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Howard B. Owens's blog

Sunday, August 24, 2014 at 1:47 pm

Photos: Relay for Life at Van Detta Stadium

post by Howard B. Owens in batavia, American Cancer Society, relay for life

Photographer Amanda Earl attended the Relay for Life at Van Detta Stadium on Saturday. The annual event is a fundraiser for the American Cancer Society and brings together the families of those who have lost loved ones to cancer as well as cancer survivors.

Nicole Voltura has survived nine cancer surgeries and was the "Survivor of Honor" for the event. Her initial diagnosis was in 2011. It was chondroma sarcoma, stage one. She is now fighting a rare autoimmune disease that is caused by her past medical situations. It's terminal. She is a mom, and credits her husband for pulling their family through, keeping the kids strong, and being her constant caregiver.

Different colored beads were handed out at the completion of each lap around the track. Each color represents a different type of cancer.

These signs, signed my local people, will be used in Washington, D.C., at a rally to raise funds and awareness for cancer research.

Sunday, August 24, 2014 at 1:16 pm

Sheriff's Office reports 19 arrests at Zac Brown concert

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Saturday:

Andrew R. Witzel, 18, of Rochester Road, Lakeville, is charged with criminal trespass and trespass after allegedly reentering the concert venue after being ejected and told not to return both times. Witzel was arraigned in Darien Town Court and remanded to jail in lieu of $1,500 bail. 

Bart M. Bartlett, 29, of East 2nd Street, Jamestown, is charged with criminal trespass, 3rd, after allegedly entering the VIP area of the concert venue after being ejected and told not to return.  Bartlett was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Alexandra H. Mitchell, 20, of Lamont Avenue, Niagara Falls, Ontario, Canada, is charged with trespass, harassment, 2nd, and resisting arrest after allegedly entering the Employee Road Exit after being told several times not to enter the area. Mitchell also allegedly pushed a deputy and then resisted arrest.

Nicholas A. Cummings, 18, of Lori Lane, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Joseph P. Fedele, 20, of Harvest Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Taylor J. Greean, 19, of Holley Byron Road, Holley, is charged with criminal possession of a weapon, 4th, after allegedly being found in possession of brass knuckles.

Jacob S. Vail, 24, of Nicole Lane, Angola, is charged with criminal trespass, 3rd, after allegedly jumping a fence into the concert venue.

Joshua A. Kuminski, 25, of Briarcliff Road, Cheektowaga, is charged with harassment, 2nd, and disorderly conduct after allegedly punching a PAC security officer in the face after being asked to leave the venue and then fighting with PAC security while being ejected.

Daniel M. Regan, 22, of Greenwood Place, Buffalo, is charged with harassment, 2nd, after allegedly slapping a PAC security officer in the face.

William Dormann Jr., 32, of Bennett Road, Cheektowaga, is charged with harassment, 2nd, after allegedly punching and twisting the hand of a Darien Lake security officer.

Gary R. McTarnaghan, 27, of Route 408, Nunda, is charged with disorderly conduct after allegedly participating in a large fight in the lawn area of the concert venue.

Joseph S. Tonque, 30, of Main Street, Corning, is charged with disorderly conduct after allegedly fighting with PAC security.

John P. Mahoney, 44, of Seib Road, Girard, Pa., is charged with trespass after allegedly reentering the concert venue without a ticket.

Braydon B. Wolfe, 25, of Victor Lane, Hamlin, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Brian D. Adams, 24, of Robbins Nest Court, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Bradley T. Willis, 24, of Allens Hill Road, Honeoye, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Christopher P. Colby II, 35, of Linwood Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Margaret M. Hout, 54, of Griffon Avenue, Niagara Falls, is charged with three counts of harassment, 2nd, after allegedly punching a patron in the face, striking two other patrons in the face and pulling one's hair. 

Brittany E. Hout, 24, of Griffon Avenue, Niagara Falls, is charged with harassment, 2nd, after allegedly pulling another patron's hair and pulling her to the ground.

