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Medina schools leaning towards tax exemption for veterans

By Tom Rivers, Editor Posted 14 January 2015 at 12:00 am

District eyes offering the minimum tax break

Photos by Tom Rivers – Carl Boyle of Lyndonville tells Medina Central School Superintendent Jeff Evoy (in back) that the district should support a tax exemption for veterans. Boyle served during the Cold War and he said the tax exemption doesn’t include Cold War veterans.

MEDINA – The Board of Education hasn’t made a final decision, but the group is leaning towards offering about 500 veterans in the school district a discount in their school taxes, a move that will cause a tax increase for nonveterans.

“It’s a difficult decision in light of the economy and the poverty in our county, and in light of the debt we owe our veterans,” said Chris Keller, president of the Medina BOE.

The Board of Education discussed offering the exemption to veterans during Tuesday’s board meeting. Board members said they don’t want to put undue financial stress on nonveterans.

With that in mind, the board is considering offering the minimum tax exemption to veterans. If it approved, nonveterans would pay $32 more in taxes for a property assessed at $100,000, school superintendent Jeff Evoy said.

Veterans who served in wartime (World War I, World War II, the Korean War, Vietnam War, and Persian Gulf Conflict since Aug. 2, 1990) would get $6,000 off their assessments. That would save eligible veterans about $140 each. (The district’s tax rate is $23.31 per $1,000 of assessed property. Multiply $23.31 by 6 to determine the dollars saved through the exemption.)

The state in December 2013 voted to allow school districts the option of giving the exemption. The county, all 10 towns and three villages already had been offering it to veterans. (Only the Village of Albion doesn’t, according to the county Office of Real Property Tax Services. Updated 10:30 a.m.: The Village of Albion offers the exemption to veterans in World War I, WWII, and the Korean War.)

Board of Education President Chris Keller said the district wants to offer the exemption for veterans, but school officials don’t want to shift too much tax burden on other residents.

Medina is the first school district in the county to take up the issue. Veterans in November approached the Board, asking the district to implement the exemptions.

“It’s not an easy issue, no question about it,” said resident David Barhite. “But we wouldn’t be here without our veterans.”

Barhite said veterans deserve the tax discount. Many of them sacrificed pay and benefits from their jobs to be in the military, he said.

In addition to the $6,000 wartime exemption, veterans who were in a combat zone could have their taxable assessed values dropped by another $4,000. That would save another $93.24.

Veterans who are disabled from their military service could get $20,000 off their assessments, which would save them $466.20, based on the district’s current tax rate.

The state law allows districts to offer double what Medina is considering. The maximum exemption would be $12,000 off for wartime service, $8,000 for combat duty and $40,000 for being disabled.

If Medina offered the maximum exemptions, nonveterans would see their taxes go up $51 for properties assessed at $100,000, according to school officials.

Dave Kusmierczak said veterans could use the exemption, but he would prefer it to be offered through state income taxes and not property taxes.

Maureen Blackburn, former BOE president, said the community has many struggling young families, where $30 to $50 more in taxes is a big deal.

“That might be snow boots,” she said.

Blackburn said she holds veterans “in the highest regard,” but the district needs to consider the impact and tax burden on younger families, who live in a much different and more difficult economy these days. Many of the families are working double jobs and still not making ends meet, Blackburn said.

“I would like our young families to have a place at the table when you’re considering your decision,” she said.

Nelda Toussaint also spoke against the exemption, saying it wasn’t fair to other residents who would see a shift in their taxes. Another resident, Tim Elliott, said he thinks many residents are struggling to get by, and the added taxes would be difficult for them to pay.

The New York State School Boards Association opposes the “alternative veterans exemption” because it would require other local taxpayers to make up the difference. The association would prefer to see the state provide the exemption through state income taxes.

“The law as is presents school boards with a dilemma,” NYSSBA Executive Director Timothy G. Kremer said in a statement last February. “If they adopt the exemption, that would increase taxes for other taxpayers in their district. If they do not adopt the exemption, they could be viewed as not being supportive of veterans.”

Local veteran Dave Kusmierczak said veterans could use a break in their taxes. The exemption through property taxes not only shifts some of the tax load to nonveterans, but it also excludes many veterans, Kusmierczak said. If they don’t own property, they won’t get an exemption. He would like to see the benefit offered through income taxes so more veterans would be able to use it.

Carl Boyle served in the Cold War, but the state doesn’t include that as wartime service. He said the proposal discriminates against veterans in the Cold War.

Carl Boyle served overseas in Germany during the Cold War. He isn’t eligible for the wartime exemption because Cold War veterans weren’t included.

