By Tom Rivers, Editor Posted 22 July 2024 at 9:30 am
Photos by Tom Rivers
EAST SHELBY – Don Gramlich of Oakfield leads a team of Percheron draft horses pulls a wagon full of people on a ride near the East Shelby Community Bible Church on Sunday during the annual “Old Tyme Day.”
At least 2,000 people attended the festival which offered numerous activities and food for a penny.
The church in the past 25 years or so has created a village at West Jackson Corners. The buildings housed many activities on Sunday. This photo was taken at 4:30 p.m., near the end of the six-hour festival. The crowds were much bigger earlier in the day.
Participants had a chance to make goat milk cheese, soap and goat milk fudge. Heritage activities will include horse and wagon rides, corn husk dolls, basket weaving, spinning, quilting, cheese making, candle making and woodworking.
Leo Lang, 14, of Batavia (left) and his brother Joel, 13, aim sling shots with gumballs at the giant.
The two brothers try to slay the giant with gumballs fired from sling shots.
A new barn joined the collection of buildings at West Jackson Corners. Inside the barn there was popcorn, ice cream and some sheep and rabbits.
The sign on the declares the barn as “Harvest Home – The Lord’s Barn.”
These two visit the two sheep inside the barn.
Charlie Swan keeps an eye on ice cream machines that made 20 batches with a crank. Volunteers devised an automated system so the crank didn’t need to be moved by hand.
The church also debuted a soft serve ice cream machine.
Volunteers made 325 pies and slices were a penny. The pie went fast, and was gone by about 2:30 in the afternoon.
Church members also served 2,500 hot dogs, 18 batches of soup, and lots of lemonade.
These kids sift through sand to try to find gems in one of the stations at West Jackson.
Norm Atwater of Barker leads this team of Percheron horses on one of six wagon rides available.
A choir sang many church hymns inside the East Shelby Community Bible Church during an afternoon concert.
By Ginny Kropf, correspondent Posted 1 July 2024 at 8:13 am
Sherry Wheatley plans to make her property, The Olde Grainery, available to the public
Photos by Ginny Kropf: Sherry Wheatley stands in front of the grain bin she had converted into living space at her home on West Shelby Road, a project which caught the attention of Country Sampler magazine. She will be featured in an upcoming issue.
WEST SHELBY – Four years ago, Sherry Wheatley saw a picture on Pinterest of a girl who had turned a grain bin into a farmhouse.
“My heart started racing,” Wheatley said. “I thought that would be so cool to do that.”
Sherry had a three-story barn which was falling down, she said. And her sister Linda was married into the Kirby family from Albion and Brockport, where they had grain bins. If the barn was demolished, a grain bin would fit there perfectly.
The back deck of Sherry Wheatley’s grain bin overlooks her fields, where an assortment of animals graze. Part of her new barn is visible, where more antiques await her next project. The table, set with antique china, was made with lumber from the old barn that was torn down. An old bucket on the table doubles as a vase for flowers.
When Jack and Sherry Wheatley bought their c. 1840 home on West Shelby Road 40 years ago, she admits it should have been torn down.
But, being a couple who loves anything old or country, they began fixing it up, with help from Jack’s dad Dave.
“It took us 25 years to get it where we wanted it,” she said.
Today it is an antique lovers’ paradise.
Sherry has always loved antiques and never wants to see anything thrown away. She can find a new life for almost everything.
“I go to antique sales, flea markets and garage sales and buy things that I have no idea what I’m going to do with them,” she said. “I put them in my ‘stash’ and when I’m ready to work on a project, I go to my stash and pull something out.”
Transforming a grain bin into living space would be her next – and most ambitious – project.
“I had a vision I wanted a welcoming, country, cowboy kind of look,” she said.
The first thing was to contact Ron Oleksy, her neighbor and third-generation carpenter. With her help, they tore the barn down, saving every beam and scrap of lumber.
Then she contacted the Amish community about putting up the grain bin which had to be dismantled at the Kirby farm and reconstructed at Sherry’s house.
“It took a lot of figuring how to deal with a round structure,” she said. “They had to think outside the box.”
At the end of March, Mennonite Joel Horst from Lyndonville was hired to dismantle the grain bin at Kirby’s, move it to Sherry’s house and put it back together.
“He had never done anything like that before, but he tackled it,” Sherry said. “He also built decks on the back and front.”
Newfane carpenter Jay Hughes had the job of making a table out of the barn wood. That sits on the back deck, with accent tables and stuffed chairs. Rabbit chairs at the table were purchased from a closed restaurant in Rochester. Hughes is also building a campfire pit in the yard west of the grain bin.
The front deck is furnished with antiques Sherry pulled out of her stash. Corbels from a Masonic lodge which burned in Ellicottville accent the corners. Horst was able to make a light from an old chicken feeder Sherry pulled from her stash.
“Now it has a story,” she said.
“I never look at anything and say, ‘Tear it down,’” Sherry said. “I look at it and say, ‘What can I do with it.’ I never buy anything new.”
Sherry Wheatley’s home is entirely furnished with antiques and primitives. This is a view of the kitchen/dining area of the 1840 house.