Sunday, August 24, 2014 at 12:47 pm

Phil Vassar: Happy to be back at Frost Ridge to play music and have fun with friends

post by Howard B. Owens in entertainment, Frost Ridge, Le Roy, music, Phil Vassar

He said it last year. Frost Ridge is a special place. Phil Vassar, a singer-songwriter with more than 10 Top 10 hits to his credit, said it again this year.

"It's very homey," Vassar said in an interview before his show Saturday night. "Everybody is so nice. You're just hanging out. We talk, even during the year, we look forward to seeing you guys come back, we talk and text each other. So it's fun. You get to hang out with your friends and play music.  There's nothing better than that. It's not like going to some venue where you just go in. It's got real character and real people. I love it."

Vassar loves it so much, he asked to come back this year.

Just a month ago, it didn't seem like Vassar's show this year would even be possible. Frost Ridge was locked down as a live music venue by a court order stemming from lawsuits filed by the Town of Le Roy and a pair of neighboring property owners.

As the lawsuits wind through the hearing process, taking longer than expected, Judge Robert C. Noonan lifted his ban on live music for a show last week and Saturday's Vassar concert.

The suits allege live music isn't allowed at the campground -- and even question the legality of the campsites themselves, while owners Greg and David Luetticke-Archbell and their lawyer contend that all of the current activities are grandfathered in, or are "prior, nonconforming uses."

Vassar takes a pretty straightforward view for the lawsuits, calling the controversy, "very silly."

"You have a lot of people who really want something and just a small number of people who don't," Vassar said. "I don't know about government, but it seems like to me it's by the people, for the people, all right. It's pretty simple. It seems like if you've got a majority who want something and it's a great thing. I don't understand it.  

"It's not like it's an every night deal," Vassar added. "It's a real special place. It's a special place to play music. You just kind of hope that everybody just kind of lets it go and has some fun. You know, people are stiff. I hate it. I hate it. I'm over it. People just need to get a life."

Through three sets of music -- the Kentucky Moonshiners, the Morgan Twins and Vassar -- several hundred music fans did have a life. And it was a party, especially with Vassar on stage making sure everybody had a good time.

The Morgan Twins are from Rochester and have appeared on such shows as The Voice and American Idol.

While Vassar was still on stage performing, a check of the sound level at Oatka Trail and Conlon Road, near the homes of plaintiffs -- the Cleere and Collins families -- found that once again, the crickets were louder than the music.

The next scheduled show at The Ridge, if it's allowed to proceed, is the Marshall Tucker Band, Sept. 6.

A fan brought in a homemade cake during the meet and greet with VIP patrons before the show.

Bottom photo: by Peggy Barringer. David, in red, and Greg, joined Vasar, along with the Morgan Twins, on stage for the show's final number, a sing-along of "Piano Man."

Saturday, August 23, 2014 at 3:56 pm

Photos: Elba Pig Roast 2014

post by Howard B. Owens in elba

The Elba Betterment Committee is hosting a pig roast in the village park today. The event goes until 8 p.m.

Saturday, August 23, 2014 at 3:45 pm

Photo: Refuse 2 Lose Martial Arts hosts chicken BBQ dinner sale

post by Howard B. Owens in batavia, Refuse 2 Lose Martial Arts

Instructors, parents and students of Refuse 2 Lose Martial Arts on Liberty Street hosted a BBQ chicken dinner sale today along with a basket raffle.

Saturday, August 23, 2014 at 10:36 am

Photos: Goo Goo Dolls perform at Darien Lake

Photographer Amanda Earl attended last night's Goo Goo Dolls concert at Darien Lake Performing Arts Center. Here are four of her shots from the show.

Saturday, August 23, 2014 at 10:22 am

Man already charged with criminal sexual act accused of raping another woman

post by Howard B. Owens in crime, Le Roy
Michael Stack

A Le Roy resident already facing a felony charge for allegedly forcing a sexual act on a woman who was physically helpless has been arrested on a rape charge involving another woman.

