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In 1921, Matthew Bullock fled to Batavia on his way to Canada to escape lynching

By Howard B. Owens

Today a new memorial to the victims of lynching from throughout the country was dedicated in Montgomery, Ala.

In recognition of the dedication of the memorial, this is the story of a family who once lived in Batavia and lost a son to a lynching in North Carolina while another son fled for his life to Canada with a brief visit to Batavia on his way further north.

Rev. William Bullock, a father of 13 children, moved here with his family from Virginia in 1908. He bought a house for $500 and later sold it to Mary Quaslafaro for $3,200 and moved to Macon, N.C., with 12 of his 13 children.

While living in Batavia, he did odd jobs and cleaned offices. During his sojourn in Batavia, he and his family also lived at 103 Jackson St. and 26 Jefferson. When it came time to move, he told the Batavia Daily News that,  "I have all courtesies and respect for the people of Batavia." 

His sons included Plummer Bullock and Matthew Bullock.

According to an account from the March 1922 issue of The Crisis, the magazine of the NAACP, Plummer and Matthew ran into trouble in January 1921 in a store in Norlina, N.C. 

Plummer paid for better-grade apples, according to the account, and a white youth attempted to give him rotten apples. Plummer protested and when he "stoutly maintained he should receive what he paid for" a dispute arose. 

As he left the store, people in the store threatened to beat him for daring to talk back to a white man.

That afternoon there was considerable discussion around town, according to The Crisis, about what happened that grew with each telling. 

Soon, there was talk of lynching Plummer.

William Bullock, according to the magazine article, was a respected minister in town. He asked the Sheriff to lock up his son for safekeeping.

Within a few hours, a mob formed and when meeting a group of black youths as they tried to make their way to the jail, a fight ensued. Several people on both sides were injured.

Later that night, the mob reformed and stormed the jail, seized Plummer and another man held at the jail, and lynched them both. 

They then went looking for Matthew Bullock.

Matthew Bullock fled. He was next spotted in Batavia and became the subject of stories in the Batavia Daily News.

The Feb. 3, 1921 story about his arrival in town includes:

Bullock said that about two weeks ago his brother, Plummer Bullock, a 17-year-old boy, was lynched by a mob which afterward riddled his body with bullets. Plummer got into an argument with a white storekeeper over 10 cents worth of apples which the boy had purchased and wanted to return. The argument started a race riot and Bullock, who was working on a farm, began his flight to the North without learning whether anything happened to the other members of his family. Including himself, there were 12 children in the family.

Southern mobs are not satisfied with the killing of the person who aroused them, but seek to exterminate their victim's entire family, Bullock said. Although he was assured that he was among friends and that no harm would come to him in Batavia, the young man declared that he was not far enough away from his southern home and intended to keep on going. If the mob that killed his brother located him it would attempt to take his life, he claimed.

The newspaper continued to track attempts by Southern law enforcement to locate Matthew and reported Jan. 17, 1922, that Matthew was arrested in Canada. 

Two days later, the newspaper reported that local residents had started a fundraising campaign to assist Matthew Bullock, who was a veteran of World War I.

Soon, Matthew Bullock's story wasn't just known in Batavia. The legal fight over his extradition from Canada became international news, gripping the world's newspaper readers for the next four months.

The NAACP hired attorneys in Canada to represent Matthew Bullock. 

The U.S. State Department demanded an extradition. A hearing was held before Judge Snider in Hamilton, Ontario, Canada. Snider demanded that North Carolina produce witnesses to prove that Bullock was guilty of the crime charged and to disprove that the demand for extradition was a subterfuge to get Bullock back in the state's jurisdiction where he could be railroaded to jail and perhaps lynched. He adjourned the hearing for one week to give North Carolina an opportunity to produce witnesses.

"Bullock admitted freely that he fired several shots in defense of his life when attacked by the mob while the mob was on its way to the jail to lynch Plummer Bullock," The Crisis reported. "Under provisions of the treaty between Canada and the United States, shooting in the defense of ones life is not an extraditable office, while attempted murder is."

