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Niagara-Orleans meet IJC to press against lake plan

By Tom Rivers, Editor Posted 26 September 2014 at 12:00 am

Environmental groups push to have plan accepted

Photo by Tom Rivers – This sign on the shore of the Golden Hill State Park in Barker warns of an eroding shoreline.

Officials from Orleans and Niagara counties continue to fight a new plan for regulating Lake Ontario water levels, fearing the lake would see more extremes in water levels, leading to an eroded shoreline during high water and parched marinas during low levels.

The two local counties were represented in a meeting on Thursday in Buffalo with board members from the International Joint Commission. That group includes representatives from the United States and Canada.

It has endorsed a plan that calls for the biggest changes in regulating water levels in the lake and St. Lawrence Seaway since 1958. Orleans and Niagara officials fear hundreds of millions of dollars of valuable property will be lost from erosion, which will force taxes to rise on every resident in the southshore counties.

Orleans County Legislator Lynne Johnson and Niagara County Legislator Dave Godfrey met with several IJC officials to again state their strong opposition to the proposal, Plan 2014. Johnson said the meeting was attended by Gordon Walker, acting chairman, Canadian Section; Dereth Glance, commissioner of U.S. Section; and Frank Bevacqua, public information officer, U.S. Section.

U.S. Rep. Chris Collins helped to set up the meeting, Johnson said. Collins issued this statement after the meeting.

“Plan 2014 is unacceptable,” he said. “It has been plagued by public backlash and flawed economic analyses from the onset. Most disturbing is that Plan 2014 shows no concern for the negative economic impact its implementation will have on the thousands of individuals, families, and businesses along the south shore of Lake
Ontario.”

Johnson and Godfrey went to Washington, D.C. in early August to meet with federal officials, including the State Department, to rail against the plan.

The six southshore counties from Niagara to Oswego have 10,025 parcels of lakefront land with a total assessed value of $3.7 billion. If they suffer a 10 percent loss, those communities would lose $370 million in value, with the difference to be made up by other taxpayers in the counties, Johnson said

Besides the potential loss of valuable shoreline, the plan could cripple fishing and recreational industries on the south shore of the lake, Johnson and Godfrey said.

Plan 2014 has a lot of support from environmental organizations. Representatives from 41 organizations signed a letter, urging U.S. Secretary of State John Kerry and elected officials and representatives of federal agencies in the two countries to back the new Lake Ontario plan.

Supporters say Plan 2014 will protect against extreme water levels, restore tens of thousands of acres of wetlands, boost hydropower production, and enhance outdoor recreation and increase the resilience of 712 miles of Lake Ontario shoreline in the U.S. and Canada.

“This is a once-in-a-generation chance to restore a Great Lake, invest in New York’s recreation-based economy and prepare for climate change,” said Jim Howe, The Nature Conservancy’s Central and Western New York Chapter executive director. “We hope everyone will explore the facts about this plan, and express their support for its adoption.”

Signatories for the letter included the New York League of Conservation Voters, Ducks Unlimited, Trout Unlimited, Save The River, New York State Conservation Council, Clarkson University, Natural Resources Defense Council, World Wildlife Fund Canada, Ontario Federation of Anglers and Hunters, Nature Quebec, the National Wildlife Federation, The Nature Conservancy and several others.

Plan 2014 follows 13 years of exhaustive study and bi-national consultation with stakeholders and the general public, supported by state-of-the-art simulation of the impacts of alternative regulation plans, according to The Nature Conservancy.

The environmental groups say the plan is an “economic winner” for the Lake Ontario and St. Lawrence River region by providing increased hunting, fishing and wildlife viewing opportunities.

Collins spoke against the IJC plan during a news conference at Oak Orchard Harbor on July 2. He has urged Gov. Andrew Cuomo to reject the plan due to its potential harm to the southshore. Collins and the local officials say they will continue to voice their concerns.

“Today’s meeting offered my colleagues and me another opportunity to reiterate our strong and continued opposition to this plan, and reaffirm our steadfast commitment to preventing its implementation,” Collins said on Thursday.

