory for Orleans County and much of Western New York from 4 p.m. today until 1 p.m. on Tuesday.

NY ag revenue sees big increase

Posted 14 December 2015 at 12:00 am

File photo by Tom Rivers – Walter Zelazny & Sons farm in Medina was out harvesting corn on Nov. 14, 2014 in this field at the corner of Route 63 and Fletcher Chapel Road.

Press Release
Gov. Andrew Cuomo’s Office

ALBANY – Gov. Andrew M. Cuomo today announced the growth of agricultural sales in New York outpaced the national average, with cash receipts up 36 percent across the state, more than the 32 percent gain nationally.

In 2014, farmers in New York State also set a new record for sales with $6.36 billion in cash receipts, up from $4.7 billion in 2010, representing a nearly $1.7 billion increase in gross income from sales of crops, livestock, and other products.

“New York State is home to thriving agricultural businesses known for their high-quality products and award-winning tastes,” Governor Cuomo said. “This administration’s continued commitment to cutting through the red tape, lowering costs and investing in this vital industry is paying dividends today. I congratulate all of New York’s farmers on another banner year.”

Since taking office, Cuomo has made the state’s agricultural economy a top priority, supporting agricultural research, promoting locally grown and produced foods, helping to market the booming craft beverage industry, and connecting our farmers and agri-businesses to new markets through farmers’ markets, Taste NY stores and increased procurement opportunities.

As a result, New York has seen a surge in average gross income and a significant increase in sales of many of the state’s top commodities.

Since 2010, the following commodities have shown the greatest increases:

Poultry and eggs up 63 percent to $206 million;
Peaches up 80 percent to $12.6 million;
Honey production up 59 percent to just under $9 million;
Cattle production up 132 percent to $415 million; and
Hay up 173 percent to $147 million.

The New York dairy industry also saw record high dairy prices in 2014, constituting approximately half of the state’s agricultural receipts.

The Governor’s Taste NY initiative continues to expand since its launch in 2013, helping to link our local producers and growers to consumers around the world through events, culinary tours and several Taste NY stores. This year, the state opened four Taste NY stores, including the first store outside New York State in Puerto Rico.

There are now 11 Taste NY stores along our highways and in our transportation hubs, enabling travelers to buy New York State’s homegrown and homemade products. The Taste NY Market at Todd Hill recently exceeded $1 million in sales.

The state also held three Taste NY Culinary Tours in 2015 that brought together more than 100 restaurateurs, many from downstate, to the Finger Lakes, Hudson Valley and Long Island regions to experience the quality and diversity of agricultural products specific to the region and encourage local sourcing.

Cuomo has pushed to help agricultural producers and growers tap into the New York City marketplace, and connect with schools. The recently announced Farm to School program will assist Pre-K-12 schools procure and serve healthy, locally grown foods on school menus, bolstering the demand for agricultural products.

In addition, partnerships across the state and in particular, downstate, are helping the industry bring its goods and products to the state’s growing number of farmers’ markets.

New York is also leading the growth of the rapidly expanding farm-based beverage industry. The overhaul of legislative and regulatory policies, coupled with substantial improvements to the state’s business climate, have stimulated record growth in craft producers, while increasing demand of agricultural producers.

Since 2011, the industry overall has grown 154 percent. New York now has more than more than 800 beer, wine, spirits, and cider businesses, contributing over $27 billion to New York’s economy annually.

“With the Governor’s commitment to growing the agricultural economy and New York State farmers’ increased innovation and resiliency, New York State has a winning combination,” said New York State Agriculture Commissioner Richard A. Ball. “There’s no doubt the agricultural economy is stronger now than ever. With record sales and a significant growth trend in sales of many key commodities, New York continues to be a leader in agriculture.”

According to a study conducted by Cornell Professor Todd Schmit, New York’s agricultural sector has a strong multiplier effect on the state’s economy. For every dollar spent in agricultural output, an additional $.43 is generated for non-agricultural industries. In addition, every new job created within agriculture leads to the creation of .80 non-agricultural jobs.

“The growth of agricultural sales demonstrates that farming in this state is an extremely important industry to New York’s rural economy,” said Dean Norton, New York Farm Bureau president. “It could not have been possible without the hard work and commitment demonstrated on farms in every region to produce quality products that consumers want. The growth also demonstrates what is possible when the State improves the business climate for family farms and invests in industry promotion.”

