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At Terry Hills on Friday, the Genesee County STOP-DWI Advisory Board recognized the county's "top cops" for their efforts to help keep drunken drivers off the roadways as well as nine local students for the TOP-DWI posters.

Batavia Police Officer Joseph Weglarski, Genesee County Sheriff Deputy Zachary Hoy and Village of LeRoy Police Department Officer Jordan Wolcott were honored for their top performances in DWI arrests and their dedication to keeping the community safe.

The poster contest is divided into three categories. There are 1st-3rd place winners in two grade categories, 6-8 and 9-12, as well as a Computer-Generated Art Winner.

6th - 8th grade winners: 

• Alyssa Bailey, 
• Jameson Hargrave, 
• Deborah Heineman, 
• Taylor Louis and 
• Peyton Gay. 

9th - 12th grade winners: 

• Taelynn Bragg, 
• Savannah Meyer and 
• Aiden Vallett. 

The grand prize winner is Marley Santos.

To view all of the winning posters, click here.

After approving a new slate of directors for the board, Genesee County Chamber of Commerce members heard a recap of a busy 2022 from Chamber President Brian Cousins.

The year started with the annual awards banquet at Batavia Downs, attended by more than 300 people. That was followed by the Celebrate Ag Dinner in Alexander, attended by more than 400 people. After that, chamber staff got busy hosting the annual Home Show at the David M. McCarthy Memorial Ice Arena in Batavia.  During the summer, the chamber hosted its annual golf and bocce ball tournament. In the fall, there was the annual Decision Makers Ag Tour.

And then there were ribbon cuttings.  Lots and lots of ribbon cuttings. There are always ribbon cuttings.

"We get requests all the time for business openings, business milestones -- Tom Turnbull (former chamber president) always taught -- and this was probably the best thing ever taught me -- that everyone always loves a good ribbon cutting," Cousins said. And it's true. A lot of people did a ton of good things in the community this year. I'm very proud of our ability to go out and support them. We probably literally had one to two requests a week. Sometimes we had two a day."

Cousins also praised the monthly Business After Hours, held at a different Chamber member location each time, as a great way to network and form important if not lasting business connections.

All of those big events return in 2024:

• Chamber Awards, March 2.
• Celebrate Ag Dinner, March 16
• Home Show, in March
• Gold and Bocce, at Terry Hills this year on July 18
• Decision Maker's Ag Tour, being planned, date to be determined

And one of the highlights, surely, if the weather cooperates, of 2024 will be the viewing of the eclipse on April 8.  

The chamber's Tourism Bureau has been preparing for months -- there have been 50 meetings, 15 in-person talks, several monthly Zoom sessions, and "Jenny," the cow mascot, has made numerous public appearances.

And 2023 has been a good year for tourism, Cousins said.

"We are going to have a record year in terms of visitor spending into our county -- upwards of about $209 million total, sustaining about $65 million in tourism payroll. It's amazing," Cousins said.

New members of the Chamber board of directors:

• Mickey Hyde, immediate past chair
• Kristina Raff, with Nortera
• Mark Brooks, with Tompkins
• Michael Battaglia, Prudential
• Megan Palone, Oliver's Candies
• Jocelyn Sikorski, Cornell Cooperative Extension
• Jeremy Liles, Oliver's Candies.

The new board chairman is John Whiting of the Whiting Law Firm.

A 39-year-old woman was injured this morning after her 2018 Toyota left the roadway on Oak Orchard Road near Federal Drive and struck a utility pole, causing the vehicle to overturn.

The woman was the sole occupant of the vehicle. She was ejected from the vehicle. The State Police have not released her name or where she is from.

The woman was flown to Strong Memorial Hospital by Mercy Flight for treatment of serious injuries.

NYSP says this is an ongoing investigation.  

Town of Batavia Fire and Mercy EMS assisted at the scene.

Previously: Person ejected from vehicle in rollover accident near Federal Drive, Batavia

Photos by Howard Owens.

Northgate Church hosted a Veterans Appreciation Evening on Thursday, which was attended by more than 40 people, including couple of dozen local veterans.

Photo and info submitted by Michael Marsh.

A transformer may have blown at Route 77 and Route 5 in Pembroke, just north of the intersection.

Wires are down, and the grass at the base of the power pole is smoldering, according to a caller.

Pembroke Fire and Indian Falls Fire dispatched.

CORRECTIONS:  The board approved the moratorium on Nov. 9 and the state does not need to approve the zoning changes.

A potential 96-unit apartment complex in the Town of Pembroke raised issues that perhaps the town should address in its zoning code, according to Supervisor Thomas Schneider.

