Orleans County

STAMP court case between Orleans and Genesee pushed back

By Tom Rivers, Editor Posted 6 December 2023 at 8:41 am

ALBION – The court case between Orleans and Genesee counties, where Orleans is trying to block a sewer main from being built on Route 63 in Shelby, was scheduled for a court appearance on Wednesday.

The lawyers representing the parties were scheduled for a 2:30 p.m. court session before Judge Frank Caruso in Niagara Falls.

But the court appearance was cancelled and court officials are working with the attorneys to line up a new date.

Orleans is represented by Lippes Mathias LLP in Buffalo and contends Genesee didn’t have the county’s permission to install the sewer main in Orleans County. The sewer, at full buildout of the STAMP manufacturing site in the Town of Alabama, would direct 6 million gallons of treated water to the Oak Orchard Creek.

Orleans contends that would have a negative impact on the county’s fishing industry, which is a nearly $30 million economic boost to Orleans County. The additional water from STAMP could also hurt the economic development efforts in Medina by overtaxing the creek, Orleans attorneys say in the lawsuit. (The Town of Shelby has since joined the lawsuit as an intervenor.)

Genesee County in its court filings contend Orleans gave consent to the project, which was years in the making, by never objecting to it – until the very last moment. Its years of silence should be viewed as support of the project, say attorneys from Phillips Lytle LLP, which are representing the Genesee County Economic Development Center and others named in the lawsuit – G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc.

The attorneys called the lawsuit from Orleans “a baseless attempt … to obstruct or delay construction of a long-planned, duly-approved infrastructure project.”

The Genesee attorneys claim Orleans is making “obstructionist proceeding” in a last-ditch attempt to stop the project as part of an “extortionate” demand from Genesee for money to get the Orleans blessing.

At full build-out STAMP can accommodate up to 6.1 million square feet of advanced technology manufacturing, office and retail space. GCEDC projects direct employment of up to 9,330 full-time jobs with a regional economic impact for support companies serving the site.

The first two tenants at STAMP – Plug Power and Edwards Vacuum – would have a daily discharge of 50,000 gallons of treated wastewater, GCEDC said.

Highway superintendents in first awareness drive urge extra caution during winter

Photos by Tom Rivers: A caravan of snow plow trucks head down Route 31 in Albion today just afternoon. There were about 30 plow trucks in the procession, representing most of the municipalities in Orleans County. The local highway and street superintendents, as well as the Department of Public Works joined together for the “Winter Operations Awareness Drive.” It started at the Shelby Highway Department and then headed east on Route 31, going through the villages of Medina, Albion and Holley.

Posted 4 December 2023 at 1:31 pm

Press Release, Orleans County Town Highway Superintendents Association

State/County/Town and Village highway departments joined forces today to raise awareness of the upcoming winter season.

Double and single axle plow/salt trucks met at the Shelby highway garage before traveling along Rt. 31 from Medina through the Village of Albion enroute to the completion point just east of the Village of Holley.

The winter season brings many challenges for the average traveler. The group wants to raise awareness of those challenges for both the men and women behind the wheel of the plow trucks as well as those traveling state, county, town and village roads.

There was participation from all 10 towns, the four villages, county and the state DOT in the procession, shown here passing in front of the Albion school campus on East Avenue.

No one wants to be stuck behind the plow truck but passing can very dangerous. People don’t take in to account the slush coming off the wheels and front plow of these vehicles until it’s too late. You should allow yourself extra travel time depending on the weather.

Many plow trucks have specific routes and will commonly backup frequently at intersections to go back down a road they just came from so allowing extra space between you and the plow truck is helpful.

Many of the towns and villages have limited crews and do not work around the clock so late evening to early morning travel may be difficult, again try to plan your winter travel accordingly.

Mailboxes are always an issue, some municipalities fix them and others do not. This is a courtesy fix and not required. The bottom of mailboxes should be at 41”-45” from the ground and the post should be maintained and free from rot or corrosion depending on the material used. Plastic mailboxes and “all in one” mailbox with post are not recommended for country roadside applications because the plastic does not hold up well in the bitter cold temperatures. For additional info on mailboxes go to www.usps.com/manage/mailboxes.htm.

