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McMurray opposes delayed sentencing for Collins

By Howard B. Owens

Press release:

Today, NY-27th congressional candidate Nate McMurray voiced his opposition to a delayed sentence and potential pardon for former GOP Representative Chris Collins.

Yesterday, a federal judge granted a two-month delay for the prison surrender of Collins, who in January was sentenced to serve 26 months in prison for conspiracy to commit securities fraud and lying to the FBI. Collins’ lawyers argued that he has a high risk of contracting the coronavirus.

“No average citizen would be allowed this preferential treatment over and over again," McMurray said. "Collins’ high-priced lawyers bought him another two months of freedom. Chris Collins broke the law numerous times and disgraced Western New York and he has left this region without a leader during an unprecedented crisis.

“Collins’ legal team is attempting to seek a pardon for after the June 23rd election. My opponents Chris Jacobs, Stefan Mychajliw and Beth Parlato must stand up and say this is wrong. All three of them were either silent when Chris Collins ran or openly campaigned for him. Such behavior has to end now.”

Cuomo releases key points of state budget

By Howard B. Owens

Press release:

Governor Andrew M. Cuomo today announced highlights of the FY2021 Enacted Budget, which advances the Governor's Making Progress Happen agenda. The budget is balanced, includes no new taxes, continues to phase in tax cuts for the middle class, enacts the strongest Paid Sick Leave program in the nation, and advances other progressive priorities including the legalization of gestational surrogacy.

The Budget also enacts the "Josef Neumann Hate Crimes Domestic Terrorism Act" — named in memory of the Monsey stabbing victim who passed away this past Monday — defining hate-fueled murder with the intent to cause mass casualties as an act of domestic terrorism with penalties equivalent to other acts of terrorism.

The Budget closes a loophole to prohibit individuals who commit serious offenses in other states from obtaining a gun license in New York. It also allows judges to ban high-risk sexual offenders and those who assault MTA employees from accessing the MTA subway, bus and rail systems.

The Budget promotes public health by banning the sale of flavored e-cigarettes and capping insulin co-payments at $100 per month.

The Budget also prohibits gender-based pricing discrimination by eliminating the "pink tax."

The enacted budget will also permanently ban hydrofracking in state law to ensure we protect our natural resources.

The budget also authorizes a reduction in spending by $10 billion to account for the economic impact of the COVID-19 pandemic.

"This is a moment in history unlike any other, and government needs to function and deliver results for the people of this state now more than ever — and that's exactly what we did with this budget," Governor Cuomo said. "That the legislature and the Executive got this budget done with all of these policy initiatives is an extraordinary feat, and I praise Speaker Heastie, Leader Stewart-Cousins and every member of the legislature.

"It would have been very easy to say, 'Oh, this is an extraordinary year; let's just do the bare minimum and go home.' We did the opposite. We said there is a lot of need and there are a lot of issues that need to be addressed, and we stepped up to the plate and we got it done. That it was done this year is really extraordinary."

2021 MAKING PROGRESS HAPPEN ENACTED BUDGET HIGHLIGHTS

Establishing Paid Sick Leave for Working New Yorkers: To further empower New York's workers and protect all consumers in the State, the FY 2021 Enacted Budget enacts a paid sick leave program for working New Yorkers. Businesses with five to 99 employees will provide their employees at least five days of job-protected paid sick leave per year and businesses with 100 employees or more will provide at least seven days of paid sick leave per year. Smaller businesses, with four or fewer employees, will guarantee five days of job-protected unpaid sick leave to their employees every year. Small businesses already providing paid sick leave will be able to so.

Legalizing Gestational Surrogacy in New York State: The FY 2021 Enacted Budget legalizes gestational surrogacy in New York State once and for all, helping LGBTQ couples and couples struggling with infertility. The legislation will also establish criteria for surrogacy contracts that provide the strongest protections in the nation for parents and surrogates, ensuring all parties provide informed consent at every step of the process, and will create a Surrogates' Bill of Rights, which would ensure the unfettered right of surrogates to make their own healthcare decisions, including whether to terminate or continue a pregnancy and that surrogates have access to comprehensive health insurance and independent legal counsel of their choosing, all paid for by the intended parents. The legislation included in the Budget will also create a streamlined process for establishing parenthood when one of the individuals is a non-biological parent, a process known as "second-parent adoption."

Passing the "New York Hate Crime Anti-Terrorism Act": The FY 20201 Budget establishes a "domestic act of terrorism motivated by hate" crime as a new A-1 class felony punishable by up to life in prison without parole.

Closing the Out-of-State Gun Loophole: The FY 2021 Enacted Budget includes legislation to prohibit individuals from obtaining a gun license who commit serious offenses out-of-state that would disqualify them from obtaining a gun license if committed in New York. This will provide greater consistency in New York's licensing scheme and ensure individuals who are prohibited from purchasing a firearm are not able to do so. The Enacted Budget also includes legislation to require all state and local law enforcement agencies in the state to opt in to the ATF's crime gun trace data sharing program and submit crime guns recovered through the ATF's eTrace system. Additionally, the Enacted Budget includes legislation to amend the Mental Hygiene Law to allow New York to share reports of individuals who are a danger to themselves or others with other states.

Housing and Services for People who are Homeless, Including Those with Mental Illness: New York's homeless community and those with mental illness are among the hardest populations to help. The FY 2021 Enacted Budget includes an aggressive strategy and additional support to provide housing and services to these vulnerable populations.

