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LIVE: The Batavian Sessions Special Edition with Dylan DeSmit

By Howard B. Owens
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Dylan DeSmit performs for you at 8 p.m. (or thereabouts).

Two new positive COVID-19 cases reported in Genesee County

By Howard B. Owens

Press release:

The Genesee and Orleans County Health Departments have received 14 more COVID-19 cases. Orleans has 12 new cases (bringing the total to 166) and Genesee has two (bringing the total to 171). 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Nine of the Orleans County individuals are residents of The Villages of Orleans Health and Rehabilitation Center and three are community members. Genesee County’s two individuals who tested positive are community members.

The health department was made aware that the New York State Department of Health (NYSDOH) did swab all residents and employees of The Villages of Orleans Health and Rehabilitation Center. Any questions regarding specific issues should be addressed to The Villages or NYSDOH.

We have also received word of the death of an individual who had tested positive for COVID-19 and was a resident of The Villages of Orleans Health and Rehabilitation Center (now for a total of 21 nursing home deaths related to COVID-19). Our sincere condolences to the family and friends of this individual during this very sad and difficult time.

UPDATED: Parlato says Jacobs is refusing to debate

By Howard B. Owens

Press release:

“Channel 4 contacted me several weeks ago asking if I would accept their invitation to debate my primary challengers. Without hesitation, I responded yes, I would love to debate. I believe the voters in NY-27 deserve it. 

Yesterday, Channel 4 called to let me know that the debate has been canceled due to my opponent, Chris Jacobs, refusing to participate.

The career politician is refusing to debate me. Why? What is he hiding? Is he afraid that his liberal voting record will be exposed? 

If Jacobs is refusing to debate me, how can he debate anyone or stand up for anything in Congress? We cannot afford to have weak politicians. If he can’t even debate me, he certainly doesn’t have what it takes to stand up to AOC, Nancy Pelosi, or Chuck Schumer. 

We need someone in Congress with enough resolve to stand up for what’s right, a fighter, not afraid of a challenge. It’s time we have real representation. I am not going to back down from a fight. I am not going to back down from a debate. I will respond to questions because the voters deserve answers. They deserve to be informed.”

The Batavian received this response from the Jacobs campaign at 4:26 p.m.:

“We have agreed to participate in two formats with WIVB, one for the special and one for the primary. We had previously agreed to debate Nate McMurray and look forward to allowing voters to see the clear choice between Chris Jacobs -- a strong conservative leader, who has been endorsed by President Trump and will help the President secure our borders, get tough on China, and fight for Western New York -- and Nate McMurray who supports Bernie Sanders’ and AOC’s far-left socialist agenda.”

Three shops: One goal, supporting the local community

By Howard B. Owens

Three local companies that normally compete with each other have come together to support the community and Batavia High School Students by creating and printing a series of T-shirts that feature the Blue Devils logo.

The shirts are being produced and sold in cooperation with BHS by Extreme Streetwear, John’s Studio and T-Shirts Etc.

Each shop created its own design. The options included short sleeve T-shirts, long sleeve T-shirts, crew neck sweatshirts, and hooded sweatshirts.

The shirts can be purchased online at an online team store.

The store will be open until May 31. Once closed, each shop will have one week to produce their apparel. There will be shipping available via UPS as well as local pickup option at BHS on June 6.

The store owners, in a statement, said they came together to highlight a local option for branded and commemorative apparel and encourage people to shop local. 

Especially in these times, we all feel that shopping local is essential. COVID-19 brought with it so many uncertainties, trials, and hardships, but what has remained consistent is the loyalty and strength in our local business community.

Video: Gov. Andrew Cuomo's briefing for May 16, 2020

By Howard B. Owens

Briefing.

Gov. Cuomo announced that harness racing at Batavia Downs can resume without fans on June 1.

Press release:

  • Westchester and Suffolk counties are now eligible to resume elective surgeries and ambulatory care.
  • Calls on U.S. Senate to pass Coronavirus Relief Bill
  • Confirms 2,419 additional coronavirus cases in New York State -- bringing statewide total to 348,232; new cases in 52 counties.

Governor Cuomo: "What can you do, or what economic activity is willing to reopen without a crowd, right? They're talking about this in terms of sports. You're going to have baseball without a crowd but it can still be televised -- great. If you can have economic activity without a crowd, that's great. We can do that in this state with horseracing tracks, and we're going to do that. There will be guidelines for the actual participants, but no crowds, no fans. But for the industry itself, for the televised viewers, that can still work. That is also true with Watkins Glen, that can operate and there's a big viewership for Watkins Glen."

