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Correction: Suspect wasn't from Mancuso Heights. That was his name.

By Howard B. Owens

Yesterday, in our story on the scuffle at the DSS office, we identified the suspect as Steven Joseph. His correct name is Steven Joseph Mancuso-Haitz.

We also said he was a resident of a complex called Mancuso Heights in Stafford.

It is unlikely there is a development in Stafford called Mancuso Heights, or even in the Town of Batavia, as one of our readers suggested this morning.

Mancuso-Haitz is apparently homeless and had only recently arrived in Batavia on a bus from Florida.

I'd feel a lot worse about this, but the Batavia Daily News reporter misunderstood the information in the same way I did.

I ran into one of the deputies from the scene at the courthouse this afternoon and as we discussed the confusion, it was clear how it came about. We all, I'm sure, regret the error.

A taste of the bayou comes to GCC

By Billie Owens

Here's a news release from Genesee Community College.

Genesee Community College’s Batavia Campus will come alive with the sounds of rhythm and blues music and the flavors of delicious Cajun fare at the Batavia-bayou Cross-cultural Connection on Saturday.

This culturally diverse event will present and explore Louisiana’s struggle to rebound from Hurricane Katrina and the devastating oil spill. The full-day event features live music by the Frank Mayo Band, educational guest speakers and discussions, a documentary film by Genesee students, a Taste of New Orleans and much more.

Saturday’s events begin at 8:30 a.m. with a full day of presentations and question-and-answer sessions with various guest speakers. A welcome and documentary film presentation by GCC students will start the daylong events.

Guest speakers throughout the day include: Diane Huhn of the Bayou Grace Community Services of New Orleans, who'll make a presentation on wetlands conservation after the Gulf oil spill; Pete Nunually of the Episcopal Community Services of Louisiana who'll talk about on the rebuilding and volunteer efforts; and Captain Wendy Billiot, former oil and gas industry employee, who will speak about the threat to the region’s wetlands and the poisoned landscaped after Katrina.

Saturday will also feature dinner with New Orleans-style food samplings, a photography exhibit by Genesee students who traveled to New Orleans for Alternative Spring Break, and Zydeco dance exhibitions and lessons. Highlighting the evening will be a concert by the Frank Mayo band and a Café du Monde dessert station.

"I am amazed at the resiliency of the people of New Orleans who have come together to help rebuild the region,” said Lori Mould, president of Genesee’s PTK chapter and student trustee.

“This event will highlight the rebuilding efforts and bring to light the issues the city is still dealing with years after Katrina and the BP oil spill. This cultural event should also uncover the amazing cultural gems the city of New Orleans holds."

Mould, a Multimedia and Fine Arts major, has traveled to the New Orleans area about a dozen times over the last year and a half. Her efforts have brought other Genesee students to the bayou region and helped make this event possible.

Proceeds from this event will support Genesee students’ Alternative Spring Break 2011 in New Orleans, Episcopal Community Services of Louisiana and Bayou Grace Community Services.

Tickets for Saturday’s events are $20 general, $15 seniors, and $10 students with valid ID. For tickets, contact the Box Office at 343-0055, ext. 6814, or purchase at the campus.

Grand Jury Report: Man accused of trying to steal drugs

By Howard B. Owens

Adam R. Kopp is indicted on charges of burglary, 2nd, criminal possession of a controlled substance, 5th, and petit larceny. Kopp is accused of entering a residence on Bloomingdale Road, Alabama, on Jan. 12, with the intent of committing crimes once inside. On that date, he is accused of possessing hydrocodone and acetaminophen. He is accused of stealing on that date hydrocodone and acetaminophen tablets.

Shawn R. Hugar is indicted on charges of DWI as a misdemeanor, driving with a BAC of .08 or greater and aggravated DWI ("Leandra's Law"). Hugar is accused of driving drunk on Aug. 23 in the Town of Darien while a child less than 15 years old was in the vehicle.

