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On Friday evening, Whole Life Fitness on East Main Street in Batavia, hosted its first-ever Zombie 5K.

Photos by Howard Owens

A hunter who heard a crash victim's screams called 9-1-1 leading to a response from Le Roy Fire, Le Roy Ambulance, and Le Roy PD, according to a release from the police department.

An unidentified 61-year-old resident of Brockport was seriously injured after he apparently lost control of his motorcycle at about 4:30 p.m. on Friday on Circular Hill Road, Le Roy.  

The driver's motorcycle had left the roadway and would not have been visible to any passersby, according to police.

Le Roy Officers Trerrez Smith and Sgt. Jordan Wolcott were first on scene.  They administered life-saving measures, including the application of a tourniquet to stop serious bleeding. 

The operator was transported to Strong Memorial Hospital by Mercy Flight. He is listed in critical condition, according to Le Roy PD. 

"We would like to sincerely thank the hunter for his quick action in calling 9-1-1," said Chief Greg Kellogg.  "His timely response was crucial; without it, the operator could have remained undiscovered for an unknown period.

The cause of the accident remains under investigation but preliminary indicates the driver failed to negotiate a curve in the roadway.

Photos courtesy Le Roy PD.

Is Lathan-based Plug Power pulling the plug on its $290 million green hydrogen fuel plant under construction at WNY STAMP?

Heatmap, a news organization that tracks alternative energy companies, reports that the STAMP site is not included in Plug Power's loan application with the Department of Energy. 

Plug Power has preliminary approval for a $1.6 billion loan from the DOE to help it build more fuel plants. The company is aiming to become the nation's first vertically integrated green hydrogen producer, providing customers with fuel, products, and support.

Chris Suozzi, VP for business and workforce development at the Genesee County Economic Development Center, reportedly told a Washington, D.C.-based commercial real estate firm that Plug Power's STAMP project is on hold.

Asked to authenticate the quote, Suozzi said, "no comment."

According to Heatmap, Suozzi spoke to PRP Real Estate Management. The firm recorded the phone call.

“They’re not ready to go," Suozzi reportedly said. "They’re on pause. We don’t know what’s going to happen with them at this point.”

Plug Power has not responded to The Batavian with requests for comment, including a spokesperson The Batavian has communicated with before, who didn't respond to an email sent early Friday morning.

The Batavian also reached out to two people in Sen. Charles Schumer's office  seeking comment. Schumer has been a major proponent of STAMP and a supporter of Plug Power's initiative. The Batavian has not received a response.

Editor and Publisher has described Heatmap as a start-up news company run by seasoned professionals. The company lists its leadership and reporters on its masthead, and all have substantial credentials.

The story published two days ago indicates a lawsuit filed by the Tonawanda Seneca Nation may be influencing Plug Power's actions.

Environmental justice issues have also been a drag on development. The native Tonawanda Seneca Nation is opposed to the entire industrial park because of the resulting impacts on wildlife, noise and the visual landscape. In April, the Fish and Wildlife Service revoked a necessary permit for a wastewater treatment pipeline that would be used by companies at the park.

Earthjustice attorney Alex Page – who is working with the Nation to fight the project – told me the tribe was told last year by the Energy Department that Plug Power had withdrawn the New York site from its loan application. The Nation will continue to fight the project and DOE’s loan financing to Plug Power on the chance that money could be reprogrammed to the industrial park. Page said: “The Nation remains very, very much opposed.”

When Plug Power received its preliminary loan approval in May, The Batavian published this explainer about the project:

