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.
By Tom Rivers, Editor Posted 23 September 2014 at 12:00 am
Nationally, Orleans ranks more in middle of pack
File photo by Tom Rivers – A study that measures household income, unemployment, obesity rates and other factors says Orleans County ranks in the bottom half of the country.
A study that looks at 3,135 counties across the United States puts Orleans County below average at 1,894 based on a ranking of quality of life issues.
However, when comparing counties in New York State, Orleans would be the sixth hardest to live out of 62 counties.
The report is based on ranking the median household income ($50,113 in Orleans), education or percentage of residents with at least a bachelor’s degree (15.8 percent in Orleans), unemployment rate (10.4 percent), disability rate (1.3 percent), life expectancy (78.3 years) and obesity (41 percent).
In New York state, five counties ranked worse than Orleans, including Fulton County (ranked 1,992), St. Lawrence (2,048), Oswego (2,052), Cattaraugus (2,064) and Montgomery (2,149).
In Montgomery, the median household income is $42,830, more than $7,000 less than in Orleans. Montgomery tops Orleans with a 16.1 percent college educate rate, ties with a 10.4 percent unemployment rate, has a higher disability rate (2.1 percent), a similar life expectancy at 78 years and a slightly lower obesity rate at 39 percent.
The upstate counties that are in the worse shape or considered the hardest places to live are a long ways from the bottom of the heap nationally. Consider Breathitt County in Kentucky, ranked 3,129 of 3,135 overall. That county has a median household income of 23,049, a college education rate of 10.2 percent, an 11.9 percent unemployment rate, 11.5 percent of adults on disability, a life expectancy of 71.4 and an obesity rate of 47 percent.
Six counties in the Appalachian Mountains of eastern Kentucky are among the 10 hardest places to live in the country, according to the report.
Six of the top 10 counties are in the suburbs of Washington, D.C. New York state has six counties in the top 200, including Tompkins at 170, Saratoga at 129, Westchester at 98, Rockland at 96, Putnam at 66 and Nassau at 63.
In 1929 these men stood in the world’s largest pie tin at the Orleans County Fair in Albion. The World’s Largest Pie (apple) was conceived by Charles Howard in order to promote the apple industry and visitation to the fair.
Pictured, from left, include: Howard Olds, superintendent of the Agriculture Society; Myron Babbitt, treasurer of the Agriculture Society; William McKenna, village trustee; the baker of the pie (not named); J.W. Cramer, village trustee; Daniel Hanley, Albion mayor; L.S. Higley, Orleans County sheriff; Fred Wolf; Eugene Mahoney, village clerk; and Warner Thompson, village treasurer.
The pie tin appears on rails where it was to be used in baking.
By Tom Rivers, Editor Posted 23 September 2014 at 12:00 am
File photos by Tom Rivers – Lance Anderson, president of the Lake Plains Players, portrays Jean Valjean in the production of Les Miserables. Anderson said playing Valjean, here shown as prisoner No. 24601, was a dream come true. Anderson has expanded the LPP’s number of productions, including a children’s theater camp over the summer.
BATAVIA – Three Orleans County community members will be recognized for their efforts to promote arts and culture in the county.
The Genesee-Orleans Regional Arts Council on Oct. 11 will present community arts awards to Jim Hancock of Medina, Michael Bonafede of Albion and Albion native Lance Anderson, who is president of the Lake Plains Players, a community theater organization.
Anderson has pushed the Lake Plains Players to put on more shows, including a youth theater camp this summer, culminating in the performance of 101 Dalmations. The group does its main theater show at the Roy-Hart school auditorium. The LPP also performed smaller shows at Leonard Oakes Estate Winery this year.
Anderson, a vocal teacher, played one of the lead roles – Jean Valjean – in the organization’s production of the ambitious show, Les Miserables. The LPP had 78 cast members in the epic production last October.
Michael Bonafede, chairman of the Albion Strawberry Festival Committee, plays the drums and leads a horse-drawn carriage with a replica of Abraham Lincoln’s coffin during the Strawberry Festival Parade in June. The coffin was on display as part of the 100th anniversary celebration for the Merrill-Grinnell Funeral Home.
GO ART! is giving an “Individual Award” to Bonafede, who has been chairman of the Strawberry Festival Committee for several years. Bonafede volunteers in leading a committee that puts on two days of entertainment the second weekend of June, including two venues for musicians besides the parade.
