A caller reports that the porch of the residence across from his house on Thomas Avenue is on fire.

It's unknown if anybody is home in the house with the porch fire.

The location is across the street from 30 Thomas.

City fire responding.

UPDATE 10:41 a.m.: It's a BBQ grill, not a fire. City fire back in service.

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A large tree and multiple wires are reportedly down on South Pearl Street Road in Oakfield. Power is out in the area as a result, including traffic lights at Main Street and Maple Avenue. Oakfield fire Department is responding.

UPDATE 7:05 p.m.: National Grid is notified and has a 25-minute ETA. A utility pole is sheared off, a tree is on a vehicle, and a pole is in the roadway in the area of 39-42 South Pearl Street Road. Traffic is being shut down at South Pearl and Main.

UPDATE 7:16 p.m.: National Grid arrived a couple of minutes ago.

UPDATE 8:28 p.m.: South Pearl has been reopened.

UPDATE 8:41 p.m.: Photo from Jeremy Yasses. Unrelated to Oakfield, but related to heavy rainfall: Peaviner Road in Alexander is closed due to high water.

UPDATE 8:50 p.m.: Oakfield assignment back in service. A street off South Pearl remains closed.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) will be joining a number of Assembly Minority Conference colleagues to hold a legislative hearing about the implementation of the recently enacted NY SAFE Act. The event will be held at the Amherst Town Hall Council Chamber in Williamsville at 11 a.m. on Friday, June 7 and will feature testimony from mental health professionals and representatives of county sheriffs and county clerks. The hearing will garner input from officials tasked with enforcing the new law in order to ensure that the safety and rights of New York’s citizens are being properly protected.

"The fallout from the SAFE Act has affected nearly every corner of this state," Hawley said." The controversial components have pitted law enforcement against county officials against state government, with the fate of the public hanging in the balance. It is my sincere hope that by bringing law enforcement professionals, county clerks, health experts and concerned citizens affected by this law together, we can all leave with a better understanding of how the SAFE Act affects us and how we can truly protect the safety of our communities as well as our constitutional rights."

Hawley recently held a local public hearing about the NY SAFE Act. In less than three months, a petition he circulated to repeal the law garnered 1,050 signatures from law-abiding citizens.

Charles D. Johnson is indicted on two counts of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, criminal possession of a weapon in the third degree, burglary in the first degree, criminal mischief, 4th. Johnson is accused of raping a woman in Le Roy on May 9 and using a knife in commission of the crime and threatening the victim with the knife. He is accused of breaking into the residence with the intent to commit a crime using a knife and of breaking a window screen to gain entry. The criminal possession of a weapon count is also based on a prior conviction for Johnson in the City of Buffalo on an obstructing governmental administration charge.

Stephen E. Johncox is indicted on counts of burglary, 3rd, and petit larceny. Johncox is accused of entering a building on Hebbard Road, Le Roy, with the intent of committing the crime of stealing deep cell marine batteries.

Matthew R. Smith is indicted on a count of rape, 1st, and sexual abuse, 1st. He is accused of raping a person in Alabama on Jan. 31.

Daniel L. Dioguardi is indicted on counts of criminal possession of stolen property, 5th, two counts of criminal possession of a forged instrument, 2nd, burglary, 2nd, and petit larceny. Dioguardi is accused of illegally possessing a Sony Playstation Vita and a game, "Unit 13." He's accused of possessing two forged checks, written out for $120 and $150. He is accused of entering a residence on North Lyon Street, Batavia, with the intent to commit a crime. He is accused of stealing prescription pills and cash.

Rowlan Gureje is indicted on two counts of criminal possession of stolen property, 3rd. Gureje is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025.

James R. Barnett is indicted on two counts of criminal possession of stolen property third and one count of criminal possession of a forged instrument, 2nd. Barnett is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025. He's also accused of of possessing a forged NYS driver's license.

Christopher W. Fowler is indicted on counts of felony DWI and felony driving with a BAC of .18 or greater. Fowler is accused of driving drunk Jan. 20 on Miller and Stegman roads. Fowler allegedly has a prior DWI conviction in the City of Batavia on May 20, 2010.

A Day in the Life of a Teacher

by Gretchen DiFante, mother of five and school board member

Background

     As a parent who has 13 years separating the birth of my first child from my fifth, I have witnessed, firsthand, the dramatic changes in our our schools and in the job of our teachers. When I spent time in my eldest child’s first grade classroom 15 years ago, the biggest social problems were around kids not having coats or socks in the winter. Today, we see more and more parents who are truly expecting our schools to raise their kids. As a parent myself, I admit that my expectations of a teacher’s role in the life of my children has remained the same, while I falter more in the areas of follow up for everything from sending in snacks and permission slips to monitoring television and homework like I should. In other words, I AM doing a worse job in detail management as a parent, but I am expecting my kids’ teachers to increasingly make up any slack for me. 

