Albion

FFA in Albion, local farms deliver nearly 50,000 pounds of produce to Community Action

By Tom Rivers, Editor Posted 10 December 2022 at 12:30 pm

Photos by Tom Rivers

ALBION – Max Bentley, a member of the Albion FFA, moves boxes of ham that were donated by the Orleans County Farm Bureau for the Albion FFA’s annual food drive.

The FFA delivered 47,236 pounds of food this morning to Community Action of Orleans and Genesee.

Community Action will share that produce with 10 local food pantries, as well as at least 200 families served by the agency for the annual holiday food boxes.

FFA members Bryce Wilson, right; FFA President Sam Basinait, second from right; Daisy Reyes, and FFA alumnus Barry Flansburg help unload the food this morning.

Basinait, a senior, has been part of the food drives since she was in sixth grade. The local chapter looks forward to working with the farm community each year to bring healthy food to people in need.

Basinait said many families feel the financial pinch during the holidays and the food will take some pressure off of them.

Scott Oldenburg, Albion FFA advisor, said the chapter has a dedicated team of leadership that made calls to local farms and organized the food drive. Two of the members, Thomas Bentley and Bryce Wilson, picked up many of the boxes from local farms.

Assemblyman Steve Hawley, right, has been a reliable volunteer for many of the food drives. The FFA started the food drive in 2010 and there were 3,000 pounds the first year. In recent years, the total has consistently topped 40,000 pounds.

David Bertsch, parent of FFA member Natalie Bertsch, helps in lugging some of the heavy boxes of eggs donated by Kreher Farms. FFA members Daisy Reyes, center, and Adele Mathes.

William Plummer, front, works with Oliver Beach to unload a pallet of canned vegetables.

FFA members and Community Action staff and volunteers pose for a quick photo before unloading a truck and trailers of food.

The donations from local farms include:

  • Torrey Farms, 500 pounds of onions and potatoes
  • Intergrow Greenhouses, 1,600 pounds of tomatoes
  • My-T Acres, 3,500 pounds of cabbage and potatoes
  • Kludt Brothers Farm, 5,000 pounds of butternut squash
  • Orleans Poverty Hill Farm, 36 pounds of cheese
  • Starowitz Farms, 7,300 pounds of onions, potatoes, cabbage and squash
  • Orchard Dale Fruit Company, 5,000 pounds of apples
  • Kast Farms, 2,000 pounds of apples
  • Orleans County Farm Bureau/Save-A-Lot, 1,000 pounds of ham
  • Triple G Farms, 4,000 pounds of onions and potatoes
  • Nesbitt Farms, 4,000 pounds of apples
  • Lynn-Ette & Sons, 500 pounds of cabbage
  • Root Brothers, 4,000 pounds of cabbage
  • Panek Farms, 3,400 pounds of squash
  • Martin Farms, 3,000 pounds of squash
  • Kreher’s, 1,350 pounds of eggs
  • Stymus Farms, 50 pounds of potatoes
  • Lake Ontario Fruit also donated boxes and plastic to wrap the boxes

10 families get to Shop with a Cop at Walmart in Albion

By Tom Rivers, Editor Posted 10 December 2022 at 11:57 am

Photos by Tom Rivers

ALBION – Orleans County Sheriff’s Deputy Savannah Tackley joins Violet Schening and her mother Julie Schening of Albion this morning for “Shop with a Cop” at the Albion Walmart.

The store contributed a $4,000 grant to the Sheriff’s Department for the program that paired Sheriff’s employees with children and their families to pick out items to help their families or be given as gifts for a family member.

“It’s very nice and kind for them to help out,” Julie Schening said. “It’s sweet and I hope I can help out next year.”

Sgt. Don Draper, in front, and Lt. Steve Fox head to the check out lane with two of the children this morning.

Brandon Langmaid of Albion and his twin 8-year-old sons, Nayden and Nolan, check out after going shopping. Langmaid said he appreciated being part of “Shop with a Cop.” Deputy Shannon Brett is at left.

Sheriff Chris Bourke and Deputy Shannon Tackley pose with Santa Claus. Sheriff Bourke thanked Walmart for supporting the event the past several years.

The Orleans County Office of Child and Family Services also assists in the event.

Dawn Basinait, first class sergeant at the Orleans County Jail, shopped with June Moore of Albion.

Deputy George Barton joined a young shopper in looking for Christmas presents.

39 Problems, bar and restaurant in Albion, reopens on Main Street

Photos by Tom Rivers: 39 Problems reopened today at 11 a.m. under a new owner. Pictured from left include Melissa Stornelli, Madison Flor, Kent Bane, Keith Sidari, Dan Freidly and owner Randy Ruhlman.

By Tom Rivers, Editor Posted 9 December 2022 at 4:34 pm

ALBION – 39 Problems is back on Main Street in Albion.

Randy Ruhlman, owner of the Fitzgibbons Public House, has reopened the Albion business after it closed on July 6, 2020.

