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Miller murder trial likely will be pushed back

By Tom Rivers, Editor Posted 16 December 2013 at 12:00 am

ALBION – The trial against accused murderer Frederick Miller likely won’t start on Jan. 13 after Miller’s attorney said he wanted more time to file motions and arguments in the case.

Defense lawyer Robert King of Rochester said he intends to file a motion about a search by police of Miller’s home following the March 4 murder, when Miller allegedly killed his girlfriend. Police did not have a search warrant, King told County Court Judge James Punch in court today.

Rachel Miller died of blunt force trauma combined with multiple stab wounds.

King was hired by Miller on Dec. 7, about five weeks before the trial was set to start.

Punch said the issue of not having a warrant should be argued before the trial. He gave King two weeks to file that and any other motions in the case. The District Attorney’s Office will then have two weeks to respond.

“This is going to take us off the trial track,” Punch said in court.

He set 2 p.m. on Jan. 6 as the date for King and the DA’s office to argue motions in court. Punch said Miller and his attorney should have their motions heard – before the trial, even if it means a slight delay.

“If the trial (went forward on Jan. 13) the case would be reversed on appeal, so we’re not going to do that,” Punch said.

King, in court today, also said Miller is “not inclined” to accept an offer from DA Joe Cardone to plead guilty to second-degree murder and face a sentence of 15 years to life in state prison.

Driver in Murray accident is in guarded condition

By Tom Rivers, Editor Posted 16 December 2013 at 12:00 am

MURRAY – The driver in an accident on Friday night in Murray is in guarded condition at Strong Memorial Hospital this morning, the hospital reported.

Scott A. Kuhn, 44, of Holley was travelling east on Lynch Road at about 7 p.m. on Friday when he lost control on a slippery road.

The vehicle flipped, struck a tree and impaled itself on the shorn off pine tree, coming to rest almost perpendicular to the ground. Kuhn was trapped in the wreckage for about 2 hours and 20 minutes before being extricated by firefighters. He was then flown to Strong Memorial Hospital in Rochester by Mercy Flight helicopter.

It was bitterly cold on Friday night with the temperature at 15 degrees. Kuhn’s two daughters, ages 12 and 13, were also treated for minor injuries.

Kuhn wasn’t drinking alcohol, Undersheriff Steve Smith said.

“He was probably going too fast over the railroad tracks,” Smith said. “It was the slippery conditions combined with imprudent speed.”

For previous articles on the Murray accident, click here and here.

Albion football player named ‘Trench Award’ finalist

By Tom Rivers, Editor Posted 16 December 2013 at 12:00 am

Steven Stauss named one on WNY’s top lineman

Steven Stauss, an offensive and defensive lineman for the Albion football team, appeared on the cover of the Sept. 5 Section 6 Upstate Football Weekly.

ALBION – Steven Stauss, the 300-pound anchor of the Albion offensive and defensive lines, has been named one of the top 10 lineman in Western New York.

Stauss was named one of 10 Trench Award finalists during a banquet last week at the Lancaster Elks Club. Stauss was part of a select group that was narrowed from more than 100 nominations.

“It’s nice there are awards for the lineman,” Stauss said about the unglamorous position.

He was a leader on the Albion team that finished 4-4 this past year. The offensive line helped pave the way for running back Ed Wolfe to rush for 1,081 yards and touchdowns on the season.

Stauss was picked as a first team all-star for B-North Division. Stauss had 78 tackles on the season, including three sacks and a fumble recovery.

He plans to play football and major in business in college. He has narrowed his choices to three schools: New Hampshire University, Bucknell University in Lewisburg, Pa., and Wagner University in Staten Island. He expects to announce his decision in early February.

Stauss has been an active student at Albion, including in the drama department. He has the role of the Lion in the drama department’s upcoming spring musical of “The Wiz,” which is based on The Wizard of Oz. He had the lead role of Captain Georg von Trapp in “The Sound of Music.”

$200K will match beautification efforts for Medina buildings

By Tom Rivers, Editor Posted 16 December 2013 at 12:00 am

File photo by Tom Rivers – This home at 204 West Center St., Medina, was one of 17 houses in the village to receive matching funds for improvements through a grant administered by the Orleans County Chamber of Commerce. The $200,000 grant also provided money to 11 businesses for façade and sign upgrades. The Chamber is accepting applications for a new round of projects.

MEDINA – Contractors worked on 28 properties in Medina this past year, giving them new coats of paint and making other beautification improvements as part of $200,000 in matching grants.

An anonymous equity group provided the funding for the grant program, which was administered by the Orleans County Chamber of Commerce.

The Chamber is pleased to announce the anonymous funder wants to offer another round of $200,000 in grants.

“It’s just been amazing,” said Kathy Blackburn, Chamber executive director. “We are thrilled with the work that has been done. It’s encouraged others to work on their properties as well.”

