elba

Ninety-plus Elbans turned out Tuesday night for a town hall meeting in the Elba Central School auditorium. The purpose of the meeting was to provide information and solicit input from the community on which services residents believe are important. 

Town Supervisor Lucine Kauffman opened the meeting by giving an overview of the tentative 2010 budget and tax rates as well as those of the previous five years. Highway Superintendent Allan Totten provided information on highway maintenance costs. Town Councilman Bill Hynes explained that the town transfer station operates at a yearly loss and asked for feedback from residents regarding its future. 

The vast majority of questions were directed at Eric Wies, an engineer with Clark Patterson Associates, and Tim Hens, Genesee County Highway Superintendent. Citizens inquired about the process of forming water districts to hook up to the Monroe County Water Supply. Wies and Hens gave an overview of the Genesee County Water Project and step-by-step details on how residents can form water districts.

Kauffman said she was pleased with the turnout. 

"We gave the town residents a lot to think about tonight. We have many important issues facing us. I'm glad we got the dialogue started, and the town board is looking forward to more participation from the residents."

Billy Joe Budziszewski, 18, no permanent address, is charged with rape in the second degree and endangering the welfare of a child. Budziszewski is accused of having sexual intercourse with a 14-year-old girl in the Village of Corfu. He was jailed on $10,000 bail.

An 11-year-old boy from Harpersville is charged with rape, having sexual intercourse with a minor, a criminal sex act and sex abuse. According to a State Police blotter item, the victim appears to be 11-years-old or younger. The arrest was made in Elba. The case remains under investigation.

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.

Who would ever have thunk that the idea of a President of the United States speaking to the nation's students on the first day of school could be controversial, but in the days leading up to the speech, Obama was accused of attempting to subvert school kids, turning them all into socialists, or worse, Democrats, and/or of using the speech to push a policy agenda through Soviet-style propaganda.

Who would have thunk that a simple message: Do your homework and stay in school could be seen as an inappropriate message from the President.

Imagine, a President proclaiming the virtues of personal responsibility being blasted by the opposition party.

“At the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities,” Obama said in the speech.

“Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed. And that’s what I want to focus on today, the responsibility each of you has for your education,” Obama said.

The speech didn't stir much notice in Genesee County. Only two districts were in session today -- Elba and Pembroke. The other schools start tomorrow.

Elba Superintendent Joan Cole spoke with WBTA this morning and said use of the president's speech in the class room was optional for teachers.

"We haven't had any concerns expressed by any of our parents," Cole said. 

Watch the video above for yourself, in which Obama makes such supposedly un-American statements as:

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

NOTE: This is a rewrite of a previously posted version.

Two of the three men accused of robbing the M&T Bank in Elba on June 18 appeared in court today, and one of them, Dennis M. Abrams entered a guilty plea to one of the charges against him.

The felony conviction, as part of a plea bargain, carries a maximum sentence of 17-and-half-years in prison.

When District Attorney Lawrence Friedman informed Judge Robert Noonan of the plea arrangement, the friends and family of Abrams who were in the courtroom let out audible expressions of shock.

Abrams will be sentenced in two weeks, after a probation department review to help the judge determine an appropriate sentence. He could serve only five years, depending on Judge Noonan's ruling.

Meanwhile, co-defendant Matthew J. Wells followed Abrams into court, but he wasn't there to enter a plea. Rather the judge and attorneys were agreeing to a date for a future hearing on motions made by Attorney Thomas Burns, including a motion for change of venue.

Under questioning from Noonan, Abrams entered his guilty plea and then admitted to the bank robbery. He also said his previous confessions were true and accurate. He also agreed to testify in any trials for his co-defendants, if there is a trial (at this time, that would likely be only Wells, who is proceeding with a defense).

Co-defendant Demone Dillon entered a guilty plea two weeks ago.

Abrams and Wells remain in jail in lieu of bail.

A driver at the intersection of North Byron Road and Oak Orchard Road thought it was a four-way stop yesterday, so she proceeded across Oak Orchard Road, where her car was struck by a southbound car.

Two people suffered minor injuries in the accident. Both were transported to UMMC.

Eleanor M. Hart, 75, of 4991 Watson Road, Elba, was the driver of the second car, the one southbound on Oak Orchard. She suffered a neck injury.

One of her passengers, Burton E. Hart, 75, suffered a hip/upper leg injury.

The driver of the first vehicle, Lorraine J. Spotts, 50, of 4415 Hogmire, Avon, was uninjured in the crash.

Hart had two other passengers in her car and neither were injured: Frank Neindorf, 78, and Monica Neindorf, 72.

The accident occurred at 5:21 p.m. yesterday.

The accident was investigated by Deputy Tim Wescott.

Emergency crews from Elba and Stafford are responding to a single-vehicle motor vehicle accident at Oak Orchard and North Byron roads.

There are injuries and Mercy Flight is being called in, to land at the Stafford fire hall.

There were no serious injuries in the accident.