Governor Cameron Morrison of North Carolina refused to produce witnesses.

In The New York Times, Feb. 19, 1922, Morrison is quoted, while discussing the Bullock case, as saying, "People in some sections of the country do not seem to understand that so-called lynchings in the South are nothing more than the killing of a criminal by the friends and frequently outraged relatives of the victim of the prisoner's crime."

Snider refused the request to extradite Matthew Bullock and he was released.

On May 1, 1922, the Batavia Daily News reported that Bullock intended to go aboard to escape the reach of the KKK. Other reports said he would flee to England. 

According to family tree records on Ancestry.com, Matthew Bullock eventually returned to Warran, N.C., where he died Sept. 30, 1982.

Thank you to Michael Eula and Judy Stiles of the Genesee County History Department for their assistance with this story.

WNY Tech Academy students make a pitch to grow spinach and grow a business

By Howard B. Owens

A group of students in the WNY Tech Academy at Byron-Bergen High School can now be called entrepreneurs.

They've researched a business idea, wrote a business plan, built financial projections and stepped into their own version of the Shark Tank and walked out with a guaranteed $125,000 in financing for their planned business.

The business, Academy Greens, will grow spinach and tilapia in a greenhouse on the Byron-Bergen campus that will be equipped with an aquaponics system.

They will sell the spinach to the cafeteria at Byron-Bergen and to the culinary arts program at BOCES. 

"There is an unlimited opportunity for success and there is so much to learn within the business itself," said student Kyle Goloskey. "I'm excited about the project because we’re able to provide food for local schools and it’s organic so it’s a clean project we don’t have to worry about contamination."

The students haven't quite figured out what to do with the tilapia yet, and under questioning from the "sharks" during their hour-long pitch, acknowleged that they didn't account for the preparation costs associated with selling fish.

The "sharks" were: Genesee County Economic Development Center CEO Steve Hyde, who was asked to represent the vegetable-processing company Bonduelle, which has a plant in Oakfield, for the purpose of the pitch review; and Paul Gister, manager of customer and community management at National Grid; Michael Gardinier, VP of operations at Farm Fresh First; and Thomas Schulte, principal of the WNY Tech Academy.

Hyde said Bonduelle will make an in-kind contribution of coaching and food-processing expertise to assist the students with their startup. Gister and Gardinier said they will take back recommendations for funding to their bosses and board of directors.

At the end of the presentation, Schulte announced that the budget for the WNY Tech Academy, which is funded through grants, has been rewritten for next year to make $125,000 available for the project. Any financial contribution from National Grid or Farm Fresh will backfill the WNY Tech contribution.

Hyde said he found the whole project exciting.

"Food is such a heartland for us," Hyde said. "We've got three industrial parks across the county that are being developed around food. On the entrepreneurial side, that is such a critical piece. We have the Med-Tech Center and the entrepreneurial zone for startups. That is an accelerator for businesses. Things like this help plant the seeds that spark things."

He praised the project-based learning experience.

Gardinier said the project is going to give the students a real hands-on experience in the world and in business that will benefit them when they start their careers. It is a bridge for them to connect their class work to the work environment.

And starting and running a business isn't easy, so the students will learn from the mistakes they make and the challenges they encounter.

"I fully expect them to hit problems," Gardinier said. "It’s important they get their network built around them. They’ve got some very key players with them now that have offered time and offered expertise to the project to help them get over those hurdles, so build your network and use it."

Noah Toal, 11th grade, said he likes the project because he gets to learn how businesses start and the sharks who asked challenging questions gave him an idea of what it takes to put a business together.

He plans to enter into accounting but might want to own his own business someday.

"I might think about starting my own business once I get out there more and start getting cash flow in, and I get more understanding of how this world goes," Noah said. 

The primary goal of the project, Schulte said, is to provide a learning experience and bring together the three disciplines of the tech academy -- food-processing technology, supply chain management, and accounting -- into a single effort.

