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Plan would save Troutburg developers more than $200K in taxes

By Tom Rivers, Editor Posted 8 January 2014 at 12:00 am

KENDALL – A proposed tax abatement plan would save a company more than $200,000 in property taxes over the next decade as it works to develop The Cottages at Troutburg.

The Orleans Economic Development has crafted a 10-year tax savings plan for the 126-acre former Salvation Army site in the northeast corner of Kendall along Lake Ontario. The plan only applies to the land. Any new seasonal cottages will be taxed at 80 percent of their value.

The land is currently assessed at $1,305,200. The EDA will have a public hearing 9 a.m. Jan. 15 at the Kendall Town Hall for a tax abatement plan or PILOT (payment in lieu of taxes).

The EDA is proposing the Wegman Group not pay any taxes on the land for the first year and then pay incremental 10 percent increases in taxes until it is at 100 percent after 10 years.

The plan would save the company $41,414 the first year, according to Orleans Hub calculations. (I multiplied the $1,305,200 assessed value by a $31.73 tax rate. The rates in Kendall include $17.21 for the school district, $10.09 for the county and $4.43 for the town.)

That loss in revenue would be absorbed by other residents. The company would pay about $4,145 in the PILOT the second year with $4,145 increases added the following years until it is as the full $41,414. Orleans Hub calculated the plan would save the Wegman Group $227,791 over 10 years.

The EDA typically works out PILOTs to reduce the tax burden for companies when they are in the early stages of projects. The deals typically help companies with their cash flow so they can get their projects off the ground in the early capital-intensive stages.

The Wegman Group has about 10 cottages under construction. The company believes 400 cottages could be built at the site over the next decade, increasing the site’s assessed value by about $25 million.

To offset the loss in the taxes for the land through the PILOT, the Wegman Group would need about 25 of the new cottages to be built. That assumes they are assessed for $60,000 with the town then discounting them by 20 percent due to their seasonal status.

The site historically didn’t generate any tax income for the community because it was tax exempt under the Salvation Army.

The PILOT plan isn’t final. Residents and local officials will have a chance to weigh in on the plan during the public hearing on Jan. 15.

Albion boxer: ‘I learned to punch and not be afraid’

By Tom Rivers, Editor Posted 8 January 2014 at 12:00 am

Nick Platt will fight in Saturday’s ‘Battle of Batavia’

Photo by Tom Rivers – Nick Platt took up boxing about a year ago and has lost more than 50 pounds. His father Doug Platt is his coach. They train at Phoenix Fitness in Albion.

ALBION – A year ago Nick Platt was 15 when he tried boxing for the first time. Within 20 seconds, he was punched in the face and his nose was bleeding.

Platt didn’t quit. In fact, he has embraced the sport, dropping more than 50 pounds the past year through exercise, training and an improved diet.

Platt, a Kent resident, won his first sanctioned fight last Saturday in Jamestown. He will compete this Saturday in the “Battle of Batavia,” bouts that feature kickboxing.

Nick brings a 1-1 record into his bout. He lost his debut in September when Nick said he was far too timid.

“I learned to punch and not be afraid,” he said this evening at Phoenix Fitness, where he trains with about a half dozen other regulars in the Charisma Boxing Club.

David Gates is the owner of the club and Phoenix Fitness. He also is one of the coaches. Nick’s father Doug Platt also coaches the boxers and has them running at least twice a week to build their endurance. They train at least two other days a week.

Nick was about 200 pounds a year ago. He’s now down to 148.

“I was short and fat,” he said. “I wasn’t active. I ate unhealthy and I never worked out.”

Nick is on the short side for his weight class. But he holds his own.

“He has good defense and relentless pressure,” his father said.

Nick and his father said the sport is safe. The boxers wear padded head gear, mouth guards and padded gloves. Doctors are at all of the bouts and perform physicals before and after the fights.

Nick will be in a three-round bout at Saturday’s kickboxing event at the Clarion in Batavia. The fights start at 6:30 and tickets are available at the door.

Doug Platt, marathon runner and former boxer, would like to see Albion host a boxing event in the future. He is encouraged by the growing number of participants in the Charisma Boxing Club.

“We’d like to see it become one of the premiere boxing clubs in Western New York,” Platt said.

The club has three coaches with John Weber also working with the athletes.

Nick expects to fight regularly at events throughout Upstate New York. He wants to compete in the Junior Olympics in February in Niagara Falls.

He tried baseball and other local youth sports, but he said it wasn’t until he tried boxing, even after that initial bloody nose, that he enjoyed a sport.

