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Former public defender from Medina gets 5 years in prison

Posted 26 January 2016 at 12:00 am

Press Release, U.S. Attorney William Hochul’s Office

BUFFALO – U.S. Attorney William J. Hochul Jr. announced today that Adam Rissew, 39, formerly of Medina and a former Monroe County public defender was sentenced to 60 months in prison by U.S. District Judge William M. Skretny.

Rissew, a current Rochester resident, was convicted of possession of firearm in furtherance of a drug trafficking.

Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on July 20, 2012, Medina police officers and members of the Orleans County Major Felony Crime Task Force searched Rissew’s then-residence at 305 Catherine St. in the Village of Medina.

Officers found and seized in excess of 50 marijuana plants, paraphernalia related to the grow operation, numerous firearms and 684 rounds of various types of ammunition. Among the firearms found and seized was a loaded Glock 9mm semi automatic pistol that was secreted between Rissew’s mattress and box springs. During his plea Rissew admitted he used the pistol to protect his marijuana grow operation.

The sentencing is the result of an investigation by the Medina Police Department, under the direction of former Chief Jose Avila, officers of the Orleans County Major Felony Crime Task Force, under the direction of Chief Investigator Joseph Sacco, and Orleans County District Attorney Joseph Cardone.

GCC, Hawley host entrepreneurship program for veterans on Feb. 4

Staff Reports Posted 25 January 2016 at 12:00 am

BATAVIA – Genesee Community College and State Assemblyman Steve Hawley will host Operation Entrepreneurship, which provides free business start-up training for veterans and military family members.

The event will take place on Thursday, Feb. 4 from 8:30 a.m. to 4:30 p.m. at GCC in Batavia, room T119.
“As a veteran and small-business owner, I know firsthand the challenges and dedication it takes to succeed in both of these fields,” Hawley said. “I built my business from the ground up and am constantly evolving, evaluating and challenging myself to succeed in New York’s lackluster and competitive business climate. I look forward to meeting and working with veterans and their families who have an interest in starting and owning their own business because the American dream is alive and well, and I want to help people realize it.”

The event is being sponsored by the Small Business Association (SBA) and topics covered will include introduction to business ownership, finding the right idea, introduction to business planning, understanding market research, choosing the correct legal entity and other issues.

SBA Buffalo District Office Director, Franklin J. Sciortino, praised the event’s merits.

“The SBA supports our veterans, service members and military families through a number of initiatives,” said Sciortino. “The Operation Entrepreneurship program creates an opportunity for our veterans to learn how to start up in a day, discover resources available to support their business success, and network with other like-minded entrepreneurs.”

To register, contact Greg Lindberg at 716-551-5670 or visit www.events.sba.gov.

Medina raises ambulance rates

By Tom Rivers, Editor Posted 25 January 2016 at 12:00 am

MEDINA – The Village Board is raising the ambulance rates for the Medina Fire Department by 3 percent, and increasing the mileage rate by $3 to $33 per mile.

The new rates are right in line with ambulances in the area, said Eric Dodge, client relations executive for MedEx Billing, Inc.

The village in October 2014 raised the ambulance mileage rate from $20 to $30.

The Village Board this evening approved the 3 percent overall increase in ambulance bills. Medina billed an average of $570.79 per call in fiscal year 2013-14 and $553.41 in 2014-15, according to the report.

The village uses MedEx for is billing. Dodge compared the revenue for the ambulance from the two fiscal years. The amount paid for ambulance services increased from $999,253 (from June 1, 2013 to May 31, 2014) to $1,063,610 (from June 1, 2014 to May 31, 2015).

The Fire Department is seeing less revenue per call on average as more patients are on Medicare, rather than private insurance. Medicare pays at a lower rate. The total Medicare patients increased from 1,233 in 2013-14 to 1,458 in 2014-15, according to the ambulance report.

“What you guys are experiencing is pretty much what everyone else is since the Affordable Care Act,” Dodge told the Village Board.

