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Video: Gov. Andrew Cuomo's briefing for May 20, 2020

By Howard B. Owens

Press release:

  • Continues partnership with ready responders to expand testing from 8 to 40 public housing sites across NYC.
  • State is partnering with SOMOS (a network of more than 2,500 physicians in the Bronx, Queens, Manhattan, and Brooklyn for Medicaid members) to establish 28 additional testing sites at churches and community-based providers in predominately minority neighborhoods; total of 72 faith-based testing sites in partnership with Northwell Health & SOMOS.
  • Directs all local governments to expand testing in low-income communities and develop outreach programs.  
  • Religious gatherings of no more than 10 people and drive-in and parking lot services will be allowed statewide beginning Thursday, May 21st.  
  • State is convening Interfaith Advisory Council to discuss proposals to safely bring back religious services.
  • Announces finalists for Wear a Mask New York Ad Contest; New Yorkers can vote through Memorial Day at WearAMask.ny.gov.
  • Confirms 1,525 additional coronavirus cases in New York State -- bringing statewide total to 354,370; new cases in 42 counties.
  • Governor Cuomo: "So be smart. Let's use the numbers, let's research. Where are people who are infected? Where are new cases coming from? Where is the spread continuing? Low-income communities, communities of color. They tend to be high Latino, high African-American population. And we are seeing that pattern continue in zip codes, lower-income, predominantly minority."

Cuomo: "It seems like a simple thing, wearing a mask, and it's apparently so simple that people think it's of no consequence. It happens to be of tremendous consequence. It is amazing how effective that mask actually is. Don't take my word for it, I am not a doctor, I am not a public health expert. Again, look at the facts."

Earlier today, Cuomo announced the results of the state's antibody testing survey at churches in lower-income New York City communities and communities of color show 27 percent of individuals tested positive for COVID-19 antibodies, compared with 19.9 percent of New York City's overall population. The data was collected from approximately 8,000 individuals and shows high positive rates and continued high community spread in these low-income communities.  

To address these continued high infection rates in low-income and minority communities, Governor Cuomo announced the state is continuing its partnership with Ready Responders to expand testing from eight to 40 public housing developments across New York City. The state is also partnering with SOMOS to establish 28 additional testing sites at churches and community-based providers in predominately minority communities, for a total of 72 faith-based testing sites in the state in partnership with Northwell Health and SOMOS.

The state will also work to stop community spread in these neighborhoods by increasing Personal Protective Equipment availability, providing hand sanitizer, enforcing social distancing and expanding public health and education in these communities.  

Governor Cuomo also directed all local governments to expand testing in low-income communities and develop outreach programs to help address the disparities in these communities.  

The Governor also announced that beginning Thursday, May 21st, religious gatherings of no more than 10 people will be allowed statewide where strict social distancing measures are enforced and all participants wear masks. Additionally, drive-in and parking lot services will also be allowed beginning Thursday.

The Governor also announced the state is convening an Interfaith Advisory Council to discuss proposals to safely bring back religious services. A list of the members of the Interfaith Advisory Council is available here.  

The Governor also announced the five finalists for the Wear a Mask New York Ad Contest, which was launched by the Governor on May 5th and is being overseen by his daughter Mariah Kennedy Cuomo, asked New Yorkers to create and share a video explaining why New Yorkers should wear a mask in public. Over the past two weeks, the state collected more than 600 submissions from New Yorkers across the state. New Yorkers can vote for the winning ad until Monday May 25th at WearAMask.ny.gov. The winning ad will be announced on Tuesday, May 26th, and that ad will be used as a public service announcement.

County finds $1.4 million in savings as it braces for state aid cuts; lists mortgage tax payments to municipalities

By Mike Pettinella

Assistant County Manager Matt Landers provided a snapshot of the current financial status of Genesee County government tonight and, although the complete picture has yet to develop, it does present a clear view that steps being taken in light of the COVID-19 pandemic are resulting in significant cost savings.

Speaking at the Genesee County Legislature’s Ways & Means videoconference meeting, Landers projected that the county will be $1.4 million on the plus side before any potential state aid and sales tax losses are considered.

“When you take into consideration about $800,000 on the departmental level and an additional $600,000 through various measures and means, we’re looking at possibly about $1.4 million to the good,” Landers said. “These are all pre-state cuts and pre-sales tax implications as well, and doesn’t have mortgage tax figured in – and that could be another $100,000 or so.”

Landers reported information received from department heads and County Treasurer Scott German as the basis for his forecast.

“In general, what got reported back to us … in essence, the savings on a departmental level are about $800,000 on their budgets through the course of the year and going forward, projecting out,” he said.

He said departmental revenues would decline by $1.5 to $1.6 million for the year, but expenses will be down about $2.4 million for the year – resulting in the $800,000 savings.

“A large chunk of that is the jail, which has significant savings,” he offered. “They’re looking at roughly a net savings of $370,000, primarily from not boarding out, medical savings, food savings. They budgeted boarding out males and females and, obviously, they’re not boarding anybody out.”

Beyond that, Landers said the county health department’s preschool (ages) 3-5 program will see a savings of $308,000 as schools have been closed. This program primarily consists of occupational therapy, physical therapy, speech and other programming.

Moreover, the county’s hiring freeze and furlough strategies are on track to produce savings of $236,000 and $160,000, respectively, he said.

Landers said that additional revenue is expected in tax foreclosure properties ($131,000), contingency costs not utilized ($35,000), forfeited bail ($25,000) and delaying of projects ($100,000), which more than offset losses in interest earnings ($100,000) and Western Regional Off-Track Betting revenue ($35,000).

“At this point in time, I’m happy to see that we’re a million-four to the good versus a million-four to the bad … but we’re really at a wait-and-see situation right now until we can really see what is going to happen with the state reimbursement on state aid, the sales tax money and (federal) stimulus four,” he said.

Landers also said that a fourth federal stimulus package to help states and local governments would make paint a much brighter picture for the county.

