Chris Bourke

ALBION — Chris Bourke will take the ceremonial oath of office at 4 p.m. on Jan. 6 in the new legislative chambers at the County Administration Building at 14016 Route 31.

Bourke and other leaders at the Sheriff’s Office will take the oath, including Michael Mele, the new undersheriff; Jeff Gifaldi, who will be the new chief deputy; and Scott Wilson, who is continuing as the jail superintendent.

Bourke starts as Orleans County’s new sheriff on Jan. 1. He is succeeding Randy Bower, who is retiring.

Bourke has been the undersheriff the past four years. He was elected in November.

He has worked with the Orleans County Sheriff’s Office for 35 years, starting his career 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.

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ALBION – Orleans County is slated to receive up to $73,092 in state funding to help with the 2020 census count.

The County Legislature has authorized the Orleans County Planning and Development Director Jim Bensley to submit the paperwork for the money. The state funds are intended to target areas where there have been low participation rates for filling out the census forms.

The upcoming census will be the first time residents can fill it out electronically. The kickoff date is April 1.

The electronic filing option will be difficult for some county residents without access to high-speed internet, Bensley said.

“We don’t have broadband internet everywhere in our county so that’s a concern,” Bensley said about the electronic filing.

He expects the county will form a committee soon with a plan to maximize the census count. That may include include partnering with local public libraries and Community Action, which could provide computer access and assistance for residents.

Those who don’t complete the form electronically may be sent paper copies. If those aren’t turned in, a census enumerator could knock on the door of people who haven’t completed the census, Bensley said.

He is waiting for guidelines from the state on how the money allocated for the county should be spent. The funding could include translation services, outreach to farmworkers and perhaps the Amish and Mennonite communities, as well as reaching out to senior citizens and people in poverty.

The county’s population has been trending downward. In 2000, the population was 44,171 for Orleans County. That number declined to 42,883 in 2010.

County officials want an accurate count because the population data affects reapportionment for elected officials in local, state and federal governments, as well as levels of state and federal funding.

Population trends also are studied by the private sector for investment decisions, Bensley said.

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ALBION – The Orleans County Legislature has appointed several local residents to serve on different local boards.

The following were approved for three-year terms to the Orleans County Planning Board: Matthew Hand of Albion, representing the Village of Albion; Kathy Blackburn of Medina, representing Village of Medina; Daniel Gardner of Lyndonville, alternate for Village of Medina; Thomas Fenton of Medina, representing Town of Ridgeway; Timothy Elliott of Medina, alternate for Town of Ridgeway.

The Legislature also appointed Kevin Bogan, a funeral director in Medina, to the Community Services Board, to serve a four-year term.

The Legislature appointed Dr. Mary Obear, a family physician in Corfu, to serve a five-year term on the Genesee-Orleans County Board of Health.

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ALBION – Orleans County is adding three new positions for the Public Defender and two full-time in the District Attorney’s Office.

The state’s Office of Indigent Legal Services will pay for two part-time assistant public defender positions and a full-time assistant public defender.

The state Office of Indigent Legal Services is providing funding for counties to add staff for the public defender to reduce caseloads and improve the quality of representation for indigent residents.

The part-time attorneys will work 21 hours a week while the other job is full-time.

The new positions become effective on Jan. 1.

The County Legislature also has authorized creating two new positions in the District Attorney’s Office. These jobs will be funded locally because the state didn’t provide grants for the positions.

County legislators said the new jobs are needed to meet the increased workload in the DA’s Office due to the state’s criminal justice mandates for bail reform, discovery reform and speedy trial reform. Those new standards take effect on Jan. 1.

The District Attorney’s Office will have an additional full-time assistant district attorney and a new secretary to assistant DA. The county also is increasing the hours per week for two positions from 35 to 40 hours a week. That includes the confidential secretary to the district attorney and a secretary to an assistant DA.

Those additions will cost about $180,000 in 2020.

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Photo by Tom Rivers: This flag pole was recently erected on the Orleans County Courthouse lawn as part a new veterans’ memorial.

ALBION – The Orleans County Legislature has given formal approval for a new veterans’ memorial to be built at Courthouse Square.

A new flag pole already has been erected as part of the memorial being funded by the Albion Knights of Columbus Council No. 1330.

The County Legislature last week approved an agreement with the Knights of Columbus, giving the organization permission to construct and maintain the memorial with a stipulation the K of C “agrees to indemnify, defend and hold harmless the County of Orleans, its officers, employees and agents from and against any and all liability, loss claim, damage or expense, including defense costs and legal fees, incurred in connection with the construction and maintenance of said Veterans Memorial.”

