Governor Andrew M. Cuomo today signed legislation (A.8401-C/S.8977) to establish a sexual assault survivors’ bill of rights.
The new law requires the Department of Health, in consultation with the Division of Criminal Justice Services, the Office of Victim Services, and other stakeholders, to establish a sexual assault survivors’ bill of rights for purposes of informing survivors of their rights under state law. Notifying victims of their legal rights will help ensure survivors request and receive the information they need to navigate complicated medical and criminal justice systems.
“As the federal government shamefully ignores the voices of sexual assault survivors, New York is doing everything in our power to empower survivors and ensure they are treated with dignity and respect,” Governor Cuomo said. “This legislation will support our work to combat the scourge of sexual harassment and assault, help deliver justice to survivors and make New York a safer state for all.”
The bill of rights includes the right to:
• Consult with a rape crisis or victim assistance organization;
• Appropriate health care services at no cost; and
• Receive updates on their sexual offense evidence kit and the status of their case.
The bill requires all law enforcement agencies to adopt policies that help them communicate effectively with survivors and it creates a Victim’s Right to Notice, which enables a survivor to request information on their sexual offense evidence kit from the police agency or prosecutorial agency with jurisdiction over the crime.
The Governor’s action today will create greater transparency and accountability within the medical and criminal justice processes, and help ensure all sexual assault survivors are treated with dignity, compassion and respect. The Sexual Assault Victim Bill of Rights will immediately be authorized and directed to be completed on or before the date the legislation takes effect, which is in 180 days.
This legislation builds on Governor Cuomo’s record of supporting sexual assault survivors, which includes clearing the backlog of sexual assault evidence kits and mandating that newly acquired sexual assault evidence kits are – upon consent of a survivor – tested by law enforcement in a speedy manner. In addition, as part of the FY 2019 Budget, Governor Cuomo passed legislation to extend the length of time sexual offense evidence collection kits are preserved from 30 days to 20 years, delivering justice to survivors.
Selena Bennett-Chambers, Policy Director at the New York State Coalition Against Sexual Assault, said, “We applaud Governor Cuomo and the New York State legislature for enacting this bill into law. Recent reports of survivors of sexual violence being improperly billed by several hospitals for forensic rape examinations support the need for this law. In addition, providing survivors of sexual violence with the right to receive information regarding the status of their kits from a designee of a police or prosecutorial agency, who is trained in trauma and victim response, is a huge step in the right direction. Survivors of sexual violence should be supported in knowing their rights and their rights must be upheld.”
Provided photo: Pictured from left include Albion police officer Dan Baase, Sgt. Karol Hughes, Lt. Dave Mogle and police officer Daryl Robb are shown at the Albion Tops on Wednesday.
Press Release, Albion Police Chief Roland Nenni
ALBION – Members of the Albion Police Benevolent Association on Wednesday volunteered to assist the Salvation Army Red Kettle Campaign. Several police officers donated their time to “Ring the Bell” and man the Red Kettle at the Tops Market on West Avenue in the Village of Albion.
The Albion Police Department and Albion Police Benevolent Association have assisted in the Salvation Army Red Kettle Campaign for many years and we hope that in some way they have helped a person in need. The job of police officers is to serve and protect. The term serve to a police officer can have many meanings. The Albion Police P.B.A. feels that to serve goes farther than just enforcing the law.
By Tom Rivers, Editor Posted 21 December 2018 at 10:57 am
3 inmates face charges for either assaulting or harassing correction officers
ALBION – Several people were arraigned in Orleans County Court on Thursday for felonies, including a Clarendon man who had a confrontation with law enforcement officers on Sept. 27.
Andrew Klaver, 18, allegedly pointed a loaded rifle at a deputy and sergeant with the Orleans County Sheriff’s Office before dropping the gun. Deputies were called to his residence on Bennetts Corners Road in Holley for reports of a family dispute. One family member was allegedly ramming a boyfriend’s car with her car. Her mother allegedly began pushing deputies.
