Lockport display celebrates 19^th century canal workers

Photos by Tom Rivers

LOCKPORT – The top photo shows one of five new bronze statues that will be dedicated on Saturday morning in Lockport at 10 a.m. It is phase two of a life-size Lock Tenders Tribute Monument in Lockport. This statue is of Ira McCoy, a lock tender who lived on Juniper Street in Lockport. He lived from 1859 to 1943 and also owned a book-binding business and was a Lockport city alderman.

Some of the descendants of the tenders are expected at Saturday’s 10 a.m. dedication.

The Lock Tenders tribute now includes eight bronze statues with six more to come. The statues are based on a photo of the tenders in 1897.

Susan Geissler, an artist from Youngstown, has created the statues of the tenders. There are currently seven statues of the tenders and the photographer, Frank B. Clench. The display will add a statue of the girl in the photo who was a daughter of one of the tenders, and five more of the lock workers.

The statues are installed on the stairs in the Lockport Locks where the tenders were photographed nearly 125 years ago.

The lock tenders were picked in the 1890s from the eight wards in the City of Lockport. The ones in the photo are local residents who worked in the same spot on the steps where the bronze figures are located.

“It was difficult backbreaking work, with very few making it a career,” according to an interpretive panel at the site. “Those that did were tough as nails indeed.”

The lock tenders worked 12-hour days and were responsible for opening and closing the locks so boats could pass through safely. They also worked on maintenance at the site.

David Kinyon, president of the Lockport Locks Heritage District Corp., sits with the statues on Thursday morning. He said many people stop by each day to get their photos with the statues. He loves to see people interacting with the figures.

“People love to come here and hang out with them,” he said about the statues. “They come down here and sit with them.”

The entire 14-piece monument is a $1.4 million project. The remaining six statues should be in place well before the 200^th anniversary celebration of the opening of the Erie Canal, a 363-mile-long canal that opened in 1825. Kenyon said the lock tender display is part of an effort to make the locks a bigger destination and tourism attraction.

The new statues include the likenesses of Fred Wagoner, left, and John Leonard.

Artist Susan Geissler created a statue of photographer Frank B. Clench at work in 1897. His photograph of the lock tenders inspired the display of bronze statues.

This boat passes through one of the locks in Lockport on Thursday morning. The boat would be raised up in the water. Click here to see a video of the boat passes through a lock.

Photos courtesy of Lee-Whedon Memorial Library

MEDINA – Lee-Whedon Memorial Library had a petting zoo outside the library today to kick off a summer reading challenge, “Tails & Tales.”

The library held the petting zoo at a vacant lot it owns on North Avenue. About 500 people welcomed the chance to meet the animals and kick off a summer reading challenge.

The activities today also included tie-dye bags and eating pizza from Dubby’s Wood Fired Pizza. There will be ab outdoor family movie, Madagascar, shown later tonight at 9:30 p.m.

Spirit Wind Farm of Sanborn brought kangaroos for the event. Kristine Mostyn (center) is the Lee-Whedon director and Samantha Covis, right, is the assistant director. They meet some of the kangaroos.

Last year’s summer reading challenge didn’t include in-person activities. This summer there will be many in-person programs, both inside and outside the library.

Some of the bigger events planned this summer include:

• Outdoor Movies: July 16 & 30, Aug. 13 & 27 at 9 p.m.
• Wolcottsville Wildlife Rescue on July 28 at 11 a.m.
• Hawk Creek Wildlife on July 29 at 1 p.m.
• Cris Johnson presenting “Horror in the Library” on August 3rd at 1 p.m.

There are online reading challenges on Beanstack. Click here for more information.

Big Guys wants to create new RV campground with up to 300 sites

MURRAY – The Orleans County Planning Board is recommending the Town of Murray approve the site plan and issue a permit for Big Guys Camping LLC to operate a campground.

Big Guys wants to convert the former Brockport Country Club into the campground at 3739 Monroe-Orleans County Line Rd.

The project would be developed in three phases with the first phase to include 125 hook-up sites, 90 tent sites, renovations of structures on site, construction of new supporting structures for the campground and infrastructure.

The second phase would include 97 more full hook-up sites and expanded infrastructure. The third phase would add 72 more hook-up sites and infrastructure as needed.

