Jeff Smith also says revenue for farm should keep orchard in family for years to come

Photos by Tom Rivers: Jeff Smith, the Shelby town supervisor and owner of Ledge Rock Farms, is pictured at the farm with some of the bins on Wednesday. Smith has retired from active operation of the farm on Route 63 but he wants to keep the land in the family.

SHELBY – Jeff Smith, like many farmers in Orleans County, has a stack of solicitation offers from solar and wind energy companies looking to use his land for projects.

Smith never really considered solar. The panels would take up too much of his 100-acre orchard.

He also didn’t want several turbines scattered on the property.

He was intrigued by a proposal from Borrego Energy. The company, after initially wanting to construct four wind turbines on Smith family property, would like to put up two – one in an orchard owned by Jeff and his wife Char and their three grown children, and the other next door on land owned by Smith’s two sisters.

The project, when complete, would take up a half-acre and have the capacity to generate 8.4 megawatts of power.

The two turbines have been a contentious issue at recent Shelby Town Board meetings. Many residents say the two turbines, peaking at 633 feet high, would dramatically change the landscape, and nearby residents would suffer from shadow flicker, infrasound and possible impact to property values. Residents also are concerned the turbines could be destructive to birds and other wildlife.

Smith has recused himself from any voting and formal discussions about the project in board meetings.

Borrego Energy is planning for one of the two turbines near this deer fence about 2,000 feet from Route 63. In the background in this photo is Roberts Farm Market on Maple Ridge Road.

Speaking to the Orleans Hub on Wednesday, Smith said the family wouldn’t have been open to leasing land to Borrego without financial benefits to the community and without the power being available locally at a discount. Borrego said residents and businesses who sign up for a community wind program can get the electricity at a rate less than non-renewable energy providers.

“I feel very strongly we have to start doing something about our energy situation,” Smith said. “These things aren’t perfect but they are getting better. When Kennedy said we’re going to the moon, they didn’t roll out a rocket the next day.”

The taller turbines generate more power, so fewer of them are needed, Smith said.

The 75 wind turbines in the High Sheldon project in Wyoming County peak at about 400 feet, and they each have a capacity for 1.5 megawatts, about the third of the power that is proposed for the two turbines in Shelby.

The Smith family has been farming in Shelby since 1898. Jeff Smith said the revenue from the turbines should keep the land agriculture and in Smith control for years to come.

The farm along Route 63, just south of the Village of Medina, has been in the Smith family since 1898. Smith is the fourth generation to work the farm.

He said it is a challenging business, especially at 100 acres, which is a smaller orchard in today’s farm economics. Many years there are razor-thin margins, Smith said.

At 68, he opted to lease out the land this year to another fruit grower, Toussaint Farms in Ridgeway. Smith said he wanted less stress in his life and he knows Toussaint will do a good job with the Smith acreage.

Smith and his family have made big changes to the farm over the years. Cherries used to be the dominant crop on the farm but that changed when the tart cherry market dried up. Those trees were removed. Smith in the past 20 years has gradually shifted to a high-density orchard, with smaller apple trees supported in a trellis system.

It’s a lot of work planting and managing those trees – and expensive. Smith said he has tried to replace about 5 percent of the trees or 5 acres each year, at a cost of $20,000 per acre. The high-density orchards have 1,500 trees per acre with posts and wire.

The Smiths have had to sell off land before to keep the farm going. In another financial pinch, Smith worked as a teacher starting at age 46 and did that for 10 years as a middle school technology teacher in Medina from 2001 to 2011.

The revenue for two wind turbines gives the farm more security for the future, to help ensure the land stays farmland and in the family’s control.

Smith attended the Sept. 13 Town Board meeting, where several speakers opposed the turbines being so close to the village and altering the landscape in a dramatic way. Smith watched the meeting from a chair from the side of the room, away from the other Town Board members.

Smith, speaking on Wednesday, said he took issue with speakers who implied the board was “too dumb” and wasn’t qualified to review the environmental impacts of the project.

