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State restores VLT funds to municipalities, but takes bigger bite out of county sales tax revenues

By Mike Pettinella

Word that Albany has restored Video Lottery Terminal money generated by Batavia Downs Gaming is good news to Genesee County municipalities, but a couple of other stipulations in Gov. Andrew Cuomo’s 2020-21 budget likely will result in increased financial stress beyond the uncertainty created by the COVID-19 pandemic.

Assemblyman Stephen M. Hawley confirmed today that the state budget includes the restoration of VLT funds to Genesee County ($200,392), Town of Batavia ($160,388) and City of Batavia ($440,789).

Lawmakers of the three entities previously were advised – late in their budget processes -- that VLT money would no longer be available, and that left sizeable gaps in their budgets. In the case of the City of Batavia, there was a $700,000 shortfall, causing City Council to pass a budget that includes a $7.48 percent property tax increase.

Hawley said getting the VLT money back into local hands is one of the few bright spots of the state budget.

“I worked very hard on that to get it restored from the governor’s proposed cutting,” said Hawley, who is in his 15th year as a state legislator. “Last year, he proposed cutting a percentage of it to the city, the town and the county, and this year he took the total ax to it in his executive budget. But we were able to get that restored in its entirety and that will be of great help.”

While the state could hold the VLT money depending upon revenues and expenditures during this fiscal year, Hawley and County Manager Jay Gsell believe that the local municipalities are safe for the time being.

“Technically, the governor does have the ability to withhold funds from any entity, but hopefully that won't be the case here," Hawley said. "You never know what the governor or legislature will do with the state budget, but this restores it for this year. Each January when the governor comes up with his budget, it seems to be a favorite chopping block for him. That’s why they can’t necessarily count on it from year to year.”

Gsell said it was his understanding that the VLT funding was voted on as a separate appropriation, a line item not subject to the governor’s power to incrementally reduce aid reimbursements to local governments and others, including school districts, based on revenue streams.

“We got a summary from NYSAC (New York State Association of Counties) of all the good, bad and indifferent, and VLT funding was one of the things that in the last two weeks of the budget deliberation -- before the three people in the room made the decision – that would be voted on as part of the full package,” Gsell said. “And that’s exactly what happened.”

'Unilateral power' designation raises eyebrows

The county manager said he’s a bit wary over the legislature’s granting of “somewhat unilateral power” to the governor, calling it “unchartered territory as far as local governments are concerned.”

Hawley said he voted “no” to every budget bill for the first time ever, pointing to a flawed process and the decision to give Cuomo more authority.

“For many, many, many reasons I voted for the first time ever “no” on every single budget bill, even though there were things in there like restoration of CHIPs funding (Consolidated Highway Improvement Program), extreme winter recovery, sales tax renewals for the counties I represent,” Hawley said. “Every bill always has good stuff and bad stuff in it, you just have to decide what the general impact is, but because of the way this was done and the way it was held off until the very last minute without appropriate legislative review, I had a huge problem with it.”

He said he was in favor of a “continuing resolution” that would have allowed the state to continue operating and then have the legislature return to Albany when the pandemic was under control.

“Additionally, we would have some sort of -- because this will affect us for years and years to come -- idea what the revenues actually will be and what the expenses may be and then we will be able to approach it with some knowledge,” he said.

Hawley said the “made-up figures were really catastrophic and not an appropriate way to run the state or any business.”

“How do you make up numbers when you have no idea? I thought we could have averted all of this – bringing all 213 legislators back into the buildings -- who knows who brought what with them in terms of this disease. And then we ceded power to the governor to make any changes that he wants to as the budget goes on as opposed to having legislative input on that … that’s not what the election process is all about in a democracy.”

City to use VLT funds to offset costs

City Council President Eugene Jankowski weighed in on the new VLT development, stating that he expects the restored funds to be used to offset some of the spending cuts in this year’s budget and the loss of sales tax revenue caused by the coronavirus shutdown.

“It’s too late to change anything in our 2020-21 budget,” he said. “Since it’s already been passed, we can’t do anything about the tax rate. But it’s great that we will have it to use next year.”

Gsell said having the $200,000 certainly helps the county, which has put its capital projects – including the construction of a new jail – on hold as it calculates the impact of COVID-19.

He is troubled, however, by Cuomo’s creation of a fund to skim county sales tax revenue to support “distressed hospitals and nursing homes” and continuation of a program to use county sales tax money to assist other municipalities.

“I guess you could say it’s a double-edged sword,” Gsell said. “The governor and the comptroller are establishing a $250 million fund over the next two years to help finance distressed hospitals and nursing homes, and we could be hit for about $250,000 in the first year,” Gsell said. “Previously, this had strictly been a state commitment in that regard.”

Gsell: 'Taxation without representation'

Noting that he has no idea whether United Memorial Medical Center or the local half-dozen long-term care facilities would be targeted for assistance, Gsell said this “assessment” is putting Genesee County back into a deficit funding situation – something it removed itself from when it sold the County Nursing Home three years ago.

He also bemoaned the fact that the state, for the second year, will be taking county sales tax to distribute as part of the AIM (Aid and Incentives for Municipalities) program.