Boyle said he slept for months outside in the cold during his service, and tensions were high with the Russians.

“It was a war of nerves,” Boyle told the Board of Education. “It took a toll on me and several other thousand Cold War veterans. The Cold War vet is being crapped on. That isn’t fair. That’s discrimination.”

Medina has 217 veterans eligible for the wartime exemption and 260 more eligible for service in a combat zone. Of those two groups, 95 are rated as disabled.

BOE President Chris Keller took a poll of board members on Tuesday, to see where they stand at this point. Several said they were in favor of offering the minimum exemption. But the board wants more time to consider the issue and weigh the impacts.

Offering the exemption would also reduce the district’s STAR funds from the state by $4,524, with nonveterans to make up that difference, Evoy said.

The district will have another public hearing at 6 p.m. on Feb. 10 for the minimum exemption levels. The board could vote on the issue at that meeting. In order for the exemption to apply to the 2015-16 school taxes, the board needs to adopt the exemption by March 1.

BOE member John McCarthy said the district is in a difficult position. He said the state allowed the exemption, but passed the decision making and impact to the local level.

“It will pit neighbor versus neighbor, and school district versus school district,” McCarthy said.

Medina sets next village trustee election for March 18

By Tom Rivers, Editor Posted 14 January 2015 at 12:00 am

MEDINA – Regardless of the dissolution vote on Jan. 20, there will be another village election in the spring with two trustee positions on the ballot.

The village election usually falls the third Tuesday of March, but this year that lands on St. Patrick’s Day. Because of that, the Village Board voted to move the election a day later to March 18, a Wednesday.

Trustees Mark Kruzynski and Mark Irwin both have their positions up for election.

Petitions are currently available at the village office. Petitions can be turned in to the village clerk between Feb. 3 and Feb. 10.

Even if dissolution is approved on Jan. 20, the village government will remain for an estimated two years to allow for a transition.

Besides setting the date for the next village election for March 18, the board on Monday also hired a new police officer. Edwin Bower comes from the Holley Police Department. He graduated from the Rural Police Training Academy last March. He will start at Medina with a salary at $44,712.

Oratorical winner says citizens need to be more informed and committed

By Tom Rivers, Editor Posted 14 January 2015 at 12:00 am

Photo by Tom Rivers

ALBION – Meredith Patterson, winner of the Orleans County American Legion Oratorical Contest, shared her winning speech with the County Legislature today. Patterson, a junior at Albion, calls on citizens to better understand the U.S. Constitution and commit themselves to being active participants in the government.

Patterson said the Constitution is a job description for Americans.

“How long do you think you would be employed if you didn’t understand your job description?”

Orleans County Legislator John DeFilipps is at left and Mark O’Brien, director of the County Mental Health Department, is in back at right.

Take the 500-word, promote-Orleans challenge

By Tom Rivers, Editor Posted 14 January 2015 at 12:00 am

Editorial

In about 500 words, how would you best tout Orleans County as a place to visit?

That was my challenge. My co-workers at The Lake Country Pennysaver are putting together the 2015 Orleans County Visitor’s Guide. This publication begins with a welcome message that is about 500 words.

This is what I came up with:
In Orleans County, you’re welcome to slow down and relax

File photos by Tom Rivers

The leaves are changing colors by Fruit Avenue in the Town of Ridgeway in this photo from October.

Orleans County moves at a slower pace than the bigger cities and larger metro areas nearby. We don’t apologize for it.

You’ll find some of us parked along country roads with binoculars in hand, gazing at a Snowy Owl or a bald eagle. In the fall, we enjoy a walk in the woods, or along the historic Erie Canal. You’ll see us out jogging, riding a bike or enjoying the local waterways by boat or kayak.

Some of us prefer fishing. Our Oak Orchard River is world-famous for its Chinook salmon, brown trout and rainbow trout. You can catch these fish in a lot of our smaller streams, too.

We have our favorite fishing spots – maybe an old quarry or a spot off the beaten path. (I know where I like to go, and I’m not telling.)

Jeff Baron, the father of a Tiger Cub, joins about 50 Scouters and their family members while fishing in an old Albion quarry in September 2013.

This is a beautiful county with lush landscapes. We still have plenty of unpaved roads out among the farms. I can’t help but smile when I drive along Woodchuck Alley or Johnny Cake Lane. “Progress” can wait. I’m happy out here.

We’re a big apple-growing county. The best time for a country drive may be in the spring when the blossoms on our fruit trees are in full bloom. Roll down your window because it smells as pretty as it looks.

