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Batavia High School's softball team lost 14-4 today to Geneseo in a Class A2 title game played at Brockport HS.

These pictures are from the final inning and a half.

A pedestrian is conscious and alert after reportedly being struck by a car in the area of 317 E. Main St., Batavia.

The car has left the scene.

It's a maroon, newer sedan driving by a female, heading east on Main Street.

City fire and Mercy EMS dispatched.

UPDATE 10:27 p.m.: The vehicle has apparently been located.

UPDATE 10:28 p.m.: The vehicle stopped was not involved. A city patrol is checking the area.

It's looking like Memorial Day Weekend is going to be a great weekend to make use of the spray park in Austin Park, as Darien Rhodes did this afternoon with Faith Rhodes.

Temperatures will reach as high as 92 degrees over the weekend with ample humidity.

Mark Williams, with the Tompkins Bank of Castile, holds one of the baskets available in a charity raffle at the Batavia branch on East Main Street.

Funds from the raffle of the two baskets of wine and other gifts will benefit Relay for Life in Wyoming County.  

Raffle tickets are available through the drive-up or when you walk into the branch.

With a 7-6 win over Lyndonville in the Section V Class D2 championship softball game yesterday, the Fighting Irish became Notre Dame's 80th girls team across all sports to win a sectional title.

Notre Dame took a 6-1 lead into the sixth, but Lyndonville put together a rally to tie the game. The Irish won on a walk to Jessica Bukowski with the bases loaded, bringing Callie McCulley in to score.

Photo submitted by Kathy Antinore.

Debris from an accident in the Oak Street Roundabout is causing some havoc, with popped tires and slowed traffic.

Earlier, Batavia PD had responded to a fender-bender in the roundabout and after this current incident was reported, he confirmed there was very little debris from that accident and it was cleaned up, so this debris is apparently from a later, unreported accident.

A Sheriff's patrol came through and reported a good deal of debris in the roundabout and "people are popping their tires."

There's a disabled semi-truck and two passenger vehicles have pulled into a nearby parking lot, coincidentally, perhaps, a tire shop.

Frank Grillo submitted these photos and story about the dog run being installed at the PTSD clinic at the Batavia VA.

I know how important the small things are.

I know when your scraping and clawing and fighting to regain your life that every advantage can mean the difference between life and death. 

When I came home I never slept. I watched out the windows, I patrolled my home. I gained over 100 pounds and began to fail at school and life. What brought me back? My dog.

Reba watched out the windows. Reba listened for sounds so I didn't have to. Her hearing was better; she constantly stared out the window and when I said "Reba, Whats That?" she would barrel from window to window on high alert. 

When I arrived at the PTSD clinic I was immediately greeted like a criminal. Breathalyzers and urinalysis as well as a search of my belongings. The windows would only open four inches because someone from Texas jumped out of his window and because it was early spring the heaters were still on bringing my room to a not so comfy 90+ degrees.

The program was being run by a woman who did not know how to balance what was best for the vet against the regulations.

This was a colossal mess but I did three tours in Iraq and I could handle all the above.

I lasted less than one day.

Why?

I didn't have my dog.

Fast forward three years. I've given up on almost all of my volunteering. Too many fake programs cashing in on veterans. 

I did keep on, however, keep up with the VA Veterans Advisors Council for two reasons:

• because my friend Patrick brought me in;
• and because I believe in the Director Brian Stiller, who is himself a Navy veteran. 

For almost a year we brought the fight to allow service dogs into the PTSD program and thanks to a language loophole and Brian's willingness to do the right thing, to act on principal FOR the veteran in spite of the ridiculous bureaucracy, and we prevailed. 

A veteran who found it too tough to stay in the program without his service dog eventually returned to Batavia to complete the program, and to his credit he pioneered the possibility of service dogs at the residential treatment program. 

Next we asked, "What can we do to make this permanent?" and Director Stiller responded, "We need a place to let the run off vest."

Immediately I reached out to my brothers at the Combat Veterans Motorcycle Association Chapter 19-6 in Batavia.

We raised the funding and created the fenced-in pen you see in this picture. Yesterday, we returned to build a shelter where the combat veteran can sit in case he or she cannot stand. A place the veteran can relax out of the elements while his or her most loyal companion can run and play and unwind.

These dogs are easing the burden and saving the lives of veterans every day just as my Reba did for me. It is my privlidge and our chapter's honor to make that kind of advantage a possibility for our fellow combat veterans.

God bless America.

