ALBION – The Albion Police Department recently conducted a three-day Speed Enforcement Detail in the School Speed Zone on East Avenue.
The Police Department conducted the detail during the opening week for the Albion Central School on Sept. 3-5. The Albion Police Department received a $5,040 grant from the New York State Governor’s Traffic Safety Committee to participate in the statewide Police Traffic Services Program.
The goal of this grant is to increase seatbelt usage and reduce speeding, and aggressive, distracted and other dangerous driving behaviors in an effort to reduce serious injury and death from traffic crashes.
During the opening week of school Albion Police Officers issued 72 Uniform Traffic Tickets for various Vehicle & Traffic Law violations including the following:
63 – Speeding in School Zone Tickets;
3 – Uninspected Motor Vehicles;
2 – Aggravated Unlicensed Operator 3rd Degree;
1 – Unregistered Motor Vehicle;
1 – Failure to Yield to an Emergency Vehicle;
1 – Seatbelt Violation;
1 – Stop Lamp Violation.
The main factors that cause fatalities in motor vehicle accidents continues to be speeding, not wearing seatbelts and driving under the influence of alcohol and drugs. The safety of our streets continues to be among the top goals of the Albion Police Department. We will continue to strive to make our community safe.
By Tom Rivers, Editor Posted 9 September 2014 at 12:00 am
ALBION – The Board of Education approved a four-year contract with its custodians and maintenance workers on Monday, an agreement that gives the workers 3 percent raises annually but also makes them pay more towards their health insurance.
The workers in the CSEA union had been without a contract since June 30. The workers are cleaners, custodians and maintenance workers. The union members are scheduled to vote on the contract on Sept. 10.
They will see their share of health insurance costs rise from 10 to 15 percent as part of the contract. They also will need more unused sick days to earn healthcare coverage after they retire.
The previous contract required 20 unused sick days to be eligible for a year of health insurance coverage in retirement. The new contract will require 25 unused sick days to earn a year of health insurance. (Retirees pay 15 percent of the health insurance cost.)
The district has its teachers under contract and is trying to reach an agreement with the union representing support staff – aides, building secretaries, physical therapists and registered nurses in the schools. That group has been without a contract for more than two years.
ALBION – Assemblyman Steve Hawley (R-Batavia) will be hosting a free car seat safety check at the Albion Fire Hall this Saturday from noon to 2 p.m. The fire hall is located at 108 North Platt.
“As a father, I can tell you there’s nothing more important about your car than the kids riding in the backseat,” Hawley said. “I would encourage all parents to come down to our car seat check and ensure that their children are as safe as they can be.”
By Tom Rivers, Editor Posted 8 September 2014 at 12:00 am
Photos by Tom Rivers – Joe Mesler, president of the Second Amendment Coalition of Western New York, tells 200 people they need to hold elected officials accountable and demand they protect Constitutional rights, including the Second Amendment. He urged gun owners to vote.
ALBION – About 200 people attended a rally outside the Albion Gun Shop this evening with the group vocal in denouncing Gov. Andrew Cuomo and calling for him to be ousted from office in this election.
The gun owners were urged to register to vote and cast their ballots on Nov. 4. Mattie Zarpentine, a regional coordinator for the New York Revolution, said only 20 percent of gun owners vote. But if they go to the polls in droves, Zarpentine said they can more than offset the votes from New York City, which tend to go to Cuomo and other Democratic Party candidates.
Mattie Zarpentine of Holley addresses the pro-gun crowd in Albion.
“We could outvote New York City if we support Constitutionally minded candidates,” Zarpentine told a crowd gathered on a closed-off Hamilton Street in front of the Albion Gun Shop.
Joe Palumbo, owner of the Albion Gun Shop, thanks the group for its support.
The rally was scheduled after the Albion Gun Shop was visited by the State Police in late August and told to turn over its records of customers who purchased an AR-15 gun with a bullet button feature. Police contended that feature violated the spirit of the SAFE Act, a controversial gun control measure passed in January 2013.