Snow should never be pushed across the road from clearing your driveway. This is actually highway law. Most villages have restricted parking on village streets so be aware of these winter parking changes. We all know kids love snowbanks but along the roadside is not a safe place to be playing on snowbanks or making tunnels.

The Orleans County Town Highway Superintendents Association hopes this “Winter Operations Awareness Drive” does just that – brings awareness to winters driving challenges and helps you prepare for a safe commute where ever you are traveling to.

Safe travels and let it snow, let it snow, let it snow!

County Leg approves $92 million budget with 3.25 percent tax increase

By Tom Rivers, Editor Posted 1 December 2023 at 4:14 pm

Kendall town supervisor urges Leg to cut more but chairwoman says budget ‘bare bones’

Photos by Tom Rivers: Orleans County Chief Administrative Officer Jack Welch and Legislature Chairwoman Lynne Johnson go over the county’s $92 million budget during a public hearing on Thursday.

ALBION – The Orleans County Legislature approved a $92,494,994 budget on Thursday in a 7-0 vote.

The budget increases the tax levy by 3.25 percent or by $607,000 to $19,264,000. The tax rate is going down by $1.30 from $9.87 to $8.57 per $1,000 of assessed property. However, property owners won’t all pay the same tax rates because not all towns are at 100 percent full valuation.

Four towns – Carlton, Kendall, Ridgeway and Shelby – completed town-wide reassessments in 2023 and are at full value. They will pay a lower tax rate for the 2024 county taxes.

Other towns – Albion, Gaines, Murray and Yates – haven’t done reassessments for several years and will pay a much higher tax rate. Barre and Clarendon were reassessed in 2022 and will have a higher rate than $8.57 but not as high as the four towns that are at least four years from their last town-wide re-evaluation.

The exact final rates aren’t set yet. The tax bills are to be mailed by Jan. 1.

County Legislature Chairwoman Lynne Johnson said the budget preserves county programs and stays within the tax cap despite more than $2 million being pushed on the county from the state.

“Budgets are all about dollars and cents,” Johnson said during the budget hearing. “But budgets are also about strategic priorities and long-term plans. We need to govern to meet immediate needs and demands, while investing in areas that foster growth and future opportunity.”

Three town supervisors – Sean Pogue of Barre, Richard Moy of Clarendon and Tony Cammarata of Kendall – attended the hearing and had questions for legislators.

Moy said residents ask him about the county recent acquisitions totaling $1,7250,000. He asked where that money came from and if it’s in the 2024 budget.

Jack Welch, the county chief administrative officer and budget officer, said the county was able to pay for the properties out of the reserves for the 2023 budget.

Moy said the county’s population is down about 2,500 to about 40,000 total. “And we keep buying new buildings.”

Johnson said the acquisitions weren’t new buildings, but vacant property that fills a need.

Three town supervisors – from left Sean Pogue of Barre, Richard Moy of Clarendon, and Tony Cammarata of Kendall – attended the budget hearing and had questions for the county legislators.

The Legislature on Oct. 24 approved spending $975,000 to acquire the former building used for Genesee Community College in Albion and 25.7 vacant acres adjacent to the property for $500,000. The county will move the Probation Department and District Attorney’s office out of the Public Safety Building and into the former GCC site.

The Public Safety Building has been the home for Probation, the DA’s Office, the Sheriff’s Office and the 911 dispatch center for the past 25 years. But that building has challenges, especially with a big flat roof.

In September the Legislature approved spending $250,000 for the former Bank of America site at 156 S. Main St. in Albion, which will become the treasurer’s office in 2024. That building has a drive-through and is more easily accessible than the current office on East Park Street, county officials said.

The current treasurer’s building at Central Hall “is a money trap for us,” Johnson said about continuing to invest in that property.

“We’ve kicked the can down the road so many years,” she said.

Pogue from Barre asked how much the county stands to gain in revenue from solar projects. There are currently four that will be online in 2024 and the county will collect $25,000 combined from all four. As more of the projects are complete and generating electricity, the county will collect more revenue, said Kathy Bogan, the county attorney. The projects generate $7,000 in revenue for local governments for each megawatt. That $7,000 is divvied up by thirds to the town the project is located in, the county and the school district.