The grant in its first year funded projects at 17 homes and 11 businesses. The Chamber is accepting applications for the new round. The money is available on “a first come, first served” basis, Blackburn said.

The grants are capped at a $20,000 maximum per property. The program is limited to sites within the village of Medina.

Eligible projects include exterior painting; woodwork and architectural metal repair, cleaning, restoration, painting or replacement; masonry repairs and tuck pointing; window and door repairs or replacement; cornice or parapet projects; awning work; and exterior lighting fixtures.

The projects are all reviewed by the Chamber’s Façade Grant Review Committee.

To see the application on the Chamber website, click here.

Be wary with alcohol at office parties

Posted 16 December 2013 at 12:00 am


By Nola Goodrich-Kresse, Public Health Educator for the Orleans County Health Department

For some folks, the holidays bring thoughts of office parties, family gatherings and other social gatherings. This may be a time of renewing friendships, relaxing with family, new friends or enjoying down time with co-workers.

The problem generally comes when alcohol is added to the mix. Many people don’t think about the consequences of drinking alcohol until it is too late.

Studies have shown that holiday drinking tends to fuel bad behavior. Most people link alcohol and parties with drunk driving only, but mixing alcohol with various social activities has also been known to increase inappropriate text messages, sexual antics and other inappropriate behaviors that have major repercussions affecting both family and work relationships.

Any party where alcohol is served freely not only increases the risk of injury from falls, car crashes, assaults, etc., but has also been shown to increase overuse of alcohol.

Many folks tend to drink more if they are not paying for the beverages. Also depending on who is preparing the drinks, some drinks are more than the recommended serving size of 1 ½ ounces of hard (distilled) liquor, 5 ounces of wine and 12 ounces of beer. Many of the glasses people use are larger than the recommended serving size so the person is getting more alcohol than they think.

Most parties have finger foods available to munch on, but it may not be enough to offset the amount and speed of alcohol being drunk. People are also usually visiting and aren’t paying attention to how much they are drinking or do not want to hurt someone’s feelings by refusing a drink until it is too late.

The only way to get the alcohol out of the bloodstream is through time, about one hour per drink serving. That means no alcohol for at least one hour after you finish the last drink before having another drink.

Another myth about staying sober is having a cup of coffee before leaving the party. If you have had even a couple of drinks (which may be double depending on the measurement of the alcohol) and are getting ready to leave and think a cup or two of coffee will clear your head, you are wrong. It may make you more awake. However, the effects of alcohol are still slowing your reaction time and clouding your judgment.

If you are planning on hosting a party, consider not serving alcohol. If that doesn’t work for you, designate one or two people to tend bar and make sure they know how to measure the correct amounts.

Use smaller glasses and make arrangements for guests to get home safely. Keep an eye on folks and cut them off early if you think they have had too much to drink. Have plenty of food for your guests to enjoy and in turn it may slow down the number of drinks they have. Do not leave anyone alone who has passed out from drinking alcohol – get them to a hospital.

Jobs and relationships have been lost due to drinking. Think before you drink and NEVER drink and drive!

LDC expects to approve sale of nursing home in January

By Tom Rivers, Editor Posted 16 December 2013 at 12:00 am

ALBION – A three-person board of directors expects to make a decision next month on the sale of The Villages of Orleans, a 120-bed nursing home on Route 31 in Albion, the chairman of the group said today.

“We’re not dragging our feet but we’re not rushing it, either,” said Russ Martino, chairman of the Orleans County Health Facilities Corporation.

The County Legislature in February voted to transfer the county nursing home to the Health Facilities Corporation. The board for that local development corporation has been tasked with finding a buyer for the site.

The proposals have been submitted and the board is weighing two final offers. Martino said the board will try to iron out the framework of a purchase agreement during a 1 p.m. meeting on Friday. Most of that session at the Health Department, next to the nursing home, will be behind closed doors from the public due to the negotiations with the sale of real estate.

The board is considering more than price, Martino said. The board wants the new owner to work with Albion Central School to continue an alternative education program at the site. At-risk students at Albion take classes at the nursing home and do an internship or job shadowing with staff.

The nursing home also currently prepares meals for residents at the hospice residence down the road. Martino wants that partnership to continue.

“We’re still negotiating and we want to make sure the school and hospice are in the agreement,” Martino said.

The LDC board isn’t rushing to reach a deal, but Martino said the group doesn’t want to delay the process.

The LDC and county hired Marcus and Millichap’s National Senior Housing Group, a Chicago firm that specializes selling nursing homes. The firm helped find buyers and is working with the county on the sales agreement. Marcus and Millichap will get a 2.5 percent commission as its fee.

The county still owes about $8 million in debt for nursing home renovations and an expansion in 2007. The county is paying about $800,000 a year in debt for the nursing home.