Cuomo: "Let's put the politics aside. If there's ever a moment in this government, in this country, where it's not about politics, this is the moment. For Senators to be talking about 'I'm not going to bail out blue states because the blue states have more coronavirus cases', shame on you. Shame on you to look at the death toll in this nation and say 'I want to count how many people passed away by their political party and I'm more interested in states where Republicans live than where Democrats live'. We're not Democrats and Republicans, we are Americans. That's what comes first and in a time of crisis we've always been Americans."

Earlier today, Cuomo announced horseracing tracks across the state and Watkins Glen International Racetrack will be allowed to open without fans as of June 1st. The state will issue guidance on how they can open safely reopen in the coming week.

Avoiding a spike in cases key to reopening the economy, public health director says

By Howard B. Owens
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As Genesee County moves into its first week of a Phase One reopening from a pandemic lockdown, Public Health Director Paul Pettit said it's reasonable to expect to see more positive COVID-19 cases reported, both because of an increase in testing, and because people will be in contact with each other.

But positive cases are not the key metric to monitor, Pettit said. What he and government officials will watch is the availability of hospital beds. Gov. Andrew Cuomo wants to maintain a 30-percent capacity available at hospitals.

With hospitals now permitted to perform elective procedures, there are fewer beds available than when those procedures were prohibited, Pettit indicated.

"A lot of the indicators aren't really directly honing in on a specific number of cases or a number of positives," Pettit said. "They're really honing on our regional capacity to deal with them. A lot of it's focused on hospitalization, ICU beds, number of available beds. Those types of criteria are a more important indicator of how we can handle and respond to the most vulnerable populations because again, our immune-compromised, those with underlying health issues, need hospital beds, need higher levels of care. That's going to be our issue."

Continued acceptable hospital capacity in the Finger Lakes Region will be a key indicator as New York becomes unpaused for each phase of the reopening.

To keep that number low, Pettit said, people need to continue to take all necessary precautions against spreading the disease.

"It is expected we're going to see an increased number of cases, but we need to do our best to continue to try to keep them low," Pettit said. "Make sure we're practicing our social distancing, and hopefully not have spike rates in severe cases that are going to impact our health system."

Unpausing New York is expected to happen in four phases by region:

Phase One:

  • Construction
  • Agriculture, Forestry, Fishing and Hunting
  • Retail -- (Limited to curbside or in-store pickup or drop off)
  • Manufacturing
  • Wholesale Trade

Phase Two: 

  • Professional Services
  • Retail
  • Administrative Support
  • Real Estate / Rental & Leasing

Phase Three: 

  • Restaurants / Food Services

Phase Four: 

  • Arts / Entertainment / Recreation
  • Education

The Finger Lakes Region is one of the first regions in the state to enter Phase One, and while each phase is generally expected to take four weeks, there is already talk of Finger Lakes entering Phase Two on May 29, Pettit indicated.

While experts debate just how many COVID-19 tests need to be administered on a daily basis to help control the spread of the disease in an open economy, there is consensus that a lot of testing is needed.

Petit expressed concern that there are not enough tests available in Genesee County to meet our needs. That means only people who meet the criteria for testing, such as close-contact with a positive case or a vulnerable person who is symptomatic, can get tests locally. However, he noted, there is an ample supply of tests available in Monroe County and local residents who want a test without meeting that criteria can drive to testing locations in the Rochester area.

The health director does have more confidence in the local capacity to handle contact tracing when a positive case is identified, which is another key strategy in helping to control outbreaks. Pettit said if there is a local spike in cases, New York has additional contract tracing resources local health officials can summon.

He also noted, for anybody looking for a job, that the state is looking to hire more contract tracers.

For those expecting a lull in the disease spread during the summer, before a resurgence in the fall, Pettit suggested we not count on much of a lull but expect a second wave in the fall or winter.

"When you look at the data in the Southern Hemisphere, which have been inverted with their summer, they still had a lot of cases," Pettit said. "They still had a lot of transmissions. So it's really hard to say how that's going to play out for us locally here in the summer, when that the warmer weather comes along. That's why we're really stressing the importance of making sure we stick with the guidelines. We don't want to see those spikes."

The seasonality of COVID-19, or lack of it, is just one of the things that are still unknown about the novel coronavirus.

"There's a lot to be learned about this virus, (there) is a lot that we're trying to understand as we move forward in time," Pettit said. "We obviously can only implement and act the way we're able to based on the knowledge that we have. So the best thing we can do is encourage folks to continue to practice social distancing and do their best to protect others by protecting themselves."