Cammarata of Kendall said the 3.25 percent tax increase is high. He urged the Legislature to find more to cut in the budget or tap more money from its reserve.

“All I’m asking is you take another look at it,” Cammarata said. “I feel for the people of Orleans County. Look one more time and see if you can slice that down. The people are suffering. If you cut it, it sends a message to the people that you care about them.”

Johnson said legislators, department heads, Welch and county treasurer Kim DeFrank have worked in recent months to minimize the tax increase. She said the budget was “bare bones” and burdened by unfunded state mandates.

Welch said the mandated programs from the state are up about $2.2 million or 12.9 percent for nine mandates to $19,056,290. That includes Medicaid up 17.7 percent to $8,693,594; Pension costs up 3.2 percent to $3,041,025; Public assistance/Safety Net increase of 21.6 percent to $2,330,569; Child welfare/Protection up 21.5 percent to $2,193,962; Special education up 4.5 percent to $990,270; Probation increase of 9.6 percent to $779,651; Indigent defense up 36.6 percent to $700,834; Early intervention up 3.2 percent to $276,385; and Mental Health law expense, up 87.5 percent to $50,000.

The budget addresses several capital projects with the total for 2024 at $7,883,213 with the county cost at $3,525,358.

The projects include: $2,150,000 of highway reconstruction (100 percent funded by CHIPS), $1.5 million with bridge projects (3 for design and 1 replacement to be funded with federal TIP and state BridgeNY), $1.3 million of culvert and bridge repairs (local funds), $1,242,000 of patching and sealing county roads (local funds), $557,199 for DPW equipment (SHIPS and state SAM), $396,935 for software and technology (local funds), $265,686 for Buildings & Grounds projects (local funds), $200,000 for jail general repairs (local funds), $195,493 for vehicles and equipment for Sheriff’s Office (local funds), and $75,000 for emergency management vehicle (state and federal 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.

The county is hoping to have more county employees go from 35 to 37.5 hours in 2024. That will be a discussion with the unions.

Welch said the employees will be paid more for those extra hours, but the county will save money by not having to pay for more health insurance and benefits if more employees were hired.

The budget also increases the solid waste fee by $4 to $220 a year.

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. Mercy Flight stays at $5,000. The Cobblestone Museum will get $3,000. The organization hasn’t been a line item in the budget in recent years 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 goes from $95,000 in 2023 to $97,500.

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

The Cooperative Extension stays 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 remains at $4,000.

The county has an allowable growth rate in the tax cap of 3.76 percent for 2024, or $701,733, Welch said, noting the adopted budget stayed under that cap.

County budget doesn’t include more sales tax sharing with towns, villages

Photos by Tom Rivers: Kendall Town Supervisor Tony Cammarata speaks during the May 23 Orleans County Legislature meeting, asking the legislators to increase the local sales tax sharing with towns and villages. The county has kept them at the same level since 2001. There will be a public hearing at 4:30 p.m. today about the proposed $92 million county budget.

By Tom Rivers, Editor Posted 30 November 2023 at 9:18 am

ALBION – Most of the Orleans County town boards and all four of the village boards this spring passed resolutions, asking the County Legislature to increase sales tax sharing with the towns and villages.

The county has frozen those municipalities to the same amount since 2001 – $1,366,671. Since then the total local sales has more than doubled. The towns and villages asked for the same 14 percent from 1996 when the total local sales tax was $9,499,138.

Last year it was $22.5 million. Through the first three quarters of 2023, the sales tax is up 2.7 percent in Orleans County from $18.48 million to $18.98 million.

If the county went to a 14 percent share it would have to increase the amount to towns and villages to $3,150,000 – a $1,783,329 increase.

But the 2024 county budget doesn’t give an increase. It’s the same $1,366,671. Legislators have said the county faces increasing state mandated costs, especially for the Medicaid program.

Jessica Marciano, a Medina  village trustee, also spoke at the May 23 Legislature meeting and said a bigger amount of the local sales tax would help the Village Board with its budget, easing some property tax pressure in the village.