“If we receive a windfall of money to help offset our sales tax losses, the ripple effect is huge because that would also mean that the state is receiving something else,” he said. “And it would not need to give a pass-down, devastating state aid cut that could be from a couple million to seven or eight million dollars they could hit us with.”

County Manager Jay Gsell advised the committee that Gov. Andrew Cuomo has three state budget “measurement periods” at his disposal.

The first (the month of April) has already passed but an announcement is “imminent,” Gsell said, and the others are May 1 through June 30, and July 1 through the end of the year.

He said that negotiations are taking place at the federal level in regard to another stimulus package, expressing the opinion that the bill recently passed by the House of Representatives will not pass as presented.

“That does not look like that (HEROES Act) is going anywhere,” he said. “Our NYSAC (New York State Association of Counties) people last night were telling us that looks like it is strictly a negotiating standpoint, and not a viable piece of federal legislation.”

Gsell said if a bill that is acceptable to both the House and Senate does materialize it likely won’t happen until June.

In a related financial development, the committee forwarded a resolution authorizing County Treasurer Scott German to distribute mortgage tax money to the City of Batavia, towns and villages – an amount totaling $388,967.72 – as follows:

-- City of Batavia, $103,929.86;
-- Town of Alabama, $7,911.34;
-- Town of Alexander, $15,902.45;
-- Town of Batavia, $46,467.74;
-- Town of Bergen, $14,956.42;
-- Town of Bethany, $7,929.85;
-- Town of Byron, $18,118.73;
-- Town of Darien, $31,923.49;
-- Town of Elba, $9,388.03;
-- Town of Le Roy, $33,675.72;
-- Town of Oakfield, $13,118.74;
-- Town of Pavilion, $16,232.73;
-- Town of Pembroke, $31,468.05;
-- Town of Stafford, $18,986.41;
-- Village of Alexander, $1,649.66;
-- Village of Attica, $565.80;
-- Village of Bergen, $1,998.11;
-- Village of Elba, $1,154.38;
-- Village of Le Roy, $9,670.41;
-- Village of Oakfield, $2,021.87;
-- Village of Corfu, $1,897.

The total is more than $126,000 that was distributed as the first payment of 2019 and the most for the same time period in the last eight years.

Ed Rath: Decades of mismanagement in Albany exposed by pandemic crisis

By Howard B. Owens

Press release from Ed Rath, candidate for the 61st State Senate District:

The ongoing COVID-19 pandemic has turned our daily lives upside down and state and local governments face unprecedented shortfalls. Rebuilding our economy and prioritizing funding will be more difficult than ever before. But, as is often the case, with great challenges, comes great opportunity.

Long before COVID-19 reached our state, New York was plagued by years of overspending and inefficient government. Due to decades of mismanagement in Albany residents pay some of the highest taxes in the nation, and excessive regulation drives up the cost of providing goods and services.

As we prepare for the Governor, Budget Director and Legislature to make recommendations on how to balance the budget, I would implore them to first look at state mandates. Reducing the cost drivers will make cuts less painful and reduce long-term costs and spending obligations. We do not need more commissions to “reimagine things,” we need to listen to people who work in their fields every day and see firsthand regulations that are beneficial and ones that only add more cost and paperwork.

There have been endless commissions and studies looking at waste in New York State government, and there are countless binders filled with reports and recommendations that have never been seriously considered. Inefficiencies and duplicative regulations drive billions of dollars in wasteful spending but have little or no impact on service. Before state leaders talk about the tough decisions that need to be made, they should first proactively ask about what can be done to make the situation less painful. 

In the end, we must demand our government do the same thing that residents do every day. When financial situations change, we can’t hope for more money from the bank, instead, we must find ways to save money and reduce costs to make the situation better on our own. Residents deserve to know that their state government is doing the same.

In addition, we must prioritize essential services and public health. Despite local governments facing increasing budget shortfalls and a public health crisis, the recently passed budget mandates upstate counties use $50 million in sales tax revenue to replace state funding cuts. At the same time, the budget created a new taxpayer-funded election system at a cost of $100 million and set aside over $400 million for Hollywood production companies.

To recommend cuts to schools, hospitals, and cost shifts to local governments, while protecting spending for taxpayer-funded elections and subsidies to Hollywood is simply wrong. Similarly, residents already pay some of the highest combined tax rates in the nation and we cannot tax our way out of this problem.

If we need something to reimagine, we should start with New York State government.

Four new COVID-19-positive cases reported in Genesee County

By Howard B. Owens

Press release:

New Cases

  • As of 2 p.m.
    • Genesee County received 4 new positive cases of COVID-19, for a total of 177 positive cases.
      • The positive cases reside in Batavia and Le Roy.
      • One individual is in their 30s, one individual is in their 40s, one individual is in their 50s, and one individual is in their 80s.
      • Two of the newly positive individuals were on quarantine prior to becoming symptomatic.
      • Two of the previous positive cases have recovered and have been released from mandatory isolation.
      • Two of the total active positive cases are hospitalized.
    • Orleans County received two new positive cases of COVID-19, for a total of 171 positive cases.
      • One positive case resides in Ridgeway and one positive case resides in Gaines.
      • One individual is in their 30s and one individual is in their 40s.
      • Neither of the newly positive individuals were on quarantine prior to becoming symptomatic.
      • Four of the previous positive community cases have recovered and have been released from mandatory isolation.
      • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

BHS Class of 2020: Everyone shifted gears to make the most of a very unusual school year

By Jeanne Walton

The coronavirus pandemic shutdown brought many challenges for schools trying to keep their kids safe, but for Paul Kesler, principal of Batavia High School, the concerns were greater than the obvious.

Kesler wanted to make sure that all of the students in Batavia were staying connected. He knew that there were kids who would not get support at home and that other kids just needed the outreach.

“It takes effort to stay socially connected with the students, but our priority is taking care of their social well-being,” the principal said.

Keeping that in mind, district administrators and staff made it a top priority to stay connected with all students.

With virtual meetings consisting of school administration, staff, parents and student government representatives were able to convene and brainstorm what to do, and how to adjust to this new normal.