Schneider is suggesting a six-month moratorium on approvals for new proposed apartment complexes while the town forms a committee to study apartment zoning and propose new regulations that would eventually need state approval.

The Town Board discussed a possible moratorium at its Nov. 9 meeting, and will vote on it at a future meeting.

"The town felt it was necessary to pump the brakes a bit before new projects are proposed," Schneider said. "(We need) to bring the zoning law into line with our new normal here in Pembroke.  The current zoning on multi-family projects has been relatively unchanged for 35 years.  The town still supports development, but we do need to update the zoning law to make our expectations more transparent for developers and to give our Planning Board more tools to use in the planning stages of these projects."

Issues to address may include school bus traffic serving an apartment complex, green space requirements, the number of units per acre that should be allowed, and perhaps guidelines on design and materials. There may be other issues to raise, he said.

Schneider also told the board that given the possibility that any new complexes will receive tax abatement incentives from the Genesee County Economic Development Center, the town should consider imposing a community benefit fee.

Scheider said New York State allows for towns to implement zoning agreements with developers. His first idea is to require apartment developers to contribute funds for improvements to Pembroke Town Park.

The need for an update came to light, according to Schnieder, as the town worked through the approval process for Countryside Apartments.

Developer Mike Schmidt of Alden is planning to build four buildings over four phases at 8900 Alleghany Road. Each phase consists of a building with eight one-bedroom and 16 two-bedroom units, totaling 96 market-rate units, with 168 parking spaces along with garages.

Schmidt is planning on investing $15 million in the project.

GCEDC has approved financial assistance for the project, including an estimated $ 739,200 sales tax exemption, an estimated $ 2,020,688 property tax abatement, and an estimated $ 130,000 mortgage tax exemption.

The project has received all of the necessary approvals from the town for Schmidt to begin building.

With the expected job growth coming from two major development projects in WNY STAMP, a new distribution facility opening by the Thruway, as well as a new travel center, the demand for housing in Pembroke is on the rise and Schneider said he believes the town needs to prepare for it.

In a previous interview, Schnieder said he recognizes the need for more housing, including apartments, in Pembroke.

"My personal feeling on the whole thing is, as a former school board member, there are people who want to be in our district," Schneider said.  "Our district does need kids in the district to help it survive."

While Schmidt was going through the approval process, and promising market-rate housing, some residents expressed concern that he would pull a bait-and-switch, the seeming fate of Ellicott Station in Batavia.  Schmidt promised there would be no HUD-assisted units in his complex, the conversation suggested some residents oppose low-income and very low-income housing in Pembroke.

Schneider said on Thursday that even if the town wanted to try and block rent-subsidized apartments, it doesn't have the authority to do so.

"I don’t believe we legally could or should limit HUD-backed or (NYS Homes and Community Renewal)-backed projects, but under home rule, we do have a say in which zoning districts large-scale multi-family projects are allowed," Schnieder said. 

Asked what he would say to residents who oppose such developments, Schneider said, "There’s a place and a need for all types of housing options in a community."

Asked about whether apartments are limited to certain parts of the town, or should be, Schneider said: 

"Under the current zoning law, multi-family housing projects are allowed in nearly every zoning district.  From the developer's perspective, it is cost-prohibitive to install a septic/sewage treatment system for large-scale housing projects.  I believe the town will look to limit these multiple-building projects to areas covered by town sewer, (such as) portions of Route 5 and Route 77 and our interchange, commercial and limited commercial districts."

Once the Town Board approves a moratorium, the board will form a committee. The exact composition of the committee has yet to be determined.  It could comprise two board members, two planning board members, and perhaps a couple of town residents.

The committee would then propose zoning changes to the Planning Board and the Town Board.  The County Planning Department and Planning Board would also review the proposed changes.  Once adopted, the State Legislature would need to approve the changes.

Previously:

• Town planners give go ahead to travel center and apartments proposed for Pembroke
• Shadow of Ellicott Station throws shade on apartment plan for Pembroke, developer promises no low-income housing'
• Developer explains why he's seeking GCEDC assistance on 96-unit apartment complex in Pembroke
• Pembroke supervisor sees the need for 96-unit apartment complex, but zoning code should be reviewed

A vehicle has reportedly rolled over multiple times in the area of 8103 Oak Orchard Road, Batavia, and a person was ejected from the vehicle.

The location is between Federal Drive and the Thruway.