“We’re flat and we have been flat for many years,” said Tony Cammarata, the Kendall town supervisor who has been pushing for more sales tax for towns and villages. “They’ve have had double-digit increases in sales tax. But they seem to have other priorities in place versus what we were hoping for.”

Cammarata said an increase in sales tax would help the municipalities deal with inflationary increases, and would help knock down the property taxes, and possibly could be used for projects in a town or village.

“We were just hoping they would see a little light in the tunnel to help us out,” he said. “Whatever they give us we appreciate because they don’t have to give us anything.”

Jack Welch, the county’s chief administrative officer, in his budget message said the state government is causing a loss of over $3 million in federal funds through the eFMAP Medicaid reconciliation for the Affordable Care Act enhanced payments. The 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 county will have a public hearing today at 4:30 p.m. on its proposed $92 million budget, which calls for a 3.25 percent tax increase.

Lynne Johnson, the Legislature chairwoman, said the county continues to faces high inflationary pressures, while trying to meet the needs of capital projects with roads and bridges, and improvements for county-owned buildings.

Cammarata said he would like there to be continued dialogue about the local sales tax, and appreciation for the burdens facing all the local municipalities.

“We were asking for hep so we could do things to help our residents,” Cammarata said. “We’re trying to improve their lives, that’s why we’re electing officials.”

The sales tax amounts allocated for the villages and towns for 2023 include:

  • Villages ($378,777 total) – Albion, $165,309; Holley, $46,545; Lyndonville, $14,876; and Medina, $152,047.
  • Towns ($987,894 total) – Albion, $123,953; Barre, $64,536; Carlton, $95,418; Clarendon, $116,261; Gaines, $88,267; Kendall, $86,813; Murray, $122,421; Ridgeway, $130,057; Shelby, $103,489; and Yates, $66,679.

Genesee responds to ‘baseless attempt’ by Orleans to halt sewer main for STAMP

By Tom Rivers, Editor Posted 27 November 2023 at 5:14 pm

Court date set for Dec. 5 as Genesee seeks to finish sewer project through Shelby to Oak Orchard Creek

Photos by Tom Rivers: The entrance to the STAMP manufacturing site in Alabama is located off Route 63, south of the Town of Shelby in Orleans County.

ALBION – Attorneys for Genesee County Economic Development Center have submitted court papers in response to a lawsuit from Orleans County seeking to halt a sewer main from the STAMP site in the Town of Albion down Route 63 to the Oak Orchard Creek in Shelby.

Genesee claims Orleans is making “obstructionist proceeding” in a last-ditch attempt to stop the project as part of an “extortionate” demand from Genesee for money to get the Orleans blessing.

Steve Hyde, the GCEDC executive director, in a sworn affidavit dated Nov. 6 said Lynne Johnson, Orleans County Legislature chairwoman, made the demand for the county to be paid $4.98 per 1,000 gallons discharged into the creek – which translates into about $10 million annually if 6 million gallons is sent into the creek daily from STAMP at full buildout. Johnson said that money should be disbursed quarterly to the Town of Shelby, Orleans County and Orleans Economic Development Agency, according to the Hyde affidavit.

Orleans County, in its lawsuit, said Genesee never had the county’s permission to do the project, and improperly formed a subsidiary – STAMP Sewer Works – to own the sewer main. Orleans also states the discharge into the creek would hurt the fishing resources through the world renown Oak Orchard and limit the economic development chances in Medina and Orleans County by adding up to 6 million more gallons of water daily to the creek.

Orleans County sued on Sept. 11. The State Supreme Court in Orleans County has set a 2:30 p.m. Dec. 5 court date with lawyers to appear by video conference. The Town of Shelby has since joined the lawsuit as an intervenor.

Attorneys for GCEDC and others named in the lawsuit – G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc. – filed a 56-page response earlier this month and called the court challenge “a baseless attempt … to obstruct or delay construction of a long-planned, duly-approved infrastructure project.”

The sewer main would allow businesses at the 1,250-acre STAMP to discharge treated sewer water into the Oak Orchard. The sewer main is imperative for economic development to move forward at the site, writes attorneys Craig A. Leslie, Adam S. Walters and Matthew J. Fitzgerald of Phillips Lytle LLP.

