The Bees Carter Prinzi with the winning save in a penalty box shootout following a double overtime match between Byron-Bergen/Elba vs. Seton Catholic at Goshen High School in Goshen. Photo by Howard Owens
The Byron-Bergen/Elba Bees will play for a state championship in Boys Soccer on Sunday in Middletown after winning a double overtime match that was decided by a shootout against Seton Catholic.
Jack Farner, with an assist from Colin Martin, scored the only goal for the Bees in the first half and the Bees held Seton scoreless until just 11 minutes left in the match.
Regular time was followed by two 15-minute overtime periods that could have been decided by a "golden goal" (the first team to score wins).
The OT periods were followed by a five-shot shootout with Carter Prinzi stepping into the goal. Each of the first two shots by both teams was blocked by each goalie, then each team made their next two goals. Jesus Aragon made the fifth attempt for the Bees, giving Prinzi the opportunity to make the game-winning save.
Sunday's game begins at 11:30 a.m. at Middletown High School against Mount Academy from Section IX.
More photos and coverage coming this evening.
The Batavian is providing exclusive coverage of the Class C Boys Soccer State Championship matches. You can help support our coverage by joining Early Access Pass.
Photo via Genesee County Economic Development Center.
Uncertain about its ability to raise more investment capital, Plug Power, currently building a hydrogen fuel cell plant in WNY STAMP informed the Security and Exchange Commission in a filing on Friday that it may not have the ability to remain a "going concern" over the next 12 months.
The Latham-based company started selling public stock in 1999 and has never reported a profit, which is not unusual for early-stage start-ups.
The company is working on several options to raise more capital, such as "various financing solutions from third parties with a particular focus on corporate level debt solutions, investment tax credit related project financings and loan guarantee programs, and/or large scale hydrogen generation infrastructure project financing."
The net losses for Plug Power in the third quarter were $0.47 per share for the third quarter, steeper than the $0.30-per-share loss expected by analysts.
In the filing, the company emphasizes the uncertainty of the effort.
"Those plans are not final and are subject to market and other conditions not within the Company’s control," the company stated in the filing. "As such, there can be no assurance that the Company will be successful in obtaining sufficient funding. Accordingly, management has concluded under the accounting standards that these plans do not alleviate substantial doubt about the Company’s ability to continue as a going concern.
News of the weaker-than-expected earnings report and the liquity problems drove Plug Power's stock price down from $5.93 per share to $3.53 per share.
Plug Power's chief financial officer, Paul Middleton, according to Yahoo Finance, characterized the wording of SEC filing as language required by standard accounting principles but the company remains confident about its future.
"It's a lot more conservative obviously than what we feel like," Middleton added. "But I have a $5 billion balance sheet that's unlevered. I mean, I really don't have any debt. So, we still are extremely confident about the range of parties and solutions that we're working with."
The company reported $5.4 billion in assets, including $110 million in cash with an operating loss in the third quarter of $273.9 million.
The Company’s working capital was $1.3 billion as of Sept. 30, In addition, the company has available-for-sale securities and equity securities of $388.8 million and $67.8 million, respectively.
The company stated that it "expects to generate operating losses for the foreseeable future as it continues to devote significant resources to expand its current production and manufacturing capacity, construct hydrogen plants, and fund the acquisition of additional inventory to deliver our end-products and related services."
CEO said in an earnings call that the third quarter was difficult.
"Over the past several months, there have been enormous challenges associated with the availability of hydrogen, primarily due to downed plants, including our Tennessee facility, and temporary plant outages across the entire hydrogen network," he said.
Plug Power is building a $290 million fuel cell plant at STAMP in the Town of Alabama. The company is being (most of the funding is contingent on completion of the project) financially backed by the Genesee County Economic Development Center and New York State.
A GCEDC official did not immediately respond to a request for comment on the SEC filing.
Here is the full paragraph of a key statement in the filing:
These conditions and events raise substantial doubt about the Company’s ability to continue as a going concern. In accordance with Accounting Standards Update ("ASU") No. 2014-15, “Disclosure of Uncertainties about an Entity’s Ability to Continue as a Going Concern (Subtopic 205-40),” management has evaluated whether there are conditions and events, considered in the aggregate, that raise substantial doubt about the Company’s ability to continue as a going concern within one year after the date of the condensed consolidated financial statements are issued and has determined that the Company’s ability to continue as a going concern is dependent on its ability to raise additional capital. To alleviate the conditions and events that raise substantial doubt about the Company’s ability to continue as a going concern, management is currently evaluating several different options to enhance the Company’s liquidity position, including the sale of securities, the incurrence of debt, or other financing alternatives. The Company’s plan includes various financing solutions from third parties with a particular focus on corporate-level debt solutions, investment tax credit-related project financings and loan guarantee programs, and/or large-scale hydrogen generation infrastructure project financing. Those plans are not final and are subject to market and other conditions not within the Company’s control. As such, there can be no assurance that the Company will be successful in obtaining sufficient funding. Accordingly, management has concluded under the accounting.
