A small car has reportedly struck a parked tractor-trailer in the area of 76 North St.,  Le Roy.

Le Roy fire and ambulance dispatched.

UPDATE 9:32 p.m.: A second ambulance requested to the scene.

UPDATE 10:06 p.m.: Caledonia ambulance transporting a patient. Le Roy fire on scene until car is towed.

UPDATE 10:23 p.m.: Le Roy back in service. Road reopened.

City of Batavia firefighters got to get a hands-on experience for the first time today with their new fire engine, to be known as Engine 11.

Representatives from Rosenbauer, the company that built the engine, were on hand for the orientation.

Firefighters were able to try out all of the controls -- from the spray canon to the foam nozzle -- to familiarize themselves with the operations of the engine.

Two platoons went through the orientation today and two more will get their chance to check out the new apparatus on Thursday.

Chief Jim Maxwell said he expects Engine 11 to go in service on Sept. 10.

Purchase of the $342,000 fire truck was approved by the city council in April using funds specifically set aside for the fire department.

Engine 11 replaces Engine 14, which was retired due to escalating repair costs to keep it up to standards.

Batavia Fire Department has responded to 104 Jackson St., lower, for a possible oven fire.

The apartment is full of smoke.

The resident states he just moved in and it's the first time he used the stove.

UPDATE 7:33 p.m.: Burnt food. City fire ventilating the apartment.

UPDATE 7:45 p.m.: The food is out of the stove, the stove is out of the house and City fire is back in service.

After more than two years of studies, mapping, approvals, controversy, lawsuits, finger-wagging and name-calling, the senior housing plan in the Village of Le Roy called "Robbins Nest" is a hornet's nest that shows scant signs of abating.

Some villagers view the proposal to build 26 homes on 13.1 acres east of Robbins Road and south of Filmore Street as progress -- an opportunity to provide quality housing for adults 55 and over, and increase the tax base to bolster public services instead of continuing to cut them.

Others argue it would destroy the neighborhood, flora and fauna while providing no guarantee that it won't become a burden for taxpayers or that the single-story homes -- expected to go for $130,000 to $160,000 -- will even sell.

At an informal discussion at last week's village board meeting, opponents and proponents tepidly agreed that bringing in a neutral mediator would be worthwhile. And village officials acknowleged that looking into how similar developments in other places have panned out would also be a good idea.

"My trust is at an all-time low -- we need an impartial view," said resident David Boyce, who characterized the whole thing as "a debacle."

It's clear that more give and take will be required on both sides to quell the imbroglio.

"There is a compromise," Robbins Road resident Laura Robinson said. "There IS going to be development. ... There is a middle ground here and we have an obligation to find it."

About 35 to 40 people were on hand Wednesday to hear the exasperated developer -- lifelong Le Royan Pete McQuillen who also lives on Robbins Road -- say he wants closure on a planning process that has become "a blunder on many levels."

His options include:

1) Holding onto the property and do nothing;

2) Scraping the plans he's already spent thousands of dollars and a couple of years on, and develop it under the current single-family residential zoning (R-1);

3) Selling to another developer;

4) Proceeding with current plans and/or become further mired in a legal battle;

5) Trying to find a solution most residents can buy into, which would almost certainly be easier said than done.

Safe to say everyone who's been caught up in the acrimonious drama would also like to move on.

Yet the end is not near.

Boyce and Le Roy Town Supervisor Stephen Barbeau have filed two lawsuits against McQuillen, the village and the town planning board. The town and its planning board approved the project but soon after Barbeau was elected he sued them over it.

Some approval procedures were deemed not in compliance with state law, forcing McQuillen to restart the process he began in early 2010. More approvals, including that of the final plan, are needed before construction would be possible.

"The county is laughing at us in Le Roy -- this is a joke," McQuillen said.

Supervisor Barbeau would normally have oversight of expenditures related to a lawsuit and consult with the attorney. But because he's a plaintiff, outside counsel needed to be hired and the funds to do that come out of the budget Barbeau helps write and approve.

Boyce, president and CEO of Tompkins Insurance Agencies, is not happy that his property is contiguous with the Robbins Nest site. If built, it would destroy his view, the character of the neighborhood and much of its natural habitat.

(Tompkins Insurance, like the Bank of Castile, is a subsidiary of Tompkins Financial Corp.)

The point was made that a property owner's aesthetic rights are only protected up to 35 feet from the property line. So if someone ripped out trees and put up a big garage at that juncture, it would have a similar effect on the view as would a 1,600-square-foot house (or houses).

In other words, there should be no expectation that the trees Boyce recalled romping through as a child behind his house will always remain, Trustee Jennifer Keys said.

Then there's the issue of density.

"It's like putting a whale in a sardine can," quipped a woman at the meeting.

But it's less about the merits of the project, Boyce said -- despite his statements about habitat destruction and devaluing his property -- it boils down to zoning.

Boyce contends the plan doesn't comply with the village master plan, although county planners concluded it does. Some at the meeting indicated they might be more amenable to McQuillen's plans if fewer homes were included.