“Again, in the past the state fully funded this out of their own coffers,” Gsell said. “They use a formula -- I believe it’s about a 2 percent equation in there – and last year, we saw $320,000 of county sales tax intercepted by the state so they could make those payments to the villages and towns and, in some cases, the city. This year, it could be another $250,000 hit to county sales tax before we even get the standard distribution that they’ll provide. This is taxation without representation. We had no input into how this fund was set up or what the calculation of the formula is.”

Gsell said the county “dodged a bullet” in regard to increased Medicaid funding as the governor’s proposal to remove the cap of local shares was not included in the budget.

“He had a three-pronged proposal that could have significantly changed how much we are paying on a weekly share on our present $9.6 million a year that we’re already committed to sending to the state,” he said.

Richmond library Children's Room staff to offer weekly ideas for home activities and virtual tours

By Billie Owens

From Richmond Memorial Library:

The Children's Room staff at Richmond Memorial Library is certainly missing all of the programs that bring our little ones in, so we will bring them to you!

Based on your feedback, we will post the following on our Facebook page:

Sensory Saturday -- Every Saturday we will offer a tabletop sensory experience idea for you to do at home.

Play Cafe -- Every Wednesday we will provide ideas for activities you can do in your home or yard.

Virtual Tours -- Every Monday we will share a link to see zoos, museums and more. Please feel free to share photos of you and your children enjoying the activities that we post right in the comments!

Schumer urges feds to aid Upstate farmers struggling because of reduced demand, supply chain disruptions

By Billie Owens

Press release:

U.S. Senator Charles E. Schumer today (April 6) called on U.S. Department of Agriculture (USDA) Secretary Sonny Purdue to immediately release funding and send aid directly to New York’s struggling farmers.

Schumer negotiated $9.5 billion in emergency funding for the agricultural sector already suffering massive financial losses due to reduced demand and supply chain disruptions. The funding was part of the bipartisan $2 trillion CARES Act.

With more than 33,000 farms in New York State, Schumer explained that with restaurants, schools, and other industries closing nationwide due to coronavirus (COVID-19) concerns, New York farmers are losing major revenue streams.

Given the disruptions in supply chains, rampant food insecurity, and the importance of New York agricultural products in the U.S. food supply, the USDA must expedite the allocation of the $9.5 billion emergency agriculture aid set aside in the CARES Act and prioritize New York farmers, Schumer said.

Farmers Forced to Discard Food, Dump Milk

“New York’s farmers and the New York agricultural industry is the lifeblood of the nation,” Schumer said. “In good times, New York farmers work long hours on tight margins but in the midst of a global pandemic, they are losing revenue streams, suffering huge financial losses and being forced to discard their products during a time when we need a reliable food supply.

"I fought to make $9.5 billion accessible to help them out during this crisis, and it is imperative that we immediately put those dollars to use. I will not rest until New York farmers have the resources they need to help Americans get food on the table.”

In addition to demanding immediate help for struggling New York farmers, Schumer called for the USDA to take New York dairy producers, specialty crop farmers, and local and organic farms into consideration as among the hardest hit in the nation.

The Senator revealed that some dairy co-ops are directing farmers to dump their milk, indicating a huge loss in revenue for New York agriculture as milk is New York’s #1 agricultural product. Some farmers dumped more than 100,000 pounds of milk last week, and it is estimated that dairy farmers statewide were forced to dump between 25 million and 35 million pounds.

With prices plummeting and processing plants closing, dairy farmers could lose anywhere between $1 million and $1.2 million in the aftermath of COVID-19. Additionally, several cabbage growers have been unable to sell their produce for two weeks and are watching their entire harvest go to waste as their crops in cold storage reach the end of their freshness.

Small, Local & Organic Farms Are Hit Hard

Schumer also emphasized that local farms would be severely impacted by the crisis. Many small, local, and organic farms depend on farmers markets as an avenue to sell their produce, but as states issue stay-at-home orders and some local governments suspend farmers markets altogether, those small farmers are losing a major revenue streams.

They also are unable to generate revenue through visitor business and experiencing losses both financially and marketing-wise with the cancellation of food-related festivals that often happen in the spring.

Nurseries are also struggling to survive in the midst of the crisis because they are designated as nonessential businesses, while their large-corporation hardware store competitors are allowed to remain open. Schumer urged the USDA to support small business nurseries as they struggle to get through the crisis.

Senator Schumer’s letter to USDA Secretary Sonny Purdue.

Dear Secretary Perdue

"As you know, the agricultural sector has been hit hard by the COVID-19 outbreak and will continue to face grave challenges in the coming months. Unfortunately, farmers in my home state of New York are not immune to the ramifications of this global pandemic. New York farmers are experiencing massive economic losses due to reduced demand from restaurants, disruptions in global trade, school closures, and emergency orders that have idled other industries. Farmers are essential businesses who need our support to continue growing food during this crisis; otherwise, we risk our food security long after the pandemic has passed.