A well pulley with a bucket now sees new life as a flower pot. While visiting Norm Mundion she spotted a pile of “junk,” on which there was some metal tubing. He told her that was from the frame of a trampoline. She needed a railing for the steps down to the basement of her grain bin, and they fit the area perfectly. That is now her antique shop, called the Olde Grainery. She’d like to make a business out of it.
An antique truck with assorted rusted parts has become a lawn ornament at Sherry Wheatley’s home near West Shelby.
Mundion also contacted her about an outhouse at Mt. Pleasant Cemetery on Salt Works Road, which was rotting to pieces and covered with moss. The cemetery wanted to get rid of it, so she bought it for $1, then spent $1,500 having it rebuilt.
She admits people’s tastes change.
“When I was first married, I was in to modern, now it’s primitive,” she said.
Sherry loves to sit in her grain bin, listen to soft music and cry happy tears.
“I can’t believe it’s mine,” she said.
Her accomplishment is bittersweet, as Jack lost his battle with kidney failure in September 2022. He had Lupus and had been on dialysis for nearly a decade, waiting for a kidney donor.
“Jack was my best friend and soul mate, but I know he’s in a better place now, and I’m happy for him,” Sherry said. “I’m sure he’s looking down, proud I pulled it off.”
A few months ago Sherry sent pictures of her home and grain bin to Country Sampler magazine. They actually contacted her and spent Sunday and Monday a week ago at her home, taking pictures for a six-page feature in their spring 2025 issue.
Sherry is planning to offer her grain bin and grounds to rent for parties, showers or small weddings. She also hopes to have an open house for the public very soon, to share her labor of love.
She not only loves antiques, but has a soft spot for animals. She has two donkeys, a quarterhorse, three sheep, three goats, two pot-bellied pigs, four chickens and two rescue dogs from a puppy mill. She plans to get two llamas from Michelle Batt soon, so she can spin their fiber.
A longtime lover of anything antique, primitive or country, Sherry Wheatley has transformed her entire property with everything “old and primitive.” Here, she stands next to a reconstructed three-holer outhouse from the early 1900s she got from Mt. Pleasant Cemetery, where it was falling down and going to be demolished.
By Tom Rivers, Editor Posted 26 June 2024 at 2:52 pm
SHELBY – The 3-way battle for two positions on the Shelby Republican Committee for District 3 will go down to the absentee ballots, and possibly a coin flip if its remains tied.
On Tuesday night, after all the votes were counted for early voting, primary day and absentees thus far, Bruce Schmidt and Stephen Seitz Sr. were tied with 20. Alana Koneski was in the lead with 25.
There are nine absentee ballots that could potentially come in by the deadline on Tuesday, July 2, said Michael Mele, an Orleans County elections inspector.
He and Janice Grabowski, the other election commissioner for the county, will check with the State Board of Elections on Thursday to see the process if there is a tie for one of the committee positions.
When there was the potential for a tie in the Barre town supervisor race last November, the counsel from the state was to flip a coin if the race was deadlocked after all the votes were counted.
Mele said the local Board of Elections will do a hand count of all the ballots in the race in Shelby, and also the committee race in Yates that is close. For Yates in District 2, there are four candidates for two positions. The vote totals currently are Terry Chaffee Jr., 73; Lynne Johnson, 65, William Jurinich, 54; and Steven Colon, 30.
TOWN OF ALABAMA – The New York State Department of Transportation, in coordination with the Federal Highway Administration, today advised motorists that State Route 63 through the Iroquois National Wildlife Refuge in the Town of Alabama, Genesee County, will close to accommodate a federal culvert replacement project beginning July 1. The closure is anticipated to be in place until Sept. 1.
Motorists are encouraged to follow the posted detour that utilizes State Route 77, Gasport Road, and State Route 31. Local traffic will be able to access Route 63 up to the immediate work zone. Access to the refuge will remain open for the duration of the closure.
Motorists should anticipate travel delays and build extra travel time into their schedule. Construction activities are weather dependent and subject to change based on conditions.
Motorists are urged to slow down and drive responsibly in work zones. Fines are doubled for speeding in a work zone. Convictions of two or more speeding violations in a work zone could result in the suspension of an individual’s driver license.
By Tom Rivers, Editor Posted 19 June 2024 at 8:48 am
Students also earned certifications from BOCES
Photos by Tom Rivers
SHELBY – Bryce Mathes gives the valedictory address on Tuesday evening during commencement at the Orleans County Christian School.
Mathes is one of four graduates at the school, which is based at Alabama Full Gospel Fellowship on Route 63.
Mathes attended the school the past four years. He said he preferred the smaller class sizes over his experience at Albion.
Mathes earned a certification in computer technology at the Orleans/Niagara BOCES and he plans to enter the Air Force to be a cyber security technician.
He also was able to take many classes through Genesee Community College. He thanked his parents and the school for supporting his love of technology and for preparing him to take the next steps in his career.
