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Locals can have input on turbines, but state committee gets final say

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

Company eyes Yates, Somerset for 60 to 68 turbines

Photos by Tom Rivers – Cathi Orr, a Somerset resident who opposes “Lighthouse Wind,” speaks during a public meeting Wednesday at the Barker Fire Hall. About 150 people attended the 4:30 p.m. session. There was another one at 6:30.

BARKER – A State Siting Committee may have the final vote on whether Apex Clean Energy can build 60 to 68 wind turbines in the towns of Yates and Somerset, but local residents will have plenty of opportunities to weigh in and influence the project, including having two members on the seven-member Siting Committee.

That’s what about 150 people were told on Wednesday during a presentation at Barker Fire Hall from the state Department of Public Service.

“This process is long and involved and there are many opportunities to effect this process,” said Andrea Cerbin, attorney for the Department of Public Service.

Andrew Davis outlines the Article X process for a crowd of 150 people Wednesday at the Barker Fire Hall.

Cerbin and Andrew Davis, a utilities specialist with DPS, discussed the Article 10 process for permitting and siting wind turbine projects in New York State that exceed 25 megawatts.

The companies proposing the projects need to work with the state and local governments on scoping documents that identify potential issues in 41 categories, including health and safety issues, state and local law compliance, wildlife and numerous other issues.

“The applicant has its work cut out for them,” Davis said while presenting the Article 10 process. “It’s a robust set of requirements that must be addressed in the application.”

Andrew Davis goes over the Article X process with a slide-show presentation at the fire hall.

Apex also needs to evaluate “any reasonable and available alternative locations,” Davis said.

Companies need to pay the state up to $350 per megawatt in the scoping phase to help cover the state and local government’s expenses in reviewing the proposals.

Apex Clean Energy of Virginia wants to build a wind energy project with 200 megawatts close to the Lake Ontario shoreline in the two towns. The company would need to provide up $70,000 to the governments in the scoping phase of the application.

If Apex clears those hurdles, it then has to provide up to $1,000 per megawatt in the application phase or up to $200,000. Those documents and studies would be subject hearings from an administrative law judge.

Residents distributed signs opposing the plan for 60 to 68 wind turbines in the two rural towns.

Right now, Apex is at the preliminary scoping statement phase of the project. The state requires a public involvement plan as part of the process. Apex held its third public meeting about the project on Wednesday.

Besides the two local representatives on the Siting Committee, the seven-member group is chaired by the state Department of Public Service and includes the leaders of four other state departments: Department of Environmental Conservation, NYSERDA (New York State Energy Research and Development Authority), Empire State Development and the Department of Health.

The Apex project differs from many other wind turbine farms in that it is spread over two counties. It’s turbines are also taller than most other ones currently in operation. The Apex turbines would peak at up to 570 feet at the top of the blade. That’s about 150 feet higher than many of the turbines in Wyoming County.

Wes Bradley, a Yates town councilman, said each town – Yates and Somerset – should have a representative on the Siting Committee.

“My township needs representation and the other township needs representation,” Bradley said.

Wes Bradley, a Yates town councilman, said both Yates and Somerset should have a voice on the State Siting Committee.

Cerbin, the DPS attorney, agreed that “is a good concern,” but she said the State Senate and State Assembly leaders, as well as Gov. Cuomo will have the final say. The local communities can submit names of potential committee members.

During the meeting at Barker Fire Hall, several residents said they didn’t like the process with so much power given to the State Siting Committee and they didn’t understand why the state would entertain the project with the Somerset power plant and nearby hydropower in Lewiston.

“Why do we need these wind turbines?” one resident asked.

Davis said Apex has submitted a proposal and now the Public Service Commission needs insist the rules are followed and a host of potential impacts considered during the review process.

Some residents said the local community should have the majority of the votes on the Siting Committee, not 2 out of 7.

“We are a minority,” a resident told Davis, who responded, “That’s the math.”

John Riggi is president of Save Ontario Shores, which opposes the wind energy project in the two towns.

Many residents have banded together to form Save Ontario Shores, an opposition group to the turbine project. John Riggi, the group’s president, said the community should have the power to reject the turbines.

But Davis said the Siting Committee will make that decision, with local input.

“The municipality can not prevent the Siting Board from giving a certificate,” Davis said.

Residents are welcome to submit written comments throughout the process to the secretary of the Siting Committee: secretary@dps.ny.gov, by mail at Honorable Kathleen Burgess, NYS Siting Board, 3 Empire State Plaza, Albany NY 12223-1350, or by phone (800) 355-2120. The case number is 14-F-0485.

