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Deputies, Sheriff’s employees get 2% raises

By Tom Rivers, Editor Posted 9 October 2013 at 12:00 am

Workers will pay higher deductibles, reducing county’s health insurance costs

ALBION – About 70 Orleans County employees in the Sheriff’s Department will receive 2 percent pay hikes annually over three years.

The workers will pay higher deductibles to their health insurance, which will reduce county health premium expenses, Chuck Nesbitt, the county chief administrative officer, said today.

The savings in health insurance, about $4,000 less for a family premium, will make the contract “cost neutral” for the county when the raises are factored in, Nesbitt said.

The contract runs from Jan. 1, 2013 to Dec. 31, 2015. The health insurance savings are expected to offset the raises in 2014 and likely in 2015, Nesbitt said today after the County Legislature approved two contracts.

One agreement includes 24 deputies while the other covers 47 workers – dispatchers, corrections officers and civilian clerks. Past county employee contracts generally only included recent or new hires with higher deductible plans. Now all employees, regardless of seniority, are in the higher-deductible plans, which is helping the county offset some of the rising health insurance premiums, Nesbitt said.

With the two agreements approved today, all county employees are now under contract until at least the end of 2014.

Waterport Trestle carried trains above the Oak Orchard River

By Tom Rivers, Editor Posted 8 October 2013 at 12:00 am

WATERPORT – Gary Fleckenstein was flying a plane in the late 1980s when he handed his camera to his passenger, Larry Grimes, who snapped the photo above of the Waterport Trestle and the power plant.

Fleckenstein sent the photo to Orleans Hub after today’s article about the stone pillars near the dam. (Click here to see that one.) I was at the dam yesterday and wondered about the row of stone supports. I figured it was for the trestle, but an old photo of the area showed a bridge nearby, so I wasn’t sure what the pillars held up.

Both the trestle and the bridge have been dismantled. Fleckenstein’s photo clearly shows a trestle stood near the Waterport Dam and power plant.

The trestle was removed about 20 years ago. He also sent along this photo he took of the trestle from the western end looking east/northeast. He notes the pylon foundations are clearly visible.

Fleckenstein says about a quarter-mile downstream are more bridge foundations that seem to predate the trestle. I’m going back down Friday with a guide to get more pictures of the remnants of these engineering works and important historical landmarks.

2 Medina teens appear in court for robbery, assault

By Tom Rivers, Editor Posted 8 October 2013 at 12:00 am

MEDINA – Two Medina teen-agers appeared in Orleans County Court for the first time on Monday for arraignments for second-degree assault, first-degree robbery, fourth-degree grand larceny and fourth-degree criminal possession of a weapon.

Justin M. Tillinghast and Brian T. Stachewicz, both 18, were committed to the county jail on $5,000 bail. Tillinghast was arraigned on Monday while Stachewicz’s arraignment was pushed back to Thursday until an attorney from the public defender’s office could be assigned to his case. The public defender was assigned to represent Tillinghast.

The two face numerous charges after allegedly firing plastic pellets from an airsoft gun at a victim, injuring that person. The two then allegedly robbed the victim. The alleged incident occurred on Aug. 28.

Tillinghast lives at 167 North St., and Stachewicz resides at 259 Horan Rd. Tillinghast is scheduled to next appear in court on Oct. 21.

If they post bail, County Court Judge James Punch ordered the two to not have any contact with each other.

Are massive stone pillars remnants from Ho-Jack era?

By Tom Rivers, Editor Posted 8 October 2013 at 12:00 am

Photos by Tom Rivers – Stone pillars next to the Oak Orchard River, in front of the Waterport Dam, were used to hold up something, either a bridge or the trestle for the railroad.

A beer can looks tiny compared to one of the stone pillars near the Waterport Dam.

CARLTON – My trip Sunday evening by the Waterport Dam was full of wonder, and not just because of the 30-pound Chinook salmon that were being caught.

