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There have been multiple lawsuits filed by state and local governments around the nation against major drug manufacturers over their marketing and distribution of opioids, and Genesee County officials are thinking about becoming one of the plaintiffs.

Several counties in New York are part of the effort to pin at least some of the financial burden for the opiate epidemic on pharmaceutical companies.

County Attorney Kevin Earl is researching the feasibility of the county filing suit, either individually as a member of a multi-plaintiff action, against major drug manufacturers to recover current and future damages to the county taxpayers from abuse of opioid pharmaceuticals.

“If you want, [I can] investigate whether it would be better for us to join an existing lawsuit or (file) on our own,” Earl said at the Ways and Means Committee meeting on Wednesday.

Finding out the costs and expenses needed is something Earl will be researching as well.

Earl said most counties are doing research, then bringing a recommendation back to the legislative body.

Committee Member Raymond Cianfrini said every state is beginning to go after pharmaceutical companies in that regard.

“I don’t see a problem with us piggybacking on somebody else in a class-action lawsuit,” Cianfrini said. “But, we need to know who is going to do it, what it’s going to cost us, [and] what are the time frames.”

Lt. Gov. Kathy Hochul and her husband, Bill, visited Batavia last night so they could attend a Batavia Muckdogs game together. Kathy threw out the first pitch and met with players from the Marlins in the Oakfield-Alabama Little League.

Catching Kathy's first pitch was Harrison White, from Laguna Beach, Calif., and a graduate of Yale University. He's a 2017 Miami Marlin's draft pick.

Genesee Cancer Assistance planted its Festival of Hope tree yesterday outside the Wilmot Cancer Institute on Bank Street, Batavia.

Participating were Bev Henning, Lois Gerace, Nickie Fazio, John Morrill and Ed Kirby.

Henning and Kirby are cancer survivors. Gerace is the wife of the late Joe Gerace, cofounder and former board member of Genesee Cancer Assistance. Fazio is with Genesee Cancer Assistance, and Morrill is owner of Bubba's Landscaping.

Below, Sue Underwood and Fazio hang ribbons for cancer survivors on the hydrangea tree.

The event was catered by Red Osier Landmark Restaurant in Stafford.

One of the Northeast's largest dairy producers now officially has a footprint in Batavia.

HP Hood, based in Lynnfield, Mass., closed on the deed to the former Muller Quaker Dairy plant on Friday, paying $54,216,000 to Dairy Famers of America for the facility.

DFA acquired the property from Muller Quaker in December 2015 for $60 million.

As part of the deal, Hood agreed to take over the obligations of Muller Quaker for the property, which includes making payments in lieu of taxes (PILOT) along with paying a variety of fees to Genesee County Economic Development Center.

The GCEDC board has yet to improve a new PILOT agreement for the 363,000-square-foot, state-of-the-art milk processing facility, but is considering providing Hood with more than $7 million in tax abatements over 10 years, with an anticipated total economic benefit to the region of more than $330 million.

Hood will pay GCEDC $1.7 in annual installments of $280,000 over six years, starting with an initial payment delivered Friday at closing.

There is also an annual $1,000 administration fee and a $5,000 annual property maintenance fee to assist with maintenance of the Genesee Valley Agri-Business Park, where the plant is located (next to the Genesee County Fairgrounds on Route 5).

Hood is reportedly planning to add a 100,000-square-foot warehouse to what is already the largest dairy processing facility in the United States.

The plant cost PepsiCo and Theo Muller Group $206 million and Hood is planning to invest significantly more into the plant. Reconfiguring the plant from one that made just Quaker Muller's own take on Greek yogurt and adding the warehouse will create more than 500 construction jobs with a payroll of $26 million. 

While Muller Quaker topped out at 162 jobs created, Hood promises 250 jobs at the plant, with an average annual salary of $47,000.

Hood plans to begin construction this summer and be operational by the first quarter of 2019.

Previously:

• New England's large dairy company, HP Hood, buying former Muller Quaker plant
• DFA paying full tax bill on former Muller Quaker plant while officials wait to hear co-op's plans for production
• There will be jobs at the former Muller Quaker plant, Hyde says, we just don't know when
• Quaker Muller closing, but new dairy processing operation expected to open in plant soon
• County officials get high praise from executives, governor for bringing new yogurt plant to Batavia
• Officials optimistic about yogurt and Genesee County with opening of Muller Quaker plant
• Likely buyer for 'Project Wave' plant is PepsiCo

Oliver Thomas, 25, entered a guilty plea to attempted burglary in the second-degree on Thursday morning and could face up to seven years in prison as a second felony offender.

