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Albion will pursue $750K grant and loan for CRFS

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

ALBION – The village and the Orleans Economic Development Agency will seek a $750,000 state grant and low-interest loan package to aid the expansion by Claims Recovery Financial Services.

The village of Medina and the EDA pursued the funding last February, when CRFS announced it was expanding into the Olde Pickle Factory in Medina. The state in April approved Medina’s application for a Community Development Block Grant through the state’s Housing Trust Fund Corporation.

However, the money hasn’t been received by CRFS. And now the company is expanding again. It will move its Medina operation and its workforce in Albion to the former JPMorgan Chase site.

The company and EDA want to transfer the grant and loan to Albion. The village will have a pubic hearing on the revised application at 7 p.m. on Oct. 23. The hearing will be at the Village Hall, 35-37 East Bank St.

Mayor Dean Theodorakos said the application will be the same as in February, when the company sought a $367,500 grant and a $367,500 deferred loan. The other $15,000 goes to Harry Sicherman, a grant writer and consultant from Buffalo. He will prepare the application and will administer the funding.

CRFS employs nearly 600 people in Orleans County and is working to add 150 jobs as part of the expansion in the former Chase site. Theodorakos said more details about the application will be available at the public hearing.

Funeral home raised $1K for Hospice with car show

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

Photo by Tom Rivers

ALBION – The Merrill-Grinnell Funeral Home wanted to raise money for Hospice of Orleans, and also give the community a fun event. On Sept. 29, the funeral home had a section of East State Street closed down and lined with classic cars and trucks.

The car show attracted 59 entries and raised $1,000 for Hospice. Rebekah Karls, Merrill-Grinnell manager, presented a $1,000 on Wednesday to Hospice.

Karls, center, is pictured with Marsha Rivers, Hospice director of development and community relations, and Dennis Bates, a funeral director at Merrill-Grinnell. Karls said the funeral home wants to do the event again next year.

NY ranks as worst business climate

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

An organization has looked at the tax burden in each state – property, income and corporate taxes, as well as unemployment insurance costs – and put New York dead last.

The Tax Foundation announced the results on Wednesday. New York was 49th in 2010, behind only New Jersey. But the new ranking declares NY as the least attractive state to do business.

Wyoming is the most friendly, in terms of a light tax burden, according to the report, available at https://taxfoundation.org.

“The modern market is characterized by mobile capital and labor, with all types of business, small and large, tending to locate where they have the greatest competitive advantage,” according to the Tax Foundation report. “The evidence shows that states with the best tax systems will be the most competitive in attracting new businesses and most effective at generating economic and employment growth.”

Gov. Andrew Cuomo last week announced formation the New York State Tax Relief Commission that will identify way to reduce the state’s property and business taxes to provide relief to New York’s homeowners and businesses.

The Commission will be co-chaired by former Gov. George Pataki and former State Comptroller Carl McCall. The Commission’s recommendations are due by Dec. 6, for inclusion in the governor’s 2014 State of the State message.

The Tax Foundation said states can move quickly to improve their rankings with changes in the tax code. High-tax states should fret over their ranking, especially if their neighbors are lower on the list. Pennsylvania ranks 24th out of the 50 states.

One local state assemblyman, David DiPietro of East Aurora, criticized Cuomo for New York’s last-place standing.

“We’ve been promised a ‘New New York,’ where businesses will thrive in the in-state tax shelters of Start-Up NY,” DiPietro said. “All we have seen so far are gimmicks with flashy PowerPoint presentations. New York ’s citizens and businesses continue to suffer. It’s time to make our state more viable for economic growth. A better business climate means better jobs, and better jobs mean a better economy.”

Audit slams Gaines for lack of ‘checks and balances’

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

Firm claims $100K improperly paid out

GAINES – An audit of the town of Gaines blasts town officials for not establishing formal policies and procedures for expense reimbursements, cash receipts, fuel usage and other functions and operations within the town.

The report from Bonadio and Company was presented during Tuesday’s Town Board meeting. The firm said there are “several deficiencies” in internal controls, as well as a lack of “checks and balances.”

Town Supervisor Carol Culhane sought out the forensic audit after a recent audit cited several deficiencies in internal controls.

“There will be some serious questions that have to be answered,” Culhane said today. “The audit on Tuesday was the first step. There will be more to come.”

