Referendum on issue could go to voters in November 2024

Photo by Tom Rivers: Murray Town Justice Ted Spada, shown in a May meeting, said a district court “would be a very poor business decision and would defy common sense.”

MURRAY – The town justices and court clerks at the town level have all signed a resolution saying they are opposed to a district court in Orleans County.

“There are currently 10 town justices courts in Orleans County that ensure the public’s access to local judges who know their towns and provide the most direct, informed and timely support to those in need of court services,” according to the resolution signed by the justices and court clerks.

A district court has been pushed by District Attorney Joe Cardone and Public Defender Joanne Best. The issue headed to a referendum for Nov. 7. But the County Legislature and local Board of Elections pulled it from the ballot in early August saying there wasn’t enough time to collect and present all the information to the public.

The town justices and court clerks say no “substantive information” has been made available or study done on the merits of a district court.

The resolution was dated Oct. 14 and signed by Albion town justices Gary Moore and Joe Fuller, Barre Town Justice Frederick Root, Carlton Town Justice Kevin Hurley, Clarendon Town Justice Thomas DiFante, Gaines Town Justice Charles Prentice, Kendall Town Justice Debra Kluth, Murray town justices Ted Spada and Gary Passarell, Ridgeway Town Justice Joseph Kujawa, Shelby Town Justice Edward Grabowski and Yates Town Justice Donald Grabowski.

The following town court clerks also signed the resolution: Denise Cornick and Jamie Allport of Albion, Maureen Beach of Barre, Kim Niehaus of Carlton, Joanne Major of Clarendon, Maureen Kline of Gaines, Jessica Maier and Laurie Koelle of Kendall, Jeanne Spada and Lindsay Fredenall of Murray, Stacy Sliker of Ridgeway and Yates, Vicki Allen and Patricia Feltz of Shelby.

“The Magistrate Association of Orleans County is opposed to any efforts to eliminate the local and convenient access to justice by our citizens and find that the Town Courts of Orleans County provide a meaningful and necessary presence within our community for judicial resolution of conflicts, continued public safety of our citizens, and the protection of constitutional guarantees for all of our citizens,” the resolution states.

County Legislator John Fitzak told the Murray Town Board on Monday evening the issue is expected to be picked up again in 2024, with two public hearings about the issue. He expects a detailed report about the pros and cons of a district court, and the financial implications.

He believes it will be on the ballot for a public referendum in November 2024.

There was a heated public hearing about the district court on July 19 with several town justices locally and from a statewide association opposing such a court in Orleans County, saying it would cost more and a district court judge would be less connected to the people.

Cardone and Best said a district court would be more accessible to the community with full-time business hours during the week, and justice would be dispensed more equally. Right now, they said the town justices often have different penalties for violations and crimes in the county.

Cardone and Best also have cited increasing complexities and frequent changes in state laws with the criminal justice system. Forming a consolidated district court could result in a more effective local court system, they said.

A more detailed study is expected to look at how the workload among the town justices and a district could be divvied up between town courts and district court. The committee also needs to look at a location for the court that would meet all the standards sets by the state Office of Court Administration.

There is a shortage of attorneys in the county for the public defender and district attorney’s office, Best has said. Having cases in one location, rather than 10, would make it much easier for the public defender and DA’s office to have attorneys for the proceedings, she said.

“This is about trying to make better use of the system,” she said in a previously interview. “Fewer attorneys would be needed. We would staff one court instead of 10.”

County also approves buying new armored vehicle for SWAT at $319K, and 5 other new vehicles for Sheriff’s Office

ALBION – The Orleans County Sheriff’s Office will provide security services at Walmart in Albion from Nov. 23 to Dec. 31, with the store paying the highest rate of overtime along with the cost of fringe benefits.

The County Legislature approved the agreement last week. Sheriff Chris Bourke said the Sheriff’s office has partnered with Walmart with security for several years during the holiday season.

This year’s contract calls for the Sheriff’s Office to provide 57 hours of security to the store, primarily the outside perimeter and parking lot areas, Bourke said.

• The Legislature last week also approved purchasing three new 2023 Chevrolet Tahoes at $73,008.64 from Joe Basil Chevrolet in Depew. That is a government discount rate and includes up fitting.

• The county also will be buying two new 2023 Ford Explorers for $73,610.74 from Bob Johnson Ford in Avon. That is the government discount rate and includes up fitting.

• The County Legislature also approved the following purchases for the SWAT: $319,867 for an emergency response armored vehicle to be paid to Lenco Armored Vehicles in Pittsfield, MA; 12 ballistic helmets, 12 chinstrap extenders, and 12 helmet bags for $10,192 to be paid to Safeware in Lanham, MD.