Michael J. Stack Jr., 37, of 7450 Randall Road, was arrested by Le Roy PD and charged with first-degree rape.

Stack was arrested July 23 and charged with criminal sexual act, 1st, for allegedly having oral sex with a victim by forcible compulsion while the woman was physically helpless.

After the investigation into that allegation, another woman came forward and said she was raped.

Stack was jailed on new charge on $10,000 bail.

Saturday, August 23, 2014 at 10:11 am

Four arrested at Goo Goo Dolls concert

The following people were arrested by the Genesee County Sheriff's Office during the Goo Goo Dolls concert at Darien Lake Performing Arts Center on Friday.

Brianna R. Pagliacci, 18, of Byron Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Robert M. Seiler, 19, of West Gate Road, Kenmore, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Trent R. Stinson, 19, of Trevett Road, Springville, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Gary T. Davies, 22, of Bunting Road, Orchard Park, is charged with criminal trespass, 3rd, after allegedly entering the food distribution building designated for employees only after being ejected from the concert venue. Davies was jailed on $500 bail.

Two people were issued citations for allegedly possessing a fictitious driver's license:

Christopher J. Schiappa, 19, of Hearthstone Drive, East Amherst;
Jay M. Forman, 19, of James Street, Fairport.

Saturday, August 23, 2014 at 9:46 am

Two drivers in East Pembroke ATV crash facing DWI charges

post by Howard B. Owens in corfu, east pembroke, East Pembroke Fire, pembroke

The two drivers reportedly involved in an ATV crash Sunday night have both been arrested and charged with driving while intoxicated.

Charles R. Chatley, 26, of 2392 Kilian Road, Corfu, was also charged with unlawful operation of an ATV on a public highway.

Stephen R. Smelski, 35, of West Main Street, Batavia, is also charged with unlawful operation of an ATV on a public highway and leaving the scene of a personal injury accident.

Witnesses say Smelski was the most seriously injured of the four people involved in the accident and he's the one victim still hospitalized, though he's listed in good condition at ECMC.

An East Pembroke Fire Department 1st assistant chief and Genesee County emergency dispatcher, Smelski was reportedly taken by private vehicle to UMMC following the accident and later transported to ECMC.

The accident was reported at 11:09 p.m. Sunday in the area of 2069 E. Main St., East Pembroke.

Also injured were passengers Kristina Rumble, 26, and Brenda Smelski, 37.

Brenda Smelski was treated and released at ECMC, as was Chatley.  Rumble, who was transported to ECMC by Mercy Flight, was released from the hospital two days ago.

Chatley is a 2nd assistant chief with East Pembroke.

The accident occurred the same date as the annual East Pembroke Mud Races, hosted by the fire department, but the accident was hours after the event ended and at least a mile from the mud pits. 

The accident was investigated by deputies Jason Saile and James Diehl and Sgt. Eric Seppala.

Saturday, August 23, 2014 at 8:00 am

Muckdogs drop game to Scrappers, 2-1

post by Howard B. Owens in baseball, batavia, muckdogs, sports

Silent Muckdogs bats Friday night meant strong performances by Muckdogs pitchers went to waste and Batavia dropped the contest against Mahoning Valley, 2-1.

Starter Ben Holmes and reliever Jacob Smigelski carried a 1-0 shutout into the 7th inning, but Smigelski let the lead slip away and Josh Hodges gave up the deciding run in the ninth.

It was a disappointing loss on a night when 1,532 fans turned out on a night billed as an attempt to break the all-time Batavia attendance record by drawing 3,001 patrons.

Obviously, that didn't happen.

Those who did show up got to see a hard-throwing Holmes, a ninth-round draft choice out of the University of Oregon, strike out seven and scatter three hits over four frames.

Hodges took the loss and his record moves to 1-5 (with six saves) despite a respectable 3.06 ERA.