70-degree day proves a delight

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

Photo by Tom Rivers

ALBION – The temperature topped 70 degrees today, melting lots of snow and giving residents a welcome break from recent days that peaked in the 20s and 30s.

The top photo shows the silos at Poverty Hills Farm, a dairy farm on West Countyhouse Road owned by the Neal family. This picture was taken on Wednesday at dusk.

The high temperature is forecast for 56 on Friday, followed by highs of 37 on Saturday and 36 on Sunday, according to the National Weather Service.

DOT sets April 22 as target date to have Albion bridge open

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

Photos by Tom Rivers
ALBION – Workers from L.C. Whitford in Wellsville repair the cover plates on the bottom of the Main Street lift bridge in Albion this afternoon.

The bridge has been closed since March 25 for repairs. Besides working on the cover plates, L.C. Whitford is fixing the floor beams and replacing some of the stringers on the bridge.

Two years ago most of the stringers were replaced. The current project will replace ones that weren’t changed in 2013.

“The road salt just wreaks havoc on these old bridges,” said Scott Sullivan, the DOT engineer in charge of the project.

The pits on the north and south sides of the bridge from 1911 also need work. Those pits hold the counter-weights that are used to move the bridge up and down. The lifting frame on the south pit will be upgraded and the beam on the north side pit will be fixed as part of the repair effort.

Sullivan said the DOT wants to have the work done by April 22, when the historic Erie Canal begins to be filled for its 191st season.

Orleans Hub turns 2 today

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

Photo by Cheryl Wertman – Albion head coach Brennan Meakin is hugged by assistant coach Tim Archer as the players run out on to the court to celebrate a 65-57 win over Maryvale on March 7, giving the Albion boys basketball team its first Sectional title in 43 years. Orleans Hub has been busy covering the community since the site went live on April 2, 2013.

ALBION – Two years ago Orleans Hub started as an on-line news site, committed to covering Orleans County, highlighting successes and challenges in the community.

The site continues to grow, adding readers and advertisers. (We set a new record in March with a daily average of 7,000 unique visitors, up from the 6,780-average in February.)

Last year, we had 6.1 million pageviews, up from the 2.8 million in the first year. We posted 2,265 news articles between April 2, 2014 and April 1, 2015, and 1,135 sports articles during that time frame.

We also posted 6,400 photos, 90 letters to the editor, and lots of other community news, including obituaries, police blotter and local achievers. We have 7,800 followers on social media.

The Orleans Hub operates under Lake Country Media, which also owns the Lake Country Pennysaver. Karen Sawicz is the publisher of the Pennysaver and Orleans Hub.

The following were named Orleans Hub’s Outstanding Citizens for 2014. The group includes, front row, from left: Melissa Ierlan of Clarendon, president of the Clarendon Historical Society; State Assemblyman Steve Hawley; and Jim Hancock, Parade of Lights organizer in Medina. Back row: Erik and Marlene Seielstad, leaders of the 4-H Robotics and Legos program; Kim Corcoran, leader of the Kendall Lawn Chair Ladies; Al Capurso, pioneer enthusiast; and Bilal Huzair, leader of a food dispersal program in Medina.

We’ve tried to report the news and offer some commentary on local issues. We are pleased one of the Hub editorials – pressing local governments to seek more Aid and Incentives to Municipalities – has been formally endorsed by many of the local villages, towns and the County Legislature. They have passed resolutions for the state to provide a fair funding formula for AIM.

Hub readers can expect this site to continue to push that issue and many others in a county where residents pay some of the highest taxes in the country as a percentage of home values. We also continue to rank near the bottom in the state in visitor spending and sales tax per capita (We need to shop locally). Our health statistics are among the worst in the state, and we have high concentrations of poverty, especially in the villages.

We will continue to highlight these challenges, and also feature the many positives of the community, mainly the residents who are committed to solving some of these problems and who contribute in other ways to building a stronger community.

It was an honor to have a recognition ceremony on Feb. 4 when we presented “Person of the Year” awards to local volunteer firefighters. We also honored “Outstanding Citizens,” a tradition we hope to continue for years to come.

Ortt takes heat from gun rights group for supporting state budget

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

Photo by Tom Rivers – Rob Ortt speaks at a gun rights rally in Albion on Sept. 8.

Rob Ortt made fighting the SAFE Act a rallying cry while he was campaigning for State Senate last year.