Andrew D. Klaver allegedly ran back into the house then came back out with a loaded rifle and allegedly pointed it at two members of the Orleans County Sheriff’s Office. Klaver dropped the rifle moments later but refused to comply with further orders and was taken into custody following deployment of the Taser, Undersheriff Chris Bourke said in a news release on Sept. 28.
Klaver was arraigned on charges of two counts of menacing a police officer, criminal possession of a weapon and resisting arrest. Bail was set at $10,000 by Judge Sanford Church.
The charges with the two other family members are misdemeanors and are being handled in Clarendon Town Court.
In other cases in County Court on Thursday:
• Thomas Norton, 22, of Cushing Road in Albion was arraigned on second-degree rape and endangering the welfare of a child. He allegedly had sexual intercourse with a 14-year-old girl in September.
The judge set bail at $10,000 and issued an order of protection for the girl.
• Freddy Rosario, 23, a former inmate at the Orleans Correctional Facility in Albion, was arraigned on second-degree assault of a corrections officer after he allegedly punched an officer in the face and caused other injuries on Jan. 21, 2018. He is now an inmate at the Mid-State Correctional Facility in Oneida County. The judge set bail at $25,000.
• Valerie Allen, 31, a former inmate at the Albion Correctional Facility, was arraigned on two counts of aggravated harassment of an employee by an inmate after she allegedly threw urine at two corrections officers in October 2016. The judge set bail at $25,000.
• Devon Cappucci, 25, a former inmate at the Orleans Correctional Facility, was arraigned for one count of aggravated harassment of an employee by an inmate after he allegedly spit blood at a corrections officer in September. He has been released from prison. He was picked up on a warrant in Rochester on Thursday and then arraigned in the Orleans County Court.
• Justin R. Chaplin, 31, of Batavia pleaded guilty to third-degree burglary after he entered someone’s garage and stole a garbage can on Sept. 12, 2017 at Oak Orchard on the Lake in Carlton. He also pleaded guilty to petit larceny.
Chaplin has been accepted in a diversion program. If he stays drug free and completes treatment, the felony charge will be dismissed and he will avoid going to jail.
Chaplin’s diversion program will be through Genesee County. He thanked Judge Church for the opportunity to be in the program.
“Follow through and do it,” the judge told him. “It’s on you.”
By Tom Rivers, Editor Posted 21 December 2018 at 10:08 am
Photo by Tom Rivers
ALBION – John Keding, center, was presented with a pin and commendation letter this morning for his 50 years of service to the Albion Lions Club. Ron Alberton, left, is the Albion Lions Club president. He presented Keding with the recognition pin and letter. Keding is joined by his daughter, Christine Buongiorne, who is also a member of the Lions Club.
Albertson and Buongiorne made a surprise visit to Keding Automotive, which Keding has owned for 45 years. At age 83, he remains a full-time presence at the repair shop on East Avenue.
“He’s old school,” Buongiorne said about her father. “He has a work ethic once he makes a commitment.”
Keding joined the Lions Club in 1968. He served as president in 1976. For about 25 years he was the club’s secretary, taking attendance, writing the minutes from meetings and doing all of the reports. It’s a demanding role that few want to do in the club.
Albertson said he is impressed with Keding’s long-time service and his integrity. He said Keding is also popular among the Lions Club members for his sense of humor and enthusiastic singing, especially of “Home on the Range.”
Keding coordinates the club’s annual rose sale around Mother’s Day, when the Lions Club sells about 350 dozens of roses. It’s one of the club’s best fundraisers.
He has a shift later today ringing the bells for the Red Kettle drive. He will be at the Tops in Albion from 5 to 7 p.m.
The Albion Lions Club has about 20 members. They meet the second and fourth Tuesdays. Albertson said the club welcomes more members. Call him at (585) 738-8690 for more information.
By Tom Rivers, Editor Posted 21 December 2018 at 8:17 am
Photo by Tom Rivers: A Christmas tree and reindeer are lighted up on Wednesday on the Courthouse Square in Albion.
Orleans County is forecast for showers before 5 p.m. today with rain to follow into the evening. The high temperature is forecast for 54, according to the National Weather Service in Buffalo.