What about graduation? The ever-popular Mr. Batavia Contest? Plus learning, support, transition, and the myriad other longstanding traditions that would likely need to be cancelled or significantly altered?

Everyone shifted gears to make the most of this very unusual school year, and followed the lead of Kesler who simply had a “let’s do it” attitude.

Administrators and staff developed a plan to stay connected with the kids through check-ins with things like trivia and baby photo contests.

They started a “2 for 2 senior spotlight” video series where a pair of students talks with Kesler for two minutes. They discuss their plans for next year, a fun anecdote from their high school years, and a teacher who has had a significant impact on them. It gives every graduating senior a chance to shine while highlighting this special milestone in their lives.

Parents went in a slightly different direction...

One mother desperately wanted to ease her child’s pain and disappointment, another wanted to congratulate her child herself for being an amazing kid and student, while another just wanted to do the right thing!  

The parents of Batavia High School seniors came together and started to plan activities that would make this unusual year memorable in not so typical ways.

Kristen Fix and Lori Reinhart, both parents of seniors at BHS, took on the task of ensuring that every senior had a celebratory graduation sign in their front yard. The project was completed easily when donations came pouring in from people “who just wanted to help,” Fix said.

Local company “Vinyl Sticks” took up the challenge and quickly created signs to meet the demand, while other parents and students jumped in to help wherever they could.

Collectively signs were placed in the yards of 166 BHS graduating seniors. The group also placed congratulatory signs in the yards of more than 100 local residents who simply wanted to show the kids that they are proud of their accomplishment.

Fix noted that this has been a great project for the kids.

“At first we wanted it to be a surprise, but we realized that this pandemic has had a really negative impact on many of the kids emotionally," Fix said. "We found that it was a great way to get them involved.

"They really miss being busy, and this happened so abruptly, so they weren’t prepared for it. This has been an incredible community effort and we have all reaped the benefit!”

Another parent-initiated project was brought to the kids through the efforts of BHS moms Daisy Cervantes and Amy Mott. They set out to lighten the heartache for their daughters and the other 2020 graduates by creating the “Adopt a Batavia Senior 2020” Facebook Page.

This provided the vehicle they needed for local residents to adopt a 2020 graduating senior and shower them with whatever type of attention they chose. There was an amazing outpouring and many students were adopted multiple times.

“We cannot thank the community enough for the incredible outpouring we have received," Mott said.

The Facebook Page has been used to spread word about the community signs, conduct contests with donations from local businesses, display community support and highlight individual seniors.

Mott said that with many contributions from local businesses “we are working on some other extra special things to finish this out. We just hope that their lives get back to normal soon…and that all of this is inspiration for them to pay it forward in the future.”

UPDATED: Mark Your Calendar: 'Cruising for Mercy Flight' escorted by Sheriff's deputies is June 7

By Billie Owens

Route information from Bill and Jeanne Freeman​:

Cruising for Mercy Flight is a car-cruise fundraiser that will be held on Sunday, June 7, escorted by Genesee County Sheriff's deputies.

Participants -- including classic automobile enthusiasts, hot rodders, vintage car owners, and people with way cool rides -- will assemble at the Genesee County Fairgrounds at 5056 E. Main St. Road (Route 5) in Batavia, and the procession will leave at approximately 1 p.m.

And this cavalcade surely must include thankful everyday operators who carry a valid license to drive in New York, have a vehicle that has adequate gasoline in the tank, is inspected, insured and runs.

They can all rally around Mercy Flight, a really good reason to enjoy some fresh air with people for a change, whether the weather cooperates or not weather weather permitting.

The Route

  • From fairgrounds, turn left onto Route 5 westbound (about 1 p.m.);
  • In Batavia, turn right on Route 98 north to Elba (1:15 p.m.)
  • In Elba, turn right onto Route 262 going through Byron and into Bergen (1:35 p.m.);
  • In Bergen, turn right onto Route 19 southbound through Le Roy (1:45 p.m.);
  • Keep on Route 19 south to Pavilion (1:52 p.m.);
  • Turn right on Route 63 westbound in Pavilion to go to junction of routes 63 & 20 (1:55 p.m.);
  • Turn left onto Route 20 at Texaco Town (2 p.m.);
  • Take Route 20 through Bethany and Alexander, to Route 77 westbound to Darien Center (2:15 p.m.);
  • Take Route 77 northbound from Darien Center to Alabama (2:35 p.m.);
  • Turn right on to Route 63 in Alabama and go to Oakfield (2:45 p.m.);
  • Approximately 1 mile down the road, turn left onto Route 262 to Elba;
  • In Elba turn right on to Route 98. This will take you back to Route 5 and also to the Batavia Exit on the Thruway.

THANK YOU FOR YOUR SUPPORT FOR MERCY FLIGHT!

We would like to thank the Genesee County Sheriff’s Office, especially Undersheriff Brad Mazur, the Genesee County Agricultural Society, and the Batavia and Le Roy police departments!

We certainly appreciate your support in being a part of this cruise. Be careful on your way home.

We sure hope to see everyone next month.

Stay Healthy and Be Safe,

Bill and Jeanne Freeman

UPDATE 12:28 p.m. May 21: A Mercy Flight Helicopter on a truck and trailer will be in the convoy, being held "in memory of all the former cruisers that have passed before us." A goodwill collection for Mercy Flight will be taken at the start of the event.

Here are the rules:

  1. If you get out of your car you have to wear a mask.
  2. If you do get out of your car be sure to practice social distancing.
  3. If you bring a snack and a beverage with you, please take home any trash. 
  4. CARRY IN AND CARRY OUT PLEASE!

Questions, call Jeanne Freeman at (585) 548-7197 before June 7.

All school district budget votes set for June 9 by absentee balloting

By Mike Pettinella

As Genesee County school districts gear up for 2020-21 budget voting and school board elections, The Batavian is providing the following capsule summaries to keep residents informed about key dates, propositions and candidates.

Per Gov. Andrew Cuomo’s order, all school districts in New York State will hold annual budget voting and board elections on June 9 through absentee balloting.