Ortt was elected to his first term in November. He voted for his first state budget on Tuesday and his “yes” vote has angered Second Amendment Rights advocates because the budget includes money to enforce the SAFE Act.

“Words cannot fully describe how infuriated I am with your budget vote,” Mattie Zarpentine, New York Revolution Regional Director, writes to Ortt today.

Zarpentine, in her letter to Ortt, said he has met with members of SCOPE and issued many statements about opposition to the SAFE Act.

“Now, we have this disaster of a budget of which you say you are ‘pleased with the finished product,'” Zarpentine said in her letter.

“Mr. Ortt, you lied to your constituents. More importantly, and shamefully, you violated the Constitution by voting to fund the unconstitutional SAFE Act in both the capital projects bill and state operations bill,” said Zarpentine of Holley.

Ortt acknowledged the criticism in a Facebook post today, explaining his decision to support the budget.

“As a new State Senator, my first piece of legislation was signing on to a bill to repeal the SAFE Act,” Ortt writes. “In this budget, the Senate eliminated $7 million in the executive budget that was dedicated to establishing a pistol registration database. I am currently signed on to seven bills to roll back or outright repeal the SAFE Act, because as I’ve said, the SAFE Act was an unconstitutional infringement upon the constitutional rights of law-abiding citizens. I’m a combat veteran who fought for our rights abroad and I intend to defend them here at home as well.

“I disagree with the sentiment that we should have shut down government and defunded State Police, counterterrorism, and emergency services. The effects of such a drastic action would have been incomprehensible. I simply wasn’t willing to put people’s lives at risk in order to score political points with the governor.

“I will continue to fight the Governor and liberal New York City efforts to take away our guns and restrict our rights. There’s currently legislation to require gunowners to be tested. There’s a serious push to force ineffective micro-stamping requirements onto manufacturers and gunowners. And there are several bill mandating storage, which will financially burden gun owners while threatening their family’s safety. There’s even a bill that adds to the CoBIS ballistics database – the same CoBIS database that the state abandoned three years ago! These are the measures that the Governor and Assembly are trying to get passed. So in addition to fighting to repeal the SAFE Act, we need to also remain focused on these – and similar – dangerous pieces of legislation.”

Zarpentine, in her letter, said she would encourage other candidates to run against the Republican state senators who voted for the budget.

“You not only lied to the people in writing, but also in person…face-to-face,” Zarpentine writes to Ortt. “You, and the Senate, have done nothing but further entrench the distrust of politicians and Albany politics. I was active in encouraging people to be a part of the process – to vote and engage with their lawmakers. I no longer know what to tell people other than to start looking for candidates to run against those who betrayed us.”

Top 10 stories from Orleans Hub’s second year

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

Closing of Brown’s Berry Patch’s retail operation is most viewed

Photo by Tom Rivers – Brown’s Berry Patch announced on March 3 it would close its retail operation, a popular site along Route 18 in Carlton for about three decades.

ALBION – The top story in Orleans Hub’s second year was about a farm shutting down its retail operation. Brown’s Berry Patch announced on March 3 it would close its ice cream stand, gift shop and popular playground.

The story went viral on social media across Western New York. It was the most viewed story in Orleans Hub’s second year with 23,585 “clicks.” That popularity is indicative of Brown’s Berry Patch’s reach in the region. The site on Route 18 in Waterport has won numerous awards as an agri-tourism draw.

Bob and Deborah Brown are retiring from the business. The Browns will continue the fruit farm that has been in the family for more than 200 years.

Only one other time has Orleans Hub had a story break the 10,000 mark. “A love story until the very end” also topped 10,000 clicks and was a world-wide phenomenon. The story featured Ed and Floreen Hale and their 60-year marriage. That story on Feb. 16, 2014 had to be taken off our server because it was so popular and kept crashing our system.

Here are the top 10 stories in Orleans Hub’s second year:

1. Brown’s Berry Patch will close retail operation

2. Father of 12 leaves legacy of love in Medina

3. Crooked Door closes in Albion

4. Firefighters battle to put out blaze in Carlton

5. Friends raise funds for funeral of 22-year-old Albion man

6. Man arrested after manhunt in Holley

7. Teen dies in apparent accidental shooting

8. Bear is spotted in Kendall

9. Albion doctor has license revoked

10. Doctor says billing irregularities at Medina hospital

Dispatcher, chief deputy seek to succeed Hess as sheriff

By Tom Rivers, Editor Posted 2 April 2015 at 12:00 am

ALBION – Two long-time employees at the Orleans County Sheriff’s Department are vying to be the next sheriff.