     As a society, we send teachers students who have little to no respect for authority at home or anywhere, and we expect our teachers to integrate these kids successfully into the classroom with no impact on their ability to teach. It seems we expect EVERYONE to matriculate into the same classrooms together and expect the teachers to manage all of the issues presented to them on a daily basis. In addition, we expect teachers to completely change the way they teach to meet common core standards, and we are increasing teacher accountability measures based on, in my opinion, a flawed system (APPR).

      Rather than try to describe my perspective on the classroom and why I think teachers need our collective support now more than ever, I have prepared a story. I refer to the story as “fictional” as it is not based on the words of any one teacher in Batavia nor anywhere else; rather it is written by me -- one parent who also happens to be a school board member. The story reflects my observations in classrooms in recent years (my five children have attended every school in Batavia including Robert Morris, Jackson, John Kennedy, St. Joseph’s, Batavia Middle School, Batavia High School and Notre Dame High School -- so I mean every school). The story focuses on the challenges of a teacher in an elementary classroom in 2013. I write the story from the elementary level, because what happens in the lives of the youngest of our students impacts those same students as they move through school and on into society. Whether teacher, parent, grandparent or friends of schools, I welcome your feedback and observations.

A Day in the Life of a Teacher

     I am an elementary school teacher in a rural district in Western New York. I became a teacher, because I wanted to do my part to contribute to society in the most powerful way I could imagine. Our children ARE our future. It is absolutely important that they read, write and perform mathematics. However, it is equally important that they gain the abilities to listen and show respect to others, to think about actions before they act, to appropriately contribute to social groups and to develop healthy value systems to which they stay grounded and use to guide positive decision-making for the rest of their lives. These are my goals, and when I went into teaching 21 years ago, it was fun to see my vision for each student come alive in the course of a single school year.

     It is much harder to see that vision realized today, and it is certainly not as much fun. Don’t get me wrong, I love my job -- and on most days I love my students; but the job of teaching has completely changed over the past two decades -- and particularly in the last five years. I stay awake many more nights to strategize how I can have an impact on a single kid when my students are the product of a society that has seen the family unit torn apart. My kids‘ parents are overworked and over-scheduled, and in many cases they are struggling to make ends meet. My students are spending three to five hours a day in front of phone, video, television and computer screens and very little time interacting socially. I constantly wonder if I’m doing all I can to make a difference. I network with other teachers, take advantage of personal and career development opportunities and devour the latest research in my field, hoping to improve my teaching and my impact. Here is an introduction to my class:

      I have 21 active students - half of them qualify for free or reduced meals, and six of them have individualized education programs or IEPs. Two of my students with IEPs have significant behavioral issues that require a great deal of my attention. In addition, I have another student who, I believe, would greatly benefit from an IEP as I believe he has both emotional disorders and cognitive challenges; however, his parents are adamantly against testing of any kind. This breaks my heart, because I know this child would benefit from his parent’s acknowledgment of his barriers to learning and growth. Acknowledgement would allow me to work with our counselor and the parents to help this student in simple, yet powerful ways. I have two students with food allergies and one student who, due to frequent illness, has missed 15 days of school so far this year. I have two students I have placed in every accelerated pull out program available in an attempt to keep them challenged, as it is clear to me that they are broadly gifted academically. I also have three students who display moderate and specific talent for mathematics, and I want to nurture that in all three of them. In fact, by the third week of school, I had identified talents in all of my 21 students that I wanted to nurture throughout the school year.

Now that you know my class, here is a snapshot from our day together:

     It is a late Tuesday morning, and it’s time for desk work. Today our desk work relates to President’s Day. We have been learning about government and the role of the executive branch, and I am excited to see the connections many of my students are making to the history we have learned and to the way government operates today. We have a packet that I will review with the group, and then the students will complete the packets individually. Snack time occurs during desk work, and each student who has a snack is eating at their desk. Three students forgot their snack, so I dig in my desk to find my stash of saltine crackers. The students need a healthy snack at this time of day, and parents are asked to supply one daily. My students are eating their usual combination of full sugar “fruit” snacks, cookies, muffins and crackers. As I pull the slides up to review the assignment on our SmartBoard, Tommy and Seth begin an altercation around which one is using the other one’s pencil. Laura is complaining that Ethan is rocking back in his chair and making her desk shake. Casey cries out that Melanie has brought peanut butter crackers -- I must intervene right away as one of my students has a severe peanut allergy. I remove the snack and dig back into my cracker stash. I make a mental note to send that parent a note, and I redirect each student back to the packet review. Sarah raises her hand and begins asking a question. As Sarah begins to speak, Joel imitates Sarah’s broken and unclear speech. Joel has made great strides this year in being sensitive to the feelings of others (one of my personal goals for him), and I am surprised at his choice. I need to put a stop to his behavior and at the same time draw attention away from Sarah whose difficulties with speech make it challenging for her in any social situation. Sarah really should be showing much more progress, but I understand from the speech therapist that Sarah’s guardian has been unable to do the daily speech exercises necessary for Sarah’s improvement. Therefore, Sarah is limited to the therapy the school can provide, and I’m beginning to worry if she will ever make progress. I finally finish the packet review, and as students begin independent work, I run over to redirect Ellie back to her separate spot where, according to her IEP, she needs to be to complete all individual work. Ellie excels at individual work when she can be free from distraction. As I’m working with Ellie, the conflict between Seth and Tommy escalates; and on my way to handle it, I am met by two students who have individual questions -- I will have to wait to help them, because Seth is clearly on his way to having one of his explosive episodes. Through trial and error and great advice from our school counselor, I have learned how to intervene to help control Seth’s explosions. However, if I intervene even a moment too late, the explosion can not be tamed. I am too late -- Seth is out of control, and I will have to call someone to help me. I hate to have to escalate this up the chain of command again, because I don’t want to be perceived as being unable to control my classroom (a real concern for all the teachers in our district and teachers everywhere). But, I just couldn’t get to Seth in time. Thank goodness -- our classroom aide has just arrived (We get her for only 60 minutes today, because we have had to cut back so much in aide hours). Since the aide is here, I can bring Seth to the principal’s office myself. 