LIVE: Public Health COVID-19 Briefing for May 15, 2020

By Howard B. Owens
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Press release:

  • As of 2 p.m.
    • Genesee County received four new positive case of COVID-19, for a total of 169 positive cases.
      • One of the positive cases resides in Le Roy and three of the positive cases reside in Batavia.
      • One of the individuals is in their 20s and three are in their 30s.
      • Two of the newly positive individuals were not on quarantine prior to becoming symptomatic.
      • Three of the previous positive cases have recovered and have been released from mandatory isolation.
      • One of the total active positive cases is hospitalized.
      • The Genesee County Health Department received notification that one of the patients from the Batavia VA Medical Center has been identified as an Erie County resident. Therefore, the total positive case number will be one less and has been adjusted in our data.
    • Orleans County received eight new positive cases of COVID-19, for a total of 154 positive cases.
      • One of the positive cases resides in Yates and two of the new positive cases reside in Ridgeway, one of the new positive cases resides in Shelby, two of the new positive cases reside in Albion, and one of the new positive cases resides in Murray.
      • One of the positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
      • Three of the individuals are in their 20s, two of the individuals are in their 30’s, two of the individuals are in their 50s and one of the individuals is in their 80s.
      • None of the newly positive community cases were on quarantine prior to becoming symptomatic.
      • One of the previous positive community cases have recovered and have been released from mandatory isolation.
      • Thirteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Jacobs says Parlato pulled 'illegal' ad, Parlato calls it a lie

By Howard B. Owens

Press release from the Chris Jacobs campaign:

Beth Parlato pulled an attack ad from the air today after a story published by WNYmedia Network indicated that Parlato faced the possibility of “a hefty fine and/or up to six months in jail” for violating federal laws related to misuse of IRS logos and hiring an actor to portray an IRS official.

“Parlato’s attack ad misses the mark in many ways, but most importantly, the ad prominently features the official IRS logo behind a really bad actor portraying himself as an IRS official. The use of the logo is a direct violation of Federal laws.” (WNYmedia Network, 5/14/20)

According to WNYmedia Network, “Parlato now finds herself facing the possibility of a hefty fine and/or up to six months in jail if the ad is not immediately removed.”

The report cited IRS guidelines that specifically indicate that “Failure to comply with or knowingly violate IRS Design Standards, or using any logo in an unethical way are subject to any of the legal ramifications denoted in IRM 1.17.7.1, Legal Authority.”

Parlato pulled the illegal ad from the air, just two days the Republicans chairs in the 27th District have demanded that Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

But Parlato replaced the illegal IRS ad with another negative attack ad that also uses an actor to make fake and misleading claims.

Statement from Beth Parlato:

Sadly, it’s no surprise to me that within an hour of declining to debate me Chris Jacobs would push this lie citing a Never Trumper website. He’s lying now just as he has lied before to cover up his liberal record in Albany. Also, we fully delivered our ad and it was time to move on to the next message in our progression.

NOTE: The IRS guidelines mentioned in the press release do not pertain to third-party use of IRS logos. They are part of a standards document -- common in marketing -- created to guide employees and vendors in the use of IRS material to promote the IRS. Quote from the same document:

All IRS employees, contractors, and service providers are required to abide by all established standards and report any misuse immediately to M&P.

CLARIFICATION: In a previous paragraph at the end of this story, we said we couldn't find evidence that the use of the IRS logo was "illegal." We should note, that under U.S. Code, there are provisions for criminal prosecution of copyright infringement. Copyright cases are, however, usually civil matters. Trademark infringement is a civil matter, Again, "fair use" in copyright would come into play. Fair use is a complex legal question for a court to decide.

It's spring, and with people leaving cars unlocked, thieves strike again

By Howard B. Owens

Batavia Police Department is investigating a series of car break-ins and petit thefts in Batavia and police say the crimes are happening throughout the city during the overnight hours.

This video was submitted by a reader from a home surveillance camera. The photo below was provided by Batavia PD.

Det. Eric Hill said he didn't have at hand the total number of break-ins recently, but that is no more than usual for this time of year.

The cars being hit have been left unsecured.

Hill asked us to remind readers, "to bring valuables inside, lock their vehicles, and report any suspicious activity to us."

He also said if other residents have video of suspected criminal activity to please share them with police to help identify a suspect or suspects.

Anybody with information can contact Officer Peter Post at (585) 345-6350.

LISTING: Phase One Businesses reopening in Genesee County

By Howard B. Owens

A limited number of businesses can now reopen under the state's plan for a controlled approach to easing pandemic restrictions. The Batavian is inviting Phase One businesses to share information about their businesses with our readers for free.

