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Car drives into flooded swamp

By Tom Rivers, Editor Posted 26 December 2013 at 12:00 am

Provided Photo

SHELBY – A Holley woman drove into the flooded Alabama swamp on Christmas eve, when Route 63 was slippery at about 4 a.m.

Kelly Ross, 41, was the lone occupant in the vehicle. She wasn’t injured, the Orleans County Sheriff’s Department reported.

She lost control of the car while headed south on 63. She was driving too fast for the conditions, Undersheriff Steve Smith said today. The vehicle was towed out of the swamp by Lyons Collision of Medina.

Albion plans Christmas tree bonfire as part of fire and ice fest

By Tom Rivers, Editor Posted 26 December 2013 at 12:00 am

ALBION – Residents are invited to bring their Christmas trees to a bonfire Jan. 17 at Bullard Park as part of a fire and ice festival.

The festival will include a fire performer, pulled pork sandwiches from the Crooked Door, hot cocoa and hopefully night sledding if there is enough snow on the big hill.

Village officials, incuding Program Coordinator Sid Beatty, are working on more details for the event. They encouraged people to hang on to their trees until the bonfire rather than leaving them at the curb for the garbage trucks to grab.

Shelby, Ridgeway officials provide scenarios to Medina dissolution

Posted 26 December 2013 at 12:00 am

Prepared by the Town Boards of Ridgeway and Shelby

(Editor’s Note: Brian Napoli is Ridgeway town supervisor and Skip Draper is Shelby town supervisor.)

MEDINA – In an effort to dispel rumors, misunderstandings, and misconceptions concerning the possible dissolution of the Village of Medina, the following article is offered by the Town Boards of Ridgeway and Shelby to provide effected residents with factual information.

There are many issues that must be taken into account should the village dissolve. Many of them will be guided by state law. Should anyone have questions and wish to verify any of this information, they may contact the New York Department of State, New York State Attorney General’s Office, and the Office of the New York State Comptroller. They are the main sources of information and answers for questions.

The decision of whether or not to dissolve is a matter for village residents. Should this issue be brought to a referendum, only the village residents are allowed to vote. Ridgeway and Shelby residents living outside the village are not eligible. Should the village residents decide not to dissolve, this issue may not be brought up again for at least four years.

Should the voters decide to dissolve the Village of Medina, the boards of the towns of Ridgeway and Shelby have 18 months to decide what additional resources are needed to provide town services.

Also, decisions would be made regarding separation of village assets, as well as absorbing them into the respective towns. The Village Board must submit a dissolution plan to the towns. However, the towns are under no obligation to follow it.

Below is an explanation of how different departments and services will be affected should the village decide to dissolve.

Police Department – If the village dissolves, there would no longer be a Police Department. Also, any contracts dealing with the department would be dissolved along with any collective bargaining unit. The reason for this is that, according to the Attorney General’s Office, there are no longer two parties to the contract.

If the residents wish to keep the Police Department, a solution for this would be to establish a Special Police District in what was the former village. This would be paid for by the residents of the former village as a separate tax levy.  Another solution would be to ask the Sheriff’s Department to expand and establish a sub-station in the former village.

Fire Department – Because the Fire Department serves only the village, it will not be taken over by the towns. Also, any contracts for services, such as union contracts, are voided and the union bargaining unit is dissolved. The reason for this is because if the village dissolves there are no longer two parties to the contract.

Should village residents wish to keep the Fire Department, a Special Fire District must be established, much like in the towns. Also, to pay for and support this service, only residents of the former village will be charged for it as a separate tax levy.

Ambulance Service – The towns would have to determine how to provide this service. This service could remain a part of the current fire department or a separate ambulance corporation could be established.

Water/Sewer Service – This is a difficult area and one in which even the State does not know how to answer. The reason is that when the dissolution law was passed, it never foresaw a situation where a village straddles two towns. As an example, how do you divide water and sewer infrastructure? How do you divide assets (trucks, equipment)?

Again, in order to do this, a Special District would have to be established and only residents of the former village will be charged maintenance and support. Any contracts, such as union contracts, will be dissolved as there are no longer two parties to the contract.