"From very early on we tried to talk about ourselves as a startup company and how important for every person on our team, staff, students, to play a role in making it become what the vision of it was from the very beginning," Schulte said. "I think the greenhouse is just going to be another example of -- to make it work, we’ve got to work to make it work."

Bicyclist hit at Jackson and Main, Batavia

By Howard B. Owens

A bicyclist has been struck by a car at Jackson and Main, Batavia.

No word on how serious the injuries might be. 

City fire and Mercy EMS responding.

Also dispatched, City fire and Mercy EMS for a person who has fallen from a ladder extended to the second floor of a residence on Davis Avenue, Batavia.

UPDATE 6:33 p.m.: The victim of the accident on Jackson is complaining of shoulder pain.

Truck rollver reported on Thruway in Batavia

By Howard B. Owens

A tractor-trailer rollover accident is reported on the Thruway in the area of mile marker 389 in the eastbound lane.

No injuries are reported.

Town of Batavia fire and Mercy EMS responding.

UPDATE 6:35 p.m.: Assignment to the Thruway in service.

May events planned at the Holland Land Office Museum

By Billie Owens
From the Holland Land Office Museum:
 
It's finally starting to look like April weather, so hopefully May will keep it up! In May, the Holland Land Office Museum is going to be having some great events going on!
 
Thursday, May 10th
Every second Thursday of each month, starting with May 10th, the museum will be hosting a History Trivia & Team Challenge! Starting at 7 p.m., this event is only $3 per person and $2 for museum members. Please call for team pricing. Come on over and test your seemingly trivial knowledge against your friends. Drink and snack concessions will be available (not included in price of admission).
 
Saturday, May 12th
Each month we will be hosting a children's program from 10 a.m - 12 p.m. This event is for children ages 7-12. In May, the theme will be beautification. We will start off the day reading about different plants and soil. Then we will go outside and get our hands dirty planting flowers and other plants around the museum. This is a great way for children to get outside, enjoy the sun, and get their hands dirty! Each program is $5 per child and $4 museum members. Please R.S.V.P. to the museum by May 10th.
 
Thursday, May 17th
As part of our guest speaker series, we are welcome to present Earl McElfresh of McElfresh Map Company in Olean. He is going to speak on his map making process and the use of historical maps. Program will begin at 7 p.m., $3 per person and $2 for museum members. Please R.S.V.P. to the museum by Tuesday, May 15th.
 
Thursday, May 24th
We will be having our morning "Java with Joe E." from 9-10:30 a.m. for coffee, pastries and lively conversation about historical and cultural characters and events. In April, we discussed World War I and Genesee County's part in it. Join us in May for another lively historical discussion. 
 
Feel free to email or call the museum with any questions you may have and make sure to keep an eye on our website for any updates or news.

Girl Scout Troop 31750 completes requirements for Silver Award, shelter animals benefitted

By Billie Owens
Girl Scout Troop 31750 members are, pictured above from left: Maggie Johnson, Susie Aquard, Myah Fisher, Megan Aquard and Kaitlin Pusateri; not pictured is Kieara Waterbury.
 
Submitted photo and press release:
 
Girl Scout Troop 31750 is proud to announce the completion of requirements for their Silver Award.
 
Girl Scout Troop 31750 members are Maggie Johnson, Susie Aquard, Myah Fisher, Megan Aquard, Kaitlin Pusateri and Kieara Waterbury.
 
Their project was to raise money for the Genesee County Animal Shelter in Batavia, as well as making two dog beds and several cat toys.
 
They also each acquired certification as shelter volunteers, enabling them to walk the dogs, and play with the cats outside of their cages.

Dinner Dance for ages 55 and up with tunes from the '40s to the '60s to be held May 31 at Ascension Parish

By Billie Owens

Press release:

A dinner dance with music of the '40s, '50s, '60s, and a little bit of country, organized with Genesee County residents age 55 years and older in mind is scheduled for the evening of Thursday, May 31, at the Ascension Parish Center, 17 Sumner St., Batavia.

