Title 42, enacted during the COVID-19 Pandemic, allowed the U.S. government to turn away migrants at the border, including asylum-seekers.

Hochul’s executive order will provide the State with greater flexibility to procure the resources necessary for municipalities to support asylum seekers while also allowing the State to mobilize 500 members of the National Guard service who are providing logistical and operational support.

It will also allow the State and localities to quickly purchase necessary supplies and resources, including food and equipment.

The order will also prevent hotels, hospitals and other facilities providing care for migrants from being considered their landlord, which means the state’s current tenant protections wouldn’t apply.

Governor Hochul said in a release that she has consistently pushed for additional federal support, specifically regarding funding and shortened waiting periods before asylum seekers can legally work.

She added that her administration has raised this issue directly with President Biden, Department of Homeland Security Secretary Alejandro Mayorkas, and other top advisors.

U.S. Senator Kirsten Gillibrand (D-NY)

U.S. Senator Kirsten Gillibrand, joined by other Senators, has introduced bipartisan legislation to create a taskforce conduct a comprehensive investigation into the COVID-19 pandemic.

The 9/11 Commission-style task force would investigate the origins of the pandemic, the U.S. response, availability of medical supplies and other resources, public health messaging, the government’s role in the development and distribution of vaccines, and more.

The task force would have the authority to hold hearings, take testimony and issues subpoenas. It would be comprised of 10 members, 5 appointed from each party. The task force would submit an interim report to Congress and the president within one year, and a final report within 20 months of its initial meeting.

The National Task Force on the COVID-19 Pandemic Act is led by Senators Gillibrand, Roger Marshall, Dianne Feinstein, and Joni Ernst and is co-sponsored by Senator Bob Casey.

Department of Motor Vehicles

New York motorists who skipped a vision test when renewing their drivers licenses during the pandemic risk having their licenses suspended.

The State Department of Motor Vehicles has sent warnings to nearly 150,000 drivers who took the option to defer — but not skip — the vision test requirement.

The DMV has sent repeated notices to affected drivers over the last two years and a more urgent notice in recent days.

The COVID-19 pandemic had forced the closing of many DMV offices; many eye doctors’ offices were also closed at the time. To reduce lines at DMV offices, the state allowed drivers to “self-certify their vision” when renewing online a license that expired between March 1, 2020, and August 31, 2021.

Drivers who received the recent notices to get eye exams have several options. They may submit proof of a vision test already taken, submit proof of a vision test by a provider on the DMV’s list of approved providers, see a provider not on the list by having the provider complete a Vision Test Report, go to a DMV office to complete the test, or visit the DMV website for a different process to renew a commercial driver’s license

For more information and for forms, visit dmv.ny.gov

The grant comes from the United States Department of Treasury through the Community Development Financial Institutions Equitable Recovery Program (CDFI ERP). This award assists with the economic recovery from the COVID-19 pandemic and invests in long-term prosperity.

The grant funds may be used to support lending related to small businesses and microenterprises, community facilities, affordable housing, commercial real estate and intermediary lending to non-profits and CDFIs.

The funds can also be used for financial services, development services to support borrowers and operational support for the CDFI grant recipient.

To learn more about the CDFI Fund and its programs, visit the CDFI Fund’s website at www.cdfifund.gov.

The JLDC Board of Directors during its most recent meeting in February. The JLDC is comprised of elected city officials and community stakeholders and is considered the economic development lending arm of the city.

JAMESTOWN – Last year the Jamestown Local Development Corporation (JLDC) became one of the most powerful government agencies in Chautauqua County when the city of Jamestown charged its board with appropriating nearly $9 million in federal American Rescue Plan Act (ARPA) moneys aimed at economic development, primarily to assist businesses and organizations impacted by the COVID-19 Pandemic. Another $2.9 million in ARPA funds was appropriated to JLDC to assist with residential property improvements and to also update city code.

• REVIEW ALL CITY ARPA SPENDING TO DATE

All that funding is also required to be spent in a relatively short period of time – just under four years and counting. As a result the JLDC is busier now compared to any other time in the 40+ years of its existence.