The town is seeking advice from the Connors and Vilardo law firm in Buffalo over whether to pursue civil or legal action. Attorney Terrence Connors presented the audit results at Tuesday’s board meeting. (The document is also available on the town web site. Click here to see it.)

In the Bonadio audit, the firm noted what it said were improper mileage reimbursements for Town Clerk Jean Klatt. She claimed reimbursement for a conference to Saratoga from April 22-25, 2012. She was reimbursed $260.10 for the trip. However, she carpooled there with three town clerks and the town of Byron had already been paid Gaines’s share of the trip when Klatt sought the full reimbursement, seven months after the event.

Klatt also was faulted in the audit for claiming 20 miles of mileage for trips to Albion on April 23 and April 25, when she was at the Saratoga conference.

“An employee and/or elected official submitting expense reimbursement requests for expenses not incurred is a punishable offense, and one that should not be taken lightly by the Town,” according to the audit.

Klatt and Highway Superintendent Ron Mannella each received $10,400 buyout options in 2011 and 2012. They weren’t eligible for the buyout because they aren’t members of the town’s union, which includes highway department employees. Union employees only were eligible for the $10,400 health insurance buyout, but the Town Board approved it for both Mannella and Klatt.

The board last year voted against offering the bigger buyouts for the highway superintendent and clerk for 2013, reducing the health insurance buyout for the two to $2,500 each.

Mannella was faulted for signing off on $79,423 to a vendor from 2010 to 2013 for services and materials that have not been received by the town.

“The Highway Superintendent knowingly signed a document stating that materials and services were rendered, when in fact none were provided,” according to the audit.

Bonadio said the highway superintendent would pre-pay for services and materials to use up his budgeted funds to avoid budget cuts in the future. Bonadio said that practice did not allow the Town Board to manage the actual costs for the department and resulted in a tax levy that was “unrealistic.”

Bonadio questions the “ethical nature” and validity between the vendor and highway superintendent for providing invoices that were approved when the services weren’t rendered.

Bonadio said the vendor, Barre Stone Products, should refund the $79,423 immediately and the highway department should stop the practice of spending down its budget because annual expenditures often are not accurately reported.

The town had not completed an audit since 2007. Culhane was elected in November 2011 and took over as town supervisor in January 2012. She was inquiring about a grant for local government consolidation efforts when she realized the town hadn’t been audited since 2007.

She called the town supervisors at other local towns to see how they handled audits.

“They all said it should be done every year,” she said.

Firefighters train for ethanol explosion

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

Photos by Tom Rivers

RIDGEWAY – The flames shot high in the air, and the teams of firefighters drew closer, spraying water and foam on a fuel tanker.

For more than an hour on Thursday evening, firefighters doused a fire. And then it was reignited and they put it out again. And again and again.

About 30 to 40 firefighters, mostly from Barre, Shelby and Ridgeway, trained tonight with a live fire training trailer owned by the state Office of Fire Prevention and Control. The state has been taking the mobile tanker to counties throughout the state, working with fire companies to prepare for an ethanol tank on fire.

There are two ethanol plants in the state – in Medina and Fulton. However trucks and trains are hauling 8,000-gallon tanks all over the state.

“Ethanol is heavily transported in New York State by truck and by rail,” said Dan Baker, a state Haz-Mat instructor.

Orleans County has already had an ethanol explosion. A fuel tanker truck hauling 8,000 gallons of ethanol veered off Route 31A near Mathes Road on June 14, 2011 and crashed into the woods, killing the driving and resulting in several explosions. A team trained in hazardous materials from Kodak helped put out that fire.

Ethanol poses additional challenges for firefighters because ethanol contains alcohol. It requires a foam mix to extinguish and get under control, Baker said.

Firefighters tonight worked in teams of five from three different directions to approach the tanker on fire during tonight’s training exercises. Two teams sprayed water and foam at the fire so another team could approach the tank to turn off the valve letting out the fuel.

“You need to shut off the source,” Baker said.

Firefighters practiced their responses to other scenarios with the tank, including one where the valve was broken. In that case, firefighters sprayed the tank and fuel with the foam mix.

The firefighters moved around different team members during the training, so firefighters from different companies would get experience with their own department members and also in a mutual aid scenario.

Baker said the training tanker is in demand around the state as firefighters want to prepare for an accident with a truck or train hauling ethanol.

“We have a big waiting list,” Baker said about the training.

Merchants urge Albion to hire coordinator for downtown, businesses

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

ALBION – About six weeks into a volunteer job, Sid Beaty is being praised by downtown Albion merchants for her efforts in coordinating events and planning for the future.

