Gov. Cuomo

Press release:

Assemblyman Steve Hawley is renewing his call for the governor’s impeachment following a bombshell report that the governor secured state-administered COVID-19 tests for himself, members of his family and those with close political and personal ties to him.

This was during a period in the coronavirus pandemic in which government labs only had the capacity to process several hundred tests each day. State police resources were also reportedly used to transport these tests to state labs for faster processing.

“It has become abundantly clear the governor is willing to take actions that benefit himself and those close to him at the public’s expense,” Hawley said. “Somebody with such misguided convictions has no place continuing as our governor, and we need to move forward with impeachment proceedings as quickly as possible. Of course, he could still do the right thing and resign.”         

From Assemblyman Steve Hawley:

“After ignoring the calls my colleagues and I have been making for him to resign, today we had no choice but to set into motion the introduction of an impeachment resolution against the governor.

"Our state is facing dire economic, public health and fiscal challenges that demand our full attention as a Legislature.

"The last thing we need is a prolonged political battle over removing the governor when everyday New Yorkers need our help more than ever, so I am hopeful we can move through this impeachment process quickly to get back to the people’s work.”

League bowlers who have been objecting to the one-lane rule received some good news on Tuesday, but the same can’t be said for those who are protesting having to wear a face covering while delivering the ball.

Gov. Andrew Cuomo’s office ruled that leagues can be conducted as normal – switching each frame between two lanes over the course of a game – as long as “appropriate physical barriers” are put up between lanes.

Bowling proprietors throughout the state have been buying plastic sheeting, shower curtains and plexiglass, and are in the process of using those materials to separate bowlers in the seating area and at the ball return.

According to an email blast from the New York State Bowling Proprietors Association, the latest guidelines include the answer to two questions:

Q. Leagues typically use a pair of lanes when they are bowling. Is it permissible for teams to swap lanes (team bowls on the left lane, next time they bowl on the right lane) with the barrier still in place between the lanes and they stay seated on one side at all times?

A. Yes, if they don’t interact and otherwise maintain social distancing when switching.

Q. With regards to the number of players to any event (other than a regular league) at the facility being restricted to 50 or fewer, can that group bowl on consecutive lanes without barriers? For example, if a family of 10 comes in to bowl together they would normally bowl on two lanes next to each other. Do they need to have a barrier between their lanes even though they are together? This would be similar to a family out dining together.

A. No barrier needed here if part of the same group.

While league members will be pleased to know that two lanes can be used during competition, the rule stating that face coverings must be worn at all times for patrons/players is “the biggest issue” right now, said Mike Sputore, manager of Mancuso Bowling Center in Batavia.

Sputore said the reaction at league meetings this week has been decidedly against the directive that masks have to be worn while actually rolling the ball.

“Our numbers are going to be way down if this isn’t changed, but I am optimistic that it will be,” Sputore said, noting that the number of bowlers in a few leagues that have met thus far has declined as much as 50 percent from last season. “The mask rule should be the same as with the restaurant – when you’re seated a table you can remove your mask. If a bowler is social distanced on the lane, why does he or she need to wear the mask then?”

He also said people are concerned about being able to breathe properly and those with glasses have problems with their glasses fogging up while wearing a face covering.

Other guidelines still in place for bowling are as follows:

• Restrict facility capacity to no more than 50 percent of the maximum occupancy for a particular area as set by the certificate of occupancy, inclusive of employees and patrons/players;
• Strictly enforce social distancing of at least six feet between parties of patrons/players, including during play by closing adjacent bowling lanes or enacting appropriate physical barriers between lanes;
•  Ensure patrons/players interact only with their party at their assigned lane (i.e., no comingling of parties);
• Rigorously clean and disinfect any rented or shared equipment (e.g., bowling balls, bowling shoes) between each patron’s/player’s or party’s use;
• Limit the number of patrons/players to any event at the facility to no more than the current social gathering restrictions that are in effect for the region as a part of the State’s phased reopening (i.e., 50 or fewer people in Phase 4 regions, as of Aug. 15, 2020); and Adhere to the Department of Health's “Interim Guidance for Food Services during the COVID-19 Public Health Emergency” and all other applicable state-issued guidance (e.g., State Liquor Authority) for food and beverage service on the premise of the facility; provided, however, that indoor food and beverage service remains prohibited in New York City until further notice, as of Aug. 15, 2020.

