By Tom Rivers, Editor Posted 15 March 2024 at 8:13 am
LOCKPORT – State Senate Republican Leader Rob Ortt will have a news conference today with highway leaders in Orleans and Niagara counties to express their concern over possible cuts in CHIPS funding from the state.
The governor’s budget proposed a $60 million decrease in CHIPS money for roads, bridges and culverts around the state.
Orleans County Commissioner of Public Works John Papponetti and Niagara County Commissioner of Public Works Garret Meal and several town highway superintendents from both counties will be at the news conference at 10 a.m. at the Town of Lockport Highway Garage.
Photo by Tom Rivers: The Orleans County Courthouse dome will illuminated in blue and yellow in this photo from March 18, 2022 in a show of support for the Ukrainian people who have been under attack since Russia invaded the country on Feb. 24.
Press Release, Orleans County Legislature
ALBION – The dome of the Orleans County Courthouse will be illuminated blue in memory of Genesee County Sheriff’s Sgt. Thomas Sanfratello, who died in the line of duty early Sunday morning during an incident at Batavia Downs.
“All of us mourn the death of Sgt. Sanfratello and this is our community’s way of recognizing his bravery and commitment to public safety during his 32 years of service,” said County Legislator Merle “Skip” Draper, Chairman of the Public Safety Committee.
The dome will be illuminated blue for one week, beginning tonight. Sgt. Sanfratello’s funeral will be held 11 a.m. Saturday at the Call Arena at Genesee Community College.
“We send our deepest condolences to his family and to all his fellow law enforcement officials, especially those in the Genesee County Sheriff’s Office, who are devastated by the loss of their colleague,” said Lynne Johnson, Chairman of the Orleans County Legislature.
Photos by Tom Rivers: The Orleans County Legislature last year bought the former Bank of America on South Main Street, pictured at left, to be used by the treasurer’s office. The county also bought the former GCC building to be used for probation and the district attorney’s office.
By Tom Rivers, Editor Posted 14 March 2024 at 12:16 pm
ALBION – The Albion Village Board is making a formal request to the Orleans County Legislature to make up the loss in property taxes for the village after the county acquired three properties in the village last year.
The board on Wednesday evening passed a resolution, calling on the County Legislature to make up the loss of at least $11,000 in property tax revenue for the village through a PILOT (payment in lieu of taxes).
The properties won’t come off the tax rolls until next spring when the village sends out its tax bills.
In September the County Legislature approved spending $250,000 for the former Bank of America site at 156 S. Main St. It will become the treasurer’s office. That building has a drive-through and is more easily accessible than the current office on East Park Street, county officials said.
The bank is assessed for $125,000, which accounted for $2,391.25 in village taxes in 2023-24, with a village tax rate of $19.13 per $1,000 of assessed property.
The county in October approved buying the former GCC building at 456 West Ave. Orleans paid $975,000 for the building owned by Herring Enterprises of Holley. The county intends to move the district attorney’s office and probation department from the Public Safety Building to the GCC site. The Public Safety Building will be reconfigured with more space to be used by the Sheriff’s Office.
The GCC site is assessed for $450,000. That building generated $8,608.50 in village property taxes in 2023-24 with the village tax rate at $19.13 per $1,000 of assessed property.
The Legislature also agreed to pay James Herring Sr. $500,000 for 25.7 acres of vacant land adjacent to the site with a lot off Allen Road. That vacant land is assessed at $23,900.
The Village Board is asking for a PILOT agreement in perpetuity with 3.5 percent annual increases.
Mayor Angel Javier Jr. said he would like the resolution to the Legislature be part of a larger discussion about the county sharing revenues with the village.
The board didn’t state whether the PILOT should be based off the assessed value of the properties or the sale prices.
The board discussed whether the request to the county should be in a letter or a formal resolution. The board chose a resolution, “because a resolution is stronger than a letter,” said Deputy Mayor Joyce Riley.
Village officials found a similar resolution the board made more than a decade ago when the Albion school district bought farmland from Dragan Farms, taking some property off the village tax rolls. The school district declined to make up the loss in tax revenue to the village, Village Board members said on Wednesday.
