PJ Wendel

Chautauqua County Executive PJ Wendel has declared a State of Emergency that bars housing additional immigrants in the county.

Wendel said the order is in response to New York City’s announced intentions to send migrants and asylum seekers to other counties in the state.

Declaration of State of Emergency

State of Emergency Order

State Senator George Borrello also sent out a statement opposing Governor Kathy Hochul‘s proposal to house migrants at SUNY Schools, saying, “I don’t believe her when the Governor says housing migrants at SUNY campuses is a temporary solution. Migrants processed into the U.S. as asylum seekers earlier this week were given immigration court dates more than a decade away. Once these migrants are brought to SUNY campuses, neither the Governor nor anyone else knows how long they will be there.”

Borrello went on to say that communities that never declared themselves as sanctuary communities shouldn’t be forced to accept migrants.

The County Executive said in a press release, “In December 2016, New York City declared itself a Sanctuary City dedicated to supporting undocumented individuals. Over the past several months, thousands of asylum seekers have been arriving in the City, which is now so overwhelmed that it is trying to move these individuals to other counties that do not have the infrastructure to care for them, especially since social services funding is not available to undocumented individuals. While we support the families who have already migrated to our County, we lack the services and funding required to assist additional individuals.”

The state of emergency was issued Thursday, May 18 and remains in effect for 30 days, at which time it may be extended.

The order prohibits other municipalities from bringing and housing people in the County, prohibits hotels and motels from housing immigrants without a license, and requires any municipalities that might bring migrating or asylum-seeking people into Chautauqua County to ensure they will be fully cared for and paid for.

Chautauqua County joins other counties in New York State with issuing these emergency orders including most of Western New York, excluding Erie County, as well as Broome, Nassau, Oneida, Onondaga, Orange, Oswego, Rockland, and Suffolk counties.

WRFA’s Julia Ciesla-Hanley speaks with State Senator George Borrello about his reaction to the 2024 State Budget.

George Borrello

George Borrello

State Senator George Borrello has introduced legislation that would prohibit the use of fossil fuels in the manufacturing of renewable energy equipment.

Borrello said emission-producing energy sources are often used to manufacture green energy sources like wind turbines, solar panels and electric cars.

He gave the examples of coal used to create steel for wind turbines and the extraction of rare earth minerals for solar panels.

Borrello said the environmental toll of production and delivery is at odds with the state’s climate agenda goals.

He also noted that the mining of rare earth minerals used in the manufacturing of renewable energy equipment sometimes involves child and slave labor.

Borrello’s legislation would require that the manufacture and distribution of electric vehicles, wind turbines, solar collectors and infrastructure to upgrade the power grid is conducted using only wind and solar energy and does not use any power derived from fossil fuels, nuclear energy or any form of combustion.

It is currently in the Senate Energy and Telecommunications Committee for review.

New York State Capitol

After a month and a day late, New York State finally has a 2024 budget.

The State Legislature finished passing budget bills late Tuesday night for the $229 billion spending plan.

Governor Kathy Hochul was successful in getting changes to bail reform that expands bail consideration for judges.

However, her Housing Compact plan was put on the back burner for further post-budget discussion.

The approved budget also includes more than $34 billion increase in school aid. Jamestown Public Schools will receive $9.5 million more in foundation aid, for total state aid funding of $83,706,514.

New York State of Polictics reports the budget will raise the minimum wage in Upstate New York to $16 in 2026 and index the base pay to the rate of inflation.

The budget does not raise the personal income tax.

A planned ban on natural gas hookups in new construction also passed.

State Senator George Borrello issued a statement calling the budget a “bad budget” that ignores affordability and public safety. On the bail reform change, Borrello said, “The promised changes are nothing but a shell game that will do nothing to reverse the tide of rising crime. Ninety percent of crimes are still not eligible for bail. Judges still do not have the discretion they need to hold dangerous individuals, despite rewording of the ‘least restrictive’ standard.”

New York State Assembly Chambers

The New York State Budget won’t be finalized until at least April 10 after Governor Kathy Hochul and the State Legislature agreed to an extension.