The former golf course has 94.2 acres, with 6.16 acres delineated wetlands. That leaves 88.04 acres for the campground. However, 10 percent of that space, per the Murray town code, must be set aside for recreational purposes.

Big Guys is planning for the campground sites to be developed along the existing fairways with the plan to keep many of the existing mature tree lines, and to minimize the need for earthwork, county planners said.

The town ordinance requires a maximum of 10 camp sites per acre. With 79.24 acres available, Big Guys could have up to 792 camp sites. However, there are 300 sites proposed in the three phases, which is well under the zoning ordinance requirement.

There was also a traffic completed for the proposed project, with the determination that no further study would be needed by the Department of Transportation, county planners said.

There are area variances needed for the project and county planners said it was unclear if the variances had already been approved by the Town of Murray Zoning Board of Appeals. The county Planning Board should review the variance requests before the town takes action. If Murray already approved those variances, the ZBA should rescind that vote and send a referral to the County Planning Board for its recommendation, the board said.

File photo by Tom Rivers: Eli Pask and Evan Allen play their instruments to “When the Saints Go Marching In” as part of a parade through West Jackson Corners, a hamlet created by the church. This photo was taken in July 2017. The popular event will be back on July 18.

EAST SHELBY – After an absence last year due to Covid-19 restrictions, Old Tyme Day will return to the East Shelby Community Bible Church and its miniature village, West Jackson Corners, on July 18.

The celebration will begin with a church service at 10 a.m., followed by an afternoon of festivities in the miniature village across the street. There will be old-fashioned crafts on display, including candle making, woodworking, sewing, the blacksmith shop, corn husk dolls and weaving.

Another highlight will be old-time games for children and the opportunity to have an old-fashioned picture taken. One of the favorite games is a David and Goliath-style activity, where children shoot the giant with a slingshot, but instead of stones, they shoot gumballs.

Visitors can take a horse and wagon ride or a trip to the East Shelby Cemetery for a tour. Many local residents who were active in the early years of the church are buried there.

The barn on the edge of town has goats to pet, and for entertainment there will be dancing, a band concert, a gospel concert and other music performed throughout the day.

For lunch, visitors can buy a hotdog, lemonade, popcorn, homemade pie and homemade ice cream – all for a penny each or a donation.

At the miniature candy store, everything is only one cent.

A raffle will take place at 3:30 p.m. to give away certain craft items.

Mrs. Claus will welcome visitors to her Christmas shop, or they can stop for a class at the one-room schoolhouse.

All are welcome to join in the festivities, eat lunch and see how people lived more than a century ago.

East Shelby Community Bible Church is located at 5278 East Shelby Rd., one mile south of East Shelby.

Press Release, Congressman Chris Jacobs

WASHINGTON, D.C. – Congressman Chris Jacobs (NY-27) has cosponsored a resolution condemning the Chinese Communist Party for 100 years of human rights violations and atrocities.

“For a century, the Chinese Communist Party has committed atrocities against millions of civilians without recourse,” Jacobs said. “From massacres, torture, and repression committed at the direction of Mao Zedong and continuing today with the enslavement, forced labor, and genocide of the Uyghur People in Xinjiang – the Chinese Communist Party is one of the most prolific abusers of human rights.”

Today, July 1st, 2021, marks the 100th Anniversary of the creation of the Chinese Communist Party. On this anniversary, the resolution Jacobs cosponsored (H.Res. 500) specifically:

• Condemns the Chinese Communist Party for 100 years of gross violations of human rights.
• Supports the inherent right of the Chinese people to self-determination and free political expression independent of one-party rule.
• Calls on the Government of the United States and like-minded allies and partners to support human rights in the People’s Republican of China.
• Looks forward to the day the Chinese Communist Party no longer exists.

“The Chinese Communist Party represents the greatest threat to their own people, and one of the greatest to the global community as a whole,” Jacobs said. “I condemn their ongoing persecution of the Uyghur people in strongest possible terms and will continue to work with my colleagues to hold the CCP accountable.”

MEDINA – The Village Board on Monday voted to extend an agreement with the school district where a Medina police officer will work out of the district during the school year.

The village approved a contract with the district to reimburse the Medina Police Department $72,500 during the 2021-22 school and $75,000 during 2022-23. That is up from the $70,000 this past school year and $65,000 the previous year. The contract goes to the Medina Board of Education for its approval.