• Plug Power is a New York-based company with headquarters in Lathan. It is a "green hydrogen" company, which means it uses renewable energy sources to convert water into hydrogen fuel, which can be stored in fuel tanks and sold to power vehicles and factory equipment.  
• In its 20-year history, Plug Power has never turned a profit. It's annual revenue is currently about $800 million. In 2023, the company reported a $1.4 billion loss. 
• Plug Power is building a $290 million hydrogen energy plant in WNY STAMP, the GCEDC-developed high-tech business park in Alabama. The plant is expected to employ 69 people with an average annual salary of more than $70,000. In exchange for the job creation, the company is anticipating $2 million in grants from New York State. 
• The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District.  Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.
• In March, the DOE awarded Plug Power grants totaling $75.7 million.
• The DOE loan, if finalized, is expected to help Plug Power complete the WNY STAMP plant, along with five others in the nation, which is reportedly critical to the company generating the hydrogen fuel sales necessary to start achieving profits.
• This phase of the loan guarantee process requires the DOE and Plug Power to negotiate a term sheet, which means "certain technical, legal, environmental and financial conditions, including negotiation of definitive financing documents, must be satisfied before funding of the loan guarantee" (company statement).

For previous coverage of Plug Power, click here.

Batavia High School's Class of 2025 was out in force in the community on Friday, helping to make a difference in the lives of community members and the organizations that serve them.

This was the 25th year BHS seniors participated in Make A Difference Day.

"Make A Difference Day is something we look forward to every year," said Superintendent Jason Smith. "It's amazing to see our seniors rolling up their sleeves and helping out all over our community. It shows our students that they can make a real difference right here at home, and it also gives them a sense of community pride and an appreciation for all the wonderful places that make Batavia special. It also sets a great example for our younger students to see these seniors pitching in. It's all about building a stronger community together and teaching our students that giving back isn't just important, it's rewarding too."

The organizations this year were:

• All Babies Cherished
• Batavia Cemeteries
• Batavia Community Garden
• Batavia Peace Garden
• City of Batavia Maintenance - starting at the bike trail on Route 33
• Crossroads House
• First United Methodist Church
• Genesee County Parks
• Genesee Co Youth Bureau
• Gen-Orleans Arts Council
• Holland Land Museum
• Main St. 56 Theatre
• Mercy Flight
• NYS School for the Blind
• Salvation Army
• The Manor House
• YMCA

It was senior night at Pembroke's Boys Soccer game on Wednesday, with members of the Class of 2025 on the team honored in a pre-game ceremony.

On the field, the Dragons came up short, losing to Newfane 2-0.

Photos by Kristin Smith.

James Pontillo, owner of the former Odd Fellows Hall in Stafford, apparently has the funds to put siding on the building and bring it up to fire code, according to information shared in Genesee County Supreme Court on Thursday morning.

The questions, according attorney David Roach, representing the Town of Stafford, is exactly whether Pontillo is planning to leave the building vacant and whether that is permissible under the town's building code.

Roach wants to consult with the architect who provided the parties in the case with a scope of work and budget. Roach said that Matthew Hume has provided two letters that seem to indicate that Hume's scope of work contemplates curing only those code violations applicable to a vacant building.

In order to clarify whether that's an acceptable offer from Pontillo, Roach said he needs to talk with Hume and determine whether that is actually what is being proposed, and if it is, is that legal? 

The total cost is expected to be about $55,000, with the cost of new siding estimated at $45,000.  Roach told Judge Diane Devlin after a recess that he reviewed financial statements on a mobile device provided by Pontillo that indicated he has $55,000 in cash available for the project.

The case is continued until Nov. 7 to give Roach time to research the issues related to the proposal.

During a discussion of the case, Attorney Chad Hummel, representing Pontillo, told Devlin that Hume engaged in the case even before he was hired by Pontillo and that the town had previously received a letter stating he would need six months to draw up plans for restoration of the building.

Roach quibbled with that representation, saying that the town wasn't asking for completed plans; rather, the town requested a scope of work, cost estimate, and schedule for completion.

Outside of court, The Batavian attempted to interview Pontillo with his attorney present and Hummell asked The Batavian to submit questions via email, promising a speedy response. Among The Batavian's questions is whether it is Pontillo's intention to leave the building vacant. The Batavian had not received a response by time of publication.

UPDATE 5:30 p.m.: Hummell responded for Pontillo. We asked Pontillo if he planned to leave the building vacant, and Hummell said, "We plan to follow the current Court Order, which requires us to get the building in full compliance with the NYS Uniform Fire Prevention Code.  We will develop further plans, if appropriate, after this stage."