The county planning board voted to recommend changing zoning from R1 (single-family residential), the property's designation since 1966, to PUD (planned unit development). PUD zoning allows a developer to build without having to ask for a lot of variances.

The village board has not yet made a decision and can't, in fact, until the environmental review process is finished.

A PUD zone, sometimes referred to as "spot zoning," would be needed to build a condensed development with more houses on less land than would otherwise be allowable. It also would permit the creation of a homeowners' association (to pay for outdoor maintenance), walking trails, and let the developer retain ownership of the land but not the houses.

But it requires a "super majority" to approve, which brings up another sticky wicket. Four out of five "yes" votes would be required for a quorum.

Mayor Greg Rogers and trustees Keys and Jim Bonaquisti are in favor of approving a zoning change. But two trustees -- Bob Taylor and Mike Tucci -- have abstained from voting on issues related to Robbins Nest, citing conflict of interest.

The village attorney said the men's decision to abstain is personal choice, not something they are legally obligated to do in this case, even though Tucci is an employee of Tompkins Insurance and therefore an employee of Boyce. That's why Tucci is gun-shy of voting on Robbins Nest. And supervisor and litigant Barbeau is Taylor's nephew, so Taylor doesn't feel comfortable voting on it either.

Big stalemate.

"I can take a yes vote or a no vote, but an abstention in my mind is unpatriotic," McQuillen said. "Take your bat and ball and go home -- don't stick your head in the sand."

Another point that was brought up is whether this sort of development is appropriate for the area.

Wilson Street resident Beth Bartz peppered village trustees with questions at the Aug. 22 meeting.

"Have you done your homework?" Bartz asked. "Have you researched other communities that have these kinds of developments? What if they can't fund a homeowners' association right away?

"Are you going to need a bond measure (to bridge the gap)? Are there enough people in Le Roy who can afford a $150,000 home, plus the high taxes in Le Roy, and the homeowners' association fees? What if the homes don't sell?"

Trustees indicated the questions were valid and worth looking into.

McQuillen says everyone he's spoken to in the community "to a man" is in favor of what he's trying to accomplish and they are supportive. The aging population, himself included, likes the idea of selling their big homes to their children and moving into a ranch-style place where they won't have to rake leaves and shovel snow.

"I think we need this," resident Pete Weaver said. "This is not a low-rent operation."

At the end of the day, something WILL be built.

"I hold the cards on what's going to happen next," McQuillen said. "I didn't buy the property to sit on it."

The signs say "Re-Elect John Gerace, Town Board," but it's not that simple.

Gerace is not the incumbent in Batavia.

Chad Zambito is. He was appointed earlier this month to the seat vacated by Gerace in the spring.

Gerace has been trying to get the seat back ever since his letter of resignation, which he says was written in a "knee-jerk reaction," was accepted by Supervisor Greg Post.

As for Zambito, he's not overly concerned about Gerace posting "re-elect" signs.

"I don't think he's necessarily trying to confuse the issue," Zambito said. "I just think they're from a prior election."

Gerace said he figures he can run for reelection because he's been elected before.

Of course, so has Zambito.

Both were first elected to the town board in 2003, and then Zambito resigned in 2007 when he became VP of marketing for Genesse County Economic Development Center, causing a possible conflict of interest.

Now they face each other in a GOP primary Sept. 13 that is the result of Gerace's resignation in April.

At the time, Gerace wouldn't discuss his resignation. Now he acknowledges it was spurred by events at the awards and installation dinner for the Town of Batavia Volunteer Fire Department.

Gerace was intoxicated at the event and was observed being loud and boisterous.

What happened later in the evening isn't clear, but Gerace said that contrary to various rumors, he was not involved in a physical altercation with Supervisor  Post.

He said he and Post had words outside of the fire hall about his behavior, and some people followed them out to see what was going on, but that was it.

"I held myself up to a higher standard than most people being an elected representative," Gerace said. "(My resignation) was a knee-jerk reaction. The next day I spoke with the supervisor about it and he asked me what I should do and I said I would fire myself. It was a knee-jerk reaction."

Even though he acknowledges that he wrote a letter of resignation, it was never intended to go through or be made public.

It was supposed to be held in abeyance until and unless he had any similar problems in the future.

Once word got out about the letter, however, Gerace said, Post had no choice but to accept it.

Gerace said he also went to the next board meeting for the fire department and personally apologized to every member for his behavior at their event.

Earlier this month, Zambito, who was endorsed by the town GOP as Gerace's replacement, was selected by the town board to complete Gerace's term.

Gerace believes the process for selecting Zambito violated parliamentary procedures under Roberts Rules of Order. But Zambito said the town's attorney looked into it and the process was fine.

Besides the fire department event and resignation, the other issue that may dog Gerace in the primary is a question about unpaid taxes.

In June, NYS Taxation and Finance issued a tax warrant against Gerace $571.26.