• The Legislature also approved paying Lyons Collision in Medina $21,676 for a service repair of the Sheriff Office’s 2015 Marine Boston Whaler Boat M-2. Due to insurance recovery monies received, the county cost is $2,000.

County officials say Orleans faces many rising costs, including from homeless crisis

ALBION – Orleans County’s tentative budget for 2024 totals $92,494,994, which is down 1.5 percent from 93,702,812 in 2023.

However, despite the reduction in spending the county is proposing a 3.25 percent tax increase with the tax levy going up $607,000 to $19,264,000. The levy was $18,657,000 in both 2022 and 2023.

Jack Welch

The county will have a public hearing on the budget at 4:30 p.m. on Nov. 30 at the Orleans County Legislative Chambers, 14016 Route 31 W, Albion.

“Orleans County released its tentative budget that continues to stay below the state property tax cap, even with the tremendous budget pressures we are facing from high inflation and unfunded state mandates,” said Lynne Johnson, County Legislature chairwoman. “It is unconscionable that just nine state mandates now account for 98.9% of our total tax levy in this year’s budget proposal but that is the reality we are dealing with as Albany attempts to pass their budget problems onto us.”

Although the levy is up over 3 percent, the tax rate will drop by $1.30 from $9.87 to $8.57 or by 13.2 percent. That is because the reassessments in several towns in the county have boosted the overall assessed value by 19.0 percent or by $358.9 million to $2.25 billion.

The budget was filed on Wednesday by Jack Welch, the county chief administrative officer. Welch said putting together the budget was a challenge due to “volatility, uncertainty, complexity and ambiguity such as promises broken, the core inflation rate that is twice as high as it was two years ago, continued employment challenges of retaining and hiring new employees, prolonged supply chain issues which have no certainty of the price of goods or the delivery of goods as quoted.”

He said actions by the state government has stressed the county budget. That includes a loss of over $3 million in federal funds through the eFMAP Medicaid reconciliation for the Affordable Care Act enhanced payments. That state eliminated that money from counties, Welch said.

The county also will lose out on $1.1 million in annual Medicaid to State (formally MMIS) payments, he said.

“The second loss we have had to endure is the wireless broadband Congressional Directed Spending funding in the amount of $1.5 million because Orleans County was not the lead agency,” Welch said in his budget statement. “We are moving forward to complete the wireless broadband project in 2024 utilizing our own funds.”

Welch said a homeless crisis for temporary and permanent emergency housing placements has increased the workload for the Department of Social Services. Assisting the homeless as well as other mandated programs through DSS prompted the county to increase the hours for DSS workers from 35 to 37.5 hours per week with a goal of 40 hours per week rather than hiring additional employees, Welch said

“All of these changes have had the greatest impact on the component of the budget titled Economic Assistance and Opportunity,” he said in his budget message. “The 2024 budgeted county cost for these services is 17.5% over 2023 budgeted county cost.”

Nine state mandated programs account for $19,056,290 or 98.9 percent of the proposed 2024 tax levy. For 2023, the “9 for 90” mandates totaled $16,877,758. That is a 12.9% increase for Orleans County, Welch noted.

Lynne Johnson

The 2024 Capital Plan totals $7.8 million with a county cost of $3.5 million without using debt. Highway projects – bridges, roads, culverts and equipment – account for $6.7 million of the capital expense. Technology upgrades also are a significant part in the Capital Plan with departments updating end-of-life platforms, Welch said.

The county also is facing a 7.8 percent increase in health insurance costs, bringing the total expense to about $8 million.

Welch said sales tax revenue has been strong and that takes some pressure off property taxes. The county also is in line for $4.3 million in state and federal funding for bridge work and other highway improvements.

The county budget provides funding for other organizations in the county, with some slated to get an increase and others not.

The four public libraries will stay at $10,000, according to the 2024 tentative budget. The Cobblestone Museum is budgeted for $3,000, when the organization previously wasn’t in the budget but sometimes received $3,000 from the county’s contingency funds.

The budget allocates $200,000 for the Economic Development Agency, up from $190,000 in 2023. The Soil & Water Conservation District would go from $95,000 in 2023 to $97,500.

The Sportsmen’s Federation would see its funding cut from $1,000 to $0.

The Cooperative Extension would at $240,000, even though the organization requested $275,000. The Extension has been at $240,000 since at least 2020. The Genesee-Orleans Regional Arts Council would stay at $4,000.

The annual fee for solid waste and recycling service will increase by $4 to $220. This fee will continue to support the e-waste collection efforts for county residents at three sites across Orleans County.