If you want to feel inspired by the American Dream, Orleans County showcases the grit and determination of immigrants and pioneer settlers from the 1800s. They dug the Erie Canal, which opened in 1825 and cuts through Orleans County. Prosperity followed, with ornate residences, soaring churches, and spare-no-expense government buildings and downtown commercial sites.

Other communities knocked down their mansions to make way for chain stores. They demolished historic downtown buildings for malls and parking lots. Our Orleans ancestors cleverly kept the bulldozers at bay.

The downtown business districts in Albion and Medina are on the National Register for Historic Places. So is Courthouse Square and the seven churches within that block. Many of our grand old houses and cemeteries also are on the National Register, a nod to their significance to the American experience and their remarkable preservation for nearly two centuries.

The industrious pioneers in the early- to mid-1800s built houses featuring cobblestones on the exterior walls. Orleans and surrounding areas are a treasure trove of these unique structures, including the oldest cobblestone church in North America (1834), which is part of the Cobblestone Museum – one of only a few sites in Western New York deemed a National Historic Landmark.

That museum includes lots of surprises. One of my favorites is the outhouse that belonged to Rufus Bullock. Rufus grew up in Albion and went on to become governor of Georgia just after the Civil War. He is buried in the historic Mount Albion Cemetery.

You can learn and experience a lot around here. Best do it by foot, or by boat. Take your sweet time.

The Cobblestone Museum has six outhouses, including this one next to the Farmer’s Hall.

Orleans Hub readers are welcome to submit their own sales pitches about the county in 500 words or so. We could run them as letters to the editor. Send your “Welcome to Orleans County” messages to news@orleanshub.com.

Denomination wants congregation out of historic Albion church by April 15

By Tom Rivers, Editor Posted 14 January 2015 at 12:00 am

File photos by Tom Rivers – The First United Methodist Church in Albion, built in 1860, is located at the corner of Platt and East State streets. The Upper New York Conference of the United Methodist Church wants the congregation to vacate the build within three months due to structural issues with the roof.

ALBION – The First United Methodist Church will be leaving a building that has been the congregation’s home for more than 150 years.

The Upper New York Conference of the United Methodist Church has given the congregation an April 15 deadline to be out of the historic building at the corner of Platt and East State streets.

Church members are working on packing up possessions in the church and cleaning out rooms. It will be an arduous process, said Terry Wilbert, church of the church’s administrative council.

Many of the items will go into storage. Some will be thrown out or recycled. Some may be donated to other churches or back to families.

The Conference discussed the Albion building during its meeting Monday in Syracuse. The church has a failing roof and replacing it, with a new structural system, is estimated at about $1 million, money the church doesn’t have.

The church has many large stained glass windows including this one of “The Good Shepherd.”

The congregation of about 30 families plans to stay together, to continue its Sunday School ministry and worship service. Wilbert said the congregation is negotiating with Christ Episcopal Church to jointly share that building on Main Street.

“It will be temporary and we don’t know if temporary is five weeks, five months or five years,” Wilbert said today.

The Conference wants to try to sell the building that dates from at least 1860 and is part of the Courthouse Square, which is listed on the National Register of Historic Places.

Wilbert said the Conference is reaching out to real estate firms and auction companies to market the building nationally.

The church has been using five wooden beams to help support the roof since December 2012.

For more than two years the church has rented tall wooden pillars to support the roof. That isn’t a long-term solution and those beams are costing the church about $15,000 a year. The Conference has committed to paying that cost in the immediate future, Wilbert said.

In the meantime, church members will be cleaning the site and boxing up valuables.

“It’s a daunting task when you think about how big the building is,” Wilbert said.

Eagle Harbor was the last district schoolhouse in Orleans County

Posted 13 January 2015 at 12:00 am

By Bill Lattin, retired Orleans County Historian

EAGLE HARBOR – This photo was taken in May 1959 at the two-room District Schoolhouse in Eagle Harbor. It was the last district school to operate in Orleans County.

Mrs. Mary Long, the teacher, stands in the back of one of the classrooms while 16 of her students work on a lesson.

Man with gun but no pistol permit could face prison

By Tom Rivers, Editor Posted 13 January 2015 at 12:00 am

ALBION – An Albion man, 24, could face state prison when he is sentenced on March 23.

Matthew Mudge admitted in Orleans County Court on Monday that he had a loaded .380 caliber automatic pistol on Aug. 16. Mudge acquired the pistol at a gun show, he told Orleans County Court Judge James Punch.

Mudge did not have a pistol permit. He was arrested on Aug. 16 for third-degree and fourth-degree criminal possession of a weapon. He was charged following investigation of a “suspicious person” complaint on Bass Road in the Town of Carlton.