Previous owners, Adam and Tina Johnson, closed the business after Covid restrictions proved to be the final problem that was too much to withstand. The Johnsons named the business 39 Problems because it was very challenging to rehabilitate a historic building and launch the restaurant and bar.

Ruhlman bought the business in November 2020. He retired as facilities manager for Bausch & Lomb in Rochester on Aug. 26.

He did that job while running Fitzgibbons and getting the Albion business ready.

Today is the soft opening. Ruhlman said the restaurant is starting with a smaller menu but will add more selections in early 2023. He also expects to have live music and other events in the new year.

He sees 39 Problems and Fitzgibbons as sites that add energy to the downtowns, offering quality food without being too fancy.

“We are looking to promote more events in both villages,” Ruhlman said today. “There are a lot of good things in both villages but people tend to focus on the negatives.”

Melissa Stornelli and Kent Bane both worked at 39 Problems before it closed and are happy to be back.

Melissa Stornelli worked at 39 Problems before and is back on staff.

“I’m glad he bought it and is doing something with it,” Stornelli said about Ruhlman. “He has a lot of good ideas.”

Ruhlman also reached out to Kent Bane, the site’s previous chef, to come back and Bane was eager to join the new team at 39 Problems.

“It’s good for the community because this brings a lot of action on the street,” Bane said. “There hasn’t been anywhere to dine in and have a drink.”

Keith Sidari is one of the restaurant’s new employees. Sidari went to culinary school at Johnson & Wales in Providence 10 years ago and was working as a chef at a resort in Bershire County, Massachusetts.

Sidari, the son of Amy and David, welcomed the chance to come home and be near his family.

He said 39 Problems will be developing specials and a longer menu as it sees what is popular with customers.

Albion offers prizes for ‘Deck the Town’ decorating contest

By Tom Rivers, Editor Posted 8 December 2022 at 5:11 pm

Photo by Tom Rivers

ALBION – This house in Albion at the corner of Liberty Street and West Park Street is decorating for the holiday season.

The Albion Merchants Association is running its third annual “Deck the Town” contest, encouraging people to decorate their homes.

The prizes in the form of gift cards from the Albion merchants Association include $200 for 1st place, $100 for 2nd place and $50 for 3rd place.

Entrants should instant message a photo to the Albion Merchants Association Facebook page or email a photo to albionmerchantsassociation@gmail.com and the AMA will put in it a photo album on the group’s Facebook page.

The photos with the most “likes” by Dec. 24 will win.

2 lighted parades set for Saturday in Albion, Barre

Photos by Tom Rivers: Shaw Farms in Byron joined the lighted tractor parade on Dec. 12, 2020. The parade included trucks, tractors and smaller all-terrain vehicles.

By Tom Rivers, Editor Posted 8 December 2022 at 1:34 pm

There are two lighted parades scheduled for the same time on Saturday – 5:30 p.m.

Organizers of the parades in Albion and Barre believed they put out sufficient notice to not have conflicting parades.

Cyndy Van Lieshout, one of the organizers of the Barre parade, said a lighted tractor parade is a celebration of the town’s agriculture and gravel businesses.

The parade starts near the Van Lieshout farm on East Barre Road and then heads north of Route 98 to the Barre Town Park, where cocoa and cookies will be served.

She said the first four tractor parades were scheduled for the second Saturday in December, although last year’s was cancelled due to powerful winds. Barre didn’t have a backup date in 2021 with the state Department of Transportation.

The Barre Betterment Committee this year applied for Sunday as a backup day in case of bad weather. But Van Lieshout said Saturday looks like ideal conditions with no snow and a high of 37.

The lighted tractor parade is the only one Van Lieshout knows of in this area. She heard about a similar one out west. There are usually at least 20 participants for the Barre procession.

No preregistration is needed. The tractors should show up by 5:15 p.m.

“It’s sad for the families that they can’t go to both,” Van Lieshout said about the two parades. “We pull a different crowd. We’re celebrating agriculture and gravel pits. It fits into our lifestyle.”

She is pleased the community looks forward to the tractor parade.

“Whatever it takes to get people involved in our town,” she said. “It’s supposed to be gorgeous weather.”

A participant in Albion’s debut light parade last Dec. 17 drives down Main Street. There were 30 vehicles decorated for the parade about a year ago.

Susan Oschmann is the main organizer of the Albion parade, which starts at 5:30 from the Arnold Gregory parking lot on South Main Street and then heads north to the downtown, turning right on East Bank Street.

Albion had its debut light parade last year on the third Saturday in December. There were 30 participants, including some tractors.

The parade this year is scheduled during Albion Hometown Holiday event, which includes many activities from morning through the evening.

Oschmann said 23 participants were signed up for “Santa’s Hometown Parade” as of Wednesday and more are welcome. She will accept them until midday Dec. 10 to be announced at the judges’ reviewing stand in the downtown. But last-minute participants can still show up for the parade. They are asked to start assembling in the Arnold Gregory lot at 4:30 p.m.

To register for the parade email susanoschmann@gmail.com for an application.