When asked about it, Gerace said, "I know what that's about. It's taken care of."

The Batavian learned of the tax warrant after an unknown person attached a copy of it to our office door.

Even with all these issues, Gerace said he's confident he's the right man for the job and that voters should check off his name on their ballots.

"I have a proven track record serving the Town of Batavia," Gerace said. "I'm a lifelong resident of this area. It's very near and dear to me and the issues that effect this area effect myself. I don't vote to approve or disapprove motions for myself. I look at how they effect every member of the community."

Gerace added that he also has a near-perfect attendance record for town meetings over the past decade.

Zambito said he would bring experience and professionalism to the position.

He noted that besides being a previous town board member and serving on the Genesee Chamber of Commerce Board, his three years with GCEDC is just the kind of experience the board needs right now with all the planned and anticipated growth in the town.

A possible serious injury accident is reported in Darien at Route 20 and Harlow Road.

Darien Fire Department and Mercy EMS are being dispatched.

Mercy Flight is available if needed.

UPDATE 10:01 a.m.: Mercy Flight on in-air standby. There may be as many as four people injured. Unknown how many are trapped in vehicles.

UPDATE 10:06 a.m.: First chief on scene reports all occupants out of the vehicle. Only minor injuries. Mercy Flight is cancelled.

UPDATE 11 a.m.: At least one patient being transported to UMMC. Some fire units back in service. Some personnel on scene to help with traffic until vehicles moved.

UPDATE 11:03 a.m.: All units back in service.

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A Wichita, Kan., man who enticed a 14-year-old Batavia girl into sending him naked pictures of herself through text messages was sentenced in Federal Court yesterday to more than 26 years in prison.

Shane M. McClelland, 26, Wichita, Kan., was convicted in a jury trial in May on one count of producing child pornography.

During trial, prosecutors presented evidence that McCelland used the Internet to strike up a relationship with a 14-year-old girl in Batavia.

At McClelland’s request, the girl sent photographs of herself naked to McClelland. The mother of one of the girl’s friends became aware of what happened and reported it to police.

Det. Todd Crossett and Office Jay Andrews initiated the investigation in Batavia and during the course of the investigation Crossett posed as a 14-year-old girl and communicated with McClelland.

Crossett testified at McClelland's trial in May about the chain of evidence and his exchange of text messages with McClelland.

After McClelland's conviction, Crossett said, "He was definitely a sexual predator. He had a past history of doing this sort of thing and he does it again soon after he gets out of prison. That indicates the kind of person he is."

A 42-year-old Alabama man has been charged with two counts of sex abuse in the first degree for allegedly abusing a child.

The alleged abuse was first reported recently, but the initial allegation goes back to 1999, when the child was of preschool age.

Investigators suspect there were more alleged incidents of abuse in the following years against a single victim, but the initial two counts cover alleged incidents in 1999.

Additional charges are pending against Earl Francis Sprague, a Church Street resident in the Town of Alabama.

The alleged abuse took place at another location in Genesee County.

According to the Sheriff's Office press release the child was "in the care" of Sprague at the time of the alleged abuse.

Sprague was arraigned in Town of Alabama Court and jailed on $50,000 bail.

This small stream meanders though a woodland not far from our home. Here it reflects a bit of sky and the surrounding trees. In the background the stream surface is coated with duck weed.

Further upstream the surface of  the same creek is entirely covered with duck weed...

...much to the enjoyment of this female wood duck.

She is obviously at home in this alge-covered stretch of the stream.

This photo belies the leopard frog's size -- it was actually smaller than my thumb. They were quite plentiful and jumping all over the place. This little guy was willing to sit still for a few moments, allowing me to take his picture.

Another leopard frog, though considerably bigger, provides a demonstration in the art of camouflage.

This heron is in the process of swallowing a meal -- perhaps a fish, or maybe a relative of the leopard frogs.

A pair of Painted turtles soak up the sun.

All four of this turtle's limbs are flailing the air in a desperate bid to escape. As I approached to take its photo it attempted make a hasty exit but failed to get a toehold in order to propel itself into the water. It took some doing but It finally succeeded. Hopefully, next time it will select a larger sunning surface.

This group has the idea -- a large surface which provides easy escape in the event trouble should arise.

The winner of the contest to "Like" Graham Careers on Facebook is Tonette Stone.

Tonette wins a $100 gift card to Alex's Place.

Local business owners: Want to increase the reach of your Facebook business page by sponsoring a Facebook "Like" contest on The Batavian? Call Lisa Ace at 250-4118 for more information.

Daniel E. Plath is indicted by the Genesee County Grand Jury on one count of DWI, a Class E felony, for driving a 2007 GMC pickup truck on Old Creek Road in Alexander on May 12 while allegedly intoxicated. He is also indicted on a second felony count of DWI for allegedly having a BAC of .08 or more. In count three of the indictment, Plath is accused of aggravated unlicensed operation for allegedly driving the truck while intoxicated and without a valid driver's license. His license was invalidated following a DWI conviction in 2007, according to the DA's office.