     When I return to the classroom, Giselle is telling our aide that she doesn’t have to sit in her seat and do her work, because she can’t tell her what to do -- she isn’t the teacher. “Oh, my little Giselle.” She has no more respect for me as an authority figure than she does the aide. At times, I have worked successfully with Giselle to help her understand the importance of respecting authority, but it is difficult. She has so much potential -- but it is obvious when I observe her with her father and grandmother, that respect for authority is not something that is encouraged at home. Whoops -- two students have made their way over to Ellie’s desk, and I need to redirect.  First I stop by the desks of the two students who had questions -- one figured the answer out on his own and the other obviously lost interest and hasn’t worked on the assignment at all. She is one of my gifted students, and if she doesn’t feel challenged, she simply gives up and usually starts “drama.” I have a folder of extra assignments to give her, and I go retrieve an assignment from that folder -- her eyes light up, and she is focused and ready to work; but alas, independent work time is over, and it’s time for the students to line up for art. I estimate that less than half the class completed the independent work assignment. Its completion will be given as homework, and based on patterns this year, I expect less than half of those students to complete the homework. 

     I will have a half hour to prepare for the math block; however I have four students who have not turned in permission slips to ride the bus to the field trip next week, and I don’t want to see them left out. Two are students who are isolated naturally, and my individual goals for them include helping them to develop healthy self esteem. It must feel terrible to be the only one who doesn’t turn in a permission slip and has to miss a field trip. It can’t be good for the self esteem of a student with healthy social interaction -- and certainly not good for one who trends toward isolation. I don’t want to see these kids become easy targets for bullies in the future -- but that is where they are headed. The deadline for permission slips is today, and I really need to track down their parents. I also need to finish up the notes for the individual student learning objectives as part of our state mandated Annual Performance Plan Review or APPR. I am in support of a program that will help demonstrate my quality as a teacher; however I am confused as to how my students’ scores on any test is a complete reflection of the quality of my teaching. How can I be held accountable for the test performance of a student who needs to be separated for work in my busy classroom, and despite my best and continuous efforts is unable to work with the freedom from distraction she needs to be successful? How can I be held accountable for the test performance of a student who, due to continuous behavioral issues, has to spend significant time removed from the teaching environment? How can I be held accountable for the test performance of a student whose own parents refuse to get him the cognitive and emotional help he needs? How can I be held accountable for the test performance of a student like Alec, who although still eligible to remain in school, hasn’t been in attendance enough for me to provide the extra help he needs? I know that’s only four students, but that’s 20 percent of my class. If 20 percent of my students don’t meet performance standards on the state tests, it will be impossible for me to achieve a rating of highly effective on my APPR score. If I don’t achieve the highest rating, will parents want me to teach their kids? I can’t imagine, after all these positive and rewarding years as a teacher, becoming the teacher no parent wants their kid to have! If parents don’t want me to teach their kids, how can I make a difference in these little lives in which I see so much potential? I have to put these thoughts out of my mind and go get in touch with those parents. Like all my colleagues, I have hours of additional paperwork for the mandated APPR and common core standards. When exactly am I supposed to get all this paperwork done? Well I will have some extra time at my son’s baseball game tonight...

A resident in the 6700 block of Crosby Road in Basom who returned home about 20 minutes ago saw two men entering his front door. He went into a bedroom and called 9-1-1. He didn't see them leave and when Sheriff's deputies arrived it was thought they could still be inside.

They weren't found inside and an officer told dispatchers he saw a silver or white Pontiac sport utility vehicle, "crossover style," driving down Crosby headed toward Route 77. Niagara and Orleans counties were notified to be on the lookout for the vehicle.

The suspects are described at dark-skinned, about 6 feet tall, wearing "old style" black hoodies. A Dell laptop computer is missing from the Crosby Road house and investigators are on scene.

A flood watch is in effect for much of WNY through today and tonight.

From one to two inches of rain could fall by this evening, with as much as three inches in localized areas.

Creeks will rise and roadway ponding in low-lying areas is possible. Motorists are advised to drive with caution.

Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.

