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Where have all the dollars from casino revenue gone?

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NIAGARA FALLS – When slot machine revenues from the Seneca Niagara Casino started coming to Niagara Falls a decade ago, they enabled the city to improve its crumbling infrastructure, begin development projects and keep taxes low for residents.

But some observers say the revenues also caused the city to become dependent on a stream of money that has proved to be unstable.

The funds haven’t flowed into the city’s coffers in three years because of a dispute between the state and the Seneca Nation of Indians, and residents are upset that those funds are now causing a budget deficit that could lead to layoffs and a large tax increase.

As it stares down a $5 million budget deficit and the possibility of layoffs and a tax hike – and considers whether to accept a bailout from the New York Power Authority – the city could no doubt use the held-up casino revenues.

But for nearly a decade, the city did receive those funds either once or twice a year, and it spent them on a variety of large and small infrastructure, economic-development and public safety projects, according to a Buffalo News analysis. The money was spent on a few large projects and otherwise sprinkled around to a variety of smaller community upgrades, the review shows.

Records show that the city received $69.3 million in casino revenue from the time the casino was built in 2002 until three years ago, when the Seneca Nation began to withhold the payments.

The city was required to pay more than $20 million of that money to other local entities such as Niagara County, the city school district, Niagara Tourism & Convention Corp. and Niagara Falls Memorial Medical Center. The other $48 million in nondiscretionary funds was spent by the city in the following ways, according to records provided by Mayor Paul A. Dyster’s administration:

• $29.1 million on infrastructure improvements such as road paving and capital projects such as the Main Street train station, debt payments on the city’s new courthouse, and for city equipment.

• $13.4 million on economic-development projects such as the new Hope VI housing project, demolition work and a series of planning initiatives.

• $2 million on funding for the police and fire departments and $3 million to make up for budget reduction in tax assessments.

Looking at the city 10 years ago, few would argue that there was a better use of that money than making the infrastructure improvements.

“It looked like hell,” said City Council Chairman Sam Fruscione. “Every article was about the condition of the roads, the condition of the abandoned houses and the closing of defunct hotels.”

It grew so bad, one department head said, that one piece of city equipment was held together with bailing wire.

Casino revenue helped change that, allowing the city to pave more than 200 streets – 90 large ones – and purchase long-needed paving equipment to the tune of $2.6 million.

“One of the sad things here is we were really catching up,” Dyster said. “When I think of the roads that are in really bad shape, it’s a relatively short list, whereas before almost everything was in need of repair and it was easier to tell you what was in good shape.”

Blight-clearing teams also were dispatched to the streets to make the area’s natural wonder look – for the first time in years – at least presentable to tourists.

“Downtown Niagara Falls had such a bad reputation, and it was some kind of combination of blighted and deserted, desolate,” Dyster said. “That was just unacceptable.”

The mayor said he believes that those improvements, particularly in the downtown tourism area, paved the way for larger economic-development projects such as the Culinary Institute Niagara Falls, which the city helped fund, and the development of a redesigned, $44 million Amtrak station and Underground Railroad museum that is still under construction.

“I think we needed some signature projects that were going to be the thing to convince people that we could do projects, because we had a reputation of being unable to get things done,” Dyster said. “Even with casino revenues in hand, the government can’t be the main economic-development driver. The private sector has to take the lead, but I think government making the right type of investment is how you do that.”However, some observers believe that the city may have counted on the money a bit too much, while others criticize the city for using a portion of the revenues for operating expenses. They say the city should have budgeted more conservatively when it had the money so that when a crisis occurred, it was in a better position to deal with it.

“I’ve been around forever and ever, and I’ve never seen [a budget crisis] like this,” Ron Anderluh, president of the Niagara Street Business & Professional Association, told the Council last week. “It’s a shame. We’re not in favor of any more taxes in this city – we just cannot afford it.

“Let’s use this as an awakening, and the next time, when we get all this money from the casino, let’s set this money aside.”

Fruscione says projects that never would have been feasible without the casino profits grew more expensive than first expected, with mounting change orders and consulting fees. One example, Fruscione said, is the Main Street police station, a project that grew from a state-mandated Police Headquarters into a full-scale, $45 million public safety complex with lush judges chambers – in one of the city’s most blighted areas.