Enact a Comprehensive Tobacco Control Policy. Governor Cuomo has taken unprecedented steps to ensure the health and safety of all New Yorkers by combatting the use of harmful tobacco and nicotine products. The Enacted Budget prohibits the sale or distribution of e-cigarettes or vapor products that have a characterizing flavor unless approved as part of an FDA pre-market approval; prohibits the sale of tobacco products, including e-cigarettes, in all pharmacies; restricts the delivery of e-liquid products only to NYS-licensed vapor retailers; restricts the public display of tobacco and vapor products near schools; requires manufacturers of vapor products to disclose to the DOH Commissioner and the public, information regarding the ingredients, by-products, or contaminants in vapor products, whether intentional or unintentionally added; bans certain carrier oils if they are determined to be harmful; bans coupons and manufacturer discounts and displays in shops; and increases penalties for illegally selling tobacco products to minors.

Prescription Drugs: The FY 2021 Enacted Budget includes a three-part plan to lower prescription drug costs for all New Yorkers. The Budget caps insulin co-payments at $100 per month for insured patients to help address the rising cost of insulin that has resulted in diabetes patients rationing, skipping doses and not filling prescriptions. Finally, the Enacted Budget establishes a commission of experts to study the feasibility and benefits of a Canadian drug importation program and submit a plan to the U.S. Department of Health and Human Services for review.

Banning the "Pink Tax":The FY 2021 Enacted Budget prohibits gender-based pricing discrimination for substantially similar or like kind goods and services. The legislation would require certain service providers to provide price lists for standard services upon request and notice that gender-based price discrimination is prohibited under state law. Businesses that violate the law would be subject to civil penalties.

Authorized the creation of a $3 Billion Restore Mother Nature Bond Act: The Budget authorizes the creation of a Bond Act to fund critical environmental restoration and climate mitigation projects in every corner of the state to ensure New York is able to adapt to the intensifying impacts of climate change, and reduce emissions, while creating jobs and local economic development. As part of the larger Restore Mother Nature Initiative, the Bond Act will be a key source of funding for projects focused on reducing flood risk, investing in resilient infrastructure, restoring freshwater and tidal wetlands, preserving open space, conserving forest areas, and reducing pollution from agricultural and storm water runoff. It will also fund up to $700 million in projects to fight climate change, including green buildings. It also aims to spend 35 percent of the funds on projects to benefit underserved areas of the state. The Budget Director will assess the state's finances and the economic outlook later this year and make a determination as to whether to move forward with the Bond Act.

Permanently Banning Hydrofracking: The Enacted Budget codifies Governor Cuomo's ban on the Department of Environmental Conservation approving permits that would authorize an applicant to drill, deepen, plug back or convert wells that use high-volume hydraulic fracturing as a means to complete or recomplete a well. In addition, it places a moratorium on future gelled propane hydrofracking applications until the Department can conduct an analysis of the impacts of this completion method. This will protect the health of New Yorkers and ensuring permanently that our environment is not harmed by this practice.

Continuing Middle-Class Tax Cuts: This year's Enacted Budget continues to lower Personal Income Tax rates for middle-class New Yorkers. In 2020, the third year of the multi-year tax cuts enacted in 2016, income tax rates have been lowered from 6.85 percent to 6.09 percent for taxpayers in the $43,000-$161,550 income bracket, and to 6.41 percent in the $161,550-$323,200 income bracket. These cuts are expected to save 4.7 million New Yorkers over $1.8 billion this year. Furthermore, income tax rates will continue to drop to 5.5 percent for taxpayers in the $27,900-$161,550 tax bracket and 6 percent in the $161,550-$323,200 bracket. When the cuts are fully phased in, middle class taxpayers will have received an income tax rate cut up to 20 percent, amounting to a projected $4.2 billion in annual savings for six million filers by 2025. As the new rates phase in, they will be the State's lowest middle-class tax rates in more than 70 years.

Increasing and Modernizing Emergency Response Capacity: Over 60 percent of New York counties have been flooded twice in the past 10 years. We must be ready to handle these increasing, life-threatening, emergency situations. It is a new and growing challenge for our state operations. The FY 2021 Enacted Budget sustains $12 million in capital funding to increase and update the State's emergency response capacity so our brave women and men have the right equipment to do their jobs.

Addressing Veteran and Law Enforcement Suicides: The FY 2021 Enacted Budget invests $1 million to partner with organizations to help veterans, law enforcement and first responders with suicide prevention efforts. The Budget also directs state agencies to expand suicide prevention strategies for veterans, law enforcement, correctional officers and first responders, including a new campaign by the Office of Mental Health to reduce the stigma of mental illness. Additionally, the State will convene a panel of stakeholders and experts at its annual Suicide Prevention Conference to develop and implement strategies for preventing suicide among these special populations.

Adding E Pluribus Unum to the State Coat of Arms: Our founding fathers said clearly that the idea of unity was the key to America's future. In 1782, on the first seal of the United States, they said it in three simple words - E pluribus unum, out of many one. This federal government and our nation seem to have forgotten that essential American principle. In this time of turmoil, New York State will remind the nation of who we are by adding E pluribus unum to the State's coat of arms as part of the FY 2021 Enacted Budget, proclaiming at this ugly time the simple truth that without unity we are nothing.

GREEN ECONOMY & ENVIRONMENT

Accelerating Renewable Energy Projects and Driving Economic Growth as Part of Nation-Leading Climate Agenda: The Enacted Budget includes the Accelerated Renewable Energy Growth and Community Benefit Act, which will dramatically speed up the permitting and construction of renewable energy projects, combat climate change and grow the state's green economy. The State will also accelerate renewable transmission delivery. The Act will create a new Office of Renewable Energy Permitting to improve and streamline the process for environmentally responsible and cost-effective siting of large-scale renewable energy projects across New York while delivering significant benefits to local communities. "Build Ready" sites will be pre-approved, permitted and auctioned to developers to prioritize the re-use of abandoned commercial sites, brownfields, landfills, former industrial sites, and otherwise underutilized sites. These actions will accelerate progress towards Governor Cuomo's nation-leading clean energy and climate goals - including the mandate to obtain 70 percent of the state's electricity from renewable sources - as identified under the state's Climate Leadership and Community Protection Act.