In Albion, the school district pays the village $81,250 to have an officer committed at the district from Sept. 1 to June 30.

The Orleans County Sheriff’s Office has an officer at Lyndonville and Kendall school districts with those districts paying $95,070 to have a deputy assigned as a school resource officer.

In other action during Monday’s Village Board meeting:

• Jada Burgess was appointed the village clerk/treasurer, replacing the retiring Debbie Padoleski. Burgess has worked 12 years in the Village Office, including eight years as Padoleski’s deputy clerk.

The board also appointed Miranda Herbert to be the new deputy clerk. She has been working as an account clerk for the village. The board approved a $55,000 annual salary for Burgess and $36,000 for Herbert.

• The board will be seeking new bids for a kayak launch with the site to be handicapped accessible. The board sought cost estimates for the project but is going through the bidding process with the launch needing to meet requirements of the Americans with Disabilities Act. A grant and other state funding is expected to cover the costs of the project.

• The board approved a contract with O-AT-KA Milk Products in Batavia with Medina accepting up to 150,000 gallons from the plant weekly for two weeks. The village be paid 4 cents a gallon with 2 cents going to the sewer fund and 2 cents to the village general fund.

• Resident Roz Lind asked when gas stations aren’t allowed to post larger signs with the gas prices. They are limited to having the prices posted only at the pumps.

Mayor Mike Sidari said the Planning Board implemented that in the zoning code several years ago. He said we would pass the request to the Planning Board and seek an answer why the gas stations can’t have signs near the road with the gas prices.

RFPs due today for companies to co-locate wireless technology on county communications towers

Photo by Tom Rivers: This 180-foot-high communication tower on Maple Ridge Road is next to Medina’s water tank. Orleans County is seeking proposals to co-locate wireless internet technology on county-owned communications towers.

ALBION – Proposals are due today from companies looking to land a contract to cover the internet gaps in Orleans County.

The county on May 25 sought requests for proposals (RFPs) for companies to provide wireless internet service for 1,351 addresses in the county currently without access to the service. Companies are asked to submit proposals where they would co-locate their technology on existing county-owned communication towers.

Those sites include at the Emergency Management Office on West County House Road in Albion, Route 31A in Clarendon, Maple Ridge Road in Medina, Route 31 in Albion next to Public Safety Building, West Avenue in Lyndonville, Route 237 in Kendall, Route 237 in Holley by the water tank. If necessary, additional towers may need to be constructed to meet the county’s service goals.

The total of unserved addresses in the county includes 74 in Albion, 302 in Barre, 35 in Carlton, 57 in Clarendon, 39 in Gaines, 16 in Kendall, 41 in Murray, 287 in Ridgeway, 206 in Shelby, and 294 in Yates for 1,351 total.

The proposals are due today by 11:30 a.m. to the County Legislature and Jack Welch, the county’s chief administrative officer.

The county’s Public Safety Committee will review the sealed competitive proposals and then determine the next steps in the process. One criteria in the evolution of the proposals will be the “ability to deliver a high quality service at a reasonable cost in a timely manner,” according to the county’s specifications.

The county has estimated it will cost $4.1 million to put the infrastructure in place for the service. Residents would then likely pay a subscription to internet providers for the service.

County officials expect they will use some of the American Rescue Plan Act funds for the project. The County Legislature last week accepted $3,918,951.50 from U.S. Department of Treasury, the first half of the county’s payment with the other half expected in about a year.

County officials have asked towns and school districts to also contribute to the cost of closing the high-speed internet gaps.

The 10 towns in the county will share $4,430,000 with some of that going the four villages. The five school district collectively will receive $12.5 million in federal funds. However, the districts will be expected to use most of those funds to help students catch up in lost learning during the pandemic. Districts aren’t sure if they can legally put any of that money to the wireless internet infrastructure.

Welch, the county chief administrative officer, said county officials look forward to seeing the proposals, which he hopes will address an important need in the county of closing the internet gaps.

“Needless to say, we will take time to review the responses to see if they meet our requirements,” he said.

ALBION — The Orleans County Chamber of Commerce normally holds a Legislative Luncheon with county and state elected officials in January. That event was cancelled this past winter due to the Covid-19 pandemic.

But now, with most Covid restrictions lifted, the event is returning on July 16 at Tillman’s Village Inn from 11 a.m. to 2 p.m.