“All of a sudden, we have Taj Mahal in the middle of Main Street,” Fruscione said. “It didn’t need to be such a grand thing.”

Economic-development jobs also were taken from the city’s general fund and placed on casino revenues, something that State Sen. George D. Maziarz, R-Newfane, said was never the intention of those who negotiated the casino deal. Dyster has called the positions a “legitimate expense.”

“I think the city has been a little too dependent on the money,” Fruscione said. “It’s like somebody makes a tray of pizza, and sometimes you eat too many slices.”

Councilman Glenn A. Choolokian takes it a step further, saying the city’s financial picture “is worse now than ever in the history of the City of Niagara Falls.” The city should have saved more money when it had the funds, he said, so that it didn’t need to sever ties with city workers now to balance the budget.

“It’s very bad planning,” Choolokian said. “Just because the money is coming in doesn’t mean you have to spend it as fast as it comes in.”

When the Senecas stopped paying the funds three years ago, the city kept on spending – on expenses such as the Economic Development Department; the loss of yearly tax revenue; police and fire service; and debt payments on the police station, by far its largest expense at more than $4 million per year.

It also has budgeted $7 million in “anticipated” casino revenues for next year despite the fact that the casino dispute between the state and the Senecas is in arbitration, and there is doubt about whether the city will receive those funds.

That has angered residents such as Donald A. Supon, who addressed the Council at last week’s budget hearing. “Those are all extra dollars,” he said. “We don’t have that money yet, and we don’t know it will come. Anything funded by that should be an automatic cutout.”

Dyster counters that the city stowed away more than $20 million for rainy-day scenarios such as the current situation in an account called the special projects fund balance. He has called it “unfair” that the city budgeted conservatively and built up a reserve, only to have it depleted by a dispute that it didn’t start and didn’t anticipate.

“I’ve always stated my intent to try to treat casino revenues as much as possible as nonrecurring revenues,” Dyster said. “Instead of borrowing against them to do some big project upfront, you do pay-as-you-go, so if there’s a disruption of revenues, you don’t find yourself in a difficult situation.”

The one exception to that strategy, Dyster said, was the police station, which was developed under then-Mayor Vince Anello.

Anello himself warned that the project could easily become a “blank check” for developers. The yearly debt payment the city needs to make for the police station is now roughly the size of this year’s budget gap.Most lawmakers say the city workforce is at a “bare-bones” level, mirroring the population loss that has occurred since its all-time high of more than 100,000 people half a century ago.

But like other municipalities across the state and nation, the costs of wages, pensions and health care have only ballooned, Dyster has said. Expenses in city government – 80 percent payroll-driven – have gone up by $19 million in the last six years, he added, though the tax levy in the city has actually decreased.

That was made possible by inserting the casino revenue to offset the loss of revenue through the gift of the 50 acres to the Senecas for their casino and hotel, and also housing demolition work, which took more than $1 million off the property tax rolls last year.

Some observers say the casino revenues prevented the city from having to make the hard choices faced by most upstate cities bleeding population and industry. But in the Falls, the day of reckoning has finally come.

“Now it’s time to take a step back, shake the tree and everyone that has their hand out, you cut it off,” Choolokian said. “Now you have to look and re-evaluate this. What is important to the businesspeople and residents of the city? Everyone who wants a project, you can’t do it. This has to be a … lesson.”

To view the casino revenues spent by the city, visit http://blogs.buffalonews.com/niagara_views/.



email: cspecht@buffnews.com

Citizen group hopes for new Congress to sort out ordnance site cleanup

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LEWISTON – The new Congress that takes office in January may hold the key to what, if anything, will be done during the next couple of years with the decades-old chemical and radioactive contamination at the former Lake Ontario Ordnance Works.

Members of the Community Action Council, or CAC, agreed Tuesday to reach out to newly elected and redistricted members of Congress and to their newly assembled staff members to bring them up to speed on the excruciatingly slow progress of cleaning up the mess left behind by the World War II production of TNT and components of the atomic bomb.

The CAC is an independent group of citizens interested in the fate of the old munitions works at the Lewiston-Porter town line. The council has no official status, but the Army Corps of Engineers has provided it with a technical facilitator, Douglas J. Sarno, to help guide it through the maze of regulations that could eventually lead to remediation of the site.