Thomas was part of the attack that occurred around 11 p.m. on Oct. 28 at an upper apartment on Central Avenue, involving several people and resulting in the hospitalization of two individuals.

He also pleaded guilty to failure to register change of address as a registered sex offender. Thomas was convicted of rape in 2009 and was required to register as a Level 2 sex offender when he was released from prison.

Thomas was the last of the four men accused of the attack, who was taken into custody after police had been looking for him for five months.

Also charged were Daniel Gilbert, Adante Davis and Marquis Saddler.

Gilbert received a four-year prison term. Davis five years, and Saddler five years.

Thomas will be held without bail until his sentencing at 1:30 p.m. on Aug. 4.

The Ways and Means Committee voted Wednesday to authorize Public Health Director Paul Pettit to apply for a Greater Rochester Health Foundation Community Health Grant, as a pilot to expand the wellness program.

Currently, in Genesee County Building 2, located at 3837 W. Main Street Road, there is a small room for employees to exercise on their breaks. The equipment was donated house equipment to keep employees healthy during the bad weather months, Pettit said.

“We view this more as employee wellness,” Pettit said. “We don’t use the word fitness because we don’t have free weights and all the stuff you would see in a fitness center.”

Committee Member Marianne Clattenburg expressed her concern of the exclusivity of the wellness program to employees in Genesee County Building 2.

“You’re spending time writing grants, but you should be looking at the overall health of all our employees and how this would fit into a program for everyone,” Clattenburg said. “Unless it’s something like that, I’m not going to support it. We need to be thinking of everyone.”

Pettit stressed that the use of the machines is not exclusive to employees in Genesee County Building 2, but later, a member of the committee pointed out that only employees who work in that building have access to the building.

“That would be a door control issue,” Pettit said. “But, it can be done.”

If they receive the grant, the building would receive replacements for their current equipment. They would receive rubber flooring, a new treadmill, an elliptical machine and a bike.

“The [current] treadmill is in decent, working shape,” said Kristine Voos, an educator working on the project. “The other piece of equipment is unusable at this point.”

Voos said she has been working with an intern to decide what equipment to put in the room. Voos said in 2014, she surveyed the employees in the building to find out what they would like to see in the room.

“Instead of getting five pieces for one place, I’d rather see a couple treadmills everywhere,” Clattenburg said.

Another concern from committee members was that currently, those who use the machines, do not sign a waiver in case of injury.

“Currently we do not [have a waiver],” Voos said. “But we do have [waiver] templates.”

Having a wellness program has many benefits during the workday, Voos said.

“The lifestyle management hits on employee productivity,” Voos said. “They’re exercising more, they’re feeling better, they’re more aware and present during meetings.”

Press release:

The Town of Batavia Republican Committee held its annual picnic at the Batavia/Kiwanis Park and presented its "Community Service" Award to Gordon Offhaus. This is an annual award to recognize a person or business for service to the Town of Batavia community.

Gordie moved to the Town of Batavia in 1972 -- 45 years ago this year -- and established Offhaus Farms on Oak Orchard Road (Route 98) with 18 cows. He and his son Scott still operate the business now milking 1,200 cows. He has served on the Town Planning Board for more than 30 years representing Agriculture. He is always ready to serve on committees, Comprehensive Plan updates and assist the Town in many ways. He is very deserving of this recognition.

The plaque was presented by Deputy Town Supervisor Dan Underhill. Even though it was a rainy evening, the event has attended by about 100 people.

The Batavia City School District welcomed three new members to the school board, including Zach Korzelius, appointed to replace the seat vacated by Leslie Johnson. Johnson resigned to accept a job in education in New York City.

Michal Lullo is the new student ex-officio member of the board.

Newly elected Board Member Barbara Bowman.

Newly elected Board Member Tanni Bromley.

Pat Burk was re-elected by the board to be chairman.

Pete Cecere becomes the vice-chairman.

Volunteer firefighters from the Le Roy Fire Department are dealing with a hydraulic fluid spill on Wolcott Street and lines arcing at No Finer Diner on Main Street.

The fluid spill has required a partial closure of Wolcott Street. 

The lines arcing are attached to the building.

Caledonia fire has been requested to provide a fill-in at the Le Roy Fire Hall.

Isaac C. King is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Jan. 9 in the City of Batavia that King knowingly and unlawfully possessed a controlled substance, Suboxone, with intent to sell it. In count two, King is accused of the crime of criminal possession of a controlled substance in the seventh degree. It is alleged in count two that on the same day, the defendant knowingly and unlawfully possessed a controlled substance, Suboxone. In count three, King is accused of unlicensed operation in the third degree, a misdemeanor. It is alleged in count three, that on the same day, King drove a 2017 Nissan on Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities.