Smith said the board members have different backgrounds, and often disagree. They have an engineer and land use attorney to assist the town in reviewing the project.

Ryan Wilkins, the deputy town supervisor, said Smith has stayed out of conversations at the town hall about the project.

Jeff Smith said farming is challenging to keep viable, especially with a 100-acre orchard, which is smaller than most fruit operations these days. Smith left farming full-time from age 46 to 56 and worked as teacher, while trying to keep the farm going. Now at 68 he has retired from the farm’s active operation and leases the land to Toussaint Farms.

Smith joined the Town Board in April 2018. He was appointed councilman, filling a vacancy after the death of long-time councilman, Dale Stalker, in December 2017. About six months later he was appointed by the other board members to be town supervisor following the resignation of Ed Houseknecht on May 31, 2018. Smith was appointed on June 9, 2018.

Wilkins credits Smith for stepping up to be town supervisor when no other board members were willing to take on the job.

Smith said he hasn’t tried to steer a project to his family’s property in an improper role as a town official.

“It hurts that people think I’m trying to line my own pocket,” he said.

Smith said he was receiving many solicitations from wind and solar companies around the time he joined the board. He knows many other farmers in the county also have been inundated with similar requests.

Smith’s property is a near a three-phase electrical line, which is desirable for companies as a transmission line. The Smith land is also at a slight hill. He knows from his years of spraying the orchards that it’s breezy with gusts at the property.

“The wind always blows at our place,” he said.

He said he signed a letter of intent with Borrego in September 2019. In January 2020, there was a public hearing about a meteorological tower on his land. That 200-foot-high met tower was up about 18 months. It was removed in February 2022.

Wilkins said he looked through town minutes and there have been 13 meetings and three public hearings about the turbines and met tower.

“People say they feel this is something new and is being shoved down their throats,” he said. “But it’s been talked about and discussed.”

The minutes from prior meetings are available on the town website. Shelby also has been broadcasting its meetings live through YouTube. It started that in the early days of the Covid pandemic.

Wilkins, as deputy town supervisor, has been running the meetings when the turbines are discussed.

He said the board continues to gather information. It will discuss the environmental impact statement during the next meeting at 7 p.m. on Oct. 11. He said the board isn’t in a rush to make a decision on that study, and the review of a site plan and whether Borrego will get a special use permit for the project.

“We’re not trying to sneak anything through,” Wilkins said. “We’re trying to get as much information as possible to make the best decision for the town.”

The spot in the orchard of Rome apples is the second of two turbines. Jeff Smith steered Borrego from more valuable apples in the orchard, such as Honeycrisp. The Rome apples are used by a processor in Quebec.

Shelby also would need to give the turbines a height variance. The town code caps the height at 500 feet. Wilkins said that regulation was enacted before the new generation of wind turbines at over 600 feet high.

Wilkins said the big benefit in the larger turbines is that fewer of them are needed. The two turbines proposed for Shelby would generate 8.4 megawatts. It would take six turbines from 10 years ago, at a 1.5 megawatt capacity, to be close to on par with the electricity from the taller turbines.

“The way they are going now is bigger and more efficient turbines , which take up less space,” Wilkins said.

He doesn’t expect Borrego will pursue more than two turbines because he said that electricity, along with an existing solar project in Ridgeway by Allis and Beals roads, would nearly maximize the capacity of a substation on Bates Road.

The town is in the early stages of talking with Borrego about a host community benefit package. Wilkins said he wants to use the numbers approved for Barre as a starting point in the discussion.

Apex Clean Energy agreed to $9,000 per megawatt for the local governments for the 184.8 megawatt Heritage Wind project in Barre.

The town gets $6,750 per megawatt annually as part of the deal with Apex or $1,247,400. With the PILOT, the county and Albion and Oakfield-Alabama school districts share $2,250 per megawatt or $415,800.

With those numbers, Shelby would get $56,700 annually ($6,750 multiplied by 8.4) with the Medina school district and the county sharing $18,900 annually ($2,250 multiplied by 8.4) in a PILOT.

Wilkins said other concessions could also be negotiated as part of a host community benefits package.