An Oakfield woman, whose husband was a leader in the Hells Angels motorcycle club, and who was convicted for her part in a meth distribution operation, was sentenced in U.S. District Court to three years probation and 12 months of home detention.

Donna Boon McAuley, 50, was among seven defendants in the case, which was also tied into a racketeering investigation stemming from a baseball attack on a patron of a bar in Rochester. 

The investigation revealed Boon, in conjunction with her husband, James Henry McAuley Jr., helped distribute methamphetamine obtained from a Hells Angel member in California from 2002 through July 9, 2010. Boon admitted to obtaining and distributing at least 30 grams of meth. Some of it was sold to a dealer in Genesee County who sold it to Genesee County residents.

James McAuley was convicted for his part in the ring and is scheduled to be sentenced July 12.

This case is part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey, Ca., Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. In addition to Boon and McAuley, Richard W. Mar, Jeffrey A. Tyler, Richard E. Riedman, Gordon Montgomery and Paul Griffin, have been convicted for their roles in the methamphetamine conspiracy.

Taking part in the investigation and prosecution of the case were the FBI, Sheriff's Office, DEA, State Police, Batavia PD and Le Roy PD.

In the Class C2 softball final played at GCC, Oakfield-Alabama lost 9-1 yesterday to Caledonia-Mumford.

The No.1 seed Red Raiders were led by tournament MVP Emily MacDonald, who pitched a four-hitter and K'd 10 Hornets.

Le Roy beat Wellsville yesterday, 3-1, to become the Section V Class B2 champion in softball.

Ally Uberty gave up just three hits and fanned 16 and was named tournament MVP.

Erin Cappotelli and Taylor Sherman each had two hits and an RBI for the Oatkan Knights.

Le Roy hadn't won a softball title since 1988.

Photos submitted by Tim McArdle.

After the alleged name calling, a key issue in the latest legal filing from the attorney representing the Cleere and Collins families against Frost Ridge is the alleged violation of the state's open meeting law by Le Roy's Zoning Board of Appeals.

The plaintiffs allege:

• Neighbors within 250 feet of the Frost Ridge property were not mailed notice of the Dec. 17 public hearing held by the ZBA on the interpretation of the zoning law and prior, non-conforming use at Frost Ridge;
• That the ZBA did not deliberate its decision in public;
• That no noticed public meetings were held between Dec. 17 and Feb. 17; 
• That a decision was reached without the public present sometime between Dec. 17 and Feb. 17.

These complaints are mirrored by the filing for the Feb. 17 meeting where the ZBA announced its decision; the meeting wasn't even four minutes long.

James Wujcik represents the ZBA in these proceedings and he filed a memorandum of law in opposition to the plaintiffs' complaint.

He also submitted an affidavit by Debbi Jackett, chairwoman at the time of the ZBA, which has since been disbanded by the Town of Le Roy.

She states the hearing of Dec. 17, at the order of Judge Mark Grisanti, was held after a legal notice was published. She does not address the complaint, nor does Wujcik in his memorandum, whether notice was sent to neighbors by postal mail.  

A source familiar with the case told The Batavian today that notice was mailed.

Jackett argues that proper notice was clearly given because all of the interested parties were at the hearing.

"It is common sense that one's attendance at the public hearing acknowledges notice of that very hearing," Jackett wrote. "Any insinuation that plaintiffs could not be in attendance is another attempt to delay the ZBA from acting pursuant to the order of Judge Grisanti."

Jackett also accused the Town of Le Roy of trying to obstruct the ZBA from holding the hearing. She said the code enforcement officer was informed in October that the ZBA would no longer be able to conduct meetings at the Town Hall.

As for the hearing itself, Jackett said the ZBA board took a short break and then resumed its meeting in the regular board meeting room "regarding the merits of the case."

This was apparently considered a continuation of the prior noticed meeting, though it's not clear if any members of the public were invited into that meeting.

Mindy Zoghlin, attorney for the plaintiffs, clearly did not know about this meeting continuance based on the statements in her filing.

The Batavian's reporter at the meeting that night was Ray Coniglio and he said today that he wasn't informed that the meeting would be continuing in another room. He left the Town Hall and wrote a story published the next day that said the meeting concluded without any discussion by the ZBA and that no vote was taken that night. Nobody from the ZBA ever contacted The Batavian following this news report to inform us that this information was incorrect and ask for a correction.

Jackett further argues that the Town's ongoing obstruction of the ZBA, such as not filling vacant positions, contributed to any confusion about compliance with the open meeting law.