Lynn A. Hertweck is indicted on charges of DWI as a felony and driving with a BAC of .18 or greater as a felony. Hertweck is accused of driving drunk on Oct. 3 on Route 19, Town of Bergen.

Police Beat: Former Bergen resident already in custody accused of identity theft

By Howard B. Owens

Dustin M. Locicero, 26, formerly of 16 Gibson St., Bergen, is charged with criminal possession of stolen property, 4th, and four counts of identity theft. Locicero, currently an inmate at the Elmira Correctional Facility, is accused of possessing a stolen credit card at the Wilson Farms store, 8132 Buffalo Road, Bergen, on March 18, and allegedly using it to make three separate ATM withdrawls and one merchandise purchase. The investigation was conducted by Deputy Dana Richardson and Investigator Timothy Weis.

Stephen John Farrell, 44, of the Bare Hill Correctional Facility, Malone, is charged with burglary, 3rd, and criminal mischief, 4th. Farrell is accused of using force to enter a Bergen business during the early morning hours of Feb. 11. The entry door was damaged. Farrell was arraigned in Genesee County Court and bail was set at $10,000.

Cody James Sundown, 20, of Sailles Plank Road, Irving, is charged with criminal mischief, 4th. Sundown was arrested on a bench warrant out of Town of Pembroke Court. Sundown is accused of damaging another person's vehicle on Nov. 27.

Matthew Scott Williams, 23, of 21 Maple St., upper, Batavia, is charged with a violation of probation. Williams was taken into custody at 7:47 p.m., Thursday. Williams was wanted on a bench warrant out of Town of Elba Court. He was jailed on $5,000 bail. (For previous arrest reports on Williams, click here.)

Futon fire reported on Tracy Avenue

By Howard B. Owens

A futon caught on fire this morning at 29 Tracy Ave., but the apartment was not damaged.

The initial alarm came in around 10 a.m. and city firefighters responded.

Firefighters found the futon outside the apartment, where the resident had dragged it.

According to Lt. Jay Steinbrenner, the resident was apparently smoking on the futon when he fell asleep. When he woke up, he tried putting the fire out himself. He apparently tried a few times, according ot Steinbrenner.

"This apparently went on for an hour and a half," Steinbrenner said.

When the futon flamed up pretty good, the resident dragged it outside and called 9-1-1.

Photo: Clear sky over Centennial Park

By Howard B. Owens

It's 50 degrees, the skies are clear, the sun is out -- yeah, sure, it's windy, but surely this is a sign of early spring, right?

Don't get your hopes up.

By 9 p.m., temperatures are expected to dip to 36 degrees, and it will be below freezing by 10 a.m.

There's a 50-percent chance of snow over night.

The the next 10-day forecast shows nothing much above 30 degrees.

BTW: There's also a wind advisory in effect until 6 p.m. Winds will be 20 to 30 mph with gusts of 55 mph.

During his return to Batavia, Terry Anderson sees hope for the Middle East

By Howard B. Owens

It's an auspicious time for Terry Anderson to return to Batavia to dedicate a peace garden.

Anderson, who grew up in Batavia, was chief Middle East correspondent for Associated Press when he was abducted on March 16, 1985, in Beirut following a game of tennis. Anderson was held in captivity by Hezbollah for six years and nine months.

As Anderson returns to his boyhood home, the Middle East is exploding in a way it never has before. Governments in Tunisia and Egypt have been toppled by pro-democracy demonstrators. Even the Iranian government, which backs Hezbollah, is facing youthful opposition.

Anderson is cautiously optimistic about what he sees happening.

"I watched Yasser Arafat and Isaac Rabin shake hands on the White House lawn," Anderson said tonight during a meet-and-greet at Batavia Downs. "It was one of the most optimistic days of my life, because I covered that conflict for years, and (look at) what has happened since.

"It doesn’t always turn out for the best. But yes, I see something new in the Middle East. I see something that promises something hopeful for the future."

