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Clarendon lowers tax rate by 21 cents

By Kristina Gabalski, Correspondent Posted 18 November 2015 at 12:00 am

CLARENDON – Residents in Clarendon will see a drop in town property taxes in 2016. Members of the Clarendon Town Board Tuesday evening adopted the final 2016 budget, which includes a tax rate of $4.79 per $1,000 of assessed valuation. That’s a drop of 21 cents per $1,000 from the 2015 budget.

“That’s phenomenal,” Town Supervisor Richard Moy said of the decrease.

The budget includes $1.4 million total town appropriations for the General Fund and Highway. Special Districts (water) and Clarendon Fire Department appropriations total $772,715.30.

Moy said the tax rate comes in under the tax cap. Board members approved two revisions to the preliminary budget to accomplish that.

They removed $10,000 from contingency in the general fund, decreasing the line from $64,920 to $54,920 and removed $20,000 from highway funds for general repairs contractual expenses.

In other business, board members discussed amending the town’s zoning ordinance regarding building permits. Currently, no building permit is required if the structure is under 144 square ft. The town is considering changing that to include all new structures in Clarendon.

Moy said problems have arisen with structures being placed on property lines or over property lines. The smaller structures are also assessable, he explained, and requiring a permit would make them easier to find for assessment purposes.

Town Board member Paul Nicosia said bigger towns in the area do not require smaller structures, such as sheds purchased at “big box” stores, to have a building permit, but Clarendon Town Attorney Karl Essler explained that is because with larger populations, it would require more effort from those towns.

He said disputes between neighbors over smaller structures can become expensive for property owners and, “burdensome from a time standpoint for the town.”

Town Board members will work on drafting a proposal for the change before scheduling a public hearing.

Ortt doesn’t support Syrian refugees in New York

Posted 18 November 2015 at 12:00 am

Press release, State Sen. Robert Ortt

State Senator Rob Ortt (R,C,I-North Tonawanda) today issued the following statement regarding the placement of Syrian refugees:

“We cannot let our President’s failed Middle East policies lay the groundwork for such a dramatic threat to our security here in the United States. Our hearts go out to the Syrian people who have been subjected to unthinkable horrors throughout their civil war. But our President stood by while Assad used chemical warfare on the Syrian people and while the Islamic State grew – waging a war of beheadings, mass murders, and rapes. Letting the Syrians kill themselves and accepting those fortunate enough to escape isn’t a policy.

“And now that we’ve seen the danger of ISIS taking advantage of lax refugee policies to penetrate Western countries to launch terror attacks against civilians, it’s clear that a new course is needed. The first step is halting the placement of Syrian refugees in our communities, especially if our government cannot ensure a strict, effective, verifiable vetting process.

“At the state level, I hope Governor Cuomo will involve himself in this process that is so important to the security of New Yorkers. And at the national level, I hope our federal officials will follow Congressman Collins’ leadership on this issue and protect American citizens.”

County hires new director of Veterans Service Agency

By Tom Rivers, Editor Posted 18 November 2015 at 12:00 am

Photo by Tom Rivers – Earl Schmidt addresses the Orleans County Legislature on Wednesday after he was appointed to serve as new director of the Veterans Service Agency, replacing Paul Fulcomer, who is retiring.

ALBION – The new director of the Veterans Service Agency in Orleans County served 23 years in the military, including combat in both the Persian Gulf and Afghanistan.

Earl Schmidt of Ridgeway has worked the past 3 ½ years as an accredited veterans’ service officer with the Niagara County Veterans Service Agency. He will start on Dec. 7 as the director in Orleans County.

The County Legislature appointed him to the job today. He will succeed Paul Fulcomer, who has served in the position for 13 years.

“I wish to continue what has already been started with the Veterans Service Agency and I wish to strengthen it,” Schmidt told county legislators today.

Schmidt served in the U.S. Army and U.S. Army National Guard for 23 years, retiring as sergeant first class; reconnaissance platoon sergeant. He earned 17 medals including a Bronze Star.

He is active with the American Legion as a service officer, the VFW and sits on the VFWNYS Department service officer’s committee as well as a member of the Iraqi Afghan Veterans of America.

Schmidt, during his comments to the County Legislature, recited a quote from Abraham Lincoln on March 4, 1865: “Let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”

Schmidt said Lincoln’s words “are the backbone of all that I do.”

He will make helping veterans access their benefits the focus of the Veterans Serice Agency. He said the rules and regulations change frequently, and he is happy to help veterans work through the bureaucracy.

“There are benefits they may not even realize,” he said. “The laws change on a fairly consistent basis. My goal is the maximum benefit in the shortest amount of time.”