"I urge you to act immediately to allocate the $9.5 billion emergency funding provided in the CARES Act I fought hard to obtain to support the agricultural sector and the over 33,000 farms in New York State. Time is short, as the planting season is underway in much of the country. As you decide how this assistance will flow, please give careful consideration to the circumstances of New York State, which has been hit the hardest by COVID-19. My state has a very diverse agricultural industry, populated mostly by small and medium-sized family operations who depend on robust consumer demand in the New York City metropolitan area and thriving international trade for their markets. I have heard many concerns from struggling New York farmers over the past several weeks, and urge you to pay special attention to the following issues:

Dairy Industry

"New York’s dairy industry has been heavily impacted by drastic reductions in school meals, decreased demand from restaurants, and the slowdown in global trade. Prices for milk have sharply declined, making it difficult if not impossible for dairy farms to break even. Both large and small co-ops have been directing farmers to dump milk to balance supply/demand volatility and workforce shortages at processors due to COVID-19 illnesses among employees. At a time when millions of Americans are food insecure we must do everything we can to help our nations dairy farmers get through these turbulent times.

"I urge the federal government to use all available resources to assist the dairy industry during this unprecedented crisis. At a minimum, USDA should immediately use the $9.5 billion emergency fund included in the CARES Act to assist dairy farmers and co-ops through this health crisis and economic downturn by developing a compensatory mechanism to farmers directed to dump milk. In addition, I urge USDA to use funds from the Commodity Credit Corporation to make dairy purchases, perhaps through a voucher system for food banks or COVID-19 displaced workers, to help ensure that people who are experiencing food insecurity and hunger have access to healthful dairy products at their time of greatest need.

"I have also heard concerns from my sheep and goat dairy farmers, who are also experiencing the devastating impacts of the outbreak. I ask USDA to include sheep and dairy goat farmers in any assistance programs you develop.

Specialty Crops

"Farmers who grow specialty crops are also facing devastating hardships. The many New York farmers who sell directly to restaurants have experienced significant decreases in sales over the past month. As demand from restaurants dries up and crops in cold storage reach the end of their freshness, farmers will likely have to have to dispose of their crops, leading to an increase in food waste.

"As an example, cabbage farmers in New York are some of the specialty crop growers who are dealing with the crippling impacts of the outbreak. Several growers in my state have not been able to sell any cabbage at all for the past two weeks. These farms are anticipating millions of dollars in losses for their cabbage harvests and I expect to see similar losses for other specialty crops.

Local Farms and Organic Crops

"Many small, local, and organic farms generate a portion of their income by operating “you-pick” operations, welcoming members of the public onto their farms and allowing them to pick fruits and vegetables for a fee. Under the stay-at-home guidelines, farms are anticipating losing the revenue generated by farm visitors. Similarly, maple producers are experiencing immense losses from the cancellation of events like the NYS Maple Weekend and stay-at-home guidelines that have essentially closed down tourism in the Adirondacks and other maple-producing regions of the state. Aid must take into account the diversity of farm businesses and ensure that farms experiencing losses from direct marketing operations are also eligible for USDA disaster assistance, similar to relief provided to row crop farmers in the past.

Farmers Markets

"Many New York growers depend on farmers markets for a large portion of their income. As states issue stay-at-home orders and implement social distancing guidance, farmers markets have experienced a decrease in visitors and sales. Some local governments have even suspended farmers markets entirely, depriving farmers of a critical revenue stream. This decrease in income is having a devastating impact on small farms and local farmers markets. Again, USDA assistance should ensure that all farms, including diversified, direct marketing operations, have an ability to benefit from COVID-19 relief measures to ensure their financial viability after this current crisis.

Green Industry

"As states close all but essential businesses, nurseries are struggling to survive. Though horticulture and ornamental crops are an important agricultural sector, they are not considered essential because they do not produce food. Classified as nonessential businesses, many nurseries have been forced to close during public health emergency. Meanwhile, their Big Box competitors, often classified as hardware stores – an essential business – remain open. Nursery operations are also experiencing substantial hardship from widespread cancellation of events, weddings, and religious ceremonies. They grew their inventory in anticipation of seasonal demand and now have no market for their products. Please consider ways that USDA can ensure nurseries get the support they need during this crisis.

"Thank you for considering the impacts to New York’s agricultural sector and for doing everything you can to make sure the farmers, dairy producers, and processors we depend on are protected to the greatest extent possible."

Genesee County now getting an "F" on social distancing grade

By Howard B. Owens

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Genesee County residents are now getting a failing grade in social distancing according to least one metric -- GPS data gathered through apps that users install on their mobile phones.

A private company, Unacast, that makes the software used by many mobile apps that rely on location from smartphones is aggregating people's movements across the nation and producing a social distancing scoreboard that is frequently updated.

The grade also takes into account the number of positive cases reported in an area and in Genesee County, there are 22 reported positive cases of COVID-19.

The data doesn't tell us, however, whether the travel could be related to essential services and work.

Amid less travel, gas prices lower again

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $1.93, down 7 cents since last week. One year ago, the price was $2.74. The New York State average is $2.30 – down 4 cents from last week. A year ago, the NYS average was $2.76.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $2.38 (down 4 cents since last week)
  • Buffalo - $2.33 (down 4 cents since last week)
  • Ithaca - $2.32 (down 9 cents since last week)
  • Rochester - $2.27 (down 6 cents since last week)
  • Rome - $2.29 (down 5 cents since last week)
  • Syracuse - $2.24 (down 4 cents since last week)
  • Watertown - $2.29 (down 4 cents since last week)

Today, most states have gas price averages under $2 per gallon. New York State prices have dropped; however, the state remains in the top eight highest-priced states across the country.

The image in this link demonstrates gas prices across the United States. Typically, New York prices are higher than the national average and prices are slower to drop compared to most other states.