Bonafede also is a talented drummer who performed with the band Black Sheep in the mid-1970s. The band included Lou Gramm, who went on to be lead singer for Foreigner. Black Sheep recorded two albums for Capital Records and shared the stage with Kiss, Aerosmith, REO Speedwagon, and Hall and Oates.
Bonafede also served 16 years on the Albion Board of Education, including more than a decade as its president. He promoted the arts in the school district, which has won national recognition for its music program.
One of the fire trucks has a giant glowing Mickey Mouse at the back as it heads down Main Street through a big crowd in downtown Medina on Nov. 30 during last year’s Parade of Lights. Jim Hancock is the lead organizer of the parade, which is now in its sixth year.
He and his wife Judith Koehler also have been working to restore the Pratt Opera House in downtown Albion with a goal to make it a musical and performing arts venue.
GO ART! is also recognizing Hancock for his efforts in Medina. Since retiring as director of the Job Development Agency in Orleans County, Hancock has stepped up his volunteer efforts. He heads Medina’s Tourism Committee, which plans events, including concerts, and also makes sure the visitor center is staffed inside City Hall.
Hancock is the lead organizer of Medina’s parade of Lights the first Saturday after Thanksgiving, an event that draws a huge crowd to downtown Medina.
Medina Sandstone Society President Bob Waters, left, is pictured with Hall of Fame Committee members David Miller, Jim Hancock and John Slack during the HOF inaugural induction ceremony last Dec. 11.
He is active in the Medina Sandstone Society, and took the lead in establishing a Sandstone Hall of Fame last December inside City Hall. Hancock was part of the HOF Committee with David Miller and John Slack. The group wanted to promote community history and pride, showcasing some of the great structures from around the state made of the local stone.
GO ART! also will recognize Vinny Pastore of Genesee County, the Richmond Memorial Library in Batavia, Bill Hayes from Turnbull Heating & Air Conditioning, and Elba native Kimberly Buczek.
The 14th annual Genesee-Orleans Community Arts Awards Gala will be 6 p.m. on Oct. 11 at the Terry Hills Golf Course and Banquet Facility, 5122 Clinton Street Rd., Batavia. For more information, contact GO ART! at 585-343-9313.
By Tom Rivers, Editor Posted 22 September 2014 at 12:00 am
ALBION – The three-person local development corporation that was formed to sell the county-owned nursing home will meet Thursday for the first time since Feb. 6, the day the nursing home was sold to Comprehensive Healthcare Management Services LLC for $7.8 million.
The sale isn’t final until the state Department of Health gives the final OK. That is expected before Dec. 31, said Russell Martino, chairman of the Orleans County Health Facilities Corporation.
The County Legislature voted in 2012 to transfer the nursing home, The Villages of Orleans, to the Health Facilities Corporation. That group then worked with a firm, Marcus and Millichap’s National Senior Housing Group in Chicago, that specializes in nursing home sales.
The LDC board of Russell Martino, Richard DeCarlo Sr. and Richard Moy on Feb. 6 accepted the $7.8 million bid from of Comprehensive Healthcare Management Services LLC. That company also recently purchased three Catholic Health facilities in Buffalo.
The $7.8 million will more than offset the remaining debt following a renovation of the nursing home about five years ago. County officials also say the sale will relieve the county from taxpayer subsidies for the operating deficits at the site, deficits officials feared would grow to $2 million or more annually.
The public meeting Thursday will be at the at Health Department’s building, 14012 Route 31 West. The meeting starts at 1:30 p.m.
“This is just to catch up on where we are,” Martino said about the meeting.
By Tom Rivers, Editor Posted 22 September 2014 at 12:00 am
Photos by Tom Rivers
ALBION – Before the United States launched air strikes tonight against ISIS in Syria, a few people held a peaceful protest at the edge of the Courthouse Lawn near Main Street this afternoon.
Diana Dudley, top photo, holds up a sign stating her feelings about the military intervention.
Dennis Seekins also held a sign against the military involvement. Lee Richards (right), pastor of the Pullman Memorial Universalist Church and his wife Louise Wu also joined the demonstrators.
The U.S. military launched air strikes against the Islamic State in the northeastern Syrian city of Raqqa, the Islamic State’s self-declared capital. The U.S. was planning to attack as many as 20 Islamic State targets in the operation, according to the Associated Press.