Presale tickets for the "Always on My Mind Dinner Dance" are $15 and available for purchase at the Senior Center, 2 Bank St., Batavia, through May 18 or until sold out. Tickets will not be available at the door.

Doors open at 4:30 p.m.; dinner service will begin at 5:30 p.m.; dancing and music start about 6:30.

The dinner menu is: black angus top round beef with mushroom sauce; roasted chicken breast with cornbread stuffing; rosemary roasted red potatoes, vegetable, green garden salad, fresh rolls and butter, beverages, crumb-topped (French) apple pie.

Ruth Spink, director at the Genesee County Office for the Aging, noted that, “As I was growing up, my folks would go out to dinner and dancing on a regular basis. Whether it was through church or my dad’s horse clubs, they’d be out on the dance floor every chance they got.

"When I was old enough and even beyond college, I’d join them. Restaurants all over the area had dance floors and bands playing. Sadly, those days are pretty well gone. Often, the only chance you get to have a meal and enjoy some good music and dancing is if you go to a wedding.

"We want to give people a chance to hear music of their era and feel those memories come rushing back.”

She also went on to say that, “This will be a fun evening whether you dance or not, have a date, come alone, or come with friends.”

Catering will be provided by Fred Hamilton; Chris Kalen will "spin the tunes"; and the Senior Center Quilters will be selling tickets for a chance to win a handmade patriotic quilt; and there will also be a basket raffle.

Further information is available by calling the Senior Center at 343-1611.

Below is a request for the DJ in advance -- The Chords' "Sh-Boom" from 1954. 

Hawley decries 'mind-boggling' amount of 'useless legislation' introduced in New York every year

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that New York has once again topped the list for the number of bills introduced into state legislatures nationwide in 2017, despite only 3.1 percent of all legislation being signed into law.

“The amount of useless legislation introduced into our Legislature each year is mind-boggling. These items surely clog the legislative process, preventing us from tackling real issues important to our citizens,” Hawley said.

“Some of these bills, such as budget bills, are still printed despite the Assembly going ‘paperless’ a few years ago, which raises a serious environmental concern.

A total of 16,691 bills were introduced into the New York State Legislature in 2017, which dwarfs other states in comparison. Ranked second and third were New Jersey (7,165) and Indiana (1,831), respectively.

“While many legislators simply take credit for introducing bills which they know will eventually die, my focus will remain the real issues: reining in government spending and waste, tax relief and crucial infrastructure repair of roads, bridges and highways,” Hawley said.

Dwyer Stadium infield gets adjustments as baseball season approaches

By Howard B. Owens

Crews from Batavia Turf and DuraEdge have been working diligently at Dwyer Stadium this week (these pictures are from Tuesday) to get the field ready for baseball season.

Local high schools will be able to start playing on the field soon and the Batavia Muckdogs open their season June 18.

Above, a laser on a tripod sends a signal to the grader in the background, which automatically adjusts its blades to level the playing field.

The infield was laser-leveled with the old infield mix and then a DuraEdge professional mix, the same infield mix used by the Miami Marlins, was applied and laser-leveled.

"Mike Robinson and his crew (from DuraEdge) do a lot of professional fields and they know what they’re doing," said Chuck Hoover, with Batavia Turf.

Hoover said the grass in the infield and the outfield was overseeded, fertilized, and top-dressed so it will grow into a smoother playing surface in a couple of weeks.

The lip of the infield was cut down and back about six inches so the lip of the grass is removed. There is a slight incline around the back of the infield. Robinson said it will take more time to repair that than is available before this season.

Hoover said the pitcher's mound, by Major League standards, should be 10 inches higher than home plate. It's just a tad lower. Asked if home plate and the mound were otherwise aligned, Hoover said, "They haven’t gotten to that yet — that’s their game. I’m not sure but we’re going to have to remove the rubber anyway to adjust things."

Once the infield is level, an overcoat will be applied, with a similar material added to the warning tracks.

"It will be a pretty red," Hoover said.