The graduates toss their caps at the end of the commencement program. From left include Andrew Schmidli of Medina, Joshua Watts Jr. of Medina, Collin Peters of Medina, and Bryce Mathes of Albion.
About 75 people attended the commencement and award ceremony at Alabama Full Gospel Fellowship.
The K-12 school started in 1996 and is accepting applications for enrollment until Aug. 1. This year there were 16 students.
Leaders of the school and church pray over the four grads. In back from left are Curt Strickland, Pastor Russ Peters of Alabama Full Gospel, school administrator and principal Jodi Peters, and Michael Zaidel. The grads are, from left: Bryce Mathes, Collin Peters, Josh Watts and Andrew Schmidli.
The graduates earned equivalency diplomas that are approved by Medina Central School superintendent Mark Kruzynski.
The four all completed programs at BOCES. Mathes earned a certification in computer technology. Peters earned a welding certification and will start work with Graham Manufacturing in Batavia. Watts has certification in autobody and restoration, and Schmidli completed the advanced manufacturing and engineering program.
Josh Watts is called up to accept his diploma from Jodi Peters, the school’s administrator and principal. She also teaches ELA, Bible, history and economics.
Watts joined the school in the seventh grade and he said it made a big difference for him.
“They are very accommodating and very patient,” he said.
Andrew Schmidli poses for a photo with his diploma and the Principal Jodi Peters during the ceremony. Schmidli spent four years at OCCS.
“I got the help that I needed,” he said.
Collin Peters, another graduate, has been in the school since the third grade. His mother is the principal.
“The teachers are pretty nice and helpful,” Collin said. “The students are pretty cool.”
Jodi Peters said she assured her son she wouldn’t get too emotional when presenting him with his diploma.
“He made it very clear he doesn’t want me to become unglued,” she said during the ceremony.
Collin was presented with the Triple C award from the Attorney General’s Office, an honor for a student that exemplifies character, courage, and commitment to bettering oneself and the community.
Peters, Mathes and Schmidli all were awarded $1,000 scholarships during commencement from the Medina Area Association of Churches. Mathes also was awarded a $1,500 scholarship for academic excellence.
Russ Peters, pastor of Alabama Full Gospel, served as the commencement keynote speaker.
He praised the grads for gaining skills and maturity during their time in the school. He acknowledged they are likely feeling some anxiousness over the next steps in their livers. He urged them to turn to God and keep the Lord at the center of their lives.
Peters said the grads are free to explore, learn and take risks. They will make mistakes and struggle.
“But in the struggle you will learn to be strong,” he said. “In the struggle you will learn to overcome.”
G’Ahmeer Barnes, a ninth-grader, holds the flag for the pledge of allegiance during the ceremony.
Students in grades 1 through 11 at the Orleans County Christian School sang “Friends Are Friends Forever” by Michael W. Smith.
Photos by Tom Rivers: A group of wrestlers try to knock each other out of the ring in the opening battle royale for Empire State Wrestling’s “Spring Smash” at Medina High School gym on April 15, 2023. About 450 people attended the event in the return of the ESW to Orleans County. Previous events were held at the Orleans County 4-H Fairgrounds with 350 attending the debut event in April 2018 and then about 200 in May 2019.
By Tom Rivers, Editor Posted 17 April 2024 at 9:26 am
MEDINA – The professional wrestlers from Empire State Wrestling will be back in Medina for “Spring Smash” on April 27 in a fundraiser for the East Shelby Volunteer Fire Company.
ESW did events at the Orleans County 4-H Fairgrounds with 350 attending the first wrestling showcase in April 2018 and then about 200 in May 2019. After a break due to Covid restrictions, the wrestlers were back last year with the venue moved to the Medina High School gym. A much bigger crowd of 450 attended the event.
“We received nothing but good feedback,” said Ryan McPherson, event chairman for East Shelby. “We had our best turnout yet, and we want to make it bigger and better this year.”
The crowd reacts when Kevin Blackwood, an Albion native, is introduced during last year’s event at Medina. Blackwood, whose real name in Kevin Lockwood, flew in from Los Angeles to wrestle in front of his family and friends in Albion. Blackwood, 33, has been a professional wrestler for seven years. He also works as a tattoo artist in LA.
McPherson said local wrestlers will be in the lineup on Saturday, including Albion native Kevin Blackwood, Medina native Gavin “A Cut Above the Rest” Glass, and Jacob Miller (aka Maxx Cannon) of Medina, also known as “The Filthy One.”
Several of the fans at the wrestling event marveled about the athleticism of the wrestlers, and how physical the matches were. There were drop-kicks, body slams, jumps from the top rope and other moves. McPherson said many of the fans felt like it was WWE.
There will be familiar faces from past matches, including Frankie Feathers, who was a good guy but has turned into a “heel,” a bad guy. He continues to fire up his fan base.
One of the wrestlers appearing for the first time in Orleans County will be Adrianna Fury of Lockport, who McPherson said has a big following.
Doors open at 5 p.m. with the first bell at 6 p.m. For information on tickets, which are available online or at the door, click here.