Further, responsible parties of bowling centers and alleys may consider these additional public health and safety measures:

• Encourage patron/player visits be made in advance by reservation only, where practicable;
• Consider measures to reduce interpersonal contact and congregation, such as: “blocking off” operating times to allow for enhanced cleaning and disinfection; implementing “sign-up” policies, so patrons/players only play during their allotted time; and/or offering “equipment valets” where employees retrieve equipment for patrons/players (e.g., employees retrieve bowling balls from rack for use);
• Post signage and issue audio reminders for patrons/players to clean and disinfect equipment before and after use;
• Impose reasonable limits on rentals of facility owned equipment (e.g., a single individual may only use one bowling ball for the duration of the patron’s/player’s play); and/or
• Encourage patrons/players to bring and use their own equipment (e.g., bowling balls).

Also, billiards are not allowed to be open at this time.

From the YMCA of Genesee & Orleans Counties:

Jeff Townsend, executive director of the YMCA of Genesee & Orleans Counties, is calling for public support in asking Governor Andrew Cuomo to let nonprofit organizations, like the YMCA, resume using their facilities to support the health and well-being of the communities they serve.

He wants you to sign this petition to let Governor Cuomo know that communities need their YMCAs to open fully to support the health and well-being of New Yorkers.

"For hundreds of communities across New York, the Y is so much more than gym," Townsend's missive says. "The Y works with vulnerable populations to improve health outcomes, build immunity and reduce the impact of underlying conditions that make individuals more susceptible to COVID-19.

The programs Ys are not able to offer while our facilities are closed include:

• Arthritis Management Programs
• Blood Pressure Self-Management Programs
• Brain Health Programs to Prevent Cognitive Decline
• Cancer Wellness and Treatment Recovery
• Cardiac Rehabilitation Programs
• Diabetes Prevention and Management
• Family Wellness
• Obesity or Weight-loss Intervention
• Inclusive Programming for People with Different Abilities
• Programs for People an Caretakers of Those with Parkinson's Disease

Townsend continues by saying Governor Cuomo's decision to prohibit YMCAs from reopening their membership facilities in Phase 4 jeopardizes the economic viability of one of New York State's largest nonprofit organizations and employers: "While our communities generously support the Y through donations and grants, the Y's membership operations are the primary source of funding for its community work."

To date, New York's YMCAs have lost more than $117 million in membership and program revenue due to the government's mandated closures and capacity restrictions.

Unfortunately, these growing losses hinder the Y's ability to positively impact the health and well-being of more than 1.5 million children, families, and seniors who rely on the Y for everything from childcare and meals, to housing and human interaction, according to Townsend.

Ready to Reopen

YMCAs across the state have worked together to ensure that they are reopening in a safe and responsible manner.

Since closing membership operations in March, YMCAs have renovated their facilities, enhanced cleaning protocols, and physically redesigned spaces in order to create an environment that exceeds the health and safety guidelines from the CDC and State Department of Health. During all these changes, the Y continued to serve the needs of communities across New York State.

Open for Good

While our membership operations have been closed, the Y has continued to safely serve communities throughout the State of New York:

• 2,500 children of essential personnel served each day at childcare centers during the pandemic;
• 3,000 children served at YMCA Summer Programs;
• 30,400 calls and visits to vulnerable populations to check on their health and deliver food or goods;
• 128,302 meals provided through a variety of food programs and distribution centers.

Safe Today, Safe Tomorrow

The Y has served thousands, safely, during the pandemic. It is clear that YMCAs can run safely and responsibly. Communities needs the Y, and it needs your help to make sure the Y can continue to serve our community today, tomorrow, and for years to come.

Update: June 25, 8 a.m.

According to a report in The New York Times, the State of Washington has been dropped from the list after a review of the data.

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Unsure as to how Phase Four of New York’s business reopening plan will unfold, Genesee County legislators tonight were informed of another fresh development from the desk of Gov. Andrew Cuomo – a joint advisory mandating a 14-day quarantine of individuals traveling from states with “significant community spread” of COVID-19.

County Manager Jay Gsell reported on a press release issued earlier today that New York, New Jersey and Connecticut have joined forces to impose the order on those returning to their states from a state with a positive test rate higher than 10 per 100,000 residents over a seven-day rolling average, or a state with a 10 percent or higher positivity rate over a seven-day rolling average.