But in the haste of getting millions of dollars out the door the JLDC board appears to have run afoul of its own bylaws by awarding moneys to businesses directly connected to two of its members.

Jeffery Russell

One of those businesses is It’s Your Day wedding planning service which received a $64,000 grant from the JLDC Building Acquisition & Business Expansion program, funded by ARPA money. The owner of that business is the wife of JLDC Board Member Jeffrey Russell, who also serves on the Jamestown City Council. Russell joined the JLDC board at the start of 2022.

The other business is Jamestown Skate Products. That business is owned by JLDC Board Member Pete Schiera, who was appointed to the board as a city at-large representative in 2020. Jamestown Skate Products received a $15,000 grant through the JLDC Downtown Small Business Evolution program, also funded with city ARPA money.

In both instances, neither Russell or Scheira voted when it was time to award the money for their respective business interests. In fact, neither was in attendance for the respective voting session when the awarding of the money took place. However, JLDC bylaws – which govern how the corporation must function – prohibit the awarding of loans or grants for any business in which a sitting board member (or immediate family member) owns a material interest (Article VII, Section 5).

WRFA looked into the matter and spoke with Jamestown Mayor Eddie Sundquist, who serves as JLDC board president. He was joined by city development director Crystal Surdyk. The two explained that their interpretation of the law is that the JLDC bylaws only apply in situations when JLDC awards grants or loans from its own funding pool. But because JLDC is only serving as a pass-through agency to administer the city’s ARPA money, the bylaws do not apply. Instead, any business can qualify so long as any board member with a conflict of interest recuses himself or herself from the vote.

That explanation was verified by Russell, who informed WRFA via email that he was told that his wife’s business could still apply for funding, as long as he didn’t vote on the matter.

“Like so many other businesses during Covid my spouse’s was decimated by the mandatory shut downs for those deemed to be non essential,” Russell explained. “Upon submission of her application for ARPA funds I asked for an opinion on the matter. I was advised that the ARPA funds are NOT JLDC funds directly and JLDC is acting as a pass through in the allocation of the funds. I was advised she could apply, but I must recuse myself during the voting session.”

Schiera also explained to WRFA that he was unaware of the stipulation in the bylaws and that it didn’t come up during his application process. Again, he was informed that as long as he recused himself, there was no conflict of interest or impropriety.

While it is true that Jamestown City Council authorized JLDC to administer the ARPA money as a pass-through agency, the same can be said for other federal moneys administered by JLDC, including the federal Urban Development Action Grant, awarded to the city decades ago. In that case, the money was also presented to the city of Jamestown, which authorized JLDC to utilize it as part of its low-interest revolving loan fund for businesses. Whenever money from that fund is appropriated by the JLDC board, it’s required to follow the rules of its bylaws.

Also worth noting is that while the JLDC ignored the bylaws when it came to voting on funds for its own members, it followed the bylaws when it came time to appropriate ARPA funds over $100,000 – which require final city council review and approval.

WRFA did reach out to city attorney Elliot Raimondo via email and asked what the basis was for city’s interpretation that no bylaw violation took place, but he did not respond.

Beyond the likely violation its own bylaws, the JLDC board may have also violated Article 18 of the State General Municipal Law, which prohibits municipal officers from receiving public money they oversee and that “there are no exceptions for when an individual discloses his or her interest, recuses him or herself or abstains from the discussion or vote on a matter.”

There’s also the question of if the awards violated federal law, if the terms of the grant award includes language similar to what is in state law.

There was also a third award of ARPA funding that also created a conflict of interest with a board member. During its most recent meeting, the JLDC unanimously approved a $9,500 grant for a fundraising concert at St. Luke’s Episcopal Church. That funding came from the JLDC Downtown Programming & Events program. Luke Fodor is a JLDC board member and also an employee of the church. When it came time to vote on the project, Fodor recused himself. City officials again contend that was all that was required, especially since Fodor doesn’t own any material interest in the church. But city property owner Tom Andolora recently voiced his disapproval of the matter during this week’s council meeting, via a letter that was read out loud by the city clerk.

