batavia

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.

Police are being dispatched to the area of Park Road to look for a silver SUV that reportedly struck a dog on Richmond Avenue.

The caller who reported the incident is "quite upset" according to a dispatcher.

There is no further description available on the suspect vehicle.

New York law requires drivers to stop after hitting a dog or cat.

James G. Cox II, 27, of 46 Holland Ave., Lancaster, is charged with petit larceny, consumption of alcohol in a motor vehicle and permitting unlicensed operation of a motor vehicle. Cox was identified as a suspect of a heist of a 12-pack of beer from Tops Market at 11:29 p.m., Wednesday. His vehicle was located on School Street and Officer Frank Klimjack initiated a traffic stop.

Jamie A. Showler, 16, of 19 Manhattan Ave, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Showler was allegedly driving the vehicle (see Cox, above) seen leaving the scene of an alleged beer theft from Tops Market.

(Name redacted upon request), 22, of River Road, Pavilion, is charged with petit larceny and criminal tampering, 3rd. xxx was located in Target on Wednesday and identified as a suspect in the theft of the beverage Red Bull on Oct. 6. Besides allegedly stealing the Red Bull, Losh is accused of tampering with the security device on a Dyson vacuum.

Rena P. Argento, 53, of Chili, is charged with DWI and driving with a BAC of .08 or greater. Argento was stopped by State Police on Caswell Road, Stafford, at 2:36 a.m., Tuesday.

It's Fire Prevention Week, and as it does annually, the Town of Batavia Fire Department, is visiting local pre-schools and schools to educate children about who firefighters are, what they do, and the role children can play in helping to prevent fires. Above, Nate Fix and Russel Borden with a child from Genesee Community College's daycare center.

Six years ago, the City of Batavia laid out an ambitious checklist of projects and assigned teams of officials and citizens to figure out how to accomplish each task.

Though communication about the Community Action Team's work has been sparse, City Manager Jason Molino said Monday, there has been quite a bit of progress.

For example, a "keep downtown looking great" campaign was started, a municipal power authority was formed, and a confidential hotline for housing complaints was established.

There's still much to do -- some of it audaciously ambitious (such establishing a wind farm to generate electricity for the city -- and some of it mundane (such as create a city staff technology team).

"While a lot of communities are slowing down because of economic challenges, you've been able to achieve a lot during that time frame," Molino said.

There are projects -- even the wind farm -- that could be grant-funded in the future, and part of that process will flow from a $226,000 Brownfield Grant the city has already received.

It will allow the city to study, plan and apply for funds for such things as converting city buildings to geothermal heat and creating residential revitalization districts.

Other possible projects that could move forward under the Brownfield Grant are a boat launch (originally at Kibbe Park, but possibly behind the courthouse), extension of park and walk trails, installion of small electric turbines on the Tonawanda Creek and pursuit of a Tonawanda Creek Park plan.

The 28-year-old business sign for Settler's Restaurant was destroyed early this morning by an alleged drunken driver.

Martin F. Jones, 41, of 120 Jackson St., Batavia, allegedly hit the sign at 1:56 a.m.

After Jones reportedly hit the sign, witness reportedly found Jones apparently passed out over the wheel of his car. They pounded on the window of the vehicle and Jones reportedly woke up, put his car in reverse, and pulled out onto West Main Street.

He then allegedly drove to the Hess station at West Main and Oak streets where he allegedly ran into a parked vehicle.

Police say Jones then abandoned the vehicle and left on foot.

He was located a short time later by Deputy Frank Bordonaro and taken into custody.

Jones was charged with felony DWI, refusal to take breath test, two counts of leaving the scene of a property damage accident, unsafe backing, aggravated unlicensed operation, 1st, avoiding an intersection, speed not reasonable and prudent and driving on the sidewalk.

He also had two active arrest warrants for allegedly falsely reporting an incident and disorderly conduct.

Batavia PD reports that Jones had "several" previous DWI convictions and was driving on a revoked license as a result.

Following arraignment in city court, Jones was jailed without bail.

The case was investigated by Lt. Greg Steele, Sgt. Dan Coffey, Officer Eric Bolles and Officer Marc Lawrence.

Settler's co-owner John Spyropoulos said the sign, which has already been removed from the property, is damaged beyond repair and will need to be replaced.

Church burglar John A. Cabrera is facing a maximum possible sentence of 21 years in prison after admitting to three felonies in Genesee County Court this afternoon.

John Anthony Cabrera Jr., 22, entered guilty pleas to Class D felony counts of burglary and escape. Each of the three convictions carry a possible sentence of two-and-a-third to seven years, and each sentence could be served consecutively.

