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After an apparent inability to reach an agreement with 1366 Technologies that would have paved a path for the company build its solar wafer plant in the STAMP project in Alabama, an attorney for the Department of Energy is threatening legal action against the startup for planning its factory in Southeast Asia.

John T. Lucus, acting general counsel for the DOE, submitted a letter to trade representatives last week in opposition to a request by 1366 for an exemption from a proposed tariff on solar panels manufactured overseas.

Citing a claim by 1366 in its application for the exemption that it is building a factory in Southeast Asia, Lucus wrote, "1366, however, made U.S. manufacturing commitments to DOE as part of millions of dollars in funding agreements with 1366. Constructing and operating the Southeast Asia facility is likely contrary to 1366's U.S. manufacturing commitments to DOE. DOE takes this matter very seriously and is currently looking into 1366's compliance with its DOE funding agreements."

A spokeswoman for 1366 declined to comment.

"We are not providing comment on the letter at this time as we’re working to consult with the DOE to gain additional clarity," said Laureen Sanderson.

The letter from Lucas makes it sound like the DOE either released funding or followed through on commitments to help fund the $700 million plant 1366 had hoped to build in Genesee County.

In fact, 1366 withdrew its application for funding late last year and announced its plans to build a plant overseas instead of in the U.S. after the DOE failed to finalize a 2011 agreement for a $150 million loan guarantee.

After 1366 selected Genesee County for its facility, the company sought to renegotiate part of the agreement. The negotiations were put on hold following Donald Trump's election and did not resume until well after Secretary Rick Perry was confirmed. According to sources, the DOE was unwilling to make any changes to the agreement, specifically as it related to a requirement that 1366 raise $100 million in private investment. At that point, the company had raised $80 million.

The other part of the agreement used by the DOE to justify withholding the loan guarantee was that the company had not selected a location in the United States for its manufacturing facility even though 1366 had signed documents with both the Genesee County Economic Development Center and Empire State Development naming STAMP as its future manufacturing home.

The 1366 manufacturing process is patented and touted as potentially disruptive to the energy industry because it eliminates waste, lowers costs, and boosts power efficiency. It was developed at MIT.

The factory in Alabama was expected to employ as many as 1,000 people at full capacity making just solar wafers, not solar panels, and the company said all of the initial customers would be overseas and not in the United States.

The letter from Sanderson to the U.S. Trade Representative regarding the Trump administration's proposed tariff on solar panels says the company is seeking an exclusion on the portion of any panels imported into the U.S. using direct-to-wafer technology. The wafer comprises 70 percent of a panel's expense, Sanderson said.

The exclusion application also states that 1366 still plans to build a factory in the United States at some point that will employ 700 to 1,000 people.

The company said the exemption would give the U.S. solar industry "breathing room" in order to compete in the global market.

In the request summary, 1366 states:

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.

A new literary group in Batavia, organized by Eric Zwieg, The Visual Truth Theater Ensemble, will present readings by writers Byron Hoot, Cole Rogers, Julian Tuast, and Zwieg on May 11 at Moon Java Cafe.

The title of the program is "Speak Again, Speak Like Rain" and begins at 7 p.m.

Richard Beatty, of the Geezer Radio Show on WGCC on Thursday nights from 8 to 10 p.m., will host the reading.

The reading is free and open to the public.

Contact Ezwieg11@hotmail.com for additional details. 

Press release:

Congressman Chris Collins (NY-27) today announced that the Firefighter Cancer Registry Act was reported favorably from the Senate Committee on Health, Education, Labor and Pensions. Collins and Congressman Bill Pascrell (NJ-09) co-authored the House version of this bill that unanimously passed the House on Sept. 12.

The Firefighter Cancer Registry Act would require the Centers for Disease Control and Prevention to develop and maintain a registry to collect data regarding the incidence of cancer in firefighters. A 2015 study by the National Institute for Occupational Safety and Health found that firefighters had a greater number of cancer diagnoses and related deaths than the general population, revealing an enormous gap in research.

“In communities across the United States, firefighters so bravely run toward emergency situations and put their lives in danger to help their neighbors,” Collins said. “I thank my Senate colleagues for their work in advancing this important legislation through committee and for their commitment to the safety of our nation’s firefighters.

"We need more information to determine how to better improve equipment and protocols to keep these men and women safe, and this was a huge step in the right direction.”

“I am thankful for the efforts of senators Bob Menendez, Lisa Murkowski, Patty Murray and Lamar Alexander in advancing companion legislation establishing a national firefighter cancer registry through committee,” Pascrell said. “The passage of this bipartisan, bicameral bill by voice vote speaks volumes to our collective commitment to the brave men and women in the fire services.