Absentee ballots will be mailed to eligible voters and must be returned to the district offices by 5 p.m. on June 9 or they will not be considered or counted – no exceptions.

It is essential to remember that additional state aid cuts could be coming and would affect districts’ budgets going forward.

Details about the schools’ budgets and candidates as well as contact information can be found on their respective websites.

ALEXANDER CENTRAL

Budget by the numbers -- The proposed budget is $18,540,258, an increase of $315,497 from the 2019-20 plan, with no increase in the tax levy. The budget (virtual) hearing is set for 7 p.m. on May 26 via Zoom using the log-in details posted on the district website, and will be available for viewing on the website’s BOE link starting on May 27.

School board election – One position is up for election for a term of five years commencing July 1, 2020 and expiring on June 30, 2025 to succeed Richard Guarino, whose term expires on June 30, 2020. Candidates are Christopher Mullen and Diane Steel.

Websitewww.alexandercsd.org

BATAVIA CITY SCHOOLS

Budget by the numbers – The board approved a $51,470,725 spending plan with cuts in staffing and other items but no property tax increase. The public hearing on the budget is scheduled for 6:30 p.m. on June 2.

Additional propositions – Richmond Memorial Library trustee voting, with Kristi Evans the only candidate at this time for a five-year term starting on July 1, 2020. As two seats are open, the other will be filled via the write-in candidate process. Jackson Primary playground, a $618,000 capital project to construct an age-appropriate playground at Jackson Primary School.

School board election – Incumbents Barbara Bowman and Tanni Bromley along with recent appointee Alice Ann Benedict are running for three board seats. The candidates receiving the most votes will serve from July 1, 2020 through June 30, 2023, while the third-place candidate’s term will be June 9, 2020 through June 30, 2021.

Website – www.bataviacsd.org

BYRON-BERGEN CENTRAL

Budget by the numbers – The board adopted a proposed budget of $24,599,800, including a tax levy of $9,024,961 – an increase in the property tax rate of 1.99 percent. The public hearing on the budget is set for 5 p.m. on May 28, and will be recorded and placed on the district website.

Additional propositionsBus purchase, proposal is for two 70-passenger school buses at a maximum cost of $246,000, with 90 percent covered by state aid. The tax income is estimated at $2 per year on a house assessed at $100,000, according to Superintendent Mickey Edwards.

School board election – Three people are running for two open trustee positions – incumbents Tammy Menzie and Amy Phillips and challenger Lynn Smith. The terms are for three years, beginning on July 1.

Websitewww.bbschools.org

ELBA CENTRAL

Budget by the numbers – The board is meeting tonight via Zoom to consider the $10,269,322 spending plan that calls for a slight tax increase that equates to an increase of $39 for the entire year based on a house assessed at $150,000. The public hearing is set for 6:30 p.m. on May 27, also via Zoom.

Additional propositionRe-establish a vehicle and transportation reserve and school bus purchase. Superintendent Ned Dale reporting that the district wishes use existing reserve funds to purchase a 65-passenger bus and a 24-passenger bus with a handicap lift.

School board election – Incumbent Michael Riner is the only slated candidate for his seat, which expires this year.

Website www.elbacsd.org

LE ROY CENTRAL

Budget by the numbers – The board approved a $26,334,488 budget that includes a 1.99 percent property tax increase (which is below the district’s tax cap of 2.8 percent) and does not add new positions or programs. The budget hearing presentation will be posted on the district's website at www.leroycsd.org on June 2.

School board election – Incumbents Richard Lawrence and Jacalyn Whiting are running for the two three-year terms.

Website – www.leroycsd.org

OAKFIELD-ALABAMA CENTRAL

Budget by the numbers – The board approved a $21,123,746 budget, up 1.4 percent from last year, with a zero percent property tax increase. Superintendent John Fisgus reported that the budget preserves all educational programs and extracurricular activities, adding that tiered plans are in place if the state makes additional cuts in aid. The public hearing on the budget is set for 10 a.m. on June 1 and will be considered “adjourned” as it will be conducted remotely.

Additional propositions – Capital improvement project, $15.3 million, with no impact upon taxpayers. Major goals of the project include safety/security measures, code and handicap accessible updates, building repairs, infrastructure upgrades and landscaping. School bus purchase, $135,000, to be financed.

School board election – Five candidates are running for three open positions – Jackie Yunker Davis, Daniel N. Groth, Douglas Russo, Shanda Spink and Pete Zeliff. The candidate receiving the most votes will begin serving on June 10 with the term ending on June 30, 2023. The terms of the two candidates with the second and third most votes will be July 1, 2020 through June 30, 2023.

Website – www.oahornets.org

PAVILION CENTRAL

Budget by the numbers – The board adopted a $17,684,182 budget with no change in the tax levy and no major changes beyond contractual increases and expected costs related to the coronavirus. The public hearing is scheduled for 7 p.m. on May 26 via Zoom. Links will be provided in the district newsletter and on our web page once they are created. 

Additional propositions – Change of board of education term, with the proposal calling for making all seven seats five-year terms – an increase of two years from the current term.

School board election -- Incumbents Margaret Gaston and Callin Ayers-Tillotson are running for re-election.

Website – www.pavilioncsd.org

PEMBROKE CENTRAL

Budget by the numbers – The board adopted a $23,679,522 budget with a zero percent tax levy increase and no property tax increase. The budget hearing will be held remotely on May 26, and the adjourned budget hearing will be available to view on the district website BoardDocs link beginning on May 27. The district's Dragon Tales publication will be mailed next week with all the details.

Additional propositions – Purchase of buses, with no impact upon taxes.

School board election – Dan Lang is running for a one-year unexpired term and Heather Wood is running for a new five-year term. Additionally, an election to fill three seats on the Corfu Public Library is scheduled. Kristie Miller, Julie Hengenius and Tony Kutter are up for election for three-year terms.

Websitewww.pembrokecsd.org

NYS Department of Labor announces more than $10B paid to over 2M during pandemic, backlog cut to 7,580 cases

By Billie Owens

Press release:

The New York State Department of Labor today announced that the backlog of pending unemployment benefit applications has been reduced to 7,580 — representing major progress since an unprecedented crush of applications related to the COVID-19 pandemic flooded the DOL’s systems in March.