Darrel T. Wilder is indicted for the crime of driving while intoxicated, per se, as a Class E felony. It is alleged that on April 29 in the Town of Stafford that Wilder drove a 2001 Jeep Grand Cherokee on Route 33 while he had a BAC of .08 percent or more as shown by a chemical analysis of his breath. In count two, he is accused of DWI as a Class E felony for allegedly driving on the same day on the same road while intoxicated. In count three, Wilder is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that the defendant drove on that day on that road while knowing, or having reason to know, that his driver's license was suspended revoked or otherwise withdrawn by authorities and that he did so while under the influence of alcohol or a drug. In count four, Wilder is accused of the crime of circumvention of an ignition interlock device, a Class A misdemeanor. It is alleged in count four that the defendant, while subject to a court-ordered ignition interlock device, operated a vehicle that was not equipped with this device.

George J. Budzinack is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 14 in the Town of Stafford that Budzinack operated a 2001 Chevrolet Venture van on Route 33 while knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is also alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Budzinack is accused of driving while intoxicated, as a misdemeanor. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of DWI on March 3, 2004, in Genesee County Court. The document states the defendant knew, or had reason to know, that his driving privilege was suspended or revoked as a result of the conviction and that the revocation or suspension was still in effect at the time of the crimes alleged in the indictment.

Bryan D. Bates Jr., 37, of West Main Street, Batavia, is charged with criminal contempt, 2nd, and Andrea Gray, 39, of Lake Street, Le Roy, is charged with falsely reporting an incident, 3rd. The charges stem from a domestic disturbance July 1 at a residence on Lake Street, Le Roy. Bates was allegedly violating a stay away order issued out of Batavia City Court. He was jailed in lieu of an unspecified amount of bail. Gray allegedly falsely reported to a neighbor that Bates had committed suicide, causing the neighbor to call 9-1-1. Gray was also jailed on an unspecified amount of bail.

Kevin William Dart, 59, of Transit Road, Elba, is charged with unlawfully dealing with a child. Dart allegedly allowed people under age 21 to consume alcohol during a party at his house.

Todd Alan Kendall, 54, of Main Road, Stafford, is charged with harassment, 2nd. Kendall allegedly struck another person in an incident reported at 5:56 a.m. Monday at a location on Main Road, Stafford.

Susan Ann Minardo, 28, of Shelby Road, Kings Mountain, N.C., was arrested as a fugitive from justice. During an investigation by Deputy Chad Cummings of a call at the TA Travel Center in Pembroke, Minardo was located and identified as the subject of a warrant out of Pennsylvania. Minardo was jailed without bail.

Christopher James Draper, 46, of West Main Street, Batavia, is charged with trespass. Draper allegedly entered Rite Aid on West Main Street Road, Batavia, after being previously advised he was not allowed on the property.

Gregory Hallock began the transition as the new executive director of the Genesee-Orleans Regional Arts Council five weeks ago, after former Executive Director Jennifer Gray resigned.

Hallock grew up in Delevan and went to Genesee Community College. He graduated with a Theater degree and from there, went to Brockport to get his bachelor’s degree in Acting, with a minor in Dance. He received his graduate degree from the University at Buffalo and started working for GO ART! a year and a half ago as the assistant director.

As the executive director, Hallock’s schedule changes from day to day. He works on events, finances and the Decentralization Grant Program.  

“I’m getting paid to be involved with the arts,” Hallock said. “It’s the most incredible thing in the world. Most people, arts is a luxury. It’s something that they can only hope they can get somewhere. I get to do it as my job.”

Since 1962, GO ART! has been dedicated to developing the cultural life in Genesee and Orleans counties by facilitating the creation, presentation and experience of art, heritage and traditions.

GO ART! is in the midst of hiring a new assistant director to take over the grants program. Hallock said he hopes the new director will start Aug. 1.

Gray resigned from the position for personal reasons, but still volunteers, Hallock said.

“She is still completely passionate about us,” Hallock said. “She is still dedicated to us.”

Hallock said his immediate goal is to increase the membership to 600 members by June 2018 and he also wants to increase awareness of GO ART!

“I’ve been trying to attend every event possible,” Hallock said. “Once I am done with the transition [into the new position] I am going to start going to board meetings all over the place.”

Picnic in the Park, at 11 a.m. on July 4, is one of Hallock’s big projects. He is in charge of the event at Centennial Park, and said he is excited for this year’s theme, “Summer of Love.”

Hallock said he is more than willing to meet with anybody or talk to anybody about GO ART!, and arts and culture in general. He wants to get more people into the building, known as Seymour Place, located at 201 E. Main St. in Batavia, to see the artwork.