One of America's most acclaimed and recognized journalists, Anderson was invited to return to his former hometown to help raise funds for a War of 1812 Peace Garden planned for a plot of land adjacent to the Holland Land Office Museum.

Anderson will have a busy day Friday, starting with an 8 a.m. visit to Batavia High School. He will also have lunch with GCC President Stuart Steiner followed by a public lecture at noon at GCC. At 2 p.m., there will be a press conference with Anderson at the Genesee County History Office, 7 W. Main St., and at 5 p.m., the main event -- a dinner at Terry Hills ($25 per person), where Anderson will be the featured speaker.

Thursday night, Anderson arrived at Batavia Downs shortly after 7 p.m. and he was warmly greeted by a few old friends as well as people involved in organizing the peace garden effort. Anderson also took a few minutes to talk with members of the media who where there.

Anderson -- who recently finished a teaching stint at the University of Kentucky and is now contemplating a return to residency in Upstate New York -- was animated as soon as the topic turned to the turmoil in the Middle East.

He recalled that he was in captivity when Marcos fell in the Philippines, and that was followed by the regime falling in South Africa and then, of course, the toppling of the Berlin Wall and the fall of the Soviet Union.

"It just proves again what we knew then – you can have all of the police and secret police and guns and thugs in the world, and when your people stand up and say, ‘no, we’re tired of you,’ you’re gone," Anderson said.

He added, "Every country is different, but there is something going around that they all seem to have in common: They are tired of dictators and corruption and denial of human rights."

A Vietnam veteran, Anderson said that as a 19-year-old Marine, he visited the most famous peace garden in the world, the one at ground zero in Hiroshima, Japan. So when he was invited to return to Batavia to help bring about a new peace garden he thought, "who's not in favor of peace?

"Why would I miss a chance to dedicate a peace garden? It may be on a smaller scale, but why wouldn't I support it?"

Photo: Jim Owen gets an autograph from Terry Anderson on one of his books.

Oil Doctor on West Main wants to expand to motorcycle sales

By Howard B. Owens

A public hearing has been set with the Town of Batavia Planning Board to discuss a proposed change to the location of Oil Doctor, 4003 W. Main St. Road, Batavia.

Owner Ben Thompson has requested permission to convert a portion of the existing building to an area for motorcycle sales.

The hearing will be at 7:30 p.m., March 1, at town hall, 3833 W. Main St. Road, Batavia.

A copy of the application is available at town hall for review.

Construction begins on indoor water park at Clarion Hotel, Batavia

By Howard B. Owens

Construction has begun on a $2 million project to add an indoor water park to the Clarion Hotel on Park Road, Batavia.

Owner Chan Patel (above) said he is looking forward providing year-round recreation to the region. He expects to draw customs from Buffalo and Rochester, not just Genesee County.

"We have a big staff," Patel said. "Even in the winter, we have 60 people on staff. During the summer there's plenty of work, but in the winter I have to cut down their hours. It's not fair because they have to support their families, too."

The 12,000-square-foot facility -- Palm Island Indoor Water Park -- includes a 197-foot and a 169-foot water slide, a pool equipped with basketball hoops, a spa, a play lagoon with waterfalls, small slides and dumping buckets, as well as birthday party rooms, a food and beverage concession and an arcade room with 15 games.

Patel said he planned the park so that there would be activities that would appeal to all ages.

"This will bring more business into town," Patel said. "It will be a benefit to the whole community."

He's even partnering, he said, with local businesses to help ensure his guests patronize those businesses.

He's also using local or regional contractors. The design was completed by Smart Design, of Batavia. Whitney East, of Rochester, is the general contractor, and Batavia's Arctic Refrigeration is handling all of the mechanical work.

The project received tax abatements from the Genesee County Economic Development Center worth about $91,600. That includes partial abatement of property taxes for 10 years worth $18,800, a mortgage-tax abatement worth $12,800, and exemption from sales tax on materials for construction of the park worth $60,000.