Now the junior at Albion is highly motivated, running 4 miles and putting 2-plus hours in the gym.

“It takes a lot of endurance to get hit and to fight for three rounds,” he said.

Man admits selling drugs with mother

By Tom Rivers, Editor Posted 8 January 2014 at 12:00 am

ALBION – A 26-year-old man pleaded guilty in Orleans County Court to helping his mother sell hydrocodone and acetaminophen, a narcotics combination.

Josh Nichols could face up to 2 ½ years in state prison after pleading guilty on Monday to criminal possession of a controlled substance in the fifth degree. The judge may decide against state prison and could sentence Nichols to up to a year in the county jail or a lesser sentence.

Judge James Punch will sentence Nichols on March 24 at 2 p.m.

Nichols told the judge he collected money for the hydrocodone combination for his mother, Theresa Nichols. Her son had the drugs on a porch in Albion at 209 North Main St. and directed the buyer to the product.

Theresa Nichols last month pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Nichols, 51, could face up to four years in state prison for selling hydrocodone and other prescription narcotics. She will be sentenced on Feb. 24.

Another one of her sons, David Nichols, also pleaded guilty on Dec. 16 to criminal possession of a controlled substance in the fifth degree. Nichols, 28, admitted to trying to sell prescription narcotics that were rolled into cigarettes.

He could face 1 ½ to 4 years in state prison as a second-felony offender. He will be sentenced on Feb. 10.

In other cases in County Court:

• Kenneth Vanduzer, 25, of Rochester pleaded guilty to petty larceny. He was originally charged with third-degree grand larceny after he took his truck from Orleans Ford in Medina following $11,000 in repairs he didn’t pay for in November 2012.

The charge was reduced after Vanduzer paid restitution. He has no prior criminal history.

• Syed Baity, 19, of 221 Commercial St. in Medina was sentenced to 1 to 3 years in state prison after he violated probation in June 2013.

Baity and two other teen-agers were in a stolen vehicle when they were involved in a high-speed chase in Batavia with city police. Baity was charged with fourth-degree criminal possession of stolen property, second-degree obstructing governmental administration and unlawful possession of marijuana.

Judge Punch recommended shock camp for Baity’s incarceration.

• Alexander Gelo, 22, of Brockport pleaded guilty to criminal possession of a controlled substance in the fifth degree. He could be sentenced to up to six months in jail and five years probation for selling cocaine in Murray on Dec. 1, 2012. He will be sentenced on March 24.

• Jorge Villanueva-Ledesma, 34, of Zig Zag Road pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was among 13 people arrested on various drug and immigration charges in June after an eight-month, multi-agency investigation into the sale of drugs in the Albion area.

Villanueva-Ledesma could be sentenced to up to 2 ½ years in state prison on March 24.

Publio Barcenas, 52, of Zig Zag Road also was charged in that investigation. He pleaded guilty on Monday to seventh-degree criminal possession of a controlled substance and could be sentenced to up to a year in jail.

Albion closes school today

By Tom Rivers, Editor Posted 7 January 2014 at 5:25 am

All five school districts aren’t open amidst storm

Albion Central School is closed today due to the bitter cold and snowstorm. District officials made the call early this morning.

All five school districts in the county are closed. Holley, Kendall, Lyndonville and Medina all announced on Monday they were closing today. Gov. Andrew Cuomo has declared Orleans and 13 other counties as under a state of emergency due to the storm.

Albion grad will perform at Super Bowl with Syracuse Marching Band

By Tom Rivers, Editor Posted 7 January 2014 at 12:00 am

Photos courtesy of Nicole Gramlich – Nicole Gramlich, a former drum major for the Albion marching band, is the trombone section leader for the Syracuse Marching Band. She is pictured at Yankee Stadium for last year’s Pinstripe Bowl.

SYRACUSE – An Albion native will be on the field for the Super Bowl on Feb. 2 in what is typically the country’s most-watched television event.

Nicole Gramlich, 19, will join the 200-member Syracuse Marching Band for a pregame show at the MetLife Stadium outside New York City.

Gramlich is a sophomore at Syracuse, majoring in child and family studies. She is on a pre-med track. Despite a busy course load, she has made time for marching band and also the Sour Sitrus Society, a student-run band that performs at Syracuse basketball games.

Gramlich has traveled to several big cities with the marching band, including Houston, Texas for Syracuse’s bowl game last month at Reliant Stadium.

“I had no idea I would be able to travel so much with the band,” said Gramlich, who is the trombone section leader.