Support Batavia music students by attending 11th Annual Jazz Cabaret

By Howard B. Owens

Press release:

Batavia Middle School and High School ensembles will be performing at the 11th Annual Jazz Cabaret on Friday evening in the Batavia High School gymnasium beginning at 6:30.

Dessert, coffee and water will be served. A $5 donation is suggested.

Ensembles performing tomorrow evening include MS jazz and string ensembles, HS jazz and brass ensemble, string ensemble, beautyshop ensemble, saxophone and flute ensemble.

The event supports our music scholarships given out every year for our graduating seniors. Music students hope to see you there!

Submitted photo.

Gas line struck by excavator in Bergen

By Howard B. Owens

A natural gas line, reportedly a high-pressure gas line, has been struck by an excavator at 6377 N. Lake Road, Bergen.

A gas leak is reported.

Bergen fire dispatched. National Fuel notified.

School bus accident, minor injuries, in Pavilion

By Howard B. Owens

A school bus was reportedly rear-ended by a vehicle at the railroad crossing on Route 63 in Pavilion.

Minor injuries are reported.

Pavilion fire and Mercy EMS dispatched.

UPDATE 8:12 a.m.: Mercy EMS can respond non-emergency. One Mercy rig is back in service.

UPDATE 8:33 a.m.: Pavilion is back in service. Mercy EMS is transporting patients to Strong hospital.

Group of Alexander parents express frustration at how school district is handling discipline, student safety

By Howard B. Owens

A number of parents in the Alexander Central School District are unhappy with how some disciplinary issues are being handled and are speaking out at school board meetings, expressing frustration that district administration is, in their views, failing to meaningfully meet the requirements of safety and Code of Conduct policies.

The school board, and Superintendent Catherine Huber, for their part, are trying to limit what parents can tell them about their concerns and how Huber and her staff have responded to specific complaints.

Attempts to interview a board member or any board members after a meeting Monday night were rebuffed and a reporter was told only Huber could speak for the district or the board.

"Student safety and student well being is our top priority," Huber said that night. "Every parent who approaches the board or any administrator in the district, their concern is heard."

She would not comment further, she said.

Asked if based on parental feedback there was any need to make policy changes, all she said was, "I can tell you our Code of Conduct is updated on an annual basis."

Board President Reed Pettys was not present at the meeting. Reached the next day by email, Pettys issued a statement (copied in full at the bottom of this story) and said he could not and would not comment on specifics.

At a March 28 meeting, a mother of an elementary school student, Liz Felski, spoke during the public comment period and told the board a child in her daughter's class was continuously disruptive.

After mentioning she is an Alexander alumna, she said, "So you cannot imagine how disappointed I was when my daughter came home and said she was terrified to go to her class. She has encountered many violent disruptions in class, including hitting and kicking..."

At that point, Pettys cut her off and said she couldn't talk about specifics in a classroom.

Felski, herself an educator with a docorate in education (Ed.D.), then cited the Code of Conduct's language on providing a safe and orderly school environment. 

She said she doesn't believe the Code of Conduct is being followed.

"My daughter has told me her class is disrupted five or six times to redirect and get them focused," Felski said.

Felski's remarks were captured on an iPhone recording of the meeting provided to The Batavian by another parent.

"After I conveyed my concerns to Dr. Huber, she said all she (Felski's daughter) was entitled to was an education and this would be in a classroom."

Pettys interrupted her remarks again and said Felski could not mention specific individuals.

After some cross talk, Pettys said, "This is public comment and I understand there are emotions behind your thoughts. Talking about our policies is appropriate. We can’t speak to specifics in the classroom."

Felski responded, "I'm talking about my daughter's comments to me. I’m not talking about a specific student. I’m talking about what my daughter is witnessing in a classroom on a day-to-day basis."

Pettys told her specific issues should be taken up with the administration. A parent in the audience said, "they were repeatedly ignored."

Pettys said, "We are a policy-making board."

The audience member said, "We know your policies and we don't believe you're following them."

Felski tried to continue her statement and was admonished by Pettys again not to discuss classroom specifics.