They say Orleans County was well aware of the project for several years and never objected until mid-2023. Its silence prior to that should be considered consent, the attorneys write.

“After Orleans County chose to sit on the sidelines during the years-long process that led to that project’s approval, and after having its demand for an extortionate payment rejected by GCEDC, Orleans County now seeks to block the project entirely, at the eleventh hour and fifty-ninth minute, for no principled reason and seemingly purely out of spite,” the attorneys write.

The GCEDC attorneys say the state is strongly behind the site, and committed another $56 million to it on Nov. 2 through the Empire State Development. That brings the state’s commitment to economic development at more than $100 million for STAMP infrastructure and incentives, the attorneys said.

Plug Power is already under construction at STAMP and Edwards Vacuum has announced it will build a $319 million “Factory of the Future” semiconductor dry-pump manufacturing facility at STAMP.

Plug Edwards plans to employ nearly 70 people at its site, while Edwards Vacuum said it would have 600 highly skilled professionals in its facility.

Genesee says Orleans misfires in its lawsuit, including by failed to name other “necessary parties” in its petition, including the Town of Alabama, state Department of Transportation (which owns Route 63), the Niagara County Water District which agreed to provide water to the site, and landowners who have approved easements for the sewer main but won’t get paid if it’s not constructed.

The statute of limitations has passed and it’s too late to include the necessary parties now, GCEDC attorneys said.

The lawyers also fault Orleans for not establishing clear and convincing evidence that it will suffer irreparable injury.

“The balancing of the equities favors the STAMP Respondents, current and future STAMP tenants, the taxpayers, and the general public,” Genesee states in its court filing.

Genesee stated in the court papers the water from STAMP will be cleaner with lower phosphorus levels than the water treated by the Village of Medina sewer plant and sent into the creek.

“Once construction and installation are complete, the Force Main will be closely monitored and will continue to be overseen by multiple state and federal regulatory agencies which—unlike Orleans County —possess the skills, training, and experience to ensure the environment is protected,” the attorneys write.

They are harshly critical of Orleans for waiting so late in the process following more than a decade of planning with many chances for comment. Construction of the pipe is already in the ground on Route 63 in Genesee County. The installation is about half done with the project on hold in Orleans due to the lawsuit.

A sewer line is shown on Aug. 12 on Route 63 in the Town of Alabama. Genesee County Economic Development Center seeks to install the sewer main along 9.5 miles of Route 63 – from the STAMP site to Oak Orchard Creek.

Genesee said Orleans County could have voiced opposition in the previous seven years, waiting until mid-2023 when tens of millions of taxpayer dollars had already been invested in STAMP. The Orleans County Health Department approved the sewer project to the Oak Orchard Creek, and the Town of Shelby voted to be part of the STAMP Sewer Works, Genesee states in the court papers.

Genesee notes the project has faced stringent environmental reviews from the state Department of Environmental Conservation, the U.S. Fish and Wildlife Service and the state Department of Transportation.

Orleans, in its lawsuit, also stated GCEDC is wrong to spend Genesee funds for a project outside its county and jurisdiction. But the Genesee attorneys say the project is funded by the state through an Empire State Development initiative.

Hyde, in his affidavit, said he and the GCEDC have worked 15 years trying to develop STAMP. It is one of the few mega-sites with more than 1,000 acres available in the state and is designed to attract large-scale, advanced manufacturing companies.

The site is attractive to semi-conductor companies because of “the extensive environmental review and pre-permitting diligence completed by GCEDC and Genesee Gateway to date, together with the significant investment in infrastructure made by the State of New York through its economic development agency Empire State Development,” Hyde said.

At full build-out STAMP can accommodate up to 6.1 million square feet of advanced technology manufacturing, office and retail space. GCEDC projects direct employment of up to 9,330 full-time jobs with a regional economic impact for support companies serving the site.

“Notably, it is projected that the economic impact of STAMP will benefit not only the Town of Alabama and Genesee County, but also the entire Greater Buffalo-Niagara and Rochester regions, including Orleans County,” he said.

The Genesee attorneys urge State Supreme Court Judge Frank Caruso to dismiss and deny the Orleans County petition.

