batavia

Employees, and their family members, of O-AT-KA Milk Products have been expressing concern this week about how the company has responded to the outbreak of COVID-19 in our community.

In emails to The Batavian and in social media posts, both employees and family members have accused the company of making employees work even though they might have been exposed to a person who tested positive for the coronavirus.

In the past week, Genesee County has gone from 17 confirmed cases to 70 people who have tested positive for COVID-19. In that same period, surrounding rural counties have not seen a similar spike.

It's unclear how much of the more than 400-percent increase in positive cases are connected with O-AT-KA but sources have indicated as many as 20 people who work at the facility have tested positive.

O-AT-KA CEO William Schreiber declined today to answer a question about how many employees have been infected.

At the beginning of the week, the Health Department reported the first sharp increase in cases -- 10 new cases -- and the department press release said many of the cases, including a big jump in mandatory quarantines, could be attributed to one employee going to work while symptomatic.

At that time, Public Health Director Paul Pettit said, "A significant increase in the number of mandatory quarantines being reported today is due to a symptomatic person going to work at a local business."

Pettit declined to name the company then nor discuss now specific complaints from employees about O-AT-KA.

Since Monday, the Health Department has indicated that several of the people who were on mandatory quarantine as of Monday have since tested positive.

Two sources said there were two confirmed COVID-19 cases at O-AT-KA on Monday.

The specific complaints sent to The Batavian about O-AT-KA:

• Employees with direct contact with infected coworkers have been told to report to work until they develop a fever;
• Employees with a fever are required to produce a doctor's note for an approved absence from work;
• Employees are told to wear masks but masks are not issued to employees;
• Employees are encouraged to remain six feet apart but some job duties, such as training new coworkers, make that impossible.

One of the features of the virus SARS-CoV-2 is that people can be infectious before becoming symptomatic, and perhaps remain asymptomatic, and a fever is not necessarily the first symptom of illness.

During a phone call today, we asked Schreiber repeatedly to respond to these specific allegations and he declined.

He did read a prepared statement:

We have taken every precaution to protect our employees. We have followed the guidelines of every regulatory agency involved since the start of the pandemic and most importantly, as part of our response, our leadership team has worked to ensure our employees are safe and that they have the tools and resources needed to be successful.

O-AT-KA is not the only local company under scrutiny from employees. The Batavian has received emails about two other local employers, deemed essential businesses by the State of New York, that say their bosses are not taking coronavirus precautions seriously. 

One employee, who said the employees' complaints have gone to the Attorney General's Office, was specific about lack of sanitizer, personal protection gear, and inattention to social distancing.

The employee said, "With the number of people that come to work at this plant from outside counties and cities, it is only a matter of time before someone infected comes to work and it will spread like wildfire. We should be closed right now. We should be home, safe with our families until our government deems it that we are safe to go back to work."

Interview with Superintendent Anibal Soler Jr. about City Schools' budget.

Two patients at the VA Hospital in Batavia have tested positive for COVID-19, according to a spokeswoman for the Veterans Administration in Western New York.

Statement:

Precautionary measures have been taken to mitigate the risk of transmission to other patients and staff, as the Veterans are being cared for in respiratory isolation by staff who are specially trained on Centers for Disease Control (CDC) treatment guidelines, including the use of personal protective equipment and infection-control techniques.

VA is screening Veterans and staff who present with symptoms of fever, cough, and shortness of breath who meet the CDC criteria for evaluation of COVID-19 infection. Per CDC guidance and VA protocols, patients known to be at risk for a COVID-19 infection are immediately isolated to prevent potential spread to others.

Veterans and staff are encouraged to take everyday preventive actions to avoid being exposed to the virus:

• Wash your hands often with soap and water for at least 20 seconds;
• Avoid touching your eyes, nose, and mouth with unwashed hands;
• Stay home if you are sick or becoming sick;
• Use an alcohol-based hand sanitizer that contains at least 60-percent alcohol;
• If you have symptoms or have been exposed to someone with symptoms, call the VA before going to the facility.

Press release:

On April 8 at approximately 8:54 p.m., the Batavia Police Department responded to the area of 15 Highland Park for a vehicle that backed into a house.

Upon arrival, officers located the vehicle and a subject, which had been struck by it near the area as reported. The person was transported to Strong where they were treated and later released.

The incident is being investigated as a criminal matter and Detectives been following up on several leads. There is no threat to the general public at this time. No further information can be released at this time due to the ongoing investigation.

Anyone with information in reference to the case may contact Detective Sergeant Matt Lutey at 585-345-6311 or the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370.

Immigration and Customs Enforcement (ICE) has announced that four detainees in the Buffalo Federal Detention Facility in Batavia have tested positive for the novel coronavirus.

A spokesman for ICE said the COVID-19 positive inmates are 

• A 62-year-old Pakistani national,
• a 29-year-old Somali national,
• a 37-year-old Honduran national, and
• a 31-year-old Honduran national

We asked about contact tracing and whether any contacts, including, potentially staff, were placed on mandatory isolation, the spokesman responded, "Consistent with CDC guidelines, those who have come in contact with these individuals have been cohorted and are being monitored for symptoms."