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Legislators say changes, effective Jan. 1, endanger public safety

ALBION – The Orleans County Legislature is asking Gov. Andrew Cuomo and the State Legislature to delay bail reform and new discovery laws because legislators say the changes, effective Jan. 1, put public safety at risk.

“The Orleans County Legislature does hereby implore the State of New York to immediately amend or otherwise delay implementation of these laws by convening an emergency session of the State Legislature, or by emergency executive authority, or by any other means deemed possible by the State, and to do so before Dec. 31, 2019,” the County Legislature said in a resolution passed last Wednesday.

The new state legislation for bail and discovery was approved as part of the state budget for 2019-20. County legislators said the State Legislature and governor approved the changes without public or law enforcement input, and the bail reform has stripped judges of their discretion to set bail in many specific crimes.

The state determined there shouldn’t be cash bail for crimes such as third degree assault, aggravated vehicular assault, burglary and many charges where judges typically have set some bail, including subcategories of homicide and manslaughter.

The state law allows people being held in jail for non-qualifying crimes under the new statue to be released from custody on Jan. 1.

The discovery bill overhauls the discovery process and requires an expedited timeline to provide materials such as police reports, radio transmissions, body-worn and dash-cam video, laboratory test results and volumes of other materials and data related to prosecution.

The mandate to turn over voluminous trial-related material within 15 days “will inevitably not be achieved in some cases and may result in the inability of the People to properly prosecute cases against criminal defendants,” the County Legislature stated in its resolution.

The discovery bill also requires the disclosure of victim and witness names and identifying information to the accused without adequate mechanisms to protect against witness intimidation and tampering. Additionally, the law creates a statutory right for the accused to visit a crime scene even if it is a private home, according to a news release last month from the District Attorneys Association of the State of NY, NYS Association of Chiefs of Police, and NYS Sheriffs’ Association.

The state legislation also will require law enforcement agencies or the courts to send multiple notifications to defendants for their court appearances.

County officials are asking state legislators and the governor to:

• Give judges the discretion to set bail “when appropriate” for crimes.

• Increase the discovery timeline from 15 days to a minimum of 45.

• Phase in discovery reform by applying the new reforms to only misdemeanors, effective Jan. 1, 2020, and then for felonies on Jan. 1, 2021. The discovery provisions for violations  to vehicle and traffic law should be repealed.

• Court appearance reminders should also be sent to victims of crimes, not just the defendants.

• “Extend appropriate dignity, fairness and respect to crime victims by soliciting input from victim advocate organizations and considering their suggestions for improving these laws.”

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Photos by Tom Rivers

ALBION – Jay Gsell (right), county manager in Genesee County, attended a party on Friday for Chuck Nesbitt, left, who is leaving his position as chief administrative officer in Orleans County, after 14 ½ years.

Gsell praised Nesbitt for bringing a “progressive” approach to county government. Genesee and Orleans were the first counties to share a public health director, which then led to a shared staff and a board of directors.

They are standing in a new legislative conference room, which was part of a $11 million addition to the County Administration Building as well as upgrades to the Mental Health building.

Nesbitt helped lead that project that included about $3 million in state funding. Gsell said Nesbitt built partnerships with elected officials locally and around the state, and those relationships paid off for Orleans County.

“It’s about being smart, being committed and putting a team together,” Gsell said. “Collaborations are what it is all about. It’s teamwork and a commitment to the public sector.”

Nesbitt is leaving for a job with Wendel, an architectural and engineering firm. He will help Wendel expand its customer base in the Rochester and Syracuse area. Nesbitt will be a resource for local and state governments tackling building projects and infrastructure upgrades.

Nesbitt is well regarded in county government circles. He just finished his tenure as president of the New York State Association of Counties. He served as president of the NYS Association of County Administrators and Managers from 2008 to 2018.

“That is a testimony of the trust and care and respect for how he leads us,” Gsell said.

Chuck Nesbitt is congratulated by Mark O’Brien, director of Mental Health (left), and Paul Pettit, public health director in Orleans and Genesee counties. Many department heads, county employees and elected officials in the area attended a party in his honor on Friday. The Mental Health Department recently expanded to offer mental health services in all five school districts in Orleans County.

Nesbitt played on the offensive and defensive line for an Albion team that won the state title. He then played on the offensive line at the University of Maryland and then for a year at the University of Buffalo.

Joe Cardone, the Orleans County district attorney, said Nesbitt has served as a blocker for the county department heads and employees.

“He always has your back, your blind side,” Cardone said. “He has been amazing at handling many difficult problems.”