By Tom Rivers, Editor Posted 11 April 2024 at 8:17 am
No date set for when connection from Royalton could be used
SHELBY – The Shelby Town Board has reached an agreement with the Town of Royalton to buy water from that Niagara County community at a reduced rate from what Shelby is currently paying the Village of Medina.
Royalton agreed to sell the water to Shelby for $3 per 1,000 gallons in 2024, and then $3.20 in 2025, and $3.40 in 2027, Shelby Town Supervisor Scott Wengewicz said.
Medina bills Shelby at a $5.97 rate per 1,000 gallons. Shelby still plans to buy water from Medina from the main transmission line down Maple Ridge Road and for water lines going north.
Shelby anticipates the water bought from Royalton will cover most other parts of the town from an existing connection. Shelby will soon be seeking a thorough engineering study to see how much of the town can be served from Royalton, and if booster pumps and a water storage tank are needed, and at what cost.
The water from Royalton, like from Medina, comes from the Niagara County Water District. Wengewicz said Shelby residents currently pay some of the highest water rates in the region.
Shelby officials also want to negotiate with Medina village officials about lowering the rate to provide some relief to Shelby water users, Wengewicz said.
There is no set date for when a connection from Royalton will be used, he said.
By Tom Rivers, Editor Posted 30 March 2024 at 8:50 am
Photo simulation provided by Borrego Solar System Inc.: This viewpoint from Blair Road shows two 633-foot-high wind turbines proposed off Route 63, south of the Village of Medina.
SHELBY – Town officials declined to create an overlay district that would be needed to allow two wind turbines over 600 feet tall.
Borrego Solar System Inc. has been working to have two turbines along Route 63, south of the village of Medina. The turbines would peak at 633 feet.
Borrego asked the Town Board to create a wind overlay district that would require rezoning. The board discussed the letter from Borrego during its March 12 meeting, and no board members introduced an amendment to the current zoning law.
Town Supervisor Scott Wengewicz said he didn’t support the rezoning, and the four other board members – Linda Limina, Jeff Schiffer, Steve Seitz and Eddie Zelazny – all said they weren’t in favor of making the zoning change to allow the turbines.
Borrego last month had two balloons up in an along Route 63 to show the height of two wind turbines proposed by the company. That height alarmed many members of the community. Many residents signed a petition opposing the project.
During a hearing about environmental impacts with the two turbines in September 2022, residents said the turbines would alter the landscape visually, and also potentially harm residents with shadow flicker, noise, lower property values and other impacts. They also worry the turbines are in a major migratory bird path.
The turbines as proposed would take up a half-acre and have the capacity to generate 8.4 megawatts of power.
Renewable energy projects that are more than 25 megawatts go to the state for review. Projects under 25 MWs go to review by a local government.
Wengewicz, the Shelby town supervisor, believes the project can’t move forward with the denial of the overlay district.
“They need a wind overlay district but no one was willing to do it,” Wengewicz said on Friday. “No one was interested in adopting the resolution so the project died.”
By Tom Rivers, Editor Posted 29 March 2024 at 10:04 am
Engineer says water pressure would also drop, dead-end waterlines remain
Photos by Tom Rivers: Paul Chatfield of the MRB Group says bringing in water to Shelby from the Town of Royalton would be costly to put in a new water tank, pump station and 9,200 feet of waterlines. He is speaking at a Shelby Town Board meeting on Thursday evening.
SHELBY – Shelby town officials want to see more details on whether it would be financially justified to put in new infrastructure to allow the town to buy lower-priced water from Royalton.
The town currently buys water from the Village of Medina, with a 24-inch transmission line going down Maple Ridge Road to a 3-million-gallon storage tank on 31A.
But the cost is $5.97 per 1,000 gallons to Shelby. Town Supervisor Scott Wengewicz said that is a high cost for town water users.
Wengewicz said the Royalton price would be $3, perhaps cutting water bills in half.
“I’m trying to lower peoples’ water rates,” he said. “We have some of the highest water around.”
But to get adequate supply from Royalton, the town would need to put in a booster pump station, a 250,000-gallon water storage tank and run 9,200 feet of waterlines on the west end of the town. That project was an estimated $5.4 million in 2020, engineer Paul Chatfield told the Town Board on Thursday evening.
Construction cost are up 50 percent in four years, which would put the project at about $8 million today.
The town likely wouldn’t receive grant funding for the project because it is keeping the same source of the water, with the Niagara County Water District as the supplier, Chatfield said. The change would be with Shelby buying from Royalton instead of Medina.
Town Supervisor Scott Wengewicz, left, wants a more detailed study on the costs. He believes the lower-priced water from Royalton could make the project worthwhile. Town Board member Steve Seitz is at right.
The federal government gives preference in funding projects if the water goes to residents on wells with contaminants or if there is a lack of quantity and poor water quality, said Scott Mattison, an engineer with MRB.
If the town had a consent order from the Department of Health or Department of Environmental Conservation that would help with a grant application to help pay for public water, Mattison said.
Shelby’s push to put in infrastructure for water from Royalton isn’t focused on improved water quality.
“Your just switching who you pay,” he said. “It’s the same source.”