Pump prices continue to decline around the country as oil prices have decreased significantly in response to the increasing public health, financial and economic impact of COVID-19.

The Energy Information Administration (EIA) released data that shows gas demand has decreased significantly. According to EIA’s historical gas demand data, demand has not been this low since 1993.

As more Americans practice social distancing, gas demand is likely to continue decreasing and push pump prices even lower.

From GasBuddy:

"The national average continues to fall as every state has seen yet another decline in average gas prices over the last week as overall oil demand remains constrained due to COVID-19," said Patrick DeHaan, head of petroleum analysis for GasBuddy.

"The decline has been most significant thus far in the Great Lakes, due to the region being landlocked and challenging to ship gasoline out of, prices have been depressed significantly, driving these states to some of the lowest prices in the country. In fact, Wisconsin yesterday saw its lowest state average for gasoline in nearly 6,300 days -- they haven't been lower since 2003.

"For those not in the Great Lakes, there's still good news: average prices will continue to play catch up for the next few weeks or longer. Do keep an eye on this week's potential meeting between major oil producers Russia and Saudi Arabia, however.

On hopes of a production cut, oil rallied nearly $7 per barrel last week, but tomorrow's meeting was postponed. If there is an oil production cut, it may establish a floor to oil prices, but motorists need not worry -- if there is a cut, it is highly unlikely to cause a surge in gas prices, as retail prices have not come close to matching the declines in wholesale prices to this point."

Law and Order: Oakfield man accused of firing gun inside residence multiple times

By Billie Owens

William R. Metz, 48, of Batavia (no address provided), was arrested April 4 and charged with: criminal possession of a weapon in the second degree -- a Class C felony; second-degree menacing; reckless endangerment in the second degree; and fourth degree criminal mischief. NYS Troopers responded to a 9-1-1 report of a possible domestic incident on Batavia-Oakfield Town Line Road in the Town of Oakfield. After an investigation it is alleged that Metz threatened the victim with a weapon and fired multiple rounds in the residence. Metz was arraigned in Town of Oakfield Court and put in Genesee County Jail on $2,500 cash bail or $5,000 bound. The NYSP Bureau of Criminal Investigation (BCI) assisted in this investigation.

Alex S. Dumbleton, 26, of Batavia (no address provided), was arrested for petit larceny. It is alleged that at 1:05 p.m. on April 4 that stole 22 items from Walmart totaling $115.50. Dumbleton was issued an appearance ticket and is due in Batavia Town Court on May 28. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Genesee County keeps on truckin' with Corona Convoy

By Howard B. Owens
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Genesee County came together today to remind ourselves we are a community, to thank those who work hard to keep our economy going in these tough times, and raise money for Crossroads House.

More than 160 truckers met at Scofield Roll-Off in Stafford for the Corona Convoy, an event organized by Bruce Scofield and friends.

The video contains shots from members of the community throughout Genesee County who stood roadside to wave and honor the men and women who keep the economy rolling.

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Poetry Month: Wendy Williams reads Sonnet 43 by Elizabeth Barrett Browning

By Howard B. Owens
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Our second poem posted today because I didn't get to it on Friday and Saturday. Tonight, Wendy Williams reads Sonnet 43, "How Do I Love Thee," by Elizabeth Barrett Browning.

Williams is a member of Batavia Players.

You, too, can read a poem for us on The Batavian. Submit your video to howard@thebatavian.com.

April is National Poetry Month.

VIDEO: During briefing, Cuomo was asked to address WNYers concerned about moving ventilators Downstate

By Howard B. Owens
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During today's briefing, Gov. Andrew Cuomo was asked a question by a reporter about his executive order and what he has to say to residents of WNYer who might be concerned about this order. Here's his answer.

NOTE: I didn't start a screen capture video of the governor's answer until about a minute into it and my audio wasn't very good. Thank you to the governor's press office for providing the full audio to the question and answer. So, the video starts out with a static screen but at least it's the complete question, follow-up question, and answers.

Please send us your videos of the Corona Convoy

By Howard B. Owens

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The Corona Convoy, honoring the workers, especially truckers, who keep our economy rolling even in tough times, rumbled through Genesee County today.  

We'll have photos and video later but I'd really like to supplement the video I shot with the video you shot. If we get enough submissions, we should be able to cover the convoy's entire route through the count.

Send your short video clips to howard@thebatavian.com. For longer clips, use wetransfer.com (enter the same email address in the form). Please try to send the video within the next couple of hours.

Poetry Month: Pat Burk reads Cat Morgan introduces himself by T.S. Eliot

By Howard B. Owens
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Pat Burk reads Cat Morgan introduces himself by T.S. Eliot.

Burk is the executive director of Batavia Players and helped recruit members of Harvester 56 Theater to provide us these poetry readings.

April is National Poetry Month. 

T.S. Eliot is one of my favorite poets. In his classic, "The Waste Land," Eliot began with the observation, "April is the cruelest month."

Video: Gov. Coumo's briefing for April 5, 2020

By Howard B. Owens

Press release:

A rush transcript of the Governor's remarks is available below:

Good morning. Happy Sunday. For those of you who celebrate Happy Palm Sunday. Happy Passover week for those who celebrate Passover. Thanks for taking the time to be with us today. We want to give you an update as to where we are.