Gary R. Dean is indicted by the Genesee County Grand Jury on one misdemeanor count of driving while intoxicated on April 24 in Alexander. He allegedly drove a 2007 Chevrolet on state routes 98 and 20 and in a parking lot on Broadway Road while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for allegedly driving without a driver's license while intoxicated. His license was revoked following a DWI conviction in 2001, according to the DA's office.

Press release:

The Genesee County Sheriff’s Office has recently hired Anne M. Bezon to fill the position of Justice for Children Advocacy Center (JFCAC) supervisor; a position that was created after a vacancy that was left by the resignation of a Sr. Community Victim Services counselor at the center.

Bezon brings many years of social work experience to the Justice for Children Advocacy Center. In addition to previously being employed with Catholic Charities as a co-facilitator for both the Domestic Violence for Men Program and Our Kids Parent Education Program, she held the title of social worker III. She was also the assistant director of the Geneseo Summer Recreation Program for the YMCA.

The 2004 high school alumna from Oakfield-Alabama Central School graduated magna cum laude from Gannon University with a bachelor of arts degree in Legal Studies, with minors in Social Work and Pre-law. In addition, she earned a master's degree in Social Work from University of New York College at Buffalo in 2010 and is currently enrolled in the 2012 class of Leadership Genesee.

Sheriff Gary Maha said “Ms. Bezon is a perfect fit for the Justice for Children Advocacy Center Supervisor position. This position requires patience, compassion, sensitivity and social work experience, all of which Anne possesses. She started in this position July 30 and has been doing an excellent job.”

Brandon Charles Smart, 35, of Bank Street, Batavia, is charged with trespass. Smart was arrested on a warrant out of Le Roy Town Court charging him with trespass. The charge stems from a June 13 incident at Buttermilk Falls, off North Road, Le Roy, in which Smart fell to an outcrop of rocks at the falls and had to be rescued. 

Smart is also charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, moving from lane unsafely and unlicensed operation. Smart was reportedly involved in a single-car property damage accident at 1:11 a.m., Saturday, on Knowlesville Road, Alabama.

Nicholas Joseph Pascucciq, 22, of Main Road, Stafford, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Pascucciq turned himself in on a county court bench warrant on charges of criminal possession of a controlled substance, 4th and 5th. After his arrest, the additional charged were issued stemming from an incident in Le Roy on July 14. Pascucciq was held on the warrant.

Walter B. Hale, 34, of Oakfield, is charged with felony DWI and three counts of felony aggravated DWI. Hale was charged under Leandra's Law for allegedly driving while intoxicated with three children in his car. Hale was stopped on Route 63 by State Police. According to troopers, he failed a field sobriety test and blew a BAC of .09. Hale was jailed on $5,000 bail.

There will likely be seven or eight girls volleyball teams in Section V this season with boys playing right along side the girls, setting, digging and maybe even spiking.

One of those boys may play for Batavia High School.

It's a growing trend, said Ed Stores, executive director for Section V.

"Last year a couple of schools had boys on them and this year there may be seven or eight," Stores said. "It's a concern that it's taking off a little bit. Unless the state education department gives us a little more guidance, there could be more."

State athletic rules allow for girls to play boys sports and boys to play girls sports so long as there is "no significant adverse effect," Stores said.

Right now, Section V interprets the rule to mean no girls are cut from the squad to make room for the boy.

If a boy were 6' 4" or 6' 5", that might fall under "no significant adverse effect," Stores said, but the state hasn't given regional athletic directors enough guidance to know for sure.

There is currently no protocol -- because the issue hasn't come up yet -- on what to do if a boy makes a team and just dominates games. Stores said if that happened, Section V officials would review the situation and determine whether there is a "significant adverse impact."

Mike Bromley, athletic director for BHS, said the boy and his father do not want to be part of any media coverage right now. Since the last step for the boy making the team -- final Section V approval -- won't take place, if it does, until tomorrow, Bromley declined to release the student's name (he anticipates approval, however)

The student was required to go through a review process at the school that determined that he would be able to compete without undue advantage, Bromley said.

"It's not automatic for a boy to be on the team," Bromley said. "If we think it disadvantages the female athletics then we have to look at it differently."

The youth won't be the first boy to compete in a girls sport at BHS, Bromley said. Last year a senior was on the girl's gymnastics team, though he didn't compete for points. He just participated in meets.

"He was really good at floor exercises," Bromley said.

The gymnasts participated, Bromley said, just because he enjoyed the sport. He wasn't trying to prepare himself for a gymnastics career in college.

There have been girls over the years who have played boys hockey, wrestling, lacross and one girl, whose ability was so advanced, played boys tennis.

Bromley described the local male volleyball player as somebody who just really enjoys the sport and wants a chance to participate.

It got a lot of attention from BHS students last year when Pittsford Mendon's volleyball team showed up with a boy on the team.

