File photo by Tom Rivers – Firefighters are pictured in this photo from April 13, 2015 at a fire on Eagle Harbor Road in Gaines.

ALBION – The Town of Gaines agrees it needs to pay more for fire protection, but town officials don’t believe it should be three times what town residents are currently paying the Village of Albion in a fire protection contract.

“We have acknowledged the rate is low,” said Andrew Meier, the town attorney.

The Village Board on April 13 voted to terminate the contract with Gaines, effective 11:59 p.m. on Aug. 31. Village officials said the town has rejected Albion’s offer for the fire contract.

Albion was seeking $100,000 from Gaines for fire protection. That is the same as the Town of Albion pays the village for fire protection outside the village.

That contract resulted in a fire protection tax rate of $1 per $1,000 of assessed property for the Town of Albion. In Gaines, where the town pays the village $33,860, the rate is 32 cents per $1,000 of assessed property, by far the lowest in the county. The Town of Yates is next lowest at 49 cents with Carlton at 75 cents. Every other town pays at least $1 for fire protection.

Meier and the Gaines Town Board have asked for the fire department’s budget, and then want to discuss how to fairly share those costs among the two towns and the village.

The village has wanted to share the costs with a formula based on assessed value. Gaines has suggested a hybrid approach that would include the call volume per municipality.

The gross assessed value for the Town of Albion (outside village) is $109.7 million, nearly the same as the gross assessed value in Gaines ($112.2 million.) The village’s gross assessed value is $189.6 million or about 46 percent of $411.5 million total.

The village in 2013 accounted for 66 percent or 193 of the 269 emergency calls, while the Town of Albion represented 52 calls or 17.9 percent with Gaines accounting for 46 calls or 15.8 percent.

In 2014, the village represented 167 of the 291 emergency calls for 67.1 percent, with the Town of Albion at 64 calls (23.8 percent) and Gaines at 38 calls or 14.1 percent, according to data provided by Meier.

Given the shares of gross assessed value and call volume, Meier said Gaines should pay a small percentage of the fire department budget. He agrees Gaines should pay more than the current rate, but he wants to dissect the fire department’s budget and determine a fair system for sharing the costs among the village and towns.

Meier said the village’s breakdown of fire department expenses show a total cost of $243,839 for June 1, 2016 to May 31, 2017. It wouldn’t be fair if Gaines and the Town of Albion each paid $100,000, with the village only paying $43,839, Meier said.

John Gavenda, the village’s attorney, said in correspondence to Meier that the budget is actually closer to $300,000 to $350,000. Meier has sought clarification on the total expenses.

The village’s $243,839 budget for the fire department breaks out the following expenses: $80,000 for approximate bond payment for new fire truck: $16,216 for approximate bond payment for AFD roof: $65,512 for budget; $1,500 for AFD building repairs; $7,043 for chief’s vehicle payment; $7,899 for AFD pickup; $6,512 for Engine 31 repairs; $6,367 for worker’s compensation; $20,458 for vehicle insurance; $4,063 for life insurance; $1,459 for fire accident coverage; $5,000 for electric; $1,500 for heat; $599 for Internet and $19,707 for insurance.

Gaines officials have contended that Gaines should simply pay the same contract as the Town of Albion, even if they have similar tax bases with both at about $110 million.

Meier, in a letter to Gavenda on Feb. 1, 2016, said Gaines is almost entirely residential, although it does have several businesses and a museum on Ridge Road, and two large agricultural processing/production facilities.

The Town of Albion in contrast has higher-risk businesses, offices and institutional properties, such as two correctional facilities, Wal-Mart, the nursing home, car dealerships and county offices.

“We extended requests to keep talking about this,” Meier said in an interview. “We haven’t agreed upon a methodology for a number. So far we’ve only been presented with a demand to triple our contribution.”

File photo by Tom Rivers – Albion firefighters respond to this fire in Gaines on Oct. 25 at a house owned by Watt Farms at 3161 Oak Orchard Rd.

