The Dallas Post
Dallas, PA
Wednesday, August 29, 2001
‘Hot Dog Bob’
(continued from page 1)
solicitor due to a conflict of in-
terest in the case. “The matter
before us is not for a variance.”
“It still doesn’t meet the re-
quirements,” Jones said. He
said the lot doesn’t meet the re-
quirements for parking and the
requirements of the zoning code.
The prior decision could only
be used if it was the exact kind
of situation, Lesho said. That
decision involved a taco stand
being built at Pole 4 and does
not apply in the case of a hot
dog cart.
The lot located at Pole 4, is a
36 1/2 feet by 125 feet and is
zoned Highway Commercial Dis-
trict C-2. Kaye said the lot is
only 4,500 square feet and the
borough requires 15,000 square
feet for an eating and drinking
establishment.
‘By standards of the borough
code, it's being used as a busi-
ness, Kaye said. He presented to
the board a total of 24 violations
and noncompliances with the
property in its current use.
“It's about the property. The
property cannot sustain any
type of business,” Kaye told the
board. He also presented a
poster board of photos showing
the traffic and parking situation
when Prescott’s cart is there.
Prescott testified he was sub-
letting the property from Tom
Williams,” who has a lease with
the owners of Pole 4, Louise and
Greg Howells.
“Operating on a state right of
. way is a legal thing to do,”
Prescott said. He told the zoning
board he couldn't understand
why he cannot operate his cart
at Pole 4.
Parking was a concern for
both Jones and Kaye, saying
people were parking in their lots
to visit Prescott’s hot dog cart.
But Maryellen Prescott pointed
out that neither business owner
has posted signs stating the
parking lots are only for their
customers.
Michael Garrity, board mem-
ber, made the motion after all
testimony was heard to send
“Hot Dog Bob” packing. The
board unanimously approved
the motion. Prescott was or-
dered to cease and desist busi-
ness at Pole 4.
“In effect the board has said
that’s the only place I can’t op-
erate in Harveys Lake,” Prescott
said.
“Maybe I'll just set up there
every day and see what kind of
citation they give me,” said
Prescott. He said he heard the
fine would only be something
like $10 a day.
“They (Kaye and Jones) got
what they wanted, they got their
names off the complaint,”
Prescott said. “Now I have to go
up against the zoning board,” he
said, if he wants to appeal the
board decision.
Send The Dallas Post
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Scholarships
continued from page 1
arship winner. She is attend-
ing Allied Medical and Technical
School in Forty Fort. Stephanie
is studying massage therapy.
Her scholarship is helping pay
for her tuition.
“They are also teaching us
business skills too,” Stephanie
said. “I might open my own
spa.”
Stephanie's uncle, Jim Yas-
cur, is a Post member and en-
couraged her to apply for the
scholarship. She was the only
qualified applicant who applied
this year, Michael said.
“We didn’t have as many peo-
ple apply as we would have
liked,” said Michael. Since the
American Legion had extra
scholarship money this year, it
decided to help last year’s stu-
dents with funds for their sec-
ond year of school.
Carrie Hardik, a second year
human services major at LCCC,
was glad to receive a second,
scholarship to help pay for
school. Carrie, a Dallas High
School graduate, would like to
become a high school guidance
counselor.
“Every time I take another
class or lecture, I know this is
where I belong,” said Carrie.
“My high school guidance coun-
selor helped out a lot along the
way, and I'd like to do that for
someone else.”
Daddow-Isaacs American Le-
gion Post No. 672’s scholarship
program would not be possible
without the help of the many
golf tournament sponsors, said
Bob Hislop, scholarship chair-
man. The 2002 golf tournament
will be held May 11 at the Shad-
owbrook Inn and Resort.
Scholarship recipients, seated, from left: Stephanie Card, Lehman;
Jaclyn Senese, Trucksville; Carrie Hardik, Dallas. Standing: Bruce
Pitts, Dallas; David Wolfe, Lehman; Justin Tamanini, Shavertown;
Walter faistop, scholarship chairman.
a Tt -
POST PHOTOS/HEATHER B. JONES
American Legion Post No. 672 scholarship committee members,
seated, from left: Bob Hislop, Walter I. Galka, Ed Buckley. Stand-
ing: Commander Kepner Gottshalk, Clarence Michael, Fred Davis,
Chuck Glasser, Ed Lozo, Paul Jobson, Past Commander Jack
Goode.
Bicycles
(continued from page 1)
right-of-way, people honk at
us and tell us to slow down,”
said Adam Morgan another pre-
licensed youth who uses his
bike to get around.
Many local residents took to
the roads on bicycles in prepa-
ration for the recently complet-
ed triathlon. Bonnie Dombroski
of Dallas was one such rider.
“lI ride around the lake (Har-
vey’'s Lake) and it's pretty
scary,” she said. “Cars go so
fast. I don’t think drivers realize
how dangerous it is to pass a
bicycle too closely. It feels like
you're going to get blown off the
road.” She expressed her con-
cern - about someone “geting
hurt.