Oschmann said people who go to Barre’s parade are welcome to come to Albion afterwards for live music with the West Side Drive Band beginning at 6 p.m., pictures with Santa, a wine-tasting, hot cocoa, food from the Lions Club, and a petting zoo by the Christmas tree in Waterman Park.

“Whether people choose Barre or Albion for the parade you’ll have a wonderful time,” Oschmann said. “After either one, come down and enjoy the holiday at the square.”

Many of the activities will be in the closed off area on Main Street between Bank Street and Beaver Alley. The Main Street lift bridge was closed last month for an 18-month construction project.

Oschmann would like to see the event planners for the community festivals get together quarterly in the future to compare dates for their events.

Albion home for 6 people damaged by fire on Clarendon Street

By Tom Rivers, Editor Posted 8 December 2022 at 12:40 pm

Photos by Tom Rivers

ALBION – Barre and Albion firefighters work to put out a fire at 147 Clarendon St. today at about noon.

Firefighters were dispatched to the scene at 11:39 a.m.

One of the residents called to report smoke was coming out of the side of the house.

The home is owned by Andrea Roman. She said six people live there as well as four cats. No one was injured in the fire and the cats are fine, although the cats are “freaked out” by the commotion, Roman’s son said.

Firefighters suspect an electrical fire in the mud room caused the fire, but an official cause hasn’t been determined yet. An Orleans County fire investigator is on the scene.

2 more dogs complete training at Albion Correctional, ready to be adopted at PAWS

By Tom Rivers, Editor Posted 7 December 2022 at 6:22 pm

Provided photos

ALBION –  Two dogs, Thelma and Louise, completed a training program at Albion Correctional Facility.

Dawn Spencer (pictured with the two dogs) is owner of Eye of Oden K9 Training in Kent. She led the training as a volunteer. She has 25 years of experience in dog training.

The program is in collaboration with PAWS Animal Shelter and Albion Correctional Facility. The facility has allowed dogs and trainers since 2019.

Albion Correctional welcomed two rescue dogs, Thelma and Louise, on Aug. 31. Thelma and Louise are 7-month-old Labrador mixes.  They are sisters who are very intelligent and learned all the training and then some, said Krista Vasile, deputy superintendent for Program Services at Albion Correctional.

Throughout eight weeks, two teams of three incarcerated individuals served as handlers for the dogs. Spencer visited the facility once a week to put the puppies through the AKC S.T.A.R Puppy Program.

The S.T.A.R. stands for Socialization, Training, Activity and Responsible owner – the pillars of getting puppies off to a good start. Both dogs successfully completed the S.T.A.R. and graduated on Oct. 31.

They are currently available for adoption at PAWS on Gaines Basin Road in Albion. Adoption applications are available at paws14411.com.

The program not only helps the dogs, but it also provides secondary social/emotional benefits to the incarcerated individuals.

Albion alumni, students join for annual community Christmas concert

By Tom Rivers, Editor Posted 6 December 2022 at 9:47 pm

Photos by Marsha Rivers

ALBION – About 200 people attended the Christmas in the Neighborhood concert on Sunday, an event that is a partnership between Albion Alumni Foundation and the First Presbyterian Church.

Santa was one of the attendees, shown here sitting next to Steve LaLonde.

Joe Condoluci (’12), middle; Susan Boring (’81), right; and Mike Thaine (’86), left performed “O Christmas Tree” as the Christmas Bones Trombone Trio.

Concert-goers attended the event in one of historic churches at the Courthouse Square.

Photos by Sue Starkweather Miller

(Left) Ethan Ferchen (’21) sang “12 Days of Christmas.” (Right) Jennifer Trupo sang “Jesus Born on This Day.”

This year’s theme for the concert:  “A Merry Little Christmas.”

Concert organizers are Gary Simboli, Mike Thaine, Sue Thaine and Sue Starkweather Miller.

Proceeds go to the Albion Alumni Foundation and First Presbyterian Church for hosting/coordinating the event.

The Albion High School Clarinet Choir led by director Mike Thaine performed “Jesu Bambino.”

Thaine also performed “Silent Night” on the euphonium.

Travis Klossner (’08) played the trumpet to “O, Holy Night.” His wife Janet Miller Klossner (’05) also performed and sang “Breath of Heaven.”

Marlene Seielstad (’85) performed “Love Has Come.”

The Albion High School Choir sang “Sure on This Shining Night.”

Hannah Brewer (’20) sang “Man with the Bag.”

Other performers included: Gary Simboli (’81) who sang “Have Yourself A Merry Little Christmas” and “Jingle Bells”; Jason Pahura (’08) who performed “Christmas Time is Here” on his guitar; Alec Sherman (’68) who led a Christmas Sing-Along – “Joy to the World,” “Hark the Herald Angels Sing,” “Angels We Have Heard on High'” and “Holly Jolly Christmas.”

Karen Kenney Conn (’86) also sang “I’ll Be Home for Christmas.” The Albion Presbyterian Church Choir, led by Pastor Sue Thaine (’86), performed “All You Are” and “Gonna Sing About a Baby.”

