Alabama

A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

An accident with injuries is reported on 643 Alleghany Road (Route 77). Alabama Fire Department and Mercy medics are responding. Injuries are not believed to be serious. The accident is blocking traffic. The location is between Lockport and Casey roads.

UPDATE 8:57 a.m.: Minor injuries, no entrapment.

An accident is reported in the area of 1315 Ledge Road, Alabama.

The car hit a utility pole and injuries are reported.

The pole is standing but lines are down.

Alabama fire and Mercy EMS dispatched.

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

With grant applications for state and federal funds becoming increasingly complex, often with requirements that last years after grants have been awarded, counties throughout New York are adding a new position -- compliance officer.

The Genesee County Legislature approved such a position in the 2018 position and yesterday, the county's new compliance officer, Kimberly Mills, was introduced to the Legislature at the Ways and Means Committee meeting held at Genesee Community College's new Student Success Center.

As soon they met her, the committee also agreed to a proposal from County Manager Jay Gsell to increase her new duties. She will also be the county's privacy officer.

Mills is a graduate of Oakfield-Alabama High School, started her college education at GCC, earned her bachelor's degree in Accounting at Roberts Wesleyan University, and her master's in Accounting from the University at Buffalo School of Management.

She's originally from Alabama and now lives in Oakfield.

One reason the job interested her, she said, is she has a passion for Genesee County.

"It’s a new position," Mills said. "I knew it would be a lot of work but I’m always one for new projects and working on new things."

Prior to becoming the compliance officer she was an accountant with Freed Maxick CPAs.

The Iroquois National Wildlife Refuge in Alabama is hosted its 34th annual Spring into Nature celebration Saturday with displays, vendors, crafts and activities.

      Jessie Polito

Jessie P. Polito, 40, of 407 Frederick Douglas Street, Rochester, is charged with three counts of grand larceny, 4th, and one count of petit larceny. Polito was arrested following a lengthy investigation by Le Roy PD into a stolen purse in the Village of Le Roy and use of credit cards in the purse in Monroe County. Polito was identified as the suspect through video surveillance as the user of the cards and a warrant was issued for his arrest. Polito turned himself into Le Roy PD.

Olivia Nichole Smith, 21, of School Street, Batavia, is charged with driving while impaired by alcohol and drugs, possession of a forged driver's license, and open container. Smith was arrested after Deputy Ryan DeLong responded at 11:30 p.m. Friday to Route 33, Bergen, to a request to check the welfare of a person on a roadside vehicle.

Richard Sampel, 48, of Batavia, is charged with criminal contempt, 1st. Sampel was arrested by State Police based on a report at 10:17 p.m. Tuesday, in the Town of Alabama. No further details released.

Chelsea E. Vercruysse, 21, of Medina, is charged with unlawful possession of marijuana. Vercruysse was stopped by State Police at 9:12 p.m. Monday on Route 63 in Batavia.

Iroquois National Wildlife Refuge (NWR) in Alabama is hosting its 34th annual Spring into Nature celebration from 9 a.m. to 4 p.m. on Saturday, April 28. This year a free shuttle service will be running between three parking lots and the Visitor Center to alleviate construction and parking complications.

The shuttle will begin at 8:30 a.m. leaving from the Visitor Center every 30 minutes. Iroquois NWR -- Visitors Center is located at 1101 Casey Road in Basom.

Stops include Kanyoo Trail, Cayuga Overlook, and Tonawanda WMA before returning to the Visitor Center. Full shuttle schedules can be found on the Refuge website.

Join us for a variety of nature-related exhibits, crafts, fishing demos, and games for the kids. Bird feeder/nesting platform construction, viewing of live birds of prey, archery games, and face painting are among the returning favorites. Don’t forget to meet "Puddles," the blue goose mascot of the National Wildlife Refuge System. Food will be available for purchase and all activities are free.

Please contact Refuge staff at 585.948.5445, ext. 7037, or visit our website at http://www.fws.gov/refuge/iroquois for further information.

Iroquois NWR is located midway between Buffalo and Rochester, and is managed by the U.S. Fish & Wildlife Service. Individuals with disabilities and any other person who may need special assistance to participate in this program should contact the Refuge at (585) 948-5445 or at the Federal Relay No. 1-800-877- 8339.