Mercy Flight requested to the scene. The landing zone will be near Call Parkway.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 9:27 a.m.: It appears that a grey hatchback was northbound on Route 98 and left the roadway a few feet north of the driveway to the RRH medical facility. It struck a mailbox and, further down, a Route 98 sign. It rolled over multiple times, sustaining significant damage, before coming to rest at the end of a field on its wheels. A female occupant was ejected from the vehicle and flown by Mercy Flight to Strong Memorial Hospital in Rochester.  The Batavian will have more information and pictures from the scene once the State Police release additional details.

Photos by Howard Owens.

(name redacted upon request), 21, of Buffalo, is charged with grand larceny 4th. xxxx was arrested on Nov. 1 following an investigation into an assault that occurred on Nov. 1 on Law Street, Batavia. xxxx is accused of stealing property from another person during the incident. She was arraigned in City Court and released under supervision.

Jennifer M. Shaffer, 41, of Batavia, is charged with aggravated driving while ability impaired by drugs (Leandra’s Law). Shaffer was stopped on Nov. 7 by a Batavia patrol officer at an undisclosed location. She is accused of driving while impaired by drugs with a child in the car. She was issued traffic tickets. PUBLISHER'S NOTE:  There are two women with children in Batavia named Jennifer Shaffer. Only one of the two was arrested.

Kathleen M. Zemke, 58, of Perry, is charged with DWI.  Zemke was arrested by Batavia PD following a complaint from her employer that she had shown up to work intoxicated. She was issued traffic tickets.

Phillip P. Heale, 45, of Batavia, is charged with harassment 2nd. Heale is accused of hitting another person in the face during a fight on Nov. 6 on East Main Street. He was issued an appearance ticket.

Dean D. Root, 42, of Batavia, is charged with driving while ability impaired by alcohol and criminal possession of a controlled substance 7th. Root was stopped by a Batavia patrol officer on Oct. 18 at an undisclosed location. He was issued traffic tickets.

Aaron R. Hatfield, 39, of Batavia, was arrested on a warrant (jurisdiction not provided). Hatfield was initially arrested on Aug. 14, accused of petit larceny and criminal possession of a controlled substance 7th after allegedly stealing merchandise from Tops. He was issued an appearance ticket but failed to appear in court. A warrant was issued on Sept. 26. He was arrested on the warrant on Oct. 6. He was arraigned and released. He again failed to appear in court, and another warrant was issued on Oct. 19. He was arrested on Nov. 3 and arraigned in CAP Court. He was released and is due back in court at a later date.

Caitlyn A. Heidenreich, 26, of Batavia, is charged with DWI. Heidenreich was charged following a traffic accident reported on Harvester Avenue at 7:30 p.m. on Nov. 2. Heidenreich was allegedly operating a motor vehicle that crashed into a parked car. He was issued traffic tickets and released.

Zachary D. Kaczor, 29, of Buffalo, is charged with aggravated DWI. Kaczor was stopped by a Batavia patrol officer at an undisclosed time on Oct. 29 on Ellicott Avenue, Batavia. He was issued traffic tickets.

Patricia M. Anderson, 38, of Batavia, was arrested on a warrant (jurisdiction not provided). Anderson was initially arrested on April 9 and charged with petit larceny, after allegedly stealing merchandise from 7-Eleven. She was issued an appearance ticket, but allegedly failed to appear. A warrant was issued on May 16. She was arrested on the warrant on Aug. 9. She was arraigned and released. She again failed to appear, and another warrant was issued on Oct. 10. She was arrested on Oct. 30 and was arraigned in  City Court and remanded to the Genesee County Jail on $2,500 cash bail, $5,000 bond, and $10,000 partially secured bond. 

Joanna F. Larnder, 30, of Batavia, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Larnder was arrested by deputies on a sealed indictment. Larnder is accused of selling crack cocaine to an agent of the Local Drug Task Force. She was previously arrested on charges stemming from a warrant executed by the task force in late August in the City of Batavia. During the search, she was allegedly found in possession of cocaine with the intent to sell. She allegedly failed to appear in court as ordered on those charges. Larnder was released on her own recognizance in compliance with current bail laws on the drug charges. She is being held on bail-jumping charges.

Carrie Ann Stewart, 43, of West Avenue, Attica, is charged with petit larceny. Stewart is accused of shoplifting from Old Navy on Veterans Memorial Drive at 4:48  p.m. on Sept. 27. She was arrested on Nov. 11. She was processed at the Genesee County Jail and issued an appearance ticket.

Katherine Marie Fremgen, 35, of East Avenue, Clarence, is charged with driving while impaired by drugs, failure to yield right of way, and moving from lane unsafely. Fremgen was stopped for alleged erratic operation at 10:29 p.m. on Sept. 27 on Veterans Memorial Drive, Batavia, by Deputy Alexander Hadsall. Fremgen was arrested on Nov. 13 based on the results of a blood test.  Fremgen was processed at the Genesee County Jail and released.