ALBION – The Village Board has notified Gaines Town Supervisor Carol Culhane that the village will terminate a fire protection contract with Gaines on Aug. 31, at 11:59 p.m.

The contract between the town and village expired on Dec. 31, 2015. Village officials have pushed for Gaines to pay $1 per $1,000 of assessed property for fire protection. That is what the Town of Albion pays the village.

Gaines pays only 32 cents per $1,000, by far the lowest rate in Orleans County. Village officials said Wednesday that Gaines officials have resisted paying more and haven’t responded to village requests for the two municipal boards to meet and discuss the issue.

“The Village Board regrets having to terminate a longstanding association with the Town of Gaines regarding fire protection services,” according to an April 22 letter from village attorney John Gavenda to Culhane. “Since the Town of Gaines has rejected the proposal made by the Village of Albion for said services, it has no alternative but to sever the association.”

Gaines officials had suggested the town pay based on percentage of calls in Albion fire protection district, which includes the Town of Albion, village and Gaines. Village officials want it based on assessment with the two towns each paying $1 per $1,000 of assessed property.

Village officials are hopeful a deal can be reached with Gaines before the contract expires after Aug. 31. Albion wants to keep Gaines partly because 20 to 25 volunteer firefighters live in that town. If Gaines isn’t in Albion’s service area, those members should join whatever fire department serves the town. But that would leave the Albion Fire Department with fewer members.

Gavenda, in his letter to Gaines on April 22, urged the town to “take all necessary measures to secure fire protection from an alternative source to avoid any lapse of service.”

The village agreed in 1995 to a 20-year deeply discounted fire protection rate in exchange for Gaines making the sewer plant on Densmore Street tax exempt.

Here are the fire protection rates for towns for 2016:

Albion, $1.00; Barre, $1.45; Carlton, 75 cents; Clarendon, $1.02; Gaines, 32 cents; Kendall – $1.40 to Kendall and $1.61 to Morton; Murray – $1.58 to Holley and $1.59 to Fancher-Hulberton-Murray; Ridgeway, $1.29; Shelby, $1.74; and Yates, 49 cents to Lyndonville.

File photo by Tom Rivers – Chris and Karen Watt had this 154-foot-high wind turbine at Watt Farms on Route 98 erected about four years ago. The construction and location resulted in lawsuits from a neighbor and the Town of Gaines.

GAINES – Chris and Karen Watt, owner of a fruit farm and farm market on Route 98, have filed a notice of claim against the Town of Gaines, saying they intend to sue the town and four town officials for “slanderous and libelous” comments in regards to the wind turbine near the farm market.

In an Orleans Hub article in January, Town Supervisor Carol Culhane voiced her disappointment that James Punch, acting Supreme Court justice, allowed the turbine to stay put following an order from the state Department of Agriculture of Markets.

Culhane and three Town Board members – Richard DeCarlo Sr., James Kirby and Susan Smith – on Jan. 5 passed a formal resolution that was critical of Ag and Markets for “immoral conduct” with the turbine issue at Watt Farms. The Town Board asked the Attorney General to conduct an ethics review of Ag and Markets staff with the Watt turbine issue and similar matters.

The resolution also stated that the Watts “attempted to evade the requirements of the Town Law by obtaining a permit for a wind tower which required site plan approval.”

The Gaines resolution, approved by four Town Board members, also stated the Watts received “illegal assistance” from the former Planning Board chairman in obtaining an improperly issued permit so the turbine could be sited “in a location which directly threatened public health and safety.”

Frank Aloi, the attorney for the Watts, said Chris and Karen Watt did nothing wrong with the turbine permitting process. He said they went to great lengths to follow the local and state laws.

The resolution on Jan. 5 from the town clearly infers an “illicit conspiracy” between the Watts and the former Planning Board chairman with the building permit, according to the legal papers filed by the Watts. However, previous litigation showed the Watts and prior town officials did nothing illegal, Aloi said in the notice of intent.

