batavia

Former Batavia resident Richard Lee Matson admitted in Genesee County Court today that he possessed and cashed a forged check.

The plea satisfies up to 15 such charges for which Matson will be required to make $4,500 in restitution.

Matson was arrested in July and accused of cashing forged checks in both the town and City of Batavia.

The Class D felony conviction carries a possible sentence of two-and-a-third to seven years in prison and as part of the plea, there is no sentence cap.

In court today, when asked, Matson told the court clerk he now lives at an address on Tracey Avenue in Northshire.

Sentencing is set for Jan. 9 and Matson is out of jail under supervision of Genesee Justice in the meantime.

A Pembroke woman who allegedly supplied child pornography to a man later convicted of molesting toddlers entered a guilty plea in Genesee County Court today to one count of possession of sexual performance of a child.

As a term of the plea deal, Beverly Hensel, 53, of 8921 Alleghany Road, Pembroke, could receive up to 10 years probation and an intermittent jail term.

She also will not face federal prosecution.

Hansel admitted to possessing child pornography between January 2008 and December 2009.

According to court documents, Hansel met James L. Little Jr., 41, formerly of Batavia, at a bar in Corfu. During the meeting, Little said Hansel offered to acquire child pornography for him.

"Bev knew I was having certain feelings," Little wrote in his deposition as part of the court documents filed with Hansel's arrest. "Bev gave me my first child porn DVD around January of 2008."

Little is currently serving a 15-year sentence for molesting a toddler in Batavia last year and has been charged with molesting a second child.

Hansel will be sentenced Jan. 9.

Jessica L. Connolly, 34, of Batavia, is charged with DWI, driving while impaired by drugs and unlawful possession of marijuana. Connolly was stopped by State Police at 4:15 p.m., Saturday, on Route 98 in Alexander.

Timothy Billingsley, 21, is charged with criminal mischief, 4th, and harassment, 2nd. Billingsley was arrested by State Police for an alleged incident reported at 12:27 p.m., Friday.

Justin Marc Wotherspoon, 26, of Gibson Street, Oakfield, was arrested on a warrant out of Town of Batavia Court. He was jailed on $200 bail.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Oct. 16, at approximately 9 a.m. to 3 p.m. in the general area north of West Main Street and west of Bank Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.

Press release:

United Memorial’s Education Department will host an Open House on Wednesday, Oct. 24, from 2 – 5:30 p.m. in room 202 at the hospital in order to demonstrate the new patient simulator. The simulator, a $60,000 piece of equipment was provided to United Memorial at no cost from CHART, the organization’s insurance carrier. It will be used to educate clinical staff.

The simulator is wireless, lifelike and can be used to assist with training for multiple airway skills, catheter placement, airway complications and breathing complications. It has cardiac and circulation features, vascular access, blinking eyes, secretions, urine output, bowel sounds and the instructor can make it speak. The simulator can function as a male or female patient.

Pam Lynch, director of education; Kevin Aldrich, 2nd Floor nurse manager; Mary Lama, 3rd Floor clinical care coordinator and Judy Clark, ICU nurse manager were educated as trainers for the new equipment. The simulator assists in improving patient care and safety. It allows new students to practice basic nursing skills and veteran nurses to learn the latest technologies and use of new practices and equipment.

The public is welcome to attend this open house.

Ajia R. Hasenauer, 19, of 73 S. Main St., Batavia, is charged with grand larceny, 4th, and 16 counts of criminal possession of a forged instrument, 2nd. Hasenauer is accused of cashing 16 checks from a closed bank account. Hasenauer was jailed without bail.

Cynthia H. Owens, 37, of 28 Buell St., Batavia, is charged with criminal contempt, 2nd. Owens was taken into custody on a warrant and jailed on $1,000 bail.

Derek G. Thomas, 36, no permanent address, is charged with criminal contempt, 1st. Thomas is charged with a felony for allegedly violating an order of protection by being at the residence of a protected party. He is also accused of a parole violation. Thomas was jailed without bail.