"Even if a skeptic held merit with any claim against the ZBA for violations of the Open Meetings Law, the behavior can be traced directly to the Town's illegal, obstructionist behavior with the ZBA," Jackett wrote. 

In his memo, Wujcik argues that it is certainly within the ZBA's right to continue its meeting upon closing the public hearing, but he doesn't address the fact that the meeting was moved to another room without notification of the public in attendance.

"The ZBA correctly deliberated during its Dec. 17 meeting," Wujcik states, adding, "It should be duly noted the ZBA rendered its decision at an open public meeting on Feb. 17."

He also accused the Town of deliberating trying to disrupt ZBA proceedings and called on the court to find the Town of Le Roy in contempt of court, pursuit to the order of Grisanti.

It's unclear what will happen if Acting Superior Court Judge Emilio Colaiacovo rules in favor of the plaintiffs on the open meetings law issue. The ZBA that has been at the center of this issue for the past several years not longer exists. It was a ZBA comprised of representatives from the town and the village, and now the town and the village each have their own ZBA.

One last note about the open meeting law: The law also requires public bodies to notify all local media of its public meetings, and with the exception of the City, County and GCEDC, this practice is largely ignored by every other local public agency and government.

Statements attributed to Kyle Johnson after he was taken into custody the morning of Dec. 1, after he allegedly shot and killed a neighbor and set his own home ablaze, will be admissible in court, Acting Judge Michael F. Pietruszka ruled today.

The defense challenged whether the prosecution could use the statements at a possible trial and Pietruszka issued his ruling immediately after a hearing that featured testimony by Deputy Andrew Hale.

Hale completed a report Dec. 1 in which he says Johnson made a handful of statements when he was taken into custody, in the patrol car ride to the Sheriff's Office on Park Road and as they arrived in the interview room at the office.

Hale testified that he was on routine patrol duty when he was called to a house fire at 7324 Selden Road, Le Roy. He was in uniform in a marked patrol car.  He was aware of a shooting reported minutes before at a residence a short distance from the fire location.

He said he was also informed by dispatch that the residence was owned by Kyle Johnson, that Johnson had a mental health history and was known to own firearms.

He arrived on scene just as shots rang out, apparently directed at a Le Roy fire chief and at a Le Roy police officer.

As he ran down the road to check the status of Officer Ryan Young, now a Sheriff's deputy, and as he did, he encountered local residents standing outside their home. They asked what was going on and Hale told them to get inside, lock their doors and windows and stay there until told it was safe to come outside.

As he moved toward Young's position, Hale encountered Johnson, he said.

"Mr. Johnson stated to me that he wanted to be shot," Hale said. "After he realized I was not going to shoot him, he turned around and walked back toward his house."

Over the next couple of hours, Johnson would periodically approach Hale and ask him to shoot him.

When emergency response teams arrived, this back-and-forth continued for a couple of more hours until Johnson finally surrendered.

Hale was summoned to search and cuff the suspect. When he was putting Johnson in his patrol vehicle, Johnson reportedly complained that the cuffs were too tight.

When Hale sat in the driver's seat, Johnson reportedly said, he "didn't appreciate being treated like an animal."

Hale said, "I told him I appreciate being shot at and having my friends shot at."

Johnson, Hale said, apologized.

On the ride back to the Sheriff's Office, Johnson reportedly said, "I didn't mean to hurt anybody."

Hale said he responded, "You did. It's traumatic for us as officers. You shouldn't have done that."

At the station, Hale offered Johnson a glass of water and asked if he needed anything.

Johnson's response, according to District Attorney Lawrence Friedman, was that he felt bad for burning his house down and that he shouldn't have done that and he wanted to apologize.

In cross-examination, Public Defender Jerry Ader established that Hale did not read Johnson his Miranda warnings (you have the right not to speak, right to an attorney, etc.), that Hale did this though he knew Johnson had a mental health history, and that Hale asked a couple of questions of Johnson.

Those facts were the basis for Ader's motion to bar the statements from any possible trial.

Friedman countered that Johnson was not in custody at that point for the purpose of interrogation, and any questions asked by Hale were not an interrogation, such as asking if Johnson wanted water, that the statements were made voluntarily and should be admissible.

Johnson is charged with murder and burglary in the death of Norman D. "Don" Ball. He is accused of attempted murder for allegedly shooting at Young and Le Roy Fire Chief Tim Hogle.