Schmidt and his wife Catherine have four children. He was welcomed today by legislators, including Legislature Chairman David Callard, who said the new director is a great addition.

“He’s very passionate about veterans’ issues and I’m sure his energy and dedication will make an immediate impact for our Orleans County veterans’ community,” Callard said.

Work starts soon on Helena’s new site in Ridgeway

Posted 18 November 2015 at 12:00 am

Press Release, Orleans EDA

RIDGEWAY – When the Orleans Economic Development Agency began working with the Ridgeway Town Board to attract more business to the rural Western New York community in 2009, the group began looking for parcels to rezone that would also give potential new customers rail access.

One of the first was on Allis Road, off Route 31. The Town Board’s foresight then prompted executives of Helena Chemical Company to pursue a much-need expansion project for their growing WNY distribution center.

“Prior to 2009, we didn’t really have any industrial sites in town,” points out Ridgeway Town Supervisor Brian Napoli. “After meeting with our EDA, we found a few suitable pieces of land, including the one on Allis Road, and decided to be proactive to ensure available land in Ridgeway would be ready for future prospects.”

The relocation of Helena Chemical Company, from Albion to Ridgeway, is one the community hopes will pay off. An estimated $4 million project, Helena plans to build a 75,000 square-foot, six-building complex as a distribution point for chemicals, seeds and other agricultural products. The Ridgeway site gives the company rail access and the ability to develop a more expansive infrastructure.

“The move to Ridgeway will allow us to offer more products and services,” said Mitch Wilber, Helena branch manager. “The quality of the agriculture is what brought us here; there are good farmers growing good crops.”

Headquartered just outside of Memphis, Tennessee, with 450 branch locations across the United States, Wilber notes the “strong inter-municipal support” the company received from the Orleans County EDA and Ridgeway officials as the stimulus to expand Helena Chemical’s footprint in New York State.

The contracts are signed and Allied Builders is scheduled to begin work at the site this week.

“Good development opportunities do not just happen here,” said Jim Whipple, EDA chief executive officer. “Development opportunities come about as the result of years of strategic planning and anticipating how we can make the most of our available land and resources. The need may not be apparent right away, but we are ready and waiting when it is.”

Positioning the Allis Road site, and other land throughout the county, is what the Orleans EDA does every day, “There was no specific project when we began working with Ridgeway to rezone the Allis Road property,” notes OEDA VP Gabrielle Barone. “What we believed then, and continue to reinforce to our communities, is that we need sites ready and waiting when the right project does come along.”

Citing the value the OEDA and local municipalities place on retention projects, Barone explains, “The Town of Ridgeway demonstrated they wanted more development and became full partners in keeping Helena Chemical in Orleans County and bringing the project to fruition.”

Albion student was unseen star of Little Shop

Posted 18 November 2015 at 12:00 am

By Abigale Wells, Albion High School student correspondent

Photos by Abigale Wells – Audrey II gets ready to eat Nick Arieno, who plays Mr. Mushnik. Connor Zicari is inside the plant, making it move. Elijah Van Epps, who plays Seymour (left), also starred in “Little Shop of Horrors.”

ALBION – The Albion High School Drama Department performed its fall play, Little Shop of Horrors, on Nov. 6-7 to a large crowd in the Middle School Auditorium, and many in the audience were in awe of how the plant – Audrey II – came to life.

They wondered who played the plant and how the student made it seem so lifelike.

The student responsible for bringing Audrey II to life on stage was Connor Zicari. He had to play Audrey II at various stages of her development. Zach Shaffer was the voice of Audrey II. Somehow Connor and Zach made it all seem effortless.

“It takes lots and lots of practice,” Connor said. “The six weeks that we practiced, each second was spent trying to sync my movements with Zach’s voice.”

Connor Zicari uses a hand puppet to play Audrey II when it’s in a small stage.

All that hard work showed during the performance. The plant truly brought life to the stage.

There were many layers of material used in order to hide the actors that were devoured by Audrey II. The numerous layers caused excess heat inside the plant.

“One of the biggest challenges of this role is dealing with the heat and sitting still inside the plant for so long,” Connor said.

The plant would grow throughout the show in five stages of development.

Audrey II, in many ways, was the star of the show. Yet Connor was never seen by the audience, and that was fine by him.

“That doesn’t matter to me,” he said about public acknowledgement. “It’s fun being in the plant so I will take that over being seen.”

Canal closes out 191st season

By Tom Rivers, Editor Posted 18 November 2015 at 12:00 am

Photos by Tom Rivers

ALBION – The tugboat “Lockport” is tied up in Albion between the Main Street and Ingersoll Street lift bridges on Tuesday.