Dajuandrick C. Gardner, 35, of 212 State St., Batavia, is charged with assault, 3rd, obstructing governmental administration, 2nd, and unlawful possession of marijuana. Gardner was charged in connection to an alleged incident at his residence at 5:35 a.m., Tuesday. Gardner was jailed on $10,000 bail.

Five people were charged with possession or consumption of alcohol under age 21 at 11:51 p.m., Saturday, at College Village. Charged were Kiera Monet Smoot, 19, Trevlyn Caljic Hentry, 19, Brendaliz DeJesus, 19, Ilkia Solana, 19, Drema Ramona Bautista, 19.

Kara Brooke Sass, 18, is charged with criminal trespass. Sass is accused of being at Residence Hall at College Village at 11:21 p.m., Oct. 6, after being barred from the property.

Jeffrey Michael Johnson, 24, of Forest Avenue, Oakfield, is charged with appearing in public under the influence of a narcotic or drug other than alcohol. Johnson was jailed on $300 bail.

Summer Ogden, 36, no permanent address, is charged with criminal trespass, 2nd. Ogden is accused of trespassing on Batavia Housing Authority property.

A fire is reported at 56 Buell St. in the City of Batavia, apartment 1. It's not yet known if everyone is out of the building. City fire is responding.

UPDATE 5:40 p.m.: A police officer on scene reports there is smoke coming from the upper apartment, but it's not yet known if there are flames. The building's entryway is on Elizabeth Street.

UPDATE 5:42 p.m.: City firefighters are now on scene and report there's "nothing showing."

UPDATE 5:44 p.m.: The fire was contained to the stove top. It's out and firefighters are ventilating the apartment.

UPDATE 5:51 p.m.: "Gas is off to the stove. We're all set with the ventilation," says a firefighter.

UPDATE 6:02 p.m.: City fire is back in service.

Press release:

Four persons were arrested on Oct. 7 by the Le Roy Police Department after allegedly being found in possession of more than $1,000 worth of stolen property, which was taken that night from the outside of a furniture store in the Village of Caledonia.

The investigation started about 10:30 p.m. that evening when a BOLO was sent out by the Livingston County Sheriff’s Office asking officers to be on the lookout for a vehicle occupied by people who witnesses say just stole furniture from the store.

The vehicle was located by the Le Roy Police as it was passing through Le Roy, headed west on Route 5 toward Batavia. The four occupants were allegedly found with multiple stolen items inside the vehicle worth more than $1,000 and taken into custody.

The four suspects, their vehicle and the property were then turned over to the Livingston County Sheriff’s Department and the four were charged in Livingston County for the theft. The four are also being charged in the Village of Le Roy with criminal possession of stolen property in the fourth degree, a Class E felony.

The four people arrested are:

Amy Lynn Showler, 37, of 19 Manhattan Ave., Batavia

Richard Donald Hammer, 45, of 5 Wood St., upper apt., Batavia

Jennifer Ann Zimblis, 40, of 34 Main St., apt. 2, Le Roy

Daniel John Wolfe, 38, of 5 Wood St., Batavia

It's the time of year again for The Batavia Cemetery Association's annual Candlelight Ghost Tours at the historic Batavia Cemetery. The first tour was Saturday night and another will be held at the cemetery this Saturday from 7 to 9 p.m. The cost is $10 and proceeds benefit the association and upkeep of the cemetery.

Sue Conklin as a Gypsy fortune-teller.

Tim Buckman as Philimon Tracy.

Charlie and Connie Boyd was Dean Richmond and his wife.

Dr. Micheal Merrill shared these pictures of the Batavia HS girls cross-country team from their meet Saturday in Alden. There are no results available from the meet.

A woman who came home to her River Street apartment about 10:30 p.m., Friday, was unable to rescue her dog and firefighters believe the dog had already passed by the time they found it in a back bedroom.

"She said she tried to get the dog out but the smoke was too thick," said neighbor Ed DeJaneiro. "She crawled but couldn’t reach him."

Lt. Marty Hinz, city fire, said when firefighters arrived a partition in the apartment's living room was engulfed in flames. The first order of business was suppressing the fire. Then they located the dog.

When the dog, "Scooter," was brought outside, the resident and neighbors tried to resuscitate it but where unsuccessful.