Mudge said he was lost in Carlton when he knocked on a door looking for directions. A deputy stopped him soon after and did a search, finding the pistol on Mudge.

Mudge could be sentenced to up to 1 1/3 to 4 years in prison.


In other cases:

An Albion woman avoided jail and Probation after facing drug charges on April 1. Julie Hardy, 47, pleaded guilty to attempted criminal possession of a controlled substance in the seventh degree.

Judge Punch gave her a conditional discharge, saying her only condition is to not break the law for a year. She was arrested after cocaine was found in the pocket of a black leather coat in her room at her home during a police search. Hardy said the coat wasn’t hers.

Her husband, J.W. Hardy, faced more serious drug charges and was found guilty by a jury on Monday, following a trial.

Judge Punch said Mr. Hardy was orchestrating the drug activities at the house.

“Clearly you were not the main operator and were somewhat of a bystander,” the judge said during sentencing.


A woman from Ridgeland, SC, was arraigned on charges of grand larceny in the third and fourth degree. Carly S. Wells, 25, allegedly racked up $28,000 in fraudulent purchases and/or cash withdrawals on someone else’s credit card.

She pleaded not guilty to the charges. She is free on $50,000 bail.


A Lyndonville man pleaded guilty to violating terms of his Probation. He could face up to 7 years in prison when he is sentenced on Feb. 9.

Joseph R. Hagen, 31, was charged in October with harassment for pushing and threatening to kill a person, according to the Sheriff’s Department.

In court on Monday, Hagen admitted to pushing his wife, failing to report to numerous Probation appointments, traveling to Florida without Probation permission, moving in October without notifying Probation of a change in his address, drinking alcohol, smoking marijuana and not paying restitution since October.

Medina approves 15-minute parking spot for auto parts store

By Tom Rivers, Editor Posted 13 January 2015 at 12:00 am

Village also adopts law for temporary storage shelters

Photo by Tom Rivers – Craig Lacy addresses Medina village officials on Monday during a public hearing. The group includes, from left: Village Clerk Debbie Padoleski, Village Trustee Mark Kruzynski, Trustee Marguerite Sherman, Mayor Andrew Meier, Trustee Mike Sidari and Trustee Mark Irwin.

MEDINA – The Village Board approved two local laws on Monday, one that establishes a 15-minute parking space on North Main Street in front of Napa Auto Parts and another law that regulates temporary storage shelters.

Craig Lacy, owner of Napa, said his customers are often frustrated with the parking situation near the store at 345 North Main St. The village has a 2-hour parking limit on Main Street, but many vehicles seem to be there much longer, making it a challenge for merchants, Lacy said.

His store and others on North Main Street don’t have the option to park behind the building, freeing up space on Main Street. He tries to point some customers to a lot in the Canal Basin, but customers prefer being closer to the store.

Lacy requested two 15-minute parking spots and the Village Board voted to give him one from 8 a.m. to 5 p.m. on Monday through Friday. Trustee Marguerite Sherman said Lacy’s building is in an unusual spot at an intersection with a bump-out.

“There is a need for something,” she said about the parking situation. “I can feel for what Mr. Lacy has to say. You hate to open up a can of worms, but something needs to be done to help out.”

The board approved the 15-minute spot and Mayor Andrew Meier said the board would consider such requests on a case-by-case basis. Meier said Lacy faces competition from the chain auto parts stores that have their own parking lots.

The board and Medina Business Association said they would again remind downtown business owners and their employees to park behind their buildings if possible and use municipal lots to free up space on Main Street.

Police Chief Jose Avila reported to the board that the police enforce parking laws, and wrote 180 parking tickets throughout the village last year.

The board also approved a law for temporary storage containers – Pods and shipping containers – that are becoming increasingly popular.

Some of these containers stay on sites for months, resulting in deteriorating appearance in property and in complaints, village officials said.

The new regulations for temporary storage containers establish them as portable storage units without a permanent foundation. They may include cargo containers, truck trailers, construction trailers and bulk solid waste containers.

The village is limiting sites to a maximum of two cargo containers for no more than 60 days per calendar year. If homeowners suffer a fire or flood and need the container longer, they can seek a demolition or building permit with the cargo container to be removed a week after the demo or building permit expires.

The regulation proposes similar standards for portable storage containers and establishes setback requirements.

Semi-truck trailers are limited to commercial or residential sites. Construction trailers are allowed in commercial, residential and industrial sites but must be removed a week after a building permit expires or certificate of occupancy is issued.