“A judgment in Orleans County’s favor at this point would not only reward its dilatory and obstructionist conduct, it would waste $100 million in public investment,” the Genesee attorneys write.

Thwarting the sewer line would also do “irreparable harm to the STAMP Respondents—and to the public,” the attorneys write.

“That far outweighs the speculative harm claimed by Orleans County, tipping the equities decidedly in favor of the STAMP Respondents.”

Town justices, court clerks continue to oppose district court

By Tom Rivers, Editor Posted 21 November 2023 at 12:25 pm

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 clarifies income tax exemption levels, with money from investment funds included

Photo by Tom Rivers: Dawn Allen, the county’s director of real property tax services, speaks during a public hearing last week at the Orleans County Legislature meeting.

By Tom Rivers, Editor Posted 20 November 2023 at 6:17 pm

ALBION – Orleans County has specified what counts as income for determining whether senior citizens and disabled property owners qualify for a property tax discount.

The State Legislature during the 2023-24 budget changed the definition of “income” for property tax discounts to give the option to not include money from IRAs and other investment accounts.

But Orleans County is keeping IRAs and the investment accounts as income in determining the eligibility. The county will go by the gross adjusted income for federal tax purposes. It has specified that distributions from individual retirement accounts or retirement annuities will be included.

Dawn Allen, the county’s director of real property tax services, said during a public hearing the intention of program is to help lower-income senior citizens and those with disabilities. To not include that income would significantly increase the number of people getting the partial tax exemption, shifting more of the tax burden to others, Allen said.

The County Legislature a year ago increased the income levels for senior citizens and disabled property owners to receive a break on their property taxes.

The senior exemption was previously last changed in 2014, while the low-income disabled exemptions were last modified in 2017.

The senior exemption previously gave 50 percent off property taxes for those 65 and older with an annual income at $15,500 or less and then dropped in 5 percent increments.

The exemption that took effect in 2023 offers 50 percent off at annual incomes of $19,000 or less. It then drops in 5 percent increments until bottoming out at 20 percent off between $23,800 and $24,699.99.

The county a year ago also expanded the income levels for low-income disabled residents, effective in 2023. The county started offering that exemption in 2007.

The maximum exemption was for incomes at $15,500 or below. Then it changed to $19,000 or less for 50 percent off. That exemption then drops 5 percent before the lowest level of 5 percent off at incomes between $26,500 and 27,399.99.

Sheriff’s Office will provide security at Walmart during holiday season with store covering the costs

By Tom Rivers, Editor Posted 20 November 2023 at 4:59 pm

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.

$92 million county budget would increase taxes 3.25%

By Tom Rivers, Editor Posted 17 November 2023 at 2:43 pm

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

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.”

Praise for supervising public health nurse who is retiring after 28 years

By Tom Rivers, Editor Posted 15 November 2023 at 4:43 pm

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.”

DSS worker who assists growing homeless population named county ‘employee of the year’

Photos by Tom Rivers: Jennifer Szalay, center, is congratulated as the Orleans County Employee of the Year on Tuesday by Katie Harvey, director of Personnel and Self Insurance, and County Legislator John Fitzak.

By Tom Rivers, Editor Posted 15 November 2023 at 1:02 pm

ALBION – A Department of Social Services worker who has helped homeless residents find temporary shelter has been named the Orleans County Employee of the Year.

Jennifer Szalay, a principal social welfare examiner, was recognized during the Orleans County Legislature meeting on Tuesday as the employee of the year. She was commended for her work in assisting the local homeless population, which has soared in the past year to the current level of 90 placements.

Many of the local motels are full so Szalay and the DSS have had to secure rooms in out-of-county motels.

Szalay and the DSS have been short-staffed for much of the year, and Szalay has often come in early and stayed late to get the work done and support her co-workers, said Katie Harvey, director of personnel and self insurance for the county.

“This employee has grown as a leader and become such a valued asset to the Department of Social Services and Orleans County,” Harvey said. “Due to multiple vacancies within the unit, (Szalay) has shown her dedication continuing to manage vacant caseloads, train newer staff and support her entire team through a very difficult year.”