The luncheon is a chance for residents and the business community to ask questions of the government leaders, share concerns about the economic climate or discuss opportunities for community development.

“We have decided that this event is too important to simply skip over,” said Darlene Hartway, Chamber executive director. “Our theme for this year is ‘Be Engaged. Be Informed. Be the Difference.’”

Attendees are asked to RSVP by July 9 to the Orleans County Chamber of Commerce, PO Box 501, Medina NY 14103, or by email at director@orleanschamber.com or by phone or text at (585) 301-8464.

SHELBY – In spite of a difficult year coping with a pandemic and loss of their major fundraisers, the Shelby Volunteer Fire Company has a lot to be thankful for.

Tuesday night, they met to show off new turnout gear which was purchased with one of several grants they recently received.

The firefighters then put on their eight sets of new turnout gear, and provided a picture of 16 new Scott air packs, which the grants allowed them to purchase.

Fire company president Tim Petry said the fire company can’t say enough thanks to Jay Grasso, owner of G&G Municipal Consulting and Grant Writing, who wrote the Gary Sinise grant for $50,000 and a USDA Community Facilities Loan Grant for $61,000. Petry also issued heartfelt thanks to the community, whose response to a mail-in fund drive resulted in enough money to purchase five sets of gear at $2,500 each. Petry said they were especially thankful to the community, whose donations, in spite of Covid, were greater than other years.

Petry said the fire company first learned about applying for a grant when they were contacted by the Gary Sinise Foundation, asking if we could use some extra gear.

“How about we buy you eight sets?” Petry was asked.

The Gary Sinise Foundation was founded by award-winning actor and humanitarian Gary Sinise in June 2011. Sinise is known for his support of active-duty service members, veterans, first responders and their families. It has headquarters in Central Florida and San Diego.

The Shelby Volunteer Fire Company then contacted Jay Grasso of Spencerport, operator of G&G Municipal Consulting and Grant Writing, asking him to pursue the grant. The result was a $50,000 grant from the Gary Sinise Foundation. Grasso also wrote a grant to the USDA Community Facilities, which resulted in a grant of $61,000.

Provided photo: Shelby Volunteer Fire Company lined up their 16 new Scott Air Packs, which they were able to purchase with receipt of two grants. They are lined up in front of the new ladder truck, which was put into service in July 2020.

In addition to the grant from the Gary Sinise Foundation for eight sets of turnout gear, the fire company was able to purchase 16 Scott Air Packs with two bottles each.

In an e-mail to the fire company, Grasso expressed his satisfaction at helping the fire company with its operation.

“We are honored to assist the Shelby Volunteer Fire Company and they residents they serve with our grant writing assistance,” Grasso said. “Writing the successful Gary Sinise grant and the USDA Community Facilities Loan Grant was a team effort between G&G staff and fire department members. These grants will provide turnout gear and SCBA to department members. This vital gear will protect firefighters as they serve their community in dangerous conditions. I wish to personally thank department president Tim Petry for his hard work and dedication to these complicated grant applications.”

The fire company has also applied for a grant to purchase a grain bin rescue kit.

“With Covid, we lost revenue from hall rentals, as well as all our other fundraisers, so it is a blessing to get these grants,” Petry said.

He also noted the fire company put a new ladder truck into service in July 2020.

Alberto Hernandez, a native of Ecuador, walks up to receive his certificate during the recognition program on Tuesday evening.

WATERPORT – In March 2020, the World Life Institute had to cease in-person classes for about 40 farmworkers who were studying English. Some were also preparing for the test to become naturalized American citizens.

The WLI did what many local schools did. They distributed laptops to students and conducted classes as groups and one-on-one through Zoom video conferencing and the telephone.

On Tuesday, the WLI held a recognition program for the students, praising their commitment to keep up with course work despite the stress and sometime technological challenges.

“The amount of learning you did in the past 15 months is unbelievable,” Deborah Wilson, one of the program teachers, told the students.

Internet access was an issue for some students so WLI created packets for those students with two weeks of work.

Wilson said the Zoom option actually worked better for some students, who didn’t need to find transportation to the WLI education center on Stillwater Road or arrange for childcare.

WLI returned to in-person lessons in January and February. Wilson said she is hopeful the Zoom option will remain into the future as well.

“Sometimes we buck the trend,” she said. “Distance learning didn’t work at many schools. But here it worked better for many of our students.”