ALBION – In recognition of National Sunshine Week, Orleans County Legislature Chairman Lynne Johnson reminded residents of some of the ways they can access information related to county government.
Sunshine Week is being celebrated this week, in concurrence with National Freedom of Information Day on March 16, to highlight the importance of open, transparent government.
“As a county Legislature, we pride ourselves in trying to make government open to our residents and encouraging their active participation,” Johnson said. “We also want to bring government to you through livestreaming our meetings and posting more information to social media.”
With that in mind, Johnson provided some useful links from Orleans County government.
Click here to file a Freedom of Information request.
Click here to access information about the Legislature, including agendas, meeting schedule, public hearing notices and a video archive of previous meetings.
Click here to learn more and sign up for TextMyGov, where you can report issues, receive county notifications and access other information.
“Technology has certainly opened up many paths for government to make information available to the public, but for those of us who prefer the traditional way to reach out, I remind you that you can contact any county department through our main phone number at 585-589-7000,” Johnson said.
By Tom Rivers, Editor Posted 7 March 2024 at 2:07 pm
‘The fight here is not over. We have several more paths to prevent Orleans County from becoming a dumping ground for STAMP sewer discharges.’
File photo by Tom Rivers: A sewer line is shown on Aug. 12 on Route 63 in the Town of Alabama. Genesee County Economic Development Center is trying to install the sewer main along 9.5 miles of Route 63 – from the STAMP site to Oak Orchard Creek. Construction was halted before the sewer line made it to Orleans after a lawsuit was filed.
ALBION – A State Supreme Court justice today dismissed a lawsuit and temporary injunction against construction of a nearly 10-mile-long sewer main from the STAMP manufacturing site in the Town of Alabama along Route 63 to the Oak orchard Creek in the Town of Shelby.
Judge Frank Caruso ruled in favor of the Genesee County Economic Development Center, which argued Orleans County had 23 chances to state its objection to the sewer main since 2016 but waited until construction started to voice its opposition.
Judge Caruso citing the legal argument of “laches,” where there is a lack of diligence in making a legal claim. Waiting until construction commenced on the project should be seen as an unreasonable delay, attorneys for GCEDC argued in court today.
The judge also ruled in favor of GCEDC due to a statue of limitations. He made his decision from the bench in court today, following about an hour of arguments in the main courtroom of the county courthouse. He will also issue a written decision.
Orleans County officials say the county will appeal the decision, and has other court options to try to halt the project.
“The fight here is not over,” said Alex Eaton, an attorney for the Orleans County Legislature. “We have several more paths to prevent Orleans County from becoming a dumping ground for STAMP sewer discharges.”
The county also has a lawsuit that will be heard in April about GCEDC using eminent domain to take easements in Orleans County. The attorneys for Orleans said another county’s IDA can’t do eminent domain in another county.
Orleans also supports the Tonawanda Seneca Nation in its litigation against several federal entities regarding permitting of the sewer pipeline.
“Orleans County leadership remains steadfast in our opposition to anything that puts Oak Orchard Creek in jeopardy,” Eaton, an attorney with Lippes Mathias, said in a statement released from the County Legislature. “The county and its residents rely on the creek for water, recreation and tourism, and that is why we will continue to protect the interests of our community. Again, while we are disappointed in today’s result, there is a long way to go before this issue is settled.”
Orleans County filed its lawsuit on Sept. 11, naming GCEDC, G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc.
Matthew J. Fitzgerald and James O’Connor of Phillips Lytle LLP appeared in court today on behalf of GCEDC. They contended the sewer main went through a rigorous environmental review of 9,200-plus pages and ultimately was approved by the state Department of Environmental Conservation, Army Corps of Engineers and U.S. Fish and Wildlife Service. Those agencies found no evidence of harm to Oak Orchard Creek or the community, the attorneys said.