But he stressed those negotiations are just getting started.

“There are no numbers yet,” Wilkins said.

Shadow flicker, noise and impact on birds among concerns

Photos by Tom Rivers: Shelby residents Brian McCarty and Karen Jones spoke against two wind turbines that would peak at 633 feet along Route 63, south of the village of Medina. Jones said the town needs to do more rigorous environmental impact studies.

SHELBY – The Town Board heard from several residents that they don’t think an orchard on Route 63, just south of the Village of Medina, is a good spot for two wind turbines that would peak at 633 feet.

The turbines proposed by Borrego Solar System Inc. would alter the landscape visually, and also potentially harm residents with shadow flicker, noise, lower property values and other impacts, residents said. They also worry the turbines are in a major migratory bird path.

The Town Board was asked to hold off on approving an environmental impact assessment of the project until a more detailed analysis can be done. The board started going through that assessment on Tuesday night but tabled it after the meeting went on for three hours and neared 10 p.m.

Ryan Wilkins, the deputy town supervisor, said the town is going through the process and no decision has been made.

“We are going to get all the information we can and make the decision after that,” he said.

In the environmental assessment that will be reviewed by the town, Shelby officials will identify if there are any issues that warrant more study or information.

The board already said it wants more information on a water runoff plan and mitigation strategies. It wants to know how the towers would be anchored into the ground.

Dan Koneski said the two turbines are too big to be so close to the village and many other residential properties.

The assessment considers the project’s impact on the land, geological features, surface water, groundwater, flooding, air, plants and animals, agricultural resources, aesthetic resources, historic and archeological resources, open space and recreation, critical environmental areas, transportation, energy, noise, odor and light, human health, community plans and community character.

Shelby resident Wendi Pencille said the Town Board isn’t qualified to make those determinations, especially with the potential harm to human health. The shadow flicker, noise and vibrations can disrupt sleep, cognitive function and could lead to debilitating headaches and depression.

Sherman Gittens, the town engineer from the MRB Group, goes over the environmental impact assessment. That process will continue. “This is a continuing review,” he said.

Pencille said she doesn’t oppose wind energy but said the location of Route 63, on land owned by the Smith family, is not a good spot. (Town Supervisor Jeff Smith has recused himself from voting and discussions about the project because his family owns the land.)

“There are places where wind turbines will do less damage,” she said.

Resident Barbara Hoffman said the turbines would be an eyesore. She also fears the two turbines will lead to more turbines in the town and around the county. She said solar panels would be a better option for the land.

Resident Alana Koneski said the turbines at nearly 650 feet high are way out of scale, especially in populated areas near the village and Maple Ridge Road.

“Please consider all the neighbors out here,” she said.

Dan Koneski said the turbines in Wyoming county are about 400 feet high. The ones proposed for Shelby would be among the tallest in the country. He called the turbines “a nuisance.”

“You won’t be able to hear the deer with the swoosh, swoosh, swoosh all day long,” he said.

Jim Heminway, another resident, said the town has done a poor job of notifying the public about the proposed project. He compared that to when the Village of Medina had a vote to dissolve the village government in January 2015. In that case, the town paid for mailers and advertisements, urging people to oppose dissolution. The issue was voted down, 949 to 527.

Jim Heminway said the town hasn’t done enough to make people aware of the project.

“Many residents are not aware of this project and it impacts a lot of people,” Heminway said. “There is nothing built like it in New York State.”

Resident Karen Jones asked the town for a six-month moratorium on the environmental assessment to allow residents and experts more time to review the potential impacts.

She is concerned about the turbines’ impact on birds and wildlife, the shadow flicker for nearby residents,

She questioned the accuracy of Borrego’s report that put the flicker impact at 19 hours over a full year. She believes it will be longer.

Jones also said the turbines are close to the Shelby Earthworks, an ancient Indian Fort on Salt Works Road in Medina. The environmental assessment doesn’t mention this site in the report.

“I ask for a moratorium,” she said. “It is a moral imperative.”