Beaty and the Village Board agreed to a two-month contract on Aug. 28. Beaty isn’t being paid for the first two months. She is based out of Village Hall.

Two merchants, Linda Smith of Krantz Furniture and Carolyn Ricker of Bindings Bookstore, asked the Village Board on Wednesday to hire Beaty once the two month “trial run” is over.

“Her help has been invaluable to me,” said Ricker, president of the Albion Merchants Association. “It would be very wonderful to have someone to help with the overall downtown scene.”

Ricker said she and other business owners and community members have been trying to plan events. Beaty has been instrumental in connecting the merchants and helping to get projects moving, Ricker said.

Beaty helped organize an upcoming Albion Shopping Tour on Oct. 19 from 10 a.m. to 5 p.m. The event includes businesses and sites in the downtown and also between routes 31 and 104. Mayor Dean Theodorakos said he supports business development efforts that extend beyond the downtown, and include businesses in the village on Route 31 and South Main Street.

The mayor said he doubts the village will be able to make Beaty a full-time employee, but he said the board may be able to offer her a paid stipend to continue.

She also has helped with the Oct. 25 Beggar’s Night in the downtown, and put together a grant application for a concert series.

“I’m very pleased with the amount of enthusiasm she has for the community,” Smith told the board. “She is very enthusiastic and very approachable.”

Beaty, 23, earned a degree in city and regional planning from Cornell University. Her parents, Anne and Bruce Beaty, have a cottage at Point Breeze. She is the granddaughter of the late Dick Eddy, a long-time community leader in Albion. Beaty is named for Dick’s father, Sid Eddy.

She told the Village Board on Wednesday she would like to stay on after the initial two-month commitment.

“It’s a necessary function,” she said about the job. “It takes some of the burden off the merchants.”

United Way video promotes Orleans community, generosity

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

Video courtesy of United Way of Orleans County

The Orleans County United Way has a new video promoting its fund-raising campaign and also the generous spirit of the community.

The $325,000 campaign was launched last month. The funding goes to 20 local agencies that serve youths, senior citizens, people with developmental disabilities and other residents.

Albion wants memorial at Bullard Park for LaLonde

By Tom Rivers, Editor Posted 10 October 2013 at 12:00 am

ALBION – For years she was one of the biggest cheerleaders for the Albion parks program. Kathy LaLonde also spearheaded efforts to develop a long-term master plan for the Bullard Park.

She volunteered on the village’s Recreation Committee and personally served refreshments to children at some of the local parks.

The Village Board and Parks Director John Grillo want a memorial for LaLonde at Bullard Park. LaLonde was 54 when she died on Sunday after fighting cancer.

“We just lost a great person who was very into the community,” Deputy Mayor Kevin Sheehan said during Wednesday’s board meeting.

The village and the Recreation Committee will consider how to best recognize LaLonde at the park.

Calling hours for LaLonde are today from 2 to 4 and 7 to 9 p.m. at Merrill-Grinnell Funeral Home, 12 Ingersoll St. Her funeral service is Friday at 11 a.m. at the First Presbyterian Church of Albion.

Scribner promoted by Albion PD

By Tom Rivers, Editor Posted 9 October 2013 at 12:00 am

Photo by Tom Rivers

ALBION – William Scribner takes the oath while being sworn in tonight as sergeant in the Albion Police Department. Scribner previously worked with the Medina PD. He started as a patrolman in Albion in 2005.

His wife Dena is holding the Bible while Village Clerk Linda Babcock is pictured at left. Police Department Lt. Tom O’Hearn, back left, and Police Chief Roland Nenni joined Scribner for the swearing-in.

Scribner’s parents Harold and Eloise Scribner of Lyndonville placed Scribner’s sergeant bars on his uniform.

Nenni said past police promotions were typically low-key occasions. But Nenni wanted Scribner to be recognized during a public meeting in front of the Village Board and community members.

“Bill has a long history with us,” Nenni said. “He is very well disciplined. He’ll fit in good with the command staff.”

Callard: State doesn’t allow referendum on nursing home sale

By Tom Rivers, Editor Posted 9 October 2013 at 12:00 am

ALBION – Orleans County residents won’t be voting on whether or not the county should sell its 120-bed nursing home because such a vote would be illegal.

That was the response from David Callard, the County Legislature chairman, after public calls for a referendum on the issue.