John Papponetti, an Albion native and engineer, left the private sector to join the county government as the highway superintendent.

Nesbitt recruited Papponetti for the position with the retirement of Jerry Gray. Papponetti’s hiring is an example of Nesbitt working to build a strong team of department heads.

Papponetti left Labella and Associates to work for the county on March 27. Papponetti said Nesbitt’s vision was a selling point for the job.

“It’s about being innovative and getting more out of the taxpayers’ money,” Papponetti said. “We’ve been able to make the dollars go farther.”

Papponetti can do engineering in-house, rather than contracting that to outside firms. The county highway also is pouring concrete slabs and constructing culverts. It did that for the first time on Culvert Road in Ridgeway last year. Doing the project by itself reduced the construction costs by an estimated $180,000. Papponetti was a consultant on the project.

Orleans County Legislature Chairwoman Lynne Johnson presents Nesbitt with gifts for his many years of service.

She said Nesbitt has left the county in a strong financial position, while also finishing the $11 capital project at the County Administration Building and moving past the bid phase for a $5.9 million upgrade to the emergency communications system.

“He’s left us in a far better place,” Johnson said.

County officials are pleased with the applicants for the CAO. The deadline for applications closed on Dec. 16.

Lynne Johnson gives Nesbitt a hug during the party, which was attended by many local and state officials.

The chief administrative officer of the county government manages a $71 million operation with 415 employees in 24 departments.

The job is advertised for a salary of $100,000 to $125,000. The key responsibilities for chief administrative officer include preparation of the county budget, developing long-range capital improvement budgets, purchasing oversight, labor relations management, property control and risk management, intergovernmental relations and legislative advocacy, public information officer duties, and general oversight of departments and the coordination and administration of county government functions and activities.

Nesbitt’s last day on the job is Dec. 31, but his last day in the office was Friday. Johnson said department heads will likely assume some of the CAO duties in the transition to a new CAO. Johnson also will have to fill some of the duties. She is hopeful a new CAO will be in place in February.

Nesbitt thanked the county legislators, department heads and county employees for embracing many of the changes in recent years.

“It’s been my honor to serve in this position the past 14 ½ years,” he told the group at his sendoff party.

After he received the gifts from Lynne Johnson, there was a video showing Nesbitt in a cameo performance with the Who Days last month at the White Birch Golf Course in Lyndonville. Nesbitt is singing, “867-5309/Jenny.” Nesbitt’s co-workers say he has a great sense of humor and cares for the staff in county government.

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Photos courtesy of Orleans County Sheriff’s Office

ALBION – About a dozen law enforcement officers joined 16 local children in the debut of Shop with a Cop on Saturday at the Albion Walmart. The deputies joined children in picking presents for their family members.

The Orleans County Deputy Sheriffs Association led the program for the first time in Orleans County. The kids are pictured with Santa, deputies, Sheriff Randy Bower, Undersheriff Chris Bourke and Chief Deputy Michael Mele at the Albion Walmart.

The Sheriff’s Office received a grant from the Walmart Foundation to cover the costs of the presents. Sheriff Bower said the program was a success and he hopes it will continue in the future.

Sgt. Donald Draper joined this boy for Shop with a Cop.

Deputy Adam Hazel, left, and Sgt. Kevin Colonna were happy to help this girl with her shopping.

Before the group went to Walmart, they had lunch at Tillman’s Village Inn. Many of the children were then escorted to the store in patrol cars.

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ALBION – The county is accepting applications until Dec. 16 for the next chief administrative officer of the county government, a $71 million operation with 415 employees in 24 departments.

Chuck Nesbitt has served as CAO for the county for 14 ½ years, leading the county through several major building projects, including the recent $11 million addition to the County Administration Building.

“We’re not going to hire just anybody,” said Lynne Johnson, chairwoman of the County Legislature. “It has to be the right person.”

The county is being assisted in the search for Nesbitt’s successor by Ian Coyle, the Livingston County administrator.

Johnson said several candidates have already applied for the position, which is advertised for a salary of $100,000 to $125,000. Click here to see the job posting.

Coyle and Jack Welch, the county’s personnel director, will work to narrow the applicants to three to five who will then be interviewed by county legislators.

Nesbitt is taking a job with Wendel, an architectural and engineering firm. He will help Wendel expand its customer base in the Rochester and Syracuse area. Nesbitt will be a resource for local and state governments tackling building projects and infrastructure upgrades.

Nesbitt is well regarded in the county government circles. He just finished his tenure as president of the New York State Association of Counties. He served as president of the NYS Association of County Administrators and Managers from 2008 to 2018.

