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Albion man faces multiple charges after crash in Clarendon

Posted 23 October 2013 at 12:00 am

Press release, Orleans County Sheriff Scott Hess

CLARENDON – An Albion man was sent to Orleans County Jail this afternoon following the investigation of an over-night crash in which the vehicle he was operating struck a building.

The incident was reported at about 6 this morning in the town of Clarendon at 15670 Mansfield Rd. Sometime during the night, a 2010 Hummer was travelling south on Hindsburg Road, towards the T-intersection with Mansfield Road.

Brandon D. Kirby, 26, was driving the vehicle. He crossed Mansfield Road, onto private property and struck the building owned by Acme Powerwashing Inc., of Holley. The operator fled the scene on foot at that time. The incident was reported after being discovered by an employee of the business.

Kirby, the sole occupant of the vehicle, was subsequently located approximately four hours later. He was charged with Aggravated Unlicensed Operation 2nd Degree, Operating a Vehicle Without an Ignition Inter-Lock Device, Leaving the Scene of a Property Damage Incident, and Failure to Stop for a Stop Sign.

Kirby appeared before Town of Clarendon Justice Richard Kemp and was committed to the county jail in lieu of $500 cash bail. A Parole Detainer was also placed against him.

The incident was investigated by Deputy J.A. DeFilipps and the arrest was handled by Deputy M.C. Mele. Investigator K.M. Strickland Jr. also assisted with the investigation, as did the NYS Department of Corrections and Community Supervision.

Orleans Pallet owner praises firefighters for containing blaze

By Tom Rivers, Editor Posted 23 October 2013 at 12:00 am

“I owe these guys a huge amount of gratitude. If this had spread it could have been tragic for the community.” – Shawn Malark, owner of Orleans Pallet


Photos by Tom Rivers – Shawn Malark said he is thankful the massive fire at his warehouse last Thursday didn’t cause more damage to neighboring structures. A demolition crew continues to work on taking down two remaining walls in the warehouse.

ALBION – Shawn Malark watched the fire take off on Thursday afternoon, a blaze that destroyed a 16,000-square-foot warehouse and threatened his business, Orleans Pallet.

Malark worried the fire might be unstoppable, and could consume his neighbors, Empire Coating Inc. and a grain storage facility on West Academy Street. He envisioned major disruptions for residents if there was a big explosion.

But about 150 firefighters contained the blaze to the stone warehouse that was built in 1901.

“The firefighters were huge,” Malark said at Orleans Pallet today, where the business continues to make pallets and ship them to customers. “I owe these guys a huge amount of gratitude. If this had spread it could have been tragic for the community.”

Orleans Pallet continues in a manufacturing site, in an adjacent building to the warehouse. The surviving building suffered water and smoke damage, but Malark and his six employees have worked long hours to keep the operation going.

“There have been no service interruptions,” Malark said. “We’ve been trying to assure our customers that we’re fully operational and we have inventory for every customer.”

Malark and Orleans Pallet have a larger site in Rochester on Lee Road. He lost the main warehouse in Albion due to the fire, but the manufacturing site has about 11,000 square feet. His equipment for breaking down old or damaged pallets and rebuilding them with fresh wood all survived the fire.

The office with his computers also was spared, and so were his forklifts and a lineup of about 10 tractor trailer trucks. Most of them were parked by the loading dock of the fire and they all escaped unscathed.

Orleans Pallet employees Andrew Steffen, left, and Robert Morehouse use a saw to break down some pallets that will be rebuilt with fresh pieces.

Malark is thankful so many critical components of the business survived, especially when they were only a few feet away from the fire. A building across the street had its siding melt because of the heat from the fire.

“Not losing any trailers was a huge blessing,” Malark said.

Some of those trailers were full of 500 to 600 pallets. A smaller sandstone building next to the warehouse also was spared from the fire. That building is used for storage.

Malark opened Orleans Pallet in Albion at the corner of Hamilton Street and Route 31 in 2006. He had worked from three buildings at the site and had plans to put a new roof on the big warehouse.

“We had big plans for the building,” Malark said. “It’s just devastating, but it’s one day at a time. It’s nothing you can conquer in one day.”