Brian William Kennedy, 47, of East Main Street, Batavia, is charged with petit larceny, possession of burglary tools, and conspiracy 6th. Kennedy is accused of entering Dick's Sporting Goods at 2:49 p.m. on Nov. 6 and removing the security tag from a coat. He then allegedly left the store without paying for the coat. He was located by deputies inside Walmart a short time later. In the initial report, there was a possible second subject involved in the case. No second arrest has been announced by the Sheriff's Office. The deputies handling the case are Chad Cummings, Jenna Ferrando, and Richard Schildwaster.
John J. Saddler, Jr., 36, of West Main Street, Batavia, is charged with petit larceny. Saddler is accused of stealing a bag of commissary items from the Genesee County Jail on Nov. 6 at 5:49 p.m. during commissary distribution. Saddler was issued an appearance ticket.
Sylvan Parker Grayson, 34, of West Main Street, Batavia, is charged with obstructing governmental administration 2nd. Grayson, an inmate at the Genesee County Jail, is accused of using shaving cream to obscure the view of a camera in the jail. He was arrested and returned to custody in the jail.
A Rochester resident has been accused of dealing drugs in Genesee County following a six-month-long investigation by the Local Drug Task Force into the possession, transportation, and sale of crack cocaine.
Alterique Day, 51, is charged with criminal sale of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance in the third degree, a Class B felony.
Day was taken into custody on Nov. 7 by deputies on a sealed grand jury indictment warrant issued by Genesee County Court.
In late August, Day was accused of selling a quantity of fentanyl to an agent of the task force in the City of Batavia and taken into custody. He was charged with criminal possession of a controlled substance with intent to sell and criminal possession of a weapon. He was initially held on bond but then released later in accordance with state bail laws.
On the new charges, he was arraigned in County Court and released on his own recognizance in accordance with state bail laws.
The task force was assisted by deputies, deputies from Livingston County, and the District Attorney's Office.
Cara Williams, grade 11, performs "She Used to Be Mine" from Waitress. Photo by Howard Owens.
The Oakfield-Alabama Music Department presented its annual Cabaret night before a packed house in the school's auditorium.
The night's theme was 'Leave your troubles outside, with dozens of students performing solo or in ensembles.
Shane Coast, grade 9, performs Weird Al Yankovic's "I Love Rocky Road," a parody of "I Love Rock and Roll" by Joan Jett. Photo by Howard Owens.
Photo by Howard Owens.
Emily Gould, grade 9, performs "A Million Dreams" from The Greatest Showman. Photo by Howard Owens.
Kaylle Merkel, 9th, Allison Wiliams, 9th, Teagan Falk, 10th, Emily Szplyman, 10th, Jessica Sosnowski, 11th, Cara Williams, 11, and Rachael Wight, 12 (order from the program not necessarily the order on stage), perform "Vienna" by Billy Joel. Photo by Howard Owens.
Amora Mabon, 10th grade, performs "Don't Rain on My Parade" from Funny Girl. Photo by Howard Owens.
A 58-year-old Le Roy woman died at the scene this morning after her car struck a deer on Route 19 near Selden Road in the Town of Le Roy.
First responders confirmed with dispatch this morning that there was a fatality when they arrived on scene.
The victim is Judith A. Purdy.
Purdy was driving north on Route 19 when her 2016 Nissan struck a deer that had just entered the roadway. The Sheriff's Office reports that she died from injuries that were the result of the collision.
She was pronounced dead at the scene by Coroner John Peck.
The accident is being investigated by the Sheriff's Office. Assisting at the scene were Le Roy Fire, Le Roy Ambulance, and Le Roy PD.
The two Section V Class D champions in Girls Volleyball met on Tuesday in a crossover game to determine who advances in the postseason, and Alexander beat Elba three matches to zero.