The county’s neighbor to the east, Monroe County, is under a flood watch beginning at 3 p.m. and lasting into the night. That flood watch includes much of Central New York and the Finger Lakes region.
Saturday there is a chance or snow showers in Orleans County with a high near 33. Sunday will be similar with a chance of snow showers and a high near 34.
Monday also has a chance for snow showers and a high near 34, according to the Weather Service.
Christmas on Tuesday will be mostly cloudy with a high near 34.
State Assemblyman Steve Hawley (R,C,I-Batavia) is pleased to announce he will be the new Deputy Minority Leader for the 2019 Legislative Session. In addition to this position, Hawley will serve on the Agriculture, Insurance, Rules, Veterans’ Affairs and Ways & Means committees.
“With the approaching New Year comes the chance for a better and new New York,” said Hawley. “I am excited and honored to move up into the Deputy Minority Leader position this upcoming session, having previously served as Assistant Minority Leader. I look forward to continuing to make a difference and am anxious to get back to Albany and back to work.”
Hawley is the No. 4 Republican in the State Assembly, following Minority Leader Brian Kolb, Minority Leader Pro Tem Andrew Goodell, and Assistant Minority Leader Edward Ra.
“The work of committees often goes unnoticed, but is an integral part of the legislative process and central to the operations of the Chamber,” Leader Kolb said. “I know that the members of our conference will continue to be diligent and vocal in their committees, and I look forward to working alongside my leadership team throughout the 2019 Legislative Session.”
MEDINA – SkillsUSA students at the Orleans Career and Technical Education Center recently partook in a community service activity for military personnel and their families.
The students took some of the proceeds from their annual craft fair and chose to use the money towards two Red Cross-sponsored activities, “Holidays for Heroes Comfort Kit Program” and “Activity Kits for Military Children.”
Suggested items for the comfort kits were toothbrushes, shampoo, conditioner, deodorant, shaving cream, nail clippers, toothpaste, combs, razors and gum. For children’s kits they recommended coloring/activity books, crayons, colored pencils, washable markers, stickers, puzzles, books, craft kits, fruit chews, hand sanitizer and games. The students put together over 100 care packages.
SkillsUSA Advisor, Kara Kirk took the senior chapter officers shopping and says she was impressed with the students’ skills.
“They spent a lot of time at the Dollar Tree looking at labels on the hygiene products and toys for the children and trying to figure out what was appropriate,” she said. “They were also trying to get the most bang for their buck, so they would have more to give.”
After the SkillsUSA officers’ shopping excursion, all the SkillsUSA students spent a day making Christmas cards and packaging their purchases into kits at the Orleans Career and Technical Education Center. The SkillsUSA officers say it was important for all of them to let the military personnel know how much they appreciate what they have done for our country.
Lisa Taibi, who is in charge of the Services to Armed Forces and International Services for the Red Cross, says she was impressed with the number of kits the students donated.
“I am just overwhelmed and grateful for what Mrs. Kirk and the students do for our veterans,” Taibi said. “The comfort kits will be distributed to veterans and their families in VA hospitals, during various homeless stand downs, valor days and other military fairs and gatherings across Western and Central New York Region after the holiday season and throughout the year. The activity kits will be distributed to military children at Yellow Ribbon events, family days or anything military related. They are geared towards keeping children occupied while mom and dad attend trainings or informational meetings. We are so grateful to what the students here at BOCES have done for our veterans. This is truly a wonderful thing they have done.”
By Tom Rivers, Editor Posted 20 December 2018 at 4:15 pm
ALBION – An Albion man was sentenced to 3 ½ years in state prison today for allegedly selling drugs in Albion.
Jason Abron, 44, of Lydun Drive faced a maximum of 4 years in prison when he was sentenced this morning in Orleans County Court by Judge Sanford Church.
Abron was charged on March 9 after a series of controlled buys through the Orleans County Major Felony Crime Task Force.
He pleaded guilty to criminal sale of a controlled substance in the third degree.
Abron has four prior felonies but hadn’t been arrested since 2010, his attorney told the judge.