This universe of unprocessed applications includes those that are missing critical information and cannot be processed, duplicates, and abandoned claims.

Additionally, since the passage of the Federal CARES Act, 562,766 PUA applicants have received unemployment benefits.

In total, more than 2 million unemployment benefit applications have been processed, and those New Yorkers have received more than $10 billion in benefits.

“No one could have predicted the wave of unemployment applications that crashed over the United States because of the COVID-19 pandemic, and every state is struggling — but New York has moved faster than any other state to address our backlog and get money into New Yorkers’ hands,"  said NYS Labor Commissioner Roberta Reardon.

"To date, we have paid out over $10 billion dollars during this crisis, compared to just $2.1 billion in total last year. Those claims that have been outstanding for weeks are ones that we simply cannot process — we have already attempted to contact all of these New Yorkers, and we will continue to try get in touch with everyone who applied so we can connect them with the benefits they are eligible for.”

The numbers for applications submitted before April 22, 2020:

  • 1,194,933: Paid
  • 20,801: Not Paid – Need certification
  • 7,580: Not Paid – Partial claims, missing information needed to process

Over the weekend, the Department of Labor analyzed the outcome of applications that were filed on or before April 22nd in an effort to quantify the size of the unemployment benefit backlog. This analysis found that 7,580 applications filed before that date had not been processed.

The DOL is unable to process these applications because they either contained incorrect or missing information, are duplicates, or had been abandoned by the claimant. The Department of Labor has attempted to contact all of these New Yorkers and will continue trying to reach them to complete their application or close out their claim.

Examples of missing or incorrect information that prevents an application from being processed include a Federal Employer Identification Number (FEIN) and address for an individual’s former employer or an applicant’s Social Security Number.

Last month, the Department of Labor issued a directive reminding New York-based businesses they have a legal obligation to provide unemployed New Yorkers with the information they need to apply for benefits, including the company’s FEIN and address.

Another 15,831 applications are going through final processing — which includes a check for fraud and identity theft. These claims will either become payable in the coming days or be flagged for additional review by anti-fraud specialists.

In addition, applications for 20,801 New Yorkers who applied before April 22nd have been processed but not paid because those individuals have not submitted federally mandated weekly certifications. By law, these certifications must be submitted before benefits are released.

The Department of Labor has proactively emailed hundreds of thousands of New Yorkers reminding them to submit certifications and rolled out a new, secure online system that allows New Yorkers to easily submit prior weeks’ certifications that they had missed.

More than 330,000 New Yorkers have used this new system to unlock more than $400 million in prior weeks’ benefits they had effectively left on the table.

Finally, the Department of Labor has also launched a new system that proactively and directly communicates the status of an individual’s unemployment insurance application via text and email. Since this system rolled out, hundreds of thousands of New Yorkers have received messages letting them know their application has been received, is being processed, and has become a payable claim.

SAM-NY seeks Federal Court injunction to stop new ballot access law

By Billie Owens

Press release:

On May 18 the Save America Movement -- SAM -- Party of New York filed a motion for a preliminary injunction in Federal Court, seeking to stop enforcement of a new ballot access law that would deprive it of its official status as a party in New York unless it runs a Presidential candidate in the upcoming November 2020 election.

In support of the requested preliminary injunction, SAM-NY and SAM-NY Chairman Michael Volpe argue that the Presidential candidacy requirement contained in New York’s newly amended election law violates the First and Fourteenth Amendment rights of SAM-NY and its members.

“New York recently made it much harder for an organization to qualify as a ‘party’ under its Election Laws,” the plaintiffs argue in their motion. “SAM and Volpe bring this action to declare the Presidential-election requirement unconstitutional as applied to SAM, and here seek a preliminary injunction to prevent Defendants from stripping SAM of its 'party' status after the November 2020 Presidential election.”

In 2018, the SAM-NY party ran candidates for Governor and Lt. Governor that received 55,041 votes, exceeding the threshold then required to give SAM-NY party status and automatic ballot status for four years, through 2022.

On April 3, however, New York law was changed and now requires any political party to receive greater than 2 percent of the votes cast or 130,000 votes, in the upcoming Presidential election, in order to hold onto its party status.

SAM-NY, which is affiliated with the national Serve America Movement, says in its filing that it has no intention or desire to run a candidate for President in 2020 and cannot constitutionally be forced to do so.

Ballot-access expert Richard Winger, publisher and editor of Ballot Access News, submitted a declaration in support of the injunction. Winger explained that “New York’s Presidential-election requirement places New York at the extreme of the ballot-access requirements of the 50 states. Requiring a political ‘party’ to participate in a Presidential election is extremely rare, and is among the most severe burdens placed on political organizations in this country.”

SAM-NY Chairman Volpe, in his declaration said, “[t]o have a chance to establish name and brand recognition as a ‘new kind of party’ and avoid getting prematurely embroiled in, or associated with one side or the other of, the ideological divide, SAM intends to continue to forego espousing substantive positions and nominating candidates for President.”

Volpe added that “the likelihood of a new candidate getting the greater of 2 percent of the vote or 130,000 votes in a hotly contested election is nearly zero.”

SAM-NY member and Assembly candidate Evelyn Wood filed a declaration in support of the motion.

“I understand that because SAM will not run a candidate for President it will lose its ‘party’ status after the November 2020,” Wood wrote. “That will only discourage qualified candidates for running for office and limit political discourse in the State.

"SAM’s ‘party’ status allows people like me, who are dissatisfied with the angry rhetoric of the major parties, to seek public office to represent people who are similarly dissatisfied with our politics today.”

SAM also argued that the newly adopted requirement of running a Presidential candidate is an unconstitutional burden for a brand new state party. According to the papers filed in support of the motion, the only justification ever suggested for requiring parties in New York to run candidates for President is that the new mandate is necessary to protect the solvency of a new public campaign finance system also established by the new law.