Meanwhile, the Corps contends that residues remaining on the site off Pletcher Road pose no hazard to nearby properties, including the Lewiston-Porter Central School campus on Creek Road.

The consensus among almost everyone on the CAC is that they would like to see “every last scrap” of soil, water and debris removed from the site, but Sarno reminded them that the Corps currently has no money for even a minimal cleanup, and that complete removal may be unachievable.

The facilitator suggested that the group spend the next couple of months getting the local congressional delegation behind a remediation program that would be acceptable to most stakeholders in the community.

The CAC is awaiting the issuance of two more technical memorandums from the Corps to help guide the decision-making process. Those memorandums are tentatively scheduled for release in April and July.

The Corps presented a slide program at Tuesday’s meeting to show technical details of its continuing program that monitors the soil, water and air at the former ordnance works to make sure that no contamination seeps outside its enclosed boundaries.



email: rbaldwin@buffnews.com

Niagara lawmakers table effort to back private casino in Falls

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LOCKPORT – The Niagara County Legislature tabled a resolution Tuesday that would have put the county on record as supporting a private-sector casino in downtown Niagara Falls.

The resolution was introduced by Legislator Kathryn L. Lance, R-Wheatfield, who said it came in response to a measure passed at the Nov. 20 meeting in support of table games at racetrack casinos, including Batavia Downs.

At the time, the Democratic members from Niagara Falls said endorsing “racinos” could be harmful to Niagara Falls.

The city is owed about $60 million in unpaid casino profits that the Seneca Nation is withholding, claiming the state’s push to legalize non-Indian casino violates its compact, which the Senecas say gives it exclusivity in casino gambling.

Lance said there has been “bad faith on both sides.” She said by cutting off Niagara Falls’ money, “the Senecas have ensured that our community bears the full weight of gambling’s social burdens while receiving none of the benefits. We want a more stable gaming system.”

Minority Leader Dennis F. Virtuoso, D-Niagara Falls, said the measure should be put on hold. In the past two weeks, “I was approached by certain people in government who said sensitive negotiations are going on.” He said he didn’t follow through on his pledge to introduce a resolution such as Lance’s because it might harm talks to patch up the Seneca-state rift.

Majority Leader Richard E. Updegrove, R-Lockport, then put in a tabling motion of his own. He said that he had presumed support for Lance’s resolution would be unanimous but that Virtuoso had brought in new information.

“We still have a desire to reap the benefits of private casinos in Niagara County,” Updegrove said.

Also Tuesday, the Republicans removed from the table the renomination of Nancy L. Smith as Democratic elections commissioner, but the Democrats declined to put Smith’s name up for a vote.

The situation gave the legislators an opportunity to shout at each other for the benefit of the cable television audience about how Smith, as Legislator Paul B. Wojtaszek put it, “lied” about why Lawrence V. Soos was fired from the Board of Elections.

In a closed Administration Committee session Nov. 27, Smith apparently denied that Soos was fired after being directed to attend the Oct. 1 Democratic reorganizational meeting as a county employee, as long as he didn’t speak out.

Soos, the former North Tonawanda mayor, spoke against the candidacy of Nicholas J. Forster, who was elected party chairman that night. He was fired from his county job the next day by Smith, who, according to Soos, told her she had been directed to do so by Forster.

Wojtaszek, R-North Tonawanda, said Smith “violated the public trust. She, plain and simple, lied to the committee.”

Virtuoso bellowed, “You’re using powerful words. You’re an attorney. You know better.”

Smith’s nomination can be ratified by the Democratic lawmakers alone after a 30-day time limit expires Dec. 19.



email: tprohaska@buffnews.com

Graduation marks return of DARE to N. Tonawanda

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The Niagara County Sheriff’s Office Drug Abuse Resistance Education (DARE) program has returned to the North Tonawanda School District, and the first class of fifth-graders will graduate at 1 p.m. today at Meadow Elementary School.

The class will be escorted in by the sheriff’s honor guard and will be honored by Sheriff James Voutour, North Tonawanda Police Chief Randy Szukala, Mayor Robert Ortt and County Legislator Paul B. Wojtaszek, R-North Tonawanda.