The number of cases increase which is nothing new. It's happened every day since we've started this. It's been a long month. Something a little bit different in the data today. We're not really 100 percent sure yet what the significance is as we're feeling our way through this.

Number of people tested, 18,000. Positive cases are up 8,000, total of 122,000 cases. Number of patients discharged, total discharged is 12,000 - 1,700 discharged in one day. Number of deaths is up. That's the bad news. It's 44,159 and we pray for each for each and every one of them and their families and that is up and that is the worst news.

But the number of deaths over the past few days has been dropping for the first time. What is the significance of that? It's too early to tell. This is the impact by state. But as I said the interesting blip maybe in the data, or hopeful beginning of a shift in the data and the number of cases, total number of new hospitalizations is 574 which is obviously much lower than previous numbers. That's partially a function of more people being discharged but you see ICU admissions are also down. The daily intubations down slightly from where it was. Again, you can't do this day to day. You have to look at three or four days to see a pattern.

Discharge rate is way up and that's great news and the statewide balance of cases has been relatively stable for the past few days. There is a shift to Long Island. Upstate New York is basically flat and as Long Island grows the percentage of cases in New York City has reduced.

For those people who look at the data, you have all these projection models and what's been infuriating to me is the models are so different that it's very hard to plan when these models shift all the time. But there's also a difference of opinion on what happens at the apex. All the models say you go up until you go down - thank you very much. Then there's a difference of, is the apex a point or is the apex a plateau. In other words you go up, hit the high and the immediately drop, or do you go up and then there's a plateau where the number of cases stays high for a period of time and then drops? There's a difference of opinion.

So you have to think about that when you think about what you're seeing in the numbers because you could argue that you're seeing a slight plateauing in the data which obviously would be good news because it means you plateau for a period of time and then you start to come down and we're all feeling our way through this and we have the best minds in the country, literally on the globe, advising us because New York is the first. I also think it will be very helpful for the other states that follow. I was just talking to Dr. Zucker about codifying everything we're learning because when the next states start to go through this we hope that they can benefit from what we're going through.

But we're looking at this seriously now because by the data we could be either very near the apex or the apex could be a plateau and we could be on that plateau right now. We won't know until you see the next few days. Does it go up, does it go down, but that's what the statisticians will tell you today.

As we've said before, the coronavirus is truly vicious and effective at what the virus does. It's an effective killer. People who are very vulnerable must stay isolated and protected. I mean, that was the point from day one. That was the point with Matilda's Law, my mother. You have to isolate and protect those people. If a very vulnerable person gets infected with this virus, the probability of a quote unquote "cure" is very low. And that's what this has really been about from day one. That small percentage of the population that's very vulnerable. Major effort that has impacted everyone to save the lives of those people who are in the very vulnerable population. If you're not part of that vulnerable population, then you will get sick, 20 percent require hospitalization, but the hospital system is very effective and it makes a real difference. And that's why the highest number of people ever now being discharged, right.

So you're just seeing the evolution of this whole story. You're seeing the narrative unfold, right. We're all watching a movie, we're waiting to see what the next scene is, and as the movie unfolds you start to understand the story better and better. Rush of infection rate, rush of people into the hospital system, hospital system capacity explodes, more people are in, but, more people are coming out. 75 percent of those people who have now gone into the hospital system are coming out of the hospital system. It also helps with the capacity of the hospital system because obviously the more people who are coming out, it makes it easier to handle the large influx that's coming in.

Having said all of that, the operational challenge for the healthcare system is impossible. Because the system is over capacity, all across the board. It's just over capacity. So what we're basically saying to a system is you have to manage with the same resources that you have, same staff, an over-capacity situation. And that is putting a tremendous amount of stress on the healthcare system. You're asking a system to do more than it has ever done before, more than it was designed to do with less. I understand that. I get that. Day in and day out, the commissioner and everyone at this table deals with the healthcare system. I understand what they're dealing with. I understand they're being asked to do the impossible. And they are being asked to do the impossible. But, life is options and we do not have any other options. So you get to a situation and you do what you have to do in that situation. And that's where we are. The only operational plan that can work, right, because you know the system doesn't have the capacity, doesn't have the supplies, doesn't have the staff. So how do you handle this surge over capacity?

We call it, we have to surge and flex, which means you have to deal with, if you're an individual hospital or hospital network, yes, you're going to be over capacity. And the only way we can make this work is if we flex the system so that we take all hospitals, all hospital networks, some hospitals are in networks, and we work together as one system, which has never been done, right. We have public hospitals. We have private hospitals. We have Long Island hospitals. We have New York City hospitals. In totality, it's the health care system, the state manages, regulates the healthcare system, but they're all individual hospitals. And, or individual networks. And they are accustomed to just doing business and managing their own affairs. That doesn't work. We have to balance the patient load among all of these hospitals. So if one hospital starts to get high or has a protected high intake, we have to shift that patient load to other hospitals. That means some patients who show up at their neighborhood hospital may be asked, can we transport you to another hospital, which is not in your neighborhood, but actually has more capacity. So we have to adjust that patient load among all of the hospitals, which is a daily exercise and it's very, very difficult.