As a result of her attempt to rescue her dog, the woman suffered smoke inhalation and was transported to Strong Memorial Hospital by Mercy EMS.

Her name at this time has not been released.

The fire was likely the result of an electrical problem, Hinz said.

There's no damage estimate available.

The fire was contained to 102 River, which is the left side of a duplex. The other apartment had no fire damage.

The woman's husband had left for work at 4 p.m., Hinz said. Investigators have not yet been able to interview the woman and neighbors provided conflicting accounts of when she might have left.

Accounts do agree that she returned around 10:30 p.m. She found smoke coming from her residence and went to her neighbor's apartment to report the fire. The neighbor evacuated his three daughters and called 9-1-1. He then tried to attack the fire with a fire extinguisher, but was unsuccessful.

Batavia PD officers were first on scene.

By that time, DeJaneiro said, flames could be seen in the living room.

According to DeJaneiro, he and his wife left for dinner about 6 p.m. At that time, he said, they smelled smoke and commented that somebody must already be using their wood-burning stove this time of year.

The temperature at 6 p.m. was into the 30s or low 40s.

Another neighbor thought he heard a smoke detector at one point, but didn't pinpoint the location, DeJaneiro said.

"This may have been going on since six o’clock," DeJaneiro said. "I don’t know. It may just have been smoldering and unfortunately, this is the end result."

DeJaneiro said the woman's husband was particularly fond of Scooter.

Officer Thad Mart points out to a parent a newly installed "No Stopping" sign installed on Ross Street across from Batavia Middle School.

Lt. Eugene Jankowski explained that parents parking across from the school on Ross are a traffic hazard. The street isn't wide enough to accommodate parking on both sides. The area had been posted no parking, but parents picking up their children would protest that they weren't parking, but just stopping. Now, no vehicles will be allowed to park or stop on this section of Ross during morning and afternoon school hours.

Officer Mart was assigned the duty today to ensure parents take note of the signs.

A house fire is reported at 100 River St. in the City of Batavia. City firefighters are en route. Town of Batavia Fire Department is also called. The fire is fully involved.

UPDATE 10:40 p.m.: The Town of Batavia's Fast Team is also called and Alexander is asked to fill in at the city fire hall.

UPDATE 10:42 p.m.: All occupants are evacuated. A medic is called to evaluate a female for smoke inhalation and another ambulance is called to stand by at the scene.

UPDATE 10:45 p.m.: River Street will be shut down at Pearl Street.

UPDATE 10:48 p.m.: The city's Fast Team is asked to continue and its second engine is told to stand down.

UPDATE 10:49 p.m.: People at the scene tried to resuscitate a dog on the property but failed.

UPDATE 10:55 p.m.: National Grid has been notified. No ETA given.

UPDATE 11:04 p.m.: The location is actually a duplex, with smoke spewing from both units, 100 and 102 River St.

UPDATE 11:19 p.m.: The fire is under control.

Mike Lullo kept the key tacked to a bulletin board in his office for years.

"I told my wife, 'I'm going to ride that motorcycle again.' "

Her response, "yeah, yeah, yeah."

Soon, Lullo will ride that motorcycle again.

The motorcycle in question arrived in Batavia last night and was uncrated outside his insurance office on Center Street this morning.

It's a 1969 BSA Rocket III, a highly desirable bike in its day that Lullo acquired in 1975 while attending college in Albany.

It was his primary transportation for awhile. He took it on some road trips, and on one of those trips it broke down.

Lullo took the bike into the basement of a building he owned and started repair work.

"It was at the time what’s known as a basket case," Lullo said. "It had broken down, had some engine problems and was being repaired. It was somewhat disassembled, so to the untrained eye it was just a bunch of parts, a frame with some wheels on it."

One of Lullo's tenants took it upon himself to sell the bike to somebody locally. It was some time before Lullo discovered the bike was missing and about 11 years ago, he reported it stolen.

The former tenant still lives in Batavia and recently told police, Lullo said, that he sold the bike because Lullo told him to clean out the basement and get rid of everything.

"Yeah, right," Lullo said.

Even if the former tenant admitted to stealing the bike, it wouldn't matter much now.