We asked if leaving vacant was fair to the community, Hummell said, "With all due respect, the Pontillo's financial and other personal investments in this property are not for the community.  It will be fair however to allow them the time and space to get the building in full fire code compliance."

We noted that the building seems to be in worse condition now than when he acquired it so what assurances can Pontillo give the community that it once again becomes a building the community can take pride in, and Hummell wrote back, "That may be your opinion? The architect's current report and the engineer's report (hired by the Town) from back in 2016 clearly state otherwise."

He also said, "This matter is not about pride.  It is about the right to own property free from harassment.  Again, our current aim is to get the building into full code compliance, and we will."

We asked that while Pontillo showed he has the $55,000 available, would spending that potentially deplete his funds, and so could he really afford it, Hummell said, "Yes, and we supplied the proof.  If we could not afford it, how could we 'return it to a building the community can take pride in'?'

Lazavia M. Price, 25, of Batavia, is charged with unlawful imprisonment 1st, criminal possession of a weapon 3rd, strangulation 2nd, menacing 2nd, and assault 3rd. Price is accused of fighting with another person on Oct. 4. He allegedly strangled the other person and threatened him with a knife. He was arraigned in City Court and jailed.

Supreme R. Hines, no age nor address provided, is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration 2nd, unlawful fleeing of a police officer in a motor vehicle 3rd, and conspiracy 6th. Eric L. Ball, Jr., is charged with tampering with physical evidence, attempted grand larceny 4th, criminal possession of stolen property 5th, obstructing governmental administration, and conspiracy 6th. Hines and Ball are accused of attempting to steal a large amount of merchandise from Dick's Sporting Goods at 4:21 p.m. on Oct. 15. Hines was allegedly the driver of a Honda Accord that fled from the scene. Three deputies responded and spotted a vehicle matching the description of the suspect vehicle and attempted a traffic stop at Oak Street and Park Road. The deputies pursued the Honda Accord onto the Thruway. During the pursuit, the suspects allegedly started discarding stolen property.  The vehicle was eventually stopped by the combined efforts of deputies, troopers and officers with Le Roy PD on the I-490 in Le Roy. Hines was held for arraignment and Ball was issued an appearance ticket.

Jason Matthew Wood, 37, of Freeman Road, Byron, was arrested as a fugitive from another state on Oct. 11. The arrest warrant was issued by the Adams County Sheriff's Office in Colorado. Wood was wanted on two counts of sexual assault on a child, sexual assault on a child pattern of abuse, and two counts of sexual assault on a child from a position of trust. While deputies were at Wood's address, they noticed him pass the location on an eclectic bike. They were able to catch up with Wood and take him into custody without incident.  He was jailed pending extradition to Colorado.

Raymond A. Amaro, 38, no street address, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Amaro is accused of entering a dwelling unlawfully at 5:40 p.m. on Oct. 6 on West Main Street Road, Batavia, and of damaging the property of another person. He was held pending arriagnment.

Phillip P. Heale, 46, of Batavia, and Jessica D. Delcour, 41, of Batavia, are charged with criminal possession of a controlled substance 7th and two counts of criminal use of drug paraphernalia 2nd. Heale and Declour were allegedly found in possession of narcotics and drug paraphernalia during a home probation search on Oct. 7. They were reached and issued appearance tickets.

Dean D. Root, 43, of Le Roy, was arrested on Oct. 8 on a warrant. The warrant was issued for Root when he allegedly failed to appear in court after being issued a misdemeanor traffic ticket. He was arraigned in City Court and released on his own recognizance. 

Hillary D. Russell, 31, of Batavia, is charged with petit larceny. Russell is accused of shoplifting at Save-A-Lot in Batavia on Sept. 30. She was issued an appearance ticket.

Trace G. Brewer, 24, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Members of the Batavia Police NET Unit spotted Brewer on Watson Street on Oct. 4 and attempted to arrest him on an outstanding warrant. Brewer allegedly ran from officers but was eventually taken into custody. He was arraigned and released.