Patricia McDonald, 37, of East Avenue, Batavia, is charged with offering a false instrument for filing in the first degree and grand larceny 3rd after an investigation by Social Services Investigator Robert Riggi. McDonald is accused of falsely reporting that her children were residing with her in order to obtain additional SNAP benefits in the amount of $2,501. McDonald was arraigned in Town of Batavia Court and released on her own recognizance.
James Harris, 63, of Oak Street, Batavia, is charged with grand larceny 4th and welfare fraud 4th after an investigation by Genesee County Department of Social Services Investigator Robert Riggi. Harris is accused of failing to report income from a job he had, resulting in him receiving $2,395 in SNAP benefits he was not entitled to. Harris was arraigned in Town of Batavia Court and released on his own recognizance.
Remy Lacey, 33, of East Main Street, Batavia, is charged with welfare fraud 3rd and grand larceny 3rd after an investigation by Genesee County Department of Social Services Investigator Robert Riggi. Lacey is accused of failing to report wages from a job he held, resulting in him receiving $3,326 in SNAP benefits he was not entitled to. Lacey was arraigned in Town of Batavia Court and released on his own recognizance.
The cast of the one-act play, Mr. Icky by F. Scott Fitzgerald. Photo by Howard Owens.
This month's night (or afternoon) of theater at Main St. 56 Theater at Batavia City Centre consists of three one-act plays performed by members of Batavia Players.
The plays are:
"The Bear," by Anton Chekov
"Mr. Icky," by F. Scott Fitzgerald
"Verbatim," by Albi Gorn
Showtimes are 7:30 p.m. on Friday and Saturday and 2 p.m. on Sunday. Tickets are $16 for adults and $14 for students and seniors.
A six-month investigation into the possession, transportation, and sale of crack cocaine in and around Genesee County has led to the rest of a 36-year-old Batavia resident.
Philp R. Chin, of McKinley Avenue, is charged with two counts of criminal sale of a controlled substance, three counts of criminal possession of a controlled substance, and one count of tampering with physical evidence.
Chin was taken into custody on a sealed indictment warrant issued by Genesee County Court on Thursday evening following a traffic stop in the Village of Le Roy initiated by members of the Local Drug Task Force.
He is accused of selling crack cocaine to an agent of the task force in Batavia on two separate occasions.
During the traffic stop, Chin was allegedly found in possession of crack cocaine and attempted to conceal it from arresting officers.
Following arraignment in County Court, Chin was released on his own recognizance in accordance with current New York State bail laws.
The task force was assisted by uniformed deputies, Le Roy patrol officers, and the District Attorney's Office.
Four people are facing weapons and drug charges following the execution of a search warrant by members of the Local Drug Task Force on Oct. 28 at 14 South Spruce St., Batavia.
The arrests were the result of a months-long investigation, according to the Sheriff's Office.
Taken into custody were:
Haley Larnder
Michael Torres
Michael J. Torres, 40, Batavia, no street residence provided, is charged with criminal possession of a weapon 2nd for allegedly possessing a loaded firearm, a Class C felony, criminal possession of a controlled substance 3rd, a Class B felony, and criminal possession of a weapon 3rd, a Class D felony.
Haley M. Larnder, 24, Batavia, no street residence provided, is charged with criminal possession of a weapon 2nd for allegedly possessing a loaded firearm, a Class C felony, criminal possession of a controlled substance 3rd, a Class B felony, and criminal possession of a weapon 3rd, a Class A misdemeanor.
Dawn M. Morford, 60, Batavia, no street residence provided, is charged with criminal possession of a controlled substance 3rd, a Class B felony, and criminal possession of a weapon 3rd, a Class D felony.
Jason Freeman
Dawn Morford
Jason H. Freeman, 42, Batavia, no street residence provided, is charged with criminal possession of a controlled substance 3rd, a Class B felony, and criminal possession of a weapon 3rd, a Class D felony.
The Sheriff's Office did not provide details on the weapons nor narcotics allegedly recovered at the scene.
All four defendants were held pending arraignment.
The task force was assisted by the Batavia Emergency Response Team, uniformed officers, Batavia PD, and the District Attorney's Office.
Terrance L. Falk, 25, of Batavia, is charged with criminal possession of a weapon 3rd and menacing 2nd. Falk is accused of threatening two people with a knife during an altercation on Washington Avenue at an undisclosed time on Oct. 24. He was arraigned and ordered back to court at a later date.