Catcher Brad Haynal, who returned to the team last night after a 13-game stint with Class A Greensboro, had two hits. Center Fielder Josh Norwood also had two hits.

The same two teams go at it again tonight at Dwyer. Game time, 7:05.

Friday, August 22, 2014 at 6:26 pm

Photos: Penny Carnival in Austin Park

Games, prizes and treats, along with information on safety and health, were all part of the Penny Carnival sponsored by Community Action of Orleans and Genesee today in Austin Park.

 

Friday, August 22, 2014 at 5:25 pm

BPD announces results of neighborhood enforcement detail

post by Howard B. Owens in batavia, crime

Press release:

On August 20th the City of Batavia Police Department joined by the Genesee County Drug Task Force (comprised of personnel from Batavia PD, LeRoy PD and the Genesee County Sheriff’s Office), Genesee County Sheriff’s Office and K9 unit and New York State Parole participated in the third neighborhood enforcement detail this summer. The purpose of these details is a systematic approach of known problem areas within the City and to target criminal activity.

In total, 11 law enforcement personnel from four different agencies were partnered in a focused enforcement detail in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Washington Avenue, Jackson Street, Liberty Street, Swan Street, Sumner Avenue, Central Avenue, Pringle Avenue, Watson Street and Maple Street The following are results of this year’s third detail:

• 80 data runs
• 31 vehicle/traffic stops
• 10 traffic tickets issued
• 1 Penal Law Arrest
        -- Munroe, Isaiah J.A., age 24, unlawful possession of marijuana
• 13 parole checks
• 4 parole violations

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons.

All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.

Friday, August 22, 2014 at 3:47 pm

Former nurse from Bergen given probation following second conviction on grand larceny

post by Howard B. Owens in bergen, crime

None of it is her fault, former Bergen resident Michele Ann Case told Judge Robert C. Noonan in County Court today during a sentencing on her second grand larceny conviction.

In fact, managers at HomeCare & Hospice, the former employer Case was convicted of stealing from while working as a nurse, concocted the whole scheme against her in order to steal insurance money, she said.

"How could hospice make such a colossal mistake (claiming she broke reimbursement rules)?" Case read from a three-and-a-half page written statement. "Simple, it was no mistake. These rules were new, and used retroactively to make my legitimate paid time into unpaid time in an attempt by hospice to claim I stole from them and in effect steal themselves. They then fraudulently submitted their so called losses to insurance and filed a false report to the police."

Noonan didn't buy any of it.

"I do have a feeling that you see everything through your own little prism of view and that's how you look at it," Noonan said. "You took a nursing job that didn't pan out because other nurses are paid more elsewhere. The detective didn't look at this or look at that ... at some point, you should sit back and look at this the way 24 separate jurors have now looked at it and concluded that you didn't just make mistakes. You stole money."

According to evidence presented at both trials, Case stole more than $14,000 by filing doctored time cards and incorrect mileage logs.

Case's first conviction, in 2012, was overturned on appeal, with the higher court finding that summary sheets tallying the amount of money Case stole was not properly supported by documentation.

In July, Case was convicted a second time by a new jury of grand larceny in the third degree.

District Attorney Lawrence Friedman argued today that rather than re-imposing the five-year probation sentence Case got the first time around, she should be sent to prison.

"She still views herself as a victim in this case and absolutely continues to deny any responsibility," said Friedman in a statement prior to Case getting up to speak. "Your honor, it is our position that she is not an appropriate candidate for probation and that she should receive a sentence of incarceration."

And by incarceration, Friedman meant state prison, stating that local jail time would mean no period of parole after serving her time, making it harder for the county to collect restitution from her. Also, only a state prison term would expose her to programs that might benefit her rehabilitation.

To a degree, Noonan said he agreed with Friedman's position, however, he never discussed a state prison option. He spent more time weighing the differences between a sentence of probation and time in the county jail.