Culhane, the town supervisor, when contacted by Orleans Hub declined to discuss the issue because of the possible litigation.

When she first took office in January 2012, she moved to abolish the Town Planning Board and have those functions handled by the Zonings Board of Appeals. The ZBA then had the Watts reapply for a permit, which had been approved in 2011.

The second time around the town told the Watts the turbine needed to be moved away from the farm market and a U-Pick orchard. The Watts and Ag & Markets said that could cost $20,000 and was unreasonable. The town wanted the turbine 169.4 feet away from areas where people gathered. (That represents 1.1 multiplied by the turbine height.)

Ag and Markets suggested the setback from “human-occupied buildings” be five times the rotor distance or five times 23.6 feet, which would be 118 feet for the Watt turbine. Ag and Markets based that suggestion from the recommendation by New York State Energy Research and Development Authority or NYSERDA.

Ag and Markets also said any U-Pick area within the 118 feet could be off limits to the public.

Judge James Punch, acting Supreme Court justice, made final ruling on the matter in December, saying the turbine should stay put. He based that decision partly on the determination and order from Richard Ball, commissioner of the NYS Department of Agriculture and Markets.

Ball on Jan. 14, 2015 said sent official notice to the Town of Gaines, saying it was wrong to insist that the turbine be moved away from a farm market and U-Pick orchard at Watt Farms. Ball sent the letter to town officials, telling them they needed to comply with the Agriculture and Markets Law.

Culhane and the board majority have alleged “immoral conduct” by Ag & Markets and said the state agency has “falsely represented the facts of the case.”

Those comments are noted in the notice of intent from the Watts. Aloi, in the March 4 filing, said the Town Board didn’t appeal Punch’s decision in December, but instead used a “bully pulpit” at the Town Board meeting and in the local media to “intentionally and maliciously libel” Chris and Karen Watt.

Aloi said the potential damages against the Watts from the alleged defamation are unknown right now. The farm market hasn’t opened yet this year to see if the Watts will lose customers from the attacks on their character. The Watts also sell fruit at many farmers’ markets in the region, in addition to selling fruit wholesale to larger customers.

Filing the notice of intent gives the Watts the option to file a lawsuit within a year. Aloi, in the court papers, said the Watts have already spent $35,000 in litigation costs, and most of that could have been avoided if the Town Board hadn’t dissolved the Planning Board and launched a “personal vendetta” against the Watt family.

The notice of intent names the four Town Board members who voted in favor of the resolution on Jan. 5. It doesn’t name Mary Neilans, a new Town Board member who was sworn into her position as town councilwoman on Jan. 5. She abstained from the vote on the resolution about the turbine. Neilans lives next to the Watts, and she filed the first lawsuit in the matter after the turbine went up in August 2011.

GAINES – The turbine at Watt Farms was taken down today for repairs. The turbine needs a new alternator and will also get new blades. The replacement parts are on order and an installation hasn’t been scheduled.

The turbine was the focus of a lawsuit from the Town of Gaines, which claimed the 154-foot-high turbine needed to be moved farther away from a farm market and storage building.

Judge James Punch, acting as a State Supreme Court justice, ruled in December the turbine didn’t need to be moved. The State Department of Agriculture and Markets also sided with Watt Farms, saying the turbine location met the proper setbacks.

The 10-kilowatt turbine is expected to be repaired and placed back on a tower soon.

A big crane was brought in to bring down the turbine so repairs could be made. The turbine is located behind Watt Farm Country Market on Route 98, next to a fruit orchard.

GAINES – The Town of Gaines in January approved a comprehensive plan for land use and now the town is pushing to implement some of the changes, including creating a land use map

The Town Board on Tuesday voted to spend $11,400 for General Codes to revise the town zoning map to reflect changes from the comprehensive plan. The current map is confusing with contradictions, Town Supervisor Carol Culhane said.

“It would bring us a lot of clarity and confirmation,” she said.

Mike Grabowski, the ZBA chairman and town’s representative on the Orleans County Planning Board, also was given permission by the Town Board on Tuesday to work on digitizing the map with James Bensley, the director of the county’s Planning Department.