"We are now a step closer to better understanding firefighters’ risks for developing cancer. Our legislation will ensure firefighters who enter smoke-filled rooms and hazardous environments in service to their communities get the support they need. While the House has already passed legislation which would create this registry, I look forward to the Senate legislation moving through its chamber so we can get a bill on the President’s desk this year.”

If signed into law, the Firefighter Cancer Registry Act would authorize federal funds to gather data that would study a number of potential risk factors, including but not limited to the status of the firefighter (volunteer, paid-on-call, or career), number of years on the job, the number of incidents attended, and the type of incidence. The collection of this data would allow for improved equipment, enhanced safety protocols and preventative techniques for our firefighters.

Phyllis Seager sent in this picture about an hour ago of a possum stuck on a fence in the 300 block of East Main Street, Batavia.

She said she wanted to get the possum down but the folks at the neighboring business wouldn't let her.

UPDATE 9 p.m.: Seager said the possum was still there as of 8 p.m. I drove by at 8:45 p.m. and it was gone. Seager said she doesn't know how it got down. She's hoping once it got dark the possum got brave enough to get down on its own.

A pair of technology teachers in Alexander Central Schools think it's time to reintroduce agriculture into the curriculum of the high school and shared their plans Monday night with the school board.

"We live in an ag community but the kids seem distant from it because all of their food comes from factories," said Bob Hollwedel, who has been working on creating an agriculture program at the school with Aaron Forgnone.

Initially, the program will concentrate on field trips to ag-related businesses in the region.

Board members expressed an interest in seeing the high school start an FFA (Future Farmers of America) program.

Hollwedel said in their research they looked into it but decided it's too much to pursue right off the bat.

"We realized really quickly how there is a lot to that and you can get really deep, really quick," Hollwedel said. "We found we should start from something and then look at that as a separate element."

Board VP Richard Guarino was particularly excited about the prospect of reintroducing an ag curriculum into the high school and encouraged the teachers to work toward forming an FFA chapter. He said FFA teaches students a lot of important life skills, including public speaking, parliamentary procedures, and business.

"I am thrilled that we are bringing agriculture back to Alexander," Guarino said. "I don’t know when it left, I guess some time in the ‘80s. I think it’s great that it’s coming back. I like to think it’s not just cows and plows, which is what we used to say in FFA. It’s not just cows and plows. It is so many different businesses.

"I can still say it was in ag classes where I learned to fill out a 1040 ( U.S. Individual Income Tax Return form). No other other class in high school taught me the stuff I learned in agribusiness, so I’m thrilled."

Eden, the new vegan food booth inside the Eli Fish Brewing Company restaurant at 111 E. Main St., Batavia, held a grand opening celebration and ribbon cutting Sunday afternoon.

Eden is one of two new food establishments opening inside Eli Fish, as part of an initiative sponsored by the Batavia Development Corp. called FreshLAB. 

Owner Judy Hysek cuts with the ribbon Jim Turcer, left, the first paid customer, Chamber of Commerce President Tom Turnbull, Chris Hysek, Judy's husband, Tracy Burgio, representing FreshLAB, and David Balonek, Judy's father.

The Batavia Rotary Club hosted its second annual meat auction Saturday night at the social hall of Ascension Parish on Swan Street in Batavia.

The event was sold out. Participants bought chances to win packages of meat, from hamburger to bacon and steaks to shrimp. Some tickets had more than one chance to win, with each prize often being available to more than one winner.

Joshua G. Bachorski, 35, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

The arrest comes as part of an investigation into the sale and possession of crack cocaine in and around the City of Batavia.

Bachorski is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force in December. 

Members of the Drug Task Force arrested Bachorski on a sealed Grand Jury indictment warrant.

He was arraigned on the indictment in Genesee County Court and jailed on $20,000 bail or $30,000 bond.

The Drug Task Force was assisted by Sheriff's deputies and the District Attorney's Office.

A driver who was seriously injured in a fatal accident in Lockport at 1:08 p.m. Thursday has been identified by the Niagara County Sheriff's Office as Brandon W. Loucks, 28, of Batavia.

Loucks is recovering from his injuries at ECMC, NCSO reports.

The other driver was identified as Brian S. Ralph, 44, of Lockport.

According to the NCSO report of the accident, Loucks's box truck was eastbound on Stone Road and crossed the center line and struck a westbound passenger car. 

Ralph was pronounced dead at the scene.

Loucks was taken by Mercy Flight to ECMC.

The investigation is continuing and no charges have been released.

Gary David Burney, 37, of North Spruce Street, Batavia, is charged with robbery, 2nd, two counts of grand larceny, 4th, criminal contempt, 1st, criminal contempt, 2nd. Burney was allegedly located in the apartment of a person he is barred from contacting in any manner. He was arrested on a warrant stemming from a prior incident where he stole the keys, purse and vehicle of the person he was ordered not to contact. Burney was jailed without bail.