"They had a kid who was a setter who was pretty good," Bromley said. "The kids who went to the game were, 'wow, boys can do that.' I think that got them thinking about it."

Stores said there's something to seeing other boys play volleyball that helps remove the stigma, which helps encourage them to try out for the team.

In the first season after the summer Olympics, there may also be a heightened interest in volleyball among male athletes.

But there isn't enough interest yet, Bromley said, to create a separate team for boys.

Stores said in this day and age schools simply don't have the money to add more athletic teams.

"I think there are a lot of boys who want to play," Stores said. "But there aren't a lot of schools out there that are going to be adding sports."

Democrat and Chronicle: Burying the power grid one solution

Pulling into Alexander on Saturday we were greeted with the sign: "First home game in 30 years!" The Tri-town organization (http://tritowntrojans.com/) has brought back youth football -- and judging by the turn out, it is back to stay.

Four games were played against the Pembroke Dragons during the sunny and hot afternoon. There was a chicken barbecue that ran throughout the day, a concession stand with a large variety of baked goods and 50/50 raffles and a drawing for a game-worn Bills jersey.

The beginners saw Alexander scoring from Connor Scott, Mason Bump and Ricky Townley.

Scoring in the minis for Pembroke were: Adam Dulski (no extra point), Owen Mileham with a defensive touchdown, Garrett Totten with two TD's, and Alec Skeet adding an extra point.

The JV game saw touchdowns from Trent Smith, David Colby (2) and Jordan Brown for Pembroke.

The varsity game was a hard-fought battle between two huge teams. There was a little bit of everything in this game, which Pembroke won 20-7. The first score was Pembroke's Mike Natalzia who broke a tackle and took the ball most of the field and into the end zone. Kyle Ludwig kicked the extra point.

Second touchdown was a run by Dakota Dieter of the Dragons. The extra point kick was blocked by Zach Jasen, of Alexander. Alexander's touchdown came next, run in by Zach Jasen, and PJ Brennan added the extra point. Mike Natalzia put the game away in the fourth quarter with his second touchdown of the day. More pictures from the day can be found at Francletography.com

Press release:

For the second year in a row, Lindsay Ryan’s “Gordon” proved he’s still the fastest dachshund in Western New York, when he won Sunday’s Petco Wiener Dog Races at Batavia Downs.

In front of the largest crowd ever to witness the annual event, 75 dogs squared off in 10 elimination heats with each elimination heat winner returning for the championship final.

The fastest 10 dogs left their handlers and roared by the historic half-mile tracks home stretch and after videotape review it was determined that “Gordon” had indeed narrowly crossed the finish line first.

Tom Grimm’s “Isabella” was a very close second while Christopher Cummings “Max” finished right there in third.

“Gordon’s” accomplishments earned her owner $200 in casino free play. Second and third place was worth $100 and $50 in casino play for their respective owners.   

The wiener dog races are the final event of Family Fun Day at the races held each year on the last Sunday afternoon in August.

If you're unable to view the slide show below, click here. To purchase prints of these photos, click here.

Saturday was the first big test for a new pedestrian access policy at Darien Lake and while officials are satisfied with the results overall, they admit there are some kinks to work out.

On the positive side, officials said, traffic control after the concert was much better than used to be expected for a sold-out concert.

On the negative side, there was some confusion over what to do with taxis, how to handle passenger drop-offs and dealing effectively with people trying to circumvent the policy.

Cherry Hill Campground was open for concert parking and apparently tried to establish a private vehicle shuttle service for its patrons. 

Part of the terms of service now for ticket holders is there is only one vehicle entry and one vehicle exit per person and you must have a valid ticket to come onto the property.

Drivers of cars observed coming off The Hill were threatened with arrest for criminal trespass when they were observed coming in through Employee Road and then leaving immediately.

Many of the dozens of people who tried to walk in through Employee Road managed to bum rides from other concertgoers in cars. Of course, they became pedestrians after the concert trying to exit the venue on Employee Road.

Those people were told either to walk to the main gate to leave or to the exit point at the east side of the property.

Officials wanted to keep Employee Road open for vehicle traffic, so a strict no-pedestrian rule was enforced.

"The overall objective is just to make the traffic flow smoother and just create a safer environment for our guests," said Darien Lake General Manager Bob Montgomery. "To that extent, it’s working. If we’ve got a few little leaks here and there, we’ll correct them were we can. If people are really working hard to beat the system, I guess they can if they think it’s really worth all the effort."

Some issues will just work themselves out, Montgomery said, as guests become more familiar with the new system and fewer of them are willing to hassle with private lot parking.

From just before 5 p.m. until shortly after 8 p.m., vehicle traffic to Darien Lake was gridlocked from both the south and the north.

While some concertgoers blamed the new parking policy for the stop-and-go entry, Chief Deputy Gordon Dibble, of the Sheriff's Office, said he doesn't see the connection.

"We've had traffic being backed up in the past when the private lots were open, so I don't see that being the issue," Dibble said.