Nicole Gramlich, right, said she has made many close friends through the Syracuse Marching Band.

The former drum major at Albion needed to learn a new technique for marching band at Syracuse because it is a field band with choreography. Syracuse has a national reputation for its band. The group will join with the Rutgers band for the pregame show at the Super Bowl.

Gramlich said the Syracuse band is “extremely excited” to be a part of the Super Bowl.

With the Sour Sitrus Society she is in the front row at basketball games, helping to create an energetic atmosphere for one of the country’s top college basketball teams.

She said the band is a close-kit group.

“If I wasn’t in the band I wouldn’t have met some of my best friends,” she said. “I just love band so much. It’s given me so many opportunities.”

Leading local merchants were part of Rotary 55 years ago

Posted 7 January 2014 at 12:00 am

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By Bill Lattin
Orleans County Historian

ALBION – This picture taken of the Albion Rotary Club in 1959 or 1960 is a literal Who’s Who of local business men at the time. Although I knew most of these men, my thanks goes out to Brad Shelp for help identifying several faces in the photo.

Front row, from left: Bill Monacelli, teacher/mayor; Don Nesbitt, farmer; Charles Martina, theater owner; unidentified; Harlan Harvey; Wells Harrison, car dealer; Jacob Schanels, Hunt Canning Factory; Dr. Bob Raemsch, veterinarian; Guido Monacelli, food store; Dr. Thomas Orlando, dentist; and George Brunelle, insurance agency.

Second row: Hon. Charles Signor, county judge; Charles Byrne, Birdseye Lab; Franklin Cropsey, attorney; Stanley Landauer, dry goods; Richard Fenton, Bemis Bag; Bill Snowden, Firestone Store; Sidney Eddy, printing; Dr. James Parke, MD; Bob Babbitt, hardware; and Ed Archbald, farmer.

Third row: Brad Shelp, car agency; Neal Beach; Winton Hatch, Department of Labor; Thomas Heard Jr., Marine Bank; R.E. Greenlee, Hunts; Carl Bergerson, Albion Central School superintendent; Roland Kast, service station; Dr. John Ellis, MD; and Dr. John Jackson, dentist.

Fourth row: Bob Root, insurance; Thomas McNall, furniture/funeral director; Arthur (Dick) Eddy, printing; Richard Hollenbeck; “Skip” Landauer, dry goods; George LaMont, farmer; Richard Bloom, insurance; Bill Host, school administrator; Albert Raymond, insurance agent; Francis Blake Jr., cold storage.

Fifth row: Lee Morneau, Liptons; Lee Maine, lumber company; Leonard Depzinski, sign painter; Daniel Marquart, appliance store; Homer Marple, furniture; Ray Severns, auto sales; Sam Shelp, auto agency.

Sixth row: Roy Merrill, funeral home; Gordon Gardner, pharmacist; Walter Martin; James Lonergan, journalist; Henry Keeler, construction; Carlton Wilkinson, electrical store; John Merrill, funeral director; Harold Farnsworth; Rev. Earle Hamlin; Frank Sachali, produce; and Rev. Jack Hillary Smith.

Inset: Homer Luttenton, who was sick at the time.

Years ago the Rotary Club met for lunch at the Presbyterian Church and then later at the United Methodist Church. It was an easy walk across the street to gather on the front steps of the Orleans County Courthouse when this photo was taken. The Albion Rotary Club was founded on April 20, 1922 with 21 charter members who adopted the constitution of Rotary International.

(Editor’s note: The Rotary Club now meets every Thursday for lunch at The Village Inn. Women were excluded from Rotary until a Supreme Court ruling in 1987 opened service clubs to women. Today, about 40 percent of the Albion Club’s membership is women. Brad Shelp remains part of the club today. He has perfect attendance for more than 50 years.)

Orleans County Court is closed today

By Tom Rivers, Editor Posted 7 January 2014 at 12:00 am

ALBION – Orleans County Court is closed today. The Office of Court Administration has closed all County, Supreme and Family Courts in Western New York due to today’s bitter cold.

In addition, the Alzheimer’s Association WNY Chapter is closed today due to the plunging temperatures and nasty wind chill. Those needing help can reach a trained professional for confidential guidance at 1.800.272.3900.

Orleans unemployment rated fifth highest in NYS

By Tom Rivers, Editor Posted 7 January 2014 at 12:00 am

Orleans County cut its unemployment rate from 10.2 percent in November 2012 to 8.5 percent this past November. Despite that progress, Orleans still has the fifth highest unemployment rate in the state.