The number of patients on private insurance dropped from 340 in 2013-14 to 196 the following fiscal year.

Medina was able to increase the percentage of calls that were paid from 88.3 percent to 91.1 percent. That helped boost the total revenue for the ambulance service.

Dodge said Medina has a higher collection rate than the typical ambulance provider. He suggested the village use a different collection agency that sends outstanding bills to credit agencies, affecting the delinquent payers’ credit score. Right now the collection agency doesn’t send that report. Dodge said some people may need that incentive to pay their bills.

Some insurance providers send the bill to pay for the ambulance service to the patient, who should turn those checks over to the Fire Department for the ambulance service. In 2013-14, there were 133 checks kept by patients, and 123 in 2014-15.

Ethanol plant fined $87K for environmental violations

Staff Reports Posted 25 January 2016 at 12:00 am

Industrial cleaning company also fined $50K

MEDINA – Western New York Energy, owner of an ethanol plant on Bates Road in Medina, has been fined $87,000 for violating the State Environmental Conservation Law.

The State Department of Environmental Conservation reported today that the company was fined in Shelby Town Court on Jan. 14 for illegally disposing of industrial waste on its Shelby property.

The fine stems from a 2013 investigation into illegal activities at Western New York Energy by the DEC’s Police’s Bureau of Environmental Crimes Investigation unit.

The investigation, lead by DEC Investigator Chris Didion, determined that WNYE and Hydro-Klean, LLC, a company based in Iowa that specializes in industrial cleaning operations for the ethanol industry, were disposing industrial wastes generated during bi-annual plant cleanings.

WNYE processes corn into fuel grade ethanol, and high-pressure water is used to clean burned corn out of the evaporators used in production. The resulting waste wash water, which included trace amounts of ammonia and diesel range organics and is considered an industrial waste, was loaded into a vacuum truck and transported to an area at the rear of the facility and dumped into the ground, the DEC said in a news release.

The case was prosecuted by the Attorney General’s office. In addition to the fine for Western New York Energy, Hydro-Klean pleaded guilty in the Town of Shelby Court in August 2015 to the unlawful disposal of industrial wastes and was fined $50,000.

WNYE has since changed its practices and now collects all waste water from cleaning operations and disposes of it at a local waste water treatment plant.

DEC encourages anyone with information on environmental crimes and violations to call its 24-hour hotline, at 1-844-DEC-ECOs (1-844-332-3267). An online form also is available by clicking here.

Mural in hospital highlights local history

By Tom Rivers, Editor Posted 25 January 2016 at 12:00 am

Photos by Tom Rivers

MEDINA – Stacey Kirby created a mural on the second floor of Medina Memorial Hospital about three years ago. The mural’s dominant image highlights the Erie Canal, which runs through Orleans County.

The mural also includes paintings of the Orleans County Courthouse in Albion, an iconic structure built in 1858.

Kirby, an Albion native, also painted the former site of the hospital. Before the hospital was built in 1925 on Ohio Street, the hospital used the former home of local industrialist A.L. Swett at northwest corner of Eagle and Prospect streets. The hospital operated out of that location from 1910 to 1925.

The mural was unveiled to public in March 2011. I was at the hospital on Tuesday and thought the mural worked wonders in dressing up this hallway.

Medina bans electronic signs

By Tom Rivers, Editor Posted 25 January 2016 at 12:00 am

File photo – The Village of Medina won’t allow electronic signs like this one at Medina Central School on Maple Ridge Road. The school district isn’t subject to the village’s zoning laws.

MEDINA – The Village of Medina passed a law this evening that bans electronic signs, those featuring animation, flashing, scrolling or spinning messages.

The Village Planning Board recommended the new law, saying it wanted to preserve the character, heritage and history of the community. That emphasis on historical preservation has driven the current “renaissance” in the downtown business district, Planning Board Chairman Chris Busch wrote to the Village Board.

Busch said the Planning Board strives for sign designs that inform but don’t overwhelm people. Digital signs can pose a safety concern because they tend to hold a drivers’ attention for an extended period of time, he said.