GCEDC estimates the $91,600 in tax abatement will have more than a $5 million multiplier-effect benefit for the local economy.

Chimney fire reported on Colby Road, Corfu

By Howard B. Owens

A chimney fire has been reported at 9565 Colby Road, Corfu.

Darien Fire Department along with a tanker from Alexander and Corfu fire have been dispatched.

UPDATE 5:03 p.m.: Power has been shut off to the residence. Pembroke fire requested to fill in at Corfu's hall.

UPDATE 5:13 p.m.: Fire appears contained to the chimney.


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Stafford man taken into custody after tussel with security guard at DSS

By Howard B. Owens

A 26-year-old Stafford man apparently had a bad day at the Department of Social Services office and when a security guard told him it was time to leave, he didn't immediately comply.

"The situation became verbal and then it became physical," said Trooper Mark Catanzaro.

The initial 9-1-1 call for assistance came into the Emergency Dispatch Center at 11:14 a.m.

Taken into custody and facing a possible harassment, 2nd, charge is Steven Joseph, who listed an address in Mancuso Heights, off Seven Springs Road, Stafford.

The security guard was checked by Mercy EMS as a precaution, but was not injured, though his jacket was torn.

Joseph did not appear injured either. 

Catanzaro said Joseph was at DSS seeking services, but "it wasn't going well." He became agitated and the security guard suggested he leave and come back another day.

During the confrontation, the guard wrestled Joseph to the ground and held him there until law enforcement arrived.

Catanzaro was first on scene. A city police officer and Sheriff's deputy arrived on scene seconds later.

UPDATE: A reader sent an e-mail saying that Mancuso Heights is actually in the Town of Batavia.

Photo: Smith Road Sunset

By Howard B. Owens

I spent most of the afternoon in Le Roy looking for news. I came up blank, but as the sun started to set, I took some back roads home to Batavia. This was shot on Smith Road, Pavilion Bethany.

Tagger hits eight downtown buildings

By Howard B. Owens

At least eight buildings in Downtown Batavia were tagged with graffiti some time since later yesterday evening, according to police.

The police report doesn't specify which buildings, but the building owners were notified that police officers spotted the graffiti sometime around 2 a.m.

There has been a little tagging of downtown buildings in the past, but this new tagging does not match the previous words/symbols left.

Chief Randy Baker said the police officer wasn't even sure what the message of the tags were.

Baker suggested that anybody who is downtown after dark call police and report any suspicious activity around buildings.

UPDATE: Downtown property owner Ken Mistler is offering a $500 reward for information leading to the arrest and conviction of the tagger.

Police Beat: Convicted sex offender faces new charges

By Howard B. Owens

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, is charged with four counts of sexual abuse, 1st. Dioguardi is accused of having forcible sexual contact with a child under 11 on two separate occasions in 2006. Dioguardi is currently serving a sentence on a conviction for similar acts, also in 2006. The case was investigated by Det. Kevin Czora, Batavia PD.

Amanda Ann Barclay, 23, of Angling Road, Corfu, is charged with criminal contempt, 2nd. Barclay is accused of remaining in the presence of two people whom she is barred by court order from contacting.

Local hotel owners unite against Holiday Inn Express

By Brittany Baker

Local hotel owners are united in their opposition to the proposed four-story Holiday Inn Express that could become their new neighbor.

One by one, the owners gave their reasons why to the Town of Batavia Planning Board Tuesday night. They cited serious traffic concerns and opposed a building that would tower over others. They claimed another hotel would negatively impact their businesses and, ultimately, the local job market.

The proposed "franchise hotel" would have, according to architect Mark Tiedemann, of MWT Architecture, "...80 rooms with a small meeting room space along with a dining space/breakfast area and an indoor pool."

Developer Michael Patel was not present. He also owns the Hampton Inn in Batavia and is an investor in Chase Hotel Group.

"He doesn't live in our community -- he's not from the area," said a hotel owner.

More than one owner complained that the Hampton Inn continually undercuts the prices of its competitors, starting a "price war."  