Scott Hess, Orleans County’s sheriff for nearly 12 years, will retire after Dec. 31, ending a 31-year career in law enforcement.

Chief Deputy Tom Drennan and Randy Bower, a public safety dispatcher, are both meeting with Town Republican Committees around the county, seeking their support for their campaigns. The full county GOP Committee will meet on May 7 to make an endorsement.

The sheriff oversees the criminal investigations, the road patrol, marine patrol, jail, dispatch, animal control and a civil division. There are about 100 employees in the Sheriff’s Department.

Governor details controversial teacher evaluations, education reforms

Staff Reports Posted 1 April 2015 at 12:00 am

Staff Reports

ALBANY – The new $142 bllion state budget includes a $1.3 billion increase in state aid to school districts, for $23.5 billion in total education funding.

Gov. Andrew Cuomo was successful in tying the funding increase to a new system for evaluating teachers.

“When it comes to education, the budget we approved will transform our school system in comprehensive ways,” Cuomo said in a statement issued this morning. “The reforms we have included will move us to an education system that rewards results, addresses challenges and demands accountability.

“That’s why I tied a landmark 6 percent increase in new school spending – raising state funding of schools to a record-high $23.5 billion in this year’s budget – to vital reforms, including improvements to the systems for teacher evaluation, certification and preparation as well as providing new authority to improve failing schools.

“This year we are finally ensuring that New York’s education system will be about the students it is intended to serve, instead of just perpetuating a bureaucracy.

“I described the budget I first proposed just two months ago as an Opportunity Agenda. The importance of education reform that we fought to include in this year’s budget shows that we believe there is no greater path to opportunity than a good education.”

Cuomo’s office issued the following press release about some of the education changes:

Education Transformation Act of 2015

New York’s education system is set to implement some of its most dramatic and fundamental reforms in years through the Education Transformation Act. The budget includes the governor’s proposal for an increase of $1.3 billion in state education support to take education funding to its highest level ever – $23.5 billion.

The components of the transformation are as follows, :

1. Best and Brightest Recruitment: To attract our best and brightest to the teaching field, the Budget provides funding for a new full scholarship program for SUNY/CUNY for top students who commit to teach in New York for five years.

2. Graduate Education Program Accreditation: The first statewide, uniform admissions standards for teacher preparation programs will be established, and SED will have enhanced authority to close programs that fail to prepare students for the teaching profession.

3. Teacher “Bar” Exam / CTE: The State currently requires teachers to pass a teacher “bar” exam – and will now also require teachers to complete 100 hours of continuing education and recertify every five years or lose their licenses.

4. Teacher Evaluation System: A redesigned teacher evaluation system will be established whereby educators are rated in two categories, student performance and teacher observations.

Student Performance – Districts will use a standardized state measure, or may choose to use a state-designed supplemental assessment.

If a teacher receives an Ineffective rating in the state measure subcomponent, the teacher cannot be rated Effective or Highly Effective overall.

If a local district chooses to use a state-designed supplemental assessment and the teacher is Ineffective when both subcomponents are combined, the teacher must be rated Ineffective overall.

The state allocates weights for this category and its subcomponents.

Teacher Observations – This category must contain two subcomponents: principal observations and independent observations. Peer observations may be included at the discretion of the Commissioner.

If a teacher receives an Ineffective rating in the teacher observation category, the teacher cannot be rated Effective or Highly Effective overall.

The state allocates weights for this category and its subcomponents.

Teachers will be evaluated based on a four point scale. In regulations, the Commissioner shall set scoring bands, cut scores and weights, and the Commissioner must have the system put in place by June 30, 2015. Local districts must put evaluations in place by November 15, 2015, in order to be eligible for increased aid.

5. Reduce Student Testing: The Chancellor of the Board of Regents will outline to the Governor and Legislature recommendations by June 1, 2015 on how to decrease the overall amount of state and local testing, improve test quality, and reduce test-related stress and anxiety.

6. Tenure = Performance: The Education Transformation Act of 2015 reforms tenure so that it is based on performance and is not simply a function of time.

The probationary period will be extended to a minimum of four years with no automatic right to tenure at any point.

A teacher will have to be rated Effective or Highly Effective in at least three of four years to be eligible to receive tenure. If a teacher does not meet this threshold, he or she can be terminated or the district may extend the probationary period.

7. Bonuses & Promotions: A bonus of up to $20,000 will be provided to teachers who are top performers, and promotion opportunities will be tied to the evaluation system.