The sewer main would allow businesses at the 1,250-acre STAMP to discharge treated sewer water into the Oak Orchard. At STAMP’s peak, the sewer main could discharge up to 6 million gallons a day in the Oak Orchard. The sewer main is imperative for economic development to move forward at the site.
“STAMP does not survive without somewhere to discharge the treated sanitary water,” Fitzgerald said in court today.
The 4-month statute of limitations passed after the Article 78 was filed by Orleans on Sept. 11, and the county failed to note other parties that would be hurt if the lawsuit was successful in halting the sewer main, Fitzgerald said.
Property owners paid for easements for the temporary construction could lose out on payments, he said. The Town of Alabama would miss out on 100,000 gallons of sewer capacity, and Niagara County Water District would miss out on selling water to the STAMP site. Orleans didn’t factor in those impacts in the lawsuit, Fitzgerald said.
The crux of the case, he said, was the contention that Orleans never gave its support for an economic development from another county. But he said Orleans officials were notified in 2016, 2020, 2021, 2022, and 2023 to voice any concerns over STAMP, and GCEDC serving as lead agency.
“The response was silence,” Fitzgerald said. “They slept on their rights for approximately eight years. They could have objected.”
STAMP has about $100 million in public funds committed to developing the site so far, with about $1 billion already spend or committed in private investment, he said.
Attorneys for Orleans contend that Genesee County used its money through its industrial development agency to fund the sewer main and pursue eminent domain in another county, powers that an IDA does not have.
Jennifer Persico, an attorney with Lippes Mathias representing Orleans, said the STAMP sewer project clearly used Genesee County funds to move the project into Orleans County.
The GCEDC attorneys said the project was funded through state grants and wasn’t actually GCEDC money.
The Town of Shelby also joined Orleans in the lawsuit. The Shelby attorney, Jeffrey Allen, said Shelby supports the Orleans County efforts to halt the pipeline before it gets into Orleans. He said there are many violations of general municipal law with the project.
Shelby gave its support for the project previously, but that was a statement considering the environmental impacts of the project, he said.
“The consent was not that they could run roughshod over the autonomy of Orleans County,” Allen said in court.
The case could be a landmark for the state, said Eaton, an attorney for Orleans County. The courts should protect smaller neighboring counties from being forced to take on negative impacts from another county’s economic development efforts, he said.
“This would be one of the biggest expansions of IDA power in New York State,” Eaton said.
By Tom Rivers, Editor Posted 7 March 2024 at 8:15 am
ALBION – Lawyer representing Orleans and Genesee counties will be in Albion today for a hearing in a lawsuit where Orleans is trying to block a sewer main from being built on Route 63 in Shelby.
Hearings have been cancelled or delayed the past few months. The hearing today will be at the Orleans County Courthouse before State Supreme Court Judge Frank Caruso.
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 states the sewer discharge 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.
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.
By Tom Rivers, Editor Posted 5 March 2024 at 10:41 am
Social welfare examiners need extra time to get caught up
ALBION – The Orleans County Legislature has authorized the Department of Social Services to allow some workers to come in on Saturdays from 9 a.m. to 1 p.m.
The office won’t be open to the public on Saturday, but the four hours will allow the short-staffed DSS more time to process often time-consuming applications, said Jack Welch, the county’s chief administrative officer.
The county currently has several vacancies among the social welfare examiners who process cash assistance and temporary housing cases. That has made it difficult to keep up with work during regular office hours.
These workers determine eligibility for cash assistance, temporary housing and other benefits. The temporary housing applications have seen a big increase with the rise in the homeless population, said Holli Nenni, the DSS commissioner.
The social welfare examiners are highly-skilled and knowledge-based, and determining the eligibility often is time-consuming with many referrals, she said.
The examiners check very stringent eligibility standards, Nenni said. The potential recipients are screened for drug use and a domestic violence history. The staff check employment. If the applicants aren’t working, the staff need medical information on why the applicants may be unable to work. There could be other factors why an applicant can’t work, too, requiring further assessment.
DSS has to meet deadlines from the state on how quickly cases can be determined, Nenni said.
“This is only temporary until we get caught up,” she said about the Saturday hours.