Glenn Falls Post-Star: Vermont joins Washington, Oregon in allowing physician-assisted suicide

A car as reportedly struck a deer in the westbound lane of the I-490 near mile marker .06 and injuries are reported.

Le Roy fire and Bergen fire and ambulance dispatched.

UPDATE 7:20 a.m.: Minor injuries at most.

UPDATE 7:21 a.m.: Fire apparatus response cancelled. Le Roy Ambulance can handle. Only bruising from airbags reported.

Wanna box?

Now you can.

For the first time in a decade or more, Batavia has a gym with a boxing ring.

Hands Up MMA, like the name says, isn't just about the sweet science, but owner Joseph Bailey (top photo) said with his lifelong love of boxing and Batavia's once rich tradition of boxing, it was important to him to bring boxing back to the city.

Bailey is a fan of boxing, but his passion is for mixed martial arts and he believes that is a sport that will only grow locally and throughout the state.

"Some people view that sport as gruesome and violent -- those who don't have a full understanding of the sport, but it's just as competitive as rugby would be, or hockey or lacrosse," Bailey said.

The gym, which officially opened today in the Harvester Center, provides a well-rounded workout with bags, ropes, tires, climbing walls, for anybody interested in combat sports.

Several young fighters found the gym while Bailey was still building it and started working out with him. At least four of them are planning to compete for the first time in a MMA tournament in Rochester on Sept. 29.

"We offer training in kickboxing, jiu jitsu, wrestling, boxing and we try to incorporate it all together," Bailey said. "We'll also offer self-defense training and a course on knife and gun disarming that will be taught by a Green Beret."

The gym is already drawing a diverse group of people.

William Sutton is a Purple Heart-decorated Army veteran who honed his fighting skills by training to become an Army instructor in hand-to-hand combat.

During a tour of duty in Korea, he found boxing and MMA were big with the troops there. He was 13-0 as a boxer and 2-0 in MMA.

"Growing up in Batavia, it wasn't like it is nowadays," Sutton said. "Growing up in Batavia, a lot of times we would fight before school. We would fight after school. Fighting was a big part of Batavia. It's a tough town to grow up in. I've been fighting my whole life and I just continued that in the Army."

Sutton was wounded in Afghanistan and is now retired from military service. The injury and his commitment to the Veterans Administration prevents him from ever again fighting competitively and he's limited by military obligations in what he can teach, but working out in a gym of fighters appeals to him.

"Everybody who comes to an MMA gym seems to be just more humble," Sutton said. "People that go to a regular gym, you know, walk around trying to impress each other. At an MMA gym, all that BS is just put aside because we can put on the gloves and go in the ring. Put your hands up. Talking and stuff don't go here."

All his experience and success, though, puts Sutton in a position to help young fighters and he said he's always happy to train with them and answer questions and offer pointers to those willing to listen.

Bailey really hopes Hands Up becomes a vehicle for promoting boxing in Batavia. He plans to hold regular tournaments involving gym members that will be open to the public.

"Boxing used to have a big history in the City of Batavia," Bailey said. "The community is unaware of that and what I would like to do is get members of the gym to spare and promote boxing and hopefully get some viewers in to watch tournaments."

As we spoke, an older gentleman walked past the front windows and you could see his eyes light up as he looked inside.

There was little doubt, he was a boxer.

The first thing Robert Janes (top inset photo) did when he walked in was hit the speed bag. Later, he would say it was the first time in 13 years he punched a speed bag.

A native of Palm Springs, Calif., Janes was involved in Golden Gloves in the early 1970s.

Now living in Stafford and working pouring concrete, Janes was clearly thrilled to be in a boxing gym again and he said he can't wait to start working out there.

"I just want to stay healthy," Janes said. "I want to keep my head right. Any time I was ever in the gym, any time I was ever involved in any kind of organized boxing, I was good. Once I walked way from that, I was in big trouble. Now I'm 60 years old. I want to come back to it. I want to bring my granddaughter and my grandson into it."

NOTE: I want to do a story about the boxing in Batavia in the 20th Century. I have a copy of a book by Butch Zito, but I would like to find old pictures and other memorabilia. Few, if any, of the former boxers are still alive, but perhaps sons and daughters have memories about their boxing relatives to share. Write to me at howard@thebatavian.com.

William Sutton

Tim McCullough, from Batavia, and Sutton.

Also pictured in the slide show training is Josh McCarthy of Batavia (wearing yellow).

Wind and rain over the past few weeks are making muck farmers a little edgy about their onion crop for this season.

They know now they won't have a bumper crop, especially from fields planted with seed rather than transplants, but what happens with the weather over the next four weeks will be critical.

Following two-and-a-half inches of rain last week, they need some dry whether, but another inch of rain is forecast for tomorrow (Thursday).

"It would be nice if it were 80 degrees, sunny and a little bit of breeze," said Paul Mortellaro of G. Mortellaro & Sons.

On a tour of the muck today, Mortellaro pointed out the fields planted with transplants look pretty healthy. They're less susceptible to rain and the bigger plants are better equipped to respirate (pump off the water from the ground).