What surprised authorities, Dibble said, was how relatively few concertgoers started arriving at noon or one o'clock.

Typically, a Saturday concert attracts a lot of early arrivals, and this show didn't for some reason. Many people waited until later in the afternoon to arrive, which meant more people trying to drive in closer to showtime.

Dibble said he spoke to some patrons prior to the show who said they expected other concertgoers to come early, so they decided to come late.

There also seemed to be a higher number of concertgoers coming from the south of Darien.

"There’s something about this place," Dibble said, "that no matter how long you work out here, when you think you’ve got it figured out, there’s just something to do with who the band is, whether they're drawing from the Rochester market, the Syracuse market, the Canadian market, that makes a little different pattern. To a degree it’s unpredictable, it really is."

The worst traffic-related incident prior to the show occurred just before 8 p.m. when the passenger of a vehicle stuck in traffic jumped out of the car and ran into the path of a motorcycle heading south.

Jessica Freeman, 23, of Rochester, suffered head and facial injuries and is in critical condition at ECMC, where she was flown by Mercy Flight.

Prior to the show, concertgoers turned away at Employee Road were clearly frustrated, some of them, but didn't hassle police or security about the policy.

One group of three young men did manage to talk their way onto Employee Road and enter the venue.

Apparently, they had bought their tickets and made their reservations at Cherry Hill Campground in June. After the new policy was announced, one of them had an email exchange with officials at Darien Lake and was told, incorrectly by somebody, that they would be allowed to walk onto the property.

Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment, was at property Saturday both observing and supervising implementation of the new policy.

He snapped an iPhone picture of the young man's email and then allowed the trio to walk up Employee Road into the venue.

The biggest conflicts of the night came after the concert was over and some people tried to exit the venue on Employee Road.

Rakestraw had predicted some 500 people would try to leave via Employee Road -- far fewer than the thousands walking out in concerts past.

The actual number of pedestrians trying to leave on Employee Road was probably far fewer than 500.

Most were cooperative when told to head in another direction.

One gentleman who was highly intoxicated got lost in the employee parking lot (which was used for regular guest parking last night).

Two people were arrested after apparently wearing out their welcome, so to speak, arguing with deputies about the pedestrian policy.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, discussed the situation with a couple of different cops, went round and round with Sgt. Tom Sanfratello. After several minutes of discussion, Sanfratello told her to leave or she'd be arrested.

Her alleged reply: "I guess you'll have to arrest me," which at that point became a refusal to follow an officer's order, so she was arrested.

Her companion, Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, wouldn't leave and was also arrested.

Reportedly, Pickem and Vincent had parked their vehicle more than two miles from the concert facility and were apparently concerned about how to get back to their car.

The thing is, if Pickem and Vincent had been a little more patient, they were two minutes away from a cab ride to their car.

Sgt. Steve Mullen had called a cab for them.

There was another group of young ladies, four of them, who were stranded at the park. They were reportedly staying at the Attican Motel. The Attican charged them $20 for a shuttle ride to and from the show, according to Mullen. When the driver dropped them off, he reportedly informed them the shuttle might not be available for a ride back to the hotel.

When the women called the motel, they were reportedly told the van had broken down (Note, I was on Employee Road when I saw the van, with Attican Motel written on it, pull into the parking area).

Mullen called a cab for the young ladies and escorted them out to Sumner Road and waited with them for the cab.

By the time Mullen returned to bring Pickem and Vincent to their cab, they were already in custody.

While all of this was going on, there was a young Canadian woman in full agitation mode, running around from one cop or security guard to another yelling at them, hurling insults and threatening to call the Canadian Embassy.

Deputies said she had been difficult to deal with prior to the concert when she tried to walk into the venue.

After the show, she claimed her "bestfriend" had gotten separated from her and her other friend during the concert, three hours prior to her first notifying law enforcement.

She gave three different ages for her missing friend and changed the clothing description.

Any time an official would try to ask her questions about her friend and their travel plans, she would just start yelling again.

She also claimed she wanted to walk out of the facility, but continued to yell at deputies for not doing more to find her friend.

At one point, she yelled at a deputy, "I hope your daughter gets raped some day."

There was another young woman from Canada who was also missing her travel companion, another young woman. She was calm, but clearly worried about her friend.

At 1:30 a.m., Darien Lake security officials were still involved in trying to help both young women locate their friends.

At 1:30 a.m., all Darien Lake parking lots were empty, which under normal sold-out concert nights was at least an hour earlier than might be expected.

Dibble said with Sumner Road free of traffic from private lots, it was much easier to get cars out of the parking lots. Both lanes of Sumner Road could be used for traffic leaving the facility. If not for a couple of minor accidents on Sumner Road, patrons would have gotten out even quicker.

While there were 15 arrests at the concert, the majority of them were related to the new policy, such as three people accused of climbing the new fence to try and gain access to the property.

I spent two hours at the entry gate known as "South PAC," where concert security will bring any unruly patrons for deputies to deal with and potentially arrest or release. South PAC is normally bustling with activity during a concert. During the two hours I was there, not one patron was escorted from the concert.