But, as SAM-NY pointed out, the new campaign finance system does not apply to federal candidates, let alone Presidential candidates. And the new restrictions on parties come into effect immediately while the new public finance provisions do not come into effect until Nov. 9, 2022, after the next Gubernatorial election.

SAM-NY offers New Yorkers a different approach to governing focused on transparency and accountability, rather than on ideology, and empowers its candidates and elected officials to serve the needs of their constituents and not be controlled by inflexible left/right political positions that are increasingly partisan.

Visit joinsamny.org for more information.

VIDEO: The Batavian Sessions: 'A' Blues Band 'Good Dogs'

By Howard B. Owens
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We recorded this song, "Good Dogs," with "A" Blues Band when thoughts of a pandemic weren't much on our minds, and before I could finish editing the session, coronavirus hit.

Welcome to spring. I hope you get plenty of time with your good dogs out in the fresh air. Thanks to Eli Fish for use of the space.

LIVE: Interview with Jason Smith, Batavia Concert Band

By Howard B. Owens
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Interview with Jason Smith, Batavia Concert Band.

Batavia school board passes $51.4 million budget; ballot vote set for June 9

By Mike Pettinella

The Batavia City School District Board of Education tonight unanimously passed its 2020-21 budget, a $51.4 million spending plan that does not raise property taxes but comes with personnel reductions that were made to close what previously was a $1.6 million shortfall.

Voting took place at the board’s videoconference meeting on its YouTube channel and all seven members cast a “yes” vote.

The board also voted on the district’s yearly capital outlay project, choosing to fund the replacement of exterior doors and landscaping at the Batavia Middle School on Ross Street. The other options were a new restroom at the Jackson Primary School gym and a new stage floor and new clocks at the Batavia High School auditorium.

Board members cited safety of the students as the main factor in selecting the middle school project.

The capital outlay project will cost the district only $10,000, with the other $90,000 covered by an aid appropriation.

A public hearing on the budget is scheduled for the board’s next meeting at 6 :30 p.m. June 2, and voting will take place by paper ballot on June 9.

Business Administrator Scott Rozanski said that ballots will be mailed to all eligible voters by the end of this week, and must be returned (in a provided postage-paid envelope).

The public also will vote on a $618,000 capital project to construct an age-appropriate playground at Jackson Primary School, he said.

Concerning the budget, the board was forced to make numerous spending cuts over the past few weeks due to a significant decrease in state aid and having to meet a “negative” tax cap figure.

It slashed about 30 positions – some full-time, some part-time, and some long-term substitutes – and followed that up by scaling back three BOCES programs.

Other cost-cutting measures included delaying equipment and supply purchases, putting a moratorium on conference attendance and holding off on the hiring of a second School Resource Officer.

At tonight’s meeting, Superintendent Anibal Soler Jr. reported that only about a dozen individuals will be losing their jobs due to shifting positions around, retirements and vacancies that won’t be filled.

Rozanski said not much has changed since the board’s last meeting two weeks ago.

“If the state reduces state aid – and there has been no notification as of today -- then the district will need to decide on further reductions or using more reserves,” he said.

Pertinent financial information can be found on the BOE’s website at www.bataviacsd.org, and then scroll over the District Information tab before clicking on the Board of Education tab.

The district's Property Tax Report Card will be posted on the website homepage's "Spotlight" section sometime on Wednesday.

Rozanski also said that a vote of the Batavia Teachers’ Association on changing the school day schedule has yet to take place, but “will not impact this budget, although it might assist moving forward if there are more state aid reductions.”

Soler has proposed altering the schedules at the four schools, a move that would save $200,000 in transportation costs by having to use fewer buses.

BTA President Mark Warren told The Batavian that a vote of employees who work at each of the schools will take place sometime next week and definitely by June 1. It is believed that each school would have to vote in favor of the schedule change for the measure to pass.

The proposed schedule change is as follows:

-- Putting Batavia High and Batavia Middle on a 7:30 a.m. to 2:15 p.m. schedule. Currently, the schedule at those two schools is 8 a.m. to 2:45 p.m.

-- Putting John Kennedy and Jackson on a 9 a.m. to 3:15 p.m. schedule. Currently, the schedule at those two schools is 8:15 a.m. to 2:30 p.m.

Board President Patrick Burk answered several questions he received via email from the public and invited people to submit questions to be addressed at the next meeting as well. To submit a question, send an email to:   bawitkop@bataviacsd.org and include your name, address and contact information.

In another development that hopefully will bring some joy to the seniors who have seen their school year cut short, Soler announced that the BHS Commencement is tentatively scheduled (contingent upon the COVID-19 situation) for 2 p.m. on Saturday, June 27 at Van Detta Stadium at Richmond Avenue and Union Street.

The superintendent also advised that the last day of remote learning will be June 17, thus fulfilling state and union contract requirements.

Public Health reports one new positive COVID-19 case in Genesee County

By Howard B. Owens

Press Release:

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 173 positive cases.
      • The positive case resides in Batavia.
      • The individual is in their 70s.
      • The newly positive individual was on quarantine prior to becoming symptomatic.
      • Two of the previous positive cases have recovered and have been released from mandatory isolation.
      • One of the total active positive cases is hospitalized.
    • Orleans County received two new positive cases of COVID-19, for a total of 169 positive cases.
      • Both positive cases are residents of Orchard Rehabilitation and Nursing Center
      • One individual is in their 60s and one individual is in their 70s.
      • One of the previous positive community cases have recovered and have been released from mandatory isolation.
      • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.           

 Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

Law and order: Harvester Avenue man stopped in Le Roy charged with intent to sell meth, two more felonies

By Billie Owens
   Alejandro Arteaga

Alejandro Andreseaga Arteaga, 22, of Harvester Avenue, Batavia, is charged with: criminal possession of a controlled substance in the third-degree -- methamphetamine, with intent to sell, a Class B felony; criminal possession of a weapon in the third degree, a Class D felony; driving while ability impaired by drugs -- with a previous conviction, a Class E felony; criminal possession of a controlled substance in the seventh-degree (marijuana), a Class A misdemeanor; using a vehicle without a required interlock device, a violation. On May 18, following a traffic stop on Lake Street in the Village of Le Roy during which a firearm and narcotics were allegedly found, Arteaga was arrested. It is also alleged that he had an open container of alcohol in the vehicle at the time. He was arraigned in Genesee County Court and released to Genesee Justice. He is due back in court at 2 p.m. on July 1. The case was investigated by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Le Roy Police Sgt. Greg Kellogg.