Terrance H. Riley, 36, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Riley is accused of fighting with another person in the presence of three children on Oct. 1. He was issued an appearance ticket.

Trevor N. Christman, 34, of Batavia, was arrested on a warrant on Oct. 4. Christman allegedly failed to appear in court after being issued an appearance ticket for a misdemeanor crime. He was arraigned in City Court and released.

Morgan A. Schoonmaker, 28, of Perry, was arrested on Oct. 3 on a warrant. Schoonmaker allegedly failed to appear in court on a misdemeanor traffic ticket. She was arraigned in City Court and remanded to the Genesee County Jail. 

Booker T. Ricks, 53, of Batavia, is charged with assault 3rd. Ricks is accused of punching another person several times on Sept. 28 causing injury. He was issued an appearance ticket.

Kevin Allan Knickerbocker, 53, of West Main Street, Byron, is charged with criminal contempt 2nd.  Knickerbocker is accused of violating an order of protection at 3:32 a.m. on Oct. 12 at a location in Byron by placing the protect party in fear for his or her safety. Knickerbocker was issued an appearance ticket.

A homegrown company is growing again.

On Wednesday, Oxbo International hosted a ceremonial groundbreaking at its future 195,000-square-foot manufacturing facility at 7101 South Lake Road, Bergen.

The new factory, situated on 49.7 acres, will replace the existing plant at 7275 Byron Road, Byron.

"We outgrew our facility back in the late 90s. So, 25 years later, we finally thought we should do something about it," said Joe Perzia, president of Oxbo. "We're a little slow on the uptake. Over the years, we've prided ourselves on lean manufacturing principles and tried to get as much production through a tiny space as possible. But being resourceful, some say frugal, has its limitations. This is no longer suitable for going company, so with the full support and encouragement of our shareholders, we are moving forward in this new chapter."

The new location is part of the GCEDC-created industrial park, Apple Tree Acres, which already includes Liberty Pumps, Craft Cannery ), All Season Party Tent Rentals, GE Renewable Energy, Insurance Auto Auctions, and Leonard Bus Sales.

The $43 million project is expected to create 140 jobs initially with plans to add 60 more.

Financial assistance for the project has come from Genesee County Economic Development Center and Empire State Development.

GCEDC's assistance is in the form of sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million via payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000.

Additionally, ESD award Apple Tree Acres a $1.26 million grant that supports needed electrical infrastructure upgrades, including improvements to the electrical substation and distribution lines, increasing the capacity to serve anticipated load growth. The upgrades are expected to assist not just the new facility, but the rest of the industrial park.

Assemblyman Steve Hawley praised Oxbo as a local success story.

"Oxbo is a shining example of the entrepreneurial spirit being alive and well in Western New York, and I couldn't be more thrilled with the work they'll be doing following this groundbreaking. We've got more jobs on the horizon, more focus on the importance of the agriculture industry in this state and across the world, and more faith in our farmers with these continued investments in farming technology."

Oxbo began in Byron as a pallet repair business and then became Byron Equipment after filing for a patent on a corn head -- a mechanism to attach to the front of a combine that picks ears of corn off of stalks, leaving the stock behind. 

The company then grew through mergers and acquisitions.

In 1998, Byon Equipment acquired a competitor in Wisconsin, and the new management team settled on the name Oxbo, after an oxbow that yolks and ox team together, to symbolize the concept of the new two integrated teams pulling together.

Both plants stayed in production.

In 2003, Oxbo acquired a pea-picking combine company in Illinois and moved that manufacturing operation to Byron.  Oxbo is the only manufacturer of a pea-picking combine in the U.S.  

In 2004, Oxbo acquired a fruit company in Washington state, and this past June, the company acquired another company in Wisconsin.

However, one of the biggest mergers occurred in 2009, when Oxbo merged with its largest customer in Europe and moved its headquarters to the Netherlands.

The company also operates plants in Brazil, the United Kingdom, and France.

Oxbo employs about 1,200 people in total, 700 in the U.S. The company's gross annual revenue exceeds $400 million.