"That is something to be addressed with the superintendent or the administration," Pettys said.

A parent in the audience said, "If they don't respond?"

Pettys said, "This isn’t a discussion. We’re just here to listen. This back and forth is not what it is intended for."

At which point he called another parent to the podium, who also raised concerns about student safety and the Code of Conduct. Then another parent spoke.

"Many parents are worried on a daily basis about some things that are occurring," said the mother whose name wasn't clear on the recording. "Hopefully, we can all work together to improve on the policies so they make sense for everybody."

After her, another mother spoke who said her child was also in the elementary school and she was very worried about the safety of her child.

Before Felski spoke, another mother addressed the board and laid out at least a half dozen proposed policy changes.

None of these suggested changes were captured in the board minutes, so as to give the board a better chance to consider them and discuss them at a later date.

At Monday's meeting, among the speakers was Jerome Morrison, father of Liz Felski, who said he was speaking on his daughter's behalf after she left the previous meeting in tears because she was repeatedly interrupted at the March 28 meeting and wasn't allowed to finish her statement.

"She is as well qualified as anybody in this room and she was treated like she doesn’t belong," Morrison said.

He said he didn't think the district was being responsive to the concerns of parents.

"When you refuse to grant meetings to concerned parents, or do not respond to emails, and threaten teachers and staff members about speaking out ,and cut people off who are trying to voice serious concerns, you leave parents with no options but to be heard," Morrison said.

As for his granddaughter, he is much less concerned about her safety in school. 

"There’s good news on my granddaughter’s account," he said. "She now goes to school safely and without fear. Unfortunately, she had to change schools to do it."

Outside the board meeting, Morrison told The Batavian, the child who is reportedly disruptive once raised a desk over his head threatening his granddaughter. He said the child wasn't disciplined.

Another parent said the same child brought a knife to school a few days later and received a three-day suspension.

Three other parents spoke Monday, including two who said they were frustrated because their children had been given lengthy suspensions for minor violations while the elementary school student who is said to be so disruptive never receives serious punishment. 

One of the parents, Casey Scott, said her teenage son is part of the program for students with disabilities and he used to struggle in school. This year, he had been doing great academically until he was suspended for the rest of the school year and now he's failing two classes. She said one of her complaints is that he's been out of school for nearly two weeks and she has been unable to get his assigned homework so he can keep studying.  She got some assignments from his BOCES instructor, but not from Alexander HS.

"I was also told if I pursued the issue any further it would backfire on us," Scott said.

Another parent shared similar concerns about homework for her suspended child.

Outside the meeting, Scott said her son was suspended because, on a bus trip to the BOCES campus, her son and another boy grabbed and bear-hugged another student. She said she thought it was playful, the school took it as bullying. She said he had no other disciplinary issues.

Below is the email The Batavian received from Reed Pettys (Note, in our initial set of questions to him, we asked a general question about whether he prevented a parent from speaking at the "previous" meeting. It turned out, that was actually a meeting before the last meeting. We say that to explain his final sentence.)

Thank you for attending our Board meeting last evening.  

The District takes matters of student safety, discipline, and learning very seriously.  

The safety and well-being of our students is our top priority.  

We cannot and will not comment about issues specific to any student or staff.  

Our Code of Conduct is updated on an annual basis.  I can assure you that in all cases, the Code of Conduct is and has been applied fairly and consistently.

The administrators and Board of Education listen and take action as appropriate to all concerns brought to us by students, parents, and community members.

Please know that no members of the public spoke at our last meeting on 4/11/18.

PUBLISHER'S NOTE: At 11:24 p.m. The Batavian received an email from an attorney for the school district demanding that The Batavian retract this story. While alleging many faults with the story, the attorney did not assert that it was in any way libelous or defamatory. We are not going to retract this story. We stand by our reporting. We affirm the story is factually accurate and does not suffer from the deficiencies she claims; though, in fairness, we should acknowledge one point she made. The school board, as with all public bodies in New York, is under no obligation to provide for public comments on its agenda. Further, it is not legally obligated -- though it might be wise -- to keep minutes on public comment.