The Albion Community Choir closed the show with the “Hallelujah Chorus” from Messiah.

Community Action announces contest to help rename Main Street Thrift Store

By Ginny Kropf, correspondent Posted 4 December 2022 at 8:05 am

Photo by Ginny Kropf: Community Action’s Main Street Thrift Store is packed with merchandise, from clothing and jewelry to toys, furniture and more.

ALBION – Community Action’s Main Street Thrift Store is launching a new contest to rename the store. Their goal is to have a name that reflects all the store has to offer.

“Community Action has been working hard to update our programs and get the word out about the important services we provide to help people become self-sufficient and achieve financial security,” said Renee Hungerford, executive director of Community Action of Orleans and Genesee. “I moved from Buffalo to Orleans County in the early 1990s, and until I joined this agency I was not aware of all the good things we do.”

Earlier this year, Community Action asked a professional public relations person for advice on how to better make the community aware of what they offer, Hungerford said.

“When he walked into our Main Street Thrift Store, he was shocked,” she said. “He said it was not at all what he expected and it didn’t seem like a thrift store. He suggested we run a contest to change the name to something that is fresh and new and helps people to know it is not just a thrift store. No one would know better than our customers.”

The public is encouraged to help Community Action find a new name for its store. The contest runs until the end of the year and entries can be submitted either in person at the front register or on their Facebook page (Albion Main Street Thrift Store.) The winner will not only have the name they suggested on the front of the building, but will also receive a $50 gift certificate to the store.

There is also a social media contest to like and share the post regarding the contest from their Facebook page, where a winner will be randomly drawn to win a $25 gift certificate, said Cassie Eagle, manager of the Main Street Store.

The Main Street Store opened in downtown Albion about 20 years ago, and moved to 131 South Main St. in October 2014 to have more space and house more services for the community, Eagle said.

Photo by Tom Rivers: Community Action of Orleans & Genesee opened of the Main Street Thrift Store in October 2014 at the former American Legion at 131 South Main St.

“We continue to add to the services we have here at this location, so changing the name would aid in our continual progression the store,” she said.

Eagle has been working at the store for two years, having started as classroom instructor for the Credit Recovery Program, where she works with high school students on credits they need to recover to graduate. Later, she took on a second role in online sales, where she maintained an online store for eBay sales through the Main Street Store. She took on the role as store manager earlier this year when Michelle George retired. Eagle continues in her previous roles, as well.

The Main Street Store offers a variety of quality clothing and shoes for men, women and children. Many professional women outfit themselves for work at the store. The store also carries jewelry, toys, books, puzzles and games, accessories and electronics. A special holiday section is always full of decorations and items for the current holiday.

In addition to awesome bargains on all that merchandise and the Albion High School Credit Recovery classes, the public can get GED preparation; take part in a Dress for Success program, which provides clothing to look the best in a new job; receive job application assistance; get employment training with Job Development for re-employability; have interview training; and explore volunteer options for community service.

The Main Street Thrift Store, 131 South Main St., is open from 10:30 to 5 p.m. Wednesday through Saturday.

Albion village, police union settle pay dispute with officers

By Tom Rivers, Editor Posted 3 December 2022 at 1:31 pm

Photo by Tom Rivers: A police vehicle is parked outside the police station on Platt Street.

ALBION – The Village of Albion and the union representing Albion police officers have reached an agreement over a dispute where some village officials contended a miscalculation resulted in overpayments to officers for $236,000 over five years.

The village won’t seek to recoup those funds, and will pay back reduced paychecks for one pay period in June when the Mayor Angel Javier Jr. first insisted there was an error in the calculation for the hourly rate, resulting in overpayments of about 5 percent.

The village will pay $7,500 for the union’s legal fees to Bartlo, Hettler, Weiss & Tripi of Buffalo. And current officers will receive a “one-time ratification payment” when the union withdraws its grievance against the village and an “improper practice charge.”

The one-time ratification-inducement payment will be over $1,000 for most of the officers. That amount will be determined by taking 1/8 of the hourly salary and multiplying it by 104, and then again by 3. For example, if the hourly rate is $30, the payment would be $1,170.

The agreement also provides for officers to be paid for any pre- or post-shift briefings for 15 minutes prior to the start of their shifts beginning or ending at either 6 a.m. or 6 p.m.

“The agreement protects the taxpayers,” Javier said today. “It allows the village and the union to come to a final resolution without any multi-year litigation battle.”

While officers will be paid for pre- and post-shift briefings, the agreement doesn’t provide any “doffing” compensation for time spent changing clothes and washing at the beginning and end of shifts. Officers can change into and out of their uniforms at their residence or at a village changing facility, the agreement states.

The agreement also states that the officers’ hourly rate will be determined by dividing the annual salary by 2,080 hours and not 2,184 hours.

The officers will receive back pay in the one period where wages were reduced about 5 percent when the hourly rate was determined by dividing the salaries with 2,184 hours per year instead of 2,080 hours.