Bulk solid waste containers are allowed for up to 45 days in a year. They must be kept at least 5 feet from side and rear property lines and at least 10 feet from front property lines, according to the new regulation.

Albion man with long criminal history gets 10 years in prison

By Tom Rivers, Editor Posted 12 January 2015 at 12:00 am

ALBION – An Albion man with a criminal history dating back nearly four decades was sentenced today to 10 years in state prison for several drug crimes.

Charles G. Ingram, 59, was arrested last April 1 along with 15 others following a six-month investigation into the sale and distribution of crack cocaine, heroin, prescription narcotics and marijuana in the village of Albion, the Orleans County Major Felony Crime Task Force reported then.

Ingram’s case went to trial and he was found guilty by a jury on Oct. 31. Today he was sentenced for two counts each of criminal sale and criminal possession of a controlled substance in the third degree, as well as one count of criminal possession of a controlled substance in the seventh degree.

Charles Ingram

His attorney Kevin McKain said Ingram’s more recent crimes included “minuscule sales, very small sales” with Ingram acting as the middle man.

“He certainly was not profiting greatly from these sales,” McKain said during sentencing this afternoon.

Ingram has a long history of crack cocaine use and alcohol abuse, and has used his criminal actions to pay for his addictions, McKain said.

Ingram also suffers from diabetes and had his left leg amputated since he was jailed last April.

District Attorney Joe Cardone said Ingram has a lengthy criminal history since 1975, with repeated convictions for narcotics sales.

Ingram has served four prison terms since 1975, adding up to 32 years behind bars.
When he was most recently arrested, he was living at 175 North Main St., Room No. 20.

County Court Judge James Punch gave Ingram 10 years in state prison.

“You’ve been profiting from these sales for a long time,” the judge told Ingram at sentencing. “You’ve been doing this type of thing and other crimes for decades.”

Medina will pursue federal grant to add firefighters

By Tom Rivers, Editor Posted 12 January 2015 at 12:00 am

Photo by Tom Rivers – Jonathan Higgins, a captain with Medina Fire Department, speaks to the Village Board tonight, asking the group to pursue a federal for more firefighters.

MEDINA – The Village Board will pursue a federal grant to add staff for the Fire Department. Whether the village will seek two or four full-time firefighters remains to be decided.

Jonathan Higgins, a captain with the Medina FD, presented the grant program to the board during today’s board meeting. The federal Staffing for Adequate Fire & Emergency Response grants would cover firefighters’ salary, benefits and retirement contributions for three years, as long as Medina maintains its existing staffing levels of 13 full-time firefighters.

The department also has two temporary paid positions. Those spots could be made full-time without the temporary status as part of the grant, Higgins said. He would the department to add four staff, making the two temporary part of the regular paid crew and adding two more.

Medina Mayor Andrew Meier wants to pursue the grant, but he isn’t convinced the village should go after four more paid positions. He worries if the community could afford the salaries after the grant expires in three years.

Medina isn’t obligated to continue the positions after three years.

The village tried for the SAFER grant last year and sought two positions. It wasn’t approved for the grant. Higgins believes the Fire Department has a compelling case for the grant.

The department responded to nearly 3,000 calls last year. The Fire Department went from six to 13 full-time staff in 2006 when it took over the ambulance service in western Orleans from Rural Metro.

The Fire Department estimated then that there would be approximately 1,500 annual calls for service. Last year it responded to 2,986 calls. The call volume has been growing about 200 calls a year since the village become primary ambulance providers for western Orleans.

“If we keep increasing our calls by 200 we’ll be drowning,” Higgins told the Village Board.

He said the department’s application would have a better chance for approval by seeking four firefighters, rather than two.

The Village Board agreed to pay $1,800 to Grantmasters Inc. in Lewiston to write the grant, which is due to the Federal Emergency Management Agency by March 6.

The board, however, wants more time to decide whether to seek two or four firefighter positions. Meier said the department may not be able to offset 17 full-time positions through ambulance-generated revenue.

“I see four firefighters as being a very tough pill for the community to swallow,” Meier said.

Higgins said the increasing call volume has generated larger than expected revenues for the fire department. The village in October also approved higher mileage reimbursement rates for the ambulance (from $20 to $30) and a $50 out-of-district surcharge for calls outside western Orleans.

Over a full year, Higgins said those charges should add another $250,000 in revenue for the department.

The Village Board voted to start the grant application process, while Meier and the fire department look at revenues and costs for the department, trying to project the future.

If the village is approved for the grant, the new firefighters likely wouldn’t be hired until early 2016 with the grant covering their salaries until early 2019.