Medina borrows $1.25 million to fix big water tank

By Tom Rivers, Editor Posted 14 December 2015 at 12:00 am

File photo by Tom Rivers – The 3-million gallon water tank on Route 31A was drained on Sept. 28, 2015 so inspectors could check the tank for structural deficiencies.

MEDINA – The Village Board approved borrowing $1.25 million to take care of serious deficiencies in a 3-million-gallon water tank on Maple Ridge Road.

The Orleans County Health Department is pushing the upgrades. The village drained the tank and made emergency, temporary repairs in late September.

The tank is currently about a third full, at a water height up to 11 feet. It is currently passing Health Department standards at the low water level in the tank, said Brian Sibiga, an engineer with Wendel.

The firm will be paid $80,079 to oversee the renovations to the concrete tank. Wendel will do design work and prepare bid specifications for a project that is expected to go out to contractors in March with the work done before the peak summer water demand.

The proposed upgrades/improvements include concrete patching, crack coating, and upgrades to the tank exterior with crack sealing and coating. There will also be upgrades to the tank’s interior and improvements to the existing pump station.

“There is quite a bit of work needed on the tank,” Sibiga told the Village Board this evening.

The upgrades should give the tank another 20 years of useful life, Sibiga said.

The village also is looking to replace about 2,000 water meters for village customers. That project will improve village efficiencies and water operations. The Village Board declared the project would not have a negative environmental impact.

That project is separate from the $1.25 million being borrowed for the water tank project.

Kendall school district partners with several agencies in Orleans

Posted 14 December 2015 at 12:00 am

School pushes to educate students about dangers of drugs, bullying, texting and driving

Press Release, Kendall Central School
KENDALL – Kendall Central School has begun a partnership with all five Orleans County school superintendents, the Orleans County Sheriff’s Office, Orleans County District Attorney’s Office and Genesee/Orleans Council on Alcoholism and Substance Abuse to educate students and their families about drugs, the dangers of texting and driving, and bullying and cyber bullying.

The goal is to create awareness among students and adults so that everyone is aware of the signs of risky behaviors and the avenues to pursue to obtain help.

KCS plans on partnering with the police department to offer educational sessions to students, parents and district employees on the types of synthetic drugs that are circulating in Orleans County and the various forms they are being distributed in.

The district hopes to convey clearly that it if someone tries a drug once, it can lead to addiction, brain injury and/or death because of the potent level of chemicals that are present in a single dose of a synthetic substance. School officials want to make everyone aware of the signs of drug use and/or addiction, so that if a student realizes a friend is abusing drugs, they can ask an adult to intervene.

Age-appropriate education will be given to elementary through high school students during school hours and evening information sessions will be offered to parents.

“We need to educate everyone to stop the use of drugs in our area,” said Julie Christensen, district superintendent. “We hope to begin offering education sessions this year and make it a series of sessions next school year.”

The district also plans on educating high school students about the dangers of drunk driving, driving while high on drugs, texting while driving and risks when using social media.

The district addresses student conflict by educating students about the different forms of bullying/conflict, such as cyber bullying via social media, text and email.

Students are learning proactive strategies through the Positive Behavioral Interventions and Supports program and information conveyed from the district’s instructional technology specialist. The Elementary Student Council has constructed a buddy bench that will be placed on the playground so that students can sit on it when they are lonely and looking for someone to play with.

2 arraigned in County Court and remain in jail on $100K bail

By Tom Rivers, Editor Posted 14 December 2015 at 12:00 am

ALBION – Two people facing multiple felony counts appeared in Orleans County Court today and Judge James Punch set bail at $100,000 for both of them.

Terry Holloway Jr., 32, of 404 East Oak Orchard St., Medina was arrested on Aug. 1 on drug and weapons charges.

He was arraigned today in County Court on two counts each of third-degree criminal sale and criminal possession of a controlled substance, as well as third-degree criminal possession of a weapon in the third degree.

Holloway is accused of being involved in the sale and distribution of heroin, crack cocaine and the sale of an AR-15 semi-auto assault rifle with over 200 rounds of ammunition, the Orleans County Major Felony Task Force reported.

Holloway has a prior felony for criminal possession of a controlled substance, as well as prior misdemeanor crimes, District Attorney Joe Cardone said.

Holloway was among 20 people arrested in drug sweep during the summer by the Task Force and other law enforcement officers.

Joshua L. Miller also was among those arrested in that sweep. Miller, 35, of 4706 East Shelby Rd., Medina is accused of manufacturing and distributing methamphetamine in Orleans County.