By Tom Rivers, Editor Posted 22 September 2014 at 12:00 am
Photos by Tom Rivers – Brad MacDonald, vice president at Brunner International, accepts the “Business of the Year” award from Chamber Executive Director Kathy Blackburn and a citation from Barry Flansburg, a representative for State Assemblyman Steve Hawley.
Bruce Krenning of Albion was recognized for “Lifetime Achievement” for his years of volunteer service. Krenning is the current board chairman for Orleans Community Health and has served as vice president of New York Farm Bureau and on the Albion and Lyndonville boards of education.
GAINES – Some of Orleans County leading businesses and citizens were recognized during an awards dinner on Saturday, and several testified that they have overcome challenges to contribute to the local community.
Brunner International five years ago put on an addition only to have the economy be gripped in a recession. Brunner had to scale back from five days of three shifts a week to only one shift for three days a week.
Brunner weathered the recession, and is expanding again, with a new addition currently under construction. The company expects to grow from 390 employees to 450 that make axle shafts and brakes for the trucking industry. Brunner was named “Business of the Year” by the Orleans County Chamber of Commerce.
Brad MacDonald, the company vice president, said the award and expansion wouldn’t be possible without dedicated and skilled employees. Brunner faces competition in its industry from China and other countries with lower costs of doing business.
“There aren’t too many heavy manufacturers left in the United States,” MacDonald said. “We’re very proud to say we make a product that is American made.”
The Chamber recognized two residents with Lifetime Achievement Awards. Marcia Tuohey was a successful entrepreneur before she entered local politics and was the first woman elected to serve as Medina mayor and then the first woman elected to the Orleans County Legislature. She served 10 years as Legislature chairwoman.
Craig Tuohey, right, accepts the Lifetime Achievement Award with his brother Carl on behalf of their mother, Marcia Tuohey.
“She was a woman who never accepted that glass ceilings existed in the business or the political arena,” said her friend Gabrielle Barone, vice president of business development for the Orleans Economic Development Agency. “If she thought it existed she took a sledgehammer to it.”
Tuohey was 84 when she died at home on Aug. 7. She set a high standard in local government and in her businesses, Barone said, which included a construction company, rehabbing houses, a manufactured housing park and a restaurant.
“She was full of drive, dedication and determination,” Tuohey’s son Craig said Saturday during the awards dinner at Tillman’s Village Inn. “She loved this county.”
Bruce Krenning started a farming career after graduating from Cornell University. He was an orchard manager for George Lamont before Krenning started his own farm. Krenning Orchards was decimated by a hail storm on Labor Day in 1998. Krenning was forced to go out of business.
He had already served on the boards of education for Lyndonville and Albion. But after the storm and the loss of his business, Krenning said he wrestled with self worth.
“I thought after the hail storm that life was over and nobody would want me,” Krenning said. “But that’s not true. I’ve had opportunities with great boards.”
Krenning didn’t stay down long after the storm. He was elected vice president of the New York Farm Bureau, a state-wide organization with 30,000 members, and helped get crop insurance approved at the federal level for fruit and vegetable farms.
He is currently chairman of the board for Orleans Community Health/Medina Memorial Hospital. He will retire in a few months as an insurance agent with the Southcott Agency. He is active with the Orleans Renaissance Group and wants to help with the restoration of the Bent’s Opera House in Medina.
J.J. Heideman, owner of BAD-AsH-BBQ, accepts the award for “New Business of the Year.”
The Chamber also recognized J.J. Heideman as “New Business of the Year” for BAD-AsH-BBQ. Heideman has brought an innovative style to the food business, taking his food business on location. He has an “unstoppable work ethic,” the Chamber said.
Heideman thanked the community for its support. He dedicated the award to his mother.
“This is awesome,” he said. “I never dreamed it would come to this.”
A building that had been vacant for nearly a decade found new life the past year as Fairhaven Treasures. Ray and Linda Burke, owners of the building at the corner of routes 98 and 104, upgraded the house from 1834 with help from many volunteers. The Burkes were recognized with the “Phoenix Award.”
The site sells high-end crafts and art, and is available for concerts and other events.
The Chamber honored Precision Packaging Products in Holley for “Entrepreneurial Excellence.” The company has grown from 30 to 35 employees when it moved to Holley in 2003 to the current workforce of 115. It also has made many innovations in the plastic packaging market for food companies.
