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Code violation cases heard in Sweden Court

by Kristina Gabalski

The defense attorney for Brockport Mayor Connie Castaneda says charges brought against his client following a Brockport Police Department investigation are a “political hatchet job to retaliate for (the) position that she is taking on behalf of her constituents.”

Mayor Castaneda pleaded not guilty in Sweden Town Court March 26 to 16 misdemeanor charges stemming from alleged violations of village and state codes regarding rental properties.

Mayor Castaneda’s attorney, Donald Thompson, spoke following the court appearance. He said Police Chief Daniel Varrenti is retaliating against the mayor who has proposed cuts to the police department. He said there were no code violations at the mayor’s home and that “there’s also official misconduct charged here, which is one of the most transparently lame charges I’ve ever seen brought.”

Mayor Castaneda allegedly illegally rented out rooms in her home to college students. She also faces two counts of falsifying business records for allegedly failing to file a required rental registration statement and certificate of occupancy application.

Included in court documents are statements students at The College at Brockport made to Brockport police as part of their investigation, which was conducted with the Brockport Code Enforcement Office, the Monroe County District Attorney’s Office and the Monroe County Sheriff’s Office. The students were tenants of Castaneda’s and said they were told by the mayor not to park on her property and to say they were cousins visiting from out of town if questioned about why they were at the mayor’s house.

Thompson says he questions the way in which the charges were lodged and that he will “speak to the D.A.’s office (regarding) apparent impropriety on the part of the complainant.”

Norman Giancursio also pleaded not guilty March 26 to a charge of reckless endangerment. The charge stems from a fire at the mayor’s home in March 2011, when Giancursio allegedly told a tenant not to leave the home to keep authorities from finding out about the rental set-up.

His lawyer, Lawrence Kasperek, said there is no evidence to suggest anyone was in danger or at risk. He said the charges against Giancursio are “unfounded and not based on facts.”

Kasperek said it is his position that the charges are of a “political nature” and that the “D.A. should remove (the case) from the Town of Sweden Court and refer it to a grand jury (which would then) conduct an investigation.”

Both Castaneda and Giancursio were released on their own recognizance and are tentatively scheduled to return to court May 9.

The mayor has said she will not resign.

Police Chief Daniel Varrenti has stated that the charges will speak for themselves.

During the February 28 regular meeting of the Brockport Village Board, Chief Varrenti stated during his report that “the village code in this village is looked upon as a mockery – nobody is above the law in the Village of Brockport.”

Brockport residents had their first opportunity March 27 to comment to members of the Village Board since Mayor Connie Castaneda was charged with official misconduct.

Several residents spoke during the public comment portion of the board’s regular meeting.

Linda Ketchum told the board that the mayor is, “… not fulfilling her duties to the residents of Brockport. Mayor, you should step down,” she said.

John Cohen also called for the mayor’s resignation. He said the mayor is, “… claiming innocence ….. claiming political payback,” but, “…the appearance of conflict of interest is a conflict of interest… the mayor punishes the people of Brockport by staying in office.”

Gail Martin, who lives just outside the village, said she supports the mayor and noted that the unrest in the village, “… affects all of us.” She said none of the trustees support the mayor, “… and we see it and it disturbs us greatly…. I don’t like how you guys run (the village) at all,” she told the board.

Village resident Rhett King told board members, “… you should be ashamed of yourselves and how you treat the Brockport taxpayers. You keep bashing the mayor when you are the real distraction here.” He called Brockport the, “laughing stock of Monroe County” and added that Brockport taxpayers pay the highest taxes in the county and have the highest paid police force in Monroe County (in salary and overtime). “Fifty percent of the police force is making over $100,000,” King said.

During his report, Police Chief Daniel Varrenti refuted King’s comments, saying the Brockport Police Department is smaller than The College at Brockport campus police department.

“We once had 14 full-time officers, now we have 12…. we once had eight part-time officers, now we have three,” Chief Varrenti said.

He said the department has spent under $100,000 in overtime during the current fiscal year, a figure he says is significantly less than in past years.

“Brockport Police Department members are some of the best police officers I’ve worked with in my career,” Chief Varrenti said.

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