County officials have consulted with legal counsel and opinions from the state comptroller and attorney general.

“It simply can not be authorized because it would be illegal to do so,” Callard said at today’s Legislature meeting.

State statutes don’t specify that a public vote for a nursing home sale is permitted by law. Without the specifics in the law, the county can’t put the matter to a vote, Callard said. The county also can’t expend public money for a referendum that is not permitted or required by state law, he said.

Callard’s statement did not sit well with Dee Smith, a member of Concerned Citizens of Orleans County, a grass roots group that opposes the sale.

“I feel I don’t matter to you,” she told Callard and the Legislature. “I don’t trust you. I don’t have faith in you.”

The county formed a local development corporation to work on the sale of The Villages of Orleans. Proposals are due Oct. 16. The LDC board, led by Russ Martino of Lyndonville, may schedule a meeting for Oct. 18 to discuss the offers for the nursing home.

“I am not looking forward to going into a private nursing home,” Smith told the Legislature. “I’m so disappointed in you people.”

Legislator George Bower was the lone legislator who opposed transferring the nursing home to the LDC in February, and pressing the three-member LDC with finding a buyer for the site.

Bower said the lack of a referendum and a say from residents in the process is “poor.”

Two lawsuits have challenged the legality of the LDC’s formation and other procedural issues. Both times the county has been upheld in State Supreme Court.

Here is the prepared statement by Callard in regards to the referendum:

“It is important to clarify a point that seems to be missing from the discussion on the nursing home. The county government as an administrative unit and political subdivision of the State of New York, does not have the power to supersede or override state laws. There is no authority granted to the county legislature by the laws of New York State to hold a referendum on issues that are not specifically authorized for referenda in state law. We do not have the power to grant such a request.

“It has been consistently held in this State that a municipality may not submit a question to referendum, either advisory or binding, in the absence of express statutory authority. The New York State Attorney General and the Office of the State Comptroller have weighed in on this issue numerous times over the years, rendering opinions which consistently state that referenda which are neither permitted nor required by statute are improper and without effect, and that municipal monies may not be expended for such purposes. Simply put, they are illegal.”

Carlton and Kendall will share assessor

By Tom Rivers, Editor Posted 9 October 2013 at 12:00 am

Gene Massey is picked to fill vacancy in Carlton

CARLTON – The Town Board hired a new assessor on Tuesday, and didn’t need to go to far to find a new official who will establish valuations for properties in town.

Gene Massey has worked for the town of Kendall as assessor for nearly six years. He will continue as Kendall’s full-time assessor. He actually started in Carlton on Oct. 1.

Carlton sought a replacement for Karen Adams, who wasn’t reappointed in June. Residents were in an uproar this spring when new assessments came out with big increases for some properties, and no increases or drops for others.

The Town Board ultimately voted to freeze the assessments at the 2012 levels. The board is seeking a firm to help with data collection for the properties in the town. Carlton needs an accurate database that shows the square footage of all buildings, as well as other property improvements, Town Supervisor Gayle Ashbery said.

Proposals are due to the town by Nov. 12 and Ashbery said the Town Board expects to pick a firm at its Dec. 10 meeting. The accurate data plus the experience of Massey should ensure accurate assessments in the future, Ashbery said this afternoon.

Carlton agreed to pay Massey a $30,000 salary, and will also contribute $3,000 to Kendall towards Massey’s health insurance costs.

“He is very familiar with residential, lakefront and agricultural properties,” Ashbery said about Massey.

The two towns are working on a 10-year contract for shared assessing services. Once the two towns are at 100 percent equalization rates, they should be eligible for state funding with a Coordinated Assessment Program. Kendall is at 100 percent, but Carlton isn’t because of the decision to use 2012 levels. The towns typically do new re-evaluations every three years. The soonest they are both at 100 percent may be 2016.

Dan Gaesser, the Kendall town supervisor, said Kendall benefits by having Carlton pay $3,000 towards the assessor’s health insurance. The deal also keeps Massey working for Kendall.

“We’re able to retain the services of an assessor who’s been here since 2008,” Gaesser said.

Kendall officials are reviewing the 10-year agreement between the two towns. Gaesser said he expects the Kendall Town Board will approve it either later this month or in November.

“It’s a real good agreement for the two towns,” he said.

Ashbery praised Dawn Allen, the director of the Real Property Tax Services for Orleans County, for her assistance to Carlton during the transition in recent months.