Some of the students used Skype for English lessons while they were on break in an apple orchard, Wilson said.

“There were some silver linings in this,” she said about the changes necessitated by the pandemic. “There are a lot of different ways to present material.”

The program is one of 16 adult education and literacy programs through the Orleans-Niagara BOCES.

Some of the students who were recognized on Tuesday gather for a group photo. The program draws students from Waterport, Albion, Barker, Oakfield, Batavia and Elba.

Dr. Clark Godshall, BOCES superintendent, attended the graduation and commended the students for their commitment to their education and for being role models for their children.

“This program is successful due to the quality staff with their consistency and dedication,” Godshall said.

He also praised the students’ families and friends for supporting the students in improving their English, especially after long days of working at their jobs.

Susan Diemert, a BOCES literacy specialist, presents a certification of appreciation to Godshall for his support of the program. BOCES recently paid for air conditioning for the WLI education center.

Malvy Rivera, right, is one of the program’s teachers.

Other teachers include Dr. Linda Redfield Shakoor, Monica Beck, Harris Lieberman, Gejlana Carter and Deborah Wilson.

The program was held under this tent on Tuesday in case it rained and to provide some refuge from the intense heat.

ALBION – The past year was a very difficult one for Community Action of Orleans and Genesee, dealing with a pandemic, the passing of the former executive director and a good deal of turnover in key positions, new executive director Renee Hungerford told a packed room during an in-service event June 18 at Maison Albion for agency staff.

“We have themed the event, ‘A New Day,’” Hungerford said. “After all this, we are ready for a new beginning. It’s a new day.”

Photos by Ginny Kropf: Renee Hungerford, director of Community Action of Orleans and Genesee, confers with Sean Ossont, president of Continual Care Solutions, whose new program ImPowr was presented at Community Action’s in-service event June 18 at Maison Albion.

The program focused on how Community Action is one agency that works together with partners to help people become self sufficient and rise up out of poverty.

A highlight of the day was a presentation by personnel of Continual Care Solutions, who have developed a program called ImPowr to simplify correlating data from each department.

Continual Care Solutions CEO Mike Kamish started his company three years ago. He designed ImPowr to cover all programs and services Community Action offers.

“It has the ability to do everything your agency has to do, all in one data base,” he said.

The morning began with opening remarks from Hungerford, and Community Action’s board chair Barb Shine and ROMA training by Jackie Orr, New York State Community Action Association CEO. ROMA, Results Oriented Management and Accountability is required by the state for all Community Actions.

Skip Helfrich, head of Leadership Orleans, led several team building activities.

After lunch catered by Chaps’ Elba Diner, a tribute to former director Ed Fancher, who died May 20, 2020.

Orr, Bonnie Malakie, director of Children’s and Youth Services, and Annette Finch, director of Emergency Services, presented a tribute to former director Ed Fancher was presented by

Orr, who read a poem she had written, while Finch and Malakie shared their memories of working for Fancher, who passed away from cancer on May 24, 2020.

Annette Finch, a 44-year employee of Community Action, is silhouetted against the screen showing the late director Ed Fancher with Assemblyman Stephen Hawley. Tears were shed as Finch paid tribute to Fancher, who passed away from cancer on May 24, 2020. Fancher was the agency’s executive director and worked for Community Action for 32 years.

“I talk from my heart,” Finch said. “I had started at Community Action in 1977 and in 1986 I got a call from Ed’s mother-in-law asked me if I could get Ed a job. She said he was just married and having a baby. I went to Mr. Pulley (director at the time) and told him Ed had been in the Marines and had done accounting. I asked what we could do about this young guy who wanted to work for us. Mr. Pulley asked me, ‘What do you think?’ I said, ‘I think we should give him a chance. Ed went on to become our executive director. We don’t want to go back in time, but we don’t want to forget the man Ed was.”

“I sit in my office and I see his chair. I talk to him, asking him to give guidance to us, to Renee and to the staff – to keep this agency’s mission. God love Mr. Pulley for bringing that wonderful man into our agency,” Finch added.

Malakie offered her remembrances.

“I know the reason you are all here is because your heart is in the right place. It’s hard to believe it’s been more than a year. I know what Ed would say. ‘Don’t talk about me for very long, if you have to talk about me at all.’ He was such a big part of our lives and Community Action. He truly loved Community Action, Head Start, the Main Street Store, all of which were under his leadership. He was a true servant leader. Nothing he expected you to do, he wouldn’t do himself.”