We're running short on supplies all across the board. Some hospitals happen to have a greater supply of one thing or another. One hospital has a greater supply of masks, one hospital has a greater supply of gowns. And when we're talking about supply, hospitals are accustomed to dealing with a 60-day supply, 90-day supply. We're talking about 2 or 3 or 4 day supply, which makes the entire hospital system uncomfortable, which I also understand because we're literally going day-to-day with our supplies, with out staff, et cetera. Which is counter-intuitive and counter-operational for the entire health care system and I understand that also.

The big operational shift will be Javits coming online if we get that up and running efficiently. That's 2,500 beds for people who test positive with the COVID virus. That is a major shift for the systems and at a time when we desperately need a relief valve for the system, Javits could do that. We're working very hard to get that up and running. That rolling deployment, that flexibility - there is no other way to do this on the state level. I can't say to a hospital, I will send you all the supplies you need. I will send you all the ventilators you need. We don't have it. We don't have them. It's not an exercise, it's not a drill. It's just a statement of reality. You're going to have to shift and deploy resources to different locations based on the need of that location. I think that's going to be true for the country. The federal government everyone says federal stockpile, federal stockpile. There's not enough in the federal stockpile to take care of New York and Illinois and Texas and Florida and California. It's not an option. The only option I see is there's a national deployment - everyone says this is wartime, it is a war and the virus is the enemy - where help New York today, thank you state of Oregon, we're dealing with this curve today and this intensity and then nationally, we shift the resources to the next place that is most impacted.

Just what we're doing in New York City and New York State on a microcosm, we shift resources from the Bronx to Brooklyn to Queens to Nassau. Shift national resources and state resources from New York to Florida to Illinois, whatever is next on the curve. We're going to do that in any event. We get through this, people have been so beautiful to us and it is the New York way. We're going to codify everything we've learned and when we get past this curve, whatever part of the country goes next, we will be there with equipment and personnel and however we can help.

Federal government is also deploying approximately 1,000 personnel to New York. That's doctors, that's nurses, that's respiratory technicians. The immediate priority is to deploy those people to help the New York City public hospitals. The New York City public hospital system, H&H, was a system that was under stress to begin with before any of this. So obviously, you add more stress to institutions that were under stress, it only makes the situation more difficult so we're going to deploy all the federal personnel who are coming in today, 325, to the New York City public hospital system.

I talk to the hospital administrators on a daily basis. We get them on a conference call and we do this shifting of supplies and balancing of patient load. I know that I'm asking them to do really difficult things, I get it. I don't enjoy being in this situation. I don't enjoy putting them in this position. I know their staff is all over burdened, but all I can say is thank you to the administration of this health care system and most importantly thank you to the frontline workers. These people, they are true heroes in the truest sense of the word, what they do day in and day out under very difficult circumstances, and we thank them all.

On a different and somewhat lighter note, there is an accompanying affliction to the coronavirus that we talked about early on. It is cabin fever. It is a real situation. Not medically diagnosed, I asked Dr. Zucker there is no medical diagnosis for cabin fever, but I believe it exists. It is a feeling of isolation. It is often accompanied by radical mood swings, resentment of people around you to varying degrees, for no reason whatsoever. Just an upwelling of resentment, especially toward people who are in apparent positions of authority in this situation which I've noticed. Irrational outbursts can come at any time, without any warning. Just an irrational outburst, frustration, anger, with no rational basis. Cabin fever, in many ways, also threatens the essence of our Constitution, which is premised on people sharing domestic tranquility and it can be disruptive to tranquility. I can attest to that. It is a real thing. Think about it. It has only been one month but it has been a long month.

Positive intervention for cabin fever, I am going to take up running again. I used to run in the normal days before this job. But I am going to start running again. My daughter Cara, we will run as a family and go out there. Cara has a head start. She is out there doing five miles every day. She thinks she can beat me. Give me a couple of weeks and I will be right there, right there. Fast like lightning. We are going to do it. We will make the dog come. The dog is also experiencing cabin fever. He's a little disrupted. The order of the pack has changed. Different people, he does not know where he fits. He has anxiety. He is going to run. Think of ways to deal with it. I don't have any great answer.

But a little perspective on the whole situation is important. I challenged my daughters, this is terrible, this is terrible, this is terrible. I have been saying this is terrible for society, the economy and personally. But, you know, let's look back at history, right? Generations have gone through terrible times. So, my challenge to them is you find me a generation that has had a better overall situation than where we are right now. Go back to World War I, World War II, Vietnam, 1918 flu pandemic, you find me a generation that has not had a challenge to deal with and we will are going to have that discussion. Keep in mind on perspective. This is going to be over. You can see the story developing. You can start to see how the story ends, right? They will have a vaccine. Will it be 12 months or 14 months or 18 months? There are a number of treatments that are being expedited and are being tested right now. Dr. Zucker of New York is working expeditiously and cooperatively with the FDA to try all new different treatments: convalescent plasma, receptor antibody treatments, we are working on the hydroxychloroquine - we are working on it aggressively. So, we are trying all these new treatments. Some of them show real promise. But, you can see where the story ends.

I think, this is opinion and not fact, I think you see the return to normalcy when we have an approved rapid testing program that can be brought to scale. We are now testing rapid testing programs. But, when you get to the point where you can do rapid testing, of scale, and people can start to go back to work because they know they are negative. We continue to protect the vulnerable population, which is what this was about, and we liberate, as my daughters would say they are seeking liberation. We liberate people who can go back to work because we know that they are not in the vulnerable category and they are negative. I think that is, it is under development now, the rapid testing, and we are part of it. That is going to be the answer, I believe. And we get through it because we are New York State tough. Thank you.