Suspect in Ridgeway standoff surrenders to police

Staff Reports Posted 26 September 2014 at 12:00 am

Gerardo Quiros

ALBION – A man wanted by State Police after a domestic incident on Wednesday turned himself in at about 9 a.m. today at the State Police barracks in Albion.

Gerardo Quiros, 28, was wanted for menacing and criminal possession of a weapon in the third degree. Quiros was processed and arraigned in the Town of Ridgeway Court. He was remanded to the Orleans County Jail on $5,000 bail. He is scheduled to return to Ridgeway Court on Oct. 6.

Quiros allegedly threatened his mother with a gun on Wednesday afternoon. Police then believed he barricaded himself inside a house on Ridge Road, just west of the Route 63 intersection, going north.

Numerous law enforcement officers, including the Orleans County Swat team, were on scene for several hours on Wednesday, and a portion of Ridge Road was closed.

Officers thought they heard a possible gun shot within the residence. The New York State Police robot was deployed in an attempt to contact Quiros. The robot then gained entry to the residence and a search was conducted with the assistance of the Swat Team.

Quiros was not located in the residence. Police searched the surrounding area but were unable to find Quiros. A warrant was issued for arrest.

State police looking for suspect in Ridgeway

Posted 25 September 2014 at 9:30 am

Gerardo Quiros

Press release, State Police

RIDGEWAY – The New York State Police, with the assistance of the Orleans County Sheriff’s Department, on Wednesday responded to a report from a woman, who stopped a passing Trooper to report her son had pointed a gun at her.

The woman was attempting to retrieve car keys in a residence on Route 104 in the Town of Ridgeway.

As additional patrols responded to the residence, officers heard what they believed to be a possible gun shot within the residence, and began to establish a perimeter around the property.

The New York State Police robot was deployed in an attempt to contact the individual, identified as 28-year-old Gerardo Quiros, with negative results. The robot then gained entry to the residence and a search was conducted with the assistance of the Orleans County Swat Team, which is comprised of officers from the Orleans County Sheriff’s Office, Medina PD and the Albion PD.

Quiros was not located in the residence. A search of the property and surrounding area was also conducted by SWAT and members of the State Police also with negative results.

A warrant has been issued for Gerardo Quiros by the Town of Ridgeway Court for Menacing and Criminal Possession of a Weapon. Quiros who may be armed, is described as a 5′ 08″ tall, Hispanic male, brown eyes, black hair, 150 pounds.

Anyone with knowledge of the whereabouts of Quiros is asked to call the State Police at (585) 344-2200.

Route 104 reopened in Ridgeway after standoff ends

Staff Reports Posted 25 September 2014 at 6:56 am

RIDGEWAY Route 104 is fully open in Orleans County this morning after a standoff ended around midnight in Ridgeway last night.

A section of 104, between the two points for Route 63, was closed for about eight hours after a man barricaded himself inside a house. Police initially responded at about 4 p.m. for a call of menacing.

The Orleans County SWAT Team, State Police and other law enforcement personnel were on the scene for several hours.

State Police haven’t released information this morning about whether the suspect is in custody.

In the 1930s, downtown Albion was a place to walk – and talk

Posted 25 September 2014 at 12:00 am

By Bill Lattin, Orleans County Historian

ALBION – Charles W. Fairbanks took this picture in the early 1930s of Russell Braley and Dr. Ben Howes on East Bank Street in Albion.

Fairbanks entitled this unposed moment in time: “That ain’t the way I heer’d it.” The photo was entered into the Amateur Snapshot Contest sponsored by a Rochester newspaper and appeared as we see it in a supplement.

Legislature given 9-11 Flag

By Tom Rivers, Editor Posted 25 September 2014 at 12:00 am

Photo by Tom Rivers

ALBION – The Orleans County Legislature was presented an official 9-11 flag on Wednesday from Larry Montello, commander of Medina’s Butts-Clark American Legion and also the coordinator of 9-11 memorial events in Orleans County.