Joe Palumbo, owner of the gun shop, reluctantly turned over the names of 164 customers who bought the gun since the SAFE Act was passed. He also has been filling the bullet buttons with epoxy, which police say will now meet the SAFE Act standards.
He thanked his customers and many supporters in pro-gun groups for backing him and his business since news broke about his customer records being turned over to the State Police. Palumbo said he was advised by his attorney not to say too much because of potential litgation with the issue.
His attorney, James D. Tresmond of Buffalo, released a statement that was read by Steve Aldstadt, state president of SCOPE, the Shooters Committee on Political Education. Tresmond has already filed several lawsuits challenging the SAFE Act. He contends the law is unconstitutional with “arbitrary and discriminatory enforcement.”
Steve Alstadt, president of SCOPE in New York, urges gun owners to vote Andrew Cuomo out of office.
Tresmond said the “prospects look good” in court for the SAFE Act challenges.
“We have only begun to fight,” he said in his statement.
SCOPE is funding some of the court fights, and the organization also is promoting gun owners to vote, especially on Nov. 4, Alstadt said.
“That will be New York’s recall election,” he said.
Joe Mesler is president of the Second Amendment Coalition in Western New York, a group that formed five days after the SAFE Act passed. Mesler said he fears the governor and State Legislature will continue to infringe on gun owners’ rights.
About 200 people attended a rally outside the Albion Gun Shop on Hamilton Street this evening. The rally was planned after State Police demanded gun shop owner Joe Palumbo turn over his records for customers who purchased the AR-15 gun with a bullet button feature.
He urged the group to be ever vigilant with their state elected officials. He urged them to go to Albany, attend local functions by state legislators and ask them a lot of questions – while demanding answers.
Steve Hawley voices his displeasure with the SAFE Act.
Many of the state legislators in WNY are Republicans who voted against the SAFE Act. But Mesler said most of them have backed provisions in the state budget for enforcing the SAFE Act. He has challenged legislators for supporting state funds to enforce unconstitutional laws.
State Assemblyman Steve Hawley said he wants to repeal the SAFE Act but downstate legislators won’t let that legislation come to a vote. Hawley favors dividing Upstate New York from New York City, creating two separate states.
Hawley said the SAFE Act was passed near midnight without a proper vetting from the Legislature and the public.
The law has numerous gray areas and was poorly crafted, Hawley said. He faulted Cuomo and the majority of the Legislature for hastily approving the legislation after a school shooting in Connecticut. Cuomo played on the emotions of the public, Hawley said.
“Shame on you, governor,” Hawley said.
Robert Ortt, a candidate for the State Senate, also addresses the crowd and states his support for repealing the SAFE Act.
Ortt is running for State Senate in the 62nd District, in the spot currently held by George Maziarz, who isn’t seeking re-election. Ortt, the North Tonawanda mayor, served a tour of duty in Afghanistan. He said he will work to repeal the SAFE Act.
He worries that the State Senate, the remaining legislative body with a Republican majority, could be overtaken by Democrats. That would give that downstate-dominated party full control of the Legislature and perhaps the governor’s office. If that happens, Ortt said more freedoms could be lost to an overzealous Legislature and governor.
Mark Glogowski, a candidate for State Assembly, takes a turn with the bullhorn.
Another candidate for the State Legislature, Mark Glogowski of Hamlin, is running as a Libertarian against Steve Hawley. Glogowski said he favors less intrusive gun laws. He doesn’t think guns should be registered. If voters gave strong support to a Libertarian candidate it would send “shock waves” to Albany, Glogowski said.
“How about making a statement with your vote?” he said.
Nick Nersinger of Barre holds a sign he made stating his displeasure with Gov. Andrew Cuomo and the state’s gun control laws.
“I’m against the SAFE Act,” he said. “On Election Day I will be voting against Gov. Cuomo and I hope the rest of New York State does as well. No one has the right to take away those freedoms.”
ALBION – State Assemblyman Steve Hawley released this statement following reports that Albion Gun Shop owner Joe Palumbo was told by the State Police to turn over records of customers who purchased AR-15 guns.