Busch said the Planning Board was united in the push to ban the electronic signs. Tim Elliott, a member of the Planning Board, attended tonight’s Village Board meeting.

“In the village you’re coming into a historic area and we don’t want them in,” he said about the signs.

The school district has an electronic sign. That sign was put in before the new law was passed. The school district also isn’t subject to village zoning regulations.

Sheriff’s Office adds Facebook page to boost outreach

By Tom Rivers, Editor Posted 24 January 2016 at 12:00 am

ALBION – The Orleans County Sheriff’s Office has a new Facebook page as part of effort to better reach out to the public, said Sheriff Randy Bower.

The new page went live on Friday. It has more than 500 “friends.”

Bower said the page will have regular updates from the Sheriff’s Office, including safety classes and other information. There is a contact form on the page for businesses to provide current contact information.

Bower has visited and called many businesses since taking office on Jan. 1. The Sheriff’s Office wants up-to-date information from businesses in case a door is left unlocked after hours or if there is an emergency and the business owner needs to be contacted, Bower said.

For see the Facebook page, click here.

County government has experienced “complete transformation” in past decade

By Tom Rivers, Editor Posted 24 January 2016 at 12:00 am

Photo by Tom Rivers – Orleans County Legislator Lynne Johnson speaks during Friday’s Legislative Luncheon at Tillman’s Village Inn.

GAINES – Orleans County government leaders are tackling infrastructure projects, streamlining departments, and partnering with neighboring counties for some services in a push to reduce costs to taxpayers.

“The county is witnessing a complete transformation of county government over the last decade,” Lynne Johnson, Orleans County Legislature vice chairwoman, told about 100 people Friday during the Chamber of Commerce’s Legislative Luncheon.

The county has reduced the number of employees on the government payroll by 124 full-time and 69 part-time since 2011, with the sale of The Villages of Orleans, the county nursing home, accounting for many of those.

The sale of the nursing home, shared services among local governments and other staff reductions are part of $10.5 million identified in taxpayer savings the past three years, Johnson told the Chamber crowd.

Johnson said the workforce is leaner, and is working faster and smarter, utilizing more technology.

“The business of county government has gotten increasingly complicated over the last decade and we strive to hire good, smart, creative leaders to face those challenges,” she said.

Orleans has become a leader in the state with its “unprecedented” collaborations with other counties, she said, citing shared public health services, tax mapping, Stop DWI and the youth bureau with Genesee County. Orleans also is partnering with Niagara County in a push for high-speed Internet in rural underserved areas.

Johnson highlighted investments in new emergency communications for first responders, $8 million in capital projects with new roofs, bridges and culverts. The county also staved off pressure from the state for a new jail by spending $1 million in the current building, making it meet state standards.

County officials are pressing state leaders to better maintain state-owned bridges and roads in the county, she said, and the federal government also hears from Orleans on the importance of dredging the Oak Orchard Harbor for boaters to support the county’s tourism industry.

Johnson praised the efforts of the Orleans Economic Development Agency for recruiting Pride Pak, a Canadian company, to spend $12.5 million for a new vegetable processing plant in Medina. Pride Pak is expected to have 40 employees in its first year, another 40 the second year and would reach about 200 at full capacity.

The EDA also has worked for “shovel ready” sites in Medina and Shelby that have access to infrastructure. Johnson said a new hotel could commit soon to the county, and the EDA secured a $600,000 state grant for a “spec” building that will make it faster for a developer to be in business in Orleans County.

She also cited efforts by the county’s Mental Health Department to develop satellite offices at school districts and expand same-day, walk-in services at the county clinic.

Unfunded mandates, crime and community development remain challenges, but Johnson said the county is “better positioned than ever to make a difference.”

Hochul says governor making Upstate a priority

By Tom Rivers, Editor Posted 23 January 2016 at 12:00 am

Photo by Tom Rivers – Lt. Governor Kathy Hochul stopped by the Legislative Luncheon for the Orleans County Chamber of Commerce on Friday at Tillman’s Village Inn.