The flag given to the Legislature was the first one to fly in front of the courthouse about four years ago. Montello, left, presented the flag to David Callard, Orleans County Legislature chairman.

Montello thanked the county for supporting a 9-11 memorial near the flagpole in front of the courthouse. Callard commended Montello for heading the memorial events every 9-11.

Ag company will leave Albion for new site in Ridgeway

By Tom Rivers, Editor Posted 25 September 2014 at 12:00 am

Helena Chemical has operated out of village since 2007

Photo by Tom Rivers – Helena Chemical plans to leave this site on Platt Street in Albion for a new complex on Allis Road in Ridgeway. The Orleans County Planning Board supported the project during its meeting today.

RIDGEWAY – Three years ago Helena Chemical made a push to build a new facility serving the agricultural community on Long Bridge Road in Albion.

Helena first set up shop in Orleans County in 2007 on Platt Street in the village of Albion. The company wanted a site out in the country, closer to its many fruit and vegetable farmers.

The company withdrew its plan for Long Bridge Road after some residents voiced concerns about the added truck traffic. The company believes it has found an ideal location for its expansion. On rural Allis Road off Route 31 in the town of Ridgeway, Helena wants to gradually build a complex of six structures.

The company will use the site as a distribution point for chemicals, seeds and other products for the agricultural industry. Helena won’t manufacture any chemicals there. It mostly sells bags of seeds and bottles of chemicals.

“What we do is distribute products,” Mitch Wilber, Helena branch manager, told the Orleans County Planning Board tonight.

The company would only have one neighbor on Allis Road, the Bethel Missionary Baptist Church. Helena isn’t open on Sunday when the church has services. The church also has some Wednesday evening programs.

The company has been operating out of the densely populated village the past seven years, and there haven’t been any complaints from residents about noise or odors, said Ron Vendetti, the village’s code enforcement officer.

“We’ve never had any issues with them in the village since 2007,” Vendetti told the Planning Board.

The Allis Road property is zoned industrial and includes access to the railroad, which Helena wants to utilize for some shipments. The company plans to put in a railroad siding. It will also extend a 10-inch waterline from Route 31 to the property.

The six buildings would be about 75,000 square feet collectively. The company is planning a 23,000-square-foot processing plant building, a 20,000-square-foot agri-chemical warehouse, a 20,000-square-foot packaging seed warehouse, a 7,140-square-foot liquid fertilizer building, a 3,260-square-foot office building, and a 2,500-square-foot shop building.

The County Planning Board recommended the Town of Ridgeway Planning Board approve the site plan for the project, while urging there be an “adequate buffer” between the Helena property and the church. The town should also make sure the structures can be readily accessed by larger sized emergency vehicles, county planners said.

Helena opened the Albion site as a satellite of the Geneva office. Albion handles the company’s business west of Route 390 in Monroe County.

“The Albion site is kind of constrained,” Wilber told county planners.

Helena sees more potential in serving the farm community with the expansion, he said.

“The company has been pleased with our results in Western New York and would like to do more,” he said.

Cursive will be taught in Kendall

By Tom Rivers, Editor Posted 25 September 2014 at 12:00 am

Students petitioned district, which says it was never cut from curriculum

KENDALL – In August five elementary students petitioned the Kendall Board of Education to keep cursive writing in the curriculum.

The students are getting their wish, although Principal Sharon Smith said cursive writing wasn’t removed from the curriculum.

Cursive will be taught to third- and fourth-graders this year, and fifth- and sixth-graders will be given trace guides and work sheets to practice at home.

“It’s one more way students can communicate their thoughts,” Smith said.

Five students – Morgan Bukatis, Grace Casey, Cayden Faulks, Cameron Faulks and Riley Casey – submitted petitions signed by about 35 people to keep cursive writing. Smith said cursive never left the curriculum.

She said parents and grandparents of elementary students no doubt remember practicing cursive writing in school. Today’s students also learn to communicate on laptop computers, iPads and other technology during a time-crunched class schedule.

“There are other communication tools available now,” she said. “We had some parents ask, ‘Why are you still teaching cursive writing?'”