Victor M. V. Diaz, 22, of Canisteo, is charged with gang assault 2nd. Dias is accused of causing serious physical injury to another person during an altercation on Law Street on May 30, 2022. Dias was arrested on Oct. 19 and arraigned in City Court and released under supervision.
Victor Diaz
Jennifer K. Freeman, 39, of Batavia, is charged with assault 2nd. Freeman is accused of striking another person in the head with a blunt object on Oct. 17 at an undisclosed time and location, causing injury. Freeman was arraigned and released.
Keith M. Lewandowski, 32, of Albion, is charged with robbery 3rd, criminal possession of a weapon 3rd, menacing 2nd, and harassment 2nd. Lewandowski is accused of being involved in a disturbance on Oct. 14 at an undisclosed time and undisclosed location where Lewandowski allegedly struck another person, threatened that person with a knife, and stole the victim's mobile phone. Lewandowski was arraigned and ordered to reappear at a later date.
Jennifer Freeman
Keith Lewandowski
Christopher H Monfort, 51, of Webster, was arrested on a warrant on Oct. 17. Monfort was initially charged on Feb. 18 with criminal possession of a controlled substance 7th, aggravated unlicensed operation of a motor vehicle 2nd, and switched license plates. He was released on appearance tickets and is accused of failure to appear in court. Monfort was arraigned and held on nominal bail.
Amber L. Turner, 30, of Batavia, Batavia, was arrested on a warrant on Oct. 16. Turner was initially charged with making graffiti on July 28 after allegedly spray painting the sidewalk on South Main Street. The warrant was issued after Turner allegedly failed to appear in court. She was arraigned in City Court and released.
Malik I Ayala, 32, of Batavia, is charged with petit larceny. Ayala is accused of stealing merchandise from Kwik Fill on Jackson Street on Sept .19. He was issued an appearance ticket and released.
Sarah E. Hill, of Corning, is charged with harassment 2nd. Hill is accused of striking another person at a location on West Main Street, Batavia, on Oct. 3. She was issued an appearance ticket and released.
Benjamin G. Evans, 35, of Batavia, was arrested on a warrant on Oct. 13. Evans was initially arrested on July 9 and charged with petit larceny after allegedly stealing a package from the front porch of a residence. The warrant was issued on Oct. 11 after he allegedly failed to appear in court. He was arraigned and released.
Michael A Sweet, 37, of Batavia, is charged with criminal possession of stolen property 4th, identity theft 3rd, and petit larceny. Sweet is accused of possessing a stolen debit card and using it to purchase items from a local store. He was arrested on Oct. 22 and issued an appearance ticket.
Shante C. Johnson, 26, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Johnson is accused of entering a residence on Thorpe Street, Batavia, and damaging property inside on Sept. 26. Johnson was arrested on Oct. 16 and arraigned and released pending further court proceedings.
Corey A. Brown, 37, of Batavia, was arrested on Oct. 15 on two arrest warrants. Each warrant charges Brown with sex offender failure to notify change of address and Level 3 sex offender failure to verify address. He was arraigned and ordered to reappear at a later date.
Joseph M Tornabene, 32, of Batavia, is charged with criminal contempt 1st. Tornabene is accused of making unwanted physical contact with a person covered by a protective order. Tornabene was arrested on Oct. 19 and arraigned and ordered to reappear in court at a later date.
Gage A. Dieterle, 22, of Batavia, is charged with criminal mischief 4th. Dieterle is accused of damaging property that belonged to another person during an altercation on Lincoln Avenue. He was arrested on Oct. 24 and arraigned in City Court, and ordered to reappear at a later date.
James E. Murray, 24, undisclosed residence, is charged with criminal contempt 2nd. Murrary is accused of having contact with a person covered by a protective order. He was arrested on Oct. 23, arraigned in City Court and jailed.
Hailee N. Callicutt, 33, of Batavia, was arrested on Oct. 23 on a warrant issued by City Court. Callicutt was initially arrested on Jan. 1, 2022, and charged with obstructing governmental administration 2nd, resisting arrest and several vehicle and traffic violations. She was issued appearance tickets and released. Callicutt allegedly failed to appear in court, and a warrant was issued on Sept. 20, 2022. Callicutt was arrested on that warrant on Aug. 29. She was released and was scheduled to appear in court at a later date. She allegedly failed to appear again, and another warrant was issued on Oct. 16. Callicutt was located on a traffic stop in Batavia and arrested. She was arraigned is scheduled to appear in court at a later date.