“The agreement also clears up any ambiguity going forward,” Javier said.

A CPA firm in July concluded a forensic audit, looking at officers’ pay checks over five years, and concluded the village paid $236,000 in overpayments.

The Bonadio Group said the village made an error in determining the hourly pay rate. The firm said the annual salaries should have been divided by 2,184 hours. That’s 84 hours multiplied by 26 weeks.

The village shifted from having officers work five 8-hour shifts a week to 12-hour shifts in July 2016. With the 12-hour shifts officers worked seven shifts every two weeks for 84 hours of straight time. The change was made to reduce overtime in the police department and to give officers more days off. (Officers aren’t eligible for overtime until they exceed 84 hours over two weeks.)

When the village made the change with the new shift schedule, it used the hours in a 40-hour week or 2,080 for the year. When the salary was divided by 2,080, instead of 2,184, the hourly rate was about 5 percent higher than it should have been, Bonadio said.

The firm’s report said 15 officers were overpaid ranging from $650 to a maximum of $27,000.

Deputy Mayor Joyce Riley said the village was in a difficult position and couldn’t just overlook the overpayments.

As part of settlement negotiations, the officers’ union raised other issues with sick days, vacation days and compensation for pre-shift and post-shift briefings that would have exceeded the $236,000 in overpayments, Riley said.

The village board chose to reach the agreement and not seek the overpayments, while the union backed off on most of the other concerns. The board believed it was a fair compromise.

“The other issues the PBA (Police Benevolent Association) brought up that were longstanding,” Riley said. “If we knew about them we would have addressed them.”

Riley and Javier both said they are thankful the matter is settled.

“We attempted to address a very real issue,” Riley said today. “It is resolved so we can move forward.”

New historic marker in Albion honors Henry Spencer, U of R’s first Black student

By Tom Rivers, Editor Posted 3 December 2022 at 9:06 am

Photo by Tom Rivers

ALBION – A new historical marker was installed last month on Chamberlain Street in Albion, near Temperance Street.

The marker honors Henry A. Spencer, an Albion native who was the first African-American student at the University of Rochester. The marker is by the childhood home of Spencer on Chamberlain Street.

Spencer was a pall bearer for Frederick Douglass’s funeral, a member of Frederick Douglass Memorial Committee, and secretary for the NYS Assembly.

Photograph of Henry Spencer, courtesy of the University of Rochester

The $1,500 cost for the marker was paid for by the Pomeroy Foundation. The effort was spearheaded by Tim Archer’s seventh-grade service learning class at Albion Middle School.

The Albion Department of Public Works installed the new marker.

Spencer’s father came to Western New York with local Union army officers at the conclusion of the Civil War. The father, Henry Spencer, arrived in Orleans County with Lt. Hiram Sickels of the 17th New York Light Independent Artillery sometime around 1866, and then brought his wife and children to the area, former County Historian Matt Ballard wrote in a column published on Feb. 22, 2020.

One of Spencer’s sons, Henry Austin, worked as an errand boy as a teen-ager and also attended local schools, but only for about three months out of the year. He would then attend a boarding school in Philadelphia and then the Brockport Normal School where he graduated in 1880 as the Gamma Sigma orator, an honor that earned him a full scholarship to the University of Rochester.

After the U of R, he studied law under the Hon. George H. Smith of Rochester. Spencer would then be appointed to a position in Albany in the speaker’s room thanks to a former University of Rochester classmate, Hon. James M. E. O’Grady, according to Ballard’s research.

When S. Fred Nixon assumed the role as speaker of the State Assembly, Spencer was appointed as Nixon’s confidential clerk, a position which he continued to hold through the tenure of the Hon. James Wadsworth, Jr.

“Upon his retirement in 1929, he had served in government for over 30 years and worked for a period of time under Governor Alfred E. Smith and other prominent state officials,” Ballard wrote. “At the time of his death on September 25, 1935 in Rochester, he was one of the area’s more prominent African-American citizens. He was a past grand master of the New York State Colored Masons, an organization which consisted of over 2,000 members across New York.”

Lions youth organizations purchase $1,300 of food for local ministries

By Tom Rivers, Editor Posted 1 December 2022 at 8:53 am

Provided photos

ALBION – A $1,300 grant from the Lions Club allowed the Leos student clubs in Albion and Lyndonville to purchase $1,300 of food to be shared with Hands 4 Hope, Orleans Koinonia Kitchen in Albion and the Royal Body Shop Outreach Ministries. The Leos, Lions Club members and leaders from the three ministries went shopping on Tuesday at the Save A Lot in Albion to purchase the food.

Pictured from left include Hannah Marker with Lyndonville Leos; Alyssa Prime with Lyndonville Leos; Brianna Smith with Lyndonville Leos; behind them is Gina Marker, Lyndonville Leos advisor; Mike and Faith Smith with Orleans Koinonia Kitchen; Jake Stinson, Albion Leos advisor; Amber Stinson of Albion; Kevin Lemcke with Hands 4 Hope; Jack Burris with Hands 4 Hope; Dan Conrad, regional chair of the Leos; Isla Deboard with Albion Leos; Liam Matthews with Albion Leos; Freedom Matthews with Albion Leos; Alexis Stinson of Albion; Jeff Holler with Royal Body Shop Outreach Ministries; and Dora Leader with Albion Save A Lot.