A motor-vehicle accident with unknown injuries is reported in the area of 986 Bloomingdale Road, Basom, in front of the Rez Smokeshop.

Alabama fire and Mercy EMS responding.

UPDATE 10:09 a.m.: Indian Falls fire requested mutual aid.

UPDATE 10:10 a.m.: One person shook up. Mercy EMS can respond non-emergency. Indian Falls is canceled. 

UPDATE 11:10 a.m.: Alabama fire back in service. About 20 minutes ago, the ambulance was called back to the scene because an injury victim decided he did want to be evaluated at a hospital. The patient was transported to an Erie County hospital.

Next Saturday, April 21, the Oakfield Historical Society will host its Grand Opening from 11 a.m. to 3 p.m. for the 2018 season, which also marks its 20-year anniversary.

"Oakfield-Alabama Schools Through the Years" is the year's theme and the corresponding exhibit will debut, plus there will be other new exhibits and updated favorites.

Reenactors representing the late 18th and early 19 centuries will be there, too. There will be several knapping demonstrations where OHS Member Bill Chase will work a piece of raw flint, with the goal of creating an arrowhead.

The museum is located at 7 Maple Ave. in Oakfield.

A person driving a black pickup truck apparently tried to steal a trailer from a residence in Alabama.

The son of the owner followed the truck and managed to get him stopped at Lewiston and Meadville roads. The pickup driver unhooked the trailer and took off.

The plate of the truck comes back to a residence in Niagara County. The Niagara County Sheriff's Office has been notified. Deputies there are familiar with the subject.

A car is reported upside down in the water in the area of 7186 Meadville Road, Alabama.

It's unknown if it's occupied or if anybody is in the area.

A caller is roadside awaiting emergency responders.

Alabama fire and Mercy EMS responding. Law enforcement in route.

UPDATE 6:36 p.m.: Residents in the area told a trooper that the vehicle was stuck and all of the occupants were out before it went into the water. It's in water that is reportedly "moving pretty fast."

UPDATE 6:45 p.m.: Confirmed, the vehicle is empty. Reader submitted photo.

UPDATE 8:55 p.m.: The vehicle has been removed from the water. Alabama fire is back in service.

A two-vehicle accident with injuries is reported in the area of 7593 Alleghany Road, Alabama.

Alabama fire and Mercy EMS dispatched.

The location is between Ledge Road and Marble Road.

UPDATE 11:38 a.m.: Two patients being transported, one to ECMC, the other to UMMC.

Press release:

Nominations are currently being accepted for this year’s induction class of the Oakfield-Alabama Alumni Hall of Fame.

The Hall of Fame recognizes outstanding OACS alumni who have achieved distinction in their lives and chosen field after high school through significant contributions to their career, community or through personal achievements.

If you know a person who meets the following criteria, please consider nominating him/her for this prestigious honor:

1. Nominees must be graduates of OACS or one of its predecessors, or have been active in school classes and activities during their senior year. (Nominees who left school while in good standing to perform military service are also eligible. Deceased alumni are not eligible for induction until the fifth anniversary of the year of their death.)
2. Nominees must have graduated prior to 2003.
3. Selection is based on achievement after leaving OACS which includes a worthy record in more than one, and exemplary achievement in at least one of the following:

• Job-related achievements
• Professional honors and awards, professional affiliations, publications
• Civic or community involvement
• Personal achievements/accomplishments
• Positive impact on the communities in the Oakfield-Alabama school district

Anyone may submit a nomination for any person meeting the criteria stated above. Nominations must be made during the nomination period only (March 1 – April 30) by using the Online Nomination Form or the PDF Nomination Form (see links below). Electronically submitted nominations are strongly preferred over mailed-in, hardcopy nominations.

1. Online Nomination Form  http://www.oacsalumni.org/content/HallOfFame/NominationProcess/OnlineForm
2. PDF Nomination Form http://www.oacsalumni.org/content_files/HallOfFame/NominationProcess/form.pdf

David T. Neauaus, 31, of Fisher Park, of Batavia, was arrested on a warrant for alleged obstruction of governmental administration, 2nd, resisting arrest, endangering the welfare of a child, and criminal trespass. He was jailed on $5,000 bail. He was also arrested on charges of assault, 3rd, and unlawful fleeing a police officer in a motor vehicle. The alleged incidents occurred March 10. Bail on these charges was set at $10,000.