Rashi Dev, owner of the Comfort Inn in Batavia, said her hotel will be the most negatively affected if the Holiday Inn Express is erected at four stories high next to her two-story building.

Hotel owners agreed that demand for their services has dwindled in this troubled economy. Some have had to lay off a number of employees and they admitted working long shifts as their own front-desk attendants, even having to clean rooms.

"We're already overpopulated," said Vibhu Joshi, owner of Days Inn and Super 8. He explained that the number of hotels at exit 48 proves to be the highest concentration off the thruway from Syracuse to Pennsylvania.

 "Currently, all the hotels here are struggling in a bad economy and this will hurt even more... the county and the state because the demand will not increase. The supply would be increasing."

The proposed project touts the creation of 19 jobs, but hotel owners questioned whether they are full or part time, and whether or not they will be seasonal. They also pointed out that Patel is known to "share" employees from facility to facility and said that the "new" jobs would most likely be given to those already employed at the Hampton Inn.

Dev informed the planning board of a few parking lot troubles she already encounters with her close proximity to the Hampton Inn, and asked that traffic and parking be looked into further. It was pointed out later by Tom Warth, of Hiscock and Barclay -- hired to represent the existing hotels, that the traffic studies should be conducted during the peak hotel season in the summertime.

Planning Board Chair Kathleen Jasinski tried to assure the concerned business owners that, "This is all so preliminary and it's the first the planning board is hearing of it tonight... If we need to have another public hearing on the matter, we will."

After listening to the genuine concerns and issues of the hotel owners and even a few hotel employees, Jasinski seemed certain that another public hearing will be scheduled at a later date.

The planning board agreed to serve as lead agency on the project and to go through the SEQR process beginning March 15 -- after the applicant provides a traffic study. Jasinski said she couldn't comment on whether the study would be considered adequate if it turns out it wasn't conducted during peak hotel season.

Besides parking and traffic, height was a big concern.

Tiedemann said the building's height shouldn't negatively affect those around it because westbound Thruway traffic can't see the buildings behind the Route 98 bridge anyway. And eastbound traffic would see it behind the others from the opposite direction.

Jasinski warned that, "Unfortunately, we deal with only the land use. We just determine whether or not the project is the right use for the land and that area. We are not involved in the economics -- they have already gone through that with the GCEDC and they've gotten their tax incentives and it's all worked out."

When Warth pointed out that, "Actually, they don't (have it all worked out) because they are waiting on the planning board."

Jasinski replied, "Well they are going to wait a little bit because we have a lot to do."

Although a 40-foot height variance was approved by the Zoning Board of Appeals, the project was incorrectly categorized as one not requiring a SEQR review. In fact, the zoning board cannot grant a variance until a SEQR is completed, so its decision is invalid.

"I don't see any reason to allow another hotel but just in case it turns out they have the right to be there, I would like to see that you don't give the varience for additional height," Joshi charged the planning board. "

"Show the reason - if there is supply and the need is there for a higher building, so be it... but why grant the unfair advantage when everyone else is at the same height? They are the ones getting tax benefits, they will lower all the rates to take the business from us and put us in jeopardy and they sell the bulding and run."

City School District presents plan for $3.9 million upgrade to Van Detta

By Howard B. Owens

No more muddy football games, practice sessions that can begin a month earlier and end a month later and lower maintenance costs are among the advantages of an artificial turf field. That's what about 30 attendees were told about at a public hearing Tuesday night on a proposed $3.9 million upgrade to Van Detta Stadium and the field.

The upgrade would also bring showers into federal Title IX compliance and disability access to the stands into compliance with the American with Disabilities Act. It would also add 75 adjacent parking spots.

The financial impact of the project, some of which would be covered by state aid, would mean the district would need to collect about $110,000 in annual taxes from district residents over 15 years.

Superintended Margaret Puzio acknowledges that in a slow economic time a proposal like this might be counterintuitive. But the time is right, she said, because the recession means the district is likely to attract lower bids from contractors.