The current social welfare examiners won’t be mandated to work on Saturdays. The regular work weeks are 37.5 hours. They will get their regular hourly rate for 2.5 hours and then overtime for hours beyond 40 in a week.
Nenni said she appreciates the staff willing to come in for the four hours on Saturdays.
“It says a lot to their dedication to their clients and their job,” she said.
By Tom Rivers, Editor Posted 5 March 2024 at 7:56 am
ALBION – Orleans County is working to develop a 4-acre solar array on the south end of the Emergency Management Office property at 14074 West County House Rd.
The project would have a capacity for 500 kilowatts of power. It would be sold to National Grid.
The county is pushing for the project partly to maintain its good credit rating. That overall rating not only factors in financial data, but municipalities lose some standing if they don’t have a renewable energy project in their portfolio, said Jack Welch, the county’s chief administrative officer.
The county has been discussing the solar project for about two years, Welch said. The County Legislature has hired Wendel, LLC to apply for a utility interconnection with National Grid. The county also is working with GreenSpark, which is designing the solar farm and will do the construction.
The Legislature during last month’s meeting approved executing the documents for the interconnection and other permit application forms.
Legislator Don Allport, R-Gaines, opposed moving forward with the project, calling solar “dirty and inefficient power.” He said the nation is better served with a steady-producing power, not the “modulating and demodulating” power sources with solar and wind energy.
The project is part of a $1.3 million energy performance contract. Allport said the projected return on the solar investment was initially 15 years, but now could be 20 years.
By Ginny Kropf, correspondent Posted 29 February 2024 at 6:03 pm
Photo by Ginny Kropf: John Follman, left, treasurer of Lyndonville’s Houseman-Tanner American Legion Post, presents a check to David Kusmierczak, president of the Orleans County Joint Veterans’ Council, toward the purchase of their next van, while van service coordinator Phyllis Schrader looks on.
ALBION – As the Orleans County Joint Veterans’ Council gets ready to put a new van into service, donations are already being accepted for the next new one.
On Tuesday, the Houseman-Tanner American Legion Post in Lyndonville presented a check to David Kusmierczak, president of the Joint Veterans’ Council, toward the purchase of the much-needed van.
The check was presented by John Follman, treasurer of the Lyndonville Post, on behalf of post commander Steve Goodrich.
The van service, which provides free transportation for veterans to medical appointments, is coordinated by Phyllis Schrader, who said they are approved for five vans by the Buffalo Veterans’ Administration. The VA pays for all gas and repairs, but the local veterans’ agency must buy the vans.
Two of the five were ready to be replaced, with the last one, a 2010 with 109,000 miles, being out of service since last July.
All of the vans purchased are late-model and low-mileage, Schrader said.
The vans, driven by volunteers, will take veterans to medical appointments at any medical facility approved by the VA, mostly to Batavia, Buffalo, Rochester and Canandaigua.
Volunteer drivers are always needed, Schrader said.
The County Legislature in August approved spending $9,045 from its contingency fund to buy 25,000 eclipse glasses with the Orleans County tourism logo.
Posted 28 February 2024 at 4:32 pm
Press Release, Orleans County Tourism Department
ALBION – The Orleans County Department of Tourism today announced that the county will be making solar eclipse glasses available to the public at no charge, beginning this Friday.
The county has 25,000 solar eclipse glasses to distribute. The solar eclipse will pass over Orleans County on April 8.
Orleans County Tourism expects an influx of visitors on April 8.
“I know many residents are looking forward to the total solar eclipse and we want to make sure our residents can view this extraordinary event safely,” said Dawn Borchert, director of Orleans County Tourism. “We have locations for distribution spread across the county, so I encourage those interested in getting glasses to do so while supplies last.”
Borchert said the distribution of the glasses will be done through the county’s four libraries located in Medina, Albion, Lyndonville and Holley along with the Kendall Town Hall during normal business hours.
These are Orleans County-branded eclipse glasses that are ISO certified and are safe for direct solar viewing of the eclipse.