Another possible solution for this would be to establish a Water/Sewer Authority for the former village. However, according to the Attorney General and Comptroller’s offices, special legislation would be necessary from the State. Historically, this option would take a long time and have very little chance of succeeding.

Public Works & Village Administration – These departments would dissolve with the village. The town boards would have to determine how to provide any services necessary to residents.

Debt – This is a question that was raised when dissolution was first discussed and continues to be asked. What happens to any village debt should the village dissolve?

According to the New York State Attorney General’s Office, all debt created by the village, stays with the village. What this means is any and all debt created by the village will stay in the former village and will be paid by the former village residents. It will not be dispersed throughout the towns. This will be calculated and billed to former village residents as a separate tax levy.

New York State’s Role in this Process – New York created the process by which municipalities can dissolve, however, the final decision is up to the municipalities’ residents.

A Question Continuously Asked – Where do we go from here? The answer: stay informed, ask questions, attend meetings AND, if this comes to a referendum and you are eligible to vote – PLEASE VOTE!!!

Lastly, we value your questions and welcome your comments. You may contact your Town/Village representatives as follows:

Town of Ridgeway – meets the 3rd Monday at 7p.m. at the Ridgeway Town Hall, 410 West Ave, Medina (Phone 585-798-0730)

Town of Shelby – meets the 2nd Tuesday at 7:30 p.m. at the Shelby Town Hall, 4062 Salt Rd, Medina (Phone 585-798-3120)

Village of Medina – meets the 2nd & 4th Mondays at 7 p.m. at the Shelby Town Hall, 4062 Salt Works Rd. Medina (Phone 585-798-0710)

Sales tax formula hurts Orleans County’s 4 villages

By Tom Rivers, Editor Posted 26 December 2013 at 12:00 am

County uses formula to direct sales tax away from municipalities that need it most

Photos by Tom Rivers

Downtown Medina may be a center for commerce, collecting lots of sales tax, but little of that comes back to Medina or any of the villages that are population and business centers.

Orleans County’s four villages, which are desperately in need of revenue, won’t be getting any help from the county with added sales tax. In fact, the county’s sales tax formula will take money away from the villages next year.

That means the villages will likely have to hike property taxes or find more ways to cut costs or reduce services.

The county has budgeted to take in nearly $15 million in sales tax next year. It shares $1,366,671 with the 10 towns and four villages. The county keeps nearly $14 million for itself or about 92 percent of the total haul.

The county has frozen the village and town share since 2001. Since that time the sales tax has soared due to the rising gas prices and other cost of living increases, as well as an invasion of chain stores, including a Walmart Supercenter in Albion.

The county won’t give more to the towns and villages, saying the county needs the money for mandated programs from the state, such as Medicaid. The county will often gripe about the state not increasing reimbursements, but the county hasn’t increased the share to the villages and towns for 13 years now.

When the villages and town make some noise about the unfairness of the frozen rate, the county typically responds by threatening to keep all of the sales tax, cutting the villages and towns entirely. Rather than have an open dialogue about the issue, the county is a bully when it comes to sales tax.

Other counties share far more with their local municipalities. Genesee, for example, does a 50-50 split. That’s the main reason why their town and village tax rates are so much lower, and so much more attractive to businesses and families. Many of the towns don’t collect any property taxes because of all the sales tax they receive based on the generous formula.

Genesee and Orleans have almost the same county tax rates. Genesee will tax its residents $10.04 per $1,000 of assessed property while it’s a $10.11-rate in Orleans in 2014. The Orleans County tax rate isn’t out of line compared to most counties.

It’s our village tax rates, which range from about $14 in Holley to nearly $17 in Albion and Medina, that are far out of whack to most other villages in the state. Lyndonville’s rate at $10.43 is less because it doesn’t have a police department. (The village does contract for police protection.)

The County Legislature meets in the County Clerks Building, another tax exempt property in the village of Albion. The county unfairly uses taxable value to determine sales tax shares to villages and towns.