Fields planted with seedlings have been thinned out by wind -- wind can shear off an onion top -- or have been too saturated by water and there's been some die-off.

The right time for some rain would be when the onions start to bulb, which is three our four weeks from now.

"What determines the size of the onion is its size when it starts to bulb," Mortellaro said. "We need some good rain during that time."

Even with the slow start, the muckers could get perfect whether the rest of the season and enjoy a good harvest.

"Three or for weeks from now, this all could be forgotten," Mortellaro said.

"He's right," said Maureen Torrey of Torrey Farms. "We have a long way to go before our crops are made."

Beyond that, Torrey was hesitant to comment because she didn't want to jinx anything.

Christian Yunker at CY Farms said early indications are yields will be down this year, but how much depends on what happens with the weather the rest of the growing season.

Right now, he said, a lot of onions have "wet feet," and that inhibits their growth. Like other farmers of the muck, he's hoping tomorrow's storm doesn't do too much damage and then we get some dry weather.

"It's pretty early to tell, but we've taken a little bit of a hit," Yunker said. "They're not off to a great start, but it's too early to say your yield will be down to X."

Photo: A seeded muck field. The dead-looking plants in between the green rows of onions is barley, planted along side the onion seeds to act as a wind break. Once the onions reach a certain stage of grow, the barley is killed off.

When we e-mailed a series of questions to Steve Hyde seeking more details on the process by which tax subsidies were approved for COR Development to redevelop a portion of Batavia Towne Center, we also e-mailed five questions to Mary Pat Hancock, chairwoman of the Genesee County Legislature.

Under state law, in order for state sales tax abatements to be awarded to a retail development project, a finding must be made that meets a specified requirement. The finding must be made by the Genesee County Economic Development Center Board and confirmed by the chief executive -- in this case, Hancock -- of the government agency overseeing the IDA. 

For the COR project, the GCEDC board passed a resolution finding that the proposed retail project would provide goods and services not readily available to Genesee County residents.  The only confirmed tenant for the space at the time was -- and still is -- Dick's Sporting Goods.

Hancock said she was not available to respond within the deadline set by The Batavian. We received her answer today. Below are the questions we e-mailed and her e-mailed response.

Questons:

1. Did you conduct any independent research to substantiate the board's decision?

2. At the time you wrote the letter, what did you know about the proposed tenants for the retail space? Were the names of all the businesses communicated to you, and if so, was it your understanding that contracts had been signed or whether these businesses were just proposals?

3. On what factual basis did you base your decision to confirm the finding? What is it about the proposed businesses that caused you to reach the conclusion that they would provide goods and services not readily available in Genesee County?

4. What do you say to a comment such as Mike Barrett's, that tax incentives for retail are like "using your own tax money to put yourself out of business"?

5. Should the existing businesses in Genesee County that must now compete against subsidized national chains receive any tax breaks or other mitigation to level the playing field for them?

Hancock's Response:

Dear Howard;

I do appreciate your forthright and direct manner. It is refreshing. Howard, I am going to frame my reply by indicating how I proceeded to educate myself regarding the proposed project. I hope it covers the intent of your request.

The Legislature does appoint the GCEDC Board. We believe they are a group of outstanding citizens with very strong business sense…as demonstrated by their own careers. They are also committed to the economic health of our community, or they wouldn’t be spending hours of their valuable time volunteering on the GCEDC Board.  Because they have a strong business sense, they also have a very strong respect for the law and carefully follow the latest and most accurate legislature and regulations guiding IDAs. I attended the meeting where they discussed the issue thoroughly. At a subsequent meeting they voted in favor of proceeding with the project.

The Legislature has an attorney. It would be foolhardy for me to sign an official letter without checking the legality of the document with our attorney. He is a careful attorney and checks out his information on many levels. He researched the law and provided me with a copy of the statute as recently amended. He also gave me his written opinion as to the requirements of the law and its application to this project. I was assured that we were acting within our legal rights.

The Genesee Economic Development Council (sic) was required to hold a public hearing and make specific findings of fact before awarding incentives, and did so on this matter.   I did attend the hearing and heard a positive presentation and only six persons spoke against the development.

Howard, I remember how that area looked before the development. It was sad. The lack of development in that area did not result in a healthy Batavia downtown. It looks, and is, more vibrant now, not only in that Town of Batavia area, but downtown as well. We hope to keep it that way…and better. I am most hopeful and confident that each step we take to attract new and suitable businesses to our area…will benefit all of us. Howard, I know you and I share the same desire for a successful, livable, and economically healthy community. We may not agree on everything, but our goals are surely the same.

A second person has been accused of illegally growing marijuana in Le Roy following a raid Friday of a residence on East Main Street, across from Wolcott School.

Charged with unlawful growing of cannabis, a Class A misdemeanor, is 33-year-old Michael J. Penvose.

Penvose was in the news in April after he was accused of stealing a thermometer from Le Roy's Dollar General store. Penvose told officers he stole the thermometer because he had a sick infant daughter. A Le Roy police officer purchased the thermometer for Penvose.