Malakie called Fancher consistent, humble, collaborative, committed, caring and giving.

“He did not like to be in the limelight,” she said. “He was highly respected in the community. He had been treasurer of every organization in the county, a Boy Scout leader, a member of the Albion Alumni Association, an active member of his church and its choir and member of many professional organizations.”

To be sure Fancher’s legacy is carried on, $5,000 in donations has been made to the Albion Alumni Association in his name. Steps are being taken to make sure the new Ed Fancher Memorial Scholarship Fund becomes endowed. A $2,500 per year scholarship will exemplify his life of service as director of Community Action of Orleans and Genesee. It will be awarded after a student completes one year of college, having maintained a 3.0 GPA.

“As you go forward in 2021-22, don’t think about the past,” Malakie concluded. “It is what it is. It’s a ‘New Day.’”

The day concluded with recognition of employees for their years of service. Recipients who would have been honored in 2020 for 2019 were Lisa Church and Edna Schramm, 20 years; Cheryl Bartz and Judy Martino, 15 years; Joe Wright, 10 years; and Brenda Cook, Rachael Escobar, Teri Lester and Barb Miller, five years.

Those recognized from 2020 were Heidi Wyant, 30 years; Cathy Brien, 25 years;  Lisa Church. Edma Schramm, Bonnie Malakie and David Laraby, 20 years; Ken Pritt, 15 years; Carrie Moreland and Taryn Moyle, 10 years; and Julie Bailey, Virgie Brooks, Michelle Figueroa, Erin Mattison, Jessa Pollock and Tami Slingerland, five years.

Town of Yates, Clear Skies Above Barre among the plaintiffs

Press Release

ALBANY – Today, local governments, community organizations and conservation and public interest groups across New York State are set to file a lawsuit against the New York State Office of Renewable Energy Siting (ORES) asserting a violation of New York State Environmental Quality Review Act (SEQRA).

The lawsuit seeks to overturn regulations setting standard uniform conditions applicable to all renewable energy projects in the state. The coalition of plaintiffs alleges ORES failed to acknowledge that its regulations for siting power plants could result in even one significant adverse environmental impact, and as a result failed to prepare and environmental impact statement.

Jim Simon

“As an elected town supervisor whose residents have industrial renewable energy targets on our backs, I for one will not sit back and allow the 94-C law and regulations — written behind closed doors by unnamed people and being administered, remarkably, by one unelected official —  to violate the norms of procedural and rural environmental justice,” said Jim Simon, Yates Town Supervisor. “We all want to contribute to a more sustainable future, but when ORES ignored the local knowledge and expertise of thousands of comments offered on their draft regulations, it was clear that New York State wasn’t interested in what is clean, green or sustainable. Rather, it is bent on being arbitrary, capricious and dictatorial.”

The lawsuit marks one of the first challenges against ORES, which was recently created as part of Accelerated Renewable Energy Growth and Community Benefit Act in the FY2020-2021 Budget. ORES was created to fast-track siting for proposed industrial-scale renewable energy projects, and to assist New York in meeting its aggressive renewable energy goals. Speed is no doubt important in siting renewable energy projects, but speed is not everything. In creating a new energy plant siting process, ORES ignored thousands of public comments in prioritizing speed over the robust review of environmental impacts.

New York State Environmental Quality Review Act (SEQRA) requires “all state and local government agencies to consider environmental impacts equally with social and economic factors” when taking government action. In taking action to promulgate new regulations for siting power plants, ORES was required to take a hard look at the environmental impacts of the regulations. ORES’s failure to create an Environmental Impact Statement is particularly concerning given the state’s recent adoption of a law exempting individual project applications from SEQRA review.

The lawsuit is filed on the grounds that ORES failed to meet the legal requirements of SEQRA to take a “hard look” at the environmental impacts that could result from their permitting standards prior to adopting their regulations. ORES performed only a cursory “short-form” review, in violation of the detailed environmental impact statement that SEQRA requires. In fact, ORES concluded that regulations applicable to wind farms with 700-foot turbines spanning entire counties, and solar projects covering thousands of acres of farmland, would not result in even one adverse environmental impact.