A harsher sentence than the first one, Noonan said, could be perceived as retribution for appealing her prior conviction and winning a new trial; however, Case's violation of probation, failure to make any restitution payments after her first conviction, suggests she's not a good candidate for probation.

Also, having sat through two trials and hearing the evidence twice, Noonan said the mere fact that Case continues to deny any wrongdoing could be a foundation for a harsher sentence.

Noonan, however, doesn't consider Case a threat to return to a life of crime.

He imposed five years probation, and with credit for time served, she is not likely to serve any more jail time if she complies with the terms of probation.

Case now lives in Erie County. Her oldest child is a freshman at a local university and her youngest is a freshman in high school. Her attorney said she has returned to factory work (what she did prior to becoming a nurse) at minimum wage (she said she earned $60,000 annually as a nurse).

Noonan noted that early on in this case, she was offered a disposition that would have allowed her to keep her nursing license, but she rejected it.

Friday, August 22, 2014 at 10:33 am

Iroquois Job Corps students building new bathrooms at DeWitt

post by Howard B. Owens in batavia, DeWitt Recreation Area, Iroquois Job Corps

Under supervision of instructor Marty Bryant, students in the Iroquois Job Corps program are setting brick for new bathrooms near Pavilion #1 at the DeWitt Recreation Area.

The foundation was poured by students a few weeks ago and once the students in the masonry program complete the brick walls, carpentry students will frame the doors and install the roof.

The 20-week course helps provide students with a trade that will lead to eventual employment, Bryant said. 

"Something like this is good for everybody," he said.

Real-world projects such as this, which can only be nonprofit for the Job Corps to take on, are hard to come by, Bryant said, but they're invaluable.  

Genesee County Parks Supervisor Paul Osborn said the project is part of the overall master plan for DeWitt and is funded through a capital project budget item approved by the county Legislature in 2013. 

County staff will install electric, water and sewer.

Students on site yesterday were Kyle Porter, from Brooklyn, William Ortiz, Camden, N.J., Michel'le Blue, Utica, Richard Orogeroy, New York, and Frank Hatchet, Williamsborough, N.J.

Friday, August 22, 2014 at 10:12 am

Two arrests reported at Linkin Park concert at Darien Lake

post by Howard B. Owens in crime, Darien, darien lake performing arts center

The following people were arrested during the Linkin Park concert at Darien Lake Performing Arts Center on Thursday.

Joseph T. Roth, 19, of North Marion Street, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Dalton T. Carroll, 19, of Wheatfield Street, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Friday, August 22, 2014 at 9:55 am

Law and Order: Felony DWI arrest at Darien Lake

post by Howard B. Owens in batavia, crime, Darien

Nancy Jo Sabourin, 54, of Henderson Avenue, Tonawanda, is charged with felony DWI (two previous convictions within 10 years) and felony driving with a BAC of .18 or greater. Sabourin was stopped at 10:24 p.m. Thursday in the Darien Lake driveway by Deputy Joseph Corona.

Sherika Kendra Dixon, 21, of Franklyn Avenue, Kingston, Jamaica, is charged with petit larceny. Dixon is accused of shoplifting from Kmart.

Thursday, August 21, 2014 at 3:13 pm

Taking the afternoon off

post by Howard B. Owens in thebatavian

Billie and I are celebrating our 21st anniversary today. We'll be away from computers and scanners for a few hours.

We're going to see Nik Wallenda at Darien Lake -- a show I highly recommend (pictures here). We're also going out to dinner.

I've asked a couple of people who would be in a position to know to text me if anything big comes up, but hopefully everything will be nice and quiet for the rest of the day.

Thursday, August 21, 2014 at 3:03 pm

Hearing on motions in Frost Ridge case will determine fate of lawsuits, and campground

post by Howard B. Owens in business, Frost Ridge, Le Roy

Two witnesses in a hearing related to the Frost Ridge lawsuits testified today that a key document was filed with the Town of Le Roy months before an April 8 statute of limitations date that is part of the dispute over live music at the campground.