Alyssa Prime, center, pushes the shopping cart while joined by Gina Marker, Leos Club advisor in Lyndonville, and Mike Smith, one of the leaders of the Orleans Koinonia Kitchen.

The Koinonia Kitchen serves meals to the community every Thursday at Harvest Christian Fellowship at 560 East Ave.

Liam Matthews of Albion joins Jack Burris of Hands 4 Hope at the checkout line after they filled carts with spaghetti sauce and peanut butter. Hands 4 Hope goes to different locations in the county each Saturday offering food, clothing and prayers.

Jeff Holler, right of the Royal Body Shop Outreach Ministries, is joined by Brianna Smith of Lyndonville and Isla DeBoard of Albion. The Royal Body Shop runs a food ministry in Albion, including a community refrigerator outside Arnold’s Auto Parts at 116 North Liberty St.

Attorney General sues nursing home in Albion, alleging owners misused $18 million in government funds

Posted 29 November 2022 at 12:45 pm

‘The abject failure of The Villages and its owners to uphold their duty under the law caused residents to suffer inhumane treatment, neglect, and harm.’ – Letitia James


Press Release, Attorney General Letitia James

File photo by Tom Rivers: The owners of The Villages of Orleans Health and Rehabilitation Center in Albion are accused by the state’s attorney general of inhumane conditions for some residents at the 120-bed facility on Route 31.

NEW YORK – New York Attorney General Letitia James today filed a lawsuit against Comprehensive at Orleans LLC doing business as The Villages of Orleans Health and Rehabilitation Center, a nursing home in Albion, for years of financial fraud that resulted in significant resident neglect and harm.

Following an extensive investigation conducted by the Office of the Attorney General, the lawsuit — filed against the owners, operators, and related companies — demonstrates how the owners took advantage of the state’s Medicaid program to increase their personal profits, rather than use those funds for the intended purposes of staffing and patient care.

“Every individual deserves to live out their golden years in comfort and with dignity,” said Attorney General James. “Yet the abject failure of The Villages and its owners to uphold their duty under the law caused residents to suffer inhumane treatment, neglect, and harm. Instead of investing in staffing and resources, the owners allegedly disregarded laws designed to protect residents. I will continue to monitor nursing homes and residential care facilities statewide to ensure the safety of our most vulnerable communities. I encourage anyone who has witnessed alarming conditions, resident neglect, or abuse at a nursing home to contact my office.”

Under New York law, owners of nursing homes have a “special obligation” to provide a high level of care and quality of life for residents, and to ensure the facility is sufficiently staffed so as to provide that care. The Villages’ owners failed in their duty to residents by engaging in a scheme to divert funds away from the facility to increase their own personal profit, drastically cutting staffing at The Villages to do so. With this lawsuit, OAG seeks to compel the owners to return all funds fraudulently received, to appoint a receiver and financial monitor to stop the self-dealing and a healthcare monitor to improve care, and to require The Villages to stop admitting new patients until further notice.

The owners wove a complicated web of fraud, using their ownership stakes in multiple companies to turn The Villages into a profit machine. The named respondents in the complaint are The Villages of Orleans LLC; Telegraph Realty LLC, which owns the real property where The Villages is; CHMS Group LLC, which provides administrative services to The Villages; and ML Kids Holdings LLC, which received over $1.5 million in cash transfers from Telegraph.

Also named are individual owners, including the sole official owner of The Villages, his three sons-in law, his daughter-in-law; three undisclosed owners of The Villages; and the owners of Telegraph Realty LLC. Together, these individuals are referred to as the “owners.”

Financial Scheme

In January 2014, the owners formed Telegraph for the sole purpose of buying the real property on which The Villages sits, which they did a year later in January 2015. The Villages has since paid “rent” to Telegraph. CHMS was formed in January 2015, and The Villages has since paid CHMS for administrative services, including accounting, insurance billing, and payroll.

From 2015 through 2021, The Villages received $86.4 million in funding, including millions in taxpayer dollars from Medicare and Medicaid, intended to provide quality healthcare to vulnerable residents.

Instead, the owners cut staffing to increase their personal profits. By making payments to Telegraph and CHMS, and by making other transfers to themselves directly and indirectly, the owners were able to divert $18.6 million — more than 20% of The Villages’ operating budget. When the Villages was owned by Orleans County, the facility’s nursing home rating from the Centers for Medicare & Medicaid Services (CMS) was three out of five stars. In April 2015, just four months after the owners purchased The Villages, CMS decreased the rating to one star, the lowest possible rating.

Devastating Consequences

The OAG asserts in the suit filed today that The Villages’ reprehensible history of insufficient staffing and low quality of care is directly traceable to the owners’ financial scheme. Residents were subject to repeated abuse and neglect as the most basic functions of care were abandoned.