Jacob Jonathan Szumigala, 24, of Orchard Park Road, Oakfield, is charged with: DWI; vehicular assault, 2nd; aggravated unlicensed operation, 1st; speed not reasonable and prudent; consumption of alcohol in a motor vehicle; violation of driving restrictions; driver's view obstructed; deposited refuse on a highway; and unsafe passing on left. Szumigala was charged following a three-vehicle, serious-injury accident on Main Street, Corfu, at 5:01 p.m. Thursday. (Previous report.)

Morgan L. Cox Sr., 50, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, and aggravated family offense. Cox is accused of violating an order of protection.

Luis A. Ramos-Mecardo, 33, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Ramos-Mecardo was stopped for an alleged traffic violation at 3:45 p.m. April 13 on Main Street, by Officer Christopher Lindsay.

Frankie McQueen, 27, of Broadway Road, Alden, was arrested on a warrant for alleged failure to appear in City Court and failure to adhere to terms of a prior sentence. 

Terry O'Neal Brock, 18, of Wellington Avenue, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and speeding. Brock was stopped at 12:38 a.m. Sunday on Route 33, Batavia, by Deputy Jeremy McClellan.

Jorden Elizabeth Prescott, 23, of Ellicott Street Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Prescott was stopped at 1:13 a.m. Saturday on Route 33, Bergen, by Deputy Howard Wilson.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with DWI, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Chavez was stopped at 8:40 p.m. Friday on East Main Street, Batavia, by Deputy Matthew Bailey.

Shequan M. Williams, 26, of Rochester, is charged with unlawful possession of marijuana. Williams was stopped by State Police at 10:34 a.m. Sunday in the Village of Alexander.

Albany Times-Union: New York to launch retirement plan for private sector

An elderly couple is lost in the woods in an area off Gilhooly Road, Alexander, perhaps on their own property.

The female caller plots in an area south of the driveway at 4277 Gilhooly Road.

The man is 90 and the woman is 85. The man is tired from prolonged walking but apparently has no other medical condition.

Alexander fire is responding.

UPDATE 6:35 p.m.: Somebody has apparently reached the couple and he can carry the male out and the female will walk out.

A caller reports that an unknown male tried to start a fight with his girlfriend in the area of 286 Ross St., Batavia.

The man may have displayed a knife.

A police officer is out with the woman now.

A pilot has called in an apparent brush fire in Bethany, near Ellicott Street Road and Paul Road, perhaps halfway to Bethany Center Road.

Law enforcement and Bethany fire chiefs are trying to confirm the location.

One small controlled burn was found in the area but the area is being checked further.

The plane was in contact with a Rochester tower in Monroe County, which relayed the information to Genesee County dispatch.

UPDATE 6:07 p.m.: A small controlled burn located at Route 63 and Clapsaddle. Still investigating.

UPDATE 6:20 p.m.: Residents burning sticks in their backyard were told to put the fire out, which they did. The Bethany assignment is back in service.

When Rep. Chris Collins is in Batavia around noon and has time to stop for lunch, he usually makes that stop the Pok-A-Dot. Today, he had with him Greg Ibach, undersecretary/marketing and regulatory programs for the USDA (center). Joining them for lunch were Dana H. Coale, deputy administrator of the USDA, and Peter Fredericks, associate market administrator for the Northeast Market Area for the USDA.

They had just come from Wyoming County where Collins hosted a roundtable discussion for dairy farmers. They then toured the Rudgers Registered Jerseys Farm in Attica.

Before lunch was served, Ibach spoke with The Batavian about a few issues that concern local farmers.

Farmers across the nation are nervous about new protectionist trade policies but Ibach expressed optimism that things will work out favorably for agriculture.

"I’m a farmer from Central Nebraska," Ibach said. "My children and grandchildren are our fifth and six generations to grow up on our family farm. Through the years, as we’ve seen great growth opportunities for export agriculture, we always seem to hit up against phytosanitary barriers, quotas, or tariffs that have limited our true potential to grow agriculture markets. We, as farmers in the Midwest, have always asked the government to do something about those barriers and of export markets. This is administration is trying to do something about it."

He said he understands the anxiety and shares the anxiety, he said, but progress with KORUS (the free-trade agreement with South Korea) and the reports he is getting on NAFTA negotiations are positive for farmers.

"I’ve got to believe the world still wants to be consumers of U.S. products," Ibach said. "If they understand that the ticket to be able to continue to ship to us is that they expand our opportunities, I think we will be successful here and I think we’ll see even higher growth rate for agriculture commodities down the road. We may have to suffer a little bit here in the short term but we will get the benefits in the long term."