Rebecca V. Flanagan, 41, of Sliker Hill Road, Conesus, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Flanagan was stopped at 4:48 p.m. Wednesday on Ellicott Street, Batavia, by Officer Cowen Mitchell.

Elliot Lee Lyons, 27, of State Street, Batavia, is charged with criminal mischief. Lyons was charged after surveillance video revealed he allegedly damaged a wall inside a residential facility on State Street.

Paula G. Pierce, 26, of Lewis Place, Batavia, was arrested on a warrant for alleged failure to comply with a court-ordered program as part of a previous sentence on a criminal conviction. Pierce was released on her own recognizance.

Katty L. Jackson, 22, of Summer Street, Buffalo, is charged with criminal contempt, 2nd. Jackson was arrested after police were dispatched to Central Avenue, Batavia, at 8:21 p.m. Tuesday to investigate an incident and located Jackson, who was allegedly violating an order of protection.

Johnny Dinh, 40, of Clinton Street, Batavia, is charged with forcible touching. Dinh is accused of touching another person inappropriately without consent or invitation at a location on Clinton Street Road, Batavia, on Feb. 28.

Brett Nelson Magoffin, 42, of Genesee Street, Corfu, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Magoffin was arrested following an investigation at 11:16 p.m. Thursday into a physical altercation at a location on Simonds Road, Darien, by Deputy Andrew Mullen and Deputy Ryan Young.

Jonathan Christopher Elleman, 26, of Exchange Street, Attica, is charged with DWI, driving with a BAC of .08 or greater, and driver's view obstructed. At 2:40 a.m., dispatchers received a report of an erratic driver in the Town of Darien. Deputies Ryan Young and Eric Meyer responded and located a vehicle matching the description of the one reported by a caller parked on the side of Sharrick Road. Upon further investigation, Elleman was charged.

Lou Ann Lindsley, 62, of Medina, is charged with DWI and refusal to take breath test. Lindsley was stopped at 8:50 p.m. Sunday on Route 77, Alabama, by State Police.

Jacob J. Szumigala, 24, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Szumigala was stopped at 2:52 a.m. Sunday on Lockport Road, Alabama, by State Police.

      Lisa Sinclair

Lisa Marie Sinclair, 43, of Myrtle Street, Le Roy, is charged with forgery, 2nd, and grand larceny, 3rd. Sinclair, employed by a company in Stafford, allegedly falsified checks on her employer's bank account, enabling her to steal more than $23,000. She was arraigned in Stafford Town Court and released under supervision of Genesee Justice.

Philip David Amedio, 18, of Hartland Road, Gasport, is charged with unlawful possession of marijuana. Amedio was charged following an investigation by Deputy Matthew Bailey of an accident on Bloomingdale Road, Alabama, at 3:18 a.m. Wednesday.

 

There's more to 1366 Technologies slipping away from the STAMP project than just losing the first company to commit to the technology park in Alabama -- it's also a loss of the kind of innovative company that would be good for the region, said Genesee County Economic Development Center CEO Steve Hyde during a meeting today with local reporters.

"These guys really do have a very innovative product," Hyde said. "They're changing an industry that's a high-growth industry. Usually, when you have credible quality IP (intellectual property) married to an industry of high growth, the sky's the limit. That was something that I really loved because we would be really introducing that kind of innovation here in our community, which has always been part of what I've been trying to cultivate in our community."

As reported earlier, 1366, which makes silicon wafers for solar power, announced today that they would not build their first full-scale production facility in Genesee County after the company and the Department of Energy were unable to agree on terms for a loan guarantee.

Already with more than $80 million in the bank from private investors and tax abatements guaranteed by GCEDC and Empire State Development, 1366 was trying to finalize a $150 million loan guarantee to help get its plant, with 1,000 local jobs, up and running. The original DOE guarantee was granted in 2011 but 1366 still needed to raise $100 million in private equity both to unlock the funds and to finance the first phase of the plant construction. (The public support for the project totaled $56.3 million in tax abatements and state grants over 10 years. Since 1366 never finalized financing and closed on the transaction with GCEDC, the company received no taxpayer money.)