She praised the students for getting the petitions signed, meeting with school officials and presenting their ideas to the Board of Education.

“They’ve learned the democratic process,” Smith said. “That was the most valuable thing they learned.”

Cindy Christ is the grandmother of Cayden and Cameron Faulks. She supported the students in their push to promote cursive writing. She is pleased with the outcome from the school.

“The students that petitioned the school board are so excited to be learning it and that they have made a difference in their school,” Christ said.

Truck bursts into flames outside Albion grocery store

By Tom Rivers, Editor Posted 24 September 2014 at 6:55 pm

Photos by Tom Rivers

ALBION – A Dodge Dakota pickup truck burst into flames at about 5:20 p.m. at the Pawlak’s Save-A-Lot parking lot.

The truck is owned by Timothy Martin, who lives on Hamilton Street near the Save-A-Lot.

Albion firefighters were on scene and doused the fire. This sequence of photos was taken over about three minutes.

Section of 104 closed in Ridgeway after suspect barricades self inside

By Tom Rivers, Editor Posted 24 September 2014 at 6:30 pm

Photo by Tom Rivers

RIDGEWAY – Law enforcement are outside a house on Route 104 in the town of Ridgeway while a suspect is inside barricaded, state police said.

Law enforcement responded at about 4 p.m. for a domestic violence call. The victim is not believed to be in the house while the suspect remains barricaded inside.

State police have closed Route 104 between routes 63, the south route leading to Medina and the north route leading to Lyndonville. Nearby residents are also asked to stay inside, said Victor Morales, a spokesman for the State Police.

Community Action invites residents, officials for poverty simulation

By Tom Rivers, Editor Posted 24 September 2014 at 12:00 am

ALBION – People wondering what it’s like to live in poverty, and face the fears and frustrations for parents struggling to make ends meet, are invited to a poverty simulation next Friday.

Community Action of Orleans & Genesee will host the event on Oct. 3 from 1 to 3:30 p.m. at the Batavia First United Methodist Church. The agency is hosting the event for the first time to try to raise awareness for poverty issues, said Ed Fancher, Community Action director.

At the simulation participants will assume the role of a low-income family member living on a limited budget. The experience is divided into four 15-minute sessions, each of which represents one week in which participants must provide for their family and maintain their home.

In the two rural counties alone, there are about 12,700 people (including over 4,000 children) who live below the poverty line, Fancher said.

“We think this will be a good way to have a conversation about poverty,” Fancher said about the simulation.

Local poverty is most concentrated in the villages of Albion and Medina, and the city of Batavia, Fancher said.

About 50 people have already signed up for the poverty simulation. Fancher welcomes more participation, including from elected officials. People interested in the simulation, should call 589-5605 and ask for Fancher or Nathan Varland, director of Housing and Support Services for the agency.

Community Agency will follow the simulation with a poverty awareness dinner at Batavia Downs on Oct. 3.

Kendall approves $16.4M in school construction bids

By Tom Rivers, Editor Posted 24 September 2014 at 12:00 am

District will have ground-breaking celebration Oct. 15

Photo by Tom Rivers – Kendall Board of Education President Nadine Hanlon, left, smiles with Julie Christensen, school district superintendent, after the Board of Education accepted seven different construction bids this evening for upgrades to the elementary and junior-senior high school.

KENDALL – Two-plus years of planning for a major capital project at Kendall Central School reached a big milestone this evening when the Board of Education approved construction bids for the project.

The seven different contracts totaled $16,416,433. That was under the district’s projections and means the district won’t have to eliminate pieces of the project to stay under budget.

The district will celebrate the ground-breaking of the project with a 6 p.m. ceremony on Oct. 15 just before the Board of Education meeting. The ground-breaking will be behind the junior-senior high school near the soccer fields. That area is where an addition for the cafeteria and kitchen will go.