(The Town Board would like to expand waterlines to serve areas on wells – Sanderson Road, Martin Road to Bigford, and a section of Salt Works Road to Hemlock Ridge Road.)
Wengewicz said if the town was able to get water from Royalton, Shelby would continue to use Medina for Maple Ridge Road and properties north of Maple Ridge. He would like a hybrid system, with water from medina and Ridgeway.
The engineers from MRB said the two systems have vastly different water pressure in the lines. Medina’s is about 80 pounds per square inch while Royalton is about 40 PSI. The Royalton system would need a significant pressure booster to match Medina’s. If Medina’s dropped down to 40 PSI the existing customers would notice the weaker water pressure and wouldn’t be happy about it, Chatfield said.
The weaker pressure would also impact the fire flow in the system, he said.
“This it not a simple switch,” Mattison said about changing over some of the system to Royalton water.
The town’s water system currently has several dead-end mains which require flushing. Using all that water to flush out the lines is costly, Wengewicz said.
The town buys about 65 million gallons of water a year from Medina. Flushing accounts for about 2.3 million of those gallons.
A change to Royalton would still result in dead-end lines, with flushing needed, Chatfield said.
Looping lines and closing the dead spots is the best way to keep the water moving, as well as having properly sized water lines. If the lines are too big, the water can sit there, he said.
Chatfield also said there was 27 percent water loss in the system due to leaks when it was studied in 2020. He suggested a water leak detection program to help find the leaks. If those were fixed that would cut down on the water loss. Wengewicz said the Highway Department has found and repaired some leaks to reduce the amount of loss.
Chatfield and Mattison said a more in-depth analysis is needed to help the board make a decision on whether the potential water savings justify the expense of new infrastructure. The board also has discussed the issues with Clark Patterson Lee, another engineering firm. Shelby may draw up a request for proposals and have the firms submit their scope of work and a cost for the services, as well as detailed estimates on the cost of a water storage tank, pressure boosters, and any new waterlines.
For Shelby to receive water from Royalton, 9,200 linear feet of a waterline would have to go from Griswold Road in Royalton to Chestnut Ridge Road. It would connect on West Shelby Road. A new water tank would be needed, and a booster pump to maintain pressure and move the water through the lines.
Provided photos: Students at the Iroquois Job Corps Center learn in programs for brick masonry, carpentry, electrical, commercial painting, clinical medical assistant and certified nursing assistant.
Press Release, Iroquois Job Corps
MEDINA – The Iroquois Job Corps Center is thrilled to join more than 120 Job Corps campuses across the country in celebrating the 60th anniversary of the Job Corps program. This momentous achievement is marked by millions of young people whose lives have been forever changed because of the transformative nature of the program.
Born out of the War on Poverty and signed into law as the Economic Opportunity Act on August 20, 1964, Job Corps has provided safe housing, education, career and technical training opportunities, and support services for deserving young people. The Iroquois Job Corps Center, has been a beacon of hope for countless young adults from across the Western New York and Rochester area.
“We are incredibly excited that our campus is celebrating the 60th anniversary of Job Corps and are grateful to all the students, staff, employers, and community partners who have made this possible,” said Dennis Essom the Center Director for the Iroquois Job Corps Center. “With a long track record of successfully placing our graduates into meaningful careers, we look forward to providing ongoing opportunities to young people and being a valuable member of our community for decades to come.”
The Iroquois Job Corps Center is planning several different activities to commemorate the 60th anniversary of the program. This includes a student essay contest, video testimonials, alumni recognition, in-person events, and much more.
A few of the Center’s upcoming events are our School Staff & Counselor Day on March 14 where high school staff are invited to visit the Center and learn about Job Corps as a next step for their graduating students; a Workforce Council Meeting to discuss, promote, and strengthen local workforce connections on March 21; a Next Step Transition Fair open to our students and local high school seniors on April 10 partnering with local employers, military and college recruiters, and more; and Community Open House Celebrations held on April 18 and 19.
“The 60th anniversary of Job Corps is an incredible milestone and one that is rightfully being celebrated across the country. Throughout its history, Job Corps has made a difference not only in the lives of our students and their families, but in the lives of Americans reliant upon the work Job Corps alumni have been trained to do,” said Donna Hay, President and CEO of National Job Corps Association. “We congratulate the Iroquois Job Corps Center, its students, staff and community partners and thank them for all their hard work and dedication.”
The Iroquois Job Corps Center has the capacity to serve 225 students aged 16-24 in areas such as Brick Masonry, Carpentry, Electrical, Commercial Painting, Clinical Medical Assistant, & Certified Nursing Assistant. In addition, the campus works directly with local and national employers to help them fill in-demand and well-paying positions.
The Iroquois Job Corps campus has immediate availability to safely house, feed, and educate qualified applicants and help place them directly into employment, higher education, or military enlistment post-graduation. It is managed and operated by Education and Training Resources (www.ETRky.com).
Who is eligible for Job Corps? Low-income, 16-24-year-old men and women who are U.S. citizens, legal residents, or authorized to work in the U.S.