Peter L. Jackson, 57, of Batavia, is charged with criminal contempt 2nd. Jackson is accused of violating an order of protection. He was issued an appearance ticket.
Ted E. Kingsley, 51, of Batavia, is charged with petit larceny. Kingsley is accused of stealing merchandise from Family Dollar on East Main Street, Batavia on Oct. 21. He was issued an appearance ticket.
Jeslene Daniell Beach, 35, of Morrow Road, Pavilion, is charged with grand larceny 4th and five counts of petit larceny. Beach is accused of stealing five checks from one person and then cashing those checks via mobile deposit. The total of the five checks cashed exceeded $1,000.
Paul Everett Cooper, 47, of Swamp Road, Bergen, is charged with 12 counts of falsifying business records 1st. Cooper is accused of making multiple false entries in his Federal Firearms License Acquisition and Disposition Log Book in an alleged attempt to conceal the crime of criminal possession of a weapon by another person. Cooper was issued an appearance ticket.
Larry Francis Dillon, 62, of Covington Street, Perry, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right. Dillon was arrested by Deputy Mason Schultz following an investigation into a motor vehicle accident reported at 9:21 p.m. on Oct. 12 on Big Tree Road, Pavilion. Dillon was transported to the Genesee County Jail for processing and released.
Todd James Strong, 52, of Rochester (no street provided), is charged with felony DWI, aggravated unlicensed operation 1st, consumption of alcohol in a motor vehicle, and parking on the highway. Strong was reportedly located at 3:22 a.m. on Oct. 19 asleep in his vehicle at Route 33 and Wortendyke Road, Batavia, by Deputy Jeremiah Gechell. Strong allegedly has two prior DWI convictions within the past 10 years. He was held pending arraignment.
Raven Madison Spikes, 21, of Porter Avenue, Batavia, and Jaliyah Shontel McClinic, 20, of Dellinger Avenue, Batavia, are both charged with petit larceny and endangering the welfare of a child. Spike and McClinic are accused of stealing items from Target in Batavia at 5 p.m. on Oct. 20 while accompanied by two children. Both were issued appearance tickets.
Ronald James Murray, Jr., 29, of Wood Street, Batavia, is charged with criminal possession of a controlled substance 7th. Deputies were dispatched to a location on Bethany Center Road, Bethany, at 4:03 p.m. on Oct. 22 to investigate a report of a male passed out behind the wheel of a vehicle. Deputies allegedly found Murray in possession of a white rock-like substance in his lab, which was later identified as crack cocaine. He was arrested and taken to the Genesee County Jail for processing before being released on an appearance ticket.
Tyler Joseph Burns, 19, no residence provided, is charged with criminal mischief (no degree of the charges listed). At 4 a.m. on Oct. 22, Deputies were dispatched to the parking lot of Batavia Downs for a report of a man going through cars. At the scene, deputies spoke with Burns. It's unclear if this happened before or after the interview, but Burns reportedly fell asleep in a bathroom at Batavia Downs, and when awoken by security, he reportedly became irate and destroyed the baby changing station. He was processed at the Genesee County Jail and released on an appearance ticket.
Jonathan Michael Falk, 25, of West Main Street, Batavia, is charged with conspiracy 6th. Also charged was Trace G. Brewer, 23, of Montclaire Avenue, Batavia, who is also charged with petit larceny. Falk and Brewer are accused of stealing from Kohl's Department Store at 4:32 p.m. on Oct. 16. They allegedly stole a $40 pair of children's Nike shoes and fled the store. Once located, the pair was taken into custody and transported to the Genesee County Jail for processing and released on an appearance ticket.
Jeremey Gene English, 21, of Ellis Drive, Brockport, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and driving with an obstructed view. English was reportedly involved in a head-on collision at 12:07 a.m. on Oct. 29 on Route 33 in Pembroke. English was processed at the Genesee County Jail and released on an appearance ticket.
Casey Thomas Vaughn, 34, of Prestige Xing, Batavia, is charged with criminal contempt 2nd. Vaughn is accused of violating a complete stay-away order at 8:21 p.m. on Oct. 26 by allowing the protected party into his residence. He was helped pending arraignment.
Marando Lena Button, 30, of Batavia (no street address provided), is charged with criminal possession of a controlled substance 7th and insufficient signal. Button was allegedly found in possession of drug paraphernalia following a traffic stop by Deputy Jeremiah Gechell at 12:01 a.m. on Oct. 28 on Lewiston Road and Park Road, Batavia. Button was processed at the Genesee County Jail and released on an appearance ticket.