Demolition crews continue to dismantle two remaining walls from the warehouse. That building could be down this weekend or next week, Malark said.

Once the site is safe, he will work on cleaning it up. He wants to salvage the sandstone from the building. He said many people have already expressed an interest in buying the stone.

On Wednesday morning, he signed off on donating the Albion Cold Storage Company sign to the village. The stone sign from the building’s original owner split in half but survived the fire and demolition.

Malark thanked Albion Fire Chief Rocky Sidari, Police Chief Rollie Nenni, Dale Brooks from the DPW, Ron Vendetti in code enforcement and Mayor Dean Theodorakos. They have all been cooperative in coping with the fire and its aftermath. (Malark had to put up $35,000 for the demolition.)

“We had to take the building down because it was a threat to the community,” Malark said.

He remains very impressed with the teamwork from the firefighters. More than a dozen fire companies from four counties responded to the fire and Sidari, the Albion chief, led the effort.

“Had Rocky not got everyone going where they needed to be the other buildings would not have been saved,” Malark said. “These were volunteer people risking their lives to not only save this business but to look out for the community. The heart and soul of the community was present at this fire.”

NY caps ag assessment hikes at 2%

By Tom Rivers, Editor Posted 23 October 2013 at 12:00 am

Photo by Tom Rivers – Hay bales sit in a farm field on Route 279 in the town of Gaines.

The farm community is cheering legislation signed by Gov. Andrew Cuomo on Tuesday that caps assessments for agricultural land to no more than 2 percent increases annually.

Farmers have been vocal in recent years about their property taxes, which are the second highest in the country and more than triple the national average, according to New York Farm Bureau.

“The 2 percent agricultural assessment cap has long been a priority for New York Farm Bureau,” said Dean Norton, NYFB president. “It is a big step forward in reducing the increasing property tax burden that has limited our farmers’ ability to grow.”

Several agricultural groups pushed the state to enact a cap on ag assessments, including Farm Credit East, the New York Wine and Grape Foundation, the New York Apple Association, the New York Corn and Soybean Growers Association and the Northeast Dairy Producers Association.

“The 2 percent agricultural assessment cap is vital to preserving New York’s family farms,” said Dale Stein of Le Roy, a board member for the Dairy Producers. “Without this cap, tax costs will escalate to an unaffordable level for the farms and force many family farms out of business.”

State Sen. George Maziarz supported a cap on ag assessments. The Senate and Assembly both approved the legislation.

“We are striving to make it easier to keep farms in operation, and we can do that by preventing them from drowning in a tidal wave of new taxes,” Maziarz said.

Bed bugs called ‘huge problem’ in Albion and Orleans County

By Tom Rivers, Editor Posted 23 October 2013 at 12:00 am

Photo from Wikipedia – Bed bugs are typically active at night when people are sleeping. They feed on blood.

ALBION – They first attracted major notice a few years ago in New York City when bed bugs bit people at night, and infested many city hotels.

The tiny insects, about a quarter inch long, have spread throughout the state, including to Orleans County. A County Health Department official has told village trustee Eileen Banker there is a “huge problem” with bed bugs in the county, Banker said at tonight’s Village Board meeting.

The Health Department has offered to meet with village officials to discuss strategies for combating the pest. The bed bugs are active at night, biting people to feed on their blood.

Village officials and local landlords have been meeting with the Health Department for more than a year, advising tenants and residents on precautions to reduce their risk.

Code Enforcement Officer Ron Vendetti said he currently has 15 reported cases of bed bugs in the village. If an rental is infested and it’s vacant, landlords are responsible for treating the problem, Vendetti said.

He cautioned against putting the blame on landlords. Many of tenants and home owners bring bed bugs into their residences, Vendetti said. Children can bring them home from school or from a friend’s house. Adults can unknowingly bring them in after they return home.

Vendetti suspects some people introduce bed bugs to their homes when they pick up discarded furniture from along the road.

“It’s definitely an issue but it’s not something you want to start knee-jerking and passing things,” Vendetti told the Village Board.

Mayor Dean Theodorakos said he would invite a public health official to a village board meeting. Vendetti said he welcomes a partnership with the public health department on the problem, but he said it can’t be a village code enforcement issue primarily.