Szalay of Medina said she shows empathy to people in crisis and tries to connect them to services to help them long-term to be self-sufficient.

She often tries to assist people facing eviction of utility shut-offs so they can not be forced out of their residence and become homeless.

“We’re trying to help people through some of these hard problems,” she said. “These are difficult challenges. I try to be empathetic to their circumstances.”

Some of the people who are homeless have mental health issues, disabilities and drug and alcohol addictions that can make it harder to be self sufficient, she said.

Jennifer Szalay accepts a plaque as employee of the year from Katie Harvey and John Fitzak during the Orleans County Legislature meeting on Tuesday. Legislator Bill Eick is in back.

Szalay started with DSS in 2009 as a keyboard specialist. At the time, she was “shy and quiet,” Harvey said.

But Szalay’s confidence and skills grew and she has been promoted several times, to social welfare examiner, then to senior social welfare examiner overseeing public assistance and HEAP programs before being promoted last year to principal social welfare examiner.

The county’s Employee Assistance Program recognizes an employee of the month in the county government, taking nominations from employees and department heads.

The employees of the month for the past year include:

  • October 2022: James White from Sheriff’s Office
  • November 2022: Jennifer Gonzalez from DSS
  • December 2022: Martin Stirk from Sheriff’s Office
  • January 2023: Justin Niederhofer from Emergency Management
  • February 2023: David Foeller from Sheriff’s Office
  • March 2023: Tisha Dought, Taylor Tinkous and Patricia Urquhart from Mental Health
  • April 2023: Cory Martindale from Sheriff’s Office
  • May 2023: Ariel Ambrose from Sheriff’s Office
  • June 2023: Jennifer Leverenz from District Attorney’s Office
  • July 2023: Mark Tucker from Mental Health
  • August 2023: Jennifer Szalay from DSS
  • September 2023: Devon Pahuta, Brian Marsceill and Kevin Colonna from Sheriff’s Office

From this pool of candidates, a department head makes a recommendation to a separate committee which then considers the service the employee has performed, Harvey said.

Orleans County promotes National Adoption Month

Posted 13 November 2023 at 12:47 pm

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.

Sheriff, 7 county legislators all re-elected

By Tom Rivers, Editor Posted 8 November 2023 at 12:30 am

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)

List of polling locations in Orleans County for general election

Photo by Tom Rivers: Signs are posted at the front entrance of Hoag Library about the building at 134 South Main St. in Albion being a polling site for the election on Nov. 7.

By Tom Rivers, Editor Posted 6 November 2023 at 9:47 pm

Orleans County residents go to the polls on Tuesday with voting from 6 a.m. to 9 p.m.

There are positions up for election in each of the 10 towns as well as the seven Orleans County legislators and the sheriff. There are 25,455 registered voters in the county.

Most of the polling sites are at town halls, although Albion votes at Hoag Library, part of Ridgeway uses the Volunteer Fire Company, and Carlton uses the Fire Company Rec Hall.

Here is a list of the polling sites:

  • Albion – Districts 1 through 6 – Hoag Library, 134 South Main St.
  • Barre – Districts 1 and 2 – Town Hall, 14317 West Barre Rd.
  • Carlton – Districts 1 through 3 – Carlton Fire Co. Rec Hall, 1853 Oak Orchard Rd.
  • Clarendon – Districts 1 through 3 – Town Hall, 16385 Church St.
  • Gaines – Districts 1 through 4 – Town Hall, 14087 Ridge Rd.
  • Kendall – Districts 1 through 3 – Town Hall, 1873 Kendall Rd.
  • Murray – Districts 1 through 6 – Town Hall/Highway Garage, 3840 Fancher Rd.
  • Ridgeway – Districts 1, 3, 6, 7 – Ridgeway Volunteer Fire Company, 11392 Ridge Rd.
  • Ridgeway – Districts 2, 4, 5 – Town Hall, 410 West Ave.
  • Shelby – Districts 1 through 4 – Town Hall, 4062 Salt Works Rd.
  • Yates – Districts 1 and 2 – Town Hall, 8 South Main St.

County tourism director sees first-hand efforts to get more women fishing

By Tom Rivers, Editor Posted 6 November 2023 at 8:57 am

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.