GAINES – New York State is making billions of dollars available for upstate infrastructure and economic development, bringing attention to a part of the state that had been largely neglected by state officials for many years, Lt. Gov. Kathy Hochul said at an Orleans County Chamber of Commerce luncheon on Friday.

The governor’s proposed budget includes a multi-year plan with $22 billion for upstate roads and bridges, another $750 million for economic development through the regional economic development councils, and a cap on Thruway tolls until at least 2020, with tolls eliminated for agriculture vehicles.

Hochul said Cuomo’s efforts in his five years as governor are paying off with a shrinking unemployment rate and rising job numbers. She said the unemployment rate in Orleans is down from about 9 percent to 5 percent with Cuomo as governor.

“The governor has done an amazing job,” Hochul told about 100 people at the Legislative Luncheon at Tillman’s Village Inn. “He has been making up for years of neglect.”

Orleans County has received some of the funding through the Finger Lakes Regional Economic Development Council. Municipalities, businesses and organizations apply for the funds, with the council directing dollars to projects that will create and retain jobs.

Albion and Holley have both received grants through the NY Main Street program, and Medina was just approved for that grant.

The latest announcement in December included $600,000 to the Orleans Economic Development Agency for a new building in the Medina Business Park; $335,000 in a Main Street NY grant for Medina; $220,000 grant for Bent’s Opera House stabilization, facade improvements, asbestos abatement and interior renovations at the three-story building in Medina; $200,000 to the Orleans EDA for microenterprise support; $126,210 for the chapel restoration at Hillside Cemetery in Holley; $40,000 for the Kendall-Yates-Carlton Local Waterfront Revitalization Program; $36,000 to Orleans County for a law enforcement shared service and efficiency study.

The state also approved $1.5 billion in an Upstate Revitalization Initiative with three regions getting $500 million. Orleans County is in the Finger Lakes region which was awarded $500 million last month.

Hochul said the funds will create many economic development opportunities for businesses and communities.

“The $500 million is a once-in-a-lifetime grant,” Hochul said.

She likes the governor’s approach, where regions need to develop plans for economic growth.

“The old way there was a pot of money that went to those who were politically connected,” she said.

She highlighted other parts of the 2016-17 proposed budget from the governor:

An increase in the Environmental Protection Fund from $177 million to $300 million;

An overall state budget that limits the budget to an increase of 1.7 percent;

$250 million in support for drinking water and wastewater infrastructure projects across the state, predominantly in upstate;

$500 million to dramatically expand and improve access to high-speed Internet in communities statewide;

$200 million to revitalize upstate airports;

$100 million for downtown revitalization, funds that would be available to villages and not just cities, Hochul said.

“It’s ambitious,” she said about the governor’s budget. “The governor views no challenge is too great. He’s not afraid to challenge the status quo.”

Hochul arrived at 1:30 p.m. for the Legislative Luncheon and went through a PowerPoint presentation on the governor’s budget. She missed comments from State Sen. Robert Ortt and State Assemblyman Steve Hawley, who said the governor and state Legislature need to direct more dollars to upstate projects and communities.

Hawley said many of the big projects announced in the governor’s budget were directed at New York City, including a new airport to replace LaGuardia, a $3 billion transformation of Penn Station, and a redeveloped Javits Convention Center at an estimated $1 billion.

“Pieces get thrown out all the time by downstaters,” Hawley said. “But the bridges on the canal, where’s the money? The Lake Ontario State Parkway, where’s the money?”

Noted Civil War surgeon was cousin of governor from Albion

By Matthew Ballard, Orleans County Historian Posted 23 January 2016 at 12:00 am

Image of Joseph Lee Bullock Brown courtesy of The Fort Dalles Museum in Oregon. His uncle, Rufus Bullock, was governor of Georgia.