Tyshon L. Taylor, 23, of Walnut Street, Batavia, is charged with: aggravated family offense; third-degree criminal mischief; endangering the welfare of a child; and third-degree menacing. Taylor was arrested May 15 on the charges that stem from a domestic incident at 4 p.m. on May 14 on Walnut Street. It is alleged that Taylor cracked the windshield of his girlfriend's vehicle during an argument while her child was in the vehicle. While being taken into custody, he reportedly stated that he had been quarantined and "began intentionally coughing at officers." He was processed at Batavia Police Headquarters, arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice. He was held at Genesee County Jail on a Parole Detainer Warrant. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger, Officer Peter Post and Officer Alec Roberts.

Jason A. McFollins, 42, of North Spruce Street, of Batavia, is charged with criminal mischief and second-degree harassment. McFollins was arrested at 5 a.m. on May 17 on Ellsworth Avenue, Batavia, following a domestic incident. It is alleged that he damaged property and struck another person during the incident. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kaitlyn M. Rector, 22, of Liberty Street, Batavia, is charged with second-degree harassment. Rector was arrested following an investigation into a domestic incident that occurred at 10:41 p.m. on May 16 on Liberty Street. It is alleged that she struck another person during the incident. She was arraigned in Batavia City Court and is due to return there on July 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Cronmiller.

Kelli E. Wallace, 57, of Swan Street, Batavia, is charged with endangering the welfare of a child. The defendant was arrested following the investigation into a physical altercation between two people under age 17 that occurred at 1:06 p.m. on May 8 on South Jackson Street in the City of Batavia. It is alleged that Wallace was present at the altercation and encouraged the physical altercation to occur. She was issued an appearance ticket and is due in Batavia City Court on June 23. The case was handled by Batavia Police Sgt. Dan Coffey.

Stephen Vance Recco, 29, of Vine Street, Batavia, is charged with fourth-degree criminal mischief -- intentionally damaging property. It is alleged that Recco intentionally smashed a laptop belonging to his roommate after a dispute at 10:45 a.m. on March 28 on Vine Street. He was processed at Batavia Police Headquarters, then issued an appearance ticket returnable to Batavia City Court on June 9. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Nicole McGinnis.

Matthew Jacob Reid, 26, of Buck Road, Warsaw, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance in the seventh degree, and moving from lane unsafely. Reid was arrested at 11:30 p.m. on May 16 on Telephone Road in Pavilion after a single motor-vehicle accident. It is alleged that he possessed a controlled substance at the time. Reid is due in Pavilion Town Court on June 9 to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

William George Silpoch, 46, of Ridge Road, Holley, is charged with driving while intoxicated and resisting arrest. He was arrested at 7 p.m. on May 14 on Sautell Road in Bergen after he allegedly drove a motor vehicle and then passed out in the vehicle in the driveway of a residence. He allegedly resisted arrest while being taken into custody by Sheriff's deputies. Silpoch was issued an appearance ticket returnable to Town of Bergen Court on July 8. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assistef by Deputy Erik Andre.

Tina M. Caracci, 49, of Hilltop Road, Rochester, is charged with driving while intoxicated and aggravated DWI -- with a BAC of .18 or higher. Caracci was arrested at Richmond Memorial Library, 220 Richmond Ave., Batavia, after a complaint. She was processed at Batavia Police Headquarters and released. She is due in Batavia City Court on June 3. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Kahel S.D. Suttles, 23, of Dodge Street, Buffalo, is charged with criminal possession of stolen property in the fifth degree and possession of burglar's tools. Suttles was arrested for allegedly taking items during a larceny at a store on Veterans Memorial Drive in Batavia at 5 p.m. on Feb. 23. The defendant was arrested at mile marker 397.6 on the Thruway and is scheduled to be arraigned in Town of Pembroke Court on June 23. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore and Deputy Kyle Krzemien.

Matthew C. Olcott, 41, Clinton Street Road, Batavia, was arrested on three bench warrants out of Batavia City Court following a traffic stop (location not disclosed) by the New York State Police and Genesee County Sheriff's deputies on May 13. He was arraigned in Alabama Town Court at 12:15 a.m. May 14 and released on his own recognizance. He is due to return to Batavia City Court on June 23. The case was handled by Batavia Police Officer Sean Wilson.

ZAP!: 'Pulsed xenon disinfection robot' to be deployed at Batavia VA Medical Center to kill SARS-CoV-2 virus

By Billie Owens

Press release:

VA Western New York Healthcare System is the first health care system in Western New York to use the pulsed xenon disinfection robot, the first and reportedly only ultraviolet (UV) disinfection technology proven to deactivate the actual SARS-CoV-2 (Severe Acute Respiratory Syndrome coronavirus 2).

The disinfection robot destroys SARS-CoV-2, which is the virus that causes COVID-19, in two minutes on surfaces and is a critical and necessary step to protect health care workers and patients in a quick and effective manner. 

Xenex Germ-Zapping Robots™ use a xenon lamp to generate bursts of high intensity, full germicidal spectrum UVC light that’s more intense than sunlight. This process used by the robots, quickly deactivate viruses, bacteria and spores where they are most vulnerable without damaging hospital materials or equipment.

The robots work quickly, allowing dozens of rooms to be disinfected per day per robot, supplementing other hospital disinfection methods. Published peer-reviewed studies also show a significant reduction in other infections such as Clostridium difficile (C. diff), MRSA, VRE and/or Surgical Site Infection (SSI) rates after integrating the robots along with other disinfection efforts.