Members of the the Local Drug Enforcement Task Force, assisted by Le Roy PD and Sheriff's deputies, executed a search warrant on the Penvose residence and because of the uncertainty of what might occur during a law enforcement raid, officials asked that students at Wolcott "shelter in place."

Penvose was also cited for alleged unlawful possession of marijuana and issued an appearance ticket on both charges.

Sara Schimley, 23, was home at the time of the raid and also charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

A tractor-trailer fire is reported on the Thruway near mile marker 381 in the westbound lane.

At least one caller has reported the fire. It's not known what cargo the truck may be carrying.

Le Roy Fire Department is responding.

Mile marker 381 is just west of the West Bergen Road overpass.

UPDATE 5:09 p.m.: A chief on scene reports there is no fire. The truck driver is having mechanical trouble.

Local runners today carried the Special Olympics torch into Batavia down Route 98 from Elba.

First grade students from throughout Genesee County made a field trip today to Post Farms in Elba for the Farm Bureau's annual "Dairy Days" educational event.

The 645 students were able to meet cows, calves, goats and meats, sample honey, dairy products, play in different soils -- and with worms.

Dozens of parents along with teachers -- 125 adults total -- also participated in Dairy Days, which each June for Dairy Month.

Jeff Post said it's important to help children learn about where their food comes from.

If you don't educate children about farming early and often they just grow up not knowing and not caring about where their food comes from and that doesn’t coincide with what we’re trying to do on a daily basis," Post said. "We’re trying to create friends of agriculture and not people who don’t know why they need to follow a tractor slowly down the road on their way to work or why it might smell like manure outside."

To purchase prints of these photos, click here.

Phony "high-end" season passes for Darien Lake Amusement Park and the campsites, complete with wristbands, were allegedly being sold at the parking lot of the Flying J Travel Center in Pembroke some time today. They were said to be selling for $200 and, apparently, some people bought them.

A Sheriff's deputy is responding to the travel center after dispatch received a call from officials at Darien Lake. There is no description of the seller(s) or the vehicle, but the deputy is investigating the matter.

UPDATE 7:32 p.m.: Barbara Pierce, a spokeswoman for Darien Lake, offers the following clarifications. Darien Lake is not allegeding anything. Officials received a call that caused concern about wristbands being sold by an unauthorized seller and asked the Sheriff's Office to check it out. There was no concern about season passes, just wristbands that are provided to guests of the park's hotel and campgrounds to gain access to the theme park. The bands are color-coded daily and a caller contacted Darien Lake to try and find out what color was being used today.  The park was closed today so there was no wristband for the park today. 

Next week, Hollywood comes to Batavia.

GoArt!, in partnership with local author Bill Kauffman -- author of such books as "Dispatches from the Muckdog Gazette" and "Look Homeward America" -- and filmmaker Ronald F. Maxwell -- director of the Civil War epics "Gettysburg" and "Gods and Generals" -- will host a screening of the movie "Copperhead" on Thursday, June 13. 

This will give locals a chance to see the film before its official release in theaters on June 28.

"Copperhead" takes place in Upstate New York during the Civil War. Kauffman wrote the screenplay, based the novel "The Copperhead" by Harold Frederic, and Maxwell directed it.

Both men will be at the screening, and the movie will be followed by a short presentation by Kauffman and a Q&A session with Kauffman and Maxwell.

In anticipation of the screening, they spoke with The Batavian about the project itself, their collaboration over the years, among other things.

(To Ron): I understand you have been a longtime fan of Bill Kauffman. So this is a two-part question:

A. When and how did you first discover his work?
B. When and how did you two come into contact?

Ron: Actually the second thing happened first. We both attended an event in Washington, D.C. --- at which he spoke -- sometime in the mid-1990s. I was impressed with his wit, with his use of language, his sense of humor, and his insight, and that started a long friendship. I subsequently read his writings, and we stayed in touch over the years. 

Bill: “Copperhead” was actually my second screenplay. The first one was a project that Ron and I started developing several years ago. This was also an historical film, and it almost made it into development but didn't. We still hope it will someday. So "Copperhead" was my second screenplay, but it was the first to be produced.

(To both): What drew you to this material?

Bill: I probably first read the book 25 or more years ago. Harold Frederic was one of the great Upstate New York novelists. In fact his most well-known book, "The Damnation of Theron Ware," was hailed by F. Scott Fitzgerald as the best American novel before 1920.

Edmund Wilson, the great literary critic, praised Frederic's "Civil War Stories" for being unlike any other Civil War fiction. There's no Southern "moonlight and magnolias" romanticism, and there's no Northern "Battle Hymn of the Republic" righteousness; these are hard, unsentimental but very poignant stories of life in the North -- specifically Upstate New York -- on the home front during the war...the people left behind.

And this particular story, "The Copperhead," is about a farmer, a respected man, in a little hamlet in Upstate New York -- he's an old-fashioned Democrat who is against the war. And he is standing up, really, against his community on this. The community is torn apart, his family and the family of his chief rival are torn apart. So these people are casualties of the war in a different way.