Batavia resident Carrie Hylkema, who's attended several country shows at Darien Lake, was at the show Saturday as a volunteer for a beer concession set up to raise money for Batavia Ramparts.

She said the atmosphere Saturday was very different from any country show she had ever attended at Darien Lake.

She said concertgoers were much less aggressive than she's seen in the past.

"A lot of times we come driving in, whether we’re working the concert or just going to the concert, you can see it’s out of control before you even come into the gates," she said. "It just seemed more managed tonight. My husband I both commented tonight that it just seemed more in control."

Some of the explanation for the mellower atmosphere, Dibble said, is the fact that so many people came later to the show, got caught in traffic, and had less time to get intoxicated in the parking lot before the concert.

"I’d like to think the underage drinking work that we’ve been doing is paying off, too," Dibble said.

There were 48 underage drinking citations issued Saturday, which is far fewer than have been issued at big country concerts over the past two seasons.

Among the kinks in the system Saturday was what to do with taxi cabs. The plan was, officials said, to only allow cabs into a designated area after 10 p.m. -- for pick up only, not for drop off. But cabs were entering the facility prior to the show.

There was also some confusion over how parents dropping off concertgoers were to enter and leave the facility.

Montgomery acknowledged he and his staff are going to need to figure out these issues for future concerts.

"What we'll do with the team here is, we'll meet again tomorrow and kind of put those issues on the table," Montgomery said. "There's nothing big, nothing that would be a big concern. You're right about the issue with taxis and where do we place them. We want to go back specifically and address that. That's one of the issues that stood out."

Traffic entering the venue, heading toward the main gate, backed up on Sumner Road, with a group of pedestrians in the distance getting into a passenger vehicle offering them a lift.

Pedestrians being told they would not be allowed to walk into the venue.

This vehicle came down off The Hill and is heading toward the main gate.

A trio of concertgoers (third person already in the back seat) get a lift into the venue.

A vehicle that had allegedly previously come off The Hill and delivered concertgoers into the venue gets a trespass warning, and would not be allowed in with another group.

Another driver allegedly issued a trespass warning.

This gentleman was eventually allowed to walk on Employee Road and into the venue after displaying an email from Darien Lake saying that he would be allowed in on foot.

Subject taken into custody after allegedly refusing a police officer order to leave the facility.

Concertgoers party in a 1968 stretch Checker Cab.

A reportedly highly intoxicated individual is taken into custody, charged with disorderly conduct, after allegedly causing a disturbance in a parking lot at about 11 p.m.

This photo submitted by a reader. One concertgoer decided to drive his tractor to the show.

NOTE: This was the first sold out concert after the new no-pedestrian access rule to the Darien Lake property came into full force. I did a ride along with the Sheriff's Office for the night and will have a report, with photos, later.

The following people were arrested by the Sheriff's Office in connection with the Jason Aldean Concert at Darien Lake Performing Arts Center.

Matthew K. Skelton, 26, of Coe Avenue, Oakfield, is charged with disorderly conduct after allegedly yelling profanities and causing a disturbance in the parking lot. Skelton was arraigned in Darien Town Court and remanded to jail in lieu of $200 bail.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, is charged with trespass after allegedly refusing to leave the Darien Lake Employee Road area after attempting to exit the venue as a pedestrian. Pickem was arraigned in Darien Town Court and released on her own recognizance.

Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, is charged with trespass after allegedly refusing to leave the Darien Lake Employee Road, area after attempting to exit the venue as a pedestrian. Vincent was arraigned in Darien Town Court and releaed on his own recognizance.

Nicole L. Louiseize, 23, of Summerhill Drive, Moncton, New Brunswick, Canada, is charged with trespass after allegedly entering the concert venue after being denied entry and told not to reenter. Louiseize was arraigned in Darien Town Court and remanded to jail in lieu of $400 bail.

David W. Pitts, 30, of Buford Deli Townline Road, Scotland, Ontario, Canada, is charged with DWI and aggravated DWI with a BAC of .18 percent or more after allegedly operating a motor vehicle while intoxicated in the campgrounds.

Brian A. Rupe, 29, of Ransom Road, Lancaster, is charged with trespass after allegedly jumping the fence to enter the Darien Lake property.

Nicholas J. Pagano, 19, of Savage Road, Holland, is charged with trespass after allegedly jumping a fence into the concert venue.

Mark A. Silvestri, 26, of South Seine Drive, Cheektowaga, is charged with trespass after allegedly jumping a fence into the concert venue.

Michael J. Riley, 47, of Beckett Drive, Brantford, Ontario, Canada, is charged with criminal mischief, 4th, after allegedly punching a car causing damage.

Adam R. Wattles, 19, of Old Lower East Hill, Colden, is charged with false personation after allegedly providing a false age. (Wattles was cited at the Toby Keith concert for alleged underage drinking.)