Cuomo executive order on ventilators and PPE stokes fears, stirs up controversy in WNY

By Howard B. Owens

The executive order Gov. Andrew Cuomo said yesterday he was going to sign requiring Upstate hospitals to ship some of their ventilators and personal protective gear Downstate has caused a firestorm of opposition in Western New York.

Elected leaders and aspiring candidates have weighed in with their objections and social media posts have exploded in debates about the policy.

The rising consensus is that once again, Cuomo is putting the needs, desires, and priorities of urban Downstate residents over their rural fellow citizens.

The Batavian made multiple attempts to reach out to the governor's office to ask four questions we thought might help clarify things for readers:

  • We want to know: Who determines and defines "excess"? Our public health director, Paul Pettit, said yesterday that between Orleans and Genesee Counties, there are 11 ventilators. While none are currently being used for COVID-19 patients, he doesn't know how many are being used to treat other respiratory illnesses. He is concerned that when the coronavirus outbreak reaches its peak here, local hospitals will need 100 ventilators. "That's why we don't feel we have an excess that we can offer up to Downstate," Pettit said.
  • As for personal protective equipment (PPE), there are ongoing concerns about a shortage of gear in our own county (though another shipment arrived yesterday), so the same question applies: How and who determines if there is an excess of PPE in Genesee County?
  • What guarantee can the governor offer that if ventilators are needed here, that there will be an immediate and timely backfill of any ventilators removed from our area?
  • What is the calculation, has one been done, or what is the projection that we can rely on, that will assure us that Downstate's apex will subside before one in GLOW begins?

Late today, a member of the press office responded and pointed us to comments by Cuomo that he said should satisfy the first question.

To the first question, what defines "excess"? Today in his briefing Cuomo said, "So, what do we do? We find what equipment we have, we use it the best we can. If you ask hospitals today what ventilators do you have that are unused and available that they don’t need in the short term and take 20 percent of that number of available ventilators, that’s 500 ventilators."

To the overall scope of the questions, the aide pointed to Cuomo's discussion about Oregon assisting New York in its time of need.

The State of Oregon has lent us 140 ventilators. It was kind, it was smart, stop the virus here. It's better for the state of Oregon, it's better for the nation. Their curve comes after ours. We'll return their 140 ventilators, and there's never been a discussion, but frankly, I know New Yorkers and I know New Yorkers' generosity. We will turn it double fold because that's who we are and that's what we believe. So, stop the fire in New York, kind, generous, also smart.

The governor's office estimates that New York needs 17,000 ventilators total. It's unclear how many the federal government has or will send. There are efforts underway to hook up two patients at a time to a single ventilator. They are also efforts to use anesthesia machines and a machine called a BiPAP (similar to a CPAP used to treat sleep apnea but adjusts to the inhale and exhale of the person wearing the mask).

Also, Cuomo announced today that Joe Tsai and Clara Tsai and Jack Ma, co-owners of Alibaba (China's largest e-commerce company) have purchased 1,000 ventilators and are sending them to New York.

The news about the number of ventilators Cuomo plans to transfer from Upstate to Downstate and the gifts from Oregon and China is a level of detail not part of Cuomo's announcement yesterday to take ventilators from Upstate.

Cuomo's statement on Friday:

I'm not going to get into a situation where we're running out of ventilators and people are dying because there are no ventilators but there are hospitals in other parts of the state that have ventilators that they're not using. I'm just not going to allow us to go there. I think it would be wholly irresponsible. I'm going to sign an executive order that says the state can take ventilators and PPE from institutions that don't need them now and redeploy them to other parts of the state and other hospitals that do need them. Those institutions will either get their ventilator back or they will be reimbursed and paid for their ventilator so they can buy a new ventilator.

That caused alarm bells in some quarters. Even Paul Pettit, in his mild-mannered way, expressed concern.

"Obviously, taking and removing any level of our ventilators or taking and removing any of our PPE that we have from our region or any region in our state is something that we have grave concerns about," Pettit said, sharing that Dan Ireland at UMMC shared his concern.

Noting that with COVID-19 cases are on the rise locally, our community needs its emergency supplies and staff.

"The last thing we want to do is get in a situation where our availability of PPE, our availability of respirators, any of those things, are not available for us when our peak, when our apex comes in the next two or three weeks," Pettit said. "I understand what the governor is trying to accomplish, that they have a need down there right now but I don’t want our communities to be in a very precarious and unfortunate situation that when ours comes we don’t have the type and level of respirators and PPE we need to respond effectively to help keep our folks, our residents in our counties safe. So, it is a big concern."

We asked Ireland to comment and said UMMC is working to ensure the hospital remains ready for whatever may come.

Rochester Regional Health, including UMMC, is working collaboratively with local, regional and state agencies to ensure that necessary resources are available where and when they are needed to care for all patients who require hospital care. At this time, UMMC has not been asked to divert equipment or resources Downstate and we stand ready to serve our community as we have been for over 100 years. We are grateful that the residents of our community are flattening the curve by staying home so that, together, we can stop the spread of the virus and keep our community at-large in good health.

Assemblyman Steve Hawley yesterday, blasted Cuomo's order.