Ader has received a report based on a psychological exam of Johnson and is apparently planning a defense around the results of that report, and while the report has been given to Friedman, a copy was not given to the court. Ader said he wasn't aware of any requirement that he provide the court with a copy. Pietruszka was clearly miffed that he didn't have a copy of the report, especially since there will need to be a hearing on the topic after the DA's Office completes its own exam and gets its own report.

That hearing will be at 1:30 p.m., July 21.

A proposal by City Councilman Adam Tabelski to spend $92,000 in funds set aside for community development on community development failed to win much support from the rest of the City Council at its Monday conference meeting.

Tabelski proposed taking the money originally intended for Vibrant Batavia, which the council scuttled two weeks ago, on a recent joint city, county, school district and Genesee County Economic Development Center initiative called Pathway to Prosperity. 

BP2, as it's known, will take a portion of fees paid in PILOT programs (payment in lieu of taxes) by property owners with economic development projects and use it to help mitigate environment issues at brownfield properties in the city. The chicken-and-egg problem is BP2 has no money until the first new PILOT is approved, and the city's brownfield area properties need to clean up as projects come on line. 

Tabelski thought $92,000 might best be used to jump start some brownfield redevelopment.

Council members had other thoughts about what to do with the money, from building a spray park on the Southside, to payment toward the new police station, to just letting it sit in the general fund.

"We need to start thinking of the kids on the south side of the city," said Councilwoman Rosemary Christian. "We need something for the child. We're always thinking of things other than the children in our community. They're our future leaders who will up her someday making these decisions."

Tabelski countered that today's children will need tomorrow's jobs.

Some council members said they thought Tabelski's timing is off, that it was only a meeting ago that Vibrant Batavia was killed off and perhaps there should be more time taken before deciding what to do with the money.

"As for timing, the reason to bring this up now is that as time goes by, the default action is that nothing happens," Tabelski said. "I'm trying to address this in a timely manner."

Molino said a spray park on the Southside would likely cost more than $92,000, with planning, engineering, possible land acquisition and the purchase of equipment. Briggs and Christian promised to push for a spray park in the 2017 budget.

The City Council agreed by consent Monday night to move forward with a recommendation to create a task force to study what to do to with the local deer population.

There are no specific recommendations now, but council members agreed it's an issue the city needs to take a closer look at.

"I took a walk out there last fall and there is a swath of damage as wide as a street through the woods and meandering through people's property taking care of all their landscaping," said Council President Eugene Jankowski. "There's a path of dead vegetation all the way out to the edge of the city."

City Manager Jason Molino is expected to present a plan for creating a task force and providing it with directions on the scope and timing of its work.

After a City Council meeting where City Manager Jason Molino outlined his recommendations for city oversight of the Business Improvement District, the BID's Executive Director Laurie Oltramari told reporters that the BID is almost out of money because the city hasn't turned over the funds it is contractually obligated to release by May 1.

"Even though we're trying to be friendly, we feel like our funds are being held hostage," Oltramari said.

Reached later in the night, Molino said the only hold up with releasing the funds is a lack of a properly amended budget from BID that complies with the state's General Municipal Law.

"The city fully understands they need those funds to operate and will release those funds once the BID budget can be amended," Molino said. "Once compliance is achieved with the law and the budget is properly amended, then we will release those funds."

Oltramari said the BID can operate for about one more month with current reserves. If funds from the city aren't received by then, it would need to suspend operations until the money is released.

Earlier this year, Molino notified the BID that over the past several years the city's assessment of downtown properties to provide funding to the BID has not been in compliance with the law. Molino said he had previously brought this issue to the attention of the BID before Oltramari became director, and it was never addressed. This year, he's holding up the funds until the budget reflects the law's restrictions.

The law limits the BID assessment from exceeding 20 percent of the total levy for the properties in the district, plus an additional amount for repayment of bonds secured to pay for public improvements in the BID zone.  

There was a bond issued in 1999 for public improvements, such as new street lighting, and as those bonds have been paid off, the annual debt expense for the BID has decreased, but through all that time, the assessment hasn't been reduced to reflect the lower debt payments.

As a result, the BID has a capital improvement account with $216,000.

It would be logistically difficult to return those funds to downtown property owners since the amounts vary annually and many properties have changed hands over the years.

Molino is proposing that the $216,000 be held until the BID's next capital improvement project, which raises another point of contention for Oltramari.

Molino is proposing such a plan be developed with consultants and city officials. Oltramari said the BID should lead any effort to identify and plan for capital improvements using those funds since they were raised on behalf of the BID.

Since 2005, the BID has been receiving a flat $120,000 from the city for debt repayment and operational costs, which Oltramari admits she always found strange because it was always the same without any variance for a cost of living adjustments.