Shelley Stein, chairwoman of the County Legislature, noted how the grit and determination of a local farmer, Richard 'Lefty' Glazer, to take an entrepreneurial leap and create a copay that now serves a worldwide agricultural industry.

"Homegrown talent and skills joined up with innovation then and now have created the need to continue that growth in supporting agribusiness in our county, our region and our world," Stein said. "Genesee County commends Oxbo for their continued growth and expansion."

A 45-year-old Lockport man admitted in Genesee County Court on Wednesday to concealing a human body in the trunk of a car and parking it in the town of Alabama on March 17.

Norman S. "Bud" DeBois entered a guilty plea to concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

DeBois was initially charged in April with additional counts of hindering prosecution in the first degree and conspiracy in the fifth degree, a Class A misdemeanor.

Wednesday's plea satisfies all charges. He faces from 1 1/3 to 4 years in prison. He is scheduled to be sentenced on Jan. 21 at 2:15 p.m.

On March 19, while investigating a missing person complaint out of Niagara County, Sheriff's deputies found the body of Michael G. Poole, 59, of Olcott.

Two Niagara County residents are accused of conspiring to murder Poole.

On April 19, Kathryn A. "Kit" Henry, 33, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the first degree, a Class B felony, concealment of a human corpse, a Class E felony,  hindering prosecution in the first degree, a Class D felony, tampering with physical evidence, a Class E felony, conspiracy in the second degree, a Class B felony, and conspiracy in the fourth degree, a Class E felony. CLARIFICATION: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony.  She is no longer facing a murder charge as previously reported.   

Last week, Edward A. Dunn, 38, of Lockport, was charged with murder in the second degree, a Class A-1 felony, assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

Those two cases are pending further court proceedings.

There were a couple of turns in the road on the way to approval for a new mobile phone tower for Verizon customers in the area of 9321 Wilkenson Road in the town of Batavia, but in the end, the town's planning board approved a special use permit and site plan review.

Bell Atlantic Mobile Systems LLC is the official applicant. The tower will be 154 feet high, have a four-foot lightning rod, and nine antennas on it, along with associated equipment on the ground.

Tuesday's meeting was the second time the board approved the same project.

The first approval had to be redone because of a "miscommunication," said board President Kathy Jasinski. At a previous meeting, the board moved ahead with approval even though the project had not yet been reviewed by the Genesee County Planning Board.

Last week, the county board recommended approval but with modifications.  Members voted to require space on the tower for public safety purposes, such as the 9-1-1 system at no cost to the public.

That was another turn in the road.

Steve Fantuzzo, an attorney with Nixon Peabody LLP, representing Verizon, said Verizon objected to that requirement.

"It's a takings issue," Fantuzzo told the board. "It's the government taking property without providing compensation.  Basically, it is not legal for the county to say we're taking space on the tower, or else we don't recommend approval. So the reality is that Verizon will accommodate them, and when they request it, they're generally willing to accommodate that space, but as a condition and a requirement, Verizon would object to that."

Board members quickly agreed that space on the tower should not be a requirement but had a short discussion about whether to amend a motion to remove that requirement or if a motion to reaffirm the board's prior approval would be adequate.

The board's attorney, Matthew Fitzgerald, recommended reaffirming the prior approval.

"If you're going to override the county's recommendation, you will need to send them an explanation," Fitzgerald said. "You'll need a majority plus one vote, which, if all members here vote in favor, that's fine. You will need to send them the reason you decided to go against their recommendation."

The board did not need to incorporate that decision into the motion itself, he said.

"I think the minutes will capture the discussion that was just had, as well as me interjecting, clarifying that was the reason," Fitzgerald said.

The board unanimously approved both the special use permit and the site plan review.

One could say, perhaps, that it takes a village to build a police station.

At least that's the case this fall in the Village of Corfu, where people are volunteering their time to help convert a building that was once a bar but has sat vacant for at least 20 years into a police station.