Abron said he did wrong with the drug transactions, but was trying to help a friend.
“I’m not a violent drug dealer running around the streets,” he told Judge Church. “I’m a family man.”
Abron received less than the maximum, and also will have two years of post-release supervision. He also has to pay $320 in restitution to the Orleans County Major Felony Crime Task Force and $280 to the Orleans County Sheriff’s Office, as well as a $300 court surcharge and $25 crime victim’s fee.
• Leaha Wimmer, 25, formerly of Albion and most recently in Hamlin was sentenced to 1 to 3 years in state prison on a grand larceny charge. She has to pay $502 in restitution to Chase Bank.
Wimmer acknowledged that she has struggled with drug addiction.
“I’m sorry to the court and everyone I have affected with my drug use,” she said. “I’m not a bad person. I just want to put this all behind me.”
She also faced charges in Genesee County and was sentenced to six months in jail and five years of probation on Wednesday for those grand larceny charges.
• Roy Shonerd, 37, of Beaver Street in Albion was sentenced to nine months in the Orleans County Jail for attempted welfare fraud. He needs to pay $9,265 in restitution to the Orleans County Department of Social Services. Shonerd allegedly accepted welfare benefits he wasn’t entitled to from January 2012 to December 2017.
“I knew what I did was wrong,” Shonerd told Judge Church. “I apologize.”
The judge agreed to delay Shonerd’s report date to the jail until the day after Christmas so Shonerd can spend the holiday with his two children.
Press Release, New York State Association of County Health Officials
The New York State Association of County Health Officials (NYSACHO), representing all 58 local health departments in New York State, today expressed serious concerns about the legalization of an adult-use regulated marijuana program, and called on lawmakers to approach legalization thoughtfully and with extreme caution.
The concerns expressed by NYSACHO stem from research substantiating that the use and availability of marijuana carries numerous risks, including: future high risk of addiction to other drugs; harmful cognitive and academic effects; adverse cardiac and respiratory effects; unintentional exposures to children; and motor vehicle accidents.
It was for these reasons that NYSACHO earlier this year submitted a memorandum of opposition to legalized recreational marijuana use. Fundamentally, NYSACHO remains opposed to the recreational use of marijuana. If such a policy is nevertheless enacted and is true to the State Health Department’s standard of “doing more good than harm,” NYSACHO is calling for the establishment of critical safeguards before sales are legalized, including, but not limited to:
• Setting the legal age of sale at 21 years of age in combination with adoption of Tobacco 21 policy at the state-level.
• Establishing clinical trials and properly funding surveillance and research efforts to ensure the State can identify, measure and respond to foreseen and unforeseen impacts of legalized marijuana.
• Adding marijuana to the Clean Indoor Air Act to ensure children, youth and other vulnerable populations are not exposed to marijuana use or second hand smoke.
• Funding studies which will help evaluate reliable methods of toxicology field-testing and impairment levels which will help set evidence-based regulations for impaired driving, as it pertains to marijuana use.
• Allocate additional funding to Local Health Departments for anticipated increases in workload, including response to Clean Indoor Air Act complaints; sales enforcement activities; dissemination of educational information campaigns to protect vulnerable populations, including children and pregnant women, from harmful effects of marijuana use; and formulating safety regulations for edibles, including child resistant packaging and restricting products/packaging that appeal to children.
“As county health officials who serve as the first line of defense in our communities, we have seen up close the devastation associated with the abuse of legal prescription opioid medications. We need to be certain that the implementation of any recreational marijuana policy does not create another unintended public health crisis,” said Paul A. Pettit, NYSACHO President and Public Health Director of Genesee & Orleans County Health Departments.
“We look forward to working with the State to ensure our shared priority is protecting the public against the harmful risks associated with marijuana use.”
The New York State Association of County Health Officials (NYSCHO) supports, advocates for, and empowers local health departments in their work to promote health and wellness and prevent disease, disability and injury throughout New York State.
