By Tom Rivers, Editor Posted 16 June 2015 at 12:00 am
ALBION – A Medina man was arraigned in Orleans County Court on Monday on multiple charges after he allegedly broke into a house on East Park Street in Albion and stole a safe with $10,000.
Joey Johnson, 28, of South Avenue is in jail on $100,000 bail. He was arraigned on second-degree burglary, third-degree robbery and third-degree grand larceny.
District Attorney Joe Cardone said Johnson entered the home of an elderly couple and took the safe on March 21.
In another arraignment in court, Jesus Vega, an inmate at the Orleans Correctional Facility in Albion, appeared in court on a charge of promoting prison contraband in the first degree.
Vega allegedly had a sharpened metal rod in the prison. He has four prior felonies. Should Vega be released from prison, Judge James Punch set bail at $100,000.
By Tom Rivers, Editor Posted 16 June 2015 at 12:00 am
ALBION – A Rochester man who allegedly fired a rifle at two fleeing people in Medina last summer was sentenced to 2 to 4 years in state prison on Monday.
Nathaniel Harvey, 22, of Rochester originally was charged with attempted murder in the second degree and reckless endangerment in the first degree.
He was arrested after two men who fled on foot on July 18 in Medina. The men were not injured. A verbal altercation started on Church Street and moved near the corner of South Main and Oak Orchard streets. Harvey allegedly fired a gunshot that missed the two men and also an elderly woman who was working in her garden along South Main Street.
He pleaded guilty to reckless endangerment in the first degree as part of a plea deal. He is a second felony offender, and was convicted of criminal sale of a controlled substance in the third degree in Monroe County in 2010.
Orleans County Court Judge James Punch gave Harvey the maximum sentence of 2 to 4 years in state prison.
“You need to do as much time as possible because this is a very serious crime,” Punch said during the sentencing.
Gov. Andrew M. Cuomo announced that New York State will begin a statewide multi-media campaign using billboards, radio, television and social media to remind motorists about the deadly impacts of impaired driving.
The campaign, funded by the Governor’s Traffic Safety Committee, builds on the state’s ongoing efforts to combat impaired driving and reduce the number of traffic fatalities.
“Drinking and driving has no place on New York roadways and our administration has made it a priority to crack down on this irresponsible and dangerous behavior,” Governor Cuomo said. “We saw a record low number of DWI-related deaths last year and with this campaign we are seeking to build on this success, prevent more impaired drivers from getting behind the wheel, and further avoid preventable tragedies.”
Preliminary data shows that New York State recorded 1,037 traffic fatalities in 2014, which was the lowest number of traffic fatalities since the state began keeping records in 1925. In 2013, 1,199 individuals died in motor vehicle crashes.
Seventy-eight campaign billboards with a message that reads ‘Impaired Drivers Take Lives. Think’ will now appear across the state. The Governor’s Traffic Safety Committee (GTSC) also produced a 30-second public service announcement as part of the campaign. The announcement features a State Trooper who informs a spouse at her daughter’s birthday party that her husband was killed by a drunk driver. At the end of the announcement, the daughter, now grown and at a cemetery, says ‘that was the day a drunk driver killed my dad. This is how I celebrate my birthday now. Impaired drivers take lives. Think.’
The public service announcement will soon air on cable and network television and radio stations statewide and will be supported by GTSC, DMV and other state agencies through their social media channels.
Chuck DeWeese, Assistant Commissioner of the Governor’s Traffic Safety Committee said, “Impaired driving is still a major problem in New York. From 2009-2013, an average of 342 traffic fatalities occurred annually as a result of alcohol-impaired driving. With the support of many state agencies as well as municipal and county law enforcement, GTSC will continue its joint efforts to reduce fatalities associated with impaired driving. Driving while under the influence of alcohol or drugs is completely unacceptable.”
Since Cuomo became governor on Jan. 1, 2011, New York has implemented an aggressive approach to combating impaired driving. By leveraging the state’s network of county STOP-DWI programs, GTSC uses statewide enforcement mobilizations during holiday periods and in conjunction with national crackdowns to vigorously crack down on impaired driving. In 2014, the STOP-DWI Foundation launched the ‘Have a Plan’ mobile app to reduce impaired driving and encourage motorists to find a safe way home instead of driving.