Many farmers have specific complaints about NAFTA but few want to see the agreement torn up. Locally, farmers complain about limits on the Canadian dairy and produce markets. Ibach said he understands those concerns and believes they are being addressed in negotiations.

"I'm confident we will reach an agreement that is better for everybody," Ibach said.

Another big concern for local farmers is immigration. They continue to struggle to find a sufficient and stable workforce.

Ibach said its a concern shared by farmers and ranchers across the nation, especially when it comes to temporary worker visas for employees who need to be on their farms year around.

"We're trying to work with Congress and the Department of Labor to understand those needs," Ibach said. "Secretary (Sonny) Perdue has a senior advisor who works on this issue every day. We’re trying to try to help find programs and adjustments that can be made to address agriculture worker concerns."

One of Ibach's areas of specialty is expanding ag markets to the rest of the world and he said he sees great opportunity in Southeast Asia, especially Vietnam, India and Africa.

"The entire continent (Africa) is projected to have quick, high growth," Ibach said. "At the same time, they have a lot of poverty. We're just starting to see a middle class emerge. With their agriculture, just with them trying to feed themselves, there is room for us to work with them on that and have them accept the technology out there as far as biotech to allow them to grow themselves as well as be customers of ours."

Here's a press release from the office of Chris Collins about the dairy roundtable:

Congressman Chris Collins (NY-27) today hosted USDA Under Secretary Greg Ibach for a dairy roundtable in Wyoming County and tour of Rudgers Registered Jerseys Farm. Collins and Ibach discussed the 2018 Farm Bill, NAFTA negotiations, and other issues that impact local dairy farmers.

“With the release of the Farm Bill and ongoing NAFTA talks, it is my hope that our region’s dairy farmers will soon see some relief,” Collins said. “Agriculture is the backbone of our region’s economy and it is essential that we implement policies that help our farmers succeed. I thank Under Secretary Ibach for traveling to my district to talk about important issues that face Western New York dairy farmers.”

“As a fifth generation farmer myself, I appreciate the many ways that Rudgers and other Western New York dairies contribute to their communities and the region,” Ibach said.“The American dairy industry faces challenges from a number of directions. USDA will continue to listen and work hand-in-hand with producers of every size and our Congressional partners, like Congressman Collins.”

This week, the House Agriculture Committee favorably reported the 2018 Farm Bill, which includes important reforms to the Margin Protection Program (MPP). This program provides critical protections to dairy farmers as milk and feed prices fluctuate, and proposed changes will allow farmers to receive more coverage at less cost.

The Farm Bill also strengthens investment in trade promotion initiatives, designed to build upon our current agriculture exports. This week Collins sent a letter to U.S. Trade Representative Robert Lighthizer urging him to put an end to Canada’s Class 7 pricing program. As NAFTA negations continue, Collins pledged to work with the Trump administration to get rid of this program, which has created an unfair playing field and has essentially eliminated U.S. exports of certain dairy products. 

Additionally, Collins and Ibach discussed with farmers the unfair and complicated H-2A visa system that treats workers on certain types of farms different than it treats those on dairy farms. As a strong advocate for year-round legal work status, Collins and Ibach voiced commitment to finding solutions so dairy farmers can depend on a reliable and willing workforce.

Collins added: “I always enjoy meeting with our region’s dairy farmers and thank the Rudgers family for their hospitality and honest discussion about what we need to do to get this industry back on track. I look forward to continuing our work together on ways to strengthen and grow our dairy economy.”

The County's Parks Department hosted an annual Earth Day event at DeWitt Recreation area, which included events for children, a nature walk, park cleanup, and of course, plenty of people showed up to fish.

The lake is at near record-high levels, which is quite a turn around from about a year ago when you could walk on dry land out to the island.

This is a painting by Noah North of Oliver Vaughn, a resident of Darien who died at age 14 in 1833.

I stopped by to see it today at the Holland Land Office Museum because until a few days ago, I hadn't heard of North, who, it turns out, is a painter from Alexander of some minor national renown. His name has never come up before, at least in my presence, in any discussion of local artists.

The painting of Vaughn is one of North's earliest when he was still being trained by M.W. Hopkins, of Albion.

He is recognized among collectors and art historians as a folk portrait artist (also called "naive" or "primitive"). 

He relocated to Ohio where he continued to pursue his portrait career and then returned to WNY, married a woman from Darien, and settled in Mt. Morris, where he eventually adapted to the new medium of photography (working in daguerreotype).

Within the region, North's work can also be seen at the Memorial Art Gallery in Rochester and the Genesee Country Museum in Mumford. His work is also in the collections of the National Gallery of Art, the Museum of Folk Art, and the Shelbourne Museum in Vermont.

For the next four hours, one of his paintings is available on eBay for $9,000.