“If they would only wait a
couple of seconds, the bicycle
can usually get out of the way.
You know the sign says ‘share
the road.’ ”
The following information
from the Pedestrian and Bicycle
Information Center explains the
notion of sharing the road.
Sharing the Road for Cyclists:
Ride on the right (in the same
direction as traffic); act like a
motorist (the same laws that
apply to motorists apply to cy-
clists); always wear a properly
fitting helmet; ride predictably
(don’t swerve in the road or be-
tween parked cars); be visible
(make eye contact with mo-
torists to let them know you are
there).
Sharing the Road for Mo-
torists: Drive cautiously (reduce
speed when encountering cy-
clists; in inclement weather,
give cyclists extra trailing and
passing room; recognize situa-
tions that may be potentially
dangerous to cyclists and give
them space); yield to cyclists
(cyclists are considered vehicles
and should be given the appro-
priate right of way; cyclists may
take the entire lane when haz-
ards, road width or traffic speed
dictate; motorists should allow
time for cyclists to traverse in-
tersections); be considerate
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(scan for cyclists in traffic and
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dren.
Kocis
(continued from page 1)
five photos, two of which were
nude, he sent to Kocis. Kocis
also gave the boy his phone
number so he could call him.
He also told the boy to check
out his adult gay/bi-sexual
video ordering website.
The next day the boy called
Kocis and they made arrange-
ments to meet near the boy's
house in South Whitehall Town-
ship. “He would take pictures of
me and show me what he did in
his studio,” the boy said. He
said Kocis had told him he was
a pornography dealer. The
teenager told his parents he
was going to Dorney Park for
the day.
Kocis met the teenager and
drove him from Lehigh County
to Wilkes-Barre City, the boy
said. The teenager, who was 15
at the time of the alleged inci-
dents, said he told Kocis his
real age when they were on the
turnpike. “I told him to turn
around if he had a problem
with that (his age),” said the
boy. “He said ‘Oh, these boys,’
and patted my head.”
“I wish you had your driver's
license or permit so you could
drive up here,” the boy said Ko-
cis told him. He said he never
told Kocis or gave him any rea-
son to believe that he was 18
years old.
At Kocis’s house, Kocis
showed the boy a pornographic
tape he had taped with two
males. “He said he wanted to
video tape me,” the boy told the
court. The boy said he allowed
Kocis to tape him.
The boy followed Kocis’s di-
rections, he said, which includ-
ed taking part in sexual activity
together.
Kocis then drove the boy
home and continued to keep in
contact via e-mail and tele-
phone.
The boy said he went to Ko-
cis’s house about two weeks lat-
er because Kocis said he had a
job for him packing video tapes.
The boy said his family was go-
ing on vacation and he wanted
to make some money for the
trip. “He came and picked me
up,” the teenager said.
“I reminded him once again
that I was 15,” the boy said.
When he arrived at Kocis’s
house the two sat and watched
a Showtime program called
“Queer as Folk,” then the boy
said Kocis performed a sexual
act on him.
Kocis then asked the boy if he
wanted a soda and gave the boy
a Pepsi One. The can was al-
ready opened when Kocis gave
it to him, the boy said. About
15 minutes later, the boy said
he felt tired and dizzy. The boy |
said Kocis grabbed him by thegy |
wrist and took him upstairs be-
cause he wanted to have sex.
The boy said once they were
upstairs he told Kocis to stop.
He said Kocis was angry and
went to the basement.
Kocis then gave the boy
videos to pack and gave him
$10. He then drove the boy
back to Lehigh County, the boy
testified.
The boy said after the second
incident he made up excuses
why he couldn't see * Kocis
again.
Fred Rosencrans, Dallas
Township Police officer, testified
he saw the video tape Kocis had
made of himself and the boy.
Rosencrans said he saw sexual
acts occur between Kocis and
the boy on the video tape.
Al Flora, Kocis’s attorney, ac @
gued for the rape charge to be
dropped because the boy knew
he was engaging in these acts
with Kocis. Flora said, “Under
these circumstances, don't
make out a case of rape.”
The testimony of the victim
stating he was taken to Wilkes-
Barre City was another point
Flora argued to try to get thea
case thrown out. He said the
crime could not be established
to have happened in Dallas
Township. He argued the venue
was improper due to the vic-
tim’s testimony.
Jeff Tokach, assistant district
attorney, said the victim was
from out of the area and could
not know the difference of
where he was taken. He also
said the circumstantial evi
dence showed the crimes to
have happened in Kocis’s house
in Dallas Township.
Tupper ruled the rape charge
was an insufficient case be-
cause their was no evidence
from the search of the house.
He dismissed the charge. All
other charges have been bound
over for trial in Luzerne Countygy
court.
Kocis has been free on bail
since the day after his arrest.
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