Gsell said the advisory, which takes effect at midnight, currently affects travelers coming back from Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Utah, Texas and Washington.

“This has caught everybody by surprise,” Gsell said during the legislature’s regular meeting at the Old Courthouse. “Hopefully, clarity will be forthcoming, but it is causing a great deal of concern and consternation.”

Gsell wondered out loud how this travel advisory will be handled at the local level and who will be responsible for discovering if someone or a group of people have returned from one of the aforementioned states.

It puts a lot of pressure on the hotel operators, he said.

Cuomo teamed with New Jersey Gov. Phil Murphy and Connecticut Gov. Ned Lamont at a press conference today to announce the action.

“We've been working with our neighbors in New Jersey and Connecticut throughout this entire pandemic, and we're announcing a joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days,” Cuomo said.

The press release noted that the three state leaders will provide frequent updates and “publish on their respective websites a list of states to which the new advisory applies.”

It went on to state that the measure will use uniform parameters and messaging on highways, airports, websites and social media across the three states. The three states will also ask hotels to communicate the 14-day quarantine to guests who have traveled from one of the impacted states.

Gsell also speculated that the “compact,” as he called it, could be expanded to place quarantine mandates for travelers returning to other states bordering or in close proximity to New York.

Reportedly, a $2,000 fine may be assessed to first-time violators, with the fine increasing to $10,000 if the violator(s) harm others by ignoring the quarantine.

On Tuesday, it was announced that the Finger Lakes Region will move into Phase Four on Friday, but the type of businesses that can reopen are limited to low-risk outdoor and indoor museums, art galleries, historical venues and zoos, as well as media production companies.

Click here for a story posted this morning on The Batavian.

In county business, the legislature passed the following resolutions:

-- Acceptance of $11,956 from the Office of Justice Bulletproof Vest Program for the purchase of body armor for sheriff’s deputies and correction officers. Sheriff William Sheron previously indicated the funding will cover about a dozen bulletproof vests.

-- A contract for $97,083.39 with Johnson Controls of Rochester to replace fire alarms and a contract for $47,766.25 with Chemung Supply Corp. of Elmira to replace the bridge decking of the McLernon Road bridge in the Town of Bethany. A capital project has been established for the bridge replacement, with the local share of $50,600 to be used to cover the cost.

-- Scheduling of a public hearing for 5:30 p.m. Wednesday, July 22 at the Old Courthouse for Genesee Community College’s proposed operating budget for 2020-21. Genesee County contributes $2,636,374 to the college’s $38.1 million spending plan.

-- Elimination of computer support technician and systems specialist positions as part of an organizational restructuring of the technology department. The two employees in those jobs currently are furloughed. The estimated cost savings in salary and benefits in 2020 is $63,613 (not including the furlough) and in 2021 is $152,671.

-- Requiring proof of liability insurance in the amount of at least $1 million from Genesee Country Farmers’ Market, the Batavia Improvement District, and the City of Batavia in order for the county Office for the Aging to distribute state Health Department Farmers’ Market vouchers to customers and set up an information table at the Genesee Country Farmers’ Market at the Alva Place parking lot from June 30-Oct. 2.

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July is Park and Recreation Month

Photo: The Genesee County Legislature tonight designated July as Park and Recreation Month. Displaying the proclamation are, from left, Shannon Lyaski, Conservation Education Program coordinator; Paul Osborn, deputy superintendent Facilities, Parks, Recreation & Forestry, and Tim Hens, superintendent. Facilities, Parks, Recreation & Forestry. Photo by Mike Pettinella.

Viewers of the country-flavored television variety show "Hee Haw," a popular offering in the late 1960s and early 1970s, may remember the musical bit that featured the line “gloom, despair and agony on me; deep, dark depression, excessive misery.”

Batavia City Council members left tonight’s Business Meeting at City Hall with similar feelings, mixed in with anger directed at Gov. Andrew Cuomo, after reluctantly overriding the state’s 2 percent property tax cap and then passing a 7.5 percent property tax increase as part of the City’s 2020-21 budget.

“Regretfully,” said Council Member Patti Pacino as she joined Robert Bialkowski, Kathleen Briggs, Al McGinnis, John Canale and Council President Eugene Jankowski in casting a “yes” vote on overriding the tax cap. Paul Viele and Rose Mary Christian cast dissenting votes.