"We have gone above it (the GML limit) in order to continue operations because property values are so low in Batavia," Oltramari said.

Under the terms of the GML, the BID's budget for this year is being reduced to $55,000 for operations and $15,000 for debt service, which is the last debt payment from the 1999 bonds. 

That's a severe cut in operational expenses, Oltramari said. In addition to canceling Summer in the City, Oltramari doubts she will be able to keep her assistant on payroll and the BID is looking for new, lower-cost office space downtown.

The current office is on the second floor of the Masonic Temple building at Main and Center streets.

Molino's recommendations provided to the City Council last night include:

• Ensuring the BID amends its budget to comply with the General Municipal Law;
• Identify commingled funds that need to be separated from the BID account, which includes capital improvement funds, operational funds and money generated by BID events;
• Ensure the City Council adopts the proper local laws each year for governance of the BID;
• As part of the local law amendments, require that the BID's board of directors comply with the state's open meetings law and freedom of information law;
• Require the BID to update its district plan in cooperation with residents, businesses within the BID and the city to ensure future budgets and excess capital funds are used in a manner that best represent the business and property owners needs to achieve the organizational mission.

Oltramari thinks there is some overreach by the city in these recommendations.

First, BID board meetings are open to the public, though they're not announced on the BID's Web site, Oltramari said, and approved budgets are available to the public.

The district plan is essentially a business plan and Oltramari contends that's entirely the purview of the BID's board.

"The role of the city is to figure out the assessment and what the BID gets and to assign people to our board, that's about it," Oltramari said. "From there, it is our money to spend, and if we spend it wrong, then it's up to the state comptroller say, 'slap on the hand to you.' "

City firefighters were out at about 8:30 last night training with the new truck that will become Ladder 15 early next month and with all the lights on, it was a great chance to get some pictures of what it looks like at night.

Jake Wozniaka struck out four over six innings, but errors proved costly for Alexander on Tuesday at Dwyer Stadium in the Section V Class C1 semi-final.

Avon scored two unearned runs to beat the Trojans, 2-1.

In other baseball action yesterday:

• Batavia beat Wayne, 11-5. The Blue Devils play for the Section V championship Thursday at a location to be announced against Aquinas. 
• Oakfield beat Geneseo, 11-3, and will play Bolivar Rickburg at a location to be announced Friday.
• Notre Dame beat Lyndonville, 8-3, and will play Genesee Valley on Friday at a location to be announced.

The National Weather Service has issued an air quality alert for Genesee County starting at 11 a.m. and lasting until 11 p.m.

The index value for outdoor air quality is expected to exceed 100 for the pollutant ozone.

The higher the number of the air quality index, the greater the health concern.

When the index is high, the State Health Department recommends that individuals consider limiting strenuous outdoor physical activity to reduce the risk of adverse health effects. Those with preexisting respiratory problems, such as asthma or heart disease, and with such symptoms, should consult a personal physician.

The toll-free number for air quality reports is (800) 535-1345.

The fight over live music and other alleged zoning code violations at Frost Ridge Campground is far from over and court documents indicate the fight has recently involved some name calling and an accusation of anti-gay bias driving the attempts to shut down the park.

Attorneys for David and Marney Cleere and Scott and Betsy Collins, neighbors of Frost Ridge, have filed motions seeking a permanent ban on live, amplified music and long-term camping at the facility.

Their court papers alleged that a ZBA hearing in February that led to a finding in favor of David and Greg Luetticke-Archbell, owners of Frost Ridge, violated the state's opening meeting law and therefore the ZBA's decision should be voided.

The Luetticke-Archbell's position is that the meeting was given proper public notice, a position backed by sworn statements from the ZBA's then-chairwoman Debbie Jackett and answer filed by the ZBA's attorney, James M. Wujcik.

Any appearance of inconsistencies in the ZBA's actions, before being disbanded by the town board, is purely the result of the anti-gay bias, David Luetticke-Archbell claims in a sworn statement, of Town Supervisor Steve Barbeau.

It's a charge that Barbeau vehemently denies in his own sworn affidavit, but Luetticke-Archbell accuses Barbeau of calling his husband a "faggot" after a "contentious" Nov. 12 meeting. To support his charge of an anti-gay agenda, Luetticke-Archbell also points to several actions by Barbeau throughout the legal and civic process over the past couple of years, including a statement in a court filing approved by Barbeau that Frost Ridge is a "malignancy which cannot be allowed to metastasize."