Miguel Esquivel Alvarez, Jr., 28, of Main Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, unlicensed driver, and inadequate lights. Alvarez was stopped at 1:30 a.m. on Nov. 1 on Clinton Street Road, Batavia, by Deputy Zachary Hoy. He was issued tickets and released.
Ronald Walter Sibs, 58, of Stonebriar Lane, Rochester, is charged with criminal trespass 3rd. Sibs is accused of being inside Batavia Downs at 6:27 a.m., Oct. 28, after being previously barred from the property. He was processed at the Genesee County Jail and released on an appearance ticket.
Trevvohn Sherreff Parker, 32, of West Avenue, Medina, is charged with petit larceny. Parker is accused of stealing fuel from the TP Deli on the Tonawanda Indian Reservation at 1:34 p.m. on Oct. 7. He was arrested on Nov. 5 and issued an appearance ticket.
Jason J. Meyer, 46, of Elba is charged with DWI and driving with a BAC of .08 or greater. Meyer was stopped by State Police in the Town of Oakfield at 6:26 p.m. on Nov. 3. He was released on an appearance ticket.
Robert O. Taft, 49, of Alexander, is charged with criminal contempt 2nd. Taft was arrested in connection with an incident reported 7:35 p.m. on Nov. 1 in the Town of Alexander. Taft was released on his own recognizance.
Heather N. Holbrook, 38, of Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, and criminal possession of a controlled substance 7th. During an arrest on an unrelated warrant on Oct. 24, Holbrook was allegedly found in possession of narcotics. She was arraigned and ordered held.
Jeffrey D. Bald, 41, of Le Roy, is charged with burglary 2nd and petit larceny. Bald is accused of entering a residence on East Main Street, Batavia, and stole property. Bald was arraigned in City Court and jailed.
Robert D. Griffin, 45, of Batavia, is charged with criminal contempt 1st and assault 2nd. Griffin is accused of sending multiple harassing text messages and leaving voicemails to a protected party. While in custody, Griffin allegedly kicked a door, which hit and injured an officer. Griffin was arraigned and ordered held without bail.
Martin J. Rodgers, 39, of Batavia, is charged with assault 3rd, and Wayne D. Potter, 40, of Batavia, is charged with attempted assault 3rd. Both men were arrested on Oct. 27 following an investigation into a fight on Oct. 14 at a location on West Main Street, Batavia. Both men were issued appearance tickets.
Timothy J. Stump, 51, of Batavia, is charged with criminal mischief 4th. Stump is accused of damaging property inside a residence on Highland Park on Oct. 28. He was issued an appearance ticket.
Haley M. Larnder, 24, of Batavia, was arrested on Oct. 29 on a warrant issued by City Court. Larnder was initially arrested on March 19 and charged with criminal possession of a controlled substance 7th. She was issued an appearance ticket and was to appear in court at a later date. She allegedly failed to appear, and a warrant was issued on April 11. She was arrested on the warrant on April 21. She was arraigned in City Court and released on her own recognizance. Larnder again allegedly failed to appear in court, and another warrant was issued on June 22. She was arrested on that warrant on Aug. 2. She was arraigned and released. She again allegedly failed to appear in court, and a third warrant was issued on Aug. 21. She was located and arrested on Oct. 29. She was arraigned and was released on her own recognizance.
Lawrence J. Sharpstene, 44, of Batavia, was arrested on Oct. 28 on a warrant issued by City Court. Sharpstene was initially charged on Aug. 28 on charges of aggravated unlicensed operation of a motor vehicle 3rd and expired inspection following a traffic stop on East Avenue. Sharpstene was issued traffic tickets. The warrant was issued after he allegedly failed to appear in court. Sharpstene was arraigned in City Court and released.
James J. Richardson, 45, of Sweden, is charged with harassment 2nd. Richardson allegedly struck another person in the face while at T.F. Brown's on Oct. 27. He was issued an appearance ticket.
It's been 15 years since Steve Hyde first conceived of a massive, high-tech industrial park in Genesee County, and in 2023 Hyde is still focused on turning WNY STAMP into a fully realized mega site in the Town of Alabama even as the project faces its biggest legal challenges yet.
Hyde, the CEO of the Genesee County Economic Development Center, and Jim Krencik, the agency's marketing director, spoke with The Batavian on Friday primarily to discuss a new $56 million round of funding from New York State.