Banning the Distribution and Use of Styrofoam: The Enacted Budget prohibits the distribution and use of expanded polystyrene, commonly known as Styrofoam, single-use food containers. It also bans the sale of expanded polystyrene packaging materials known as packing peanuts. This is the strongest statewide ban in the United States and will go into effect by January 1, 2022.

Enacting Comprehensive E-Bike and E-Scooter Legislation: To get more people out of cars, the FY 2021 Enacted Budget includes comprehensive legislation to legalize and expand the e-bike and e-scooter network without compromising on public safety.

Green Economy Tax Credit: The budget creates a new refundable, discretionary Green Jobs Tax Credit totaling up to 7.5 percent of wages for each net new job created fostering the expansion of green economy businesses and position New York State to further capitalize on significant projected green economic growth. The State will also create a refundable, discretionary Green Investment Tax Credit totaling up to 5 percent of qualifying new capital investments in connection with qualifying green economy projects and increasing to up to 8 percent of eligible investment for research and development in qualifying green economy projects.

BUILDING A NEW NY

Reimagining the Erie Canal: Building on the findings of the Reimagine the Canal Task Force, the New York Power Authority, which now oversees the Canal Corporation as a subsidiary, will invest $300 million over the next five years to integrate the Empire State Trail and Erie Canal through a new program that will stimulate tourism and economic development, address environmental challenges unknown a century ago, and create an asset that will improve the quality of life in communities along the 360-mile spine of the Erie Canal. A first phase of funding will start this year that will have two parts: a $100 million economic development fund to invest in communities along the Canal and a separate $65 million investment in solutions that will help prevent ice jams and related flooding in the Schenectady area. The remaining $135 million of the plan's funding will subsequently be allocated to research recommended by the Reimagine Task Force, as well as to solutions related to flood mitigation, invasive species prevention and ecosystem restoration.

Developing an Innovative Strategy to Build High-Speed Rail in New York: Governor Cuomo will convene a team of forward-thinking experts and engineers to reexamine past high-speed rail plans, question and rethink every assumption and method and recommend a new plan for how to build faster, greener, more reliable high-speed rail in New York.

Investing in Roads and Bridges: The FY 2021 Enacted Budget supports $6 billion for the Department of Transportation capital plan in FY 2021, including $2.6 billion for Upstate roads and bridges.

Regional Targeted Investments

Transferring Pier 76 Tow Pound to Hudson River Park for Reuse: The FY 2021 Enacted Budget requires the long-deferred transfer of Pier 76 from its use as a tow pound for the NYPD to the operational control of the Hudson River Park Trust to integrate into the park complex, maximizing green space, recreation and community access and market potential. As part of the legislation, the NYPD must vacate Pier 76 by the end of 2020.

Transforming Buffalo's North Aud Block: Supported by the FY 2021 Enacted Budget, the State will develop Buffalo Canalside's North Aud Block and improve access to the city's waterfront, featuring mixed-use residential and commercial buildings and a piazza for public use, based on community and stakeholder input. This also includes the rail station that is forthcoming in Buffalo and its coordination with the new North Aud Block neighborhood.

Creating the State's First Comprehensive Education and Training Center in Syracuse: To meet the emerging science, technology, engineering, arts, and mathematics demands in Syracuse, the FY 2021 Enacted Budget supports the creation of the State's first regional Comprehensive Education and Workforce Training Center in Central New York. Administered by the Syracuse City School District in partnership with SUNY Empire State College and other local colleges and universities, the Center will provide specialized educational opportunities and state of the art workforce training programs in advanced technologies to students and residents throughout the region. The State will reimburse 98 percent, or $71.4 million, of the cost to renovate the building that will house the Center. The Syracuse Comprehensive Education and Workforce Training Center is scheduled to open in 2021 and will serve ultimately 1,000 students, as well as residents of the community.

Expanding High Technology Companies in Rochester: The FY 2021 Enacted Budget supports the expansion of three industry-leading high technology companies in the City of Rochester that will further grow the Finger Lakes regional economy as part of the Governor's continued commitment to growing the high-tech ecosystem in and around Rochester's Downtown Innovation Zone. The expansion of these companies will create more than 700 jobs in and near Rochester's Downtown Innovation Zone.

Job Training for the Future: The FY 2021 Enacted Budget supports first-in-the-nation Future of Work Centers that will build on the success of the Northland Workforce Training Center in Buffalo and establish two nation-leading Future of Work Centers. These Future of Work Centers will partner with the private sector, community organizations and SUNY/CUNY to create new short-term, non-degree credential and micro-credential programs to quickly address employer skill needs, both for existing workers as well as new workers.

COMBATING DIVISION AND ENSURING PUBLIC SAFETY

Banning high-risk sexual offenders from accessing the MTA subway, bus and rail systems: The Budget includes a new measure authorizing a judge to prohibit individuals who engage in unlawful sexual conduct against an MTA passenger or employee or a crime involving assault against an MTA employee from using MTA transportation services for up to three years, or as long as on probation if less. Anyone who violates that condition can have contempt sanctions brought against them. The Governor proposed this measure in response to a number of recent MTA incidents involving repeat sex offenders.

Funding for State Police Hate Crimes Task Force: The State Police Hate Crimes Task Force was established by the Governor in 2018 to address the increase in bias-motivated threats, harassment and violence throughout New York State. The FY 2021 Enacted Budget includes $2 million to support the Task Force's ongoing work and to bolster the monitoring of digital media which promotes violence, intolerance, selling of illicit substances and terrorism.