The Sheriff’s Office and North Tonawanda school officials worked together to return DARE to the school after several years without a program. The class was taught by Deputy Scott Gebhardt, who taught this first class of DARE students.

East Aurora teacher arrested with crack had 3 misdemeanor convictions

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East Aurora school officials expressed shock Wednesday at the arrest of a high school teacher on drug charges and said they had been unaware of at least one of his previous brushes with the law.

District officials said they did not learn of the arrest of Ryan J. Ellis, a technology teacher and golf coach, until Tuesday afternoon, more than 18 hours after police stopped his car at Goodyear Avenue and East Ferry Street on Buffalo’s East Side and allegedly found a small amount of crack cocaine.

Ellis, 36, of Meadowbrook Drive, North Tonawanda, was arraigned Tuesday in Buffalo City Court on a misdemeanor count of criminal possession of a controlled substance. He was placed on a paid leave of absence Wednesday after meeting with administrators.

In a prepared statement, the district said Ellis is not teaching any students. The statement also indicated that officials learned for the first time this week about Ellis’ conviction for misdemeanor drug possession in 2000 in connection with a party he attended where a fatal drug overdose occurred. He began working in the East Aurora schools in 2003.

The district started an internal investigation into the matter Wednesday and said Ellis will remain on leave while the investigation continues. District officials also said they are working with law enforcement and have advised the state Education Department of the criminal matter.

In an interview late Wednesday afternoon, School Superintendent Brian D. Russ said the district had no knowledge of Ellis’ 2000 conviction before he was hired.

Records show Ellis pleaded guilty to seventh-degree criminal possession of a controlled substance. He was one of several people charged with bringing the drug Ecstasy to a North Tonawanda party where a man died from a drug overdose.

Ellis was sentenced in 2001 to three years of probation and 200 hours of community service.

Russ said Ellis was fingerprinted while applying for his job, as is standard practice for those hired to work in a school, and was cleared for employment in 2003 by the state Education Department.

“[The Ecstasy case] was never brought to our attention as he went through the finger- printing process,” Russ said. “We didn’t have any [background] on that. Nobody had any knowledge of the first offense.”

Of Ellis’ arrest Monday, Russ said: “We were shocked to learn of this. It’s just so terribly disappointing for everyone involved – the community, our parents and especially the kids. It’s a terrible shame.

“But he hasn’t been convicted, so we have to work through the process,” added Russ, who was not superintendent of East Aurora at the time Ellis was hired.

A lingering question is whether the district knew of Ellis’ two subsequent convictions for driving while intoxicated. District officials did not comment on that point Wednesday.

Ellis pleaded guilty in Amherst Town Court to driving while intoxicated in 2006, according to court records. He was given a conditional discharge and his license was revoked.

In 2009, he pleaded guilty in Tonawanda City Court to DWI. Again, he was given a conditional discharge and saw his license revoked, according to court records.

A high school senior who attended the Wednesday night School Board meeting said afterward in an interview that she was surprised by Ellis’ arrest record, but she praised him as a good teacher.

Mary Luellen had Ellis as a teacher last year.

“He was really nice and funny,” she said. “He didn’t seem like that kind of a guy. Not at all. Not, at least, in school.”



email: mbecker@buffnews.com and krobinson@buffnews.com

Violent past ends in suicide of man in Lockport standoff

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A man who shot his wife in the face Wednesday – before holing up in his Campbell Boulevard home in the Town of Lockport with their 3-year-old daughter, then killing himself – had a violent history of crimes against women.

Morris Tucker, 44, whose body was found in the afternoon following a terrifying three-hour ordeal, had spent seven years in prison after the fatal shooting of a Lockport woman in 1998. He also had been a suspect in the stabbing death of a teenage girl in 1984.

Tucker shot Jenipher Behm Reese, 32, a mother of two young boys, in the head with a small-caliber pistol on Oct. 3, 1998. She was on life support for six days before she died.

The following year, Tucker pleaded guilty to a reduced charge of attempted first-degree assault in the shooting.

In addition, he had been identified as a suspect in the 1984 stabbing death of 13-year-old Michelle Kasperek in Buffalo. The teen was found nearly decapitated near the old Cardinal Dougherty High School.