Volume 2, Issue 4

Born July 26, 1822 at Albany, New York to Rufus and Margaret Bullock Brown, Joseph Lee Bullock Brown received his early education in the Albany area. He later attended the Albany Medical College where he graduated from that institution, likely in the early 1840s and shortly after the establishment of the school in 1839.

Appointed physician at Clinton Prison in 1845, the year after the institution was established, Dr. Brown remained in that position for nearly three years before he removed to Detroit, Michigan to practice surgery.

In 1849, he received an appointment as a surgeon with the U.S. Regular Army and received a commission as Assistant Surgeon from Zachary Taylor the following year. Stationed at Ft. Dalles in the Oregon Territory, Dr. Brown also served in Texas and the Washington Territory up until the start of the Civil War.

After war broke out, Brown was ordered to return to east and was assigned to the Army of the Potomac under the command of General McClellan. Commissioned as a Surgeon with the rank of Major by President Lincoln on July 4, 1861, Brown remained in service until he was assigned as Medical Director of the 4th Corps, Army of the Potomac.

After authoring a report on medical care which was later published in the Medical and Surgical History of the War of the Rebellion, he was reassigned to the Assistant Surgeon General’s Office at St. Louis and then at Louisville, Kentucky. He was active in a number of Indian campaigns throughout the course of the war.

Near the conclusion of the war he was brevetted Lieutenant-Colonel for his service and after treating patients during a cholera epidemic at Ft. Columbus in New York Harbor, he was brevetted to Brigadier General. From that point on, he was known as Gen. Brown and spent 13 more years in service with the U.S. Army as president of the Medical Examining Board in New York City and Medical Director at the Department of the Platte, a region which then contained the territories of Iowa, Idaho, Nebraska, the Dakotas, and Utah.

At the age of 64 in 1886, Gen. Brown retired from service and lived for a short period at Tarrytown-on-the-Hudson before moving to Albion in 1887 where he lived out the rest of his life at the Bullock Homestead on Liberty and W. Park Streets. After serving over three decades with the U.S. Army, Gen. Brown dedicated his life to the study of the classics and photography. He died on October 21, 1891 at his home in Albion and is interred at Mt. Albion Cemetery.

Note: Gen. Brown’s brother, Judge Robert Hewitt Brown, was a well-respected attorney and author of “Stellar Theology and Masonic Astronomy,” who later served as counsel for Rufus Brown Bullock during the investigation into his service as Governor of the State of Georgia.

Gov. Bullock and Gen. Brown were first cousins; Bullock’s father, Volkert Veeder Bullock being the brother of Brown’s mother, Margaret Bullock Brown.

Big storm hitting NYC not doing much in Orleans

By Tom Rivers, Editor Posted 23 January 2016 at 12:00 am

GAINES – The wagon in front of Tillman’s Village Inn is covered in snow in this photo taken on Thursday.

The big snowstorm hitting New York City and the Mid-Atlantic region isn’t doing much in Orleans County.

Gov. Andrew Cuomo declared a state of emergency this morning for New York City, and Nassau, Suffolk, Westchester, Putnam, Rockland and Orange counties.

In addition to the State of Emergency, MTA bus service will suspend operation in New York City at noon today, and remain suspended until further notice, the governor announced this morning.

The storm is predicted to bring 18 to 24 inches of snow by Sunday. Heavy winds with speeds between 30 and 40 mph are expected, with gusts as high as 55 mph, contributing to whiteout conditions and power outages. Coastal flooding remains a concern along parts of Long Island.

In Orleans County, there may be an inch of snow today with a high of 23 degrees, according to the National Weather Service in Buffalo.

Sunday is forecast for a high of 31, followed by a high of 38 on Monday, and 42 on Tuesday.

The wagon by Tillman’s Village Inn is pictured with Fairhaven Treasures in back at the corner of routes 98 and 104 in Gaines.