"The statute of limitations is only five years," Lullo said. "That was 14 years ago. There's no touching him at this point. I'm just happy to get the bike back."

The tenant got $150 for the BSA and it changed hands a couple of times before it was sold to a man in Syracuse for $200.

That buyer sold the motorcycle on Ebay last November for $3,350.

In March, one of Lullo's insurance customers came into his office and they started talking motorcycles.

Lullo mentioned he once owned a BSA, and the customer said, he once did, too.  Lullo asked him to describe the bike.

"It was your bike, wasn't it, Mike?" the customer said.

With that clue, Lullo was able to find the guy in Syracuse who wound up with the motorcycle and sold it on Ebay.

At that point, Lullo recontacted Batavia PD. Det. Pat Corona got involved in the case and between the two of them -- Corona contacted Ebay for help -- they were able to track down the online transaction and the buyer in England.

The buyer in England is a retired fellow, Lullo said, who is quite into motorcycles and buys and sells parts on Ebay.

"He was a bit taken aback when he discovered he had purchased a stolen motorcycle and really didn’t want to give it back because he had invested a lot into the restoration," Lullo said.

The man shared receipts with Lullo showing $7,500 in work on the motorcycle.

The restoration project was never completed because once the man found out he would be sending the motorcycle back to the U.S. he stopped working on the project.

He returned the bike and all the original and restored parts, professionally packed in a well-constructed crate.

Lullo paid for the shipping and reimbursed the man in England for some of the restoration, otherwise, the man in England is out his purchase price and some of the restoration expense.

While Lullo expressed some sympathy for the man, he did buy a motorcycle without absolutely no documentation and once Lullo established rightful ownership the man in England, legally, had to turn it.

According to Lullo, because the buyer is in England, Ebay's buyer protection program doesn't apply to the transaction.

Proving Lullo owned the BSA wasn't necessarily easy. 

Back in the 1970s, New York didn't issue title on motorcycles, so all he had was sales receipt and a registration. Those documents disappeared with the bike.

One of the things Lullo learned about the bike the man in England had was that it was missing a side panel.

When the bike was originally stolen, the thief and/or buyer left behind a side panel.

The paint job was a custom color and that color matched the color of the bike at the time the buyer in England received the motorcycle pieces.

That helped prove Lullo was the proper owner of the motorcycle.

Getting the motorcycle back to the United States proved problematic. It was shipped to England as motorcycle parts along with other freight, so there was no export record for a motorcycle, so to customs it looked like a new import. Lullo had to produce police records and other documentation to prove the bike was being repatriated to the U.S.

After not hearing from customs, Lullo called Newark and this time he apparently got the right guy on the phone who said simply, "Your bike is ready. Come and pick it up."

Immediately, Lullo jumped in his pickup truck and drove down to Newark to retrieve a very important connection to his youth.

After unpacking it today, he stood back, held his arms out wide and with a broad grin said, "It's back home."

Annual External Audit Report Presented

David Mancuso of Freed Maxick, CPAs, PC, presented a summary of their audit of the basic financial statements of the Batavia City School District for the fiscal year that ended June 30, indicating that there were no significant, unusual or controversial transactions or accounting practices.  

   Some specific points from the report and presentation follow. 

• The district currently maintains an A1 credit rating from Moody’s Credit Corporation, which is among the highest in Genesee County. 
• Amid uncertain economic times, the district has been successful in efforts to spend and budget conservatively, as well as to plan for the long-term by setting funds aside in reserve for specific areas of concern: unemployment insurance, retirement contribution, repairs, and employee benefit liability. In an economic climate where the future is likely to see reduced state aid as well as increased expenses, continued economic conservatism is to be encouraged.   
• The district total tax levy has increased only $473,599 or 2.97 percent since 2007-08 or an average yearly increase of $94,720 or averaging 0.59 percent, while at the same time maintaining most of our educational program offerings by restructuring its educational plan and building footprint.  
• The district finished the year with an unexpected general fund surplus of approximately $451,519. This was primarily due to conservative budget estimates in difficult-to-predict categories such as to special education services, foster care tuition, and utilities; being able to cover some budgeted payroll costs with money from grants, delaying purchasing and savings in utilities because of a rather mild winter. The district was able to put this money into the retirement contribution reserve to help with future increases in employer contribution rate increases which are tentatively anticipated to rise over 18 percent for 2013-14 and 13 percent for 2014-15. 
• The unassigned fund balance (formerly referred to as undesignated fund balance) of the district’s general fund was $1,508,767 and this amount was within the state’s limit of 4 percent of the ensuing year’s budget, excluding of the amount designated for the subsequent year’s budget.  

