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Barre highway superintendent recognized for 20 years at Highway School

Contributed Story Posted 17 June 2015 at 12:00 am

Provided photo

BARRE – Dale Ostroski, center, was recognized on June 3 for a 20-year attendance award at the School for Highway Superintendents, which is co-sponsored by the Association of Towns of the State of New York in Albany, and the Cornell Local Roads Program in Ithaca.

Ostroski is pictured with David Orr (left), director of the Cornell Local Roads Program, and Russell Page, president of New York State Association of Town Superintendents of Highways and Superintendent of Highways.

The Annual School for Highway Superintendents, or Highway School, is a conference attended by about 700 participants, the majority being local highway and public works officials. The Highway School features topics related to all aspects of highway care and maintenance.

The Cornell Local Roads Program provides training, technical assistance, and information to municipal officials and employees responsible for the maintenance, construction, and management of local highways and bridges in New York State.

Ostroski is retiring on Dec. 31 as Barre highway superintendent.

Lynn Roberts built one of biggest farms in Orleans County

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

Carlton farmer, 80, was also active in Fire Department

Photos courtesy of Roberts family – Lynn Roberts is pictured about two years ago at Circle R Fruit Farm with his son Darren Roberts, center, Bernie Heberle, manager of Circle R. Lynn Roberts died on Saturday at age 80.

CARLTON – Lynn Roberts was working as a barber in his 20s when he decided to pursue his passion in life: farming.

He bought 130 acres from his grandparents, George and Beatrice Roberts, land near the intersection of Kent Road and Route 18.

In the next 50 years, Roberts would build one of the biggest farms in Orleans County and Western New York. Lynn-Ette and Sons farms more than 8,000 acres of grain and vegetables. Roberts in 1991 also started Circle R Fruit Farm, which includes another 550 acres of apples and fruit.

The two farm operations have 32 full-time year-round employees and about 100 other seasonal workers.

“He had a vision,” said his son Darren Roberts, manager of Lynn-Ette and Sons. “It was A-1, top notch or we didn’t do it.”

Mr. Roberts died on Saturday at age 80. Besides the farm, he enjoyed hunting and fishing, and was a long-time active member of the Carlton Volunteer Fire Company.

His family marveled at Roberts’ determination in building the farm, especially when corn prices were low for so long, making it difficult to acquire land and equipment.

Darren Roberts said his father had many sleepless nights during the lean years. Lynn would cut cabbage himself in the early years. His wife Annette often drove a truck with tomatoes to the market.

“That’s why the farm was so dear to him,” Darren said. “They had to fight so hard to keep it going.”

Lynn Roberts is pictured about 20 years ago with a Walker Foxhound and a coyote they hunted. Roberts often drove his truck in the community with a dog next to him.

The farm grew with the help from family and dedicated employees, Darren said. His brother Robin was a long-time manager and was critical to Lynn-Ette’s success, Darren said. Their brother-in-law Greg Jurs was instrumental in the farm’s bean operation, including the addition of its own packing line about three decades ago.

Lynn-Ette also added its own trucking fleet and diversified into fruit, led by manager Bernie Heberle.

Darren said his father surrounded himself with good employees, and inspired them to innovate in the industry, whether trying a new packing line, experimenting with fertilizer applications or using hail cannons to protect the crops during a storm.

“He said we have to find our niche,” Darren said about the farm. “He had a drive to get things done.”

The Lynn-Ette and Circle R trucks are distinguished with the large “R” letters that Lynn added about 30 years ago. The farm was making a sweet corn delivery to a processing plant in Bergen. Darren said the plant had trouble telling the trucks apart.

So Lynn started putting the big “R” on the Lynn-Ette trucks. He liked it so much, the letter “R” is now stands out with LED lights on about a dozen of the trucks.

Lynn remained a presence at the farm in recent years. He was pleased to see the farm grow. He was sentimental about his farming friends. He had pictures of many of his farming neighbors in his office.

Before farm equipment was so big and powerful, Darren said farmers would work together, sometimes just to move huge boulders from fields.

His father didn’t want debt to pile up on the farm and worked to pay off equipment within a year. He didn’t want to be weighed down with worry about those bills.

Photo by Tom Rivers – Lynn Roberts was proud of his farm and put large “R” letters on the front of farm trucks for Lynn-Ette and Sons and Circle R Fruit Farm.

Gary Kludt is co-owner of the Kludt Brothers Inc., a large neighboring vegetable and grain farm in Kendall. The two big farms have got along well for many years, Kludt said.

“We’ve been neighbors forever,” Kludt said. “We’ve always been on good terms and avoided butting heads.”

Kludt said farmers have needed to work smarter and not just harder to survive.

“You got to have some breaks in life and people you trust to get ahead,” Kludt said. “You need foresight in making the right decisions.”