UPDATE, 10 a.m. Saturday.

An 8-year-old girl was killed in a one-vehicle rollover accident Friday night after the driver swerved to avoid a deer in the roadway.

Abagail Buzard, who was ejected from the vehicle, was pronounced dead at UMMC.

The SUV was driven by Courtney Buzard, 17, of Albion.

Initial reports:

Elba Rescue is responding to a rollover accident in Orleans County in which three people are reportedly injured and a baby is missing.

The single-vehicle accident is reportedly near Spoils Bank Road off Oak Orchard Road (Old Route 98).

UPDATE: There is more than one incident going on. I believe two ambulances initially responded and I believe Mercy 3 is enroute. (There's a concert at Darien Lake tonight which is also contributing to a lot of radio traffic.)

UPDATE: Three Genesee County ambulances responded, and possibly one from Orleans County. One ambulance took an 8-year-old to UMMC. Another ambulance took a 3-year-old and a father to Strong. A mother and another child were taken to Lakeside. No Mercy Flight transport reported.

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Reportedly there are no injuries in a one-vehicle rollover accident on Transit Road, just north of Watson Road, in Elba.

Emergency crews are responding.

Sen. Michael Ranzenhofer and Assemblyman Steve Hawley today announced a new law that allows court proceedings for the towns of Elba, Oakfield and Batavia to be held at a single location, which will help save money.

Ranzenhofer says in a press release: “With the passage of the Shared Court Services legislation, the towns of Batavia, Elba and Oakfield have the opportunity to consolidate facilities to provide upgraded services and decrease costs. Residents ... will see savings on their tax bills by sharing one court facility. (This) reflects the willingness of the Elba, Batavia and Oakfield town supervisors to restructure local government to save money for taxpayers."

Hawley says: “We were pleased to facilitate the towns of Batavia, Elba and Oakfield’s request for this legislation. Helping localities streamline and consolidate their efforts -- resulting in more efficient operations while saving taxpayer dollars -- is indeed a positive reflection on the supervisors of the three towns."

All three adjoining towns expressed a need for upgraded court facilities. The new law amends the Uniform Justice Court Act to allow the court proceedings to be held either in the towns of Elba, Oakfield, Batavia or the city of Batavia. The facility must be approved by all three town boards. The law takes effect immediately.

“This is a good example of how a determined effort by community leaders and their respective staffs can provide a much needed and desirable benefit for the people they serve," said Batavia Town Supervisor Gregory Post.

"This partnership demonstrates efficiency in government with unlimited potential to expand benefits to local members of our population, as well as those who visit our VA campus or other attractions our area offers. The fact that so many elected entities can come together and set aside traditional boundaries to save tax dollars (holds) promise that our future here is bright."

Elba Town Supervisor Lucine Kauffman said: "The Town of Elba sees this proposed shared courthouse facility as an innovative way to meet our courtroom safety and functional needs while saving the taxpayers' money. This bill allows us to pursue the shared facility project and improve service to our communities."

If you're looking for fresh, locally grown produce, look no further than Porter Farms on Edgerton Road in Elba.

I stopped by the farm on Tuesday morning to talk to Katie Porter (pictured above with her three-legged dog, Milo) and get a tour of the family farm, which is one of the top models for organic growers and Community Supported Agriculture in the nation.

Porter, a 2004 graduate of Elba High School and a 2008 graduate of Cornell University, says that she has worked on the farm as far back as she can remember.

"When we first started the CSA, it was my dad, my sister and I," Porter says.  "We helped him with the newsletter and the produce."

Today, as the manager of the program, she writes the newsletter, does presentations to promote the farm, makes phone calls, sends out emails, and oversees distribution of the produce.

"Basically what the CSA is, is people buy a share and we use the money to pay for seeds, labor, equipment repair, stuff like that. Then in return we give them fresh, locally grown produce. Since their money goes right into the farm, they really get to feel what it's like to be a farmer."

Porter says that she thinks this is a big part of the CSA's appeal. It is growing rapidly, with approximately 860 members, which is about 760 members more than it started with in 1996.

"If we have a bad season, the members see the results. Like this year our tomatoes weren't too good, so they didn't really get tomatoes. Or if we have an abundance of onions, they'll get a lot of onions. I think people like it not only because they get their vegetables, but because they learn a lot about farming."

The program usually begins in June and ends in November and is either $310 or $340 a share, depending on whether you choose to pick up your produce at the farm Saturday mornings, or have it delivered if you live in the Rochester area. 

"It's so funny how everyone comes here on Saturday mornings and seems to know everyone else. They just hang out and talk."

The farm, which was started in 1956 by Jack Porter, began as a beef-feeding operation.  In the 1970s the Porters decided to grow the crops they needed to feed the cattle, such as hay, corn and wheat. Eventually pigs and sheep were added to the farm. 