“The program remains very popular, with high demand for the disposal of CRT monitors and televisions,” Welch said. “The county is also planning to continue to offer the Household Hazardous Waste pick up annually which includes residential tires.”

Sales taxes receipts are budgeted $20.8 million and strong sales tax growth has taken some of the pressure off the tax levy, helping the county to stay below the property tax cap for 2024.

“I commend Chief Administrative Officer Jack Welch and all our of department heads for putting together a responsible budget that properly funds our services while maintaining accountability to taxpayers,” Johnson said. “The need for our services has never been greater, yet our employees continue to find ways to meet that demand within the confines of our budget.”

Photo by Tom Rivers

ALBION – Mary Ellen Messmer is happy on Tuesday when she was presented a special recognition award in appreciation for her 28 years of service with the Orleans County Health Department. Messmer is retiring as a supervising public health nurse.

Next to her is Public Health Director Paul Pettit, left, and County Legislator Don Allport.

Messmer was the county’s employee of the year in 2020-21 in recognition of her efforts during the Covid-19 pandemic. Back then she took the lead with case investigations when someone tested positive for Covid. She was praised for showing compassion to residents in a stressful situation.

Messmer started her career with the county as an RN charge nurse 28 years ago in the county nursing home and then move to the Supervising Nurse in the Public Health Department.

“Your dedication and expertise has benefited our county tremendously, especially leading the nursing response during the Covid pandemic, managing the migrant outreach community preventing illnesses and making sure individuals are compliant with various additional treatments,” county legislators said in the recognition award. “We appreciate your support and commitment, which will forever be widespread, long lasting and extremely appreciated. The Orleans County Legislature does hereby wish you well as you enjoy retirement.”

Photo and information courtesy of Orleans County Legislature

ALBION – The Orleans County Legislature recognized November as National Adoption Month as Legislator Fred Miller presented a proclamation to Teresa Elam-Zwifka, Director of Child & Family Services (left) and Lianna Sheffer, Supervisor of Preventative Services, of the Orleans County Department of Social Services.

National Adoption Month is a nationwide effort to educate the public and prospective parents on the struggles many adoption eligible children face in finding a family and how they can help.  It is also a time to celebrate the countless adoption success stories that brought parents and children together.  To inquire about adoption and foster care in Orleans County, click here.

Orleans County Sheriff Chris Bourke was re-elected and seven county legislators all will be back for another term in office.

Sheriff Chris Bourke

All of them were unopposed.

Bourke secured a second four-year term with 4,424 votes – 3,575 under the Republican line and 826 under the Conservative Party.

He has worked in the Sheriff’s Office for 39 years, starting in 1984 as a correction officer and then was a deputy sheriff before working 18 years as a lieutenant. He was supervisor of the Marine Patrol, and also was a K9 officer for 20 years.

Before being elected sheriff, he was undersheriff for four years.

Here are the results for the seven county legislators:

• County Legislator (at-large from west) – Skip Draper of Medina, 3,604 votes, Republican (2-year term)
• County Legislator (at-large from central) – Don Allport of Gaines, 3,550 votes, Republican (2-year term)
• County Legislator (at-large from east) – Ed Morgan of Murray, 3,496 votes, Republican (2-year term)
• County Legislator (District 1) – Bill Eick of Shelby, 1,238 votes, Republican (2-year term)
• County Legislator (District 2) – Lynne Johnson of Lyndonville, 720 votes, Republican (2-year term)
• County Legislator (District 3) – Fred Miller of Albion, 429 votes, Democrat (2-year term)
• County Legislator (District 4) – John Fitzak of Carlton, 1,088 votes, Republican (2-year term)

Provided photos: Dawn Borchert, the Orleans County tourism director, holds a yellow perch she caught at a “Learn to Fish Seminar for Women” on Oneida Lake organized by New York Sea Grant.

Dawn Borchert, the Orleans County tourism director, is always looking for ways to bring more visitors to the county, especially the top draw of sportsfishing.

She thinks there in an opportunity to bring more anglers to the county by reaching out to women.

Borchert recently attended a “Learn to Fish Seminar for Women” on Oneida Lake. She attended as a regular participant and not as the tourism director.

She would like to offer a similar seminar for women in Orleans County.

“As we all know in any industry or sport, some women don’t feel comfortable if it is a room filled with men, and by having a seminar/workshop like this we can expand our reach for anglers not only male but maybe female anglers, that would find Orleans County a nice fishing destination,” Borchert said.

Fishing has a $28 million annual economic impact in Orleans County, according to a 2017 angler survey from the state Department of Environmental Conservation.