For additional information on the program, upcoming events, and/or Job Corps program Admissions, contact: Luke Kantor, Admissions & Career Transition Services Manager at 585-344-3401 or by email at Kantor.Luke@JobCorps.org.
By Tom Rivers, Editor Posted 7 March 2024 at 2:07 pm
‘The fight here is not over. We have several more paths to prevent Orleans County from becoming a dumping ground for STAMP sewer discharges.’
File photo by Tom Rivers: A sewer line is shown on Aug. 12 on Route 63 in the Town of Alabama. Genesee County Economic Development Center is trying to install the sewer main along 9.5 miles of Route 63 – from the STAMP site to Oak Orchard Creek. Construction was halted before the sewer line made it to Orleans after a lawsuit was filed.
ALBION – A State Supreme Court justice today dismissed a lawsuit and temporary injunction against construction of a nearly 10-mile-long sewer main from the STAMP manufacturing site in the Town of Alabama along Route 63 to the Oak orchard Creek in the Town of Shelby.
Judge Frank Caruso ruled in favor of the Genesee County Economic Development Center, which argued Orleans County had 23 chances to state its objection to the sewer main since 2016 but waited until construction started to voice its opposition.
Judge Caruso citing the legal argument of “laches,” where there is a lack of diligence in making a legal claim. Waiting until construction commenced on the project should be seen as an unreasonable delay, attorneys for GCEDC argued in court today.
The judge also ruled in favor of GCEDC due to a statue of limitations. He made his decision from the bench in court today, following about an hour of arguments in the main courtroom of the county courthouse. He will also issue a written decision.
Orleans County officials say the county will appeal the decision, and has other court options to try to halt the project.
“The fight here is not over,” said Alex Eaton, an attorney for the Orleans County Legislature. “We have several more paths to prevent Orleans County from becoming a dumping ground for STAMP sewer discharges.”
The county also has a lawsuit that will be heard in April about GCEDC using eminent domain to take easements in Orleans County. The attorneys for Orleans said another county’s IDA can’t do eminent domain in another county.
Orleans also supports the Tonawanda Seneca Nation in its litigation against several federal entities regarding permitting of the sewer pipeline.
“Orleans County leadership remains steadfast in our opposition to anything that puts Oak Orchard Creek in jeopardy,” Eaton, an attorney with Lippes Mathias, said in a statement released from the County Legislature. “The county and its residents rely on the creek for water, recreation and tourism, and that is why we will continue to protect the interests of our community. Again, while we are disappointed in today’s result, there is a long way to go before this issue is settled.”
Orleans County filed its lawsuit on Sept. 11, naming GCEDC, G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc.
Matthew J. Fitzgerald and James O’Connor of Phillips Lytle LLP appeared in court today on behalf of GCEDC. They contended the sewer main went through a rigorous environmental review of 9,200-plus pages and ultimately was approved by the state Department of Environmental Conservation, Army Corps of Engineers and U.S. Fish and Wildlife Service. Those agencies found no evidence of harm to Oak Orchard Creek or the community, the attorneys said.
The sewer main would allow businesses at the 1,250-acre STAMP to discharge treated sewer water into the Oak Orchard. At STAMP’s peak, the sewer main could discharge up to 6 million gallons a day in the Oak Orchard. The sewer main is imperative for economic development to move forward at the site.
“STAMP does not survive without somewhere to discharge the treated sanitary water,” Fitzgerald said in court today.
The 4-month statute of limitations passed after the Article 78 was filed by Orleans on Sept. 11, and the county failed to note other parties that would be hurt if the lawsuit was successful in halting the sewer main, Fitzgerald said.
Property owners paid for easements for the temporary construction could lose out on payments, he said. The Town of Alabama would miss out on 100,000 gallons of sewer capacity, and Niagara County Water District would miss out on selling water to the STAMP site. Orleans didn’t factor in those impacts in the lawsuit, Fitzgerald said.
The crux of the case, he said, was the contention that Orleans never gave its support for an economic development from another county. But he said Orleans officials were notified in 2016, 2020, 2021, 2022, and 2023 to voice any concerns over STAMP, and GCEDC serving as lead agency.
“The response was silence,” Fitzgerald said. “They slept on their rights for approximately eight years. They could have objected.”
STAMP has about $100 million in public funds committed to developing the site so far, with about $1 billion already spend or committed in private investment, he said.
Attorneys for Orleans contend that Genesee County used its money through its industrial development agency to fund the sewer main and pursue eminent domain in another county, powers that an IDA does not have.
Jennifer Persico, an attorney with Lippes Mathias representing Orleans, said the STAMP sewer project clearly used Genesee County funds to move the project into Orleans County.
The GCEDC attorneys said the project was funded through state grants and wasn’t actually GCEDC money.
The Town of Shelby also joined Orleans in the lawsuit. The Shelby attorney, Jeffrey Allen, said Shelby supports the Orleans County efforts to halt the pipeline before it gets into Orleans. He said there are many violations of general municipal law with the project.
Shelby gave its support for the project previously, but that was a statement considering the environmental impacts of the project, he said.