It's all more complicated than even that convoluted sentence, however.

The hearing wasn't even completed today. Judge Robert C. Noonan was scheduled to hear a case in Rochester at 2 p.m. and with at least one more witness scheduled to be called, continued the hearing to 10:15 a.m., Tuesday.

Before adjourning, Noonan continued the stay of his temporary restraining order barring live music at Frost Ridge, which means that the Phil Vassar concert scheduled for Saturday will go on as planned.

The concert is a fundraiser for the Golisano Children's Hospital.

Vassar has said Frost Ridge is one of his favorite places to play and asked to be included in this season's line-up.

The hearing was limited to two motions under consideration by Noonan: 

  • Whether the statute of limitations for challenging a ZBA determination that nonconforming uses at Frost Ridge, contrary to current zoning law, were "grandfathered in," and,
  • Whether there is what is known as a "jurisdictional defect" in the ZBA's determination.

The key document relevant to the statute of limitations motions is the Zoning Board of Appeals minutes from its Sept. 25, 2013 meeting.

At dispute is whether the minutes were filed with the town before April 8. 

If the minutes were filed before April 8, that would mean one of both lawsuits were filed after the statutory period for challenging a zoning board's determinations.

But, did the ZBA under the circumstances of Sept. 25 have the authority to make that determination, which is something the attorney for the Cleere/Collins side of the suit is challenging.

Noonan's eventual ruling on these motions could either allow one or both lawsuits against Frost Ridge to go forward, and perhaps to trial, or determine whether one or both will be dismissed. 

Frost Ridge and the campground's owners Greg and David Luetticke-Archbell are being sued by the Town of Le Roy and Frost Ridge neighbors, the families of Cleere and Collins (who are related to the original Frost Ridge owners). Cleere/Collins is also suing the ZBA.

First to testify was Town Clerk Patricia Canfield.

There is much about when the minutes were first publicly available that Canfield can't remember.

She testified that as standard and permissible procedure, the ZBA minutes are kept in a file in the office of Jeff Steinbrenner, zoning and code enforcement officer for the Town of Le Roy.

She couldn't recall with certainty when she first had reason to retrieve the Sept. 25 minutes from the file, but said they were requested more than once through various Freedom of Information Requests, including requests by Marny Cleere.

Canfield said Cleere filed more than five FOIL requests, but not more than 10, and she couldn't remember if the one requesting ZBA minutes came in 2013 or 2014.

She couldn't remember if any of the other FOIL requests for the minutes came in 2013.

Under questioning from Noonan, Canfield said most FOIL requests are written, though she accepts verbal requests. Written requests are kept on file, she said, but there was no indication that any written FOIL requests were in court today.

As for the ZBA hearing itself, Canfield testified that if there was a public notice published of a meeting to discuss Frost Ridge's non-conforming use, she would have known about it, and she said she was unaware of any such publication.

David Roach, the Frost Ridge attorney, also called Steinbrenner as an "adverse witness."

Steinbrenner was also questioned by attorney Karl Essler, representing the ZBA.

Under questioning from Essler, Steinbrenner said that once the minutes from a meeting were approved at a subsequent meeting, he would place those minutes in his file.

He agreed that the Sept. 25 minutes were approved by the ZBA board at its Oct. 22 meeting and that he probably filed the minutes that night or the next morning.

As for the meaning of the minutes, Steinbrenner danced around the issue, often skirting direct questions.

He said he didn't recall live music being discussed as a prior nonconforming use at the Sept. 25 meeting.

Roach and Steinbrenner wrangled over the course of several questions whether an e-mail Steinbrenner sent to Frost Ridge in August 2013 was meant to put them on notice that a long list of alleged zoning violations included live music.

Mindy Zoghlin, attorney for Cleere Collins, when cross-examining Steinbrenner, read off a list of alleged zoning violations related to roadways and the placement and setbacks of campsites. 