Laureen Sanderson, a spokesperson for 1366, said the DOE agreed last year to reopen discussions on the loan guarantee but when it came time to renegotiate the agreement, it was clear there would be no guarantee the funds would be available at the end of what she said would be an expensive and lengthy negotiation process.

Earlier today, Rep. Chris Collins issued a statement blaming the breakdown in the funding process on 1366, saying it was evidence that the company was never serious about building its plant in the United States.

"Despite being approved over six-and-a-half- years ago and my office facilitating multiple contacts between 1366 and the Department of Energy, the company failed to complete the necessary requirements of their contract and has had to terminate its federal loan offer," Collins said in a statement.

According to 1366, it was their decision to withdraw its application, not the DOE terminating the agreement.

A statement from the Department of Energy supports that position.

1366 Technologies has withdrawn from its Loan Guarantee Agreement that was signed with the Department of Energy (DOE) in September 2011. 1366 Technologies has shown the potential to introduce an innovative American manufacturing technology, which is why the Loan Programs Office issued the loan guarantee to support commercialization efforts, following up on previous DOE support for the company’s research and development.

According to sources in support of the congressman's statement, the DOE twice "renegotiated" its agreement with 1366. A source at DOE would only say that the DOE extended the date of its loan guarantee in response to discussions with 1366.

Sanderson chafed at the accusation by Collins that the company wasn't serious about building its first facility in New York.

She said the company completed environmental assessments, preliminary designs, permits, and worked diligently to line up economic support and financing for a local plant. That was a lot of time and expense to invest in the project, she said.

"The fact that our seriousness is being questioned is troubling," Sanderson said. "I don't know how many other ways to make it clear that our commitment was there."

In a story earlier today, The Batavian shared a report about a budget proposal from the Trump Administration that would slash funding for the very program 1366 would need for its loan guarantee.

Collins responded to that report with the following statement:

Anyone that will blame President Trump and his budget for 1366 pulling out of their contract with DOE is misinformed and completely unaware of how these types of arrangements actually work. To start, the funding for this project was approved six and a half years ago, so the President’s proposed FY19 budget would have no impact, not to mention that Congress, not the President, authorizes and funds these types of programs. After renegotiations that consumed DOE resources, 1366 was still unable meet the requirements agreed upon in their contract. To me, it seems like 1366 was spending the last six and a half years playing the field to see if they could get a better deal elsewhere.

Asked today if he was ever worried whether 1366 was seriously committed to STAMP, Hyde said there was never a hint that 1366 wasn't fully invested in opening its first plant in New York. He also knew, however, there was no guarantee until 1366 finalized its financing.

"I also realized and appreciated that there was still a startup company," Hyde said. "The challenge that a startup company has is the capitalization of their project. It is a major challenge that well-established companies with good balance sheets don't have to be concerned about. So, I'm a realist and I knew that that was always a risk and that's really what ended up happening here. The markets moved and the project changed."

The Batavian first spoke with Hyde about delays that could endanger the project in the fall of 2015, shortly after an expected groundbreaking at STAMP didn't take place.

Hyde said the delays had nothing to do with support from Empire State Development or the governor's office.

"The governor has been nothing but incredibly supportive," Hyde said. "I mean he I think he really believes that we can we can re-engineer the economy of upstate with high tech."

The big issue, from Hyde's perspective, is that the solar industry is growing and changing fast. That turbulence makes it hard for any startup to attract private investment.

It might seem there's a contradiction at play here.  In the fall of 2015, groundbreaking on STAMP was delayed. Now, construction is underway, but not much regarding financing for 1366 changed between now and then.

"I have to beg to differ because there were things going on on the market side of the deal," Hyde said. "There were changing timelines for the project, the 1366 project, and what that does is it makes you decide to walk or jog while you do certain things relative to infrastructure versus run to support the project because then you optimize your cost profile as you do it."

Those changing market conditions played a role both in the fact 1366 didn't meet the requirement of the original DOE agreement to raise $100 million in equity and its requests for extensions of the agreement.

In November, besides the $100 million in private equity, the only other requirement a DOE source said 1366 was failing to meet was its obligation to select a site in the United States for its production facility.

The truth, was, however, that 1366 already had selected a location: STAMP in Alabama, in Genesee County, in New York, in the United States.

Hyde said the DOE's claim didn't make much sense.