Resident Craig Stalker faulted the Town Board for trying to fast track the project with little public input.

“This is a horrible location (for turbines),” he said. “It’s near a historic village on the main route to and from town.”

Linda Limina also asked for a six-month moratorium to give residents and the town officials more time “to educate themselves and be more aware of the project.”

Mike Zelazny doesn’t want to see good farmland lost to turbines and solar panels.

Resident Brian McCarty said it was “an absolute betrayal of trust” to consider the project in that area.

Anne Smith of Lakeshore Road in Yates has opposed a turbine project in Yates and Somerset. She said the two in Shelby is a different approach from wind energy companies. Rather than propose a larger project with 30 or more turbines, Borrego is going for two in Shelby. She sees that as a way to avoid a more through environmental study from the state. If Borrego is successful, she expects more developers will put up turbine projects, two or four a time.

“Those two turbines will develop into 2, 4, 6, 8 – 30,” she said. “The whole of Orleans County will be covered in wind turbines.”

She urged Shelby officials to do a survey of the town residents and property owners, gauging their opinions on the matter. She said Yates did three community surveys.

Mike Zelazny said he is concerned about the long-term effect not only of the turbines, but solar panels and batteries. He wonders how the units and equipment will be disposed. The projects seem to be targeted to rural communities.

“There are better places for it rather than residential communities and good farmland,” Zelazny said.

Benefit planned at fire hall on Aug. 13 for Joe Newton

Photo by Ginny Kropf: Ayriel George has issued an update on the condition of her father, Joe Newton of Medina, who remains in a rehab facility in Ohio. She holds a flyer promoting a benefit in his honor Aug. 13 at East Shelby Fire Hall.

EAST SHELBY – An East Shelby firefighter remains in rehab at a facility in Ohio, while support continues to grow for a fundraiser for the family, according to his daughter Ayriel George.

Joe Newton was hospitalized in March with necrotizing fasciitis, a flesh eating bacteria, which caused damage to all his organs. He underwent several surgical procedures and ended up on a ventilator. He was eventually transferred to a facility in Erie, Pa., the only one available which took patients on a ventilator, then was transferred to Andover, Ohio for further rehab, where he remains today.

He was close to being removed from the ventilator two weeks ago, until he had to be hospitalized for little more than a week when his wound became infected again. George said they have figured out the right antibiotic for him and are now working with him again to regain the momentum he lost while in the hospital. In an effort to get him off the ventilator.

George said she, her mother and her two boys visited him a few weeks ago.

“It was the first time my boys had seen their grandpa in more than four months, and I think they were a good dose of medicine for him,” George said.

George also shared an update on the benefit planned for him from 10 a.m. to 2 p.m. Aug. 13 at the East Shelby Fire Hall. Support for the event has been incredible, according to George.

Several large items have been donated for the raffle, including a patio set with a fire pit, a cooler filled with liquor, a griddle grill with accessories, a lottery tree and a television.

Anyone wishing to donate a basket can drop them off at the fire hall the day before the event between 10 a.m. and 5 p.m. Coffee and donuts will be served in the morning of the fundraiser and hot dogs and chips will be available during the afternoon.

ALBION – The Orleans County Planning Board on Thursday voted in favor of two 633-foot-high turbines in Shelby.

Borrego Solar System Inc. is proposing the two turbines on South Gravel Road in an apple orchard owned by the Smith family. Town Supervisor Jeff Smith recently retired as an apple grower. His family’s property is proposed for the two turbines. He is recusing himself from any votes or official discussion about the project.

The County Planning Board recommended that Shelby approve a special use permit for the project and also OK the site plan.

The two turbines would each have a capacity to generate 5 megawatts of power. The turbines would disturb 11 acres of land. The turbines would peak at 633 feet in height, and that is from the ground to the top tip of the blade. The ground to the main hub is 363.7 feet with the blades at a total diameter of 479 feet. Because of the height of the turbines, they will need to be lighted for Federal Aviation Administration standards.

The project includes a 20-foot wide access road, and that road will need to cross a stream. A battery storage system isn’t part of the project.