“Any bill that is rushed through the Legislature in the middle of the night without enough time to be read or debated is going to have serious problems, and that’s what we are seeing now with the SAFE Act. The SAFE Act is so poorly written that nobody knows exactly what constitutes a so-called ‘assault weapon’ under the law.
“The Albion Gun Shop is the latest victim of this unconstitutional infringement on law-abiding citizens. This particular case is absurd because the shop’s owner was previously told his weapons were in compliance with the SAFE Act and now is being told the opposite. Now, he could face serious legal consequences.
“I voted against the SAFE Act because of situations exactly like this – the Albion Gun Shop did everything they could to be in compliance with the law, but still unintentionally went against it with serious consequences to their business. I stand with the Albion Gun Shop and will continue to push for the SAFE Act to be repealed.”
By Tom Rivers, Editor Posted 4 September 2014 at 12:00 am
However, guns with bullet buttons will need to be modified
ALBION – Orleans County’s district attorney says Joe Palumbo, owner of the Albion Gun Shop, and 164 customers who purchased AR-15 guns don’t need to worry about facing charges for violating the SAFE Act, the state’s gun control measure approved in January 2013.
Palumbo has been worried since Thursday when the State Police demanded he turn over records of customers who purchased the AR-15. State police believe the gun, which requires a tool to release a bullet button, violated the SAFE Act. Police wanted a list of customers who bought it from Palumbo and he reluctantly turned over his records.
The issue has ignited a firestorm among Second Amendment supports and gun rights advocates. They are planning a rally 6 p.m. on Monday outside Palumbo’s store at 203 Hamilton St.
Joe Cardone, the county DA, believes a solution has been brokered where gun owners and Palumbo will be in compliance with the law without anyone being arrested.
The bullet buttons can simply be filled with epoxy, rendering them useless. Gun owners will have to crack open their AR-15 guns to reload.
“Putting epoxy where the bullet button is will make the feature unusable,” Cardone said this afternoon. “It is a simple and quick modification.”
Palumbo said many customers have been bringing in their guns and voluntarily having Palumbo fill the bullet buttons with epoxy since news broke the state police acquired the store’s records. Palumbo said it takes about five minutes to fill the holes with epoxy.
“I’ve been doing them all day,” he said at about 2:30 p.m. today.
He spoke with Cardone about the solution to complying with the SAFE Act. Palumbo said he wants the state police to put that in writing so he and his customers don’t have to worry about being charged with a crime under the SAFE Act.
“I’d totally be open to that,” he said about the solution using epoxy for the bullet buttons. “But I want it to be in writing. Right now nothing has been set in stone.”
BARRE – An Albion man is hospitalized following a 2-vehicle crash this morning in the Town of Barre.
The incident occurred at about 5:20 a.m. at the intersection of West Lee Road (State Route 31A) and Eagle Harbor Road.
Albert T. Witt, 69, was operating a 2000 Dodge Caravan, travelling south on Eagle Harbor Road when he attempted to cross Route 31A. Witt’s vehicle entered the intersection without yielding right-of-way and crossed into the path of a westbound tractor-trailer car-carrier and a collision subsequently occurred.
Witt, the sole occupant, was trapped in the wreckage for about 30 minutes before being extricated by Barre firefighters. He was flown to Strong Memorial Hospital in Rochester by Mercy Flight helicopter.
The truck/trailer is owned by Ladue Auto Transport located in Hamlin. It was operated by Robert S. Jiacobbe, 30, of Hilton. Jiacobbe was the sole occupant of the truck and was not injured. At the time of the incident, the truck was transporting seven vehicles on the carrier. None of those vehicles were damaged as a result of the collision.
The incident was investigated by Deputy K.J. Colonna, assisted by Deputy J.A. DeFilipps and Trooper G.W. Radford of the Albion barracks. Albion firefighters and personnel from Central Orleans Volunteer Ambulance also assisted at the scene.
By Tom Rivers, Editor Posted 3 September 2014 at 12:00 am
Second Amendment groups will rally after gun shop’s records demanded by police
Photos by Tom Rivers – Joe Palumbo, owner of the Albion Gun Shop, had some of his records seized by state police on Thursday, igniting a firestorm among Second Amendment rights groups.