The board approved the following bids tonight:

General trades – Allied Builders, Inc. of Brockport for $4,987,000.
Roofing – Elmer W. Davis of Rochester for $5,782,177.
Drywall – Accurate Acoustical Corp. of Victor for $1,144,000.
Plumbing – Michael A. Ferrauilo Plumbing & Heating of Rochester for $468,000.
HVAC – Landry Mechancial Contractors of Le Roy for $2,253,500.
Electrical – Kaplan-Schmidt Electric of Rochester for $1,189,000.
Controls – Trane of Rochester for $592,756.

When the bids were approved, Board of Education President Nadine Hanlon cracked a wide smile. She was a student at Kendall not long after the open classrooms were constructed. The project will make all of the classrooms enclosed, as well as tackling numerous other upgrades.

“It’s very exciting,” Hanlon said. “It’s exciting for me to see the transition.”

The project includes new roofs for both school buildings, as well as energy efficient improvements, heating and ventilation work, and updated security measures. Both sites will also see improvements to parking lots and sidewalks.

The junior-senior high school was built in 1971 in an “open classroom” model that didn’t include contained classrooms. The school includes partitions to try to reduce noise and hallway distractions. The capital project would give all the classrooms four walls and their own door.

Kendall residents approved the $25 million capitol project in May 2013. The district has been working with the State Education Department since then on the final designs for the work.

The construction bids do not include costs for architectural fees, construction management, legal fees and other non-construction costs.

Contractors are scheduled to start work on the project Oct. 27, beginning in the back cafeteria of the junior-senior high school, as well as some of the underground infrastructure work at the elementary school.

Crews will continue to work in wings of the junior-senior high school during the winter and spring, with contractors busy next summer so the buildings are ready for the new 2015-16 school year next September. The project will be substantially complete then, with the final work planned for the summer of 2016.

The capitol project will be 90 percent funded with state aid. Kendall’s local share already is saved in a capital reserve account.

NY Teachers’ Union president visits Medina

Staff Reports Posted 24 September 2014 at 12:00 am

NYSUT President Karen Magee and Medina Teachers’ Assoc. President Joe Byrne.

Provided Photos – Karen Magee meets with teachers at Oak Orchard Elementary School.

MEDINA – The president of the New York State Union of Teachers visited Medina teachers on Tuesday. Karen Magee met with teachers and Medina Teachers’ Association leadership.

State union officials, including Magee, were in Buffalo for the Champions of Public Education Reception, honoring State Sen. Tim Kennedy and several members of the State Assembly for their dedication to student advocacy.

Magee said she was very impressed by the district and the services available to Medina Students. She toured Medina High School and Oak Orchard Elementary School, meeting with teachers at both locations. She was struck by the sense of community in the district, having walked the halls of the high school and elementary schools decorated for Homecoming. Ms. Magee mentioned how impressed she was with the use of technology in the classroom.

The teachers, in preparation for the NYSUT president’s visit wore “Our Classroom Matters” buttons, advocating for the education of students as people, not test scores.

“The president’s choice to visit Medina is a proud day for the union and serves as testament to teachers’ hard work in the classroom and their continuing support as advocates for the children of Medina,” said Joe Byrne, president of Medina Teachers’ Association.

Medina agrees to supply new Shelby water districts

By Tom Rivers, Editor Posted 24 September 2014 at 12:00 am

Mayor says town now needs to resolve water cost dispute

SHELBY – A standoff in recent months over the water source for two new water districts in the town of Shelby has been resolved. The Village Board voted unanimously to have Medina provide the water.

The board, in particular Mayor Andrew Meier, had been reluctant to supply the new districts until the Town Board agreed to pay its share of an “ad valorum” charge to the Niagara County Water District. For Shelby, the charge would be nearly $25,000 a year for all of the water districts.

The Niagara County Water District billed the village $134,437 this year for the fee. The village hired Bonadio & Co. to determine a fair distribution of the charge and the firm calculated $24,171 for Shelby water users, $6,748 for Ridgeway water users and the village, $103,528.

Shelby doesn’t believe it needs to pay towards the fee, saying the village already hits the town with higher water rates than villagers pay. Ridgeway town officials have ignored the issue, except for an email from Town Supervisor Brian Napoli, who last Oct. 3 said the village “gouges” the towns for water.