One big change includes an expanded commercial zone on Route 104 from west of Brown Street Road to east of Route 279.

The comprehensive plan also encourages the town to create an overlay district to better preserve and promote historic sites in the town, including the Erie Canal and the Cobblestone Historic District.

The town also wants to encourage single-family development to preserve the rural character of the community. The town is also open to extending public sewer lines in the future, with the priority given to higher-density areas for residential and business development, and also for residents with pollution problems from their sewage disposal systems.

The comprehensive plan also adds multiple definitions of farming including enclosed farm operations (greenhouses), agricultural industrial operations (large-scale cattle, hog, dairy and poultry farms). Traditional Open Land Farming Operations include crop farming (vegetables, fruit, grain) and hay farming.

Culhane said now that the comprehensive plan has been adopted, there is more work needed to implement the plan.

GAINES – A fire at Par-Me Golf Course this afternoon destroyed a barn and trailer at the site on Brown Road owned by Parm Wilder.

The fire broke out just before 3 p.m. and spewed dark smoke into the sky.

Albion, Carlton, Holley and Kendall firefighters worked together to put out the fire. The Orleans County Emergency Management Office and fire investigators also assisted.

Parm Wilder said he was thankful for the strong response from the fire department. He lost several lawn mowers in the fire but the garage to the right was spared from the blaze. Wilder has two precious vehicles in that barn, including a 1949 Chevy truck and a Lamborghini.

“They were here right away and they got it out,” Wilder said.

Wilder created a 9-hole golf course at the property, 2998 Brown Rd.

Albion firefighter Darryl Szklany checks the back of the structures while firefighters apply water to the blaze.

Szklany had a radio and updated firefighters on the other side about the intensity of the fire at the back of the barn.

Firefighters work through the smoke to get the fire out.

The Orleans County Highway Department also was deployed and helped demolish the building so the fire could be put out due to all of the sheet metal.

Town Hall will be open on Saturdays beginning in May, closed on Wednesdays except for court

Photo by Tom Rivers – Richard DeCarlo, a former Gaines town supervisor, returned to the Town Board this year after being elected town councilman. He took the oath of office on Tuesday as town councilman.

(CORRECTION: The current hours for the Town Hall are Mondays through Thursdays from 8 a.m. to 3 p.m. and Fridays from 8 a.m. to noon. An earlier version of this story said the current hours were 9 a.m. to 4 p.m. from Monday through Friday. The new hours beginning May 1 will be 9 a.m. to 4 p.m. on Monday, Tuesday, Thursday and Friday. The building will be closed on Wednesday except for town court, beinning in May. There will also be Saturday hours from 9 a.m. to noon.)

GAINES – The Town of Gaines has been approved for a $16,100 state grant for its court system. The funding through the Justice Court Assistance Program will be used for equipment and other resources for the town court, Town Supervisor Carol Culhane said.

The town sought the maximum $30,000 grant, and received more than half that. It didn’t receive funds for security improvements, Culhane said.

The Town Board is taking steps to improve the safety of the building and court employees. The town hired the Wendel firm to prepare cost estimates for renovations to the courtroom and Town Hall.

Court meets on Wednesdays at 3 p.m. and Culhane and board members said court is an “uncomfortable situation” for other town employees in the building.

“The chaos on Wednesday is something to behold,” she said. “We’ve had an outcry from the public.”

Board members debated this week whether the Town Hall should be closed on Wednesdays, except for court. That would ease some of the parking issues for employees and residents using the building for non-court issues.

The town will have town clerk hours on Saturday mornings. Board members wanted to make the change right away this month, but decided to wait until May 1 because tax bills that were just sent listed town clerk hours for the five weekdays.

The board decided to wait until May 1, after tax season, to implement new hours for the town clerk, including 9 a.m. to noon on Saturdays. The town clerk will have hours from 9 a.m. to 4 p.m. on weekdays beginning in May with no hours on Wednesdays.