“I want to help, but I don’t want the whole ball of wax,” he said.

Prison for man who stole from church

By Tom Rivers, Editor Posted 22 October 2013 at 12:00 am

ALBION – An Albion man who broke into a church last January was sentenced to 1 to 3 years in state prison for attempted robbery in the third degree.

Michael G. Andre, 23, of West Park Street broke into the Presbyterian Church in Albion on Jan. 14. He broke a window in a locked church office and stole a laptop.

Andre was ordered to pay restitution over the next 18 months. He has several prior criminal offenses, District Attorney Joe Cardone said during the sentencing on Monday.

“Drugs have ruined your life,” County Court Judge James Punch told Andre. “You’re leaving a trail of victims.”


In another case in Albion, Judge Punch sentenced a woman who violated probation by using cocaine to a year in county jail.

Dawn M. Stachewicz, 41, of Albion pleaded guilty to the crime in August, when she also confessed to possessing drug paraphernalia, which also violated her probation.

Albion man gets 4 years in prison for brutal beating

By Tom Rivers, Editor Posted 22 October 2013 at 12:00 am

ALBION – An Albion man who went to a home late on night on Feb. 1 and brutally beat up a 59-year-old resident, causing severe injuries, was sentenced to four years in state prison on Monday.

Domingo E. Candelaria, 22, of 175 North Main St., was sentenced to four years in state prison and three years of post supervision. That was the maximum sentence possible as part of a plea deal in August.

Candelaria pleaded guilty to second-degree assault. Candelaria said he was heavily intoxicated when he “overreacted” on Feb. 1. He went to the victim’s home at 2 a.m. He was looking for the man’s son. Candelaria said the man’s father, Ronald Hubbard, answered the door.

Candelaria then punched him many times, including several blows when Hubbard was already down.

“You beat the heck out of this guy,” County Court Judge James Punch said during the sentencing. “He was doing nothing to deserve the beating you gave him.”

Hubbard was in the hospital for three weeks and has mild brain damage from the incident, District Attorney Joe Cardone said. Hubbard also continues to be plagued by headaches and is lethargic, Cardone said.

Candelaria and the man’s son had a dispute over a woman, police have said.

Medina man gets state prison for break-in, leading police on chase

By Tom Rivers, Editor Posted 22 October 2013 at 12:00 am

George Brown committed crimes with his children in truck

ALBION – A Medina resident was sentenced to 2 1/3 to 7 years in state prison on Monday after he stole a truck, threatened a gas station clerk and led police on a multi-county chase.

George Brown, 36, committed the crimes last December while his children were with him.

Orleans County Court Judge James Punch said Brown’s actions in front of his children likely traumatized them. The judge said the crimes were abusive to the children.

“I’m just really sorry for what I’ve done,” Brown said in court during his sentencing.

He broke into the Orleans Ford dealership on Dec. 15, stealing a truck and then threatening a clerk at a gas station. Brown then led Medina Police and state troopers on a multi-county pursuit with his two children. He was stopped after driving over spikes deployed by the Genesee County Sheriff’s Office.

He pleaded guilty in August to third-degree burglary and third-degree attempted robbery. He received 2 1/3 to 7 years for the burglary and 1 1/3 to 4 years for the attempted robbery. The sentences will run concurrently or at the same time.

The judge said Brown had been “snorting bath salts,” but that didn’t excuse his conduct.

“This is a crime that cries out for punishment,” Punch said.

Walk at Watt’s raises nearly $50K

By Tom Rivers, Editor Posted 22 October 2013 at 12:00 am

Photo by Tom Rivers

ALBION – The 9th annual Making Strides Against Breast Cancer Walk at Watt Farms raised about $47,000 with more donations expected to be tabulated.

About 800 participants walked through the orchards at Watt Farms on Sunday. The event has now raised about $275,000 over nine years for the American Cancer Society in Western New York.

New bus shelter gets formal welcome from officials

Posted 22 October 2013 at 12:00 am

Press release, RGRTA

ALBION – The Rochester Genesee Regional Transportation Authority and Orleans Transportation Service celebrated the installation of a new bus shelter on Monday at the corner of South Main Street and West Avenue in the village of Albion.