ALBION – Gun rights’ activists are planning a rally Monday outside the Albion Gun Shop after state police told shop owner Joe Palumbo to turn over a list of customers who purchased an AR-15 with a bullet button.
Palumbo reluctantly complied with the request, turning over 164 names of people who bought the gun since the SAFE Act passed in January 2013.
Palumbo believed the guns, which require a tool to release a detachable magazine, were legal under the SAFE Act. But the State Police told him on Thursday those guns were illegal.
“We were told they were legal and then it changed,” Palumbo said. “I don’t want to go to jail and I don’t want my customers to go to jail. Hopefully we can stay in business for 50 years.”
The situation has infuriated many pro-gun groups and drawn media attention from outside the area. Several groups, including SCOPE and New York Revolution, are planning a rally outside the gun shop at 6 p.m. on Monday.
Palumbo said the AR-15’s are the most popular gun he sells. People use them for hunting, shooting targets and vermin that plague their homes and farms.
Palumbo opened the Albion Gun Shop two years ago on Hamilton Street at a former shoe store and equipment rental business.
He and his attorney are hoping to negotiate an amicable conclusion with the State Police, and Palumbo said the state needs to specify what is and isn’t legal.
“Right now there is a gray area that is 2 miles long,” he said. “New York State doesn’t define what a detachable magazine is.”
Palumbo, 29, grew up in Brockport and opened the Albion Gun Shop two years ago. He said Albion and Orleans County have been an ideal location for the gun shop with local officials and most law enforcement in support of the right to bear arms.
“This is about as pro-gun of a county as you can get,” he said.
Every village and town elected board, as well as the County Legislature, last year passed formal resolutions stating their opposition to the SAFE Act and calling for its repeal.
Palumbo said his phone has been ringing near constantly since the State Police visited his store on Thursday, giving him 24 hours to turn over the records. He said many of his customers and other gun rights’ supporters worry that the police are violating the privacy of gun owners.
“It’s been a tough few days,” Palumbo said. “I can’t sleep or eat. I don’t know what will happen with the store.”
By Tom Rivers, Editor Posted 2 September 2014 at 12:00 am
Photos by Tom Rivers
ALBION – The Albion Rotary Club added two new members last week. In the top photo, Bill Gajewski receives his Rotary pin from Cindy Perry, a past president.
Gajewski works as administrator for the Orleans Community Health’s Urgent Care Center in Albion. Perry was Gajewski’s Rotary sponsor. She works with Gajewski as the director of Health Education, Wellness and Outreach for Orleans Community Health.
Carol Murphy also was welcomed into Rotary. She works in sales at the Don Davis Chevrolet Buick GMC dealership. She is welcomed by her sponsor, Brad Shelp at left, who also works in sales at Don Davis. District Governor Jack Amico of West Seneca led the induction ceremony for the Rotary Club.
By Tom Rivers, Editor Posted 2 September 2014 at 12:00 am
Developer wants WM permit transferred to new company
File photo by Tom Rivers – This photo from last July shows the former McKenna and Orleans Sanitary landfills next to the Erie Canal in Albion, between Densmore and Transit roads.
HOLLEY – Richard Penfold is not giving up on his push to open a new landfill in Albion. In April he was rejected by the Department of Environmental Conservation to renew a landfill permit from 11 years ago.
Penfold is challenging that decision and there will be a legislative hearing at 6 p.m. on Sept. 16 at Hickory Ridge Golf and Country Club with an issues conference to follow the next day beginning 10 a.m. Hickory Ridge is located at 15816 Lynch Rd.
DEC Administrative Law Judge D. Scott Bassinson will conduct the hearing on whether Penfold and his new company, Albion Recycling & Recovery LLC, can renew the permit. Penfold has worked in recent years to try to take ownership of the site and have a state permit approved for Waste Management of New York transferred to Albion Recycling & Recovery.
The DEC, however, decided Penfold didn’t have “the legal capacity” to renew the permit originally approved for Waste Management, according to a letter on April 9 to town officials from Scott Sheeley, the regional permit administrator for the DEC.