Colin J. Haines, 17, of Americo Court, Lancaster, is charged with trespass after allegedly attempting to enter the concert venue with a ticket to a show in West Virginia. When he was denied entry, Colin allegedly ran through the gate and entered the venue.

Kelly L. Alcorn, 47, of Tower Hall Terrace, Grand Island, is charged with harassment, 2nd, after allegedly hitting another patron in the concert venue.

Karen M. Walker, 35, of Niagara Falls, is charged with harassment, 2nd, after allegedly striking another patron in the concert venue.

Stephanie A. Fenner, 36, of Lafayette Road, Cortland, is charged with disorderly conduct after allegedly punching and grabbing a Darien Lake security officer.

Daren J. Conklin, 20, of Lafayette Road, Cortland, is charged with harassment, 2nd, and resisting arrest after allegedly being involved in a fight and pushing a deputy while being detained. Conklin then allegedly physically resisted and kicked deputies during the course of the arrest.

The NYS DMV had an enforcement detail at the venue and the following individuals were accused of using a fictitious/fraudulent driver's license.

James A. Carbamone, 20, of Delta Drive, Niagara Falls, Ontario, Canada
Rebecca E. Blondin, 20, of South Taylor Road, Charles, Fla.
Kyle R. Henecke, 21, of Loonis Road, Farmington
Morgan J. Engesser, 19, of Higby Road, New Harford

The following indivdiuals received citations for alleged possession or consumption of alcohol while under age 21.

Colin J. Haines, 17, of Americo Court, Lancaster
Adam R. Wattles, 19, of Old Lower East Hill, Colden
Guymichael A. Gornicki, 20, of Lockport Road, Niagara Falls
Anthony R. Dicosmo, 20, of Lockport Road, Sanborn
Megan P. Barney, 20, of Gerald Hunter Road, Madrid
Meghan R. McGee, 20, of Lagrass Street, Waddington
Katie C. Mach, 18, of Banko Drive, Depew
Maxwell I. Crabtree, 19, of South Seine Drive, Cheektowaga
Matthew R. Walsh, 19, of Gabriel Drive, Cheektowaga
Aleigh J. Andrews, 18, of Homestead Drive, Niagara on the Lake, Ontario, Canada
Richard W. Ingoldsby, 20, of Rice Road, Boston
Nicole M. Vinci, 19, of Hogan Road, Webster
Eryn E. McBride, 18, of Houston Road, Webster
Alexandra N. Liberty, 18, of Chigwell Lane, Webster
Alyssa C. Proietti, 20, of Cottage Brook Lane, Webster
Tyler M. Smedley, 19, of Morning Glory Drive, Webster
Kaitlin M. Cunningham, 19, of Cottage Street, Fredonia
Heather N. Tomsick, 20, of Gardner Street, Fredonia
Thomas F. R. McRae, 20, of Parkside Road, Niagara Falls, Ontario, Canada
Jacob D. Cardwell, 20, of Woodinton Road, Niagara Falls, Ontario, Canada
James A. Carbanone, 20, of Delta Drive, Niagara Falls, Ontario, Canada
Taylor R. O’Leary, 20, of Chesterbrook Lane, Pittsford
(name removed upon request), 20, of Mendon Center Road, Pittsford
Kaitlyn M. Piccarrento, 17, of Temple Road, Henrietta
Samantha N. Jones, 19, of Cameron Hill Road, Rochester
Kathryn E. Pietropalo, 18, of Southery Place, Rochester
Nicole S. Mercendetti, 19, of Elwood Drive, Rochester
Rose R. Emilie, 20, of West Center Street, Medina
Patricia A. Glass, 19, of Chase Street, Medina
Kalie L. Curtain, 18, of South Gravel Road, Medina
(name redacted upon request), 18, of Owls Nest Road, Marion
Melissa A. Cook, 18, of Kemp Drive, Macedon
McKenzie T. Bigley, 20, of North Main Street, Marion
Jordan L. Phillips, 18, of Sunset Drive, Marion
Julia M. Smallman, 20, of Effingham Street, Street, Catherines, Ontario, Canada
Cassandra R. Robinson, 20, of Sunset Drive, Fenwick, Ontario, Canada
Britta M. Adamczyk, 18, of Route 39, Springville
Jochua I. Burau, 19, of Newman Street, Springville
Taylor M. Sikes, 17, of Oak Street, Geneseo
Delilah M. Cipriano, 16, of Upper Mt. Morris Road, Leicester
Bianca R. Weber, 19, of Markie Drive, West Rochester
Veronica L. Maznikovski, 19, of Abbottsford Drive, Gates
Melissa A. Cook, 18, of Kemp Road, Macedon
Darren W. Godfrey, 20, of Witmer Road, North Tonawanda
Ashley M. Drouin, 20, of Peek Road, Hilton
Amanda M. Marlow, 17, of State Street, Caledonia
Corey R. Sherman, 19, of Fraser Drive, Hilton
Austin G. Kelly, 16, of Sunderland Trail, Rochester