Growing concern surrounding the unforeseen consequence of New York State’s new expedited siting process (94-C) was partially sparked by Hecate Energy’s proposed Shepherd’s Run solar facility in rural Copake and Craryville, NY. The industrial-scale solar facility will devastate more than 250 acres of natural resources, landscape, farmland and rural viewsheds in Copake.

Shepherd’s Run is a clear violation of local zoning laws. In 2017, the Town of Copake enacted a prohibition on solar energy projects greater than 10 acres to ensure that developers respect its natural resources, farmland, wildlife, rural viewsheds, property values, and agriculture- and tourism-centric economy. In response, Chicago-based Hecate Energy has committed to using the 94-C process to bypass the Town of Copake’s planning board and zoning laws, as well as overwhelming community opposition and concern. Hecate Energy is one of many renewable energy developers that will most likely ignore local authority, a signal that upstate, rural New York will become the “Wild West” when it comes to siting solar and wind projects.

The regulations also entrench arbitrary timelines that don’t universally allow enough time for necessary wildlife field studies. Similarly, automatic approvals loom if challenging review deadlines are not met, making it possible for harmful projects to bypass input from key stakeholders.

Only the most threatened of wildlife species are given real consideration, and even these are afforded little protection. Worst of all, there is nothing concrete to ensure that projects are sited in low-risk locations, which is the most important aspect of minimizing impacts to wildlife. This is crucial, since projects are too often proposed in inappropriate locations. For example, Heritage Wind in Orleans County is proposed adjacent to a high-biodiversity wetland complex that supports nesting Bald Eagles and many rare species, in a major migratory pathway for birds.

The Climate Leadership and Community Protection Act passed in 2019 and established ambitious clean energy goals for New York State. Legislation and statewide initiatives to promote renewable developments and rapid transition to green energy shortly followed. The pursuit of dramatic transformation has revealed the threat to New York’s rural communities if proper consideration is not given to the local impacts of siting large-scale projects in rural and natural areas. Organizations across the state have taken notice of the pathway New York is on and are raising their collective voices.

The plaintiffs suing are a broad group of Upstate towns and public interest organizations at risk of being adversely affected by existing and proposed permit applications in front of ORES.

• Town of Copake
• Town of Yates
• Town of Somerset
• Town of Farmersville
• Town of Cambria
• Town of Malone
• Cambria Opposition to Industrial Solar, Inc.
• Save Ontario Shores, Inc.
• American Bird Conservancy
• Delaware-Otsego Audubon Society
• Genesee Valley Audubon Society
• Clear Skies Above Barre, Inc.
• Rochester Birding Association

The lead lawyers in the matter will be Mindy Zoghlin and Benjamin Wisniewski, of the firm Zoghlin Group PLLC, who also represents the Town of Copake in the Hecate Energy Shepherd’s Run application, and Gary Abraham, long-time energy and environmental advocate.

William Sheehan, the Vice President and General Counsel of the American Bird Conservancy, is acting as its co-counsel in the case. The team has deep knowledge and experience in the renewable energy siting permit area, as well as in environmental and land use litigation.

The suit will seek a temporary restraining order (TRO) and a preliminary injunction to invalidate the ORES regulations, and to require ORES to adopt new regulations based on performance of a full environmental impact statement studying the environmental effects that could result statewide from ORES permits for large-scale renewable energy installations.

The suit also seeks an order shifting all current and potential ORES applications to the already existing state Siting Board for review of applications under Article 10 of the Public Service Law. This alternative means of siting will allow the state to continue working towards its renewable energy goals while ORES takes the time it needs to create new, more protective regulations. The Siting Board, unlike ORES, employs a well-established process for reviewing, mitigating, and avoiding the environmental impacts of renewable energy projects.

“What we are seeing here is regulatory capture,” said Benjamin Wisniewski, Partner at the Zoghlin Group PLLC. “ORES hired a renewable energy industry consultant to draft regulations that favor the industry, then ignored broad-based criticism from nearly everyone else with a stake in power plant siting. The goal of this litigation is to force ORES to actually consider the concerns of rural New Yorkers, host municipalities, and environmental groups. ORES must be required to address the significant adverse impacts of industry-friendly regulations, and make changes where appropriate.”