While never explicitly stated, the clear implication of the line of questioning is an attempt by the plaintiff's side to establish that the ZBA ruling, if valid, was limited to land use issues and the ZBA didn't at all consider, nor was it asked to consider, whether live music is grandfathered in.

"When we first started with Frost Ridge about this, we saw two aspects to it," Steinbrenner said. "There was a need for special use permit for the campsites and one for concerts. At the time, we decided to go after the campground sites at Frost Ridge and the go after the concerts once they were up to compliance and in code."

Steinbrenner's August e-mail twice uses the word "etc." when referring to the alleged zoning violations.

When Roach would ask in various ways whether "etc." includes live music, Steinbrenner repeatedly deflected the question by staying he was merely forwarding what Town Supervisor Steve Barbeau had said was discussed at a prior town board meeting (which Steinbrenner didn't attend).

Under questioning from Roach, Steinbrenner admitted that he had verbally told David and Greg that live music shows were a possible zoning violation.

The third and final person to testify today was Debra Jackett, chairwoman of the ZBA.

Jackett testified that the board approved its minutes from the Sept. 25 meeting at its Oct. 22 meeting and that Steinbrenner received a copy of the minutes at that time, and she considered them filed with the town at that time.

Zoghlin asked several questions related to public notification of hearings and filing of notices and Jackett answered each time that it wasn't the board's job to deal with notices and outside communications.

"Our only job is to show up at meetings and make decisions," she said.

Over the repeated objections of Roach (each overruled by Noonan), Zoghlin kept asking about what happened at a ZBA meeting in 1998. 

Jackett was a member of the board in 1998, when the ZBA issued a determination that Frost Ridge was grandfathered in as a campground, even though it was an agriculture/residential area.

The meeting was 16 years ago, Jackett said, and she couldn't remember specifics about the meeting, but Zoghlin persisted.

"If you're going to ask me what I said 16 years ago, I'm going to tell you, I don't recall," Jackett said at one point.

Roach objected to the line of questioning because it's his contention that what happened at the meeting in 1998 isn't material to the plaintiff's motion that the ZBA decision of 2013 suffers from a "jurisdictional defect."

Another ZBA board member is expected to testify Tuesday. Noonan's ruling on the motions will come some time later.

Thursday, August 21, 2014 at 8:48 am

Law and Order: Woman accused of using another person's ID when arrested at Darien Lake

post by Howard B. Owens in byron, crime, Darien, Le Roy

Laura Anne Costa, 20, of Jewett Parkway, Buffalo, is charged with criminal impersonation, 2nd, and criminal possession of stolen property, 5th. Costa allegedly used another person's lost NYS driver's license as identification while being arrested on a trespass charged during a concert at Darien Lake on Aug. 16. The other person was subsequently identified in a news release as a person arrested at the concert, leading to the discovery of the alleged criminal impersonation.

Kodey R. Mills, 21, of Myrtle Street, Le Roy, is charged with unlawful possession of marijuana. Mills was stopped by Le Roy PD on Monday and allegedly found in possession of marijuana.

Robert Holland Cokely, 26, of Merrill Road, Byron, is charged with DWI, refusal to take breath test, speeding, driving left of pavement markings and no/inadequate plate lamp. Cokely was stopped at 11:32 p.m. Wednesday on East Main Street, Byron, by Deputy Joseph Corona.

Scott R. Booth Jr., 23, of Attica, is charged with petit larceny. Booth is accused of shoplifting from Walmart.

Andrea Baccas, 19, and Nellisia Pryce, 20, both of Jamaica, are charged with petit larceny. Baccas and Pryce are accused of shoplifting from Walmart. Both were jailed on $250 cash bail or $500 bond each.

Rebecca J. Cornell, 39, of Sand Hill Road, Caledonia, is charged with petit larceny. Cornell is accused of stealing clothing items from a store in the Village of Le Roy. Surveillance video was used to identify the suspect vehicle and the suspect and make an arrest.

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