Waste Management received a permit from the DEC in 2003 for a new 78-acre landfill in Albion along the Erie Canal. The landfill would be between Densmore and Transit roads on the east side of town. Waste Management was unable to get a permit from the Albion Town Board for the project despite offering a host community benefits package that would have cut town taxes and offered other perks for residents.
Even if Penfold secures the DEC permit, he still would need approval from the Town Board, which has been adamant in stating its opposition to additional landfills.
Penfold has said he would offer the town a host community benefits package that would cut taxes, offer residents free garbage pickup, create jobs and also care for two existing landfills.
Stop Polluting Orleans County has opposed any new landfills in Albion. The group’s attorney, Gary Abraham, will speak at the hearing. SPOC has stated the site by the two existing landfills would be bad for the community, drawing garbage truck traffic by the schools, hurting tourism efforts, and putting a 200-foot-high mound of trash in an environmentally sensitive area. If the landfill ever leaked, SPOC worries the contamination would be difficult to track given the presence of two other landfills.
To see the full DEC notice on the hearing, click here. That notice has information on where residents can submit written comments about the issue.
ALBION – A migrant worker is dead following a farm accident late Friday afternoon in the Town of Albion, Orleans County Sheriff Scott Hess said today.
The incident occurred at Kirby Farms in the 3400 block of Densmore Road. It was reported to 9-1-1 shortly before 6 p.m. A work crew employed by Root Brothers Farms of Albion was “on loan” to Kirby’s and was irrigating a field of tomato plants.
The victim, tentatively identified as Luis D. Larios-Hernandez (age unknown), was standing next to a parked farm truck when a second truck (also parked and un-occupied) rolled down a slight incline and struck the victim, pinning him between the two vehicles.
Larios-Hernandez was transported by Central Orleans Volunteer Ambulance to Strong West Emergency in Brockport, where he was pronounced dead at 7:24 p.m.
He was a seasonal worker residing at Root Brothers Farms in the Town of Barre.
The incident investigation was conducted by Deputy T.C. Marano and Lieutenant C.M. Bourke. The follow-up investigation includes the Monroe County Medical Examiner’s Office, the United States Border Patrol, and the Occupational Safety and Health Administration (OSHA).
By Tom Rivers, Editor Posted 31 August 2014 at 12:00 am
Photos by Tom Rivers
ALBION – Kyle Townley of Rochester shows his dog “Pembroke” during Saturday’s dog show in Albion. About 600 dogs entered the Tonawanda Valley Kennel Club show at Bullard Park. Another TVKC show will be today at the park from 8:30 a.m. to approximately 4 p.m.
Kyle Townley competes in the novice showmanship competition.
Lorinda Vasuta preps her Pomeranian, “Animation’s Marina,” for the dog show Saturday in Albion at Bullard Park. Her dog is currently in the top 20 of all Pomeranians in the country.
Vasuta is from Medina, Ohio, and has been showing dogs for 40 years.
“It’s very rewarding,” she said. “Producing something that aspires to her level does the heart good,” she said. “This is a sport. There aren’t many sports where old people can compete with the youngsters. Old people actually have an advantage because of our experience.”
Tim Terella of Edinboro, Pa. leads a Siberian Husky named “Gus” during the dog show on Saturday. Gus won best in breed.
Two handlers show these Siberian Huskies during the dog show on Saturday.
Trophies for the top dogs at the Tonawanda Valley Kennel Club dog show are lined up. The club has had its annual dog shows over Labor Day weekend in Albion for the past two decades.
Bullard Park has been taking over by the dogs this weekend with large tents and several show areas set up at the along the site on Route 31.
By Tom Rivers, Editor Posted 28 August 2014 at 12:00 am
Photos by Tom Rivers
ALBION – A new historical marker stands in Waterman Park in Downtown Albion and notes the downtown’s status on the National Register of Historic Places. The U.S. Department of the Interior included the business district on Main and Bank streets in 1994.
The new two-sided marker was paid for with a Main Street grant approved by the state. The Department of Public Works installed the marker on Friday. It was originally intended to be placed in a sidewalk on Main Street, but the state Department of Transportation wouldn’t approve that location.