Residents were forced to sit in their own urine and feces for hours; suffered malnourishment and dehydration; developed sepsis, gangrene, and other infections due to gaping bed sores and inadequate wound care; endured medical toxicity and unexplained doping; and sustained falls and other physical injuries. Some of these abuses, including other unmonitored or undocumented circumstances, resulted in hospitalization and even death.

The lawsuit’s allegations include:

A woman was admitted to The Villages in January 2021 with a Stage II bed sore which was not treated for more than two weeks. Six months later, in June 2021, she suffered from two Stage III bed sores and an external wound care consultant ordered a new treatment, which The Villages did not implement until a week later. By July, both wounds had advanced to the point of being “unstageable.” A friend of the woman told OAG she received more than 1,000 texts asking for help with basic necessities like using the restroom or getting food and water. One text reported she had been “lying in a dirty diaper for hours,” and another lamented, “I just need a glass of water.” The Villages gave the resident psychotropic medications for severe anxiety, though there was no such diagnosis in her medical records. She was found unresponsive on July 13 and sent to the hospital, where she died.

A woman admitted to The Villages in January 2020 for rehabilitation of a broken leg soon began refusing her food and medication and spoke of wanting to die. An external psychological consult determined she was at high-risk for self-harm, and ordered staff check on her every 30 minutes. The Villages failed to monitor the woman, and she was found dead in early February 2020, less than a month after she was admitted. Her death was not reported to the New York State Department of Health (DOH) as required by law.

A man was admitted to The Villages in November 2020 to rehabilitate after a leg amputation, so he could gain enough strength to use his prosthetic and live independently. During his three months at The Villages, he had only a handful of physical therapy sessions, during which he was often left to sit without exercise or assistance. Due to his amputation, he required help with cleaning and caring for himself, but staff frequently failed to change his diaper in a timely manner, leaving him to often spend hours sitting in his own urine. He now resides in a different facility and is making great progress.

COVID-19 Pandemic

Residents’ low quality of life and unacceptable level of care further worsened with the onset of the COVID-19 pandemic as The Villages’ already stretched thin staff was forced to work even longer hours. Notably, management at The Villages tried to keep positive COVID-19 cases secret, and either delayed or entirely neglected to enforce proper protocols for quarantining infected residents. The owners forced staff to report to work even when they were sick, provided little to no personal protective equipment, failed to implement infection or isolation protocols, and did not report positive COVID-19 cases, resulting in unnecessary and preventable deaths.

A Licensed Practical Nurse at The Villages disclosed that the facility had its first COVID-19 case on March 30, 2020. Though the individual’s chart noted he’d had a fever for three days before he tested positive, nothing was done to prevent further spread of the virus.

The Villages was so short staffed that employees were caring for residents who were both positive and negative for COVID-19 without following any quarantine protocols. As the pandemic progressed, COVID-19 positive employees, forced to report to work despite being sick, mixed with COVID-19 negative residents, and all residents intermingled regardless of infection status. Employees were told that if their temperature check indicated they had a fever, they were to go outside for an hour and come back to take their temperature again.

Rather than hire enough medical staff qualified to deliver the level of care that nursing homes are required to provide, the owners instead expected Certified Nursing Assistants to perform work they were not licensed to handle. Staff and other witnesses reported times when The Villages was dangerously understaffed, such as an overnight shift where just four employees were on hand to care for all residents in the 120-bed facility. Despite this, the owners prioritized increasing resident admissions at The Villages in order to drive up revenue — even when the facility was providing substantially fewer hours of nursing care per resident than the state’s safety average, adding to the dangerous environment.

Remedies

The OAG found that the owners engaged in repeated and persistent fraud and illegality in operating The Villages, including a systemic, intentional pattern of understaffing. These actions stripped residents of their dignity and caused physical and emotional harm, while enabling the owners to reap enormous profits. In her lawsuit filed today, Attorney General James seeks to:

  • Remove David Gast, Sam Halper, and Ephram Lahasky from their ownership and managerial roles at The Villages;
  • Prohibit The Villages from admitting any new residents unless and until staffing levels meet appropriate standards;
  • Require The Villages to engage and pay for a receiver and a financial monitor to oversee the facility’s financial operations;
  • Require The Villages to engage and pay for a healthcare monitor to oversee the facility’s healthcare operations and ensure residents’ outcomes improve;
  • Direct each respondent to fully disgorge any and all funds wrongfully received as part of the scheme; and
  • Order all respondents with the exception of The Villages to reimburse New York state and the United States for the cost of the investigation.

Respondents

The named respondents in the complaint are Bernard Fuchs, supposed sole official owner of The Villages, his son and daughter-in-law Gerald and Tova Fuchs, and his sons-in-law Joel Edelstein and Israel Freund; David Gast, undisclosed owner of The Villages; Sam Halper, undisclosed owner of The Villages; Ephram Lahasky, undisclosed owner of The Villages; Benjamin Landa and his son-in-law Joshua Farkovits; and Teresa Lichtschein and her daughter-in-law Debbie Korngut. Together, these individuals are referred to as the “owners.”