The infusion of cash, Hyde shared in his unbowed enthusiasm for all things STAMP, will help take STAMP -- with two projects already being developed -- to the next level, making it more attractive to a new wave of site selectors.
"It helps get Edwards what they need to get up and running and hiring their first 300 or so employees and building their first quarter million square foot factory," Hyde said. "The future is really that 310-acre campus (see map above) that's pretty much the largest available parcel in the state, and (the funding) fully makes it plug-and-play ready. That's really where I think the benefit is. That's where the interest is.
“You know, I couldn't have envisioned 15 years ago when this was a twinkle in my eye, and the board was helping me shape the thoughts and the strategy around it -- I just couldn't have imagined that 15 years later, we've got big sites like these out there. (We've got them) because of the chip sector, because of the Federal IRA (Inflation Reduction Act), because of the big focus right now -- all these big electric vehicle plants, battery plants, chip fabs, supply chain support for the chip fabs, solar projects,” he said. “There are less than two dozen mega sites at the same level of development as STAMP in the entire country. We're seeing deal flow right now like never before. And the more you can build the capacity, the infrastructure and really have it ready to support a company's timeline, it makes us far more competitive."
At the same time, GCEDC received notice from the U.S. Fish and Wildlife Service to temporarily halt the construction of a sewer line through the Iroquois Wildlife Preserve.
Hyde believes GCEDC will get past these challenges and be able to carry on with the agency's original plans, but if not, plans are being developed for alternative solutions, he said.
As for the lawsuit, Hyde said, "I'm really confident in the strength of our arguments."
The northern route for the sewer line, he said, is the most environmentally sound option, which is why the route was recommended by the Department of Environmental Conservation.
"If you look at the reality of what we're dealing with, in that case, that particular situation, it is DEC permitted," Hyde said. "They spent three years reviewing the plans. The DEC directed us to put the flow there because it was the best place for the care of that water body versus where we were looking as an option in Genesee County. It would have been more environmentally challenging than to do it in Genesee, and that was the reason they selected that area. There was careful study by the authority that has the responsibility for maintaining and protecting our environment. And they issued the permit. And that permit is far more stringent than what the Medina Wastewater Treatment Plant is currently operating under because they're grandfathered.
"So when I look at the challenges that are before us and presented, it's procedural things, and with procedural things, there are always ways to find solutions. So I am not at all concerned about proceeding, because it's a long pathway to do all this stuff anyway. And at the end of it, by proceeding, we're going to enjoy greater economic vibrancy here in this region."
Fish and Wildlife has not completely killed off the sewer line project with its stop-work order. GCEDC must come up with a plan to better contain and remediate potential environmental hazards during construction following two leaks in late summer and early fall of material used to help create boreholes for the pipeline.
He (Masse) said that during the construction of the wastewater pipeline, a channel is drilled through the subsurface and then filled with what is essentially mud to hold the line's shape while the pipe is slid into place.
"It's basically water and clay," Masse said. "The soil is so soft that it actually ended up going out through the soil. We've done the appropriate cleanups, we had an approved frac-out plan with the DEC ahead of time as part of our permitting. We are making improvements to it, and all of that cleanup and review is subject to the DEC review."
Asked to clarify what happened, Masse said, "In some cases in the refuge, the ground is so porous that when they put the mud in, it leaks out through the sides. It came up to the surface. And that's what they call a frac-out. But it is nothing more than mud. So we had vac trucks on site and cleaned it up. We have subject to DEC inspection on that and in accordance with our frac-out plan."
Calling the substance "mud" is technically accurate, but it is also an incomplete explanation.
There was a small spill in August, followed by a 100-gallon spill on Sept. 7.
Both spills contained "Wyoming sodium bentonite clay slurry," according to Fish and Wildlife.
Sodium bentonite is a naturally occurring substance, but it isn't naturally occurring in the water of a wetland.
It is a water-absorbent mineral clay. You might find it in your kitty's cat sand. It is also used as a cleansing agent in wastewater treatment, a clumping agent in metal casting, a sealant in water ponds, and, yes, as a mud additive (generally considered environmentally friendly in such uses) in drilling.
The biggest concern of Fish and Wildlife was apparently the lack of a swift response to contain and clean up the second spill and the lack of proper notification to regulators on the day of the spill.
Fish and Wildlife stated in its notice letter, "This discharge was not contained on the project site and ultimately spread over an area of approximately 200 feet by 120 feet."
It states that appropriate measures were not taken to implement, install and maintain measures necessary to prevent discharge of pollutants from the site.