The Corfu Police Department has never had a proper police station for the past 25 years, it's operated out of what is essentially a broom closet at the Village Hall, said Deputy Mayor Michael Doktor.

"We have officers, board members, community members, volunteering (to help complete renovations)," Doktor said. "Our maintenance man is also helping."

The property, at 81 East Main St., is nearly 39 acres and contains a house and a four-bay garage.

The village purchased the property in January.  Doktor said the village developed plans to replace the roof on the garage, using existing capitol improvement funds, and start parking police cars there.

Then earlier this year, David Krzemien, officer in charge for the department, stopped by the little red building while village staff was there evaluating what damage their might be to the building, Krzemien began imaging it as a police station.

He brought the plan to the village trustees.

"It was a pretty quick discussion," Doktor said. "The board pretty much agreed with the officer in charge that the officers needed a real work space and that this building would pretty much meet our needs for the time being."

On Saturday, when The Batavian happened to stop by the building, Krzemien was there, working by himself, installing new metal siding. Red, of course.

Doktor said officials are still waiting on an estimate on the cost of replacing the floor.  The current one is pretty weather-damaged. But it's still expected that converting the building into a police station will cost less than $6,000.

The beautiful old wood bar inside? It stays. Repurposed into a front-office counter.

As for the house on the property? The village is collecting feedback from residents on what to do with it.  It all depends on costs and what the village wants, Doktor said.

"We're looking at what’s most cost-effective and listening to everybody's input from the village," Doktor said. "Who knows how long before we come up with the final idea for it, but we want to make sure it’s justifiable."

Doktor said the village hopes the new police station will be opened by December, even if the back office space isn't completely renovated by that time.

"We think (the police station) is something that will benefit the community. The feedback has been great so far," Doktor said. "We hope it is something the community will be equally happy about."

For the first time, Upstate Niagara Cooperative on Saturday held a Farm Fest at Reyncrest Farms in Corfu.

The event drew 350 employees as well as members of the 250 farms that participated in the cooperative.

"I'm hoping for connection," said Kelly Wells, chief human resources officer for Upstate, who led the effort to bring the event together. "It's a great time of the year. It's fall. Harvest season's coming to a close, and it's an intimate way to bring people together to learn more about farming and to connect and understand how they play a role in making great products."

There were activities for the kids, stations for photo ops, corn hole, food, milk, ice cream, farm demonstrations and a hay ride.

Wells said the event was a "resounding success." 

CEO Kevin Ellis said the event was a great employee and member appreciation event.

“While our corporate team members and member farm families may have different day-to-day roles, they all play an integral part in bringing quality milk to homes across the region. We are thrilled to have this opportunity to connect with and celebrate our team outside of the typical workday,” said Ellis. “At UNC, we are committed to fostering a sense of community and camaraderie among our growing workforce.”

The event, he said, is another way to demonstrate that Upstate is a great place to work.

“The market and consumer demand for milk and dairy products continues to grow and, with that, the opportunity for Upstate Niagara Cooperative to establish itself as an employer of choice in the region grows as well,” adds Ellis. “We know our collaborative work environment is what makes UNC great, and that really shines through at events like Farm Fest where all team members and families can come together as one.”

Photos by Howard Owens

The investigation into a case that began in March with the discovery of a body in the town of Alabama has concluded with the arrest of Edward A. Dunn, 38, of Lockport, on charges of murder in the second degree, a Class A-1 felony.

Dunn is also charged with assault in the second degree, a Class B felony, concealment of a human corpse, a Class E felony, and tampering with physical evidence, a Class E felony.

The Lockport man is accused of killing Michael Poole and then taking steps to conceal Poole's body.

Dunn was arraigned in Genesee County Court on the indictment and ordered held on $100,000 bail. He is schedule to appear in court again on Nov. 7.

The investigation began on March 19, when the body of the 59-year-old Poole, an Olcott resident, was located during a search for a missing person from Niagara County. 

Kathryn A. Henry, 33, from Lockport, was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with Dunn to kill Poole and hide his body. Correction: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony.  She is no longer facing a murder charge as previously reported.   