Also named are Villages of Orleans LLC, which is controlled by Gast; Telegraph Realty LLC, which owns the real property where The Villages is; CHMS Group LLC, which provides administrative services to The Villages; and ML Kids Holdings LLC, which received over $1.5 million in cash transfers from Telegraph and is controlled by Ephram Lahasky.

Though all official paperwork associated with The Villages represents the facility is owned entirely by Bernard Fuchs, OAG’s investigation revealed he had a very limited role. In reality, David Gast, Ephram Lahasky, and Sam Halper owned, managed, and controlled The Villages.

Attorney General James has been investigating nursing homes throughout New York state based on concerns of patient neglect and other conduct that may have jeopardized the health and safety of residents and employees, both before and during the COVID-19 pandemic. In January 2021, Attorney General James released a report revealing that many nursing homes were ill-equipped and ill-prepared to deal with this crisis because of poor staffing levels and a lack of compliance with infection control protocols. Today’s lawsuit is a direct result of those investigations, some of which are still ongoing.

Attorney General James encourages anyone with information or concerns about alarming nursing home conditions, resident abuse, or neglect to file confidential complaints online or call the MFCU hotline at (833) 249-8499.

The investigation was conducted by a multi-disciplinary team from the Medicaid Fraud Control Unit, including Assistant Attorneys General Maura O’Donnell, Soo-Young Chang, Kathryn Heim Harris, Jared W. Goldman, and Thomas Schlief; Medical Analyst Jennifer Cronkhite, RN; Detective Supervisor James Zablonski and Detective Jaimie Krzyskoski, supervised by Deputy Chief William Falk; Principal Auditor-Investigator Milan Shah and Regional Chief Auditors Mary Henry and Dejan Budimir; and Research Analyst Brandon Andrews; the investigative teams were supervised by Assistant Attorneys General Alee N. Scott and Thomas O’Hanlon; MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. MFCU is a part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy.

Attorney General James thanks the New York State Department of Health and Human Services Commissioner Mary T. Bassett; the United States Department of Health and Human Services, Office of the Inspector General (Special Agent Kirin Hage); and the Orleans County Sheriff’s Department for their assistance in this investigation.

Medicaid Fraud Control Unit’s total funding for federal fiscal year (FY) 2023 is $65,717,936. Of that total, 75 percent, or $49,288,452, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $16,429,484 for FY 2023, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding.

Albion students make ornaments, decorate Christmas tree at village office

By Tom Rivers, Editor Posted 29 November 2022 at 10:26 am

Photos by Tom Rivers

ALBION – Albion fourth-graders in the Student Leadership Council are in the village office this morning, decorating the Christmas tree.

Students in third- fourth and fifth grade made ornaments for the tree in their art classes. About 360 of those ornaments were placed in the big tree in the foyer of the village office, and on another smaller tree in the board room.

Heberle Farms in Hamlin donated the tree, a Douglas Fir.

Ma’hari Goddard, a fourth-grader, picks out ornaments for the tree.

Marty Zwifka, an Albion DPW employee, gets the ornaments up high on the tree.

Photo from Albion Central School: The students and their teachers pose with village officials after the tree was decorated. The students then went on a tour of the village office, including the police station.

Lyman, former Swan Library director, recalled as ‘pillar’ for Albion community

By Tom Rivers, Editor Posted 29 November 2022 at 9:11 am

Photo by Tom Rivers

ALBION – A portrait of Evelyn Lyman was displayed prominently in Hoag Library in Albion on Monday, a day after the death of Lyman at age 97. The painting was donated to the library by Lyman’s son, Nathan. Linda Bucklin of Lyndonville is the artist who created the portrait.

Lyman served as the director of the former Swan Library for 25 years, leading the local public library from 1973 to 1998.

“She saw her mission as providing for the community,” said Betty Sue Miller, the current Hoag executive director. “She wanted to bring out the best in the community.”

Lyman pushed the make the former Swan Library more accessible and appealing for the community. Swan Library was in a former mansion and was cramped for space. A new library opened in July 2012.

Lyman had an elevator installed in the former Swan Library, and added summer youth programs. She welcomed GED classes and promoted arts and culture events. The Genesee-Orleans Regional Arts Council honored her in 2010 with a Community Arts Award “for her passionate contributions to the cultural life in the community and for her preservation efforts at the Swan Library.”

Miller said Lyman served the community in many ways. Miller remembers her presence at the library, and also at the First Presbyterian Church with the choir and as an elder and deacon. Miller and Lyman attended the same church.

“I remember her as a pillar of whatever she was involved in,” Miller said.

Lyman also was involved with scouting, Young Woman’s Service Club, Orleans County Planning Advisory Committee, Bergen Swamp Preservation Society, Albion Board of Education, the Republican Committee, and as a founding member of the Cobblestone Society, serving for many years as the organization’s president.