The state also took steps to strengthen its impaired driving laws last year. Effective November 1, 2014, drivers convicted of DWI or DWAI three or more times in 15 years face a Class D felony charge, up to seven years in prison and a fine up to $10,000.
File photo by Tom Rivers – Orleans County Legislator Lynne Johnson is pictured on March 24, speaking about the disadvantages facing many Orleans County residents and businesses due to unavailable or low-quality Internet access. She addressed David Salway, director of NYS Broadband Program Office, during a roundtable discussion at the Orleans County Cornell Cooperative Extension. Tom Biamonte (left), owner of Shelby Crushed Stone, said his company suffers because there isn’t Internet on Blair Road in Shelby. David Godfrey, a Niagara County legislator, is second from right and Ken DeRoller, Orleans County legislator, is at right.
ALBANY – A two-county collaboration to bring high-speed Internet to underserved rural pockets of the community was recognized last week in Albany as the “Most Collaborative Broadband Program.”
Niagara and Orleans counties have been working on the initiative to extend broadband throughout the two counties through the Niagara-Orleans Regional Alliance.
Orleans County Legislator Lynne Johnson and Niagara County Legislator David Godfrey were recognized with the award at the 3rd Annual NYS Broadband Summit. Hosted by the NYS Broadband Program Office, the event honored New York’s outstanding broadband industry leaders.
Johnson and Godfrey were acknowledged for leading a dual county initiative to deliver affordable broadband Internet to unserved address points in both Orleans and Niagara counties after an intensive study revealed more than 3,900 unserved addresses existed in areas the New York Broadband Map had documented was almost 100-percent covered.
In reality, the county leaders said only 65 percent of the rural areas in both counties had access to high-speed Internet. Cable and Internet providers are able to report to the state that an entire census block has Internet coverage, even if only one house on the block has Internet access, which has resulted in inflated coverage reports across New York State.
Johnson and Godfrey were nominated for the award by the Ridgeway Town Supervisor Brian Napoli, who several years ago identified the need for more broadband throughout Orleans and initiated talks on how to expand it.
In early 2014, a NORA-commissioned study from BPGreene & Associates revealed the unserved address points in both Niagara and Orleans counties. Regionally, it was well known there were many areas with no coverage which would hinder economic development efforts, if left unaddressed. NORA’s survey results provided overwhelming data that was so concrete the state accepted NORA’s study to formally update the New York State Broadband Map.
Along with Legislators Johnson and Godfrey, the 2015 Broadband Summit also commended Governor Andrew M. Cuomo and the “New NY Broadband Program” created so all New Yorkers would have access to reliable and affordable high-speed Internet service by 2019. The state has committed $500 million to the effort.
Through the NORA Broadband Initiative, Johnson and Godfrey have addressed the lack of connectivity for many residents, small and agri-businesses, tourism and other industries in more rural counties.
The work from NORA has the two counties well positioned to access state funding for high-speed Internet expansion.
“As legislators, we could no longer ignore the broadband gap that existed,” said Orleans County Legislature Chairman David Callard. “We are proud to be part of this trailblazing initiative and thankful for the support of the NYS Broadband Program and Governor Cuomo through his New NY Broadband campaign.”
By Tom Rivers, Editor Posted 16 June 2015 at 12:00 am
Photos by Tom Rivers – Bilal Huzair, deputy director for the World Sufi Foundation, sits on the front steps of the group’s mosque on Fuller Road in Carlton.
CARLTON – A State Supreme Court justice has ruled the World Sufi Foundation can keep its mosque on Fuller Road and another site used for medical services on Waterport Road.
The ex-wife of the Sufi Foundation’s minister, Dr. Asaf Durakovic, claimed in a lawsuit that the properties were fraudulently transferred to the World Sufi Foundation.
The World Sufi Foundation argued in court that the properties were bought by the group and have been maintained by members. The sites are not a personal asset of Dr. Durakovic, the group told Judge James Punch.
The properties were titled in the name of Durakovic because he was the senior minister when the World Sufi Foundation was incorporated. Title to the properties was transferred automatically once the World Sufi Foundation was incorporated in 2004, the group said in court filings.