It would be easy to blame the local village officials for the high tax rates, but it’s really the fault of the county for sharing so little of the sales tax.

And it keeps getting worse for the villages. The county bases the villages’ revenue share based on taxable value. The villages with their shrinking assessments continue to see their amount go down while the towns get more.

In 2013, the four villages collectively received $404,666 in sales tax, which is a paltry amount for all of the services the villages provide with street, police, cemetery, water and sewer duties. The village amount is less than 3 percent of the entire sales tax that comes into the county. But the villages are doing far more than 3 percent of the work by local governments.

The new distribution for 2014, approved Monday by Legislature, cuts the villages down to $400,681. Albion assumes most of that loss with its share down from $180,457 to $176,423.

This formula makes no sense. The revenue share should be based solely on population because people spend money, generating sales tax. To tie it to assessed value isn’t fair, especially for the village of Albion which has so much exempt property with churches and county government buildings.

If the county is adamant it will use property values for the formula, the exempt properties should be assigned values that factor into the formula. The County Courthouse, for example, doesn’t give the village of Albion a boost in the formula. But if it’s value, let’s say $40 million, was factored in the equation, the village would do far better with the formula.

Add up all the churches and municipal buildings, and suddenly the villages are worth a lot more and should get more.

There is a bias against the villages by the County Legislature. The Legislature has historically been made up of legislators who previously served on Town Boards. Few village mayors or trustees have served on the Legislature.

The legislators bring an anti-village mentality that they pick up at the town level. For the first time in several years, there will be legislator who actually lives in a village on the Legislature.

Fred Miller, an Albion resident and former village trustee, said he wants to be a voice for the villages. He will be outnumbered 6 to 1 by other legislators with a “town” mentality. I’m not optimistic fairness will prevail.

If the county wanted to throw the villages and towns a tiny life-line, the Legislature wouldn’t cap their share. The county should establish a 90-10 revenue sharing split to start with, rather than the current 92 to 8 percent. That 2 percent difference would sprinkle another $300,000 to the towns and villages, with some of that going to the depleted village coffers.

If the county made that move it would raise the county tax rates by 18 cents. If the villages and towns used some of that small increase for public improvements, it could draw more dollars into the county, leading to more sales tax with the county getting 9 out of every 10 dollars. Ultimately, the county wouldn’t be losing sales tax money by giving the towns and villages a little more.

If the sales tax wasn’t capped, itwould provide incentive for the villages and towns to invest in themselves with downtown, parks and other community development improvement projects.

Right now, the villages and towns pay all the costs for these projects. If a canal project, for example, brings in tourists and spending in the community, that added sales tax all goes in the county coffers.

I propose the county “freeze” its share the next 13 years and give any of the increase to the towns and villages, with the share among them to be divvied based on population. After 13 years, the county could start to receive more, but only if the towns and villages are up to 25 percent of the total haul.

The villages are at a crisis point. Medina is seriously looking at dissolving and having the towns of Shelby and Ridgeway step in and assume the village functions.

If the villages don’t get more revenue, I think you’ll see some eliminate police and other services. The county, in that scenario, would be expected to add deputies to fill the gap.

All of this could be avoided if the county would amend its sales tax formula, and be a partner with the villages as they fight for survival.

Charles Howard dons the red suit for his final Christmas season

By Tom Rivers, Editor Posted 26 December 2013 at 12:00 am

ALBION – For nearly 30 years Charles W. Howard ran a Santa Claus school in Albion, teaching the art of playing Santa and establishing standards for dress and conduct.

Howard was also a popular Santa, playing the role in the annual Macy’s Thanksgiving Day parade from 1948 to 1965. Howard played the part at many local functions as well, including his Christmas Park that was part of the school. Every year he had his friend Bill Coville of Waterport take a picture of him in the red suit.

The photo above is believed to be among the last known photos of Howard dressed as Santa Claus. It was taken during the holiday season in 1965. Howard died in May 1966 at age 69.

The photo was obtained by Frank Zicari of Albion, a Charles Howard enthusiast.

“Growing up, everybody knew that Santa Claus lived in Albion just outside of town,” Zicari said.