After that, the same five voted to adopt the $17.8 million general fund spending plan, with Paul Viele and Rose Mary Christian again voting “no.”

The third piece of the budgetary puzzle – raising water rates by 3.5 percent – came next, with six votes in favor of passage to more than offset Christian’s “no” vote.

Council member Jeremy Karas did not attend the meeting.

The property tax rate increases to $9.60 per $1,000 of taxable assessed value – a jump of 7.5 percent -- and about $67 more per year on a house assessed at $100,000.

“It was very disappointing to have to pass such a large tax increase,” Jankowski said following the meeting. “It was very disappointing to have to exceed the tax cap that the governor himself set upon all the municipalities. And then he turns around and his budget makes it very difficult for us to not exceed the tax cap. It’s very confusing and very disappointing.”

Jankowski said Council did the “best we could under the circumstances.”

“We’re working really hard in the next 12 months because now that money is not going to be there going forward,” he said. “And it’s not going to go away, and I’m not in favor of raising the taxes again.”

Calling it a “nightmare,” Bialkowski placed the blame squarely on Cuomo for taking about $440,000 in video lottery terminal money generated by Batavia Downs Gaming from the City and leaving the City no choice but to draft (and pass) a resolution asking Cuomo to give the VLT funds back to Batavia.

Canale, McGinnis and Jankowski also expressed their disdain for Cuomo’s action, while City Manager Martin Moore simply stated that “we need that money restored.”

“Assemblyman (Steve) Hawley and Senator (Michael) Ranzenhofer are both calling for the restoration of the funds and this (resolution) supports that,” he said.

Before acting on the budgetary resolutions, Council heard from a pair of City residents – Nancy Ewert, who felt the board could have cut more administrative expenses, and John Roach, who blamed the governor and the Democratic party in Albany for the City’s financial dilemma.

“I think you need to go back to the drawing board,” Ewert said. “For you to raise money for your projects on my back is unacceptable."

In response, Bialkowski said Ewert’s contention that there were closed-door meetings was not true, and justified Council’s use of the VLT money as revenue in the budget.

“Some say we shouldn’t have used the VLT money,” he said. “Should we have put it in the basement or put it under our pillow? Of course, we used it for our budgetary reasons.”

Canale agreed with Bialkowski and noted that the City used to keep the VLT money in a separate fund before New York State “demanded that we start using the VLT money toward operating costs.”

“That’s why we’ve enjoyed a level tax rate the past few years … and have maintained services,” he said. “This was an event that wasn’t expected. The tax increase was .97 percent. But if you all want services that you enjoy, there’s no other way around it. Cuomo said ‘I need it and you guys figure out what you’re going to do.’ ”

Following the meeting, Ewert called out Council for a flawed budget process.

“They say that they have to break the tax cap in order to fund the City government, and yet they can explain away $400,000 in increases – and they’re increases in administration,” she said.

“They’re not increases in police work; they cut the police budget. They froze the fire department budget and they absolutely, I mean annihilated, the youth budget. It’s like down to around $8,000 for the year.”

Ewert said youth services in the City leave a lot to be desired.

“We have a problem in Batavia for our youth. We don’t have alternatives to keep these kids off the street,” she said. “The ice rink is great but it’s not the only answer. We do we not have an indoor basketball court that’s available for free to these City kids. I know the Y exists; it’s not free.”

She also questioned the water rate increase.

“And the whole issue with the water. Now they say we have to pay another 3 point something percent because we need an infrastructure backup plan. Where is our guarantee they’re not going to spend that somewhere else, because that’s what they’ve done in the past?”

Roach said he wasn’t happy with the 7.5 percent tax increase but admitted there was “no wiggle room now.”

“Don’t fault the Republicans on City Council or Batavia Downs,” he said. “It’s strictly the fault of the Democrats and Governor Cuomo.”

Bialkowski said he despises property taxes on homeowners but added that “we need to navigate through this.”

“I wish you were here during some of our workshops,” he said. “We dissected every single line item. There are no winners … we are all losers. But I didn’t hear any solutions (during the workshops) so now’s the time to set aside personal prejudices (and vote).”

Christian responded by informing the board that she gave a list of things to cut to the city manager last week, and Viele shot back at Bialkowski for trying to dictate to the rest of Council on how to vote.

“It’s not a political thing or a Ward thing,” Viele said. “I’ll vote the way I want to vote.”