O-AT-KA's Donna Maxwell named HR Executive of the Year by Rochester affiliate of NHRA

By Billie Owens

Press release:

O-AT-KA Milk Products is proud to announce that Donna Maxwell, vice president of Human Resources, was presented with the prestigious HR Executive of the Year Award by the Rochester Affiliate of the National Human Resources Association (NHRA).

Maxwell was honored at the NHRA’s fifth annual awards ceremony on Tuesday, April 18th, at Locust Hill Country Club in Pittsford.

The award recognizes exceptional leadership in innovation and operational excellence. Nominated along with four of her peers in the region, Maxwell was selected for her exemplary leadership in organizational development.

She was also presented with the Transformational Business Partnership Award in recognition of outcomes achieved in labor relations management.

“To be effective as a leader it takes courage; strength of character; intellectual honesty; the ability to build trust; integrity; experience and wisdom,” said Bill Schreiber, CEO of O-AT-KA. “These are all personal characteristics that Donna Maxwell brings to the job each and every day. She never mails it in.”

Maxwell has had responsibility for Human Resources and Technology strategy for O-AT- KA Milk Products for the past three years. During that time she has driven the company to a new and sustainable technology vision that includes mobile technology and remote functionality in a manufacturing environment.

She has solidified O-AT-KA’s position as an employer of choice with the renegotiation of cost effective, best-in-class employee benefit options.

For information about working at O-AT-KA and to view open positions, visit www.oatkamilk.com/careers.

DOE, which wouldn't provide loan guarantee, now threatening 1366 over plant in Asia

By Howard B. Owens

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:

The greatest barriers facing U.S. companies today come from a trade imbalance that places U.S.-based firms at an obvious disadvantage, scaring off private investors, stifling on-going U.S.-based manufacturing innovation and forcing U.S. companies to negotiate product sales and technology licensing agreements with foreign, state-funded companies from a position of weakness. The U.S. now has a very real opportunity to correct this imbalance and right the course for U.S. manufacturers and innovators so that they, in turn, can focus on job creation.

SolarWorld, based in Bonn, Germany, and one of two companies (along with Suniva, which has since gone bankrupt) that lobbied for U.S. tariffs of 30 percent on solar panels, opposes the 1366 exemption. While acknowledging the innovative manufacturing process employed by 1366, SolarWorld's Timothy C. Brightbill says the final product is indistinguishable from existing wafers.

SolarWorld itself has received $121 million in state and federal grants and tax breaks and another $61 million in loan guarantees. SolarWorld is also struggling and is currently seeking bankruptcy protection in Germany.

SolarWorld is also opposing an application by Panasonic/Telsa for an exemption for a part used in solar panels manufactured in Buffalo.

Grand Jury: Three people indicted for felony DWI, all allegedly had prior misdemeanor DWI convictions

By Billie Owens

Michelle A. Condidorio is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 2 in the Town of Alexander that Condidorio drove a 2013 Chevrolet on Telephone Road while intoxicated. In count two, she is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Jan. 20, 2011, in the City of Batavia, and that conviction was within 10 years of the crimes currently alleged.

Jeremy J. Schraufstetter is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Oct. 28 in the Town of Darien that Schraufstetter drove a 1984 Chevrolet on Broadway Road while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on March 19, 2008, in Village of Depew Court, and that conviction was within 10 years of the crimes currently alleged.

Michael J. Smith is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 2 in the Town of Le Roy that Smith drove a 2003 Chrysler on East Main Street while intoxicated. In count two, he is accused of the crime of driving while intoxicated per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, the defendant is accused of being convicted of a misdemeanor DWI on Dec. 1, 2008, in the Town of Le Roy, and that conviction was within 10 years of the crimes currently alleged.

Hawley says Cuomo is using his position to turn financial companies against the NRA

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today criticized Gov. Cuomo’s attempt to use his official position to turn private insurance companies, banks and other financial institutions against the National Rifle Association (NRA).