Removing Guns from Domestic Abusers: The FY 2021 Enacted Budget authorize law enforcement to remove guns from the scene of a domestic violence incident. It would also establish a domestic violence misdemeanor to ensure abusers lose access to firearms immediately upon conviction. Further, it would authorize law enforcement officers to seize weapons from the home of an individual who becomes subject to a protective order arising out of a domestic dispute.

Banning Fentanyl Analogs: The FY 2021 Enacted Budget explicitly designates certain fentanyl analogs as controlled substances in New York State. This gives police and law enforcement the authority to prosecute the manufacturing, sale and distribution of these drugs to the fullest extent of the law. The measure also gives the State Department of Health Commissioner the authority to add additional analogs to the list of controlled substances, enabling the State to stay in front of these deadly substances as they appear on the market.

Adjustments to 2019 Criminal Justice Reform Law: The budget also makes adjustments to the 2019 bail reform law that addressed inequities in the criminal justice system. The budget clarifies the 2019 law to make sure judges know all the options available to them with respect to non-monetary conditions for release; enhances the options upon which a judge can condition release, including mental health referrals and requirements to attend counseling; and it adds several offenses that can be bail eligible, including sex trafficking offenses, money laundering in support of terrorism in the 3rd and 4th degree, child pornography offenses, repeat offenders, and those who commit crimes resulting in death.

PROTECTING OUR DEMOCRACY AND BUILDING TRUST IN GOVERNMENT

Requiring Automatic Manual Recounts in Close Elections: To fortify confidence in the integrity of election results in every race around the state, the FY 2021 Enacted Budget includes legislation establishing statewide standards for when automatic ballot recounts are triggered and the process for how such recounts will be carried out. The legislation requires automatic, manual recounts in all statewide elections in which the margin of victory for a candidate or ballot proposition is 0.2 percent of all votes cast in the contest. It also requires an automatic manual recount in all other elections in which the margin of victory for a candidate or ballot proposition is 0.5 percent of all votes cast.

Counting Every New Yorker in the 2020 Census: The FY 2021 Enacted Budget provides additional funding to ensure a fair and complete count of every New Yorker in the upcoming 2020 census. This funding builds on the statewide campaign to inform the public about the Census, encourage residents to complete the questionnaire and reach hard-to-count communities.

Strengthening Disclosure Laws: In June 2016, amid an increased lack of transparency in politics, Governor Cuomo advanced ethics reform legislation to address the landmark Citizens United v. Federal Election Commission decision that resulted in strengthened campaign finance regulations. Upon passage of ethics reform bills by both the Senate and the Assembly, the Governor signed New York Executive Law § 172, requiring disclosures of political relationships and behaviors widely recognized to be influential but which operate without exposure. The FY 2021 Enacted Budget Governor Cuomo strengthens this law by streamlining the reporting process for 501(c)(3) and 501(c)(4) organizations.

PROMOTING PUBLIC HEALTH

Establishing the SUNY Curing Alzheimer's Health Consortium. The Consortium will work to identify genes that predict an increased risk for developing Alzheimer's and collaborate with public and private research institutions on projects and studies to identify opportunities to develop new therapeutic treatment and cures for Alzheimer's. The goal of the Consortium will be to map the genetics of 1 million people, suffering from or at-risk of developing Alzheimer's disease, over 5 years. This new wealth of data will support researchers as they work towards developing new treatments and cures for the disease.

Medical Transparency Website Increasing Transparency in Healthcare Costs to Empower Patients: To enable consumers to more easily search for healthcare services, the FY 2021 Enacted Budget supports the creation of a consumer-friendly, one-stop website, called NYHealthcareCompare, where New Yorkers can easily compare the cost and quality of healthcare procedures at hospitals around the state. The website will be created by the Department of Health, the Department of Financial Services and the New York State Digital and Media Services Center.

Student Mental Health Program: The Budget provides $10 million in funding for grants to school districts to address student mental health in light of recent school closures. These grants are intended to improve student access to mental health resources and assist students who have experienced trauma that negatively affects their educational experience. This program will be administered by the Office of Mental Health and developed in consultation with the State Education Department.

INVESTING IN HIGHER EDUCATION AND PROTECTING STUDENT BORROWERS

Investing in Opportunity Programs: More than just developing programs to assist with tuition, the Governor supported and created additional programs to address the cost of attendance and help students with unique educational challenges. This includes a significant increase in opportunity programs in Open Educational Resources to reduce or eliminate some of the costs of textbooks and expanding food pantries at SUNY and CUNY. The FY 2021 Enacted Budget will make $213 million available for higher education opportunity programs and training centers, a 57 percent increase since FY 2012.

Requiring Transparency and Accountability for For-Profit Colleges: The FY 2021 Enacted budget includes for-profit college accountability initiative that is focused on transparency and outcomes to ensure that our students are well served in these schools. Numerous studies have found that for-profit colleges correlate to negative outcomes for students, especially low-income, minority and female students. For the $45 million in taxpayer funds going to these institutions, we need a higher level of accountability and transparency. The Budget will require for-profit schools to demonstrate positive outcomes for their students and include basic disclosure of funding and financing, including compensation packages of senior leadership and ownership, including any relevant bonuses and incentives. In addition, to further protect New York's veterans from unscrupulous schools that target them for their education benefits, the Governor will work with the Department of Veteran Services to bring more transparency to for-profit schools, identify opportunities to clarify state and federal commitments to education and ensure New York State's veterans will be protected in the for-profit education space.

Expanding College Student Enrollment in Supplemental Nutrition Assistance Program (SNAP) Benefits: The Governor has acted to reduce food insecurity among college students, so they are better able to focus on their studies and successfully graduate. To continue these efforts, the Office of Temporary and Disability Assistance will establish policy to make more community college students eligible for essential SNAP benefits by establishing a state policy that community college students engaged at least half-time in career and technical education courses of study are exempt from the requirement to work 20 hours weekly to qualify for SNAP. This policy change will increase the participation of low-income college students in SNAP, providing them with essential nutritional benefits so they are more likely to obtain their college certification or degree.