RGRTA CEO Bill Carpenter was joined by RGRTA Commissioner Henry Smith, Jr., Orleans County Legislature Chairman David Callard, OTS Manager Mike Patterson and Jake Olles, the Albion deputy town supervisor.

Other RGRTA executives include Director of Regional Operations Ray LeChase and Chief Operating Officer Daniele Coll-Gonzalez also attended the ribbon-cutting. RGRTA installed its first bus shelter for the county in August by the County Administration Building.

“OTS provides quality, convenient and affordable transportation to over 35,500 customers annually,” said Carpenter, the RGRTA leader. “By adding this new shelter and the one installed in August, we are reinforcing our commitment to modernize our infrastructure to ensure our customers will no longer have to wait for the bus in the rain and snow.”

The OTS bus stop serves the shelter on a fixed route 11 times per day.

Funding for the bus shelter in Orleans County totaled $15,000, and was provided by the Federal Transit Administration.

Mural celebrating canal’s widening unveiled in Brockport

By Tom Rivers, Editor Posted 22 October 2013 at 12:00 am

Albion native Stacey Kirby created the artwork

Photo courtesy of Stacey Kirby – The Brockport community on Saturday celebrated the installation and unveiling of a new 20- by 8-foot mural highlighting the Brockport community in 1914-1916 when the canal was widened. The mural is on the DPW Building at 38 East Ave.

BROCKPORT – A former nondescript building on East Avenue, the village of Brockport’s DPW garage, now displays a striking painting that highlights one of Brockport’s most ambitious public works projects: the widening the Erie Canal in 1914-1916.

Albion native Stacey Kirby created the mural that is 20 feet wide and 8 feet high. On Saturday, the artwork was dedicated.

Kirby referenced historic photos from the massive project in creating the mural. She incorporated the old technology of moving freight along the canal with mule-drawn boats with the new technology of the day, steam engines that powered the steam shovel in the painting.

She has a worker in the foreground holding a shovel. (Kirby took a photo of a barista at a coffee shop in Rochester as a model for the worker. She usually picks family and friends as her models in the murals.)

Kirby has two murals in Albion inside the Lyceum for the Catholic Church on Main Street.

After sentence to state prison, Tetrault damages court door

By Tom Rivers, Editor Posted 21 October 2013 at 12:00 am

ALBION – Robert W. Tetrault received a maximum sentence to 2 to 4 years in state prison today. He didn’t like the punishment.

He turned his back on Orleans County Court Judge James Punch when the sentencing was announced. Then when Tetrault was led out of court he kicked a door open, cracking the glass in a small window in the door. He will likely face criminal mischief charges for that, Punch said.

Tetrault, 32, of Albion was sentenced for attempted second-degree assault and third-degree attempted criminal possession of a weapon. He pleaded guilty to the crime on Aug. 19, and faced the possibility of a minimum sentence of 1 ½ to 3 years in state prison.

But Punch opted for the maximum sentence, citing “a random act of violence that makes no sense.”

Tetrault had a knife when he was fighting with his brother Chris Tetrault on May 23. Chris’s wife Wendy attempted to intervene in the fight and suffered “a severe laceration across her hand” from the knife, District Attorney Joe Cardone said in August when Tetrault pleaded guilty.

Tetrault’s attorney Nathan Pace said his client has worked through drug and alcohol counseling and had not been in trouble with the law since 2005.

Punch said the recklessness of the assault and Tetrault’s criminal history prompted the maximum sentence.

“You’re living by the craze year after year,” Punch said during the sentencing.

Canal mural in Albion was painted in 1939 as WPA project

By Tom Rivers, Editor Posted 21 October 2013 at 12:00 am

Artist Judson Smith painted a mural of a tugboat and canal scene inside the Albion Post Office in 1939.

ALBION – When the nation was gripped with the Great Depression in the 1930s, the federal government dispatched citizens for a series of paid public works projects.

One of those projects included building a new Post Office for Albion in 1937 at the southwest corner of the intersection of Main and East State streets. The building is listed on the National Register of Historic Places.