By Tom Rivers, Editor Posted 20 December 2018 at 9:12 am
Photo by Tom Rivers
ALBION – Jerry Gray, center, receives a “Special Recognition Award” from the Orleans County Legislature on Wednesday for his 40-year career with the Orleans County Highway Department, including the past eight years as highway superintendent. He accepts the award from county legislators Bill Eick, left, and Fred Miller.
“Your dedication and expertise has benefitted our county tremendously,” legislators said.
Gray, a Medina resident, started with the Highway Department as a laborer. He worked his way through the ranks as a motor equipment operator, motor equipment operator lead, deputy highway superintendent and then was appointed highway superintendent in October 2010.
He led the merging of the Highway Department with the Buildings and Grounds Department and has been the leader of 40 employees.
He also has led the county efforts to replace several culverts and bridges, while upgrading roads and other county infrastructure.
The Highway Department this year started making the concrete pieces for culverts, which has cut the cost of those projects in half.
“That has been a crowning achievement, but I’m just one guy,” Gray said. “We couldn’t do it without a good staff and the support of the county legislators and Chuck Nesbitt (the county’s chief administrative officer).”
Gray praised the county legislators and Nesbitt for backing the purchase of a new paver about five years ago that the county loans out to towns and villages, helping them to upgrade their roads.
The county also approved two new pole barns allowing the Highway Department to store equipment.
Orleans has an inventory of its roads and bridges, and a rating of their condition, as well as a plan to upgrade them. That new approach has earned the county recognition in the region.
Peter Houseknecht, the current deputy highway superintendent, on Wednesday was named the interim highway superintendent following Gray’s retirement next week. Houseknecht previously worked as the superintendent of the Department of Public Works in Medina. His father, Ed Houseknecht, was the county highway superintendent before Gray took the job in 2010.
By Tom Rivers, Editor Posted 20 December 2018 at 8:27 am
MURRAY – A bridge that has been reduced to one-lane traffic the past two years will be replaced with construction expected to start in the spring.
The Orleans County Legislature on Wednesday accepted a bid for $820,175 from the CATCO Corp. in Alden to replace the Monroe-Orleans Countyline Road bridge in Murray.
The project is 95 percent funded by the state through the BridgeNY program.
In other action by the Legislature on Wednesday:
• Authorized the county treasurer to set up new money in the highway budget due to a $546,977 increase in CHIPS (Consolidated Local Street and Highway Improvement Program). Those state funds will be used for road materials.
• Approved the following four-year appointments to the Orleans County Planning Board: Paul Hendel of Holley as an at-large east member, Tibbs Ahlberg of Gaines as at-large central, Darryl Sanford of Albion as at-large central alternate, Brian Napoli of Medina as at-large west, Tom Keeler of Barre as Barre representative, Wes Miller of Barre as Barre’s alternate, Gary Daum of Lyndonville as Yates representative, and Ed Urbanik of Lyndonville as the Yates alternate.
• Authorized filling a vacant full-time deputy election commissioner position with the retirement of Dorothy Morgan in the Board of Elections.
By Tom Rivers, Editor Posted 19 December 2018 at 9:15 pm
Photo by Tom Rivers: The Tops store on Maple Ridge Road in Medina is pictured in September. The store is part of a plaza assessed at $3,471,000.
MEDINA – The Orleans County Legislature voted today to have the county join three other municipalities in a legal fight over the assessment for the Tops plaza in Medina.
The site on Maple Ridge Road is assessed for $3,471,000. It is owned by Medina Center LLC, which along with Tops is seeking a lower assessment. They want it lowered to $2,665,800. If successful, the $805,200 reduction would lower the taxes by $41,903 from $180,630, based on the tax rates in 2018.
The Town of Shelby, Village of Medina, Medina Central School and now the county are joining together to defend the assessment in court. Shelby sets the assessed value with its assessor.
Shelby also has the lowest of the tax rates and the least amount of money at stake.
Three years ago Orleans County approved a new policy where towns don’t have to bear the full burden of an assessment challenge by themselves if the assessments are over $3 million. The villages, school districts and county are all asked to help finance a legal battle, with the percentage share based on their tax rates, which include the Medina school district ($21.12), Village of Medina ($17.18), Orleans County ($10.09) and Town of Shelby ($3.65).