Greg Piedmonte, the purchasing manager for Precision Packaging Products, accepts the “Entrepreneurial Excellence” award on behalf of the Holley company.
Lake Ontario Fruit, a packing and storing facility on Ridge Road in Gaines, was recognized as “Agricultural Business of the Year.” The company has invested $7 million since 2008 in additions for storage and a new high-tech packing line. Lake Ontario Fruit packs 1.1 million bushels of fresh apples each year.
“We’re a vessel for the growers in Orleans County,” said John Russell, managing partner for the business. “This is one of the best apple-growing regions in the world. We’ll continue to invest in the county. We’ll continue to invest in our facility and we’ll continue to invest in the future of Orleans County agriculture.”
The Chamber also recognized two residents with community service awards. Anni Skowneski works as case manager for Community of Orleans & Genesee, assisting many families in crisis. She praised the Community Action team, including her boss Annette Finch and her predecessor Joni Dix for being great role models.
Ken DeRoller of Kendall was recognized for his years of service to the Kendall Lions Club, and his service on local Planning Boards, the Orleans Economic Development Agency and now as county legislator.
DeRoller said he always wanted to give back to the community, and he first did so as a volunteer firefighter. When that role became too physically taxing, he switched to service on the boards and through connecting with residents and other local officials.
“Orleans County is a great place to live,” he said. “I enjoy being here.”
Lisa Ireland, former executive director of the United Way of Orleans County, was given a special recognition award from the Chamber and its executive director Kathy Blackburn, right.
The Chamber also issued a surprise special recognition award to Lisa Ireland, the outgoing director of the United Way of Orleans County. She was the first director of the United Way when the eastern and western Orleans chapters merged about three years ago.
She also worked as executive director for the Genesee-Orleans Ministry of Concern and community relations director for Hospice of Orleans. She is leaving the United Way to work as director of donor relations and scholarships for the Rochester Institute of Technology.
“We consider ourselves lucky to work with such a powerful voice for our community,” said Kathy Blackburn, Chamber executive director.
Ireland said she agonized about taking the RIT job because she wants to stay invested in her home county. In her new role she wants to help more Orleans County residents have a shot at attending a prestigious college like RIT.
She thanked the business community for supporting the United Way, which directs money to 20 local agencies.
“We’re not a huge county, but we have huge hearts,” she said.
Press release, Orleans County Soil and Water Conservation District
ALBION – This past Saturday 15 volunteers from Orleans County participated in the American Littoral Society’s annual New York State Shoreline and Beach Cleanup.
These volunteers collected, recorded and removed more than 900 items of trash weighing 1,769 pounds from our local waterways over the course of three hours. That equates to more than 61 pounds per person.
The enthusiastic volunteers convened at 9 a.m. at Bullard Park for instructions and introductions before dispersing to assigned locations.
Groups tackled trash at locations along Lake Alice and the Erie Canal. At noon everyone reconvened back at Bullard Park to weigh the 17 bags of trash collected along with various items such as a rug and over 20 discarded tires.
Every item collected, down to the last cigarette butt, was recorded and categorized on data sheets that were then sent to the American Littoral Society for statistical analysis along with data submitted by all the groups participating across the country. This allows them to observe and track trends in sources of trash. In Orleans County, over half of the items collected were from food and beverage items.
Along with concerned citizens, volunteers participating in the cleanup represented 4-H and local high school students. This event was sponsored locally by the Orleans County Water Quality Coordinating Committee in conjunction with the Orleans County Soil & Water Conservation District.
By Tom Rivers, Editor Posted 22 September 2014 at 12:00 am
Photos by Tom Rivers – Molly, a 3-month-old black lab, snuggles with Abby Ferris, 6, who has epilepsy and suffers from unpredictable seizures. Molly will be trained to watch for the seizures and to alert Abby’s parents or an adult.
CARLTON – The seizures started with Abby Ferris was she was 2, often striking at night. In the four years since then she has had about 30 seizures. They are unpredictable.
Abby, now 6, has epilepsy. Her parents, Kristin and Todd Ferris, keep a watchful eye on her, afraid to keep her out of sight in case of a seizure. They don’t let Abby sleep alone or go play by herself for very long.
Abby should soon be able to have more independence because the family purchased a seizure response dog, a black lab named Molly. The dog is just 12 weeks old but has already begun some basic training. Molly will be trained to observe Abby for seizures. If Abby is having one, the dog will be trained to go paw at Mr. or Mrs. Ferris.