On June 27, the Sheriff's Office arrested Norman S. DuBois, 45, of Lockport, and charged him with hindering prosecution among other charges for his alleged part on conspiring to hide Poole's body.

The Northern Lights were visible over Genesee County on Thursday night. Alexander resident  Joe Laney shared these photos he took.

Stanley T. Hooker, 32, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 3rd, and harassment 2nd. Hooker is accused of threatening another person on Sept. 27 with a knife during a fight on Spencer Court. He was arraigned and released.

Lakara D. Johnson, 34, of Dellinger Avenue, Batavia, is charged with petit larceny. Johnson is accused of shoplifting at Walmart at 2:57 p.m. on Oct. 8. Johnson was processed at the Genesee County Jail and released on an appearance ticket.

Ajia R. Hasenauer, 31, of Rochester, was arrested on Sept. 30 on two warrants. The first warrant stems from an incident where Hasenauer allegedly took another person’s vehicle without permission. She was charged with Unauthorized Use of a Motor Vehicle 3rd. The second warrant was issued after Hasenauer failed to appear in court, after being issued a misdemeanor traffic ticket. She was arraigned and released.

Peter M. Costantino, 63, of Batavia, is charged with assault 3rd and endangering the welfare of a child. Costantino is accused of fighting with a neighbor while two children were present on Sept. 28. He was arraigned and released.

Alicia M. Lyons, 44, Batavia, is charged with trespass. Lyons was allegedly on Kwik Fill property on Oct. 1, after previously being barred from the property. She was issued an appearance ticket.

Christopher L. Rebmann, 51, of Attica, was arrested on Sept. 25 on a warrant. The warrant was issued after Rebmann allegedly failed to appear in court on an appearance ticket for criminal possession of a controlled substance 7th. He was arraigned in  City Court and released. 

James Pontillo, owner of the former Odd Fellows Hall in Stafford, located at 6177 Main Road, in the middle of the hamlet, is under court order to produce architectural plans drawn up by an engineer for renovations of the building along with proof of the financial means to complete the project.

The court order, signed by Judge Diane Y. Devlin, Genesee County Supreme Court, is similar to multiple demands made by officials in the town of Stafford over the past decade. 

The deadline for Pontillo to produced plans was Oct. 3, but the court appearance scheduled that day was canceled because one of the attorneys in the case couldn't appear. It's unknown if he met that deadline. He has until Oct. 17 to provide proof that he can afford to complete the project.

The Odd Fellows Hall was built in 1890. It is 5,978 square feet. Pontillo acquired it at auction for $40,000 from Terry Platt in December 2010.

Since then, Pontillo has seemingly struggled to remodel and restore the building. He's often pointed to the town of Stafford officials as obstructionists. Town officials have prodded him repeatedly over the past decade to submit remodeling plans in order to obtain building permits and to bring the building up to code. There have also been questions about his financial ability to complete any effort to bring the building up to code. 

At times, Pontillo has also complained that the owners of a neighboring property also hinder his ability to complete exterior work requested by the town.

See also: Timeline, based on public documents, of issues with Stafford Odd Fellows Hall since acquired by James Pontillo

As early as December 2010, town officials noted Pontillo's lack of follow-through on presenting plans to the town, according to public records obtained by The Batavian through a Freedom of Information Law request filed with the town.

On at least four occasions, code enforcement officers have issued notices of code violations with orders to correct those violations.  Pontillo's efforts to comply with those orders often seem to be incomplete.

There have been issues with the roof, the exterior covering of the building, electrical boxes, and fire protection measures.

In 2017, code enforcement officers determined the building had numerous deficiencies making the building "clearly unsafe,”  that it was "neglected,” that it presented a "threat to life and safety,” and it was unfit for habitation.

That was until at least June 2017, when an inspector from Pathstone informed Pontillo that an apartment did not meet HUD quality standards and would not be eligible for Section 8 assistance if the deficiencies were not cured within 24 hours.

On Aug. 10, 2017, the building was posted with a "not to be occupied" placard.