The navigational season for the Erie Canal ended today, concluding the 191st season of the waterway that turned New York State into an economic powerhouse in the 1800s.

These days, the canal is more of a recreational waterway, and the towpath is popular for joggers, cyclists and walkers.

Many of the tenders, tugboats, and other vessels in the canal fleet will “winter” in Albion before the canal season starts again next May.

This year the canal opened on May 8. The draining of the Erie Canal between Lockport and the Genesee River in Rochester will begin on Tuesday, Dec. 1, Canal Corporation officials said today.

State will crack down on repeat toll violators

Posted 17 November 2015 at 12:00 am

Press Release, Gov. Andrew Cuomo’s Office

Governor Andrew M. Cuomo today announced a new proposed regulation that takes action against motorists who persistently evade the payment of tolls and fees.

Under the new proposal, the New York State Department of Motor Vehicles will suspend the registration of motorists who fail to pay five tolls, fees, and other charges resulting from violations on different days, within a period of 18 months, and ignore toll authorities’ repeated notices.

Persistent violators will be required to pay the tolls and fees, or to have the charges dismissed, in order to prevent the suspension of their registrations or in order for their registrations to be reinstated.

“Toll evaders unfairly burden hard working New Yorkers who play by the rules and put additional stress on this state’s transportation network,” Cuomo said. “This new action cracks down on this unacceptable behavior and will keep these scofflaws off the very roads they fail to pay their fair share to maintain.”

New York’s tolling authorities – including the New York State Thruway Authority, the Port Authority of New York and New Jersey, the New York State Bridge Authority and the Triborough Bridge and Tunnel Authority – report that non-payment of tolls, even with violation notices being sent, is a persistent challenge.

The authorities found nearly 35,000 cases where violators accrued five or more unpaid toll violations within an 18-month period, resulting in about $16.5 million in lost revenue annually, passing the burden of maintaining infrastructure and supporting mass transit to motorists who obey the law and pay the tolls.

Prior to the suspension taking effect, the registrant may request a hearing before a DMV administrative law judge. If the registrant requests a hearing, the suspension will not take effect, pending the conclusion of the hearing; if no hearing is requested, the suspension will take effect as declared in the notice, and the registration suspension will remain in effect until the tolling authority notifies DMV that the motorist has paid the outstanding tolls, fees, and other charges.

Tolling authorities will send violators notices for each toll violation, advising them of the amount owed, how to pay, and how to dispute the alleged violation. If the violator fails to pay the tolls, fees or other charges, or have such tolls, fees or charges dismissed or transferred in response to the multiple notices, the tolling authority will refer the violator to DMV.

The new toll regulations will appear in the November 18, 2015 State Register, at which time, a 45-day public comment period begins. The period ends January 4, 2016. All comments received will be taken into consideration before the regulations are formally adopted and implemented soon thereafter.

Hawley wants NY borders closed to Syrian refugees

Staff Reports Posted 17 November 2015 at 12:00 am

Cuomo says federal government needs to ensure proper screening and that migrants aren’t a threat

State Assemblyman Steve Hawley, R-Batavia, wants New York to close its border to Syrian refugees until potential threats can be screened and the remaining attackers in the French bombing apprehended.

“This is a matter of New York State security,” Hawley said in a statement this afternoon. “I am concerned that Syrian refugees sympathetic to the terrorist attacks could already be living among us, and we have a duty to protect our citizens from future threats. New York’s highly populated cities are easy targets for terrorists who are now more frequently attacking innocent civilians. The groundswell of support for this measure is growing by the hour, and 25 governors, including several moderate presidential candidates, already have pledged to close their borders until security is increased.”

Hawley expressed the urgency of this matter as authorities are investigating a Syrian Passport found near one of the French bombing sites after the weekend’s terrorist attacks.

“I am officially calling on Gov. Cuomo to close our borders to Syrian refugees until we can properly ascertain threats inside our state and the remaining attackers have been apprehended,” Hawley said.

Governor Cuomo discussed the Syrian refugee crisis during a question and answer session with students at Harvard University’s John F. Kennedy School of Government.

Cuomo’s office released the governor’s response to a question about NY accepting migrants.

“I think it’s a balance,” Cuomo said. “I think many forces are now trying to politicize this. This is an election season, so the silly season has started and the Governors can say ‘I will refuse to let the refugees in.’ How? How? Where does it say in the state constitution you can refuse a person placed by the federal government? What are you going to have your militia fight the federal government at the borders of your state? It’s a pure political statement. It’s up to the federal government. If the federal government lets refugees in and places them in your state, the Governor has no authority to turn them down.