Bronx County led the state with an 11.2 percent rate, followed by Jefferson at 9.0, Kings at 8.7 percent and Hamilton at 8.5 percent.

The state’s unemployment rate decreased from 7.7 percent in October 2013 to 7.4 percent in November, the lowest level since January 2009, according to the New York State Department of Labor. The state’s economy added 4,300 private sector jobs, raising New York State’s private sector job count to 7,493,500 – another all-time high, according to the DOL.

The unemployment rate in Orleans remains persistently high, especially compared to nearby rural counties. In the GLOW region, Genesee has the lowest rate at 6.1 percent, followed by Livingston at 6.4 and Wyoming at 7.1 percent.

The counties in New York with the lowest unemployment rates include Tompkins at 4.4, Putnam at 5.0, Nassau at 5.1, Saratoga at 5.2, and Rockland at 5.3 percent.

No trouble on the roadways in Orleans

By Tom Rivers, Editor Posted 7 January 2014 at 12:00 am

Orleans County is escaping the brunt of a winter storm that is unleashing blizzard-like conditions on nearby counties.

While Genesee, Erie and Wyoming are being pummeled with snow, harsh wind and a bitter wind chill, Orleans so far is mostly afflicted by the cold temperatures.

“There hasn’t been any trouble in Orleans County,” a dispatcher said at about noon. “The roads are clear although it’s blowing over in some spots. It’s just business as usual.”

All five school districts closed today with a wind chill forecast at about 30 below zero.

Genesee County is getting hammered with snow, on top of the cold and wind. That county has issued its first travel ban since 1977 when the Blizzard of ’77 hit.

Potholes proliferate in punishing winter

By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am

Photos by Tom Rivers

Motorists in Orleans County and Western New York are getting a jolting ride this winter as potholes proliferate due to the freeze-and-thaw cycle of the winter.

These two photos show pavement with chunks missing on Route 31 near the driveway that leads to the County Administration Building. This week’s weather promises more punishment for the local, county and state roads.

New Albion town supervisor, board members begin terms

By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am
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Photos by Tom Rivers – A new year brings a new team to the Albion Town Board, led by Matt Passarell, center, the new town supervisor. The board held its organizational meeting tonight. The group includes, from left: Councilman Dan Poprawski, Councilman Richard Remley, Passarell, Deputy Town Supervisor Jake Olles, Councilman Todd Sargent and Town Clerk Sarah Basinait, in front. Remley and Sargent are both new to the board.

ALBION – A new administration has officially begun in Albion Town Hall with former Town Councilman Matt Pasarell now the town’s top elected official as town supervisor. He is joined by two other newcomers on the Town Board: Richard Remley and Todd Sargent.

Two holdovers on the board – councilmen Dan Poprawski and Jake Olles – both have completed two years on the board. Previous Town Supervisor Dennis Stirk did not seek re-election, nor did Councilman Tim Neilans.

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Matt Passarell takes the oath of office as town supervisor with the oath adminstered by Town Justice Kevin Howard.

Passarell and Olles both ran for town supervisor and Passarell emerged as the victor in a very close race, 503 to 495. Passarell named Olles the deputy town supervisor tonight, a resolution supported by the full board.

Passarell said he wanted to extend the olive branch to Olles, and also recognize that Olles, a sergeant at Attica Correctional Facility, nearly won the election.

“We’ve had a lot of disagreements over the years but I think this is a good way to reach out,” said Passarell, who works in the quality department at Baxter Healthcare in Medina. Passarell, 34, also served in the Iraq War and is a past post commander for the VFW in Albion.

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Todd Sargent takes the oath with Town Justice Kevin Howard administering.

At tonight’s organizational meeting, when officials approve a list of appointments, it was smooth sailing except for the appointment of the town attorney. Passarell and Remley both favored bringing back John Gavenda, who served as town attorney until the Stirk-led board approved Robert Roberson of Lockport two years ago.

Roberson was paid $36,000 a year. Gavenda of Albion said he would do the job for $25,000. Poprawski, Olles and Sargent all said they wouldn’t support Gavenda in the position.

Remley and Passarell said they backed Gavenda but would be open to another attorney in Orleans County. Passarell tabled the resolution.

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Richard Remley is sworn in as town councilman.

“The cost was excessively high (with Roberson),” Passarell said. “We have plenty of options that are within the county.”