The complete report will be available on the district’s Web site (www.bataviacsd.org): go to the “District” tab for a drop-down menu, scroll down and click on “Business Office,” click on “Financial Reports,” then scroll down to the appropriate report. 

More after the jump, click on the headline.

Jackson Primary School Toured

Jackson Primary School Principal Diane Bonarigo welcomed the board of education members and guests to the school which now houses two universal pre-kindergarten classrooms (each with a morning and afternoon class), 10 kindergarten classes, nine first-grade classes, and one 12:1 class. In addition to providing a tour of the facility, she introduced several initiatives that will begin soon. The first, Science Stars, “starring” first-graders, will run from November to June and will involve various labs and activities that will culminate in a science fair. A second will be an ELA and math night this fall for students and their parents in which teachers will plan and present fun lessons aligned with the Common Core Standards. In January, advanced writers and readers will have an opportunity to publish a piece of their work, ideally one with a national audience.

Annual Professional Performance Review Plan (APPR) Approved

In the final step before submitting it to the NYS Education Department (NYSED), Deputy Superintendent Chris Dailey presented the district’s APPR plan to the board for its approval. In his presentation, he explained the 100-point scoring system that is used to rate teachers and principals as highly effective (91-100 points), effective (75-90 points), developing (65-74 points), or ineffective (0-64 points), noting that “effective” and “highly effective” are the only acceptable target scores. In addition, he explained state and local criteria and measurement tools -- such as student grades on state and/or local assessments, on-site observations by a supervisor, and setting and meeting targeted goals that boost student success -- that are used to determine scores. While the APPR format is new, the process of staff development and of implementing strategies to improve student learning -- the true aim of the APPR plan -- have long been the standard.

The board adopted the plan which now will be sent to the NYS Education Department for approval. While expecting the plan to be approved by the state, Mr. Dailey also reminded the board that this was a one-year plan so the committee will continue to review and adjust it in preparation for next year. The board and superintendent of schools commended Mr. Dailey and the committee for their work in the development of the plan.

The APPR plan, once approved by the state, will be posted on the district Web site.

2013-2014 Budget Calendar and Board’s Budget Guidelines

Business Administrator Scott Rozanski submitted for approval a budget calendar to be followed for the preparation and presentation of the 2012-2013 spending plan for the district, leading up to the vote in May. Some important dates to note include the following:

·                Deadline for turning in Budget Ambassador applications: Jan. 3

·                Budget Ambassador meetings: Feb. 13 and 20

·                Board of Education petitions due: April 24

·                Voter Registration Day: April 24

·                Proposed Budget available for public view: May 6

·                Presentation of Proposed Budget/Propositions: May 14, 7 p.m., Batavia High

·                Budget, Board of Education, and Propositions (if any) vote: May 21, 7 a.m. through 9 p.m. at Batavia High and John Kennedy Intermediate schools.

He also presented suggested guidelines requiring board input and approval, based on parameters that the board has set in the past for the development of the preliminary budget. Those guidelines, as approved by the board, include:

• Meet all applicable mandates, and health, safety, and legal requirements;
• Fulfill all contractual obligations;
• Support educational programs and services vital to successful implementation of the district mission and vision;
• Identify alternative funding sources;
• Prepare the first draft of the 2013-14 budget with a tax levy increase over the 2012-13 budget of no more than the Consumer Price Index, or the calculated tax levy cap.

Student Count and Consolidation; Superintendent Report

Superintendent of Schools Margaret Puzio reported that the annual count of students which provides a snapshot of student enrollment -- the Basic Educational Data System (BEDS) -- held no big surprises. The district has 23 more students than at this time last year, most of which are in the ninth grade and, to a slightly lesser degree, the fifth grade.