Families can visit these locations and pick up glasses for the number of family members they have in their households.
The partial eclipse will happen on Monday, April 8th, and will start at 2:06 p.m. in our area and will last until 4:34 p.m. The total eclipse prime viewing time will be from 3:19 to 3:23 p.m.
“Dawn Borchert and her team have been promoting this for the last year and have information available for both residents and visitors on the different events that will be taking place throughout the weekend leading up to the eclipse,” said Lynne Johnson, Chairman of the Orleans County Legislature. “The Legislature is very appreciative of our tourism department’s efforts, including organizing the distribution of the eclipse glasses.”
For more information on the eclipse in Orleans County, click here.
‘These grants are particularly focused on post-prom and graduation activities that provide students with a place to go where they can have fun without the presence of any alcohol or drugs.’
Press Release, Orleans County Youth Bureau
ALBION – The Orleans County Youth Bureau, on behalf of Orleans County STOP-DWI, today announced it is accepting applications for funding in support of safe and structured school activities in alcohol-and drug-free environments.
Any student or school personnel from an Orleans County school district can submit an application.
“These grants are particularly focused on post-prom and graduation activities that provide students with a place to go where they can have fun without the presence of any alcohol or drugs,” said Jack Welch, chief administrative office of Orleans County. “Grants can be used in support of things like hiring a DJ, renting a speaker system or purchasing supplies to create an entertaining event. Our goal is to promote a safe and healthy prom and graduation season.”
Grant awards will be based on availability of funds and school districts can only receive one grant per year. All grant applications are due by March 29.
Applications will be reviewed by a committee comprised of community members. Awardees will be notified by the middle of April. A copy of the application can be found by clicking here. Those with questions can email the Youth Bureau at OrleansCountyYouthBureau@OrleanscountyNY.gov.
File photo by Tom Rivers: Albion firefighters, including Steven Papponetti in front and Fred Piano in back, try to locate a man who went into cold water after his dog in a former quarry in Murray on April 23, 2021. Firefighters from several local departments scoured the quarry waters for the man, who was found after drowning.
By Tom Rivers, Editor Posted 22 February 2024 at 9:51 am
ALBION – The Orleans County Legislature has authorized the county’s director of emergency management to form a countywide technical rescue team.
Justin Niederhofer, emergency management director, said the team will include firefighters from multiple departments in the county who will be trained together and will practice on the different rescue equipment among departments.
Niederhofer said the new team will be trained for highly technical rescues, such as rope rescues, grain entrapment and water rescues.
The move to a countywide team is in response to a declining number of volunteers at many of the departments, Niederhofer said at Tuesday’s Legislature meeting.
Carlton, Clarendon, Medina, Murray and Shelby fire departments each have equipment for technical rescues. Firefighters from those departments, as well as other departments without that equipment, will have an opportunity to be trained to be on the technical rescue team.
Not all departments with rescue equipment have the same gear. The team will train on each department’s equipment to be familiar with the ropes, harnesses and other tools. Some departments also have grain rescue equipment which includes steel plates and an augur. The team members will also have wet suits for going into the water.
Niederhofer said firefighters deploy rope rescues when people are stuck down ravines and embankments.
The formation of the team will also increase the chances for grant funding for equipment and training, Niederhofer said.
By Tom Rivers, Editor Posted 21 February 2024 at 8:01 am
File photo by Tom Rivers: The county will replace its fuel farm on West Academy Street in Albion, a facility constructed in 1993 and operating at 50 percent capacity due to deterioration.
ALBION – Orleans County legislators agreed on Tuesday to a $900,000 construction bid to replace the fuel farm on West Academy Street.
The site is used by the county fleet of vehicles, and other municipalities and not-for-profit agencies.
The fuel farm was built in 1993 but is currently at 50 percent capacity due to deterioration of various components of the system, legislators said.
The Legislature approved a bid from The Pump Doctor in Eden to demolish the current fueling system and install a new station at a cost not to exceed $900,000.