8. Teacher Removal:

For Ineffective teachers: Statewide, all hearings will be heard before a single officer rather than a panel. Local districts will be able to use new expedited removal proceedings for teachers with two consecutive Ineffective ratings, and will be required to do so for teachers with three consecutive Ineffective ratings.

For misconduct: Teachers accused of physical or sexual abuse will be suspended without pay and the hearing process will be expedited. Teachers convicted of violent felonies with a child victim will automatically lose their certifications.

9. Failing Schools:

Failing schools will be required to have a state-approved improvement plan in place with student achievement metrics and goals. If a failing school does not show demonstrable improvement at the end of one year, the school will go into receivership. During that year, either the Superintendent or the Chancellor will be vested with the increased powers of a receiver.

The receiver will have the power to hire and fire staff and restructure the school.

$75 million will be available to help failing schools improve.

Continued Pre-K Investment: The new state budget includes $365 million to continue our $1.5 billion commitment over five years for full-day 4-year old Pre-K.

Expanding Pre-K for 3-Year Olds and in High-Needs Districts: In addition, studies show that 3-year olds enrolled in high-quality programs make some of the largest gains in cognitive and behavioral skills. This budget invests an additional $30 million to expand Pre-K for 3 and 4 year-olds in high-needs districts.

Orleans, Niagara counties pleased with state Broadband initiative

Staff Reports Posted 1 April 2015 at 12:00 am

ALBION – The Niagara-Orleans Regional Alliance is very supportive of Governor Cuomo’s $500 million initiative to bring broadband access to the entire state.

This is a problem that both of the counties have been working diligently on for the past three years, said Orleans County Legislator Lynne Johnson, who is the lead county representative on the alliance.

Presently, both Niagara and Orleans counties have approximately 50 percent broadband coverage, NORA officials said.

Recognizing that the lack of broadband availability hampers business and educational development, NORA has taken the initiative to survey broadband coverage and identify vertical assets as first steps in bringing countywide broadband to the area.

Orleans County representatives were heartened with the visit of David Salway, director of the NYS Broadband Program Office, to the county last week, said David Callard, chairman of the Orleans County Legislature.

At that conference Salway heard the need for expanded coverage for rural businesses and residents.

In June, Johnson and Callard will be attending a broadband conference in Albany along with Niagara County Legislator David Godfrey.

Hawley votes against state budget

Staff Reports Posted 1 April 2015 at 12:00 am

Sen. Ortt sees positives with increased school aid

The $142 billion state budget passed the State Legislature, with the Assembly approving the final budget bills at 3 this morning.

State Assemblyman Steve Hawley, R-Batavia, issued this statement about why he opposed the budget.

“I cannot, in good conscience, support a budget that allows the state to have power over the needs of individual school districts and classrooms. The education component of the budget gives the State Department of Education (SED) too much latitude in implementing the teacher evaluation system.

“We should have included teacher groups and school administrators in these decisions instead of leaving it up to bureaucrats and armchair educators. Furthermore, this budget makes no mention of exceptions for special education teachers’ evaluations, whose students will likely struggle with Common Core testing, and we will likely see a large number of students score poorly on Common Core Assessments.

“I cannot support budget measures which include funding for the SAFE Act. The Capital Projects and State Operations budget bills appropriate millions to be used for the SAFE Act database and personnel. It is unfortunate that good legislation is often tainted with politically-advantageous appropriations. I refuse to vote for legislation that funds an irresponsible and shameful measure that was passed in the middle of the night without public input or adequate time for discussion and debate.”

State Sen. Robert Ortt, R-North Tonawanda, represents a district that includes Orleans County. He issued this statement on Tuesday about the education portion of the budget, which passed the State Senate.

“This budget increases state education aid by over $1.4 billion across the state to bring total state education spending in my district to over $457 million – well beyond the levels that the governor proposed,” Ortt said. “It eliminates most of the disastrous Gap Elimination Adjustment, which will save our local schools nearly $18 million. We’re helping our students by reducing over-testing and protecting our kids by removing convicted, violent offenders from the classroom.”

“I also think it was important to take a stand against some of the governor’s more extreme proposals like basing teacher performance evaluations 50 percent on testing, or refusing necessary funding increases without dramatic overhauls of the system. Ultimately, evaluations will be left to the professionals at the State Education Department and the Board of Regents, who will then implement evaluations on a district by district basis.

“It was also critical to fight back against a New York City agenda that wanted to provide taxpayer tuition assistance to illegal immigrants, while so many hard-working New York families struggle to put themselves or their children through college.”