Last week, the governor directed the Department of Financial Services to urge certain financial institutions to examine and possibly cease their relationship with the NRA. This follows the governor’s attacks on congressional Republicans and national support for the Second Amendment advocacy group.

“The governor’s alienation of law-abiding citizens continues as now he is using his office to leverage private businesses against the NRA and its members,” Hawley said. “It’s an absolute overreach and clear abuse of power when the governor sidesteps the public by unilaterally using his office to attack groups and their members who have done wrong except believe in liberty and constitutional rights.

"One million New Yorkers and prominent businesses have fled the state since Gov. Cuomo took office and sadly he seems content with that reality.”

Law and Order: Rochester man accused of stealing purse, credit cards in Le Roy

By Howard B. Owens
      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.

The Visual Truth Theater Ensemble to present reading at Moon Java on May 11

By Howard B. Owens

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. 

Photos: Batavia Track & Field team defeats Greece Odyssey

By Steve Ognibene

Batavia Blue Devils boys and girls track and field team defeated Greece Odyssey yesterday at vandetta stadium Batavia. Boys team won by an impressive 134-7 and girls team 119-21. Top finishers are posted below. 

There were many second- and third-place finishers for the squad also. Batavia boys record is 2-0 and girls are 1-1 in their division. 

Batavia’s home invitational will be at Vandetta stadium starting at 2 p.m. on Saturday May 12.

For more photos click here. Pictured above is senior Jonathan Liciaga.

Above are senior Eric Davis and sophomore Daemon Konieczny.

Above, senior Anthony "Butchie" Ray.

Boys results:

Double Winners include:

Eric Davis -- 100m Hurdles – 14.9 sec. -- 100m Dash – 11.2 sec. -- 200m Dash – 24.0 sec./ Also a member of the winning 4x100.

Jonathan Liciaga -- Long Jump 18 ‘ 9.5” -- Triple Jump 40’ 8” / Also a member of the winning 4x100.

Anthony Ray -- Shot Put 55’ 4”  -- Discus 143’ 1"

Other Winners:

Nick Neid 1600m – 4:47.6

Colton Martin  400m Hurdles 65.2 sec.

Mario Rosales 800m - 2:11.3

Dylan Gaus -- 3200m – 11:07.4

Pole Vault -- Daemon Konieczny 9’ 6”

4x100m Relay – 47.3 sec. -- Eric Davis, Johnathan Licaga, Joey Gefell, Brock Every

4x400m Relay – 3:57.8 -- Colton Martin, Zak Jantzi, Kris Kuszlyk, John Bruggman

4x800m Relay – 9:34.5 -- Andrew Cunningham, Nick Neid, Matt Adams, Garrick Havens

Senior Kiaya Franklin, left.

Senior Tanner Kolb.

From left -- Cameron Buck, Samantha Davis, Juliana Branche, Sadie Loria.

Girls results:  

Double Winners include:

Kiaya Franklin -- 100m – 12.6 sec. -- 200m – 26.6 sec / Also a Member of the winning 4x100 & 4x400.

Cameron Buck -- 800m - 2:49.7 -- High Jump – 4’ 6” / Also a Member of the winning 4x400.

Tanner Kolb -- Shot Put – 24’ 1” -- Discus – 87’ 3

Other winners:

Caitlin Kingston -- 400m – 1:06.2 / Also a member of the winning 4x800.

Madeline Taggart -- 1500m – 6:18.5 / Also a member of the winning 4x800.

Sydney Della Penna -- 3000m – 12:57.8 / Also a member of the winning 4x800.

Sarah Adams  -- Triple Jump – 30’ 2.5”

4x100m Relay – 52.5 sec. -- Kiaya Franklin, Jadin Vasciannie, Ariana Brown, Brianna Gutman

4x400m Relay – 4:47.4 min. -- Camryn Buck, Piper Harloff, Samantha Davis, Kiaya Franklin

4x800m Relay – 12:53.8 min. -- Caitlin Kingston, Maddie Taggart, Sadie Loria, Sydney Della Penna

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