Punch, in a decision dated on Thursday, said Durakovic held title to the properties in Waterport, but he had no “beneficial interest” in these assets. He merely held them “as the titular head of the Sufi World Foundation,” Punch wrote in his decision.
The site at 1815 Waterport Rd. has been used a medical clinic and the property at 1529 Fuller Rd. has been primarily used as a meeting place for prayers and ceremonies.
Punch’s decision follows a similar conclusion by a Canadian Court, which found the properties were not part of the Durakovic’s and his former wife’s marital estate.
This site on Fuller Road has been used for prayers and services by the local Muslim community.
The judge made his decision on Thursday and the Sufi Foundation was notified of it in mail on Monday.
That followed almost a week of public demonstrations, including an interfaith rally on Sunday outside the courthouse, seeking religious protections for all faiths.
Bilal Huzair, a member of the Sufi Foundation, said the group is relieved the case is over and it can continue to use the sites.
Huzair stopped by the mosque on Fuller Road today. He said the site has been used by the local Muslim community for 37 years for prayers, services and other special events. The site is in a rural area along a dirt road. Huzair said the community enjoys the peacefulness of the location.
“Someone is always here praying or just enjoying it,” he said.
The mosque has a symbol near the front door that means “He is.” The property also has many trees, and each member has planted at least one.
“It’s giving thanks to God,” he said about all the trees.
Huzair said the Muslim community appreciates the support from other people in the community, especially at the interfaith rally on Sunday, when people stood in a downpour.
The pastors of the First Presbyterian Church in Albion and Pullman Memorial Universalist Church were part of that rally, as well as the Social Justice Committee from the Holy Family Catholic Parish in Albion and other religious groups from outside Albion.
“There were members from different churches who joined us in the pouring rain,” Huzair said.
He is hopeful the religious people can continue to build a strong interfaith community in Orleans County and the region.
The New York State Senate late Monday night passed legislation sponsored by Sen. Rob Ortt (R-North Tonawanda) aimed at preventing scrap metal theft.
The bill (S.4882) prohibits the sale or purchase of certain items as scrap by creating a scrap processor registration system. Ortt says he believes the measures will help curtail copper theft.
“Scrap theft has been a growing issue in our community with criminals emboldened by the high cost of metal,” Ortt said. “What was once an occasional inconvenience has become a public hazard. We’ve seen historic sites, farms, churches, and factories stripped of scrap. We’re approaching dangerous territory when we see our railroads, street signs, and homes ransacked for metal. By establishing a scrap metal registration, we can remove illegal scrap dealers from the market. I’m hopeful my colleagues in the Assembly will take up this important measure without delay.”
Last month, Niagara Falls police charged a man for stealing scrap metal from an M&M Electric storage container. Several weeks ago, transit riders in New York City experienced massive delays when more than 500 feet of cable was stripped from subway tracks in Queens. And earlier this year, several thousand pounds of scrap copper wire, valued at $80,000, was stolen from Cambria Contracting. In the past, the historic Palace Theatre in Lockport and the former Summit Park Mall in Wheatfield have had copper theft.
The bill lays out specific requirements that a supplier must meet in order to qualify for a scrap processor registration while delineating the application process. It also lays out specifics related to scrap processing facilities, including the need for an electronic video recording system at all scales and at all points of sale locations. It prohibits the sale of certain items as scrap and establishes penalties for violations.
The bill has yet to be taken up by the State Assembly. Legislative session is expected to conclude this week.
‘Unfair zone pricing’ pushes up prices in Orleans, Genesee
Press Release, State Assemblyman Steve Hawley
Assemblyman Steve Hawley (R-Batavia) today announced that the Assembly passed legislation he multi-sponsored to end the unfair practice of geographic zone pricing regarding gasoline sales.
Hawley said he has been a leading opponent of this practice and has written to former Attorney General Andrew Cuomo and current Attorney General Eric Schneiderman, urging them to investigate the practice in Genesee and Orleans counties.
“I am proud to announce that the Assembly has finally taken measures to end the unfair practice of zone pricing, known as gouging, for gasoline sales in my district and across New York State,” Hawley said. “Three separate undercover investigations conducted by two different attorneys general have found that gasoline prices were excessively higher in Genesee and Orleans counties than in neighboring counties.