On at least three occasions, Pontillo was informed by the town that he needed to submit renovation plans completed by a licensed engineer in order to receive a building permit.

At a town board meeting on Sept. 12, 2016, town officials complained that Pontillo was doing work in the building without obtaining the proper permits. 

After obtaining the building, Pontillo seemed to have lofty plans for it. In 2016, he told The Batavian he was planning to completely restore the building and open a quality pizza restaurant. To that end, he had already installed large pizza ovens along with other kitchen equipment. He also had ambitious plans to remodel the upstairs apartments.

Those plans have seemed to go nowhere and the building has fallen further into disrepair. 

In July, the town filed a lawsuit against Pontillo.  The proposed order submitted by attorney David Roach, representing Stafford, was for Pontillo to provide proof he can afford to complete work in the building and provide documents on the scope of the project.

Devlin's order, filed on Sept. 5, is more specific.

By Oct. 3, Pontillo was ordered to "provide to Plaintiff the scope of the project (project objectives; project schedule; and project budget for construction work on the building located at 6177 E. Main Road, Stafford, New York) as prepared by Matthew Hume or another licensed architect or professional engineer." 

By Oct. 17, Pontillo was ordered to "provide to Plaintiff documented proof that defendant has the financial resources (e.g line of credit statement; loan approval statement; financial account statement) to complete the scope of the project."

All parties are scheduled for their next court appearance on Oct. 17.

It's unclear what will happen if Pontillo doesn't comply with the court order. 

In a memo to the Stafford town board on Aug. 17, then-town attorney Mark Boylan intimated that the town could be on the hook for a significant expense to either bring the building up to code or demolish it.  Those costs might not be recovered at auction. Such an auction could only take place if Pontillo fell sufficiently behind in taxes for the county to foreclose on the property or if he deeded the property -- for free -- to the town.  The cost of demolition could be significant if any environmental hazards were discovered on the property.

Marlarie Joanne Smart, 37, of Pembroke, and Melani Lynn Maloney, 43, of Pembroke, are both charged with petit larceny and conspiracy 6th. Smart and Maloney, sisters, are accused of working together to steal $112.90 in merchandise from Walmart by "skip scanning" while checking out.  Both were issued appearance tickets.

Joni Marie Johnson, 49, of Millicent Avenue, Buffalo, is charged with resisting arrest and petit larceny. Johnson is accused of stealing merchandise from Dick's Sporting Goods at 6:20 p.m. on Oct. 4. She was held pending arraignment.

Timothy Dennis Clark, 54, of Charwood Circle, Rochester, is charged with petit larceny and conspiracy 6th. Clark is accused of working with another person to steal merchandise from Dollar General on Townline Road, Byron at 9:26 p.m. on Sept. 30. Also charged, Ryan Michael Bobzin, 35, of West Bergen Road, Bergen.

Oliver Thomas, 33, of Elba, is charged with DWI, driving on a restricted license, following too close, and consumption of alcohol in motor vehicle. Thomas was stopped at 12:01 a.m. on Oct. 2 on Route 63 in Batavia by Deputy Jeremiah Gechell. 

Edward Micahel Gorski, 42, of Genesee Street, Pembroke, is charged with criminal contempt 2nd. Gorski is accused of violating a stay-away order by going to the protected party's residence in Pembroke at 6:21 p.m. on Oct. 3.

John Robert Kormos, 55, of Parma, Ohio, is charged with DWI, drinking alcohol in a motor vehicle, and moving from lane unsafely.  Kormos was stopped at 9:24 p.m. on Oct. 5 on Oak Orchard Road, Elba, by Deputy Zachary Hoy.

Morris Marquis Taylor, 34, West Barre Road, Albion, is charged with felony DWI, speeding, and drinking alcohol or using cannabis in a motor vehicle. Taylor was topped at 2:34 a.m. on Oct. 6 on West Main Street, Batavia, by Deputy Jacob Kipler. He was held pending arraignment.

On Saturday, the Business Improvement District hosted its annual Fall Wine Walk in Downtown Batavia.

Photos by Howard Owens.