Hochul said in a statement, “New Yorkers are concerned about public safety, the rising cost of housing, and ensuring high-quality schools for all our kids, and any budget deal must make progress on these core issues. I have been negotiating in good faith with the legislature, but it is clear there is more work to be done before we reach an agreement.”

Issues holding up the budget from being passed includes Hochul’s proposals to further revise the state’s 2019 bail reform laws and to enact a plan to address the affordable housing crisis by building 800,000 new dwelling units over the next few years.

The bail reform revisement is the biggest issue with Hochul proposing to eliminate the requirement that judges use the “least restrictive means” when deciding whether to hold someone accused of a crime before they go on trial.

Democrats, who lead both houses, are firmly against this.

State Senator George Borrello called the budget process dysfunctional as a result of one-party rule in Albany, saying in a statement, “Nothing illustrates those failures more plainly than the inability to get a budget passed on time. While those in power regularly proclaim New York State to be a model for its peers, a corrupt, behind-closed-doors budget process and irresponsible, unsustainable $230 billion budget is hardly an example to follow. ”

Legislators will return to Albany the day after Easter to continue budget deliberations.

The above marker is affixed to a memorial bench on the Pennsy Tracks walking trail dedicated to Penny Brown.

The convicted murderer of a Salamanca woman has been released from prison, but has not been released in Western New York.

The New York State Department of Corrections and Community Supervision said Edward Kindt, who was convicted for raping and murdering Penny Brown in Salamanca in 1999 when he was 15 years old, was released from prison Thursday and taken to Dutchess County.

It’s not clear if he’ll face parole-related restrictions. Kindt, who is Seneca, was recently banned from all Seneca Nation territories for at least a year.

Kindt, who is now 39, was granted parole on February 17 after being denied multiple times in the past. He was originally sentenced to nine years to life in prison until former State Senator Cathy Young helped pass Penny’s Law, which increased the second-degree murder sentence for someone under 16 years old to 15 years to life.

State Senator George Borrello released a statement, saying, “In a call this morning with the Department of Correction and Community Supervision (DOCCS) Acting Commissioner Anthony Annucci, I learned that killer Edward Kindt has been released on parole to an undisclosed location in Duchess County. While I am glad he has not been released into the community where he caused so much pain, this sexual predator and murderer remains a threat to the safety of all New Yorkers and should be spending the rest of his natural life behind bars. ”

Borrello added that he believes Governor Kathy Hochul should replace State Parole Board members with members “who will choose public safety over politics.”

The above marker is affixed to a memorial bench on the Pennsy Tracks walking trail dedicated to Penny Brown.

State Senator George Borrello is urging the State Parole Board to reconsider the approval of the release of a man who killed a Salamanca woman.

Edward Kindt was convicted of the rape and murder of Penny Brown on Mother’s Day in 1999.

Because he was 15 at the time of the killing, he was spared a life term on his plea to second degree murder and sentenced to nine years to life in prison, the maximum sentence available for a juvenile at the time.

Following the conviction, the State Legislature closed the loophole in the law that prevented Kindt from being charged as an adult with the 2003 passage of “Penny’s Law.” That statute raised the sentence for 14- and 15-year-olds convicted of second-degree murder.

Senator Borrello stressed the harm of the decision to release Kindt and urged the Parole Board and state leaders to show more concern for victims and public safety, saying, “I’ve written to the Parole Board about this travesty and requested that they reverse this terrible decision in the name of justice and the safety of the community. Penny Brown’s family has suffered more than we can imagine and deserve better than to have to live with the knowledge that this dangerous killer is out in society, free to victimize others. He should never walk free again. The Parole Board and our state leaders need to get their priorities straight. There is an unreasonable concern for the rights and freedoms of violent criminals and none for crime victims and public safety.”

State Senator George Borrello speaking on lawsuit against NYS Dept. of Health (April 2022)

The State Attorney General’s Office has appealed a State Supreme Court ruling that said the State Department of Health exceeded its authority by using rulemaking process for isolation and quarantine procedures.