“The consent was not that they could run roughshod over the autonomy of Orleans County,” Allen said in court.
The case could be a landmark for the state, said Eaton, an attorney for Orleans County. The courts should protect smaller neighboring counties from being forced to take on negative impacts from another county’s economic development efforts, he said.
“This would be one of the biggest expansions of IDA power in New York State,” Eaton said.
By Tom Rivers, Editor Posted 7 March 2024 at 8:15 am
ALBION – Lawyer representing Orleans and Genesee counties will be in Albion today for a hearing in a lawsuit where Orleans is trying to block a sewer main from being built on Route 63 in Shelby.
Hearings have been cancelled or delayed the past few months. The hearing today will be at the Orleans County Courthouse before State Supreme Court Judge Frank Caruso.
Orleans is represented by Lippes Mathias LLP in Buffalo and contends Genesee didn’t have the county’s permission to install the sewer main in Orleans County. The sewer, at full buildout of the STAMP manufacturing site in the Town of Alabama, would direct 6 million gallons of treated water to the Oak Orchard Creek.
Orleans states the sewer discharge would have a negative impact on the county’s fishing industry, which is a nearly $30 million economic boost to Orleans County. The additional water from STAMP could also hurt the economic development efforts in Medina by overtaxing the creek, Orleans attorneys say in the lawsuit. (The Town of Shelby has since joined the lawsuit as an intervenor.)
Genesee County in its court filings contend Orleans gave consent to the project, which was years in the making, by never objecting to it – until the very last moment. Its years of silence should be viewed as support of the project, say attorneys from Phillips Lytle LLP, which are representing the Genesee County Economic Development Center and others named in the lawsuit – G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc.
At full build-out STAMP can accommodate up to 6.1 million square feet of advanced technology manufacturing, office and retail space. GCEDC projects direct employment of up to 9,330 full-time jobs with a regional economic impact for support companies serving the site.
The first two tenants at STAMP – Plug Power and Edwards Vacuum – would have a daily discharge of 50,000 gallons of treated wastewater, GCEDC said.
Photos by Tom Rivers: A car heads north of Route 63 in fog this morning in the Iroquois National Wildlife Refuge in Shelby.
By Tom Rivers, Editor Posted 3 March 2024 at 10:11 pm
SHELBY – The warm winter will continue this week, with Monday’s high of 71 the hot day of the week.
That will be followed by highs of 67 on Tuesday, 49 on Wednesday and 43 on Thursday, the National Weather Service in Buffalo said.
The week end with a high of 46 on Friday and 48 on Saturday.
The Weather Service said this year’s winter so far has been the warmest ever for the Rochester with a 34.9-degree average breaking the record from 1931-’32. It was the second-warmest December, January and February ever for Buffalo with the 34.5 average temperature nearly topping the 34.6-degree record in 1931-’32.
The first day of spring is on March 19.
It was a foggy morning on Route 63 in Shelby this morning near the wildlife refuge.
Photos by Ginny Kropf: Scott Buffin, Orleans depty emergency management coordinator, left, swears in the East Shelby Fire Company officers. They are, from left, Mike Fuller, president; Kirk Zinkievich, vice president; Allen Turner, treasurer; Allen Lonnen, trustee; Ken Printup and Gordie Reigle, trustees; Dave Green, steward; Jeff Taylor, 3rd assistant chief; Debbie Taylor, chief; Devin Taylor (partially hidden), 1st assistant chief; Andy Beach, 2nd assistant chief; Jared Zinkievich, captain; Matt Grimes, lieutenant; and Steve Wolter, fire police chief. Not shown are Karen Bracey, secretary; Todd Ralph, safety/training officer; Norm Behrend, trustee; and Sue Behrend, EMS officer.
By Ginny Kropf, correspondent Posted 3 March 2024 at 7:34 pm
EAST SHELBY – Saturday was an evening to celebrate for the East Shelby Fire Department, who held their annual Installation and Awards Banquet at the East Shelby Firemen’s Recreation Hall.
Dave Green welcomed guests and served as emcee for the evening. Guests were also welcomed by fire company president Mike Fuller and auxiliary president Shirley Printup, followed by an invocation by Rosie Allen, who called for a moment of silence in memory of Joe Newton, a longstanding member of the fire company who died last year.
The first order of business was swearing in of Ladies’ Auxiliary officers by Elaine Watts from Shelby Volunteer Fire Company. New officers are Shirley Printup, president; Sawyer Green, vice president; Deb Green, secretary; Sharlene Pratt, treasurer; Bronwyn Green, Sue Green and Cassidy Oliver, trustees; and Rosie Allen, chaplain.
Elaine Watts from Shelby Volunteer Fire Company, right, swears in members of the East Shelby Ladies Auxiliary at their banquet Saturday night. From left are Shirley Printup, president; Sawyer Green, vice president; Debbie Green, secretary; Bronwyn Green, trustee; Sharlene Pratt, treasurer; Cassidy Oliver and Sue Green, trustees; and Rosie Allen, chaplain.