Out-of-state anglers account for 70 percent of the fishing economic output in Orleans County, $19,620,488 of the $27,989,393. County residents who fish accounted for $1,767,334 in economic activity while other New York state residents outside Orleans represented another $6,601,571.

Borchert sees engaging more women in the sport as a way to boost that economic impact in the county. She cited a national survey from U.S. Fish and Wildlife that showed the number of female anglers increased from 7.5 million in 2006 to 8.9 million in 2011.

Borchert was grateful for the chance to go fishing recently on Oneida Lake. She drove 140 miles and used her father’s fishing gear.

“My dad fished for walleye all the time, so when I inherited his gear I wanted to learn how,” she said. “This clinic allowed me not only to learn the science around how Walleye live in the waters of NYS, but tips on how to catch Walleye.”

The Learn to Fish Seminar for Women was hosted by New York Sea Grant and the Cornell Biological Field Station on Oneida Lake. Borchert was among 10 women who learned the basics of walleye biology and behavior; walleye fishing gear with lures and techniques; and how to tie common fishing knots.

Dawn Borchert holds a brown trout she caught a few years ago on Sandy Creek in Orleans County.

Polling site open today and Sunday, and then sites open throughout county for general election on Tuesday

ALBION – The first seven days of early voting 322 ballots were cast. The county has one early voting polling site – the Orleans County Board of Elections Office, 14016 State Route 31 in Albion.

That site is open today and Sunday for early voting from 9 a.m. to 5 p.m. The site is available for all 10 towns in Orleans County.

On the general election on Tuesday, each town will have their own polling location.

The early voting numbers so far include 44 on Oct. 28, 39 on Oct. 29, 52 on Oct. 30, 56 on Oct. 31, 42 on Nov. 1, 41 on Nov. 2 and 48 on Nov. 3.

To see a list of all the candidates for all 10 towns and the county positions, click here.

Orleans Hub has also posted many letters to the editor about the election. Click here to be directed to the letters to the editor section.

Photos and press release from Orleans County government

ALBION – In honor of Operation Green Light, the dome of the courthouse will be lit green from November 1 through November 12.

In the photo at right, County Legislator Fred Miller presents a proclamation to Nancy Traxler, Director of the Orleans County Veterans Services Agency, in support of Operation Green Light and in recognition of the great work the VSA does in helping those who served in our military get the benefits and support they earned.

Operation Green Light is designed to show support for our nation’s veterans, raise awareness of the county role in providing support and resources to veterans, and advocate for legislation that will strengthen counties’ ability to support veterans.

Residents and businesses are encouraged to participate in Operation Green Light by placing a green light in a window of their home or business.

The unemployment rate in Orleans County was at 3.2 percent in September, up slightly from the 3.1 percent a year earlier, the state Department of Labor reported.

The state Department Labor reports 16,800 were working in the county in both September 2022 and 2023, but the number of unemployed increased from 500 to 600 (numbers are rounded to the nearest hundred).

The unemployment rates in Orleans County so far in 2023 include 4.8 percent in January, 4.3 percent in February, 4.0 percent in March, 2.9 percent in April, 3.1 percent in May, 3.3 percent in June, 3.5 percent in July, 4.0 percent in August and 3.2 percent in September.

Here is how that 3.2 percent for Orleans compares to other nearby counties in September:

• Genesee, 2.7 percent
• Livingston, 2.9 percent
• Wyoming, 2.9 percent
• Monroe, 3.4 percent
• Niagara, 3.4 percent
• Erie, 3.4 percent

The national unemployment rate is up too from 3.3 percent in September 2022 to 3.6 percent last month. State-wide the rate moved from 3.6 percent in September 2022 to 4.0 percent last month.

The U.S. has 2.67 million more people working in that period for 161.67 million total, while New York has 88,000 more employed from September 2022 to 9.35 million total last month, according to the DOL.

Press Release, Orleans County government

ALBION – Early voting for the Nov. 7 general election started for Orleans County voters. Early voting takes place at the Orleans County Board of Elections Office, 14016 State Route 31 in Albion.

The times are:

• Saturday, October 28 from 9 a.m. to 5 p.m.
• Sunday, October 29 from 9 a.m. to 5 p.m.
• Monday, October 30 from 9 a.m. to 5 p.m.
• Tuesday, October 31 from 9 a.m. to 5 p.m.
• Wednesday, November 1 from 12 p.m. to 8 p.m.
• Thursday, November 2 from 12 p.m. to 8 p.m.
• Friday, November 3 from 9 a.m. to 5 p.m.
• Saturday, November 4 from 9 a.m. to 5 p.m.
• Sunday, November 5 from 9 a.m. to 5 p.m.

Those with question can call the Board of Elections at (585) 589-3274.