Roberts surrounded himself with a dedicated group of employees, Kludt said, and Lynn proved himself a savvy businessman who could make the tough decisions, Kludt said.

Roberts took chances with the bean line and venturing into fruit production, Kludt said.

“They’ve never been afraid to get their feet wet,” Kludt said.

He knows Roberts was proud and thankful to see the farm grow and succeed.

“He took pride in Circle R and Lynn-Ette and Sons,” Kludt said. “That was his pride and joy – his farm.”

State Senate passes bill requiring state to maintain lift bridges

Posted 17 June 2015 at 12:00 am

Photo by Tom Rivers – The lift bridge in Eagle Harbor is one of 17 on the Erie Canal, and one of seven in Orleans County.

Press release
State Sen. Robert Ortt

Legislation sponsored by State Sen. Rob Ortt (R-North Tonawanda) would close unreasonable loopholes in the canal law and hold New York State responsible for maintaining and repairing canal infrastructure before lift bridges fall into disrepair. The bill (S2658) passed in the State Senate on Tuesday.

“Under this bill, the state would be mandated to improve deteriorated lift bridges, and would no longer be able to skirt current law by simply closing the bridge,” Ortt said. “It’s absurd to think that letting infrastructure needs fall to the wayside is acceptable. Not only would this measure address safety and economic concerns, it would also hold the state accountable, close loopholes and ultimately protect our children and communities.”

Currently, the New York State Department of Transportation and the state Canal Corporation, under the direction of the Thruway Authority, are required to maintain canal lift bridges. Certain loopholes in the law, however, often result in the deterioration and closure of the bridges. As the law currently stands, the state can choose whether or not to repair a canal lift bridge as long as there is an alternate transportation route.

In addition, a rundown lift bridge may not be closed, but often times restricted to emergency and commercial vehicles, including tractor trailers, school buses, and other large trucks exceeding a certain weight limit. As a result, residents and those in the agriculture industry are forced to take alternate routes that are typically longer and end up costing more money in travel expenses.

The bill would require the state to maintain canal lift bridges, but doing so in a way that would not hinder commerce, transportation of students, or agriculture.

“Local commerce takes a hit when farmers or other small businesses can’t cross a restricted canal bridge, because of a weight limit,” Ortt said. “It’s unfair to make farmers, school buses, and tractor trailers travel 25, 30, 40 miles out of the way to get where they need to go. That, along with ignoring vital infrastructure needs, is completely unacceptable.”

Additionally, the bill would call for at least one public hearing before a lift bridge is closed.

The bill is being sent to the Assembly.

Judge sentences 3 people in county court, including 1 to state prison

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

ALBION – Three people were sentenced for crimes in Orleans County, including state prison for an Albion man.

Curtis McCall, 28, previously of 319 West State St., was sentenced to 1 ½ to 3 years for third-degree burglary, criminal possession of a forged instrument in the second degree and attempted grand larceny in the fourth degree for crimes on June 1, 2011.

McCall had been wanted on a warrant. He turned himself in.


In other cases on Monday, Judge James Punch sentenced the following:

Dana Hubler of Holley was sentenced to a year in jail for violating her probation. She could have received 4 years in state prison.

Hubler admitted she violated her probation by driving a vehicle without a license, drinking alcohol, driving without an interlock ignition device, and missing several probation appointments.

Hubler is an Army veteran and a mother.

Punch said he didn’t think state prison was appropriate for Hubler, but he said some time incarcerated was necessary.

“I understand you have a child and served your country as a veteran, I respect that,” Punch said at sentencing. “My concern is the public safety.”

An Albion woman avoided jail time, but will serve three years on Probation and 80 hours of community service in her sentence for criminal trespass in the second degree.

Brandie Sumeriski of East Bank Street was arrested with two other people for breaking into an Albion house with four children in May 2014. Those three faced second-degree burglary and other charges.

Sumeriski was present for the crime but didn’t have an active role in it.

“Your role was somewhat tangential,” Punch said.

As part of the sentencing, he said Sumeriski needs to stay away from the co-defendants in the case.

“You have some problems and one of them is you hang around the wrong people,” the judge said.

2 arraigned in county court, including Medina man for robbery in Albion

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.

Man who fired shots in Medina last summer sentenced to prison

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.

NY had fewest traffic fatalities in recorded history in 2014

Posted 16 June 2015 at 12:00 am

Press Release, Gov. Andrew Cuomo’s Office

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.

Niagara-Orleans broadband effort recognized at summit in Albany

Staff Reports Posted 16 June 2015 at 12:00 am

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.”

Judge rules Muslim group can keep mosque in Carlton

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.

Ortt and State Senate target scrap metal theft

Posted 16 June 2015 at 12:00 am

Press Release, State Sen. Robert Ortt

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.