Declaring it his God-given right and responsibility to speak out against what he perceives as evil, Batavia resident Chris Connelly tonight asked City Council to stand up against New York State’s new abortion law.

“Abortion is murder and it has become America’s holocaust … 60 million children,” said Connelly, a former Marine now confined to a wheelchair due to an ATV accident a few years back.

Connelly, who spoke during the public comment portion of the Conference Meeting at City Hall, said he had no political agenda -- “I’m not here as a Democrat or Republican, but as a man made in the image of God.”

He contended that City Council has the power to shut down Planned Parenthood and to make “Batavia a sanctuary for the unborn.”

“If we choose to neglect our responsibility, I truly fear for our nation,” he said, quoting from Isaiah 1:16-20, a passage from the Bible that warns against evil deeds and implores people to follow a path of righteousness.

Last Tuesday, Gov. Andrew Cuomo signed into law New York’s Reproductive Health Act, a far-reaching statute that removes abortion from the state’s criminal code and allows medical professionals who aren’t doctors to perform abortions.

Furthermore, the law permits abortions to be performed after 24 weeks if the fetus is not viable or if the health of the mother is at risk.

Cuomo came under fire from Roman Catholic clergy with some calling for the governor, a former altar boy, to be excommunicated from the faith.

Council member Rose Mary Christian applauded Connelly’s stance and urged the board to do something.

“Is there anything we can do to stop this atrocious thing in our city?” she asked, after bringing up the idea of a sanctuary city. “It’s the same thing (as fighting against illegal immigration) I’d like to have done for the right to life of our babies.”

After a brief discussion, Council President Eugene Jankowski, with consensus from his colleagues, directed City Manager Martin Moore to write a letter stating their opposition to this law and for it to be placed on next month’s agenda. Moore said he would wait for feedback from the public before drafting the letter.

Christian then made her feelings perfectly clear.

“He’s (Cuomo) a murderer period,” she said. “I don’t care how you slice it or dice it. He’s a murderer … period.”

In other developments, Council moved the following items to its Feb. 11 Business Meeting:

-- Scheduling of a pair of public hearings for 7 p.m. Feb. 25 that deal with the city manager’s proposed $27,494,132 budget for 2019-20 and the establishment of water rates, meter fees and capital improvement fees.

Moore’s budget calls for $5,251,607 to be raised by taxes, resulting in a tax rate of $8.96 per thousand of assessed valuation – the same as last year’s rate. That means that a house assessed for $70,000 would incur a tax bill of $627.20.

Water rates and meter fees are projected to increase by 3.5 percent while capital improvement fees are earmarked for a 10-percent hike.

-- Acceptance of “back pay” from New York State along with an annual increase in payments from the state in connection with an arterial maintenance agreement that will extend through 2049.

This supplemental agreement stems from the discovery that the City was underpaid for work it did to maintain state highways (routes 5, 33, 63 and 98) dating back to June 1994 and is not being reimbursed enough to cover its costs going forward.

As a result, the City will receive a one-time payment from the state for $218,539.88 to take care of the underpayments and now will be paid $183,017.40 annually, an increase of $6,500.

-- Authorization of two bonds to finance installation and construction of sidewalk and traffic signal improvements on State Street, Centennial Park, Washington Avenue, Bank Street and Richmond Avenue (pathways to schools), and to make water system and drainage improvements along South Main Street, Brooklyn Avenue and Union Street.

Costs of the sidewalk project are estimated at $1.1 million with 75 percent being paid through federal funding and the cost of the water system project is set at $913,000, which has been budgeted.

Afterward, during a Special Business Meeting, Council passed a pair of resolutions – one that accepts a $17,981 grant from the Genesee County STOP-DWI program for specialized patrols, training and equipment to combat impaired driving, and the other that executes a Community Development Block Grant of $50,000 for a feasibility study to evaluate the possible addition of a second ice rink at the Falleti Ice Arena on Evans Street.

A $5,000 local match was required for the CDBG, with funds provided by Batavians Paul Viele, Matt Gray, Steve Pies and Stephanie Call. Viele, a City Council member, recused himself during the vote.

City Council recognized Karen Benedict, left, for her nearly 20 years of service as records clerk for the Batavia City Police Department. City Council Member Patti Pacino, right, read a proclamation in Benedict's honor, and Benedict followed by praising the City's police officers for their dedication and professionalism. Photos by Mike Pettinella.