He has worked to reimagine the county government in Orleans County. That includes a merged health department with Genesee County, the only two-county public health department in the state.

The key responsibilities for chief administrative officer include preparation of the county budget, developing long-range capital improvement budgets, purchasing oversight, labor relations management, property control

and risk management, intergovernmental relations and legislative advocacy, public information officer duties, and general oversight of departments and the coordination and administration of county government functions and activities.

Nesbitt’s last day on the job is Dec. 31. Johnson said department heads will likely assume some of the CAO duties in the transition to a new CAO. Johnson also will have to fill some of the duties.

She is hopeful a new CAO will be in place in February.

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ALBION – The Orleans County Legislature on Wednesday unanimously approved a $71,711,638 budget for 2020, which is up 1.0 percent from the $71,031,480 in 2019.

The budget increases taxes by 2.5 percent or $439,455 to $18,009,699 in 2020. That remains under the tax cap because the county had some carryover from prior years when it was under the cap.

Although the tax levy – what the county collects in taxes – will increase by 2.5 percent, the tax rate is going down by 23 cents, from $10.10 to $9.87 per $1,000 of assessed property. That’s because of growth in the county’s tax base. Assessed values are up 4.93 percent or by $85.7 million – from $1.74 billion in 2019 to $1.82 billion in 2020.

County officials needed to include about $350,000 in additional costs to meet state mandates for new criminal justice programs with bail reform and discovery laws. The state didn’t provide funding for those initiatives. The county will need to add four new positions – two in the District Attorney’s Office and two in Probation – to meet the new requirements that start Jan. 1.

The county could have covered those costs with the estimated $400,000 in new sales tax revenue on internet purchases. But the state instead is requiring the county to pay $290,000 to towns and villages in Aid and Incentives to Municipalities. AIM is a state program that the governor and State Legislature decided will be partially funded by counties through their sales tax.

The budget maintains services provided by 430 full- and part-time employees. The budget keeps school resource officers at Kendall and Lyndonville school districts. (Those districts reimburse the county for providing officers at the schools, which started in 2018.)

The county budget also will invest $3.85 million infrastructure with road maintenance and bridge and culvert work, Nesbitt said in a budget message.

The budget keeps the same level of funding in 2020 as 2019 for several agencies that provide services in the community: Cornell Cooperative Extension, $240,000; Orleans Economic Development Agency, $190,000; Soil & Water Conservation District, $92,500; four public libraries, $10,000 combined; Sportsmen’s Federation, $4,000; and Geneses-Orleans Regional Arts Council, $3,000.

The fee for solid waste and recycling service will be $212, which is the same as 2019. That cost is holding steady as the county transitioned to larger recycling totes this year, which are picked up every two weeks instead of weekly.

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Photo by Tom Rivers: Orleans County Legislator John DeFilipps, who owns a house on the lakefront in Carlton, states his support for a lawsuit against the International Joint Commission, a Canadian and American group that is charged with managing lake levels.

ALBION – The Orleans County Legislature went on the record today in support of the state’s lawsuit against the International Joint Commission.

State Attorney General Letitia James and Governor Andrew M. Cuomo last filed an expanded lawsuit against the IJC for failing to implement its flood protocol. The state is seeking at least $50 million in damages.

The county isn’t joining the lawsuit, but is stating its support for the state’s legal action. The county has about 25 miles of shoreline in Yates, Carlton and Kendall and many of the homes have had their property eroded from the high waters.

“We need to send the message,” said Ken DeRoller, a county legislator from Kendall. “They aren’t letting enough water out early enough.”

DeRoller said he is concerned the lake is currently 15 inches higher than it was a year ago on this date. Ice jams in Montreal make it difficult to let out water, he said.

County Legislator Don Allport of Gaines cast the lone no vote on the resolution today. He called the lawsuit from the state, “a publicity stunt.”

“This is not a solution,” Allport said. “This is just taxpayer money being thrown around.”

County Legislator John DefIlipps, who has a home by the lake in Carlton, said the county should show its support of the lawsuit being pushed by the state.

“Anything we can do to get these lake levels down we should do,” he said.

The Legislature’s resolution said the high water in 2017 and 2019 “caused millions of dollars’ worth of damage to the infrastructure, roads, homes and businesses along the lake shore of Orleans County.”

Copies of the resolution will be forwarded to Governor Cuomo; Senator Rob Ortt; Assemblyman Steve Hawley; Assemblyman Mike Norris; Towns of Kendall, Yates and Carlton; and Niagara, Monroe, Wayne, Cayuga, Oswego, Jefferson and St. Lawrence counties.

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