“Many families in my district are still struggling to pay their bills and remain in their homes and affording a full tank of gas should be the least of their concerns. This bill mandates the New York State Attorney General to enforce the fair zoning of gasoline prices statewide, an initiative I have called for several times. I am relieved that this bill offers relief from the unethical tactics used by petroleum companies to fix gasoline prices in my district.”
By Tom Rivers, Editor Posted 16 June 2015 at 12:00 am
HOLLEY – Village residents elected two incumbent trustees to continue on the Village Board.
Brian Sorochty, the current deputy mayor, was the top vote-getter during today’s election. He received 93 votes followed by 82 for Trustee Skip Carpenter. They were both elected to two-year terms.
Sondra Knight made her first run for public office and received 53 votes.
There were 132 voters in the election out of about 900 eligible voters.
By Matthew Ballard, Orleans County Historian Posted 15 June 2015 at 12:00 am
ALBION – Irish Catholic immigrants flocked to Orleans County as early as the 1820s and 1830s, well in advance of the Great Famine of 1845-1852.
The Irish in Albion and Medina quickly found work within the newly established sandstone quarries located throughout the region, yet no house of worship existed to meet their weekly sacramental requirements.
Around 1840 Rev. Patrick Costello of Lockport visited Albion to celebrate Mass in the home of John Walsh, an early Irish settler in the village. The earliest Irish population was small, consisting of the families of Samuel McCaffrey, Denis Sullivan, Patrick McMahon, Bernard Flaherty, Thomas Crean, and Felix McCann, the latter a veteran of the Battle of Waterloo.
The community rented space in the Burrows Block on Main Street and priests held monthly services from Lockport or Rochester. These priests were also called upon to administer the sacraments of baptism and matrimony.
In June of 1849 Bishop John Timon visited Albion with Rev. Harmon of Medina in order to secure the site on North Main Street. Work began soon after and the edifice was completed in 1852 under the direction of Rev. O’Conner; the first Mass was celebrated on Palm Sunday of that year.
Over the next 10 years, the congregation saw numerous priests come and go until Rev. John M. Castaldi arrived in 1862. His tenure with the parish would be one of the longest in the history of the congregation.
Castaldi ensured the continued growth of the parish with the erection of a parochial school located behind the church, opening in 1869 under the direction of the Sisters of Mercy. He also secured 26 acres of land located on Brown Street for use as a Catholic cemetery, then called “Holy Sepulchre.” Two years later, the parish purchased the property of Mrs. English for use as a convent for the Sisters.
This growth and the size of the congregation elevated the parish to the rank of “Irremovable Rectorship,” meaning the priest left only by retirement or death. It was the death of Rev. Castaldi in 1895 that led to the erection of the new sandstone church on Park Street; another story for another time.
This image shows the original site of St. Joseph’s Catholic Church, located between Erie Street and Caroline Street. Unlike the current edifice, this church was constructed of wood and was likely meant to serve as a temporary house of worship.
Those familiar with St. Mary’s Assumption Parish in Albion will notice some similarities between this structure and the Polish parish building. Both the interior and exterior of the Polish church resemble the original St. Joseph edifice.
The Department of History is now seeking submissions for the inaugural edition of “The Pioneer Record.” Check out www.orleanscountyhistorian.org for more information.
By Tom Rivers, Editor Posted 15 June 2015 at 12:00 am
Photo by Tom Rivers – This horse at the Forrestel Farm Riding Camp in Shelby is out after rain on Sunday evening.
SHELBY – The National Weather Service is forecasting more rain this week, including a chance for thunderstorms. Today should reach a high of 78 degrees with a 40 percent chance for thunderstorms, followed by a high of 76 on Tuesday with a chance for thunderstorms, according to the Weather Service.
Wednesday is forecast to be mostly sunny with a high of 72, followed by a high of 75 on Thursday with a 50 percent chance of thunderstorms. Friday should be sunny with a high of 74 degrees, according to the Weather Service.
Mike Beach of Albion snapped this photo of geese crossing Gaines Basin Road by Wal-Mart on Sunday.