"It’s the worst possible management of this crisis I have seen thus far, and I am asking the governor to rescind his Executive Order," Hawley said. "Upstate and Western New York lives matter.”

All of the Republican candidates for the NY-27's congressional race chimed in.

Most notably, Chris Jacobs, who is currently a state senator and the GOP-endorsed candidate in the special election to replace convicted criminal Chris Collins (the special election has been moved from April to June 23, the same date as the GOP primary), put out a tweet yesterday that claimed Buffalo General Hospital had already been forced to surrender 30 ventilators.

jacobstweetvents.png

The tweet was later deleted.

Kaleida Health issued the following statement about "social media rumors."

Michael P. Hughes, chief of staff, Kaleida Health said, “The rumors that have circulated on social media are completely false. The National Guard was not at Buffalo General Medical Center or any of our other hospitals. Nor were ventilators or supplies taken from us. This type of misinformation only causes further panic and chaos in a time of great uncertainty. That said, we still vehemently oppose the Governor's executive order to take 20 percent of Upstate hospitals' equipment and supplies. We will continue to fight this in an effort to protect our patients as well as our physicians, nurses, and staff during this pandemic."

Stefan Mychajliw, one of the candidates challenging Jacobs in the GOP primary put out a press release attacking Jacobs over the tweet.

“People are scared," Mychajliw said. "Our community is panicking. Young and old are fearful of dying. Many people lost their jobs. The last thing we need is someone falsely fanning the flames of discord just to score a few cheap political points in the middle of a campaign. Chris Jacobs must apologize for this false, reckless and irresponsible claim.”

The Batavian emailed the Jacob's campaign about the tweet, at a time when we were still trying to confirm it (as the screenshot above shows, we did find the original tweet) but did not get a response.

Jacobs had earlier put out a press release about the governor's executive order.

“The Governor has made it very clear that NYC is the starting point for COVID-19, but that a wave could very well travel across our state and hit Western New York," Jacobs said. "By taking away our vital medical supplies, the Governor is directly putting all Western New Yorkers at risk. When we don’t have the resources to fight COVID-19 here, we will lose Western New York lives.”

Beth Parlato, also a GOP challenger in the primary, responded to the governor's executive order by launching an online petition at wnylivesmatter.com/.

“Governor Cuomo issued an executive order that he is taking ventilators from Upstate New York to bring to New York City," Parlato said. "He is deploying the National Guard to remove essential supplies from our hospitals to take Downstate. We need these ventilators in Western New York to fight COVID-19! WNY medical professionals have been working tirelessly over the past few weeks, and they are running out of supplies. It is critical that our needs are considered."

With all of the announced GOP candidates for the NY-27 weighing in on the executive order, we sought a comment from Nate McMurray, the endorsed Democratic candidate in the special election and did not get a response.

While many of Cuomo's long-standing critics in WNY lined up to call Cuomo dictatorial, it hasn't been a sentiment that has been universally shared among conservative WNYers.

Republican operative and former Trump campaign aide Michael Caputo, for example, has posted several tweets supporting Cuomo's order.

We rely upon local pols to defend our rights and resources. With their focus, we will have the ventilators we need, when we need them. Leaving them in closets while Downstaters die is a disgusting alternative.

I'm as anti-Cuomo and anti-NYC as they come. I won't stoke this.

— Michael R. Caputo (@MichaelRCaputo) April 3, 2020

 

I trust WNY local leaders to assure we have the health resources we need, when we need them. Denying Downstate critical cases our resources, which are sitting in closets, is disgustingly inhumane. This statement from Erie County GOP leaders shows they are on top of it. pic.twitter.com/sJXXBKq6xD

— Michael R. Caputo (@MichaelRCaputo) April 3, 2020

UPDATE 12:21 a.m.: McMurray provided the following statement:

The order reads, “from institutions that don't currently need them and redeploy the equipment to other hospitals with the highest need.” Some have tried to use scare tactics, to divide us, saying this means the governor will try to raid hospitals with ventilators already in use. My opponent, Chris Jacobs, lied saying Buffalo General Hospital was already raided, but later deleted his comment.

This is a time for bravery and cooperation, not scare tactics. Oregon sent ventilators to NYC, yet officials in Western New York are reluctant. It makes no sense. We are in this together. New York City’s fight is our fight. We need to try and stop the fire there before it spreads here. It’s one state, one country, and within our means, we must assist with the hope that Albany and New York will share other resources later. We do not want to go this alone, nor can we.

The real issue is our national response. Our President tells us we have enough tests and ventilators every day. Clearly we do not. It’s sad that it’s state vs. state, county vs. county because we have no national plan or vision.

Three new COVID-19 positive cases reported in Genesee County

By Howard B. Owens

Press release:

he Genesee and Orleans County Health Departments have received three more COVID-19 cases. Orleans has two new cases and Genesee has one. There is currently no further information to release on ages and locations. Mapping will be updated on Monday after the press the daily press briefing.

Contact tracing has been initiated.

Video: Redfield Parkway residents donate meals to Tops employees

By Howard B. Owens
Video Sponsor
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The residents of Redfield Parkway came together and raised money to cater meals to the employees of Tops Market in Batavia from T.F. Brown's and Los Compadres

Video shot by Alecia Kaus/Video News Service; edited by Howard Owens.

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