Each robot costs approximately $100,000 made possible by the Coronavirus Aid, Relief and Economic Security Act or CARES Act, signed into law March 27, to protect America’s veterans.

VA Western New York Healthcare System currently has two robots with two additional robots on order.

A VA spokesman in Buffalo told The Batavian today that one of the robots will soon be deployed at the Batavia VA.

“Using the latest technology to combat the virus allows us to improve staff efficiency and disinfection effectiveness,” said Danielle Bergman, acting associate director. “Protecting patients and employees is paramount, especially during this challenging time.”

Video: Gov. Andrew Cuomo's briefing for May 19, 2020

By Howard B. Owens

Press release:

  • Capital Region joins Western New York, Central New York, North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions, which have met the seven metrics required to begin reopening.
  • Nassau County is now eligible to resume elective surgeries and ambulatory care.
  • Announces collaboration with GNYHA & HANYS to implement a two-week hospital visitation pilot program in 16 hospitals across the state to allow increased visitations for family members.
  • State will allow Memorial Day ceremonies with 10 people or less.
  • Calls on FDA to make sure that pharmaceutical corporations that produce a COVID-19 vaccine release the rights to provide for immediate widespread distribution.
  • Confirms 1,474 additional coronavirus cases in New York State -- bringing statewide total to 352,845; new cases in 42 counties.

Amid the ongoing COVID-19 pandemic, Governor Andrew Cuomo announced that the Capital Region has met all seven metrics required to begin phase one of the state's regional phased reopening plan starting tomorrow, joining the Western New York, Central New York, North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions.

The Capital Region has now identified enough contact tracers to meet the state's guidelines, and the tracers are being trained today in preparation for Western New York entering phase one, which includes construction; manufacturing and wholesale supply chain; retail for curbside pick up and drop off, or in-store pick up; and agriculture, forestry and fishing.

Business guidance for phase one of the state's reopening plan is available here. A guide to the state's "NY Forward Reopening" Plan is available here. The state's regional monitoring dashboard is available here.

Governor Cuomo also announced that Nassau County is now eligible to resume elective surgeries and ambulatory care. The Governor previously announced that the state will allow elective outpatient treatments to resume in counties and hospitals without significant risk of COVID-19 surge in the near term, and a total of 50 counties can now resume elective surgeries.

The Governor also announced a collaboration with the Greater New York Hospital Association and the Healthcare Association of New York State to implement a two-week hospital visitation pilot program in 16 hospitals across the state to allow increased visitations for family members and loved ones. As part of the pilot program, visits will be time limited and visitors will be provided with and must wear PPE and are subject to symptom and temperature checks.

The Governor also announced the state will allow Memorial Day ceremonies of 10 people or less statewide, with final decisions about ceremonies being left to local governments. The Governor also encouraged vehicle parades in honor of veterans for Memorial Day.

The Governor also called on the FDA to take steps now to make sure that pharmaceutical corporations that produce a COVID-19 vaccine release the rights to the vaccine to provide for immediate widespread distribution and help ensure the vaccine is available to all individuals.

"As more regions and businesses across the state become eligible to begin reopening, New Yorkers are getting excited, but we must not forget the hard work we've done and the pain we've experienced for the last two months," Governor Cuomo said. "Everything that we did -- the closings, social distancing and other measures -- were tough but necessary, and because of it we saved lives and we flattened the curve.

"If you look at the curve in New York compared to the rest of the nation, we're going down while the curve is still going up in many other regions. We must continue to do everything we've been doing even as we begin to reopen and remember the lessons we've learned through all of this."

VIDEO: Alexander Class of 2020 receive gift baskets from the community

By Howard B. Owens
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With all of the traditional ways seniors celebrate and commemorate their final year of high school canceled because of the COVID-19 pandemic, a group of parents in and community members in Alexander came together to provide gift baskets to the Class of 2020.

Byron-Bergen Faculty Association ponies up $3,100 to help stock the North Bergen Community Food Pantry

By Billie Owens

From Reverend David Fish, North Bergen Presbyterian Church:

Bergen – The North Bergen Community Food Pantry, a partner of FoodLink, opened its doors in the summer of 2019. Founder and coordinator Reverend David Fish said he knew that there was community need, but could not have anticipated the unusual circumstances brought on by COVID-19.

Since food pantries nationwide are receiving an increase in requests from families, the Byron-Bergen Faculty Association (BBFA) decided to collect monetary donations from faculty and staff to support the local community.

On April 30, Rev. Fish received a check for $3,100 from the BBFA.

“There are no words to express how appreciative I am for this generous donation,” Rev. Fish said. “The donated funds will be used to purchase food for the pantry, to feed our community, and find ways to reach out to those living in poverty. It is truly a donation that stays in the neighborhood.”

“The BBFA and its members have a long-standing tradition of helping people in the community when it is needed most,” said Byron-Bergen Social Studies teacher and BBFA President Ken Gropp.

“In this unprecedented situation, the BBFA members and the District's administrative team saw an opportunity to provide assistance where it was most needed in our community. All of us care deeply about our students and their families. This was a great opportunity for all of us to continue to show it.”

The idea was originally brought to the BBFA by Jr./Sr. High School Music teacher Lawrence Tallman.

“When they announced the need for donations back in March, I decided to share it with the faculty in hopes that we may receive some canned goods and nonperishables,” Tallman said. “I knew we had a generous faculty, but this generosity really overwhelmed and humbled me. It makes me so proud to be a part of this district!”

In less than a year, the North Bergen Community Food Pantry grew from serving fewer than 20 people to hundreds. Last month, the food pantry distributed food to more than 200 people.

At a time of heavy layoffs and social distancing, Rev. Fish has seen many new faces as well as familiar faces coming more often.

“I want people to feel safe and know that there is no judgment,” Rev. Fish said. “This is exactly what we are here for. It is important to feed people.”

For more information on the North Bergen Community Food Pantry call "Pastor Dave" Fish at (585) 290-5487, or visit the North Bergen Presbyterian Church's Facebook Page.

Pictured: North Bergen Community Food Pantry. Photo credit: Reverend David Fish.

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