The film is also, I think, about the resilience and resourcefulness of the people at home during wartime. It's a rich and complex story about our area, for one, and also about a fascinating time in American history.

Ron: As soon as I read it I thought, "Wow, this would be a terrific subject for a film." And I kind of ruminated for a while until about three and a half years ago, when it came up in conversation with Bill over dinner in Connecticut. I think he mentioned it first, but we both knew the novel and admired it. It was very interesting to me to explore the whole issue of the dissenters in society -- especially within the context of the Civil War, because I had already explored the reasons why good men chose to go to war in the other films, whether they wore blue or gray. Here was a film where you could explore why a good, ethical man chose not to go to war. It's the other side of the coin.

(To Bill): How was the screenwriting process different from the process of writing a book?

Bill: It’s a whole different style of writing. Writing a book is very much a solitary endeavor, although there is give-and-take with the editor. Movies are totally collaborative ventures. Even with the screenplay, Ron and I consulted throughout. Ron has a great sense for how to tell a story. So it was a very harmonious collaboration -- he's a great guy, and we work well together.

(To Ron): You wrote the scripts for both "Gettysburg" and "Gods and Generals." Why did you choose to have Bill write this one?

Ron: Well, as I said, it came up over a dinner, and by that time he and I had collaborated on the earlier project that he wrote. So I knew that he could do it. And I think part of the dynamic there is that when you write a screenplay, you need to focus big time and stop doing everything else.  At the time we started to talk about "Copperhead," I was totally immersed in something else, so I could not write the screenplay myself even if I wanted to. But I knew he could. So I worked with him, you know, in the way that a director-filmmaker works with a writer. We closely collaborated on it, but he in fact did the writing. A lot of times in Hollywood there are shared credits when a director works with the writer, but I'm a strong believer that the writer gets the credit. Because the writer is doing the work.

So, just as on the earlier screenplay, we collaborated but Bill adapted the novel. And I knew that his sensibilities would be very responsive to it. It takes place, as you know, in Upstate New York. And Bill was not only aware of this novel, but he had read other works of Harold Frederic.

In a sense, Bill is a regionalist. He's very aware of where he lives -- not just of how it is now, but of its history and literary traditions. So he was already connected to the history of this part of the world, and to Harold Frederic specifically. So of all the writers in the world, he was probably the most perfectly adapted to work out the screenplay.

If you know Bill's other work, one of his preoccupations is small town America. He has made the choice to live in small town America because he thinks that that's where American values are embodied and where the "simpler life" can be lived. That's a theme that runs through all of his nonfiction, and is certainly one of the themes of this particular story. One of the things ("Copperhead") explores is living in a rural community. I'm sure it was much more rural, with a much smaller population, back then than it is now. But again, Bill was predisposed to understanding and exploring the values of these people.

(To Bill): Were you a fan of Ron's films before this?

Oh yeah, absolutely. He's the great cinematic interpreter of the Civil War. This is his third Civil War film, but it's on a different scale. ("Gettysburg" and "Gods and Generals") had scenes with thousands of extras colliding on the great battlefields -- they were Civil War films set behind the lines.

Were you intimidated by the prospect of writing a script for him after seeing the scope of his previous films?

Bill: Well, you know, I might have been, but we had known each other. We're friends, so in that sense it was comfortable. But it was a challenge. I like challenges, and I have over the years read a lot of screenplays in preparation for this film. I'd read a number of screenplays of films that I like very much -- everything from Paul Schrader's script for "Taxi Driver" to Graham Greene's screenplay for "The Third Man." So I had an idea of how to do it, and Ron was an invaluable guide to picking up the form and grammar of a screenplay.

(To Ron): Had you ever in your life heard of Batavia before meeting Bill?

Ron: No, and I wasn't even sure whether to say Bat-ah-via or Bat-ay-via. But I guess it's like that Cole Porter song, "You say tom-ay-to, I say tom-ah-to."

(To Bill): Are there any local connections in "Copperhead"?

Bill: There is one specifically Batavia reference -- it's a little bit of an inside joke -- early in the film. Some folks will pick up on it. But I can't tell you anymore.

Also, my daughter, Gretel, and the daughter of one of the producers have cameos in the film.  It's during the barn dance scene -- look for the "giggling girls."

(To Bill): Did you have chance to visit the location shoots in Canada? If so, what was this like?

Bill: I was there for about four to seven weeks. I went up a couple different times. I got a real kick out of watching these characters that existed on paper become real. And it's funny, because some of the characters ended up looking very different from how I thought they'd look. But I think the actors really brought to life and enriched the story with their own contributions. They did a lot of studying, put a lot of thought into the roles, and I think it shows on the screen.

(On Ron as a director): You hear stories of these tyrannical, dictatorial directors, but Ron is nothing at all like that. He's very much in control, and the production is well run. But he listens to people, everyone gets along, and it's very harmonious. He does a lot of planning (before production), and that shows in that there's a real efficiency about it. It was shot over about seven weeks, and there were no wasted days. They worked from sunup to sundown. It was very impressive.