Stopping Abusive and Deceptive Practices from Student Loan Debt Relief Companies: Governor Cuomo has championed financial assistance and debt relief for New York students, establishing the Get on Your Feet Loan Forgiveness Program—the nation's only state-sponsored need-based loan forgiveness program and enacting regulations prescribing standards of conduct for student loan servicing companies. However, additional protections are needed to protect New Yorkers from student debt relief companies that have had a poor record of serving their customers. These companies typically charge student loan borrowers substantial upfront fees and promise to assist them with consolidating multiple student loans into a single loan or alternative repayment arrangements. Borrowers, however, can often achieve the same results through free government programs. The Budget includes legislation setting standards for the student loan debt relief industry in New York.

CONTINUING OUR ECONOMIC GROWTH AND SOCIAL PROGRESS

Prevailing Wage: Requires that workers on private projects receiving a significant public subsidy will be paid a prevailing wage. Private projects larger than $5 million where at least 30 percent of construction expenses are supported by public grants, tax credits, or certain other incentives will be required to pay prevailing wage, extending important worker protections to even more components of New York's largest-in-the-nation building program.

Making the "New York Buy American" Act Permanent: The FY 2021 Enacted Budget makes the Buy American Act, which is set to expire in April 2020, a permanent fixture in New York State. The Buy American Act requires State agencies to use high-quality American-made structural iron and steel, continuing to support the State's steel and iron industry, create union jobs and ensure our infrastructure projects will last long into the future.

Expanding Access to Safe and Affordable Banking Services, Credit and Financial Education: The FY 2021 Enacted Budget invests $25 million in new funding over five years to support New York's Community Development Financial Institutions Fund (CDFI). CDFIs are often the sole providers of banking services in low-income areas and underserved communities across the state. CDFIs will leverage this funding to an aggregate $30 million in targeted investment in these communities. This funding is part of the Governor's sweeping financial access and inclusion agenda that builds on the work his administration has done to expand access to safe and affordable banking services, credit and financial education. The Budget also creates a statewide Office of Financial Inclusion and Empowerment, based at the Department of Financial Services, to meet the financial services needs of low- and middle- income New Yorkers across the state.

FY 2021 ENACTED BUDGET FACT SHEET

Due to the ongoing COVID-19 pandemic and its unprecedented negative impact on the global economy, the Enacted Budget maintains vital services and programs, while ensuring sustainability to weather this downtown, authorizes a reduction in spending by $10 billion and empowers the State Budget Director to develop a plan for across the board reductions and implement that plan as necessary over the course of the year. The budget also puts in place mechanisms to control spending through the year if revenues fall even further, and raise spending if either revenues come in higher than expected or the federal government delivers support that offsets the state's revenue losses. All funds spending is estimated to total approximately $177 billion and state operating spending is authorized up to $105.8 billion, however, in the absence of additional federal assistance or a faster than anticipated economic recovery, spending will initially total $95.8 billion.

Realigning School Aid

Due to the extraordinary challenges from our COVID-19 health crisis, creating a $10 billion loss in revenue to the State, support for schools will remain nearly flat for a total of $27.9 billion in school aid.

Redesigning Medicaid and Health Care

The FY 2021 Enacted Budget advances reforms to the Medicaid program that will ensure it remains financially viable for the future so it can continue to provide high-quality care to more than six million New Yorkers.

Medicaid spending will increase by 3 percent, or about $500 million ensuring continuing high-quality care for 30 percent of New Yorkers who rely on Medicaid for health care. Spending growth is now back in line with targets established by the Governor in 2012 that kept New York State's Medicaid spending growth to less than half the national average, saving taxpayers more than $19 billion.

Many of these reforms were developed and unanimously endorsed by the Medicaid Redesign Team II, a cross-section of health care providers, labor, local government and other industry stakeholders. They were tasked with reforming the system, and their recommendations stuck to the Governor's guidelines that they must have zero impact on local government and zero impact on beneficiaries.

The reforms included in the FY 2021 Enacted Budget include a transformation of the hospital reimbursement structure to better support services to the uninsured, increases investments in primary care to avoid more costly hospitalizations and new requirements that enhance oversight of managed care and transportation.

Photos: Sign says Mooney's in Le Roy is for sale

By Howard B. Owens

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Mooney's Sports & Bar Grill in Le Roy, which in 2019 went through a pubic health crisis that forced it to close for awhile and is now, like all restaurants, forced to reduce services because of another public health crisis, has announced on its own sign that it is for sale.

Photos by Philip Casper.

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Jacobs joins Stefanik in supporting measures to hold China accountable

By Howard B. Owens

Press release from Chris Jacobs, NY-27 Republican Congressional candidate:

“For decades China has been able to conduct itself without recourse or responsibility. Their actions have threatened the economic stability of the world numerous times, and their manipulating has caused weakened global security; all while continuously committing human rights atrocities. Their handling of the COVID-19, lying and covering it up, has directly resulted in the death and suffering of hundreds of thousands of people around the world.

"I applaud Rep. Stefanik for her leadership in introducing legislation to finally hold China accountable for their atrocities, and I urge every member of Congress to join her in supporting this measure. We need to send a loud and clear message that China’s actions will no longer be tolerated, and I plan on joining my future colleagues in Congress in supporting similar future measures. This is a matter of global security.”

Isolation due to COVID-19, stress and anxiety can worsen some people's urge to gamble

By Billie Owens

Press release:

Isolation due to the COVID-19 can be especially difficult for those struggling with gambling problems. Extra time, stress and anxiety, access to gambling on the internet, and an increase in online gambling options are a recipe for trouble.