Administrative officers, sworn in by Orleans 2 Scott Buffin are Mike Fuller, president; Kirk Zinkievich, vice president; Karen Bracey, secretary; Allen Turner, treasurer; Ken Printup, Norm Behrend, Gordon Reigle and Alan Lonnen, trustees; and Dave Green, steward.
Line officers are Deb Taylor, chief; Devin Taylor, 1st assistant chief; Andy Beach, 2nd assistant chief; Jeff Taylor, 3rd assistant chief; Jared Zinkievich, captain; Matt Grimes, lieutenant; Steve Wolters, fire police chief; Sue Behrend/Mike Fuller, EMS officers; and Todd Ralph, safety/training officer.
Service awards were given to members for their years of service. These included Joe Meyer, Julie Taylor and Bill Bacon, 10 years; Dennis MacDonald, 15 years; Alan Lonnen, 20 years; Dave Allen, 35 years; Gordon Reigle, 60 years, and a special recognition for Ron Sanders for 50 years.
In honor of his 50 years as a member of the East Shelby Fire Department, Ron Sanders, left, is presented with this plaque by fire chief Deb Taylor and president Mike Fuller.
Local officials line up to present proclamations to Ron Sanders, left, for achieving 50 years as a member of the East Shelby Fire Department. From left are Sanders, fire company president Mike Fuller; Eileen Banker, representing Assemblyman Steve Hawley; Skip Draper, on behalf of Senator Rob Ortt; Richard Silvaroli from FASNY; Bill Eick from the Orleans County Legislature; and Scott Wengewicz, supervisor of the town of Shelby. Seated at the head table are Sawyer Green and Ken and Shirly Printup.
East Shelby Fire Company president Mike Fuller, right watches as fire chief Deb Taylor kisses Gordie Reigle after recognizing him for 60 years of membership in the department.
Fuller chose Dennis MacDonald as recipient of his President’s Award, for always being a tremendous help, whether on the fire side or business side. He always goes above and beyond, Fuller said.
The EMS award was presented to fire chief Deb Taylor, who Fuller said responds to all the calls she can, is a big part of teaching others and keeps the trucks stocked with the right supplies.
Bronwyn Green handed out awards for years of service to Fonda Carr and Shelby Green, 5 years; Ariel George, 10 years; Elaine Newton, 25 years; Wanda Dingman, 30 years; Bronwyn Green, 35 years; Mary Zelazny and Louise Covey, 40 years.
Printup also recognized outgoing officers, vice president Debbie Green, president Bronwyn Green and secretary Sawyer Green.
Printup presented a check for $10,000 on behalf of the Auxiliary to Fuller for the fire company.
(Left) Bronwyn Green, right, trustee and outgoing president of the East Shelby Ladies’ Auxiliary, recognized Sharlene Pratt for her humor, advice and support. (Right) East Shelby fire company president Mike Fuller chose Dennis MacDonald as the recipient of his President’s Award.
Bronwyn’s President’s Award went to Sharlene Pratt, who was credited with always being there with her humor and advice.
Bronwyn also acknowledged Jessie Green, who was unable to attend, for being the Sunshine lady for 55 years.
Dave Green, a longtime steward of the department, presented the Steward’s Award to Leona Weese for being a big supporter and always helping the firefighters in any way she can.
Fire chief Taylor recapped the department’s achievements in 2023, which included the purchase of an off-road UTV, for which they have since invested in tracks for use in heavy mud and snow.
With a DEC grant they secured, the department has purchased equipment to either replace or provide additional equipment for the off-road and brush truck. They also purchased 20 new pagers for members last year.
One member, Jared Zinkievich, completed BEFO/IFO training, and three members will be starting their BEFO class Monday. They are Victor Jeffords, Josh Fuller and Dylan Taylor.
New last year was a Comedy Night, put on by Eli Howard. It was such a success, the fire company is planning to do another one this year.
Others who were commended by Taylor for taking charge of special events were Bill Bacon, meat raffle; and Ryan McPherson, Wrestling Night.
“I am very thankful and appreciative of every member who makes the East Shelby Volunteer Fire Company a successful and thriving company,” Taylor said. “We have a great turn-out of people for every call, and I can say the same for our events. Many members’ spouses or significant others help setting up, selling tickets and cleaning up after events.
“Our Ladies Auxiliary also deserves credit for preparing meals for these events and helping us with our needs,” Taylor said. “And thank you to everyone outside our department who has shown support. There’s a reason why we’ve been in service for 71 years.”
Taylor presented the final awards of the evening, the first to Jared Zinkievich, a fourth-generation member of the fire company, who is in his first year of line officer training.
“We are proud to have him in the department,” Taylor said.
Taylor chose Josh Fuller, grandson of the late Jim Fuller, as “Firefighter of the Year.” Josh, who joined last year, shows up every Tuesday and is eager to learn as much as he can, Taylor said.
Her final award was a “thank-you plaque” to Dennis MacDonald, whom she called her “double O7.”
East Shelby fire chief Deb Taylor was presented with the EMS award from Mike Fuller for her support.
Sherry has always loved antiques and never wants to see anything thrown away. She can find a new life for almost everything.