If you operate a locally owned Phase One business, please email billie@thebatavian.com with the following information: Name of business, address, phone, website URL (optional), a very short description of what services you're providing and how (this is not a marketing message, just a short description).

This new list doesn't include Essential Businesses that we've previously listed. For that list, click here.

There are six categories of businesses in Phase One:

-- Construction;
-- Agriculture;
-- Forestry, fishing, and hunting;
-- Retail (limited to curbside or in-store pick up or drop off);
-- Manufacturing;
-- Wholesale trade.

For more information click here

We will update this post with business listings as they come in and periodically boost it back to the top of the home page.

Jacobs highlights Parlato's 'negative' campaign

By Howard B. Owens

Press release:

As first reported by the Buffalo News, the Republican chairs in the 27th District have demanded that Beth Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20

“GOP leaders say they imposed one requirement on candidates interviewing for the 27th Congressional District seat back in January: refrain from attacks on fellow Republicans. Now those same chairmen from the district's eight counties accuse Beth A. Parlato, the family law attorney competing in the June 23rd Republican primary, of breaking her promise with "nasty, negative" mailings and television ads aimed at Christopher L. Jacobs…” (Buffalo News, 5/13/20

“…party leaders say Parlato's jabs at Jacobs could threaten his efforts to win a special election against Democrat Nate McMurray..” (Buffalo News, 5/13/20

" 'We respectfully ask that you keep your commitment to run a positive campaign that avoids dividing the vote and potentially costing the Republican Party a member of Congress in the special election,' the leaders told Parlato. 'Please suspend your negative campaign and promote your own candidacy rather than viciously attacking others.' The letter is signed by all eight leaders of the district's Republican committees."(Buffalo News, 5/13/20)

“Republican chairs in the district said by running those ads, Parlato is squelching on a promise she made during the special election candidate nomination process.” (Spectrum News, 5/14/20

“Ontario County Republican Chairwoman Trisha Turner, speaking for the leaders' group, said Wednesday she is 'deeply offended' by the Parlato efforts and insists they represent a broken promise.” (Buffalo News, 5/13/20)

" 'No one's ever told her to get out, not to run, just not to do something that would be destructive to a special election and she committed to that and she's broken that commitment,' Turner says.” (Spectrum News, 5/14/20)

…"You pay people a lot of money to create that kind of negative imagery," Turner said, adding that attacks against a fellow Republican competing against McMurray at the same time as the primary are inappropriate. Turner also noted Parlato's earlier criticism of Robert G. Ortt, the North Tonawanda state senator who dropped out of the race after losing the party nod to Jacobs and whom Turner originally supported.” (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

Photos: UMMC staff treated to free meals courtesy Casella Waste

By Howard B. Owens

On three different dates this week, employees of UMMC are being treated to meals from Over the Border Taco Truck, courtesy of Casella Waste.

Casella General Manager Jeff Pero said the company wanted to provide meals to all shifts at the hospital so they served lunch yesterday and today and are set up on Bank Street on Saturday.

Parlato's ads draw fire from GOP chairs, Chris Jacobs, and support from McMurray

By Howard B. Owens

Press release from Chris Jacobs campaign:

As first reported yesterday by the Buffalo News, all eight Republican chairs in the 27th District have signed a letter to Parlato demanding she “suspend your negative campaign and promote your own candidacy rather than viciously attacking others."

Parlato’s attack ads have been described as “negative” and “nasty.”

“Beth Parlato gave her word last year not to run a negative campaign and not to work to split the vote to hand our congressional seat to a liberal Democrat. Now she’s broken that pledge. We shouldn’t be surprised. Throughout this campaign Beth Parlato has done nothing but attack other candidates, first Rob Ortt and now Chris Jacobs. This is the mark of a desperate candidate. We will not let Beth Parlato succeed in her effort to elect a liberal Democrat to our seat in Congress.”  - Christian Chase, Jacobs for Congress

Press release from Nate McMurray campaign:

“Do the same good old boys network of party bosses and insiders that brought shame to Western NY by fighting for and electing disgraced former Congressman Chris Lee and Chris Collins really expect NY-27 to fall in line...again? They have no credibility. Their attacks on Parlato show weakness, sexism, and hypocrisy.  

"The party machine’s double standard here is laughable. Where were the fainting couches and tissues when Jacobs' aired his lying, racist attack ads against me, which Politifact debunked. And let’s not forget who they really fawn over: Trump. The man whose whole political identity is based on nastiness and name-calling. 

"I don’t agree with Beth Parlato on pretty much anything, but I like how she’s standing up to these bullies. Democracy is not a coronation, and these self-appointed kingmakers need to be humbled. They’re scared of me, but they might be more scared of her. Jacobs’ billions can buy the love of party bosses, but it can’t buy backbone. NY-27 might finally have the people’s showdown in November,” said Nate McMurray.