The area by the dam includes a row of massive stone pillars. They held up something big back in the day. I’ve heard about the old Waterport trestle that was removed about 20 years ago. I assumed the trestle must have stood on these stone pillars.

But I saw an old postcard of Waterport online today and it appears the trestle wasn’t next to the dam. I think there was a bridge there and these pillars were used to support that span that crossed the Oak Orchard River. (I don’t have permission to use the image or I’d post it on Orleans Hub.)

If anyone has historic photos or more information about the trestle and the old bridge by the dam, please send them to me at tom@orleanshub.com or drop them off at the Pennysaver and we’ll scan them in. The address is 170 North Main Street.

The town of Carlton web site gives some background on the “Ho-Jack” Line, which opened in 1876 and carried freight until 1978. (Click here to see that write-up.)

The Waterport Dam was built between 1917 and 1919 and the hydroelectric power station opened in 1920. It continues to be in use today.

Attorney questions search warrant from June drug arrest

By Tom Rivers, Editor Posted 8 October 2013 at 12:00 am

ALBION – The attorney for a woman arrested in June on several drug charges told a judge the search warrant used was based on “stale” evidence.

Shirley Gorman, the attorney for Patricia Nava-Chavez, said law enforcement shouldn’t have searched her bedroom back in June when she was arrested along with seven other people, including her husband, Felix Onofre-Rojas. (Click here for a previous article.)

They lived in Albion at 14691 Zig-Zag Rd. Gorman said investigators observed Onofre-Rojas making drug sales from the location in December 2012 and February 2013. Another person also was witnessed making a drug sale from the house in November 2012, Gorman said in court on Monday.

However, by June 2013, when Albion Town Justice Gary Moore approved a search warrant for the entire house, Gorman said there was no probable cause to search Nava-Chavez’s bedroom. Gorman called the warrant “ambiguous.”

District Attorney Joseph Cardone said law enforcement reported there were 13 drug sales from that location. Onofre-Rojas, 61, admitted in court in August to selling cocaine from the site. He is to be sentenced Oct. 28 for a driving while intoxicated charge from May 4. He could face up to four years in state prison for that charge, his second DWI.

Police believe his wife Nava-Chavez, 44, was an accomplice in the drug sales, but Gorman told Judge Punch she wasn’t involved in that activity.

Punch said he would review the grand jury testimony and could schedule a hearing about whether evidence seized during the search of the house will be admissible.

Cardone also said there is surveillance video of the house that shows Nava-Chavez was involved in the drug sales.

Punch set a court date for 3 p.m. Oct. 21 to again discuss whether evidence from the search warrant can be used in court.

CSEA may appeal judge’s decision in nursing home lawsuit

By Tom Rivers, Editor Posted 8 October 2013 at 12:00 am

ALBION – A union representing employees at The Villages of Orleans, the county-owned nursing home, may appeal a judge’s decision last week.

James Punch, acting State Supreme Court justice, sided with the county in a lawsuit that alleged the Orleans County Legislature improperly formed a local development corporation for the purpose of the selling the 120-bed nursing home.

CSEA, the union representing about 130 county employees at the nursing home, is reviewing options and considering an appeal.

“We are disappointed that the judge found the claims in our legal action to be legislative or premature, but that does not mean that our claims are incorrect,” said Cindy Troy, president of the CSEA Orleans County unit. “We will not back down from our belief that the Legislature acted incorrectly, and that The Villages of Orleans must remain public and available to county residents.”

CSEA’s lawsuit sought to invalidate the Orleans County Legislature’s resolution to create the LDC and transfer ownership of The Villages to the LDC.

The union filed the lawsuit last summer on behalf of petitioners Jan Standish and Mary A. Lewis, two union members who work at The Villages and who have relatives living there.

This is the second time Judge Punch ruled in favor of the county in a legal challenge about the LDC formed to sell the nursing home.

“I feel that the judge has once again ruled wisely and justly,” David Callard, chairman of the Orleans County Legislature, said in a statement on Friday. “We felt confident that we had acted appropriately and legally and the court confirmed that.”