Tops is also challenging its assessment in Albion, where its store at 408 West Ave. is assessed for $2,750,000. Tops wants the assessment lowered to $1,775,660. Because that site is below the $3 million threshold, the town is alone is the court fight over the assessed value.
By Tom Rivers, Editor Posted 19 December 2018 at 6:16 pm
State Legislature needs to approve measure before it’s law
ALBION – The Orleans County Legislature voted today to make rifles allowable for big game hunting, including deer and bears.
The County Legislature on Feb. 22, 2017 passed a resolution which was later supported by the State Legislature to allow rifles for big game hunting. That authorization will expire on Oct. 1, 2019.
The Legislature is asking the state to make rifles permanent for hunters.
“It has been a very clean and prosperous year for those of us with rifle hunting,” Terry Wiliams of Carlton told the legislators this afternoon. “It’s one shot and it’s over with. It’s very clean and neat.”
Williams said hunters have discovered fewer wounded animals since rifles were allowed. He said shotguns often take multiple shots, and sometimes don’t take down an animal, leaving them hurt.
Neil Newton of the Orleans County Sportsmen Federation thanked the legislators for backing the proposal to make rifles permanent. He said he is hopeful it will easily pass the State Legislature.
One county legislator, Fred Miller, cast the lone no vote. Miller also opposed it in February 2017. Miller thanked the sportsmen for advocating for the issue. He said he was pleased to see no one has been hurt in the county since rifles were allowed for big game hunting.
Miller said some local residents share their concerns with him about allowing rifles in a county with such flat terrain.
Miller also said he was hit by another hunter’s stray shot about 40 years ago when he was out with his dog on Allen Road, near the end of Clinton Street. Miller said he was hit by pellets from pheasant hunters. Miller said he was hit in the face and leg, and his dog also was hurt.
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MIDDLEPORT – The Royalton-Hartland High School Orchestra and director Paul Monaco recently played a very special concert at Roswell Park Comprehensive Cancer Center.
The musicians not only entertained patients, staff and visitors at the hospital for community service, but to share the holiday spirit. More than half of their program was dedicated to holiday music and the students received a lot of applause for their talents.
“It’s a very good feeling for me,” says Mr. Monaco. “I hope the students walked away with the same feeling. While we were there their bell rang twice, which was just amazing.”
The bell rings when patients hit a milestone in their cancer treatment.
“It really made our visit all the more special,” says Mr. Monaco.
By Tom Rivers, Editor Posted 19 December 2018 at 11:44 am
Provided photos
WATERPORT – The Orleans County Sheriff’s Office assisted the Lord’s House in Waterport with delivering toys last week to the church, where they were distributed to more than 40 families on Saturday. Pictured from left includes Undersheriff Christopher Bourke, Deputy Adam Hazel, Sgt. John Doyle, Chief Deputy Mike Mele, Lord’s House First Lady Rose English, Rev. Eddie English (Lord’s House pastor) and Rev. William Morrell Washington, Rose’s sister and pastor of the Royal Church of God in Christ in Carlton.
The Lord’s House has distributed Toys for Tots since 2008. The toys used to be delivered to the church by Toys for Tots. This time the church needed to go to Rochester to collect the gifts.
The church asked the Sheriff’s Office to see if it would help get the toys and bring them to the church.
Sgt. John Doyle of the Sheriff’s Office is in the trailer with some of the toys.
The church sent a Tahoe and a 14-foot-long trailer to collect the toys, which are going to more than 100 children in more than 40 families in Orleans County.
“I was so happy that they reached out,” said Sheriff Randy Bower. “It’s for the kids so it was an easy one for me.”
Rose English, first lady of the church, said there were sign-ups at the church and at Hoag Library for families to be included in Toys for Tots. There aren’t income cutoffs for the program.
“Just because you have an income doesn’t mean you can afford things,” she said today.
The number of people in the county participating in Toys for Tots has been growing over the years, she said.
She thanked the Sheriff’s Office for assisting with the pickup last week.