Students compete in cursive handwriting contest

By Kristina Gabalski, Correspondent Posted 23 January 2016 at 12:00 am

Historical Society recognizes what is becoming a lost art

Photos by Kristina Gabalski – Winners of the 2016 Clarkson Historical Society Handwriting Contest display their certificates. Seated, from left: Emma Lenhard, Quest School in Hilton; and Carli Kirkwood, Byron-Bergen Central School. Standing, from left: Louie Conte, Kendall Central School; Aubrey Hammill, Erie, Pa. (Aubrey’s grandmother lives in Brockport); Christina Bishop, Oliver Middle School in Brockport; and Madison Marsh, Holley Central School. Not pictured: Jacey Donahue, Byron-Bergen Central School; Kennedy Jones, Holley Central School; Dakota Thompson, Holley Central School.

BROCKPORT – Orleans County students were well represented in a local cursive handwriting contest.

Students from both the Kendall Central and Holley Central School Districts were among winners honored Saturday afternoon at the Clarkson Historical Society’s Second Annual Handwriting Contest. The award ceremony was held at the restored Clarkson Academy on Rt. 104 just east of Clarkson Corners.

January 23 is John Hancock’s birthday (2016 marks his 279th) and Clarkson Historical Society President Mary Edwards explained that the national “Campaign for Cursive” group has chosen his birthday to celebrate cursive handwriting as his signature is, “the boldest on the Declaration of Independence.”

Madison Marsh, a 9th grader at Holley Jr./Sr. High School, accepts her award for second place in the High School division in the Clarkson Historical Society’s 2016 Cursive Handwriting Contest. Clarkson Historical Society President Mary Edwards looks on.

The Clarkson Historical Society holds summer camps and hosts field trips each year for local students and has emphasized teaching cursive handwriting – quickly becoming a lost art – during these events.

Edwards said Campaign for Cursive reached out to Clarkson regarding holding an event on National Handwriting Day and the cursive writing contest was born.

Winners this year include Louie Conte from Kendall Elementary School, who took second place in the 4th and 5th Grade division. Holley Central School took all three places in the High School division – First Place going to Kennedy Jones, second place going to Madison Marsh and third place going to Dakota Thompson.

Thompson and Jones were unable to attend the award ceremony due to a conflict, but will be presented with their prize on Sunday.

Winning entries were displayed at the Clarkson Academy Saturday afternoon. Those taking part had to write out the sentence: “The quick brown fox jumps over the lazy dog.” Students at Kendall Central and Holley Central took four of the nine awards.

Louie Conte, a student at Kendall Elementary School, accepts his cursive handwriting award from Mary Edwards, president of the Clarkson Historical Society during ceremonies at the Clarkson Academy.

Marsh, a 9th grader who lives in Clarendon, says she “loves to write in cursive,” and was inspired by her English teacher, Suzanne Lepkowski, who has a poster about cursive hanging in her classroom.

“It made me want to get into the habit of writing in cursive,” Marsh said.

Louie Conte, who lives in Kendall, said he “just started writing in cursive this year,” and he also enjoys it.

Conte was the only young man among the winners this year and Mary Edwards commended the Kendall School District for their submissions.

“Kendall is doing a really great job,” she said.

The Clarkson Historical Society received 140 entries this year and Edwards encouraged those attending to continue to work on their cursive handwriting skills.

“It’s like your fingerprint,” she said. “No one else can write exactly like you.”

She said learning how to sign your name is part of growing up and being able to sign your name in cursive “will distinguish you in the coming years. It’s a wonderful accomplishment.”

Town of Clarkson Historian Leanna Hale (left) and Clarkson Historical Society President Mary Edwards discuss the importance of cursive handwriting prior to presenting awards Saturday afternoon at the Clarkson Academy on Route 104 in Clarkson.

Officials say big hike in minimum wage would hurt upstate businesses

By Tom Rivers, Editor Posted 23 January 2016 at 12:00 am

Photos by Tom Rivers – State Assemblyman Steve Hawley says raising the minimum wage to $15, after recently hiking it from $7.25 to $9, would be “ludicrous” and damaging to the economy.

GAINES – The governor’s push to raise the minimum wage to $15 dominated the discussion at the Orleans County Chamber of Commerce’s Legislative Luncheon on Friday.