People struggling with gambling problems, or in recovery from problem gambling, may find this isolation to be especially difficult.

If you have noticed extra stress, anxiety, anger, uncontrollable urges to gamble or an increase in gambling activities there are options for help. If your loved one is struggling to control their gambling, help is available for you, too.

Contact the Western Problem Gambling Resource Center at (716) 833-4274.

Genesee County police agencies, City of Batavia FD join nationwide addiction and recovery initiative

By Mike Pettinella

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Press release:

The Genesee County Health Department, Genesee/Orleans Council on Alcoholism and Substance Abuse, GOW Opioid Task Force and local police/public safety departments have come together to offer an innovative program for Genesee County residents dealing with substance use disorders.

The City of Batavia Police Department, Genesee County Sheriff’s Department, Village of Le Roy Police and, most recently, the City of Batavia Fire Department have signed on to participate in the Police Assisted Addiction and Recovery Initiative (PAARI).

This is a nationwide effort to provide support and resources to help law enforcement agencies create non-arrest pathways to treatment and recovery.

“We wholeheartedly believe in a ‘multiple pathways to recovery approach’ and PAARI is an important component in that philosophy,” said John Bennett, GCASA executive director. “The commitment of local law enforcement and now the Batavia City Fire Department to this program expands the spectrum to access services.”

The City of Batavia Fire Department is the first fire department in New York – and one of only a few in the nation -- to enlist in PAARI.

Fire Chief Stefano “Steve” Napolitano said he is proud to unite with the other Genesee County agencies already in the program.

“As a fire-based emergency medical services provider within the City of Batavia, we have firsthand knowledge of the opioid dilemma within our community,” he said. “In an effort to assist with this problem, we have designed an intake location within fire headquarters to provide a safe and judgment-free place where a person can come and seek assistance and interventional services. This, in turn, can prevent an overdose death and increase the safety of responding crews by having a safe setting in which to assist.”

Napolitano added that PAARI “aligns with our department’s mission to provide life safety services to all in need and, hopefully, our involvement acts as a catalyst for other fire departments to join in this endeavor.”

The foyer inside the public entrance to the fire headquarters on Evans Street has been renovated with funding from the Greater Rochester Health Foundation, a major sponsor of the GOW Opioid Task Force.

City of Batavia Police Chief Shawn Heubusch, who chairs the law enforcement work group of the GOW Opioid Task Force, has been instrumental in making the PAARI program a reality in Genesee County.

“The City of Batavia and Batavia Police Department have taken a proactive approach to assisting with the opioid epidemic by becoming part of the county-wide PAARI program,” Heubusch said. “This allows those suffering from substance abuse disorder to come to the police station, anytime of the day or night, to ask for assistance. We will then, no questions asked, contact a peer support advocate and connect that individual.”

He added that his department is “proud to do our part to help stem the opioid crisis by getting those community members that are in need into services, and by helping reduce the stigma of substance abuse.”

 “It’s important that the community knows that this program is here and that recovery is possible,” said Christen Ferraro, GOW Opioid Task Force coordinator. “On behalf of our hundreds of task force stakeholders, I would like to thank law enforcement for participating in PAARI and other initiatives and, especially, the Greater Rochester Health Foundation for its continued support.”

Ferraro noted that peer advocates are currently available for telephone and internet support during the COVID-19 situation, with normal face-to-face interventions to resume as conditions warrant.

Photo: City of Batavia Fire Chief Stefano Napolitano stands next to the plaque designating fire headquarters on Evans Street as a Police Assisted Addiction and Recovery Initiative location.

Disclosure: Story and photo by Mike Pettinella, GCASA publicist.

LIVE: Poetry Night on The Batavian

By Howard B. Owens
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Tonight The Batavian is hosting a live poetry reading featuring three Western New York poets, Scott W. Williams, Maria Sebastian, and Christopher M. Waide.

Photos: Star-spangled social distancing in Le Roy

By Howard B. Owens

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Scott Roblee, guitarist of Audibull plays "The Star-Spangled Banner" for the Village of Le Roy. Scott said he wanted to “boost everyone’s morale“ during these difficult times because “we only have this one life, and we need to cherish every second."

Dozens of townsfolk came to watch live, and a video was also streamed on Facebook live.

Photos by Philip Casper.

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Le Roy company goes 'all in' to meet challenge of quick turn around to make ventilator parts

By Billie Owens

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Submitted photo and information:

LE ROY -- Some good news to report -- working ventilator parts destined for New York City are being manufactured right here in Le Roy. Aluminum Injection Mold Co. LLC was contacted regarding building a mold one week ago with a challenge to mold plastic over an aluminum extrusion being produced in Ohio.

Typically it would have taken five to seven weeks to construct a mold like this to produce a ventilator part. But Aluminum Injection Mold knew of the urgency that was required and decided they were all in, whatever it took.

The ventilator part was one of several from an MIT design. An engineering firm from Long Island was the driving force, coordinating and building the ventilators to go into hospitals treating coronavirus patients.

By Tuesday evening, Aluminum Injection Mold made their first attempt to mold the ventilator part and continued long exasperating hours straight through the night until they succeeded.

By the yesterday morning, they had achieved making the ventilator parts that were then driven to the engineering firm in Long Island for trial.

Today (April 2), Aluminum Injection Mold received word that the ventilator parts are working well and has been given the go ahead to start producing more.

The company is owned by Gerald Ayers, president, and Tom Bergman, vice president.

Photo: Tom Swanson, molding manager, left and Tim Bergman, molding machine operator.

Day of Caring postponed

By Howard B. Owens

Press release:

A moment of crisis says a lot about a person and a community. Faced with stress, uncertainty and fear, we all react in different ways. What your United Way team has witnessed over the past few weeks, in the face of the COVID-19 health crisis, has been inspirational. So many in our community have shown impressive leadership, selfless acts, and sincere caring.