By Tom Rivers, Editor Posted 15 June 2015 at 12:00 am
MEDINA – Western New York Energy plans to add an 800,000-bushel storage facility to the ethanol plant at the corner of Bates Road and Route 31A.
The $2 million project will allow the company to take in more local corn and have more flexibility for deliveries, especially when farmers try to deliver corn before harsh weather, said Michael Sawyer, WNY Energy chief executive officer.
The company currently has 1 million bushels of storage space with two 500,000-bushel grain bins. They can hold about 18 days worth of corn when the plant is at full capacity. The plant, which opened in November 2007, uses about 20 million bushels of corn annually to produce 55 million gallons of ethanol.
Sawyer said the company is considering an expansion and 800,000 bushels of added grain storage would help with an expansion in the future. In the short-term, the extra storage will allow the plant to receive more corn and have more on site when weather can sometimes wreak havoc at harvest in the fall or in delivering the crop during the winter.
“Weather in our industry can make it difficult on us and corn growers,” Sawyer said.
Farmers sometimes try to beat bad weather and the ethanol plant’s storage can be at capacity, forcing the company to turn away some farmers until there is more storage space. The added storage will allow WNY Energy to better accommodate farmers, Sawyer said.
The Orleans Economic Development Agency is working on a sales tax exemption for the project. If it costs $2 million in materials and equipment, the sales tax exemption would save WNY Energy $160,000.
Jim Whipple, the EDA executive director, is working on setting up the public hearing at the Shelby Town Hall for that sales tax exemption.
Sawyer said the company is eager to get started on construction for the project.
By Tom Rivers, Editor Posted 15 June 2015 at 12:00 am
Daniel Kestel, aka Paul A. Bambanek, will be extradited to Texas
Daniel Kestel, pictured in 1992
ALBION – A Medina man is accused of kidnapping his infant son 23 years ago in Lorena, Texas. Daniel Kestel has been wanted on a warrant since 1992. He was arrested on Friday by the FBI and today he appeared in Orleans County Court, where he waived his rights to fight extradition, choosing not to challenge his return to Texas.
Orleans County Court Judge James Punch said authorities from Texas will pick up Kestel, also known as Paul A. Bambanek, within 30 days.
Kestel, now 58, is paying on a mortgage on a house at 579 East Ave. He told the judge he owes $46,000 on the mortgage for a house assessed for about $60,000. The judge assigned the public defender’s office for Kestel’s arraignment on a fugitive warrant.
Kestel acknowledged in court he has been using the alias of Paul A. Bambanek.
District Attorney Joe Cardone said he was notified by the FBI on Friday of Kestel’s arrest. Cardone doesn’t have information on how long Kestel has been living in Medina or the whereabouts of Keskel’s son, Justin, who is now 24.
The Waco Tribune-Herald interviewed Justin’s mother in a story published June 26, 2012 on the 20th anniversary of the abduction.
Karen Hunter said Dan Kestel became enraged when they were setting up the baby’s room. He threw a hammer at her 7-year-old son at the time, according to the newspaper.
Hunter moved out and the couple would divorce. Kestel moved to the Dallas area and worked in hotel maintenance. He was granted supervised visits with his son twice a month, according to the Waco Tribune-Herald.
He allegedly abducted his son when Justin was 13 months old. Hunter didn’t see him after June 21, 1992.
Cardone said the FBI received a tip that Dan Kestel was living in Medina.
Kestel appeared in court today. He still has long hair, similar to his photo from 1992.
Cardone speculated that Kestel used a last name that was similar to Laurie Bembenek. She made national news in the early 1980s. Bembenek was a Playboy bunny, who became a police officer. She was convicted of murdering her husband’s ex-wife in Milwaukee, Wisconsin, on May 28, 1981.
Bembenek gained national attention as “Run, Bambi, Run” after she escaped from prison and was recaptured in Canada. Her story inspired a TV movie.
By Tom Rivers, Editor Posted 15 June 2015 at 12:00 am
MEDINA – A developer is interested in building a new 49-room hotel in Medina on Maple Ridge Road, west of the Bates Road intersection, Orleans Economic Development Agency officials said.