"There was a signed state incentive proposal that talks specifically about where they were locating," Hyde said. "Then there was a signed local financial assistance application. This wasn't just a handshake deal. Governor Cuomo won't come and do a big announcement event like that if there isn't some serious negotiations and a documented commitment. Those documents have the signature of the CEO of 1366."

Sen. Charles Schumer has been supportive of both STAMP and 1366. The Batavian reached out to his office today to see if his staff might be able to offer insight into what went wrong with the project.

Spokesman Jason Kaplan issued the following statement:

It’s disappointing to learn that 1366 is withdrawing from pursuing this loan. Senator Schumer personally called DOE Secretary Rick Perry on Oct. 5, 2017 in support of 1366 and to request Secretary Perry meet with 1366 Technologies CEO to work with 1366 on a path forward. As a result of Senator Schumer’s intervention, Secretary Perry personally met with 1366 Technologies the following week on Oct. 11th. 1366 characterized the meeting as constructive and pivotal in finally allowing 1366 to open dialog with DOE and to map out a series of benchmarks the parties would work toward to move forward. We were hopeful they would move forward.

Jason Conwall, on behalf of Empire State Development, issued the following statement:

New York's commitment to 1366 Technologies was contingent upon their securing additional financing and since they have withdrawn from their DOE loan agreement, we won’t be able to move forward with the project at this time.

Today, Hyde said the loss of 1366 -- at least temporarily -- is not a setback for the project. In fact, just the fact that 1366 came along has helped move STAMP into a position to help it better appeal to site selectors for large high-tech companies looking for manufacturing locations.

"They did catalyze our ability to start the infrastructure development efforts at the site, which now makes the site far more competitive and attractive for another project to the scale of that one," Hyde said. "Now there's roadways in there. There's water lines and fire hydrants OK. New York State is committed to this. Howard Zemsky said we're going to keep going."

The withdrawal of 1366 also opens up a very attractive 100-acre parcel in the park.

"It's also protected by beautiful woods and wetlands," Hyde said. "You have a road in, it's blocked by woods, so when you pull in and then it's like, 'whoa.' It's a hundred acres that is just flat. That is something that many high tech companies find very attractive. There is a little bit of privacy, an environment where you can build a creative-class campus with walking trails, picnic areas, nature, respectful of the world conditions that we have. You got access to hydropower, sustainability. All of those things play very well into what high tech companies look for today."

There are at least four companies actively engaged in considering STAMP. There are have been two companies inquire about it that could take the entire park in one swoop.  There's a company that could bring in 3,500 jobs within three years.

In planning for 1366, STAMP is positioned well to attract what Hyde called, metaphorically, the small house. The house that needs a smaller foundation.  Those are not the companies currently most interested in STAMP.

"We now have the infrastructure to support a project of that (1366 Technologies) size and scale," Hyde said. "What we're seeing now, right now, today, with the four or so projects that are in our pipeline is projects that are much bigger than that. They need infrastructure much bigger than that. In other words, we need the funding to fund the blueprint for the big house. So the big water, the big sewer, the big electric, and that is the ongoing conversation that we're having with the state right now. This is not the time that we can pick up our toys and go home. This is time to double down and go harder because we're seeing deals that validated this site, and 1366 certainly validated it."

Hyde said ongoing negotiations with site selectors also validates the value of STAMP.

"We've got a project right now that has kicked the tires of this site and had five site visits," Hyde said. "They've had their engineering teams, their business teams, their marketing teams, their workforce teams in our place for like 14 days due diligence. Those companies wouldn't be spending that kind of time if this wasn't real.

Nothing is written in stone, though. STAMP is just one location among many these big companies can choose. Now that the infrastructure is in, it will be easier for GCEDC and ESD to move quickly but markets move fast -- as 1366 seems to prove -- so there's a lot that can go wrong on the road to new high-tech jobs. 

"If this happened in Silicon Valley, it might not even hit your radar screen to make the news because high-tech projects come and go and morph and change," Hyde said. "In our world, it is a little different.

"This is new for us, so we need to continue to remember that we've got to put our battle gear on every day and continue swinging at this stuff because we have higher ed and the educational system assets. We have great infrastructure. You need to spend some more money to put that stuff together like we're doing with STAMP. But, you know what? We have real potential."