In response to the health crisis and in adherence with recommendations of state and local Departments of Health, we have postponed the May 13th Day of Caring until further notice.

We know you might want to help now. You can reach out to the United Way of Genesee County office to learn of volunteer and in-kind donation needs of our local nonprofits.

As our community moves from responding to this crisis to recovery, we know that nonprofits are going to need our community’s support more than ever. We hope to reschedule the Day of Caring to best support local nonprofits as they begin to rebuild their operations. Stay tuned for more information and thank you for standing United. 

Together we can make a difference.

Take care and stay safe,
Tammy, Susie and Jane

Schumer pens letter asking Trump to appoint military officer to lead production and distribution of medical supplies

By Billie Owens

From Senator Charles Schumer's Office:

U.S. Senator Charles Schumer today sent a new letter to President Trump this afternoon (April 2) calling on the administration to immediately appoint a senior military officer as "Czar" to complete and rapidly implement a government-wide plan for the increased production, procurement and distribution of critically needed medical devices and equipment, with full and complete authority under the Defense Production Act (DPA) he originally pushed to invoke.

Schumer says that with more than 85,000 cases of COVID-19 spreading across all 62 counties in New York, that the present personnel are "not up for the job." There's a continued shortage of masks, gowns and other personal propection equipment, and ventilators.

"No one is really in charge of getting these critical items to where they are needed," Schumer said.

He emphasized that as the coronavirus spreads rapidly and its toll grows more severe, a state of affairs further compounded by the administration’s tardy response to the crisis, the immediate appointment of a senior military officer to help remedy the country’s well-documented shortage of protective equipment, tests, and medical supplies is paramount.

Read Schumer’s letter to President Trump here.

Due to COVID-19 Town of Bethany offices and court for April and meetings are cancelled

By Billie Owens
Public Notice

 

All Town of Bethany meetings are cancelled for the month of April at this time due to the COVID-19 issue under this State of Emergency.

The Town offices are closed to the public until further notice but are minimally staffed during the Towns normal work hours.

Bethany Town Court is closed until further notice.

If you have to make a payment or need something please call so we can safely fulfill your needs.

Remember self quarantine and keep your distance. If you do not have to venture to the store stay home. It may save someones life.

If there are seniors or shut- ins in the Town of Bethany that need assistance please contact the Town Supervisor and we will make arrangements to help.

Carl Hyde Jr.

Bethany Town Supervisor

COVID-19 Briefing: One new case reported in Genesee County

By Howard B. Owens

Press release:

New Cases

  • As of 2 p.m. today:
    • Genesee County received one new positive case of COVID-19 for a total of 17 positive cases
    • One under the age of 65 residing in the central part of Genesee County
    • Orleans County: Has no new cases and is at a total of six positive cases
    • The new positive case was not under precautionary or mandatory quarantine when they became symptomatic.
  • Contact tracing has been initiated for all new cases. Known contacts have already been placed under mandatory quarantine and will be swabbed if indicated (if symptoms become present). If a person is identified as a contact, they will be notified by the County Health Department, quarantined and if warranted, swabbed if indicated. Limited information is provided to the public in compliance with HIPAA regulations and out of the respect of those impacted by this virus. When, and if, there is a situation where potential contact is made in a public location where contact tracing doesn’t have actual names we will send out a media announcement to help seek contacts

Cumulative Data

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  • Healthcare providers are advising patients undergoing swabbing that are symptomatic (based on availability and screening for high-risk) for COVID-19 to self-isolate until test results are received and COVID-19 is ruled out. Follow your healthcare provider’s advice.
  • We are not providing community testing at this time. We will be announcing further information on this as local capacity increases.

OPERATIONAL UPDATES

  • Social distancing must be practiced in order to stop the spread of COVID-19. This means canceling events such as parties, celebrations, and neighborhood gatherings where people congregate together. This also means that children and adults should not play contact sports. These are temporary requests that will help stop the spread of the virus so that we can resume normal activities. If you must go to the store, always maintain at least 6 feet of space between you and other people.
  • Please remain home if ill, even if a person has a negative COVID-19 result it is important to continue to limit physical contact. Flu and COVID-19 are still transmittable and people should continue to remain home and limiting contact with others. If you work with a vulnerable population, self-monitor prior to going to work, if you become sick while at work, contact your supervisor immediately and leave the premises to decrease the risk of contact with others. When not working, follow social distancing and limit time in public.
  • Medical Concerns: If you feel you may have COVID-19, call your primary care provider or healthcare facility ahead of time. DO NOT GO DIRECTLY THERE, CALL AHEAD TO GET GUIDANCE. Swabbing will be based on those who are in higher risk categories – elderly and immune compromised and those with underlying health issues.
    • Swab sample results are coming back slower than expected. With more testing, we expect this will continue. Whenever anyone is swabbed for potential COVID-19, self-isolation is advised until the test result is received.
  • Older Adults: The Office for the Aging in both counties continues to operate. They are still providing meals to their residents and are working with their vendors to provide the potential increase in meals to the residents they serve.
    • For Genesee County: NYConnects / Office for the Aging call (585) 343-1611 Monday-Friday 8:30 a.m. - 5 p.m.
    • For Orleans County: Older Adults in Orleans County can contact Arc of Genesee Orleans Nutrition Program at 589-5424 weekdays between 8:30 a.m. and 3 p.m. Office for the Aging staff members are coordinating with Meals on Wheels to ensure meal delivery to seniors in need. The staff are keeping their spirits up to stay safe and still deliver smiles with nutrition. There is a suggested donation for meal delivery, but do not let cost get in the way of asking for this help. If you have concerns about not having enough food call NY Connects/Office for the Aging at 589-3191.
  • Anxiety, Depression, Fear: If you are struggling with anxiety, depression, fear about this outbreak call the Care + Crisis Helpline at 585-283-5200, text 741741 or call the NYS COVID-19 Emotional Support Hotline at 884-863-9314, they have trained listeners available 24/7 to help you through this.