Edward G. Ruckdeschel, 61, of Batavia, is charged with grand larceny 3rd and two counts of grand larceny 4th. Ruckdeschel was arrested on Nov. 14 by State Police on a theft reported at 9:07 a.m. on Oct. 19 in the Town of Batavia, on a theft reported at 5:55 p.m. on Oct. 19 in the Town of Bethany, and on a theft reported at 7:14 a.m. on Oct. 20 in the Town of Alexander. He was ordered held. The State Police, contrary to state law, did not release any further details of the cases.  )See previously: Parolee with lengthy criminal record accused of multiple vehicle thefts in the county)

Richard W. Rumble, 38, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Rumble was arrested by State Police at 2:32 a.m. on Nov. 12 in the Town of Pembroke.

A white sedan is reportedly on its side on the 33a off ramp from I-490 in Bergen.

An occupant is seen walking away from the accident with his dog.

Bergen Fire and Mercy EMS dispatched.

With 26 minutes left in the first half, Mount Academy's Chris Recinos penetrated Byron-Bergen's defense and, from close range, knocked a ball over the goal line to put the Eagles out in front of Byron-Bergen/Elba in the state championship of Class C Boys Soccer in Middletown.

Eight minutes later, Alexis Mendoza blasted a penalty kick past a diving Bees keeper Martin Mac Connell to put the Eagles up 2-0.

Mendoza scored two more goals, including one on a second-half corner kick, for the hat trick. The Bees' only score was a second-half goal by forward Jack Farner.

The eventual 4-1 win was the second state title in soccer for the eight-year-old private Bruderhof Christian community high school. The Eagles won two years ago as a Class D team and were moved up into Class C, despite a student body of only 200, because of the school's perceived dominance in soccer.

While the game looked evenly matched for the first 18 minutes, the Eagles seemingly became more and more dominant, containing the Bees to their end of the field most of the rest of the way.  The Bees were not without scoring opportunities, even in the second half, but either shots were missed or were blocked.

This year, the Mount Academy girls' team won a co-champion title with a tie score in their game.

Byron-Bergen/Elba was coming off a physically and emotionally draining win against #1 seed Seton Catholic on Saturday in Goshen. That game went to double overtime, tied at 1-1, for 110 minutes of fast-paced football, followed by a best-of-five penalty kick shout that the Bees won 3-2.

The Eagles had their own emotional motivation carrying them into the final after starting midfielder Lenis Arnold suffered a compound fracture in his left in Mount Acadamy's 4-2 win in the semifinal earlier on Saturday against Waterford-Halfmoon. Arnold was on the sideline with his leg in a cast for Sunday's game.

For more photos by Howard Owens and to purchase prints, click here.

For more photos by Jennifer DiQuattro click here.

The Batavian was the only news outlet from Section V with staff at the Class C tournament games for Boys Soccer.  You can help support out local coverage by signing up for Early Access Pass.

The Oatkan Knights won their record-setting 16th sectional title at SUNY Brockport on Saturday with a 27-14 win over Attica/Alexander in Class C.

The Blue Devils opened the scoring in the first quarter with a Joseph Parkhurst 31-yard field goal (one of two FGs for Parkhurst), but Le Roy answered quickly with a Drew Strollo four-yard run for a TD followed by the PAT from Jack Currin. Le Roy held the lead the rest of the way, with Tony Piazza scoring twice and Tommy Condidorio capping things off with a two-yard run.

The final score for AA came in the waning seconds, a 30-yard pass from Trent Woods to Sam Strzelec.

Strollo rushed for 134 yards on 23 carries.  Piazza carried 20 times for 88 yards.

On defense, Strollo had five tackles, D.J. O'Geen, five plus a sack, Piazza, four, and Connor Hegeman, four.

Attica/Alexander did not submit stats.

Batavia resident Jason Smith provided these photos of geese on a pond along Ellicott Trail, taken during his Sunday morning walk.

Alexis Mendoza scored a hat trick for Mount Academy to help lead his team to a 4-1 victory over Byron-Bergen/Elba in the Class C Boys Soccer Championship at Middletown High School on Sunday.

Jack Farner scored the Bees' only goal midway through the second half.

I'll drive back to Batavia before I start editing photos from the game.  It's likely we won't have photos posted until tomorrow.

After 110 minutes of football that saw only two goals, one for each side, the state's Class C semifinal came down to a best-of-five-goal shootout.