In 1990, due to economic downturns in the livestock market, Jack's sons Steve and Mike switched the focus to crops and began experimenting with organics. Today, the 500+ acre farm is entirely organic and, since the deaths of Jack and Steve, is run by Katie's uncle Mike Porter with assistance from Katie, her sister Sarah and the rest of the family.

"It's definitely beneficial to the environment, It gives us healthier soil and helps with biodiversity.  We're farming the way people used to farm."                                

George Michael Thompson, 32, of 310 Wilson Drive, Milton, Ontario, Canada, is charged with criminal mischief and endangering the welfare of a child. Thompson allegedly got in a argument with a woman at Darien Lake Theme Park and proceeded to cause at least $250 damage to a camping trailer owned by the facility.  A 12-year-old child was present during the incident.

A 17-year-old from Albion is charged with petit larceny for allegedly stealing $53 worth of merchandise from K-Mart.

Wendy M. Cilnyk, 25, of 9 Liberty Ave., Lancaster, is charged with DWI, refusal to take breath test and moving from lane unsafely. Cilnyk was stopped by officer Chris Camp on Pearl Street after police received several calls about an erratic driver.

Jane Amanda Richardson, 24, of 788 Route 33, Corfu, is charged with falsifying business records and petit larceny. Richardson allegedly falsified business records at the Elba Yellow Goose store. The case was investigated by Deputy Brian Thompson.

We received an e-mail reporting a working fire on Batavia-Elba Townline Road between State Street and Norton Road at 4:14 a.m.

Later, we received this picture from a volunteer at the scene.  I'll post more information about the fire as soon as I get it.

UPDATE 8:58 a.m.: The wife of a firefighter e-mailed this to us:

An Abandoned house was on fire in Elba this morning around 3:30am on  Batavia-Elba townline rd! They put it out around 5am! My husband just came  home from it and said they were waiting for someone to come knock it down to  the ground! Elba Oakfield S.Byron and town of batavia fire dept were called  and Barre was on stand by in Elbas hall.

UPDATE 9:12 a.m.: From a report filed by the Sheriff's Office:

The fire was reported at 3:17 a.m. at 4681 Batavia-Elba Townline Road, Elba. The house was vacant and owned by Ron Green, of 4975 Batavia-Elba Townline Road, Elba. The fire originated on the first floor or basement on the northeast corner.  The house was a total loss and uninsured. The cause is unknown.  Fire departments responding: Elba, Town of Batavia, Oakfield, South Byron, Byron, Albabam and Albion.

UPDATE 9:32 a.m.: Just spoke with Tim Yaeger, emergency management coordinator for Genesee County. He said the cause remains under investigation, but that the house still had electricity and water running to it, so investigators will probably be looking most closely at the possibility that it was an electrical fire.  There is nothing suspicious about the fire at this time, he said. The house is still smoldering, but it was burnt completely to the ground.  He said it's believed the house had been in an abandoned state for two months.

NOTE: We received this video this morning, but for some reason, it took YouTube a long time to process it. It's from a cellphone camera, presumably from a volunteer firefighter.

BATAVIA, N.Y. -- Demone Dillon, one of three men accused of robbing the Elba M&T Bank on June 18, entered a guilty plea this afternoon to robbery in the second degree with a recommended prison term of 3 1/2 to 10 years.

As part of the plea bargain, Dillon agreed to testify in any trial of either of the co-defendants.  He also agreed to acknowledge that his confessions the night of the alleged robbery are truthful.

Under oath, while being questioned by Judge Robert Noonan, Dillon admitted that he accompanied Michael Wells and Dennis Abrams to Elba on June 18 and that at the time he entered the vestibule of the bank, he knew the intention of Wells and Abrams was to hold up the branch.

Dillon said he held the door open because the two other suspects feared getting locked in, and he was also supposed to alert Wells and Abrams if he saw the police, but admitted he didn't watch too closely for the cops.

He also couldn't see what was going on in the branch office while the robbery was in progress, he said.

"Everybody admits he's the least culpable of the three," said his attorney, Richard R. Shaw II, after the hearing. "We think that for what he's charged with, this is a fair plea."

Shaw also said he believes at least one of the other co-defendants will soon enter a guilty plea.

The attorney for Abrams, Daniel Killelea, had a closed-door conference with District Attorney Lawrence Friedman and Judge Noonan this afternoon.

Thomas Burns, the attorney for Wells, recently filed a series of motions challenging the prosecution's case and requested a change of venue for a potential trial.

"I imagine they'll all eventually plea," Shaw said.

Dillon's bail was reduced to $250,000 cash OR $250,000 bond. Previously, it was set at $250,000 cash AND $500,000 bond.

Judge Noonan will sentence Dillon at a later date after a probation department review of the case and interviews with Dillon, family members and victims.

Demon Dillon, one of the three men accused of robbing the M&T Bank in Elba on June 18, is scheduled to appear in court tomorrow at 2:30 p.m.

The court docket lists the appearance as "plea."

When a defendant is scheduled for a plea, that often means his attorney, in this case, Gary Horton, and the District Attorney's office have reached a plea agreement.