The lawsuit against the State Department of Health had been brought by State Senator George Borrello and others in regards to the enactment of a state DOH regulation that establishes isolation and quarantine procedures for those who are suspected of having a communicable disease. The proposed regulation was adopted as an emergency regulation on February 22, 2022 and has been renewed at 90-day intervals through July 20, 2022. It has also been published in the New York State Register for permanent adoption through the rulemaking process.

The proposed rule would allow the Health Department to coordinate with a local health authority to mandate isolation and quarantine for individuals exposed to communicable diseases, even in locations beyond their own homes.

Cattaraugus County State Supreme Court Judge Ronald Ploetz issued a ruling on July 8, 2022 that cited the fact that there is already established Public Health Law governing isolation and quarantine which balances individual rights and the need for public safety.

He notes that in Rule 2.13 there is “no such due process protections…The Commissioner has unfettered discretion to issue a quarantine or isolation for anyone, even if there is no evidence that person is infected or a carrier of the disease… Involuntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures… Rule 2.13 merely gives “lip service” to Constitutional due process.”

In response to the state’s appeal, State Senator George Borrello issued a statement saying the state’s appeal is “disappointing, but not a surprise,” calling their actions, “.. an egregious waste of taxpayer dollars and an attempt to defend an indefensible policy. The constitutional separation of powers and the right of due process are principles that cannot be compromised.”

TCC CEO Mike Pease said through the 340b program, TCC has the ability to offer prescriptions at a greatly reduced price for patients, “And the second thing is, it offers another form of income for organizations like us as well as other health centers, hospitals systems, Ryan White clinics, most of us participate in this program. And we reinvest those dollars into programs like care coordination, case management, transportation, translation services – things we don’t traditionally get reimbursed for.”

Pease said while this is a federal program, former Governor Andrew Cuomo‘s 2021 budget introduce a measure to “carve out” the savings healthcare facilities receive and directed it back into the state coffers. That measure was put on hold due to the Pandemic, but is now part of Governor Kathy Hochul‘s budget and is set to go into effect April 1.

Pease said if this goes forward, it means a loss of over $2 million for TCC. According to a report by Buffalo Business First, Buffalo-based Evergreen Health could see $13 million in annual losses to its $117 million budget due to the changes. Business First reports that the change is expected to usher in a $250 million funding loss statewide, and hospitals across New York are predicting losses of $240 million. Pease said this also would affect UPMC Chautauqua and Brooks Memorial Hospital who have their own pharmacy programs.

Pease said TCC is part of the Save New York’s Safety Net Coalition, which has come up with an alternative proposal for the State Legislature, “On how we could continue to get the benefit of the program as health centers but also we would ensure that the program’s guidelines are being met from the standpoint of reinvesting those dollars into programs that are supportive, things like that. So, there is a way that this could benefit both the state, the community – which is the most important, as well as us as providers of those services.”

Pease added that both State Senator George Borrello and Assemblyman Andy Goodell have been supportive of the continuance 340b program.

George Borrello

Agriculture buildings, such as barns, are now exempt from a natural gas ban proposed in the New York State executive budget.

State Senator George Borrello advocated that the change be made to Governor Kathy Hochul‘s 30-day amendments.

Borrello said in a statement, “Anyone who has spent time on a farm knows that barns and agricultural facilities must have access to affordable, reliable energy sources like natural gas in order to operate. The original Executive Budget proposal raised tremendous concerns in the agricultural community about how they would run their operations if they were included in the bans. In most cases, rural and remote areas lack the infrastructure needed to electrify farm buildings and equipment.

With so many farmers already struggling in the face of costly new labor regulations, minimum wage increases and crippling workforce shortages, it was clear that such a mandate would be the final straw for many farmers. I raised this issue with the Commissioner during budget hearings and, with the support of many of my colleagues, contacted the Governor regarding these concerns. It is clear that our voices were heard and that our farmers can breathe a little easier today.”