“Having said that, the question is a bona fide question. We have to protect Americans and not lose our soul as America in the process. Right? The day America says, ‘Close the gates, build the wall,’ then I say take down the Statue of Liberty because you’ve gone to a different place. And read Emma Lazarus and the poem on the Statue of Liberty: ‘Give me your tired, your poor, your huddled masses yearning to be free.’ Once you say we’re out of business, that’s no longer true. So, I won’t let them win by conceding defeat of the American Dream.

“At the same time, this federal government needs to make sure it’s doing the screening and the people that are coming in are safe and the federal government has to say ‘we are capable of doing that.’ And if the federal government is not capable of doing that, David, then they should say that too. If you really can’t screen, then the answer is ‘We can’t screen’ but their position is ‘We can screen. We can screen effectively’ and if that’s the case, do the screening, make sure it’s right, do it exhaustively, but don’t give up your soul as America.”

Fall splendor at Mount Albion

By Tom Rivers, Editor Posted 17 November 2015 at 12:00 am

Photos by Tom Rivers

ALBION – An annual rite of passage for Orleans County residents should include a visit to Mount Albion Cemetery, especially the Civil War Memorial tower, every fall.

I went to see the tower on Nov. 7. It was a crisp autumn day. I hadn’t been up the 68-foot-high tower in a  couple years.

I was happy to see the spiral staircase is freshly painted. Last time I climbed all of the steps, there was lots of graffiti. This was taken from the top of the tower, which was built in 1876, on the 100th anniversary of the founding of the country.

I’m a little uncomfortable up high, but here is a view looking down from the tower. There are nice sandstone steps leading to the tower.

The tower provides views of scenic Albion, including the Orleans County Courthouse.

These iron gates lead into the tower, which is a memorial to about 500 Orleans County residents who died in the Civil War. Their names are etched in marble slabs inside the tower.

The cemetery on Route 31 is included on the National Register of Historic Places. There are many historic features of Mount Albion, including this hitching post that was used to tie up horses.

The cemetery, with its winding paths, is a popular spot for joggers and walkers.

Kent resident sentenced to prison for probation violations

By Tom Rivers, Editor Posted 17 November 2015 at 12:00 am

ALBION – A Kent resident who admitted to several probation violations was sentenced to 1 to 3 years in state prison on Monday.

Luke G. Sorta, 23, could have been sentenced to a maximum of 1 1/3 to 4 years in state prison. Orleans County Court Judge James Punch gave him less than the maximum.

Sorta during a Sept. 14 court appearance admitted to violating his probation by abandoning his job at Brunner, failing to get his General Equivalency Diploma, admitted to smoking marijuana several times, as well as consuming alcohol and circumventing the drug testing policy. He also left the area without telling probation.

Sorta was recently arrested in Idaho on a warrant for violating probation. He was returned to Orleans County and has been in the county jail.


In other cases in County Court:

A Medina man pleaded guilty to felony driving while intoxicated and aggravated unlicensed operation of a motor vehicle.

Bradley Dunaway, 52, of Oak Orchard River Road could face up to 4 years in state prison when he is sentenced on Feb. 8. This is his fifth alcohol-related offense.

Dunaway admitted in court on Monday he had been drinking prior to an accident on June 20 at Ridge Road and Culvert Road in Ridgeway. He registered a 0.18 blood alcohol content, more than double the legal limit. He has been free on $50,000 bail.

An Albion man pleaded guilty to criminal possession of a controlled substance in the fifth degree, which has a maximum of 2 ½ years in state prison.

Brandon A. Honore, 30, of East Park Street admitted to selling cocaine. He was arrested in July when 20 people were charged a seven-month investigation into the sale and distribution of drugs in Orleans County.

Honore has been in jail on $100,000 bail. He has two prior felonies and has already been to state prison.

His attorney, Kevin McKain, asked that jail be reduced, given that Honore was working full-time and committed no crimes for six years. Judge Punch agreed to lower bail to $25,000.

Honore will be sentenced on Feb. 8.

A 19-year-old Bergen woman pleaded guilty to seventh-degree criminal possession of a controlled substance. That charge normally carries a maximum of a year in jail, but Kuyanna Kuyal won’t spend time in jail as part of a plea deal on Monday.

Kuyal has no prior criminal record. She could be sentenced to probation on Feb. 8.

She admitted in court that she was in a car on May 7 when cocaine was sold. Kuyal allegedly assisted in cocaine sales, but did not possess the drug, District Attorney Joe Cardone said.

She faces a six-month suspension of her license. If she can’t obey the law while on probation, Judge Punch said she would be put in jail for a year.