The fuel farm in 2022 was used for 161,700 gallons of unleaded gas and 95,720 gallons of diesel. County vehicles used 64,500 gallons of unleaded and 22,570 of diesel while other agencies used 97,200 gallons of unleaded and 73,150 gallons of diesel, according to a 2022 report on user data.
The county users include the DPW, Sheriff’s Office, Major Felony Crime Task Force, Animal Control, Emergency management Office, Public Health, Office for the Aging and Probation Department.
The outside agencies and other municipalities include Albion Central School, Town of Albion, Village of Albion, Community Action, Ministry of Concern, ARC, Mental Health Association, Mercy EMS, Soil & Water, RTS, Town of Carlton, Murray Joint Fire District, as well as being an emergency stop for various towns.
The users all pay the same price for the fuel. There is a fee that goes towards maintenance of the system, said Jack Welch, the county chief administrative officer.
It will take 12-16 weeks for the equipment to be fabricated and available for the delivery, he said.
“We hope the new system will be operational in August, prior to the start of the new school year,” Welch said.
Welch said the county did an analysis of the pros and cons of an in-house fuel farm vs. a WEX program where municipalities and not-for-profits can buy fuel at a retail store without taxes.
“When the analysis went beyond the dollars and cents and looked at the size of the vehicles, school buses, fire trucks and ten wheelers,” Welch said. “We discussed the idea of the WEX program with the owners of Crosby’s, our largest chain of gas stations. We also considered how the change could impact the retail customers of fuel stations in a positive or negative manner.”
County Legislator Fred Miller said the larger vehicles such as school buses don’t fit at some of the local gas stations, and he was concerned without the fuel farm there would be longer waits at the local gas stations with municipal vehicles filling up.
Editor’s Note: This article was updated from the original version to include more data and comments from county officials.
By Tom Rivers, Editor Posted 20 February 2024 at 10:27 pm
Photo by Tom Rivers
ALBION – The Orleans County Legislature has declared March as “Developmental Disabilities Awareness Month.” County Legislator Don Allport presents a proclamation to Arc GLOW CEO Martin Miskell.
Others pictured include, from left: Arc board members Marlene Hill, Ken Barchet (board assistant treasurer) and Joe Barchet, and Lisa Bors, public relations director.
The former Arc of Genesee Orleans and Arc of Livingston-Wyoming merged in 2021 following 18 months of planning to form the new Arc GLOW. This is the first four-county chapter of The Arc New York. This follows the merger in 2016 of the former Arc of Orleans and Genesee Arc.
In Orleans County, Arc GLOW has three homes for individuals with disabilities, operates Orleans Enterprises Work Center in Albion, day habilitation programs, Meals on Wheels/Nutrifare in Albion and Camp Rainbow in Ridgeway. Several programs and departments also share space with the finance department on Caroline Street in Albion, Arc GLOW officials said.
By Tom Rivers, Editor Posted 20 February 2024 at 9:16 pm
Photos by Tom Rivers
ALBION – Michael Christopher, center, accepts a special recognition award this afternoon from County Legislator Skip Draper, right, and Sheriff Chris Bourke.
Christopher is retiring after a career as a corrections officer at the county jail. Christopher started in 1992 as a part-time correction officer and became full-time in 1994. He worked his way up through the ranks and was promoted in 2011 to correction sergeant, in 2016 to sergeant first class, and in 2020 he achieved the rank of lieutenant.
Christopher has taken on multiple job assignments within the jail including Incarcerated Individual Disciplinary Coordinator, Classification Coordinator, Livescan Coordinator, Fire Safety Coordinator, and Municipal Police Training Council Certified Instructor. He also served on the Orleans County Safety Board for several years.
“I appreciate Orleans County for hiring me and having faith in me and moving me up in the ranks,” Christopher told county legislators. He is known among his co-workers as “Cadillac.”
Mike Christopher accepts the special recognition award from Legislator Skip Draper. Joining Christopher are his colleagues from left: Sgt. Dawn Basinait, Sheriff Chris Bourke, Jail Superintendent Scott Wilson and Sgt. Chris Shabazz.