A total of 48 ICE detainees nationally have tested positive, and 15 ICE employees working at detention centers have tested positive, but so far there are no reports of an employee of ICE in Batavia testing positive.

Any people testing positive for COVID-19 at federal facilities in Batavia are not part of the positive-case count provided by county health officials.  The Genesee County Health Department is not notified of positive cases either the detention facility or the VA Medical Center. 

CORRECTION: The paragraph above was based on information provided by the Health Department. Today, we received an email saying this statement was incorrect and during today's briefing (April 10), Public Health Director Paul Pettit said positive test results from these facilities are included in the county's tally of positive cases.

However, Paul Pettit, director of public health, said today that if asked for assistance with contact tracing to check for community spread, that assistance would be provided.

Earlier this week, Justice for Migrant Families WNY, an advocacy group, released what it said is a statement authorized by several detainees in Batavia.  The statement indicated that detainees are concerned about the possibility of coronavirus in the facility because of numerous interactions with staff and the inability to properly social distance.

Interview with Michael Bromley, athletic director at Batavia High School. Scheduled to start at 1 p.m.

A male suspect was just taken into custody on the Southside of the city following a brief foot pursuit by Batavia police. We did not hear what prompted the manhunt, which was in the area of Wood Street, Cherry Street, and Pringle Avenue.

UPDATE 5:11 p.m.: Per Det. Eric Hill, Batavia PD, this was juvenile matter and no further information will be released.

Press release:

Assemblyman Steve Hawley is thanking a longtime local business for supporting the community during this current healthcare crisis. Chapin Manufacturing, a staple business since 1884, is donating one gallon and three gallon spraying containers for the purposes of disinfecting buildings during the coronavirus outbreak.

“When the CEO reached out to me last week, I was absolutely thrilled to hear and couldn’t say yes fast enough,” Hawley said. “It’s good to see that despite all of the confusion and concern throughout the state and the country, people are still stepping up to help their neighbors. It gives me the hope and reassurance that after all this is over, our community will come back together stronger than ever.”

The sprayers will be distributed to the Genesee County, Orleans County, and Monroe County Emergency Management offices. The EMOs will coordinate with local hospitals, fire departments, EMTs and schools to ensure that everyone has an opportunity to participate in using these generous gifts.

A car has reportedly hit a pedestrian in area of 15 Highland Park, Batavia.

City Fire and Mercy EMS responding.

UPDATE 9:46 p.m.: Batavia PD detectives are responding to the scene. Sgt. Eric Bolles confirmed that the scene is being treated as a crime scene. He said officers at this time do not know what happened and are trying to locate a cooperative witness. The driver was no longer on scene. Bolles could not confirm his status. A woman on scene was offering suggestions of where the driver might be. Bolles did not know condition of the victim, who was apparently taken by Mercy EMS to the Mercy Flight hangar to be airlifted to Strong Memorial Hospital. A man at the scene was yelling at police claiming they weren't doing anything about the situation. Bolles said there probably won't be an update from Batavia PD until the morning.

It is safe to say that the COVID-19 crisis is fostering a spirit of unity here despite mandated social distancing. One door in the city is an example.

The Batavian received two photos from the Sanfratello family on Prospect Avenue in Batavia this afternoon.

"My daughter Kyla and myself did a little something to show others we are all in this together," says Kim Sanfratello. "Thought we would share it with you. We painted it on our front door window."

From Merriam-Webster's Online Dictionary:

Together (adverb): with or in proximity to another person or people

Synonyms: at one and the same time; in or by combined action or effort

Related words: concertedly, hand in glove

Press release:

In partnership with FoodLink of Rochester, The Salvation Army of Batavia is hosting a “Pop Up” mobile pantry on Wednesday, April 8, where individuals come in their cars and are provided fresh and shelf stable items distributed by volunteers into their trunks.

It will be held 9 a.m. in the parking lot of Northgate Free Methodist Church, North Campus, 8160 Bank Street Road, Batavia. One box per household. No deliveries will be available. There are a limited number of boxes available.

Currently, Salvation Army feeding programs are seeing a 50-percent increase in participation statewide.

“The reality is much more dire here in Batavia,” said Lieutenant Rachel Moore of The Salvation Army in Batavia. “Our pantry is quickly being depleted as the demand for food has dramatically increased during the COVID-19 crisis.”

According to Lt. Moore, The Salvation Army of Batavia is currently in need of donations to sustain its food pantry including:

• Canned fruits and vegetables
• Canned meat
• Peanut butter and jelly
• Cereal
• Pasta and pasta sauce
• Rice

“With the help of the community, we can continue to fulfill our mission of 'Doing the Most Good' during this unprecedented and uncertain time,” Lt. Moore said.

(Editor's note: The free food giveaway is not residency or income based and is available to all.)

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 15^th 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.

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.

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.

Video: Palm Sunday message from Pastor Roula Alkhouri, Batavia First Presbyterian Church.

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.

Staff at UMMC received a free lunch paid for by community donations organized by Ben Macdonald to thank them for "strength, courage, and service" during this difficult time.

Macdonald started a GoFundMe campaign last week with the goal of reading $2,000. The community contributed $3,325.

Workers were served lunches from food trucks for Center Street Smoke House and Public Coffee Hub.

Social distancing was maintained throughout the food service.