If the sale was approved before the end of a calendar year that could save the county about $800,000 in an additonal debt payment. The county budgeted for about $800,000 in nursing home debt in 2014.

It will likely have to make that payment again in 2015 because the sale is subject to a review by the state Department of Health. That review is expected to take 12 to 18 months.

Martino has said bids for the nursing home would at least cover the outstanding debt for the nursing home.

Big snow, big fun at Bullard

By Tom Rivers, Editor Posted 15 December 2013 at 12:00 am

Photos by Tom Rivers

ALBION – Sledders took to the big hill at Bullard Park today after the onslaught of snow in recent days.

Melissa Fromm of Albion heads down the hill with her niece Mariah Plain on her back and friend Leah Pawlak on the very top.

Jeremy Kirby of Albion helps his niece Danica Donhauser of Albion get back up the hill for another turn.

Sledders get ready to go down the hill.

Tristan Lusk, 8, of Albion goes down the hill facing up and leading with his head, a trick tried by several of the sledders today.

Jayden Tetrault, 9, of Albion goes down the hill penguin style.

Carlton family seeks help in finding lost dog

By Tom Rivers, Editor Posted 15 December 2013 at 12:00 am

Provided photos – Rori, left, has been missing since last Sunday. Lacey also got away but returned home on Wednesday.

CARLTON – Eight years ago Ann Humner and her husband Asi Sveisson adopted Rori, a brindle/white mix from the SPCA in Erie County.

Rori has been a beloved member of the family because she’s so “sweet and gentle,” Humner said today.

The family has been looking for the dog the past week since she broke off her tether last Sunday afternoon. Both Rori and Lacey, a husky mix, got away a week ago. Lacey returned home on Wednesday.

Humner and Sveisson live on Hillcrest Drive in Carlton. They owned a cottage there for about six years before moving in permanently last January. The location on Lake Alice is “gorgeous” and they wanted to stay there year-round in their retirement, Humner said.

Lacey helped track Rori for about 3 miles before losing the scent on Thursday. Humner asked that snowmobilers and others keep a look out for Rori. She said the dog, which weighs about 50 pounds, is very friendly.

For more information, contact Humner at 716-906-1585.

Rori, left, and Lacey are friends that like to stick together.

‘Hometown Christmas’ provides inspiration and entertainment

By Tom Rivers, Editor Posted 15 December 2013 at 12:00 am

Photos by Tom Rivers

Catherine Thom and other dancers in Gotta Dance by Miss Amy perform Snowflakes, an excerpt from the Nutcracker during Saturday’s fourth annual Nicholas Kovaleski Hometown Christmas. The row in the back includes, from left: Laiken Ricker, Rylie Lear and Lauren Thomas.

Marcy Downey sings “Over the Rainbow” during the Hometown Christmas show on Saturday at the Holy Family Parish Lyceum.

A cast of about 50 performed songs and dances in memory of Nicholas, who died at age 15 on June 29, 2011. He was a popular student at Albion, excelling at football, swimming and tennis. He would have been a senior this year.

A video at the beginning of the program featured Nick’s classmates and school staff holding signs with inspirational messages. During his fight with leukemia, Nick urged the community to “Live with Purpose.” His classmates and the school staff and teachers continue to keep Nick’s memory and his message alive.

Lydia Erakare, one of Nick’s classmates, holds a sign that says, “Be Brave! Take Chances! Challenge Yourself!”

The Gotta Dance studio performed three shows on Saturday that drew more than 300 people. Proceeds are used to a fund a scholarship in Nick’s memory. So far, five scholarships have been awarded to graduating Albion students.

Nick’s mother Kelly Kovaleski , left, sings “The Shape of You,” a song she used to sing with her son at bedtime. She is joined by Albion music teacher Karen Conn.

Nick’s brother Matt Kovaleski introduces his band, “The Chick Magnets,” which also includes Noah Duvall, Connor McQuillan, Nick Sacco and Bryce Pritchard.

The Rev. Richard Csizmar, pastor of the Holy Family Parish, shares a reflection during the one of the shows on Saturday.

FFA, farmers deliver 19,000 pounds of food to Community Action

By Tom Rivers, Editor Posted 14 December 2013 at 12:00 am

Photos by Tom Rivers

ALBION – Albion FFA members Brian Bentley, front left, and Riley Kelly, unload a tractor trailer full of produce this morning at Community Action of Orleans & Genesee.

The Albion FFA worked with several local farmers to give 19,000 pounds of produce to Community Action. The agency in Albion then shared the produce with food pantries in Albion, Medina, Lyndonville and Holley.

FFA member Kyle Smith hauls a box of eggs to van for PathStone, which has a food pantry in Albion.

This is the fourth year the FFA has teamed with farmers for the food collection and distribution. The output has grown from 3,000 pounds in 2010 to 9,000, 17,000 and now 19,000.

Orleans Hub will have more on this year’s effort later today.