Two years after the building opened, with the economy still struggling, the federal government hired artist Judson Smith to paint a large mural inside the Post Office. Smith painted a scene of the canal village with tugboat passing under a lift bridge. The scene includes a farm, stores and a factory.

The mural remains in the post office, set up high over the door for the postmaster.

The mural portrays a generalized canal village with a lift bridge, farm, stores and a factory.

Demo of remaining 2 walls will proceed with great caution

By Tom Rivers, Editor Posted 21 October 2013 at 12:00 am

Photo by Tom Rivers

ALBION – Two of the remaining walls from an Orleans Pallet warehouse in Albion are still standing after a massive fire on Thursday.

A demolition crew is shown in this photo taken from Washington Street at about noon today. The demolition specialists are bringing boom lifts to Albion so people can remove pieces of the remaining corner walls by hand.

The demolition experts worry that pushing a section of the wall could cause the whole thing to topple, said Ron Vendetti, the village’s code enforcement officer.

“They’re going to try to limit the damage,” he said about the towering walls’ impact on other buildings very close nearby. The two standing walls have “significant cracks,” Vendetti said.

The Albion Environmental Group is the lead contractor on the demolition. Vendetti said he expected the boom lifts would be on site this afternoon and the demolition would soon start on the two remaining walls.

Demo resumes on old warehouse

By Tom Rivers, Editor Posted 21 October 2013 at 12:00 am
102113_demo1

Photo by Tom Rivers

ALBION – A worker was up high on a boom lift at about 2 p.m. today, dismantling some of the Medina sandstone in the corner of where a side wall joined the back wall of the former Albion Cold Storage Company, which burned in a massive fire on Thursday.

Two of the walls of the structure used by Orleans Pallet were removed on Friday. The remaining two walls will be a more delicate takedown, with the corner pieces removed by hand to reduce the risk of the walls toppling and damaging some of the neighboring structures.

102113_demo2

Photo by Tom Rivers

Judge says no deal for bank robber

By Tom Rivers, Editor Posted 21 October 2013 at 12:00 am

Punch wants psychiatric evaluation for Rothmund

Jeremy Rothmund

Rothmund in his July mugshot

ALBION – A Rochester man confessed in court today that he robbed the Bank of America in Albion on July 2, showing up at the bank wearing a mask and threatening a clerk with a bomb that later was discovered to be fake.

Jeremy Rothmund, 30, admitted the crime as part of a plea deal that would reduce his sentence from a maximum of 20 years in state prison to no more than 15 years.

However, County Court Judge James Punch, after listening to Rothmund, said he couldn’t accept the plea without a psychiatric evaluation for Rothmund, who also confessed in court to robbing two banks in the town of Greece.

Rothmund is being held in a psychiatric facility after attempting suicide in the Orleans County Jail earlier this month. Rothmund on Oct. 16 also injured a corrections officer in the county jail. He hasn’t been charged yet with that crime.

Punch told Rothmund a plea deal for the bank robbery wouldn’t include all of Rothmund’s other crimes.

“You’re not getting a blank check for everything you ever did,” Punch told him.

Rothmund hasn’t been diagnosed with mental health issues, nor is he taking any medications, he told Judge Punch in court today. But Rothmund said he feels stress from the “proceedings” – being in jail and facing a lengthy prison sentence.

In court, he said his girlfriend, Elyse A. Hoffer, didn’t know he was robbing banks. Rothmund said he told her to park behind the Freeze-Dry building on Route 31 near the railroad tracks while he went to buy drugs.

Rothmund returned with a bag full of $18,000. He said he told Huffer to drive fast out of town. (The two were later stopped and arrested in Holley after a resident identified them in Albion and called the police.)

Punch questioned Rothmund about the claim that Huffer didn’t know she was driving the getaway car from a robbery. Rothmund told the judge she didn’t know beforehand if he was robbing a bank, but she later realized it.

Punch said the plea offer was made with the premise that Rothmund was unaided in the robberies. But the judge said Huffer clearly assisted Rothmund, even if she was “tricked.”

Punch ordered the psychiatric evaluation for Rothmund, who is due back in court at 2 p.m. on Nov. 18.