One kicker (each team rotating through five hand-picked players) against one goalie for each team.  Byron-Bergen/Elba, the #4 seed in the tournament, against Seton Catholic, the #1 seed.

The Bees coach, Ken Rogoyski, after the game, said he always regrets that a soccer game comes down to a shootout.

"No game should be decided by PKs (penalty kicks)," Rogoyski said. "Unfortunately, we need some way to see who advances."

A penalty kick is essentially a coin flip, a 50-50 chance to make a goal. There's pressure on both sides of the ball.  It's as much a mind game as it is about athleticism. The kicker and the goalie must outguess each other. If the goalie guesses wrong and jumps the wrong way, he has no shot at blocking the shot. If the kicker guesses wrong, he has little hope of putting the ball in the back of the net.

On the first two penalty kick rounds, each goalie guessed right. On the next two, the guessing game favored the kickers.

So, coming into the fifth round, both sides were even at two goals each. 

Braedyn Chambry made his kick to give the Bees a 3-2 edge.

That put the pressure on Carter Prinzi, normally a midfielder but called upon by Rogoyski to provide the keeper position with some fresh legs. Prinzi was well aware he had to outwit the opposing kicker.

He said he tried to use some body language to play mind games with the opposing kicker to hopefully get him to kick the ball where Prinzi wanted it to go.  He was committed to a side, and he wanted to convince the kicker to pick that side. 

We may never know if the trick worked, but the result was the same.  The kicker kicked to his left, and Prinzi dove to his right and got his hands on the ball, batting it away.

"(Blocking the kick) means a lot," Prinzi said. "I mean, it pushed our team to the finals. It's probably one of the best moments in sports I've ever had."

Prinzi won the game within the game, and as a result, Byron-Bergen/Elba will play Mount Academy, the Section IX champs, today (Saturday) at 11:30 at Middletown High School for the state's Class C championship in Boys Soccer.

The championship game comes after the day after a long, hard-fought, high-energy game against Seton. 

Rogoyski said his side would be ready.

"It's all about recovery," Rogoyski said. "Whoever recovers the best between now and tomorrow's game wins."

For much of the game, the Bees were defending a 1-0 lead on a goal by Jack Farner, with an assist from Colin Martin.  

"Yeah, me and Colin, we've been doing it all season, just playing with each other, and I know where he's gonna place the ball, and I just run the way I think it's gonna go, and it just works out," Farner said. 

Seton evened the score with less than 12 minutes left in regular time following a yellow card on a Bees defender within striking distance to the goal. The resulting kick sailed over the head of keeper Martin Mac Connell. 

That led to a pair of 15-minute OT periods, both ending nil-nil and setting up the penalty kick shootout.

Rogoyski credited Seton for playing a great game. 

The Bees seemed to dominate control up until Farner's goal, then Seton adjusted its tactics and began to make more incursions into Byron-Bergen's defense. The sides were evenly matched the rest of the way -- both getting their chances and both facing stout defenses when the scoring opportunities came.

"They played a good game, a great game," Rogoyski said. "They were tough. They were strong."

After such a long, tough game, Farner said he and his teammates will be ready for Sunday's 11:30 a.m. game.

"I'm feeling good," Farner said. "I'm just speechless. That (the shootout) was insane, but I feel confident that we're gonna get this win, and we're gonna come home state champs."

The Batavian was the only media outlet within Section V that had a reporter or photographer at the Class C state championship tournament in Boys Soccer. You can help support our coverage by joining Early Access Pass.

The Alexander Trojans lost the Far West Regional in Girls Volleyball on Saturday to Chautauqua Lake, three sets to one.

Set Scores:

• 25-15
• 18-25
• 26-24
• 25-16

Photos by Brennan Bezon

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.

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’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.

According to reports in early October, Plug Power is considered a strong contender for a portion of $7 billion in federal grants for alternative energy projects. In 2019, the federal government committed $4 million to the company.

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.

A 74-year-old Stafford resident was struck and killed by a 2010 GMS Sierra on Thursday on Route 5 in the Town of Stafford, according to State Police.

James R. Ehmann was getting his mail at the time he was struck, according to the report.

The Sierra was traveling westbound and entered the turn lane at Batavia Stafford Townline Road when it struck Ehmann.

Paramedics attempted life-saving measures and Ehmann was transported to United Memorial Medical Center, where he was pronounced dead.

The 52-year-old driver, who was not identified by State Police, is suspected of impairment or distracted driving.

The NYSP Collision Reconstruction Unit and Bureau of Criminal Investigation assisted in this investigation.

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.