“I want her to be a normal kid to be able to sleep in her own bed and go play on her own,” Mrs. Ferris said.
Abby Ferris is pictured with her parents, Kristin and Todd Ferris, and Abby’s seizure response dog, Molly.
Abby is very much an active 6-year-old, dancing at Gotta Dance by Miss Amy, jumping on a trampoline and riding a Barbie Car in the backyard.
There is a good chance she will outgrow epilepsy, a neurological disorder. Her seizures can be long, often more than 5 minutes. The family has medication at home if there is an extended seizure.
Mr. Ferris is a long-time Carlton firefighter, a former chief who led the department for 8 years. If Abby has a seizure, he can administer her medication and then check her pupils, muscle strength and equalization – the strength of her left and right sides of the body. Mrs. Ferris also worked in a doctor’s office.
Abby drives her battery-charged Barbie car in her backyard in Carlton.
The couple has learned not to panic when their daughter has a seizure.
However, they said they feel always on alert that their daughter could lose consciousness from a seizure. It’s particularly worrisome at night if she were to have a seizure and vomit. If she were alone, she could choke to death.
“It’s a guessing game. It’s so unpredictable,” Mrs. Ferris said.
Molly, the seizure response dog, gives the family some peace of mind, as well as providing an energetic playmate for Abby.
The family is working with Laura Gates from Gates Dog Training in Ransomville to have Molly become a trained seizure response dog. That training could cost $5,000 to $7,000.
Abby Ferris enjoys jumping on the trampoline.
The family is teaming with the Orr family in Albion for a fund-raiser on Oct. 25 to help pay for the costs of medical dogs.
Tyler Orr, 9, has juvenile diabetes. He was diagnosed almost two years ago. He has unpredictable seizures. His medical dog will be trained to detect a drop or spike in blood sugar levels. Tyler was featured in an Orleans Hub article on Aug. 3: “Family seeks medical dog for son with diabetes.”
Iva McKenna and Country Lane Veterinary Services in Barre are organizing the spaghetti dinner and basket raffle. For more information about tickets or to donate a basket, call Country Lane at 589-9835.
By Tom Rivers, Editor Posted 22 September 2014 at 12:00 am
ALBION – A Rochester man who admitted he brought heroin to Albion last November with the intent to sell it was sentenced today to 5 years in state prison, plus three years of post-release supervision.
Terry Holmes, 32, pleaded guilty to attempted criminal possession of a controlled substance in the third degree. As a second felony offender, he faced a maximum 3 ½ to 9 years in state prison.
Holmes and another Rochester man were arrested in November after a vehicle stop at 167 South Main St.
In other cases in county court:
A Holley man admitted to aggravated unlicensed operation of a motor vehicle and driving under the influence of alcohol.
Enrique Fierro, 34, was charged on May 17 after a traffic stop at 1:30 a.m. on Route 31 in the town of Murray. He faces a maximum sentence of 1 1/3 to 4 years in state prison when he is sentenced on Dec. 1.
Melissa A. Warren, 28, admitted she had cocaine on March 5 with the intent to sell it. The former Albion resident now lives in Batavia.
She pleaded guilty to criminal possession of a controlled substance in the fifth degree and faces a maximum sentence of up to 2 ½ years in state prison when she is sentenced on Dec. 22.
Cheryl A. Poole, 51, of Carlton also pleaded guilty to criminal possession of a controlled substance in the fifth degree. She admitted she had prescription medication that was a controlled substance. She said she sold it from her home on March 13.
As a second felony offender she faces a maximum of 1 ½ to 4 years in state prison.
Stephen W. Miles, 51, admitted he had a prescription narcotic, tramadol, and intended to sell it on March 26 from his room in Albion at 175 North Main St., Room No. 12.
He pleaded guilty to CPCS in the 5th degree and faces a maximum sentence to 2 ½ years in state prison when he is sentenced on Dec. 22.
A Holley man was sentenced to jail for a year after violating probation. Chester Sherman, 55, was charged with felony driving while intoxicated in Genesee County in 2011.
He has failed to report to probation appointments, driven without a license, registered a motorcycle without telling probation and has been observed drinking alcohol, Orleans County Court Judge James Punch said.
Sherman will serve an intermittent sentence, reporting to the jail at 9 a.m. Sundays and leaving at 6 p.m. on Mondays for the next year.