Four candidates – Gary Kent of Albion, Jack Gillman of Kendall, Gregory “Emil” Smith of Medina and Linda Rak of Lyndonville – have formed an independent “Save Our Nursing Home” party for the Nov. 5 election. They are challenging Republican-endorsed candidates.

Two other Democratic Party candidates, Fred Miller of Albion and Dave Schult of Waterport, also say they oppose selling the nursing home.

14 homeless after fire in Medina

By Tom Rivers, Editor Posted 8 October 2013 at 12:00 am

Photos by Tom Rivers – The fire at 108 Starr St. displaced 14 people who lived at the house. The Red Cross is working to locate temporary shelter for the residents.

MEDINA – A fire this afternoon on Starr Street has left 14 village residents, including seven children, homeless.

A fire call was reported at 4:53 p.m. when smoke was observed pouring out of four sides of the house. Firefighters were quickly on scene and had the fire under control in about a half hour. They doused flames in an upstairs bedroom and removed windows and vented the roof to let out trapped gases.

The house at 108 Starr St. is split into four apartments. It owned by Rosie Taylor of Lockport. She has three tenants, with one family renting two of the four apartments. Taylor has insurance and she said she will work to repair the house so it can be lived in again.

“I’m sorry about it but I won’t let it get me down,” Taylor said.

It took about a half hour for firefighters to have a fire under control at his four-unit apartment house at 108 Starr St.

Power has been out in the house since yesterday when tenants suspected the circuit was overloaded.

“It’s an old house with old electric,” said Robin Cheatham, one of the residents.

Her husband bought a new fuse today, but the house was on fire before it could be installed.

Medina firefighters and Orleans County fire investigators are looking at many possible causes of the fire, and didn’t want to speculate about the cause this evening.

Firefighter Steve Cooley said the blaze could have spread and caused more extensive damage. The house was built with a balloon frame style, which makes it easier for fire and smoke to spread between floors, he said.

“There are no fire stops,” Cooley said. “You could have a small fire and it travels between the walls.”

Orleans County Fire Investigator Walter Batt holds a charred electrical box that was retrieved from a house in Medina. Josh Wolck, a Medina firefighter, is next to Batt.

The fire was contained to one room, but there was extensive smoke damage throughout the house. Medina Code Enforcement Officer Martin Busch tagged the building after the fire and said it cannot be occupied until a new certificate of occupancy is secured.

The Red Cross is assisting the 14 residents with temporary shelter.

Medina Fire Department was assisted at the scene by firefighters from Shelby, Lyndonville and Ridgeway fire companies. In addition, Middleport, East Shelby, Albion and COVA were on standby at the Medina firehall.

Carlton man pleads guilty to sex crimes

By Tom Rivers, Editor Posted 7 October 2013 at 12:00 am

ALBION – A Carlton man pleaded guilty in Orleans County Court today to sexual contact with two under-age children and also possession of child pornography.

Timothy Shay, 49, pleaded guilty to two counts of sexual abuse in the second-degree. Each charge carries up to a year in jail, plus 10 years of Probation. The charge of possessing an obscene sexual performance by a child carries a sentence of 1 1/3 to 4 years in state prison.

Shay could receive consecutive sentences, which would increase his time behind bars, because he is being sentenced for three different crimes. He will be sentenced on Sept. 29.

In court today, he said had sexual contact with two different under-age girls in 2012. Shay first told Judge James Punch the contact was “accidental,” but then said he did it on purpose for his own gratification.

In other cases today, a Medina man pleaded guilty to attempted robbery in the third degree for an incident on March 15.

In court William Cruz, 41, said he punched a customer outside the VFW in Medina and then took $200 from the victim. He will be sentenced on Dec. 16 and could face up to a year in jail and five years on probation.

Cruz has been in jail on $100,000 bail. He has two prior felonies and nine misdemeanors.

An Albion man was arraigned on robbery. Morris M. Taylor, 23, of 239 East State St. allegedly was armed with a knife and robbed a pizza delivery person outside Mark’s Pizzeria in Albion on Feb. 28.