Tucker submitted to DNA tests while in prison for Reese’s shooting.

The results of those DNA tests were not clear Wednesday, but he was never charged in the Black Rock teen’s death, according to his former attorney, Joel Daniels. The gruesome case remains unsolved.

Some of the circumstances of what happened Wednesday in a rural portion of Niagara County mirror those earlier cases.

A female driver saw a bleeding woman running out of a house at about 9:45 a.m. in the 5700 block of Campbell, between Hinman Road and Route 31, at the border with Cambria.

The bleeding woman, later identified as Tucker’s wife, LeAnne, 40, was taken to Erie County Medical Center, where she was listed in critical condition Thursday morning.

As his wife was transported from the crime scene, two SWAT teams of Niagara County sheriff’s deputies, Lockport police and state troopers surrounded the house. A Border Patrol helicopter hovered overhead.

Niagara County Sheriff James R. Voutour told reporters at a command post on Route 31 late Wednesday morning that the shooter was believed to be the woman’s husband. He was described as a man in his 40s, heavyset and heavily tattooed.

Voutour added that he believed the gunman could be watching news reports about the incident.

At about 1 p.m., police used a bullhorn to coax the young daughter out of the house. She was able to tell officials some of what had happened.

Police then sent in a remote-controlled robot camera that found the man’s body next to a rifle. Authorities said he appeared to have died from a self-inflicted gunshot wound.

Tucker is believed to have killed himself shortly after shooting his wife, Voutour said.

The sheriff acknowledged that meant the couple’s daughter was inside the house alone with her dead – or dying – father for three hours before police got her out.

“She probably witnessed something tragic,” Voutour said. But, he added, she seemed to be in good spirits and was even smiling after she was taken to safety by officers. “She’s doing great,” he said.

By happenstance, one of the SWAT members was the girl’s pediatrician. He examined the girl, Voutour said, and determined she had not been physically harmed.



email: nfischer@buffnews.com and mbecker@buffnews.com

Youngstown doctor denies drug allegations

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A Niagara County emergency room doctor who was arrested on a federal misdemeanor cocaine charge denies the allegations and denies using drugs, his attorney said on Wednesday.

Dr. Daniel Gillick, 62, of Youngstown, is a “good doctor, a caring and compassionate man, who has saved lives and helped countless people,” said his attorney, Frank M. Bogulski. “He denies these charges, and my own investigation indicates he is innocent.”

Bogulski’s statement was the first public comment made in behalf of Gillick, who was arrested on Nov. 27 by the U.S. Drug Enforcement Administration and other police agencies. Police accused the doctor and a young woman who was staying with him of possessing crack cocaine in the doctor’s home.

Gillick, a longtime physician who has served in the emergency rooms of hospitals in Western and Central New York, has not worked since his arrest and wants to clear his name, the defense attorney said. He said Gillick was released from jail after posting a $5,000 bond two days after his arrest.

Officials of the DEA and the U.S. Attorney’s office said Gillick is the subject of an ongoing investigation.

North Tonawanda man avoids jail in felony DWI case

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LOCKPORT – A man who, according to his attorney, went out and got drunk after being told he might have pancreatic cancer, was placed on five years’ probation Wednesday and ordered to serve 30 days in the Niagara County work program.

“You’re one little toe, one step, out of jail,” State Supreme Court Justice Richard C. Kloch Sr. told David R. Petrea, 39, of Wright Avenue, North Tonawanda, who had pleaded guilty to felony driving while intoxicated.

Petrea picked up his third DWI in the past 10 years on April 12 after his car struck a mailbox on Sweeney Street in North Tonawanda and left the scene. Police measured Petrea’s blood alcohol content at 0.32 percent, four times the legal threshold for intoxication.

Defense attorney Paul Mathias said Petrea had just been told he had spots on his pancreas that might be cancerous. He said Petrea also has diabetes, coughs up blood and is allergic to wheat products.

Driver in fatal Niagara County crash mulls plea offer

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LOCKPORT – The driver whose speeding car smashed into a tree on the Tuscarora Indian Reservation on Aug. 19, inflicting fatal injuries on a passenger, was given a plea offer Wednesday and was told to return to Niagara County Court Jan. 2 to take it or face possible indictment.