Borrego, the project developer, plans to keep existing trees around the edge of the property to act as a noise and visual buffer. Borrego presented visual studies that show the turbines would be very prominent on Route 63, and also would be visible from the Oak Orchard Elementary School and Glenwood Avenue canal bridge near Main Street.

A shadow flicker study was conducted at 166 locations. Borrego said the maximum light flicker will be 19 hours, 34 minutes a year, or just over 3 minutes a day on average.

Borrego in a noise analysis report said the sound decibels will range from 28 to 43 dBA, which falls within the sound category for quiet rural nighttime to small town residence.

The County Planning Board recommended that Shelby submit the proposal to the U.S. Department of Interior for its review about whether the turbines pose a risk to migratory birds and bats. The project would be close to the Iroquois National Wildlife Refuge.

County planning officials said construction of the project would result in some traffic delays when the long blades are being delivered. Once the project is constructed, there will be minimal traffic to the site, planners said.

Photos by Tom Rivers

EAST SHELBY – Evan Manson, 8, of Clarence aims a sling shot with a gumball at a target of Goliath. It was one of many activities today during Old Tyme Day at the East Shelby Community Bible Church.

The Goliath target made many pings throughout the day as it was pelted by gumballs.

Rose Baker serves hot dogs for only a penny. The church expected to go through 2,400 hot dogs on the day. They were already at about 2,000 served at 3 o’clock with two more hours to go.

The pie stand was a busy place. The church prepared 300 pies for the big day.

Norm Atwater of Barker brought a team of horses for carriage rides.

Ellen Eaton serves cups of lemonade and iced tea on a hot day. About 2,000 people usually attend the event.

Erik Olsen, the church pastor at right, leads the choir in singing church songs, including the spiritual, “Wade in the Water.”

Becca Nigro, left, leads this group in making corn husk dolls. She is joined by Susanne Keryk (second from left), and Brittany Dix, right, and her daughter Lilah.

The church created the hamlet of West Jackson Corners, across from the church. Among the many buildings included a general store.

Charlie Silvernail serves as the honorary mayor of West Jackson Corners. He also dispensed advice and words of wisdom. Sid Eick is in back doing a woodworking exhibition.

Press Release, NYS Canal Corp.

SHELBY – The New York State Canal Corporation today announced a seepage mitigation project along the Erie Canal in the town of Shelby, Orleans County will begin the week of July 18,.

The Canal Corporation and its contractor will be pumping grout into the canal’s southern embankment near the Jeddo Creek culvert to mitigate water that is seeping through the embankment at this location.

Throughout the duration of the project, residents will notice contractors, wearing hard hats and high-visibility vests, as well as heavy equipment operating at and near the construction site.

The seep being mitigated through this project is one of more than 200 known seeps on canal earthen embankments, which comprise approximately 125-miles of the Canal system. The Canal Corporation continuously monitors and inspects these earthen dams on foot via daily monitoring with our staff, as well as using advanced technologies like drones and thermal imaging.

The work being performed along the Erie Canal in Shelby has been reviewed under a project specific State Environmental Quality Review (SEQR) evaluation and is not part of the Canal Corporation’s proposed Earthen Embankment Integrity Program.

It is anticipated that this work will be completed in approximately one week and will not impact the Empire State Trail.

The Canal Corporation appreciates the public’s patience while this work is completed.

EAST SHELBY – Joe Newton has been an active member of the East Shelby Volunteer Company for 35 years, where he has always been ready to help any way he can.

Joe Newton

Now the fire company and Newton’s family and friends are stepping up to help him.

After not feeling well for some time, Newton was rushed to Rochester General Hospital on March 5, where he underwent emergency surgery for necrotizing fasciitis, a flesh-eating infection.

During the first week in Rochester, Newton underwent surgery daily to remove the dead tissue, in hopes it would stop spreading. Although they caught it just in time, he is now left with several damaged organs, said his daughter Ayriel George. His kidneys, bladder and bowels have all been affected, leaving him to rely on medical devices to survive.