"When department staff were at the site on Sept. 8, despite that the frac-out had occurred over 24 hours earlier, the fracking muds and fluids had not been removed from the impacted freshwater wetland and adjacent area, and no representatives of the permittee were present," states the notice.
Fish and Wildlife takes the spill and the response seriously enough that it notes GCEDC faces potential fines pending further investigation.
Before pipeline construction can resume, GCEDC must develop a plan to reduce the chances of future spills and for a better remediation effort if there is an accident.
About a week ago, in an email interview with Krencik, he stated:
Drilling for the force main installation has been halted for the construction season to avoid any conflict with snow removal services. In addition, at the request of regulatory agencies, additional geotechnical investigations have been performed to further define the soil conditions to assist our construction teams. GCEDC and the STAMP Sewer Works Corporation (SSWC) are working closely with NYSDEC and other regulatory authorities to resolve any concerns and ensure cleanup of the release of any drilling fluids from these two frac out events before resuming construction of the force main installation during permitted construction windows next season.
The $56 million awarded to STAMP by Gov. Kathy Hochul's office is the second considerable investment in STAMP by the state. In 2014, STAMP received $33 million for infrastructure and to jump-start project development.
"It's all about capacity," Hyde said. "That $33 million, especially in this era of inflation, got used for a lot of things. That money was used to build the initial infrastructure, but it was also invested in finishing up the design and permitting of the site, which of course, takes time and money. It built the baseline roadways, built some stormwater ponds, got us going on the force main ... it was really a lot of the engineering, design, the planning and permitting, baseline infrastructure. This (the new award) expands those capacities and adds some critical pieces."
Krencik added, "We've always been trying to stay ahead of where the market is. That (the $33 million) really got our foot in the door and enabled the first projects that you're looking at being implemented as phase one projects."
There is a 310-acre plot in STAMP that Hyde said is the largest such parcel available in the state, and the new round of funding will help make it more interesting to site selectors.
There is demand for the sites still available in STAMP, Krencik said.
"When you look across our sales funnel, that's what we're seeing," Krencik said. "The demand is roughly fitting in with us, and infrastructure, it takes time. That's why you do all the due diligence, all the permitting, getting all the permits for the DEC, the town of Shelby, all these pieces getting it done. It really gets ahead of these things. And with the substation being built, a lot of this stuff is being built. The state support is a pretty clear signal of what they're feeling."
The electrical substation, both Krencik and Hyde said, is a critical component of making STAMP more attractive to site selectors and more competitive with other industrial parks.
"Electrical infrastructure, that has been one of the longest lead time items we've faced, and it is coming in right now," Krencik said. "That's one of the biggest things giving companies confidence (in STAMP)."
Hyde said the substation will provide 600 megawatts of power, which is enough to power 600,000 homes and to energize high-tech companies at the scale they need.
And all of these numbers add up to more numbers, numbers in the form of good-paying jobs that won't require college degrees, Hyde noted.
"The beauty is, these jobs are kind of that next-level jobs for the community,' Hyde said. "I mean, our average income in our manufacturing jobs is in the low 60s right now, which is really good. It's good earnings for families, especially if you put a couple of those together, right? You have a good family-sustaining income. These jobs (at Plug Power and Edwards) are around 30 percent higher than that, so we're north of $80,000 on average between all the jobs being planned. That's kind of the goal, right? STAMP is about trying to elevate our economic vibrancy for our residents and our kids. The gratifying thing is that with the first two companies that have committed here, we're already seeing what the earnings and the wealth generation will be for our community."
Plug Power, one of the two new developments in STAMP, under construction. Photo via Genesee County Economic Development Center.
Claudia Hoyser, left, and Batavia resident Valeria Antonetty, her server for the appearance at Mr. Wine and Liquor, display her Drunken Bean Whiskey. Photo by Howard Owens.
Country music recording artist Claudia Hoyser, based in Rochester, visited Mr. Wine and Liquor in Batavia on Saturday to promote her Drunken Bean Whiskey, a coffee-flavored whiskey.
It's not Hoyser's first visit to Genesee County. She's headlined at Jam at the Ridge (a now-defunct music venue) in Le Roy, recorded portions of a music video in Genesee County (see below), and has previously visited Mr. Wine and Liquor.
Earlier this year, her music video for Small Town Motels topped Country Music Television's 12-Pack Country Countdown for nine straight weeks. Since her last visit to Batavia, she's played shows from California to New York.