The board set the pay for elected officials with Highway Superintendent Jed Standish paid $53,740 plus $20,908 as water superintendent; Town Clerk Sarah Basinait will be paid $34,920 in that role plus $7,679 as water/sewer clerk and $3,000 as registrar of vital records; Town Justices Gary Moore and Kevin Howard will each be paid $16,480; the four town councilmen will be paid $3,704 with Passarell receiving $5,750 as town supervisor.

Some of the appointments include:

Cheryl Staines as historian, $450 a year; Phil McKenna as constable at $150 a year; Sarah Stirk as deputy town clerk at an hourly salary of $14.21; The Daily News of Batavia as official newspaper with the Lake Country Pennysaver of Albion as a supplement to publish town notices; First Niagara is the official depository of town funds; Todd Sargent will serve as fair housing officer; and employees will be reimbursed 56 cents a mile when using their own vehicles for town business.

The Town Planning Board members will be paid $600 a year with the chairman paid $1,000; The Zoning Board of Appeals members will be paid $250 a year with the chairman paid $350; Board of Assessment Review members shall be paid $175 for the year with the chairman getting $300.

The board’s regular monthly meetings will be the second Monday at 7 p.m.

Swallow Hollow loop partially closed

By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am

SHELBY – A popular nature trail is partially shut down after a tree fell, crushing a portion of the boardwalk at Swallow Hollow. The Iroquois Wildlife Refuge has closed a section of the 1.3-mile trail until the tree is removed and the boardwalk is repaired.

“Until the trail is cleared, visitors should stay away from the area and use the north side of the trail as an in and out walk,” said Paul Hess of the refuge. “We will try to have the entire trail back open as soon as possible.”

Cuomo declares state of emergency for WNY and northern NY

Posted 6 January 2014 at 12:00 am

Orleans among 14 counties in state declaration

Press release, Gov. Andrew Cuomo

Gov. Andrew M. Cuomo has declared a state of emergency as a major winter storm has moved from the Midwest into Western New York and the Tug Hill Plateau region of the State.

The State of Emergency includes Orleans County and the following counties: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston, Monroe, Oneida, Oswego, Wayne and Wyoming.

Earlier today the governor announced that parts of the New York State Thruway in WNY will be closed due to extreme winter weather conditions and he directed the State Emergency Operations Center to open at 8 p.m. based on the forecasted winter weather conditions in Buffalo and Western New York.

These actions were taken due to a severe winter weather event that is forecast to include 36 inches of snow in the coming day-and-a-half, lake effect snows in some areas up to four inches per hour, wind gusts up to 40 mph and wind chill temperatures as low as 40 degrees below zero. The Thruway in this area will be reopened when conditions allow.

A state of emergency mobilizes resources to local governments that otherwise are restricted to state use only and allows the governor to suspend laws and regulations that would impede rapid response.

The governor urged Western New Yorkers and residents in the Tug Hill Plateau region to avoid traveling and stay inside their homes until the worst of the storm has passed.

“As this new winter storm develops, bringing heavy snow and high winds, I strongly urge all citizens in these regions to exercise caution, avoid travel, and stay indoors,” Cuomo said. “To ensure an effective and rapid response to this winter storm, I am declaring a state of emergency, so resources can get to communities where they are needed as quickly as possible.”

Miller murder trial will start March 10

By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am
Frederick Miller

Miller

ALBION – The trial against accused murderer Frederick Miller of Carlton will begin March 10 with jury selection starting at 10 a.m.

Orleans County Court Judge James Punch set the schedule during a court appearance this afternoon by Miller. The trial was set to start on Jan. 13 but was pushed back to give Miller’s attorney time to file motions and arguments in the case.

Miller hired defense lawyer Robert King of Rochester on Dec. 7. For nearly nine months Miller was represented by the public defender.

King filed a motion about a search by police of Miller’s home following the March 4 murder, when Miller allegedly killed his girlfriend, Rachel Miller. Police did not have a search warrant. Punch said he will soon make a decision about the motions filed in the case.

Rachel Miller, 53, died of blunt force trauma combined with multiple stab wounds. The couple allegedly had a fight on March 4 at a home they shared on Oak Orchard River Road.

Frederick Miller has rejected a plea bargain for pleading guilty to second-degree murder. He would face a sentence of 15 years to life in state prison if he accepted that plea bargain.

His attorney told Judge Punch that Miller won’t accept a plea bargain and wants to take the case to trial.

Punch said there won’t be any more plea bargain discussions. The case is now on track for trial.

“Please do not come back to me and request a plea bargain while we are in session,” Punch said. “It’s done now at your request.”