That developer is currently working on a project in Pennsylvania. Once that is complete, the developer could commit to the project in Medina, perhaps in September, said Jim Whipple, the Orleans EDA chief executive officer.
EDA officials have been courting developers for a Medina project in recent months. The EDA had a consultant study the market in Medina to see if a new hotel would be financially sustainable.
The consultant, Interim Hospitality Consultants, said Medina could support a small hotel with 41 to 49 rooms. A hotel that size would see at least a daily occupancy rate of 60 percent, according to the report from Interim Hospitality.
Whipple said this morning there is interest in developers in the project. The EDA wants to submit the hotel project through the Finger Lakes Regional Economic Development Council, seeking that group’s blessing for state funding to help with an access road off Maple Ridge Road for the hotel.
Besides the usual $750 million state-wide in funding for economic development, this year the state has added $1.5 billion in the “Upstate Economic Revitalization Competition.” The $1.5 billion will go to three regions in the state that submit the best plans for economic development projects. Whipple said the hotel would be a boost for Orleans County.
Orleans could boost its sales tax and visitor spending with the hotel. Orleans County ranked last in the state among 62 counties with visitor spending, according to a state report in 2012. The state report, prepared by Tourism Economics, put the total visitor spending in Orleans at $21.13 million.
Currently the county is limited to many day-trippers because it doesn’t have a chain hotel, EDA officials said.
The EDA has been talking with Cobblestone Inn and Suites about the project in Medina. That company has built many hotels in small towns, typically working with investors in the host community.
The report from Interim Hospitality Consultants said about 30 percent of the Medina hotel visitors would be on business-related trips, while the others would be people visiting family, or in town for class reunions, weddings and other special events.
Photo by Tom Rivers – This building, the former Burgio Tire in Albion, is reflected in the Erie Canal on Saturday at dusk. The building has a canal-themed mural. The site is now used by Payne’s Carpet and Supplies.
The National Weather Service has issued a Flash Flood Watch for Orleans County from 10 p.m. today until Tuesday at noon. The watch is in effect for much of western and central New York.
The Weather Service says showers and thunderstorms will be moving into the region overnight and into early Tuesday. The recent significant rainfall has resulted in many areas with saturated ground and streams running high.
“Any thunderstorm overnight into early Tuesday will have the potential to produce very heavy rainfall in a short period of time,” the Weather Service said. “This may lead to flash flooding.”
The threat of flash flooding exists along rivers and creeks. Residents near those areas should monitor weather conditions closely and be ready to move to higher ground, the Weather Service said.
By Tom Rivers, Editor Posted 14 June 2015 at 12:00 am
Photos by Tom Rivers
ALBION – An 8-foot-high pole declaring “May Peace Prevail on Earth” in eight different languages was dedicated on Saturday by the First Presbyterian Church in Albion.
There are more than 200,000 Peace Poles in the world. Project leader Kim Remley, a member of the church, said the poles are “international symbols of peace. The Peace Poles remind us to help keep peace ever present in our thoughts.”
Kim Remley speaks during a dedication for the Peace Pole on Saturday during the Strawberry Festival. Al Capurso, left, played music during the event.
Bill Lattin, the retired Orleans County Historian, speaks during the dedication. Lattin helped pick the eight languages for the pole, with the languages having a connection to immigrants in the county’s history.
Those languages include Italian, Polish, English, Gaelic, Spanish, German, Latin and Hebrew.
Lattin said immigrants were drawn to the county to work on the canal nearly 200 years ago, helping to construct and then widen the waterway. They also worked in agriculture, in sandstone quarries and in other businesses.
This historical marker by the Presbyterian Church notes the prominence of the sandstone quarry industry in Orleans, and how the quarries attracted immigrants from Italy, Poland, England and Ireland.
“This Peace Pole is appropriately located next to a historic marker which notes a number of local groups that have played a role in our local history,” Lattin said.
Albion sixth-grader Keyarah Kerstetter speaks during the dedication. She also sang the Star Spangled Banner. Other students pictured include Payge Kinsey, center, and Amber Lowery.
The TGIF youth group at the church worked on the project along with the Orleans United Drug Free Communities Coalition, Liberty Partnerships LIFE Program through Genesee Community College, and Community Coalition Initiatives and Actions (CCIA).