“How is it possible that a member of the board can sit there, while the rest of the members vote to benefit the organization he leads? Of course Luke recused himself from the vote. Do the rest of you who are on the JLDC board understand how this looks?”, Andalora asked. “How is it possible that a member of the board can be so brazen as to fill out and sign an application himself? This goes beyond ‘conflict of interest’.”

WRFA did speak with other JLDC board members and asked if they were aware of the bylaw provision that disqualified them from receiving public money they oversee. Council president Tony Dolce, who has a seat on the JLDC board, said he was told a recusal was all that was necessary to avoid conflict of interest. When asked if the bylaws were ever brought up, he said they had not.

WRFA also reached out to Councilwoman and 2023 mayoral candidate Kim Ecklund for this story but she was unavailable for comment. Ecklund also has a seat at the JLDC table because she is the council’s finance chair.

WRFA did seek out opinions on the matter from state agencies. The State Authorities Budget Office – which is responsible for making public authorities more accountable – said it could not issue a formal legal opinion on the matter, but did say they do accept complaints for public authorities like JLDC, and do review and investigate those complaints as they come in. The State Comptrollers Office indicated it was aware of the situation and was monitoring, but had no other comment at this time.

Letitia James

A nationwide shortage of cold, flu and fever medicines for children is causing some drug store chains to limit purchases of the products amid a “tripledemic” this holiday season.

The “tripledemic” of COVID-19, RSV, and the flu is causing a run on children’s pain relievers like acetaminophen and ibuprofen.

To combat part of the problem, the U.S. government released reserves of Tamiflu. CVS, Target and Walgreens are limiting purchases of over-the-counter children’s medication to prevent stockpiling.
CVS has a two-product limit in-store and online. Target placed a two-product limit for online purchases. And Walgreens is allowing customers to purchase six products per online transaction.

New York Attorney General Letitia James cautioned consumers and businesses of price gouging of children’s painkillers and fever reducers as demand increases for those medications.

The Office of the Attorney General (OAG) is aware of reports of children’s medication being sold online and in stores at prices two or three times their retail value. James urges New Yorkers to be on alert for potential price gouging of medications including Tylenol, Motrin, and acetaminophen, ibuprofen, and aspirin sold under other brand names, and to report any dramatic price increases to her office.

New York law prohibits merchants from taking unfair advantage of consumers by selling goods or services that are vital to their health, safety, or welfare for an unconscionably excessive price.

When reporting price gouging to OAG, consumers should:
– Report the specific increased prices, the dates, and places that they saw the increased prices, and the types of medication being sold; and,
– Provide copies of their sales receipts and photos of the advertised prices, if available.

New Yorkers should report potential concerns about price gouging to OAG by filing a complaint online or calling 1-800-771-7755.

CDC Director Dr. Rochelle Walensky said wearing a mask is one of several everyday precautions that people can take to reduce their chances of catching or spreading a respiratory virus during the busy holiday season.

The CDC director said the agency is considering expanding its system of COVID community levels to take into account other respiratory viruses such as the flu. The system is the basis for when CDC advises the public to wear masks.

Walensky encouraged people to take proactive action, saying, “One need not wait on CDC action in order to put a mask on. We would encourage all of those preventive measures — hand washing, staying home when you’re sick, masking, increased ventilation — during respiratory virus season, but especially in areas of high COVID-19 community levels.”

The CDC continues to recommend masking for anyone travelling by plane, train, bus or other forms of public transportation.

People with weak immune systems and those who otherwise face a heightened risk of severe disease should also consider wearing a mask.

Walensky strongly encouraged everyone eligible to receive their flu shot and COVID booster. She said flu vaccination coverage is lagging for at-risk groups — children under age 5, pregnant women, and at-risk seniors — compared with last year. There is no vaccine for RSV.