Culhane said Gaines will join three other towns in the county with Saturday hours: Carlton, Clarendon and Murray.

The Town Board made a series of appointments for 2016, including:

Andrew Meier as town attorney to be paid $7,800 for the year;
Culhane as budget officer for $2,000;
Lynne Johnson as bookkepper (no salary listed);
Town Clerk Jean Klatt as official registrar for $932, and water collection clerk for $6,309;
Highway Superintendent Ron Mannella will also serve as water superintendent for $18,294 for the year;
Marilynn Miller was appointed to a five-year term to the Zoning Board, where members are paid $25 per meeting;
Michael Grabowski was appointed to a three-year term as town representative to the Orleans County Planning Board and will receive $25 a meeting;
First Niagara as official depository;
The Daily News of Batavia as official newspaper for carrying public notices.

Photo by Tom Rivers – Gaines Town Supervisor Carol Culhane said the State Department of Agriculture and Markets needs to accept liability, not the town, if someone is hurt from the wind turbine at Watt Farms on Route 98. The town has pushed to have the turbine moved away from a U-Pick area and farm market.

GAINES – The Gaines Town Board says the state Department of Agriculture and Markets ignored public safety in insisting that a 154-foot-high turbine at Watt Farms be allowed to stay near buildings and a U-pick area for the public.

The Town Board on Tuesday approved a formal resolution that was critical of Ag and Markets for “immoral conduct” with the turbine issue at Watt Farms. The Town Board asked the Attorney General to conduct an ethics review of Ag and Markets staff with the Watt turbine issue and similar matters.

The Town Board in its resolution says that Ag and Markets has undermined public safety, and issued letters and a determination “that falsely represented the facts in the case.” The resolution also states town officials sought to meet with Ag and Markets staff several times to discuss the issue and Ag and Markets refused “in order to hide their immoral conduct.”

A State Supreme Court judge ruled last month the turbine doesn’t have to be moved, reversing the judge’s decision from about a year before. Ag and Markets hadn’t issued a final order before Judge James Punch’s first decision in December 2014.

Ag and Markets said forcing the Watts to move the turbine, at a cost of $20,000, would unreasonable and unnecessary, according to an order on Jan. 14, 2015 from Richard A. Ball, commissioner of Ag and Markets. He sent the letter to town officials, telling them they needed to comply with the Agriculture and Markets Law.

The issue has been in the courts for more than two years with the first lawsuit filed by Mary Neilans, Watt’s neighbor. She is now on the Gaines Town Board and abstained from the vote on Tuesday.

Town officials have insisted the proper procedures for issuing a permit for the turbine were not followed and a proper setback distance away from public areas were not established by the former Planning Board. The Town Board dissolved the Planning Board about two years ago and shifted those responsibilities to the Zoning Board of Appeals.

Ag and Markets in its order last January said the town didn’t use the proper setback distance. Gaines determined the setback distance by multiplying the 154-foot turbine by 1.1 for a 169.4-foot setback minimum. Gaines officials said the turbine needed to be moved at least 169.4 feet away from the farm market, train ride course and designated U-pick areas.

Ag and Markets suggested the setback from “human-occupied buildings” be five times the rotor distance or five times 23.6 feet, which would be 118 feet for the Watt turbine. Ag and Markets based that suggestion from the recommendation by New York State Energy Research and Development Authority or NYSERDA.

Town Supervisor Carol Culhane said the board adopted the resolution on Tuesday to shift liability from the town to the state in case anyone is ever hurt by the turbine.

“Ag and Markets created the liability,” Culhane said. “That’s the purpose (with this resolution) putting it on them, not on us.”

The resolution from Gaines also calls on the State Legislature to require Ag and Markets to comply with the State Administrative Procedure Act in issuing determinations regarding the validity of local zoning laws, and calls on the State Legislature to make amendments to Ag & Markets preventing the department “from ignoring public health and safety.”