“We’re asking, how much environmental destruction should be tolerated in order to obtain small amounts of power from wind and solar farms?” said Gary Abraham, long-time energy and environmental advocate. “The State failed to look at that question. But the law requires not only the question, but reasonable answers.”

“As Town of Somerset Supervisor, it is unthinkable to have this state create ORES to oversee and override our local laws and comprehensive plan. One person should not decide what is best for us. It’s become clear that ORES doesn’t care about environmental or health the safety of our community,” said Jeff Dewart, Somerset Town Supervisor.

“The regulations had the potential to create a model for rapid, yet environmentally responsible renewable energy development. Instead, far too little protection was afforded to birds and other wildlife, and the resulting process poses too much risk and uncertainty. It’s truly unfortunate that this lawsuit is necessary, but improvements must be made to these regulations,” said Joel Merriman, American Bird Conservancy’s Bird-Smart Wind Energy Campaign Director.

“New York has certainly accelerated away from the sensible, neglecting its diversity and trading it for assumed ‘greener pastures.’ We can only begin to make a praise-worthy impact when we honor the beauty we already hold,” said Barbara Verburg, president of Clear Skies Above Barre, Inc.

“Save Ontario Shores has participated in a State siting process for six years with an out-of-state developer who does not recognize critical local environmental, health, safety and economic concerns as legitimate. The State response to community concerns is to create a system (ORES) that tips the scale in favor of the developers on all counts. Our voices are now shut out of the process and that means wildlife and habitat is sacrificed and local comprehensive planning is trampled,” said Kate Kremer of Save Ontario Shores, Inc.

“The ORES legislation’s ‘quick fix’ to the climate crisis risks harming species diversity and ultimately humans. Science-based setbacks from areas of importance to wildlife, including major bird migratory routes and wildlife concentrate areas are necessary to protect species from further decline. Climate change and nature loss are interlinked and must be tackled together. This is also a finding of a key recent report by 50 leading scientists from around the world searching for combined solutions to the climate and biodiversity crises. Fixing ORES could put New York State on the front line of creating a positive solution to both of these crises,” said Amy Kahn, Conservation Chair for the Rochester Birding Association.

Press Release, Orleans County Sheriff Chris Bourke

ALBION – Orleans County Sheriff Christopher M. Bourke, who is the county’s STOP-DWI coordinator, announced that local law enforcement agencies will actively participate in the STOP-DWI July 4th High Visibility Engagement Campaign from July 2 to July 5.

As summer is in full swing, July 4th is one of the busiest travel holidays of the year. With the increase in traffic on our roadways comes an increase risk in crashes, including impaired-driving crashes.

Law enforcement agencies and local STOP-DWI programs will collaborate across the state and will be out in force in this coordinated effort to reduce the number of impaired driving-related injuries and deaths.

People who are impaired are encouraged to plan a safe way to get home. They can call for a ride from a sober friend/family, taxi or Uber.

The STOP-DWI High Visibility Engagement Campaigns are promoted by New York STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation.

Photos by Tom Rivers

CARLTON – The Dave Viterna Group performs Tuesday evening at the Orleans County Marine Park to kick off the summer concert series. This was the first concert in nearly two years at the Marine Park after last year’s slate of performances was cancelled due to Covid-19 concerns.

Dave Viterna is the lead singer and guitar player for the band, which includes “Scooter” Scott Felice on drums and Marty Hobbs on guitar.

The band plays blues and rock music. In this photo they are playing a song by Stevie Ray Vaughan.

The crowd was spread out on the rolling hills in front of the pavilion.

This is the 11^thseason of concerts organized by the Oak Orchard Neighborhood Association in partnership with the Orleans County Tourism Department. There is a $2 admission charge per person or $5 per family.

The Clarendon Lions Club served hot dogs and hamburgers from the grill. Kevin Johnson, right, tended to the grill and Brian Collins was the “runner” taking the hot dogs and hamburgers to people in line. Johnson said it was a busy opening night for the Lions Club, which had many of its fundraisers sidelined in the Covid-19 pandemic.

Dave Viterna and Marty Hobbs had the crowd rocking on Tuesday evening at the Marine Park.

The lineup for the rest of the series at the Marine Park includes: Highway 31 (July 6), The Who Dats (July 13), the Brick Band (July 20), Trellis Cooper Band (July 27) and Jonesie & the Cruisers (Aug 3). Rain dates are scheduled for August 10 and 17.