In New York State, 27,000 cases of the flu were reported during Thanksgiving week. This is compared with a then-record-breaking 2019-20 season had a peak of about 17,000 cases in its worst week.

The 27,000 cases in the week ending November 26 had already spiked 76% from the week prior. During that same period, the number of patients hospitalized statewide with lab-confirmed flu was 1,499, a 67% increase over the prior week.

The bill requires residential health care facilities to swiftly update residents as well as their family members and guardians when an infection is detected within the facility. It also requires nursing homes to have a plan in place to accommodate exposed or infected residents to stop the spread of the infection.

The legislation is in response to the COVID-19 Pandemic when nursing homes found themselves unprepared for the public health emergency.

Dr. Lillian Ney (photo courtesy of Jamestown Community College)

The Chautauqua County Board of Health President is expressing concern for the County Health Department with the departure of Christine Schuyler.

Schuyler’s last day as Director of the County’s Department of Health and Human Services was Tuesday, November 29 following Chautauqua County Executive PJ Wendel‘s decision not to renew her contract.

Health Board President Dr. Lillian Ney said she learned from local school district representatives who attended the Board of Health’s meeting Monday, November 28 that Schuyler was an incredible asset to districts in the county during the COVID-19 Pandemic, “The State Health Department was changing rules right and left, and guidelines right and left. It was very confusing. It was a dilemma. It was a tremendous dilemma. And she (Christine) had a calming and common sense of approach to it that the schools really, really appreciated. And as the time grew nearer for her leaving, they were reaching out and saying, ‘Oh my goodness. What are we to do now?'”

Ney said one of her concerns is that there are three major illnesses going on in the public health arena currently with the surge in Influenza A cases, an increase in RSV, as well as COVID still being an issue in the county, “And now we have a deficiency I say, I don’t know if that’s the right word. But we’ve lost two outstanding performers in the Health Department. One is Christine, because Christine is now gone. And Bree Agett, who was our epidemiologist, who is really outstanding as well, she’s now gone. And I just heard yesterday, much to my despair I guess I would say, that we’re losing another of our outstanding nurses.”

Ney added that it is difficult to recruit people to work for the Health Department and that she prays there isn’t another major public health problem, “You know, to recruit to the Health Department at that level in terms of Christine’s ability and Bree Agett’s ability in epidemiology, how are we going to find folks like that in the county? Thankfully, Dr. Michael Faulk, who is a great guy, is going to be chairing the department. I think it’s on an interim basis for now perhaps, but more than likely maybe more going forward.”

Wendel has said further details about the reorganization of the Department of Health and Human Services with the Department of Mental Hygiene are expected in early 2023.

Governor Kathy Hochul discusses upper respiratory viruses on the rise

The New York State Department of Health is warning that COVID-19, Seasonal Flu and Respiratory Syncytial Virus cases are rising in the state.

Health officials say as respiratory virus infections spread this fall and are expected to continue through the winter, they’re urging people to take steps to help stop the spread.

Earlier this fall, the State Department of Health (DOH) issued a Health Advisory Notice regarding respiratory illnesses to hospitals, local health departments, and other medical facilities. While not specific to any one virus, the notice highlighted increased hospitalizations from these types of illnesses and provides federal resources.

Governor Kathy Hochul said, “Our best shot at protecting ourselves and fellow New Yorkers from respiratory illnesses continues to be getting vaccinated, staying up to date on boosters, and practicing good hygiene.”

The flu vaccine is available to anyone 6 months or older, and is strongly recommended for people with chronic diseases, young children, and individuals who are pregnant – all of whom have a higher risk of developing serious complications from influenza.

Health officials say the best defense against respiratory viruses is to receive the seasonal flu and COVID vaccines, stay up to date on COVID-19 boosters, practice social distancing, wear masks in crowded settings, and use proper hygiene, including frequent hand washing.

The Department of Health is monitoring regional hospital capacity and engaging hospital and health care systems that may be seeing larger than normal patient volumes in their emergency departments and inpatient units. If you are sick and exhibiting symptoms of a respiratory virus, consult your primary care provider.