The governor would like to implement the higher wage for New York City by 2018 and then the rest of the state by 2021.

Lt. Gov. Kathy Hochul attended the luncheon and she said the higher wage would lift people out of poverty and put $15 billion more into the economy.

She said the state is offering $300 million in tax credits to help offset some of their costs with the higher minimum wage.

But that isn’t a good trade for businesses, having to spend $15 billion more to get $300 million back, said Ken Pokalsky, vice president of The Business Council of New York State.

Ken Pokalsky, vice president of The Business Council of New York State

Pokalsky said New York City could better absorb the increase. The city has experienced 14 percent job growth since 2000. However, Pokalsky said upstate has only had 2 percent job growth since 2000 and Orleans County has declined by 10 percent with jobs.

“It is a very soft labor market,” he said during the Legislative Luncheon attended by about 100 people at Tillman’s Village Inn.

The state just raised the minimum wage to $9. It was $7.25 three years ago, but would more than double from $7.25 with the governor’s push.

“This is a huge problem,” Pokalsky said. “It’s an issue of real concern to us.”

State Assemblyman Steve Hawley said a $15 minimum wage would force businesses to eliminate positions and not hire people looking for work.

“The real minimum wage is $0,” he said. “It’s a ludicrous proposal.”

Hawley, owner of an insurance company, said the higher minimum would force him and other people, who pay well above the current minimum wage, to also raise their pay. Hawley said the governor should let the market dictate salaries.

“It’s absolutely un-American,” he said.

Assembly leader fails to nominate local resident for turbine siting board

By Tom Rivers, Editor Posted 22 January 2016 at 12:00 am

Senate leader picks Randy Atwater, president of Barker Central School, for board reviewing Lighthouse Wind

YATES – One of the two local residents who will serve on siting board for the wind turbine project in Yates and Somerset has been named.

Randy Atwater, president of the Barker Board of Education, was appointed by John Flanagan, majority leader of the State Senate.

However, the other local resident was to be named by Carl Heastie, speaker of the State Assembly. But Heastie didn’t act on the matter, an “abdication of his duties,” said State Sen. Robert Ortt.

It will now fall on Gov. Andrew Cuomo to pick someone for the New York State Board on Electric Generation Siting and the Environment. That board will review the proposed Lighthouse Wind project, which includes up to 71 wind turbines in Yates and Somerset.

“The speaker of the Assembly chose not to do his job,” Ortt said today following a Legislative Luncheon at Tillman’s Village Inn.

Flanagan was charged with picking one of the members, based on four submitted names from Ortt. The local state senator passed along four names of people nominated by Niagara County officials and Somerset Town Supervisor Dan Englert.

Besides Atwater, Cathie Orr, Thomas Staples and Robert Damon were nominated. Orr has been one of the proposed wind project’s loudest critics.

The Board on Electric Generation Siting and the Environment includes five state officials and two people from the local project area. State Assemblyman Steve Hawley passed along to Heastie four names of people from Yates who were submitted by Orleans County Legislature Chairman David Callard, and John Belson, the Yates town supervisor until Jan. 1.

The four nominated from Yates include Russell Martino, Cynthia Hellert, Glenn Maid and Jeffrey Oakes.

Hawley said he called Heastie’s office several times to press him to name one of the board’s members, but Heastie didn’t act before the deadline.

Hawley and Ortt have been critical of the loss of “home rule” on the project, with the final decision on land use made by the state instead of a local board. As part of a new Article 10 process, the decision for siting large-scale energy projects in New York rests with the Siting Board.

The five state representatives include the chairman of the Department of Public Service, commissioner of the Department of Environmental Conservation, commissioner of the Department of Health, chairman of the New York State Energy Research and Development Authority, and the commissioner of Economic Development.

“I’m against this process,” Ortt said today.

The Siting Board wouldn’t be officially convened until Apex Clean Energy submits a final application for the project in Yates and Somerset. Company officials say they are working to submit that application this summer.