“This building is our biggest expense,” Hallock said, of the historic brick property downtown. “It’s an amazing building and I want to utilize it to its fullest potential. I want to get people in this building and have art hanging on every wall.”

Hallock said working under Gray was extremely beneficial for his transition to the new position.  

“Working with her has been amazing,” Hallock said. “I’ve made the connections I didn’t previously have. I got to see how things worked here before I got to dive in.”

Anyone can visit GO ART! from 11 a.m. until 7 p.m. on Thursdays and Fridays, 11 a.m. until 4 p.m. on Saturdays and every second Sunday from 11 a.m. until 2 p.m.

“We may not be the Albright-Knox Art Gallery, but we have some pretty amazing stuff here,” Hallock said.

A shed fire is reported at 219 S. Swan St., Batavia.

City fire responding.

UPDATE 10:44 a.m.: Fire is out. 

Douglas James Tallent, 36, of Walworth-Marion Road, Marion, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, driving on a suspended registration, and consumption of alcohol in a motor vehicle. Tallent was stopped at 9:40 p.m., June 24, on Buffalo Parkway, Bergen, by Deputy Rachel Diehl and jailed without bail.

Cathleen Ann Bishop, 51, of West Main Street, Batavia, is charged with petit larceny. Bishop is accused of stealing $145.99 in merchandise from Kohl's Department Store on June 30.

A large tree limb fell onto a power line, breaking it, and landed on a garage at 45 Woodrow Road in Batavia; no arcing or sparking. City Fire Department is responding and National Grid is notified.

UPDATE 7:35 p.m.: City fire cleared the scene and National Grid was in route.

A girl riding her bike on Main Street in Le Roy was struck by a hit-and-run driver at about 3:20 p.m. and police are asking for help in locating the suspect vehicle.

The vehicle may be a Lincoln Continental, or similar sedan, from the early to mid-1990s. It was blue or green and was driven by an older male, possibly in his 60s, with gray hair.

The girl had a minor injury to her foot and ankle but did not require transport to a hospital.

To share information to assist in the investigation, contact Sgt. Mike Hare by calling (585) 345-6350.

(Initial Post)

"Zeva" will soon need a new home.

The friendly pooch was reportedly left at an apartment at 17 Elm St., Batavia, after the owner moved out.

Somebody called police yesterday evening and reported the apparently abandoned dog and a police officer picked it up and took it to the shelter.

The address is the same apartment where another dog, on April 30, got itself stuck on the eve of a second-floor deck and then fell off when the owner was brought back to the residence by a police officer.

Today, the owner -- whom we're not identifying by name at this point because she hasn't been charged with a crime, and it's not certain she will be -- went to the animal shelter and signed the necessary paperwork to surrender ownership of Zeva.

She reportedly told staff she had left the dog rather than take it to the shelter because of a requirement that the owner acknowledges that the animal could potentially be euthanized. Animal Control Officer Agie Jaroszewski said the form is standard procedure for most shelters but doesn't mean the animal will be put down.

Alecia Kaus with Video News Service posted a report about the dog on Facebook yesterday and a women said the dog had been hers, but that the dog was being taken care of and that she retained access to the apartment until the end of the month.

"I was the owner," the woman wrote. "And to be clear again have posted all week about finding her a home and was just with her at 7 pm last night to walk her feed and water her."

There is not information available on the status of the other dog that was at the apartment April 30. Police have yet to determine what will happen with the case.

Below, photos from April 30.

A car has reportedly hit a pedestrian in front of the Post Office at 2 Main St., Le Roy.

Injuries are reported.

Le Roy Fire and Le Roy Ambulance responding.

UPDATE 3:25 p.m.: Law enforcement on location and reports fire and ambulance can respond non-emergency. A chief on scene requests Le Roy Fire equipment to remain in quarters.

A Special Weather Statement was issued a few minutes ago by the National Weather Service stating: "An area of strong thunderstorms will bring torrential rains to Northern Wyoming and Southern Genesee counties. 

"Strong thunderstorms were clustered near Attica, or eight miles south of Batavia, moving east at 15 mph.

"These storms will bring very heavy rainfall to Attica and nearby locations with more than an inch of rain possible in an hour or less. Locations impacted include... Darien Lakes State Park, Le Roy, Bennington, Attica, Pavilion, Stafford, Covington, Alexander, Wyoming and East Bethany. This includes Interstate 90 near exit 47. Torrential rainfall is also occurring with this storm, and may cause localized flooding. Do not drive your vehicle through flooded roadways."

These conditions are expected until 2 p.m.