Genesee County reports fourth death, one new positive case, now 14 active cases

By Howard B. Owens

Press release:

New Cases

  • As of 2 p.m.
    • Genesee County received one new positive case of COVID-19, for a total of 166 positive cases.
      • The positive case resides in Darien.
      • The positive individual is in their 30s.
      • The newly positive individual was not on quarantine prior to becoming symptomatic.
      • One of the previous positive cases have recovered and have been released from mandatory isolation.
      • Four of the total active positive cases are hospitalized.
      • Genesee County has received word of one new death notification related to COVID-19. The individual was over 65. Our condolences to the family and friends of this individual during this difficult time.
    • Orleans County received four new positive cases of COVID-19, for a total of 146 positive cases.
      • One of the positive cases resides in Ridgeway and one of the positive cases resides in Kendall.
      • Two of the positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
      • One of the individuals is in their 30s, one of the individuals is in their 60’s, and two of the individuals are in their 70s.
      • None of the newly positive community cases were on quarantine prior to becoming symptomatic.
      • Four of the previous positive community cases have recovered and have been released from mandatory isolation.
      • Twelve of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
      • Orleans County has received word of one new death notification related to COVID-19. The individual was over 65 and a resident of The Villages of Orleans Health and Rehabilitation Center. Our sincerest condolences to the family and friends of this individual during this difficult time.

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

McMurray calls on Congress to pass increased funding for rural broadband

By Howard B. Owens

Press release:

Today Nate McMurray, Democrat running in the special election to fill the Congressional vacancy left when Republican Chris Collins went to jail in NY-27, urged Congress to invest $86 billion in broadband funding in the future COVID-19 response legislation. And he is calling on the Republican candidates to pledge their support or explain why rural New York doesn’t deserve the same access to broadband as Wall Street and New York City.

In 2018, 65 percent of District 27 did not have access to high-speed internet. While New York ranks 4th in connectivity in the country, America is still 30th in mobile speeds and 10th in internet speeds overall. Despite this clear need, McMurray’s opponent in the special election, billionaire Chris Jacobs, has made no progress during his time in the State Senate to bring broadband to working families in Western New York.

McMurray has pledged to expand federal funding to secure broadband for everyone in NY-27, not only to establish better internet but to foster technological prowess, business capabilities, and regional success. 

“Our local internet is slow, even nonexistent in rural areas in NY27, and the pandemic has highlighted our need," McMurray said. "Our national internet on average is far below other industrialized countries. We rank about 10th overall and 30th in mobile speeds, near Romania and the Czech Republic. How is that acceptable?

"America is the place that invented the Internet. We were first. This is the home of Silicon Valley. We should not be 30th. It’s not about Netflix. It’s about better education, more business opportunities, and our future.

"We can’t continue to allow ourselves to be used by monopolistic cable companies that provide substandard service and deprive so many access all. I urge Congress to support expanded funding to ensure that Americans who need broadband service will remain connected during this public health crisis and recovery.”

“As your representative, I will never give up on building infrastructure, for broadband, for our future. May our light and intelligence, the talents of a million minds, flow once again from our region like our famous canal, like a sunburst — talents diversified find vent in myriad forms. Let’s embrace, and build, broadband. Now."

Young driver tells deputy he struck a deer prior to accident, deputy reports he didn't

By Howard B. Owens

An 18-year-old driver at first claimed he swerved to avoid a deer prior to a two-vehicle accident at 11:20 p.m., Tuesday, on Route 5 in Batavia that injured him and the driver of a box truck.

Then the driver told a deputy he struck the deer and it shattered his windshield.

Deputy Ryan Young, who prepared the accident report, wrote in the report, "There was no evidence on vehicle 1 to indicate that a deer was struck by any portion of the vehicle."

Charges may be pending against Dante D. Mancuso, of West Main Street, Batavia. He was driving a 2006 BMW SUV. He was transported to UMMC for evaluation following the accident.

Joseph Ruhland Jr., 53, of Old Dominion Way, Thomasville, was transported to Strong Memorial Hospital for treatment.

Mancuso was westbound on Route 5 in the area of 3975 W. Main Street Road when his vehicle crossed the center line and clipped a Ruhland's box truck, causing Ruhland to lose control and the truck jackknifed. It crossed into the westbound lane and overturned, coming to rest against a stone wall after the rear trailer detached from the truck.

Volunteer firefighters extricated Ruhland from the truck.

The accident remains under investigation.

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