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.”
By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am
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.
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.
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.
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.
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.”
By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am
Kendall man shot wife and set house on fire
ALBION – A Kendall man who shot his wife and set his house on fire was sentenced to 15 years in state prison today for second-degree attempted murder and third-degree arson.
Dennis Buehler, 64, is a sociopath who is profoundly self-centered, Orleans County Court Judge James Punch said during sentencing.
“You are an extremely evil person,” Punch told Buehler.
Buehler declined to speak during the sentencing. In court on Nov. 18, he said he shot his wife Linda with a shotgun on March 4.
“Your intent was to kill her?” Punch asked Buehler in court that day.
“Absolutely,” he replied.
After she was shot in the shoulder, Mrs. Buehler then fled the house, which Buehler then set on fire with propane. The house at 923 Peter Smith Rd. was destroyed by the blaze.
Buehler has told his attorney, public defender Sanford Church, that Mrs. Buehler psychologically abused him. Church said that in court today, but said Buehler chose not to use self defense for the crime.
District Attorney Joe Cardone said Buehler has shown no remorse for his criminal actions.
“This is a very violent individual,” Cardone said in court today. “This is a very self-centered individual.”
The DA said Buehler has “shown nothing but arrogance” through the whole court process.
“I frankly believe if given the opportunity he would do it again,” Cardone told the judge.
Buehler was sentenced to 15 years in state prison for second-degree attempted murder and five to 15 years for third-degree arson. The sentences will run concurrently, the length of the longest sentence.
“It’s frustrating I can’t sentence you to more,” Punch said.
By Tom Rivers, Editor Posted 6 January 2014 at 12:00 am
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.”
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.
By Tom Rivers, Editor Posted 5 January 2014 at 12:00 am
First County Legislature took office in 1980
ALBION – In 1980, the first Orleans County Legislature took office after the former Board of Supervisors was disbanded. The new Legislature included front row, from left: Francis S. Nayman, District No. 3 (Albion and Gaines); James Murphy, administrative assistant; Stanley Dudek, at-large (west); Uldine Juhrs, clerk; and Arthur Eddy, at large (central).
In Back: Frank Berger, District No. 2 (Ridgeway and Yates); Raymond Cook, District No. 1 (Shelby, Barre and Clarendon); Thomas Young, attorney; James Piedimonte, at-large (east); and Lyndon Billings, District No. 4 (Carlton, Kendall and Murray.)
For more than 150 years, Orleans County’s government was run by a board of town supervisors. Each of the 10 towns had a town supervisor who not only was the chief executive officer for each town, but also managed the affairs of the county government.
Not everyone thought that was the best way for a county government to function. The bigger towns – Ridgeway and Albion – have about two to three times the populations as the smaller towns in Barre, Kendall, Carlton and Clarendon.
A lawsuit was filed in the 1970s that sought to end the Board of Supervisors and switch to the County Legslature.
I believe the lawsuit contended the Board of Supervisors wasn’t fair to the bigger towns, because the votes from those supervisors counted the same as the votes for the supervisors from the smaller towns. Some counties have a weighted-voting system to account for the population differences.
After the lawsuit in the 1970s, the county created a new seven-member County Legislature. The new setup created four districts that were nearly the same in population, plus three county-wide positions. The system allows residents to vote on the majority of the Legislature every election cycle because they vote for their district representative and the three at-large seats.
The legislative chambers in the County Clerks’ Building includes the photos of each Legislature team since 1980. (There are also many photos of the Board of Supervisors.)
I’ve heard a lot of people say they liked the Board of Supervisors better because the town supervisors seemed more connected to residents and aware of the goings on in the community.
Others have said that form of government clearly favored the towns and left the villages at a disadvantage. I’ve also heard some complaints that some of the town supervisors didn’t bring a countywide approach to decisions at the county level. Sometimes they could be parochial, trying to serve their respective town rather than the county.
By Tom Rivers, Editor Posted 5 January 2014 at 12:00 am
Photo by Tom Rivers – Sledders have fun going down the hill at Bullard Park in Albion this afternoon when the temperature was in the mid-30s. The temperature will drop to bitter cold on Tuesday.
After a short respite from bitter cold temperatures, area residents will again be subjected to a deep freeze.
The National Weather Service has issued a wind chill warning for 6 p.m. Monday until 6 p.m. on Tuesday for both Orleans and Niagara counties.
On Tuesday, the high temperature is forecast at 6 degrees. The cold temperature combined with 25 to 35 mile per hour winds will have a wind chill as low as 35 below zero.
“Dangerously cold wind chills will pose a risk for frost bite and hypothermia for anyone outside for even very short periods of time,” NWS advised. “This is a life-threatening cold for those not in shelter.”
Those venturing outside are urged to use common sense and dress warmly.
Cheryl Wertman took these photos in Medina yesterday. More snow and cold is in the forecast this week. The top photo shows snow blowing off of Oak Orchard Elementary School.
The tank at Veterans Memorial Park is surrounded by a 20-foot-plus mound of snow plowed from clearing the parking lot.
Mike Beach sent this photo of the Medina Waterfalls in the snow-covered Oak Orchard gorge. The Oak Orchard Creek runs under the Erie Canal just west of the Horan Road canal bridge. The creek then drops in the waterfalls. Beach took this photo from the canal towpath.
Beach, an Albion resident, stops often to look at the waterfalls. Orleans Hub on Nov. 11 used a video that Beach took in the fall of kayakers going over the waterfalls. Click here to see that.
By Tom Rivers, Editor Posted 4 January 2014 at 12:00 am
Photos by Tom Rivers – Firefighters were on the scene in Barre for several hours in frigid temperatures last night.
BARRE The conditions at last night’s fire in Barre, temperatures at 2 degrees below zero, were brutal on local firefighters, who arrived at the scene at about 8 p.m. and didn’t leave until 1 a.m., Barre Fire Chief Jesse Babcock said.
“The firefighters did a heck of a job for the conditions,” Babcock said this morning.
The ground was slippery from the water on the road. Firefighters also had to keep water moving through the hoses so the lines wouldn’t freeze. Firefighters fought off the cold by trying to stay in constant motion.
The fire left a farmhouse at a total loss at 14665 East Barre Rd. Babcock said the fire started in the back corner of the house. The fire remains under investigation. A cause has not been declared yet.
Police and fire officials have not released the names of the house’s owner or the occupants. The Red Cross is assisting the family.
Barre was assisted by fire companies from Albion, Town of Batavia, Carlton, Clarendon, East Shelby, Elba, Fancher-Hulberton-Murray, Holley, Oakfield and Shelby.