After the robbery, Taylor allegedly left the area with $300. Surveillance was used by law enforcement to locate Taylor in the town of Batavia, where he was taken into custody on May 28. He is out of jail on $2,000 cash bail.

Setting sail for Lake Ontario

By Tom Rivers, Editor Posted 7 October 2013 at 12:00 am

Bill and Marlee Diehl have been out 75 times so far this year

LAKE ONTARIO – Bill and Marlee Diehl were out on Lake Ontario for the 75th time on Sunday afternoon. This time they brought along my 7-year-old daughter and me.

I know the Diehls through the Albion Rotary Club. They are hard-working members of the club, taking on all kinds of thankless tasks.

It was nice to have a little getaway yesterday, and see the Point Breeze sites, including people fishing from the piers, from the vantage point of a boat.

Last year the Diehls got out 110 times. The weather was better for sailing in 2012. There were fewer choppy days. Yesterday was a choppy day. I was feeling a little seasick while my daughter calmly sat and munched on some snacks.

The Diehls are looking forward to having the harbor dredged. That is scheduled for next year. The Oak Orchard hasn’t been dredged in a decade, and some spots in the channel and near the break wall have filled with sand, causing some boats to get stuck. That happened to the Diehls before.

The couple lives on Archbald Road. They like the close-knit Point Breeze community. They greeted many of the other boaters while they passed each other on the river.

The Diehls only have about a week of sailing left before they put the boat away for the winter.

2 arrested in Albion for selling cocaine

Posted 7 October 2013 at 12:00 am

Press release, Orleans County Major Felony Crime Task Force

Turner

ALBION – A Rochester man and Brockport woman were both charged on Sunday after a month-long investigation into the sale and distribution of crack cocaine in the villages of Albion and Medina.

The Orleans County Major Felony Crime Task Force and the Albion Police Department conducted a vehicle stop on Mckinstry Street in Albion and arrested two people from Monroe County. Both were charged with several sale and possession charges.

Police seized a quantity of crack cocaine, powder cocaine, heroin, marijuana, some cash and drug paraphernalia.

The following were arrested:

Timothy J. Turner, 32, of 451 Mount Read Blvd., in Rochester, who was charged with two counts of criminal sale of a controlled substance in the third degree, and five counts of criminal possession of a controlled substance in the third degree.

Lutsch

Brigitte N. Lutsch, 20, of 53 Katherine Way, Brockport, who was charged with two counts of criminal possession of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the seventh degree.

Both subjects were arraigned in the Town of Albion Justice Court by Judge Gary Moore. Turner was committed to the Orleans County Jail on no bail, due to his previous criminal history. Turner is also currently under parole supervision with the State Department of Corrections and community supervision.

Lutsch was committed to the county jail on $5,000 cash bail or $10,000 bond. Both Turner and Lutsch are to return to town court at 9 a.m. on Friday.

This investigation is still ongoing and further charges and arrests are pending.

Medina couple opens Lakes Wines-N-Spirits

By Tom Rivers, Editor Posted 7 October 2013 at 12:00 am

Photo by Tom Rivers – Howard and Clara Lake last month opened a liquor store with wine and spirits at the corner of Park Avenue and Salt Works Road. The store has a grand opening celebration on Saturday with a wine tasting from 1 to 3 p.m.

MEDINA – Howard and Clara Lake see a business district growing on the west side of Medina, in the Park Avenue and Salt Works Road area. The couple is right in the heart of that area that includes several big manufacturing companies and other businesses.

In May 2012, the Lakes moved their computer business, C & H PC, from a building behind their house on Laurel Street to a bigger building at the corner of Park Avenue and Salt Works Road.

This spring they opened The Park Grille, a concessions stand that serves Sahlen’s hot dogs, black angus hamburgers, French fries and ice cream. That will be a seasonal operation from mid-May to Labor Day. It’s located right next to C & H PC.