"Mr. Barbeau, with the Town Board in tow, has unabashedly trampled on the due process rights my husband Greg and I would have been afforded but for our sexual orientation," Luetticke-Archbell wrote in his statement.

Barbeau said that Luetticke-Archbell didn't tell the whole story of the events of Nov. 12.  First, he denies using the word "faggot," but he also accused Greg of calling him a couple of choice names while following him into his office after the meeting, including a "piece of shit."

In his statement, Barbeau states he holds no bias against the owners of Frost Ridge.

"The Luetticke-Archbells have a place in the Town of Le Roy, one they have earned through their commercial and charitable efforts," Barbeau states. "The Town of Le Roy is merely trying to enforce its zoning ordinance so as to not render it irrelevant."

Barbeau said that the actions he and the town board have taken have been supported by a majority of town residents. The evidence is in the election results, he said, given that he and other incumbents handily won reelection despite opposition focused on the Frost Ridge issue.

David Luetticke-Archbell is equally convinced that Barbeau is driven by an anti-gay agenda.

Besides the slurs, Luetticke-Archbell says Barbeau's pattern of actions is further evidence of his anti-gay position.

He accused Barbeau, rather than code enforcement officer Jeff Steinbrenner, of drafting an e-mail denying Frost Ridge prior, non-conforming use status; of purposefully mucking up the application process on a couple of occasions; of usurping the independence of the Zoning Board of Appeals by filing court documents on its behalf without properly notifying the ZBA of the proceedings; of then wrongly admitting to adverse allegations of improper conduct by the ZBA; and, of illegally firing the previous ZBA attorney and then appointing an attorney who works in the same law office as the town attorney's son.

"Mr. Barbeau's motivations and actions here have always been and remain malicious," Luetticke-Archbell wrote in his statement. "His allegations, if considered at all, should be weighed accordingly."

Barbeau called Luetticke-Archbell's affidavit an ad hominem attack and asked that it be stricken from the record.

The attorney Barbeau appointed is James Wujcik, who continues to represent the ZBA and filed documents in the current court battle defending the ZBA against allegations leveled by the attorneys for the Cleeres and Collins.

As for the motion for injunction filed by Mindy L. Zoghlin, attorneys for Cleere and Collins, it's long (32 pages) and legal, and the responses from David Roach, attorney for Frost Ridge, are also detailed.

Whereas in the first round of lawsuits, it was Cleere and Collins along with the Town of Le Roy against Frost Ridge, Luetticke-Archbell and the ZBA, the new motion names the Town of Le Roy as a defendant.

The Town of Le Roy is accused of not upholding its own zoning laws.

It accuses Frost Ridge of violating town ordinances by allowing permanent RV camping, of violating the noise ordinance, of relying on a defective ZBA interpretation of the law, and of violating Judge Robert C. Noonan's preliminary injunction against amplified live music that he issued in September 2014 by allowing live amplified music before 4 p.m.

It accused the ZBA of violating the open meeting law after the case was remanded back to the ZBA for a determination on whether live, amplified music is a prior, non-conforming use. The suit accuses of the ZBA of not providing proper public notice and of not deliberating its decision in public. 

In his response, Roach denies all the substantial allegations.

Acting Superior Court Judge Emilio Colaiacovo is expected to make a ruling on the current set of motions at a later date.

Press release:

The Department of Veterans Affairs (VA) National Cemetery Administration (NCA) announced the name "Western New York National Cemetery" for the new national cemetery planned for construction in Pembroke, New York.

“The Veterans of Western New York deserve a final resting place worthy of their service to our nation,” said Ronald E. Walters, interim under secretary for Memorial Affairs.

National cemeteries are named based on the geographic location of the cemetery. VA relies on local veterans and community leaders to submit name suggestions. Of the names submitted, “Western New York National Cemetery” best met VA’s naming criteria and is consistent with the requirements specified in title 38 United States Code § 531, requiring VA property, including national cemeteries, to be named for the geographic area in which the facility is located. Any other name suggestion, such as that of a particular person, requires congressional action.

VA purchased the Genesee County property at 1232 Indian Falls Road off Exit 48A on Interstate 90 for $625,000 in May 2014. The cemetery will serve more than 96,000 veterans, their spouses and eligible children in the Buffalo and Rochester areas. The initial phase of construction will develop approximately 70 acres and provide for approximately 10 years of burials, accommodating both casketed and cremated remains.

The nearest open national cemetery is Bath National Cemetery located in Bath, New York, approximately 85 miles away.