Sentencing for Cabrera was set for 9:15 a.m., Dec. 4.

The plea is in satisfaction of multiple charges against Cabrera, who was captured July 24 after breaking into St. Paul's Lutheran Church, 31 Washington Ave., Batavia.

There may be additional charges against Cabrera, but this plea covers those charges as well. In order for any victims to recover restitution, Cabrera must be charged of those suspected crimes before he is sentenced on this plea.

So far, there are claims of restitution from St. Paul's and Genesee County totally nearly a $1,000 and District Attorney Lawrence Friedman said there willl be additional claims filed prior to Dec. 4.

In order for the plea deal to stand, Cabrera cannot dispute any restitution claims.

There was a spate of church burglaries in early summer prior to Cabrera's arrest, including at St. Mary's, Ascension West, First Baptist and St. James.

After he was arrested, Cabrera managed to escape from the Genesee County Jail, though he was captured before he could actually get out of the building.

For previous coverage, click here.

From the Volunteers for Animals:

We are currently out of dry kitten food and cat litter. We would appreciate any help from our supportive community. Donations can be dropped off during adoption hours or left under the patio at the front door.

Thank you!

Volunteers For Animals
PO Box 1621
Batavia, NY   14021
www.vol4animals.org

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main St. Road
Batavia, NY   14020
343-6410

Adoption Hours:
Sunday through Friday 1 -- 3 p.m. (closed on Thursdays)
Wednesday 7 -- 9 p.m.
Saturday 11 -- 1 p.m.

It's another beautiful fall day in Genesee County. This morning I left the house just before sunrise to see what pictures I might be able to make. I drove to Creek Road and circled back on Cookson Road.

Above, the pond at Baskin Livestock on Creek Road at sunrise.

Cookson Road

Cookson Road

Back on Creek Road

Edgar R. Perez-Gonzalez, 34, of North Main Street, Elba, is charged with criminal possession of a weapon, 4th. Perez-Gonzalez was allegedly found with a shotgun that was not legal for him to possess. He is also accused of being in the country illegally. He was arraigned and jailed on $100 bail.

Monica Renee Lloyd, 26, of Viking Way, Brockport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Lloyd was stopped at 8:31 p.m., Sunday, for allegedly driving 48 mph in a 30 mph zone on Lake Street, Bergen, by Sgt. Greg Walker.

Christopher C. Say, 21, of 518 E. Main St., Batavia, is charged with criminal contempt, 2nd. Say is accused of violating a stay away court order.

Alicia M. Stankwick, 21, of 318 E. Main St., Batavia, is charged with criminal contempt, 2nd. Stankwick is accused of violating a court order of protection.

Michael J. Elmore, 21, of 130 Bank St., Batavia, and Clifford F. Schultz, 46, of 26 Pearl St., Batavia, are charged with disorderly conduct. At 12:29 a.m., Sunday, Batavia PD responded to a disturbance call at 130 Bank St. and observed two men allegedly fighting. Schultz was reportedly seen throwing a punch and striking another person. Elmore allegedly held a baseball bat.

Scott T. Laird, 30, of 5711 Horseshoe Lake Road, Stafford, is charged with DWI and driving with a BAC of .08 or greater. Laird was stopped at 11:43 a.m., Sunday, on Main Street by Officer Chris Camp.

Carrie A. Brown, 32, of First Street, Bolivar, and Dennis Eugene Hopkins, 41, of First Street, Bolivar, are charged with grand larceny, 4th. The couple is accused of stealing $2,000 in pennies from a church on Lewiston Road, Batavia. The money was being saved to buy a playground for children in a Third World country. Brown was jailed on $500 bail. Hopkins was held without bail.

Woodrow Clarence Horseman, 36, of East Main Street, Batavia, is charged with petit larceny. Horseman is accused of shoplifting $103.72 in merchandise from Walmart.

Danielle E. Cummings, 34, of Bank Street, Batavia, is charged with burglary, 2nd, unauthorized use of a vehicle, 3rd, aggravated unlicensed operation, 3rd, and unlicensed operation. Cummings is accused of entering a residence on Horsehoe Lake Road, Stafford, taking the keys to a vehicle and using the vehicle without permission.

Manuel Larry Valdez, 34, of Shane Drive, Syracuse, was taken into custody on a parole warrant.

The staff of Genesee Orthopaedics and Sports Medicine is recognizing Breast Cancer Awareness month by wearing City of Batavia Fire Department breast cancer awareness T-shirts.