Geese, swans enjoy fall sunshine

Staff Reports Posted 9 October 2013 at 12:00 am

Photos by Cheryl Wertman

LYNDONVILLE – Several hundred geese joined a flock of swans on Johnson’s Creek on Tuesday afternoon. The geese were active on the water, and took a break sunning themselves on the grass.

They will soon be heading South with winter lurking on the calendar.

ORG borrows $100K for Bent’s repair

Posted 9 October 2013 at 12:00 am

Provided photo – This photo shows the deteriorated main structural beam on the southwest corner of Bent’s Opera House in Medina.

Press release
Orleans Renaissance Group

MEDINA – The Orleans Renaissance Group, owner of the former Bent’s Opera House, announced today that they have received $100,000 emergency loan from the Preservation League of New York State. The funds will be used immediately to address the main structural support timber on the building’s southeast corner.

Chris Busch, vice president of ORG, said the organization is “extremely grateful” for the support of the Preservation League.

“They recognize the regional importance and viability of this project, and we owe them a tremendous debt of gratitude for their advocacy,” he said.

The removal of the faux stone and facia last year revealed a critical concern: the condition of the main support timber on what was the former Armstrong’s Drug Store has rotted to the point where the structural integrity of the building could be compromised.

“This huge wooden timber is nearly 150 years old,” Busch said.“Prior to removing the faux stone, we were only guessing as to what caused the dramatic settling around the southeast corner of the building. Once the stone was removed, we saw that we needed to act quickly in professionally assessing the deterioration.”

The deterioration has been an issue for decades.

Photo by Tom Rivers – The Bent’s Opera House opened in the Civil War. The building was built with Medina sandstone.

“It’s a miracle the masonry wall on that corner had not suffered a much greater and more calamitous compromise,” Busch said.

ORG engaged engineer Don Jensen of Jensen Engineering in Rochester who determined that the vast majority of the old beam was fine and in remarkable condition. The entire southeast section, however, requires immediate replacement with steel using a specialized process called “needling.”

“The most pressing concern right now is addressing the beam,” Busch said. “No further work on the façade can take place until that has been corrected.”

ORG has engaged Peter Matthews of Matthews House Movers in Rochester to replace the beam. Matthews will be in Medina today to begin installing rigging or “cribbing” to stabilize the building prior to repairs.

“We hope to have this phase of façade work completed soon and to possibly effect some additional façade restoration as well,” Busch said. “ORG wants folks to know that important progress is being made everyday in bringing Bent’s back to life.”

The Finger Lakes Regional Economic Development Council last month included the Bent’s restoration as a recommended project for state funding. ORG is seeking state assistance for a major roof repair for the building. An announcement from the state is expected in December.

Splendor in the sky

Staff Reports Posted 9 October 2013 at 12:00 am

Photo by Michael Karcz

ALBION – Mother Nature was in her glory tonight when the sun set behind Albion Central School on Clarendon Road. Looks like a string of nice days continues with highs hovering around 70 degrees from Thursday until Sunday.

Seneca tugboat passes through Albion on educational journey

By Tom Rivers, Editor Posted 9 October 2013 at 12:00 am

Photos by Tom Rivers – A tugboat named Seneca approaches the Main Street lift bridge in Albion this morning. The tugboat then passed underneath and headed east.

ALBION – Tugboat fans in Orleans County are getting a chance to see an unfamiliar vessel today. The Tugboat Seneca is passing through our waters, heading east.

The tugboat, built in 1932, is filling in for the Tugboat Urger, with has been dry-docked for repairs. The Urger is the Canal Corporation’s floating classroom, making stops along the system for public tours and visits from fourth-graders learning about state history.

With the Urger out of commission, the Seneca was called into duty as the canal’s educational ambassador. The tug is typically based out of the Syracuse area.

The Seneca just completed its educational mission in Tonawanda and is headed to Fairport.

The Canal Corp. has biography sketches of the tugboats on its web site (Visit www.tug44.org/canal.corp.boats/tug-seneca/ to see more photos and information about the Seneca.) The tugboat was built 81 years ago by Electric Boat Corp for the Navy. She was designated YTL-479 (Yard Tug, Light) and worked at the Brooklyn Navy Yard. She was bought by state DOT in 1960 and is now owned by Canal Corp.

The canal is scheduled to stay open until Nov. 15, when the 363-mile-long canal will then be drained and the lift bridges closed.