Handyman Program for seniors will continue outdoor repairs, but indoor repairs made on case-by-case basis

By Billie Owens

From the Genesee County Office for the Aging:

Handyman Program Update

The Handyman Program for Genesee County residents age 60 years and older will be limiting services during this time.

Due to the guidance provided by the State* and to protect the safety and well-being of the service recipient, requests for IN-HOME Handyman services will be prescreened and a determination will be made on a case-by-case basis.

Outdoor repairs will continue.

Requests for Handyman services may be made by calling NY Connects/Genesee County Office for the Aging at (585) 343-1611.

The Handyman Program is funded by the Muriel H. Marshall Fund for the Aging and is administered by the PathStone Corporation. 

*UPDATED by Governor Cuomo's office at 4:01 p.m. today (April 2) NYS on PAUSE Extended: it mandates that nonessential workers work from home, and everyone is required to maintain a 6-foot distance from others in public due to the COVID-19 pandemic. Get the facts.

Unvanquished: Local author pens fictional eulogy for Elba's Stumblin' Inn

By Billie Owens

A Batavia author has penned a paean to The Stumblin' Inn in Elba, the storied landmark that burned down two years ago this summer.

Daniel J. Crofts was to speak at the Holland Land Office Museum April 23 about his fictional short story "Ignis Invictus,* a Eulogy for the Stumblin' Inn" as participants noshed pastries and sipped hot coffee during the kaffeeklatsch known as Java with Joe E., cancelled because of coronavirus, naturally.

"I worked in Elba for a little over five years, and had passed by the Inn every day," Crofts said in a recent email. "But it wasn't until reading The Batavian's coverage following the July 2018 fire that I learned just how important it had been to the Elba community.

"I have always been interested in storytelling, and felt that a short story that would function as a sort of memorial for the Stumblin' Inn would be appropriate and, perhaps, welcomed."

Crofts said his tale is about a man from out of the area who drives into Elba, sees the wreck of the Stumblin' Inn (after the fire had occurred but before the debris was cleared), and treats it disrespectfully.

Then he meets a mysterious, supernatural guide (like the ghosts of Dickens' "A Christmas Carol," or Virgil from Dante's "The Divine Comedy") who takes him on a journey through the history of the Stumblin' Inn, its predecessors, and Elba in general (insofar as it is relevant to the Inn).

Of course, Crofts' book ($10.50) is stocked at the Holland Land Office Museum, which is temporarily closed because of the pandemic.

HLOM Offers Online Book Sales

It is among a number of intriguing titles in the HLOM bookstore inventory, which are available for purchase online.

Also on the list: "The Story of the Muck as Told By Those Who Worked There," ($12) written by the late William F. Brown Jr., and researched by Anne Marie Starowitz; and "Up South -- Folk Stories Whispered on the Summer Wind and Seen Through the Green Leaves" ($24.99), by Lynda Breckenridge Gaetano; and "Transfiguration and Hope -- A Conversation About Time and Hope" ($21.99) by D. Gregory Van Dussen, about spiritual journeys infinite and eternal, and the power of grace.

There are battlefield maps for purchase and titles about wars and veterans, baseball, the Erie Canal, Buffalo gangsters, Native Americans and pioneers, railroads, Genesee County architecture, haunted places, leading citizens, lore, and WNY amusement park rides.

A tiny brass cannon collectible can be had 10 bucks. It spurs remembrance of the actual cannons that stood outside the museum for more than a century. Last November, those were carefully dismantled and sent to Altoona, Pa., for a $20,000 period-accurate restoration, half paid by the museum and half through funds from an ongoing fundraising campaign called "Ready. Aim. Donate."

And if you need some soap to wash your hands good and clean of COVID-19, the bookstore's online inventory also lists prettily wrapped, handmade goat's milk soap, three cakes for $12, with fragrances such as green tea, rose hip, and lavender mint.

Meanwhile, HLOM is using this time of closure to take stock of its operation and programs and is asking people to complete a survey to help them better serve the community.

(Ignis Invictus is Latin for: Fire or Passion + Invincible or Undefeated, etc.)

Editor's Note: Below is a YouTube video of the Stumblin' Inn fire July 8, 2018, by Elba resident Lucine Kauffman, along with our news partner WBTA:

Also, video of the cannons being loaded for their restoration trip.

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Ficarella's Pizzeria closes temporarily, will return 'bigger and stronger'

By Mike Pettinella

For 35 years, Nick Ficarella has been serving delicious pizza, wings, subs, pasta and more to the community, initially at a shop situated across from Southside Deli on Liberty Street and, for many years, at his current location at 21 Liberty St.

Unfortunately, the spread of the COVID-19 has forced the Batavia native to temporarily close his store, giving – in his words – “our staff a well-deserved mental and physical break and doing our part to stop this spread of this terrible pandemic.”

Ficarella, speaking to The Batavian this afternoon, said he is shutting things down for a few weeks, not because business has fallen off, but primarily to protect the health of employees, their families and friends and customers.

“Business-wise, the support has been huge,” he said. “We have been seeing long, long lines at the pick-up window. The issue is more about staffing.”

In post on his Facebook page, Ficarella wrote that he will provide daily updates through social media – “to keep your belly’s (sic) hungry and your spirits high” – and also will be updating the website with new features to enhance the ordering experience.

“We’ll be back bigger and stronger,” he said. “We’re going to add some new features, including online ordering. In the meantime, I would like to thank the community and look to continue to serve the great people of Genesee County and beyond like we have since 1985, when there is an end to all this madness.”

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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