In continuing to check in on the consolidation process, Mrs. Puzio visited the fifth-grade wing at the middle school during one of the enrichment periods held twice a week. Noting that “it was even better than expected,” she cited the students’ enthusiasm and engagement in their activities, which included groups involved in keyboarding, math games, an art project, and a creative thinking activity. Staying through dismissal, she was pleased to report that it all went very smoothly.

At about 6:12 p.m., Thursday, a gold-colored Chevrolet S-10 pickup truck reportedly struck another vehicle on East Main Street at Elm Street and fled the scene.

Batavia PD is looking for assistance in locating the vehicle and driver.

The other car reportedly suffered extensive damage.

While the license plate number is unknown, it's believed the truck had New York Empire gold and blue license plates.

The truck should have extensive hood and front passenger-side damage.

The vehicle was last seen heading north on Elm Street.

The driver is described as a white male, from 30 to 40 years, average height and blond hair.

Anyone with information is asked to contact Batavia PD at 345-6350. The confidential tip line is 345-6370.

The Batavia Cemetery Association will present Candlelight Ghost Tours on Saturday, Oct. 13 and 20 at the cemetery on Harvester Avenue.

Cost is $10. Tours begin at 7 p.m. and depart every 15 minutes until 8:30 p.m.

Tickets are available at the cemetery gates on tour nights and/or can be reserved by calling 344-2550, ext. 2613, or 343-0248.

The Genesee County Historians will present the 2012 Ghost Walk on Friday (Oct. 12) and again on Friday, Oct. 19.

Cost is $10 and tickets are available at the Engine House at 3 W. Main St. in the City of Batavia.

Tours are at 7:30 and 8 p.m.

For those unable to walk two hours, the length of the tour, a Power Point presentation is available for viewing.

For more information and/or to make reservations, call 344-2550, ext. 2613.

Press release:

Genesee ARC saluted local business partners during a luncheon Thursday, celebrating National Disability Employment Awareness Month. The event is an opportunity to thank local businesses for believing in the abilities of the ARC workforce, both in the community and through Work Center subcontracts.

The theme of this year’s NDEAM awareness campaign is "Building an Inclusive Workforce" and focuses on recruiting, hiring and retaining employees with disabilities. Scott Jones, Genesee ARC director of Vocational Services, thanked business partners and asked them to share their ARC experience with colleagues in the business community.

“We can help place, train and work alongside an individual to help them succeed at a job placement,” Jones said. “Our success rate is phenomenal and we have a team of enthusiastic workers, with a variety of skills."

One individual on the ARC workforce was singled out for recognition at the luncheon. Roxy Kio of Batavia is one of 59 Joslin Outstanding Performers recognized through NYSID’s annual people-centered awards program.

NYSID (New York State Industries for the Disabled) is a not-for-profit business which administers Preferred Source contracts for goods and services in support of state and local government procurement budgets, to achieve its mission of “Turning business opportunities into JOBS for New Yorkers with disabilities.”

Roxy joined the Genesee ARC workforce in February 2011. She learned about different types of contract work jobs and was initially trained on piecework tasks. She quickly mastered her new work skills and was open-minded to learning more about training and new assignments.

In March of last year, she began working with the janitorial crew and due to her thoroughness and attention to detail, she worked at 100-percent productivity rate. Over the summer, Roxy joined the Culinary Arts team at the Genesee ARC Community Center and has been assisting daily with the Meals on Wheels contract.

As a ‘Joslin Outstanding Performer’ Roxy received a certificate of achievement and cash award in a presentation by Assemblyman Steve Hawley. She will also be featured in NYSID’s annual yearbook.

Genesee ARC works with about 60 local business partners through individual employee placements, the trash & recycling center, work center and community contracts.

Businesses who want to learn about the benefits of building an inclusive workforce may contact Scott Jones at 343-1123 or scjones@rochester.rr.com.

Submitted photo: Scott Jones, ARC, Roxy Kio, award recipient, Margie Werder, NYSID, Donna Saskowski, ARC executive director, and Assemblyman Steve Hawley.