The marker stands in a park about a half-block south of the Erie Canal. The marker also includes a logo of a tugboat.
By Tom Rivers, Editor Posted 28 August 2014 at 12:00 am
Schmitt family expects turbine will pay for itself in 7 years
Photos by Tom Rivers – United Wind installs a 10-kilowatt wind turbine today at the West County House Road home of Kurt and Cathy Schmitt. This is the first residential wind turbine in the Albion area.
ALBION – The town has a new landmark, the first residential wind turbine in the Albion community. It was erected today by United Wind.
Kurt and Cathy Schmitt have the 153-foot-high structure in their back yard on West County House Road. They have been researching wind energy for several years and committed to the project, expecting their $26,000 investment to be paid back within seven years.
“If you’re committed long-term to your house, I don’t see a downside,” Mr. Schmitt said this morning when contractors used a crane to set on the turbine.
Kurt Schmitt stands by the turbine and one of its 7-foot-long blades.
The Schmitts used a home improvement loan to pay their share of the project. United Wind also offers the option of 0 percent down and monthly financing in a lease.
The company owns the turbine and leases it to the property owner. United expects it will access about $30,000 in incentives from the New York State Energy Research and Development Authority for the project.
Many of the smaller 10-kilowatt turbines, such as the one at the Schmitts’, have been popular in recent years for farms. There are three in Gaines for fruit farmers: Watt Farms, Kast Farms and Jim Kirby Farms.
But more residential users are trying the projects as electric rates rise, said Stuart Adler, head of projects for United Wind.
“We anticipate more price escalations in electricity so this will become more attractive,” Adler said. “Wind is a fixed cost. It won’t go up.”
The turbine has three blades and stands atop a 140-foot-high lattice tower. With the motor and blades, the system peaks at 153 feet high.
Mr. Schmitt, a lieutenant with the state police, expects a payback through electric savings within seven years. His National Grid bills are forecast to fall to $35 a month. He will remain connected to National Grid with a net metering system, drawing on that company’s power when the wind isn’t strong enough to turn the turbine motor. His excess power will be sold to National Grid.
Schmitt thought his property up on hill would prove a good site.
“It’s always windy here,” he said.
This afternoon, shortly after the turbine was up, the 7-foot-long blades were spinning fast.
The wind turbine has been a popular topic among his neighbors and friends.
“A lot of people are interested,” he said. “They’re asking about it.”
For more information about United Wind, click here.
The turbine stands in the backyard of the Schmitt residence, just west of Route 98 in Albion.
By Tom Rivers, Editor Posted 26 August 2014 at 12:00 am
Photo by Tom Rivers – Don Davis Chevrolet Buick GMC dealership presents a check for $842 to Hospice of Orleans on Monday evening during the season finale of the classic car cruise-in. Joe DiBella, left, organized the series. He works as the assistant service manager at the dealerhsip. Matt Davis, second from left, owns the dealerhship. He presents a check to Marsha Rivers, Hospice development director. David Green, right, is coordinator for the cruise-in participants. He suggested they donate proceeds from a 50/50 raffle to Hospice.
ALBION – A debut classic car cruise-in series at the Don Davis Chevrolet Buick GMC dealership not only attracted owners of classic cars, but raised $842 for Hospice of Orleans.
The dealership on Route 98 in Albion started a cruise-in the first Monday in June and continued it each week until last night. About 20 cars typically participated in the cruise-ins, with a high of 42. It will continue next year, said Joe DiBella, who coordinated the event each week for the dealership.
The car cruise-in participants had a 50/50 raffle and decided to donate the proceeds to Hospice. That $421 was matched by Matt Davis, owner of the dealership, for $842 total.
David Green coordinates the cruisers, and he suggested they share the proceeds with Hospice.
“It’s a great organization,” he said. “It does so much for a lot of people and they do it quietly.”
DiBella, the assistant service manager at Don Davis, said the cruise-in series proved popular. He thanked his father Russell DiBella for helping set up each week and volunteer Elizabeth Gallo for helping line up door prizes. Nineteen businesses donated prizes for the cruise in.