“This appears to be another desperate attempt to use the Towns as funding sources for the Village’s overspending, poor financial management and inept budgeting,” Napoli wrote to Meier, in a message that was copied to Ridgeway and Shelby officials. “We have no intention of allowing the Village to dictate what goes into our budget. How do we proceed? By ignoring it.”

Shelby officials are willing to have a “good faith” discussion about the issue, attorney Karl Essler wrote to village officials on Sept. 16. Essler in his letter said the village needed to move forward on the water supply agreement so Shelby could advance the two water districts.

He said residents in the two districts have wells that are “severely poor quality” and pose a health threat to residents.

Essler said the village shouldn’t use the water supply issue as leverage in negotiating the Niagara County WD charge, which Essler said the village already applies to the town with higher water rates.

Village Attorney Matthew Brooks, in a Sept. 19 letter to Essler and Shelby officials, said the village is obligated to demand the ad valorum charge after the review by the auditing firm, which spelled out the responsibilities for the two towns for the charge.

Brooks, in his letter to Essler and Shelby, urged the town to stop a pattern of “unresponsiveness” and “brinkmanship.” Brooks said legal action may be needed to resolve the issue if the Town Board can not negotiate in good faith. Brooks said he wants the issue resolved by the end of the year.

Meier said he is hopeful the two towns will soon pay their share of the charge, which currently is borne solely on village water users. The Village Board in May voted to raise water rates for village residents. Meier said the average residential town water users gets a better deal than village water users.

“We’re looking for a resolution to this issue,” Meier said Tuesday evening. “The towns need to follow through with their end of the bargain.”

Attorney tells judge County Task Force violates due process

By Tom Rivers, Editor Posted 23 September 2014 at 12:00 am

Unit operates out of DA’s office, which then prosecutes

ALBION – An attorney for an Albion man facing numerous drug charges is questioning whether his due process rights have been violated because he was arrested by a task force that operates out of the District Attorney’s Office, which is now prosecuting him.

Shirley Gorman represents Joseph James, an inmate in the county jail. James, 33, was arrested along with 15 others on April 1 following a six-month investigation into the sale and distribution of illegal drugs in the village of Albion, the Orleans County Major Felony Crime Task Force reported.

Gorman says the Task Force in Orleans differs from those in other counties, which operate outside of the DA’s Office as independent units. Gorman made her statements in court on Monday during an appearance with James.

“My position is the Drug Task Force violates due process and a fair trial,” she told Orleans County Court Judge James Punch. He set a hearing for Nov. 5 from 1:30 to 4:30 p.m. on that and other issues raised by Gorman.

“This would be legally unprecedented,” Punch told her in court on Monday.

The Task Force works under the supervision of the DA’s Office, but the Task Force has independence is investigating its cases, First Assistant DA Susan Howard told the judge.

The Task Force includes officers from the Holley, Albion and Medina police departments, as well as the Orleans County Sheriff’s Department. A board of directors oversees the Task Force. They include the three village mayors, county legislators and law enforcement officials.

Howard said the arrests by task force members actually come from one of the village police departments or the Sheriff’s Department.

In other counties, the DA’s Office will work with a task force after the charges have been brought, but not while a case is being developed, Gorman said.

“The DA’s Office is creating the crime,” Gorman said. “It’s not the action of a police department. It’s a task force run by the DA’s Office.”

She also alleged prosecutorial misconduct because the confidential informant in the case against James was observed on tape telling a police officer, “I have to tell you I used some.” Gorman said the informant ingested cocaine without any apparent repercussions from the task force or DA’s Office.

Howard said the informants often will ingest materials that resemble illegal drugs, but aren’t necessarily cocaine or another narcotic.

She noted the office willingly turned over videos to Gorman.

“We’re not trying to hide anything,” Howard responded in court.

Punch said he wants to hear more on the informant’s actions as well as other issues raised by Gorman.

“All of these things need to be developed at the hearing,” he said.