The Lakes have added another business venture to the site. Last month they opened Lakes Wines-N-Spirits. The business includes wines, including many from the Finger Lakes and Niagara regions. There will be a grand opening this Saturday for the new store with wine tastings from 1 to 3 p.m.

“We’re right in the middle of a business district with a lot of businesses around us,” Mr. Lake said today at 11089 Park Ave.

Before the Lakes moved their computer business to the site, the building had been vacant for about a decade. They are now using two of the suites, with one still available. Mr. Lake, a former Medina mayor, wants to fill the other suite with another possible business venture in the future.

Lake, who is retired from the power plant in Somerset, said he likes putting the business projects together, and working with the public.

The liquor store is open seven days a week. The Lakes have added two part-time employees for the store.

Botello pleads not guilty to attempted murder of trooper

By Tom Rivers, Editor Posted 7 October 2013 at 12:00 am

Botello

ALBION – A Kendall resident accused of attempted murder of a state trooper pleaded not guilty to the crime when he was arraigned in Orleans County Court today by Judge James Punch.

Carlos J. Botello, 42, was charged with second-degree attempted murder of a state trooper following a traffic stop on Sept. 3. Botello was stopped by Trooper Dan Metz. Botello allegedly attempted to back over the trooper. Metz avoided being struck, but Borello smashed into a state police vehicle.

Botello then fled the scene by vehicle. Metz pursued the suspect until Botello entered into a farmer’s field and became disabled, police reported.

Punch said Botello’s bail would continue to be set at $2.5 million. Punch raised the bail from $250,000 to $2.5 million last month.

Punch today assigned Nathan Pace from the Public Defender’s Office to represent Botello, whose next scheduled court date will be 3 p.m. on Oct. 21.

Botello has allegedly twice attempted to harm law enforcement officers. The previous incident occurred in 1994 when Botello fired six rounds into the home of a deputy who lived in Kendall.

Field of hay and fog

By Tom Rivers, Editor Posted 6 October 2013 at 12:00 am

Photo by Tom Rivers

GAINES – It’s a foggy evening in Orleans County. This hay bale by Route 279 is visible close to the road, but the bales in the back start to fade from all the fog.

Highlights from Albion Homecoming

Staff Reports Posted 6 October 2013 at 12:00 am

School spirit soared during festive week

Photos by Michael Karcz – ALBION – Albion High School students capped off a festive Homecoming week with a high-energy pep rally on Friday, which included the Purple Eagle helping raise crowd fervor when the Albion cheerleaders performed their routine.

Junior Class President Aaron Burnside participates in a Dress-Up Race, one of the many competitions that occurred throughout the week. Participants had to dress up, run across the gym, and quickly pass on the clothes to another person to run back.

Albion crowned its Homecoming royalty during the pep rally. The group includes, from left: Kory Reynolds, lord and Nicole Eldred, lady; Grace McQueen, dutchess and Scott Daniels, duke; Justice Nauden, princess and Dominic DiCureia, prince; Samantha Gramlich, queen and Justyn Haines, king.

The Senior class tries its best to be the loudest of the four classes in a yelling competition.

Some Albion teachers perform a variation of the “Thriller” dance by Michael Jackson. They were led by Mrs. Val Pettit, who is shown in front.

A group of sophomore girls play tug of war against female teachers. The sophomore girls won that competition.

Albion sweeps Homecoming soccer games, Kendall improves to 11-0

Staff Reports Posted 6 October 2013 at 12:00 am

Photos by Cheryl Wertman – Albion’s Abby Squicciarini (6 )works the ball up field against Medina defender Hannah Adams (5). Squicciarini scored one of Albion’s six goals.

Albion boys and girls soccer both won their Homecoming games on Saturday, while Kendall boys edged rival Holley to improve to 11-0.

See the full sports report, including coverage of Holley’s football game, by clicking here to go to local sports.

Holley’s Tyler Chmylak (3) and Kendall’s Deandre Nauden (5) battle for control of the ball in a 2-1 game won by Kendall.