Photos by Tom Rivers – Mary Neilans takes the oath of office from Town Justice Bruce Schmidt on Tuesday at Gaines Town Hall. Town Supervisor Carol Culhane, back left, and Town Councilwoman Sue Smith watch the proceedings.

GAINES – The Gaines Town Board may have made history this evening. The board held its first meeting of the year and newly elected members from the November election were sworn in.

Mary Neilans and Richard DeCarlo are new members of the board, joining incumbents Carol Culhane as town supervisor and board members Sue Smith and Jim Kirby.

Neilans and DeCarlo replace Doug Syck and Dave Kast, who didn’t seek re-election.
The addition of Neilans gives the Gaines Town Board three women on a five-member board. I think this is the first time in Orleans County history that a town, village or county elected board has had a women-majority.

It didn’t occur to me until soon before the meeting at 6:45 p.m. that Gaines might be making history today. I shared my hunch with Culhane.

“Interesting,” she said.

I can’t say for certain if history was made. I’m not sure anyone has been keeping track or given it much thought.

Carol Culhane is sworn in as town supervisor by Town Justice Bruce Schmidt.

Culhane is starting her third two-year term as town supervisor. She just completed four years as leader of the town government. She is the first woman to serve in the role for Gaines. Sue Smith is starting her seventh year as a Town Board member.

Most of the local town, village and county boards are dominated by men. The seven-member County Legislature only has had two women ever elected to that board: the late Marcia Tuohey and Lynne Johnson, who is a current legislator.

Culhane, a professional artist, said she hasn’t necessarily been pushing for more women on the board. She said she has sought diversity of backgrounds and expertise. Neilans is a veterinarian and small business owner who lives in a house on the National Register of Historic Places. DeCarlo is a retired teacher, a former town supervisor and owner of Heritage Estates.

Kirby is a farmer and Smith has worked in education. Her husband Guy also is an onion grower.

Culhane appointed Smith as deputy supervisor during Tuesday’s meeting and that too may have been historic in Orleans County. It may perhaps be the first ever a municipality had two women at the top of a local board.

Gaines Town Board members include, from left: Jim Kirby, Mary Neilans, Carol Culhane, Sue Smith and Richard DeCarlo.

Photo by Tom Rivers  – Volunteers have worked to save a former Cobblestone Schoolhouse on Gaines Basin Road in Albion. The school was built in 1832, and may be the oldest cobblestone building in the county.

ALBION – A cobblestone building from 1832 that was used as a schoolhouse until 1944 will find new use as meeting place for the Orleans County Historical Association.

The group has worked the past year to put on a new roof and stabilize the building at 3302 Gaines Basin Rd., just north of the Erie Canal.

The 913-square-foot building hasn’t been used much since it was closed as a school in 1944. Nor had there been much upkeep of the building until this year.

Al Capurso, the Gaines town historian, pushed to save the building from collapse. The site received a new historical marker in October, and the Historical Association is trying to get it listed on the National Register of Historic Places.

On Thursday, the Orleans County Planning Board approved the site plan and recommended the Town of Gaines approve variances and give a permit for the Historical Association to use the building for a public/semi-public community facility.

The association needs 200 feet of frontage but the property only has 125 feet. It also needs a minimum lot size of 40,000 square feet, but only has 22,500. Planners backed the frontage variance of 75 feet, and a 17,500 square foot variance for minimum lot size.

The Historical Association didn’t create the hardships for the variances, planners said. The group should be commended “for restoring a vital piece of Orleans County history back to an active use.”

The site shouldn’t draw too much traffic. There is parking available in the back on a hard-pack surface for about 20 vehicles.

Capurso told planners on Thursday the site will be used for meetings and could be home to donated artifacts.

The Historical Association in 2016 plans to repair the floor, have the building rewired and ceiling and walls plastered. Some missing sections of cobblestones will be replaced with appropriate soft lime mortar.

In 2017, Capurso said he expects the site will receive donations for a piano, school desks, teachers desk, wood stove, tables, chairs and wall hangings.