"It's important for the public to understand that this may be the last opportunity to do a project of this scope funded at this level," Puzio said near the end of the public hearing.

Afterwards, Puzio said she thought it was important to at least present the option to the public.

"I told the board, morally this is the right thing to do -- to let the public know this is available and let them decide," Puzio said.

The local share -- the amount local taxpayers will pay for directly -- is $1.6 million. The district already has more than $500,000 in its capital improvement fund, which leaves a little over a million to raise locally.

That would mean a tax increase of $6.41 annually to the tax bill of a property assessed at $75,000.

Revenue to pay the balance of the $3.9 million project cost is expected to come from state aid.

The public vote on the proposal is March 29.

Besides converting the playing surface to artificial turf -- which would greatly multiple the number of events and practices the field could be used for annually -- the proposed project also renovates and expands the press box. It adds coaches offices adjacent to the locker rooms and creates separate shower facilities for boys and girls.

The current showers can't even be used because they don't comply with requirements of Title IX.

There would also be a new concession stand area that would include public restrooms.

A 75-space parking lot would be constructed on a current playing field off Union Street (near the center, top left of the picture above).

The Batavian is growing: Meet Brittany, Ethan and Nick

By Howard B. Owens

Today was a significant day in the growth of The Batavian -- our first two employees started work.

Granted, both are working on a limited part-time basis, but getting help for Billie and I will give us the latitude to continue growing the business. Over the past couple of months, it's been clear that there simply aren't enough hours in a week to get done all we need to get done, especially if we want to grow.

We've hired Brittany Baker and Ethan Thompson, two people with roots in Genesee County.

And I would be remiss if I didn't mention that Dan Crofts, Gretel Kauffman and Jim Nigro continue on as correspondents and we very much appreciate their ongoing contributions.

Brittany Baker, Staff Writer: I first met Brittany more than 18 months ago when she introduced herself outside a restaurant where she worked. She wanted to write for The Batavian. We brought her on as a correspondent and both Billie and I were impressed with her work ethic and commitment to journalism.

We were exceptionally sorry a couple of months later to see her depart to the Batavia Daily News as a full-time staff writer, but wished her well. In December, I learned Brittany's position at the Daily was eliminated and since I knew I would be creating at least one part-time position in 2011, I immediately contacted her. Billie and I are quite proud that Brittany agreed to rejoin us.

Brittany is 24, born and raised in Genesee County and holds a bachelor's degree in broadcasting from Brockport and an associate's degree from GCC in communications and media arts. Her interests include video games, painting, photography and, of course, writing and reading. She's previously worked for, besides the Daily News, Terry Hills, Hot Shots, Delavan's, Bob Evans and has done some modeling.

She currently resides in Batavia.

Initially, Brittany will work four days per month, with an emphasis on covering the Town of Batavia. We'll add more work days as our revenue grows.

Ethan Thompson, Advertising Support: Ethan is another person who approached me in the early days of The Batavian with an interest in working for us. You may recognize his name. He has covered some football for us and done a couple of other video projects.

Ethan impressed me early on with his ambition and hard work, and when he applied for our advertising support position, I knew I at least had to talk with him about the job. We're very happy he decided to join our staff.

Ethan, 16, lives with his parents in Oakfield and is home-schooled -- he graduates this year. He runs his own media company, Just Passing Thru Productions and works with Ride to Recovery. 

Besides strong video production skills, Ethan can build Web sites in Word Press, knows his way around PhotoShop and other computer programs we use on the advertising side of the business.

One of the tasks I've been having a hard time keeping up with recently is "Deal of the Day," so Ethan's initial duties will be handling all of those responsibilities -- working four mornings a week to post the deals and send out the gift certificates. This should improve the entire process.

Ethan will take on additional responsibilities over the course of the year, all aimed at helping us serve local businesses better and generate more revenue so we can better serve both readers and advertisers.

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