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Pembroke supervisor sees need to 'pump the brakes' on apartment development, modify zoning code

By Howard B. Owens

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:

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

By Howard B. Owens
route 98 and federal drive accident Mercy Flight

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.

route 98 and federal drive accident Mercy Flight

Law and Order: Woman charged with theft in connection with assault on Law Street in May

By Howard B. 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.

jennifer m shaffer
Jennifer M. Shaffer

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. 

Law and Order: Batavia woman facing drug dealing charges

By Howard B. Owens
joanna larnder
Joanna Lardner

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 Ruckdeschel
Edward Ruckdeschel

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.

Vehicle on its side on off ramp in Bergen

By Howard B. Owens

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.

Mount Academy gets upper hand on Byron-Bergen/Elba in Class C state championship game

By Howard B. Owens
jack farner byron bergen
Jack Farner with the kick that scored Byron-Bergen/Elba's only goal midway through the second half of Sunday's Class C state championship.
Photo by Howard Owens.

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.

https://www.howardowensphotography.com/p623771912
Chris Recinos celebrates his goal , the first score for the Eagles in the game.
Photo by Howard Owens.
https://www.howardowensphotography.com/p623771912
The Bees Colin Martin takes a shot early in the first half that just missed the goal, sailing wide right by inches.
Photo by Howard Owens.
https://www.howardowensphotography.com/p623771912
Brayden Chambry has his goal attempt blocked. Chambry retrieved the rebound and shot again but the shot slid harmlessly left of the goalpost. 
Photo by Howard Owens.
byron bergen soccer
Bees keeper Martin Mac Connell got a hand on a corner kick by Alexis Mendoza but couldn't block in late in the second half to give Mendoza a hattrick and put the Eagles up 4-1.
Photo by Howard Owens.
byron bergen soccer
Photo by Howard Owens.
byron bergen soccer
Jack Farner
Photo by Howard Owens.
byron bergen soccer
Jack Farner and Mount Academy's Jameson Swinger battle for a header.
Photo by Howard Owens.
byron bergen soccer
Braedyn Chambry with a header in the second half.
Photo by Howard Owens.
byron bergen soccer
Colin Martin.
Photo by Howard Owens.
byron bergen soccer
Photo by Howard Owens.
byron bergen soccer
Photo by Howard Owens.
byron bergen soccer
Martin Mac Connell, after a penalty kick by Alex Mendoza gives Mount Academy a 2-0 lead in the first half.
Photo by Howard Owens.

Le Roy makes history in Section V football with 16th championship

By Howard B. Owens
Section V Class C le roy vs attica/alexander
Le Roy's Andrew Strollo knocks the ball loose during a run by Attica/Alexander's Samuel Strzelec in the Class C final at Brookport on Friday.
Photo by Brennan Bezon.

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.

piaza le roy
Tony Piazza.
Photo by Carter Fix.
strollo le roy
Andrew Strollo.
Photo by Carter Fix.
Section V Class C le roy vs attica/alexander
Andrew Strollo with the ball.
Photo by Brennan Bezon.
Section V Class C le roy vs attica/alexander
Andrew Strollo
Photo by Brennan Bezon.
Section V Class C le roy vs attica/alexander
Blue Devil's kicker Joseph Parkhurst
Photo by Brennan Bezon.
le roy knights section v champs
The 2023 Le Roy Oatkan Knights with the program's record-setting 16th block.
Photo by Carter Fix.

Photos: Geese along the Ellicott Trail

By Howard B. Owens
ellicott trail pond geese jason smith

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

ellicott trail pond geese jason smith

Bees fall to Mount Academy in Boys Soccer state championship game 4-1

By Howard B. Owens
byron bergen elba soccer state championship

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.

Bees win state semifinal in Boys Soccer after double OT on penalty kicks

By Howard B. Owens
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Carter Prinzi with the game-winning save on Saturday that came in a penalty kick shootout following a double overtime 1-1 tie.
Photo by Jennifer DiQuattro

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.

Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Braedyn Chambry with what proved to be the game-winning kick to settle a 1-1, double-overtime tie in the Class C state championship in Boys Soccer.
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
The National Anthem on Veterans Day before Saturday's game.
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Colin Martin with a shot on goal early in the first half that was blocked.
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Jack Farner
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Colin Martin (Coach Ken Rogoyski on the left).
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Joel Lamb with a header save on a corner kick in the first half.
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Colin Rae
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Braedyn Chambry with a shot on goal that was blocked in the second half.
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Martin Mac Connell with a save.
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Photo by Howard Owens.
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Photo by Jennifer DiQuattro
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Photo by Jennifer DiQuattro
Byron-Bergen vs. Seton Catholic Class State Semifinal Soccer 2023
Photo by Howard Owens.

BREAKING: Byron-Bergen wins state semifinal in Boys Soccer

By Howard B. Owens
carter prinzi byron bergen soccer
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.

Plug Power's financial filing raises concerns about stability of company

By Howard B. Owens
Photo via Genesee County Economic Development Center.
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.

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.

 

Stafford resident struck and killed while retrieving mail on Route 5

By Howard B. Owens

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.

Law and Order: Suspect in theft of coat from Dick's arrested

By Howard B. Owens

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.

Rochester man previously accused of selling fentanyl arrested on new drug dealing charges

By Howard B. Owens
Alterique Day
Alterique Day

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.

 

Photos: 'Leave your troubles outside' sets tone of O-A's annual Cabaret

By Howard B. Owens
oakfield-alabama cabaret night 2023
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.

oakfield-alabama cabaret night 2023
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.
oakfield-alabama cabaret night 2023
Photo by Howard Owens.
oakfield-alabama cabaret night 2023
Emily Gould, grade 9, performs "A Million Dreams" from The Greatest Showman.
Photo by Howard Owens.
oakfield-alabama cabaret night 2023
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.
oakfield-alabama cabaret night 2023
Amora Mabon, 10th grade, performs "Don't Rain on My Parade" from Funny Girl.
Photo by Howard Owens.
oakfield-alabama cabaret night 2023
Photo by Howard Owens.

Pedestrian struck on Route 5 near Batavia Stafford Townline

By Howard B. Owens

A serious injury pedestrian and car accident is reported on Route 5 and Batavia Stafford Townline Road in Batavia.

Traffic is being shutdown at Prole Road and at Seven Springs Road.

Mercy Flight was on standby but has been canceled.

Town of Batavia Firee and Mercy EMS dispatched.

Le Roy woman dies after car strikes deer on Route 19

By Howard B. 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.

Alexander beats Elba in volleyball crossover game

By Howard B. Owens
alexander elba girls volleyball crossover 2023

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.

Photos by Debra Reilly.

alexander elba girls volleyball crossover 2023
alexander elba girls volleyball crossover 2023
alexander elba girls volleyball crossover 2023

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