He was arraigned this afternoon on criminal possession of a controlled substance in the second degree, unlawful manufacturing of methamphetamine in the third degree, and criminal possession of precursors of methamphetamine.

Miller has a prior felony and five prior misdemeanors, Cardone said.

Both Miller and Holloway are currently in jail.

State grant shows appreciation for historic Hillside chapel

By Tom Rivers, Editor Posted 14 December 2015 at 12:00 am

File photos by Tom Rivers – The chapel at Hillside Cemetery was open for tours on Sept.21, 2014, when the Clarendon Historical Society unveiled a new historical marker for the cemetery.

HOLLEY – The announcement last Thursday that New York State would provide a $126,210 grant for work on the chapel at Hillside Cemetery should show the community that the state values historic sites in Orleans County, including the old cemetery chapels.

“I hope this opens people’s eyes that other buildings are worth saving,” said Erin Anheier, a member of the Clarendon Historical Society. “I hope it inspires people.”

Anheier wrote the grant for the state application. It was a painstaking effort. Most municipalities and organizations will hire a professional grantwriter to put together the application for state funds.

“It’s exciting because it’s such a competitive grant,” she said. “It validates what we’ve said all along that this is a valuable, important building worth preserving.”

Anheier and the Clarendon Historical Society have worked hard the past five years to raise public awareness and support for restoring the site.

The state approved a matching grant for the chapel, and the Historical Society already has about $65,000 towards the local match with $20,000 from the Rochester Community Foundation, $14,500 from the Curtis Foundation, $10,000 from an anonymous donor, and $20,000 in other local contributions.

In-kind work from the Town of Clarendon can also count towards the local share.

“We are very confident we can raise the local match,” Anheier said.

The Historical Society has identified about $250,000 in restoration work for the chapel, a Gothic Revival chapel built of Medina sandstone in 1894. (It might be the only site in Orleans County with a flying buttress.)

Amy Harris plays her flute during a reception on Sept. 21, 2014 inside the chapel at Hillside Cemetery.

The chapel is the focal point of a cemetery owned by the Town of Clarendon. The town and Historical Society want to restore the non-denominational chapel and repurpose it for new public uses. Anticipated use includes concerts, historical and art exhibits, and lectures.

Anheier said the slate roof will be replaced with slate, and some of the stained-glass windows will be repaired. The project includes painting the inside, adding lighting, refinishing the floor and adding a handrail to the outside steps.

Anheier also thinks the chapel would make sense as the eastern end of a Medina Sandstone Trail in Orleans County if municipalities can get on board with that project.

Hillside Cemetery opened in 1866 and was designed in the 19th century “Rural Cemetery Movement.” That is on the eastern side of the cemetery where the gravesides are dug into the side of the hill.

The 20th century “Lawn Style” approach is seen in the western portion. The cemetery has many beautiful gravestones that are works of art, Anheier said.

She also was instrumental in the cemetery being recognized on the National Register of Historic Places.

Anheier said the Historical Society welcomes more donations and support for the chapel and cemetery. Donations can be sent to Clarendon Historical Society, “Chapel Fund” at P.O. Box 124, Clarendon NY 14429.

This picture was taken looking up from the mortuary chambers to the stairs leading to the main chapel room.

Holley church celebrates Christmas season with music

By Kristina Gabalski, Correspondent Posted 14 December 2015 at 12:00 am

Photos by Kristina Gabalski

HOLLEY – The holiness of the Christmas season was celebrated Sunday afternoon at the First Presbyterian Church of Holley with the performance of “St. Luke’s Christmas Story,” a musical mélange performed by the Holley Presbyterian Church Choir and special musical friends.

The first-time event included a Christmas Carole sing-a-long and refreshments.


Rhoda Broekhuizen served as narrator for the performance which included the Christmas story as related in the Gospel of St. Luke with some excerpts from Matthew.

The Rev. Darla Bair directed the performance. Sally Martin accompanied the choir on piano and Amy Harris played flute.


The Rev. Darla Bair directs the Holley Presbyterian Church Choir during the performance of “Luke’s Christmas Story” at the First Presbyterian Church of Holley.

Sunday’s performance included musical selections telling the Christmas Story including the Annunciation by the Angel Gabriel to Mary, Mary’s visit to her cousin Elizabeth, the birth of the Christ Child, the visit of the shepherds and the visit of the Wise Men.