He has had six blood transfusions and now has a tracheostomy, a catheter, is on a ventilator and had to undergo a colostomy. He was on a feeding tube, which doctors were recently able to remove.

When Newton was able to leave Rochester General, he was transferred to a rehab facility in Erie, Pa., the only facility in the region who can care for patients in that condition on a ventilator. The family was told he would most likely be moved to a facility in Ohio to continue his rehab. And now George has reported her dad has been moved to Andover, Ohio.

All this is creating a monetary hardship on the family, and moving him further away to Ohio will just increase their challenge.

That’s when George got the idea to have a basket raffle, and the fire company agreed to let them use the fire hall. The benefit is scheduled from 10 a.m. to 2 p.m. Aug. 13.

Provided photo: Ayriel George holds a poster promoting a fundraiser for her father, Joe Newton, who has been hospitalized since March with an infection. A basket raffle is planned for Aug. 13 at East Shelby Fire Hall, where Newton has been a member for 35 years.

Newton has been a member of the East Shelby Volunteer Fire Company for 35 years, said Dave Green, a longtime member.

“Joe has been assistant chief and is currently vice president,” Green said. “He is always willing to help at any of our events and he loved to come and play cards.”

Green said Newton’s late twin brother Jim and their father were also longtime members of the fire company.

Joe has been a lifelong farmer, first working for his father Rich Newton Sr. and then for Alvin Smith. Joe, 64, retired in 2018 when Smith stopped farming.

George said her dad still has a long road ahead of him from being in a hospital bed and unable to walk, talk or eat for four months. He will also need several series of skin grafts to fully close the wound caused by the large amount of flesh the necrotizing fasciitis took.

Newton’s wife Elaine had been by his side until he was moved to Erie, and then she has had to stay home to go to work at the Arc.

“As you can imagine, they have a huge financial burden, from medical bills, gas and travel expenses and time Mom has had to take off work,” George said.

George said everyone is generously supporting the basket raffle. She already has a grill and fire pit donated. There will also be a 50/50 drawing and food and refreshments will be available to purchase.

Anyone wishing to help in any way – with a basket, an item to be raffled or cash donation can call or text George at (585) 813-9506.

Photo by Tom Rivers: Firefighters are on the roof at 10307 Freeman Rd., trying to ventilate a house filled with smoke on Tuesday afternoon.

SHELBY – The Orleans County Sheriff’s Office has identified the victim of a fire on Tuesday afternoon in Shelby.

Michael Cherry, 22, was found dead in the upstairs of the house he shared with his father, aunt, uncle and brother, said Chief Deputy Rob Reimer of the Orleans County Sheriff’s Office.

Cherry was disabled and sometimes used a wheelchair and a cane. He was in his bedroom upstairs, Reimer said.

Firefighters were dispatched to 10307 Freeman Rd. at about 3:45 p.m. The fire started in the kitchen and was caused by cooking in close proximity to combustible items, said Justin Niederhofer, deputy director of the Orleans County Emergency Management Office.

Michael’s brother Daniel suffered smoke inhalation and other serious injuries. He was taken by Mercy Flight helicopter to the Erie County Medical Center. He attempted to help his brother get out of the house, Reimer said.

Photos by Tom Rivers

SHELBY – Firefighters cut into the roof of a house on Freeman Road in Shelby this afternoon, trying to vent smoke from the structure.

One person died in the fire and another was transported to the Erie County Medical Center by Mercy Flight helicopter. Two other people also were able to safely make it out of the house.

The Mercy Flight helicopter came from Olean to make the transport to ECMC.

Firefighters were dispatched to 10307 Freeman Rd. at about 3:45 p.m. Shelby Fire Chief Jason Watts said it appears the fire started in the kitchen.

Orleans County fire investigators as well as staff with the state Office of Fire Prevention and Control will work to determine the cause of the fire.

More information is expected to be released later by the Orleans County Sheriff’s Office.

Shelby was assisted at the scene by firefighters from Medina, East Shelby and Ridgeway.

This is the first fatality in a fire in Shelby since 1978.