(To Bill): I understand the actors were instructed to study your Western New York accent.  What was that experience like?

Bill: (Laughs) Yes, they had a dialect coach from Canada who did a great job with them. We don't have any tapes of what people in Upstate New York sounded like in 1862, so one of the things she did -- unbeknownst to me -- was send them videotapes of speeches of mine. So it was kind of fun on the set when actors would come up to me and ask, "How do you say 'apple'? How do you say 'orange'?" Of course, we're not aware of our accents. To us, we speak normally and everyone else has an accent. And when someone asks you to pronounce something, inevitably a little bit of self-consciousness creeps into you, you know? You exaggerate whatever little accent you might have. But yeah, that was a lot of fun. And fortunately, they do not all sound like me (laughs). They develop their own accents and styles of speaking.

(To Ron): Many of the actors in "Copperhead" are a bit less well-known than a lot of movie stars out there. Was this an artistic decision on your part?

Ron: Yes, very much so, insofar as you want (as a filmmaker) to be able to have the creative freedom to cast the way you want. We made a decision early on that we were not going to chase the movie stars. Because then you're always at the mercy of their schedules, their price tags, and competing for their time with the major studios. So suddenly you're not in control of your own movie. And I've played that game, so I know that game. We wanted to be independent and just cast the movie the best way we knew we could, make the movie we wanted to make, hope that it would stand on its own merits, and get it to the public. 

The reason people get the big stars is because those stars will get the movie financed and distributed. It's a simple formula. So if you think you can have alternate ways of getting the movie financed and distributed, then that allows you artistic freedom.

(To both): How did the upcoming screening/fundraiser come about?

Ron: We thought, as part of our marketing and promotion of the movie, that it would behoove us to do a number of screenings across the country to help generate word of mouth and grassroots support of the film. And we thought, "What better way than to ally with charitable organizations?" So we looked for charitable organizations that we could feel comfortable supporting, and we have about 18 or 19 of these all across the country.

Bill: The producers asked me about having one of the screenings in Batavia, and I of course jumped at the chance. And I thought GoArt! would be a great organization (to support), and they were enthusiastic about sponsoring.

(To Ron): What interests you about the Civil War Era as a filmmaker?

RM: Well, you know, I was drawn to it so many years ago now...it took me 15 years from the time I read (Michael Shaara's) "The Killer Angels" (the book on which "Gettysburg" is based) until the time "Gettysburg" was released in the theaters. I didn't know it was going to take 15 years, and I certainly didn't know I would spend another 10 years making "God and Generals," and then another 10 years before I could make "Copperhead." That's a lot of years altogether -- it's a big chunk of anyone's life to spend on one historical period. It's not like I set out to do that, it just kind of happened that way.

But along the way I came to realize that it has been a deep and abiding interest. It's just endlessly fascinating, and these are stories that have been very compelling to me. I have other kinds of projects I've been working on -- I have a Western I've been working on, a project on Joan of Arc, contemporary films...I'm always juggling them and trying to get them financed like other filmmakers. But it's just kind of worked out that "Gettysburg" led to "Gods and Generals," which led to "Copperhead." A lot of that is my own focus and my own energy, but some of it is serendipitous.

(To Bill): What draws you to writing about small town America?

BK: Well, it's where I've spent most of my life -- it's where I am now. To me, Batavia was always a source of fascination. Every story you could tell was on its streets and in its buildings. 

It's not that people in small towns are better than people in big cities. But I think because of the smallness and intimacy of the scale, it's a place where the individual can matter. In the anonymity of the big cities and suburbs, sometimes the individual can get lost in the crowd. To me, life in a small town seems more real, more immediate. I also think that small towns get the short shrift, both culturally and politically. It's unexplored territory.

(To both): Do you have any words of advice or encouragement for readers who might be aspiring toward successful careers in writing or filmmaking?

Bill: Words of advice for aspiring writers? I guess I'd say Read Read Read Read Read. Persevere. And don't get discouraged.

Ron: Well the most important thing is for aspiring filmmakers to develop and protect their own voice -- and not kind of mimic, copy, cater, pander or be what they think someone else wants them to be, what Hollywood wants them to be, or what any third party wants them to be.  Because then they are wasting their own time and everyone else's. If they can hold onto that little voice inside them that is their unique voice, that's the most important thing. That's what we want to hear and watch.

The screening of "Copperhead" will take place at Genesee Community College's Stuart Steiner Theatre, at 1 College Road in Batavia, and start at 7 p.m. Tickets are $20 for GoArt! members and $25 for non-members.

For more information or to purchase tickets, go to www.goart.org/events.php#Copperhead or call 343-9313.

Supplemental: "Copperhead" trailer

Photo of Ronald F. Maxwell directing courtesy of George Nicholis.

Abigail Engel is looking for help locating her lost 4-year-old cat. The feline has been missing for several days now.

He usually just stays inside her Darien home and has never been outside for 24 hours before.

The cat belongs to Abby's brother, who is presently stationed in Japan.

Anybody with information can call (585) 813-5508.