Howard’s school was near the corner of Phipps Road and Route 31. It was a big attraction in Albion, drawing lots of out-of-towners. The school has since moved to Midland, Mich. It still bears Howard’s name.

Zicari has collected many artifacts from the school’s days in Albion. Many of them are displayed in the Erie Canal Schoolhouse Bed and Breakfast in Albion, the former St. Mary’s Catholic School on Brown Street.

Zicari also shared this photo of Howard in a signature pose as Santa.

Hay bales are coated in snow

By Tom Rivers, Editor Posted 26 December 2013 at 12:00 am

Photo by Tom Rivers

GAINES – A field of hay bales are coated with snow on Route 279, just a little north of Route 104 late this afternoon.

Orleans Hub readers may recall a photo from about three months ago of the same field of hay bales.

100613_hayinfog

I took this picture on Oct. 6, and it’s featured in the 2014 Orleans Hub calendar that’s available at the Lake Country Pennysaver, 170 North Main St. in Albion, as well as two other locations: Bindings Bookstore at 28 West Bank St., Albion and Della’s Chocolates at 512 North Main St., Medina.

Singer keeps Christmas tradition at Holy Family Parish

By Tom Rivers, Editor Posted 25 December 2013 at 12:00 am

Photos by Tom Rivers

ALBION – Joe Sacco has done it every Christmas morning for at least 20 years: He sings Christmas carols from the choir loft at St. Joseph’s Catholic Church, now the Holy Family Parish.

He is shown singing “Birthday of the King.” He also sang “Ave Maria,” “Hark the Herald Angel Sings,” and “Oh Come Let Us Aodre Him.”

Sacco also was the featured soloist during a Christmas Mass at the church, singing several Christmas songs, including “O Holy Night.” He was joined by Harriette Greaser, who played the organ for the carols and at Mass.

St. Joseph’s is a stunning church made of local Medina sandstone. The church has numerous stained-glass windows and a big pipe organ.

Some stores open on Christmas

By Tom Rivers, Editor Posted 25 December 2013 at 12:00 am

Photo by Tom Rivers – McDonalds is open today in Albion from 7 a.m. to 2 p.m. A few other businesses are open as well.

A rare sight at the Walmart Supercenter today: no cars in the parking lot. The store in Albion is usually open 24-7, but took today off.

ALBION – I thought just about all businesses shut down on Christmas. But there are a few stores open in Albion today: the gas stations, Rite Aid and McDonalds.

McDonalds has been advertising on its sign for about a month that it would be open from 7 a.m. to 2 p.m. today.

Rite Aid didn’t make a big splash about its Christmas hours, but the store is open from 9 to 5 today.

If you’re a last-second shopping procrastinator or if you want a quick bite to eat on the road, I guess you have some options.

Scenes from a frigid Christmas day

Staff Reports Posted 25 December 2013 at 12:00 am

Photos by Cheryl Wertman – Santa’s house in Medina’s Rotary Park is now vacant as Santa has gone home to the North Pole after delivering all the gifts.

These antique farm tractors sit in the snow along Route 18 in Barker.

The 483′ Canadian freighter Sarah Desgagnes steams eastbound in Lake Ontario and is one of several that are on the lake on Christmas.

Slush ice is clearly visible along the shoreline of Lake Ontario looking east towards Shadigee from Golden Hill State Park.

Wishing everyone a very Merry Christmas

By Mike Wertman, Sports Writer Posted 25 December 2013 at 12:00 am

Photo by Cheryl Wertman

The gyms around the area are fittingly quiet on this very special day. We therefore are pleased to be able to take this opportunity to wish everyone who enjoys getting their daily news and sports information on the Orleans Hub a very Merry Christmas and Happy New Year. We also wish to thank all of those who have voiced their support and encouragement for the Hub’s coverage and look forward to continuing that coverage in 2014. Over the next few days we will be reviewing what has been a very rewarding year for many of our area athletes and teams with a series of articles community by community beginning on Thursday. Again Happy Holidays and thank-you, Mike and Cheryl Wertman.