Pierce L. Abrams, 21, of Printup Road on the reservation, was offered a chance to plead guilty to second-degree vehicular manslaughter and misdemeanor driving while intoxicated. The charges would carry a maximum seven-year prison term, Deputy District Attorney Theodore A. Brenner said.

“We’re considering it,” said defense attorney Joel L. Daniels, who asked County Judge Sara Sheldon Farkas for the four-week delay. Farkas ordered Abrams to surrender his driver’s license and allowed him to remain free on his own recognizance.

Lewiston police reported that Abrams’ 2008 four-door Suzuki was speeding west on Mount Hope Road just east of Green Road at about 4:45 a.m. Aug. 19. The vehicle crossed the road, struck a ditch, a culvert and a small boulder, and became airborne before striking the tree and overturning. Passenger Kyle Atkins, 22, of the reservation, died of his injuries Aug. 24 in Erie County Medical Center.

Drug dealer, missing six years, is sent to jail

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LOCKPORT – Johnny W. Collins, a Niagara Falls cocaine dealer who absconded in 2006 while on interim probation instead of showing up for final sentencing, was ordered to Niagara County Jail for a year Wednesday.

“Originally, this probably would have been a probation case,” County Judge Sara Sheldon Farkas said.

Collins, 56, had pleaded guilty in 2005 to fifth-degree criminal sale of a controlled substance and was placed on one year of interim probation by then-County Judge Peter L. Broderick Sr. on Jan. 19, 2006. Collins had admitted selling cocaine in the Falls on May 14, 2005.

Falls robbery suspect will take plea deal

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LOCKPORT – Paul J. Schubert, the suspect in a series of armed robberies this fall in the Niagara Falls area, will enter a guilty plea next week, it was announced Wednesday in Niagara County Court.

Court-appointed defense attorney David J. Mansour, who worked out the deal, told County Judge Sara Sheldon Farkas that Schubert wants another attorney, Arthur E. Jackson, to accompany him next Wednesday for the plea.

Jackson already is representing Schubert on an unrelated drug case.

The offer is for Schubert to plead guilty to two robberies in exchange for Farkas’ promise not to give him more than 10 years in prison, plus another two and a third to seven years on the drug charge.

Schubert, 21, of Townsend Place, Niagara Falls, balked at the plea last week, alleging that Mansour told him he wasn’t being paid enough to get him a better deal. Deputy District Attorney Doreen M. Hoffmann said Schubert could be indicted on five or six robbery charges, each carrying a 25-year maximum sentence.

Man to serve one year in Falls knifing

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LOCKPORT – Lawrence G. Congi, who washed out of court-supervised mental health treatment because of his cocaine addiction, was sentenced to a year in jail Wednesday for knifing a man a year ago in a Niagara Falls motel.

Congi, 41, of Niagara Falls Boulevard in the Falls, had pleaded guilty in February to third-degree assault and was assigned to Niagara Falls mental health court.

But Niagara County Judge Sara Sheldon Farkas said Wednesday, “Your addiction to cocaine is so powerful, any medication you received through mental health court wasn’t going to be effective.”

The 33-year-old victim suffered a six-stitch cut over the eye in the Dec. 9 incident in the Memory Lane Motel on Niagara Falls Boulevard.

Falls burglar draws a year behind bars

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LOCKPORT – Asad R. Hixon, 21, of Dudley Avenue, Niagara Falls, was sentenced Wednesday to a year in Niagara County Jail for his role in a burglary two years ago.

Hixon had pleaded guilty before County Judge Sara Sheldon Farkas to a reduced charge of attempted third-degree burglary for taking part in the Dec. 9, 2010, break-in at a home on Cayuga Drive in the Falls.

He was one of three men charged in the case. Joseph L. Burton, 22, of Ely Avenue, is awaiting sentencing in Niagara Falls City Court, and a 20-year-old Buffalo Avenue man, who was 18 at the time of the crime, was granted youthful offender status.



Town of Lockport residents blast Lafarge quarry expansion pitch

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LOCKPORT – The Town Board delayed action Wednesday on a proposal to permit expansion of Lafarge North America’s current stone quarry along Hinman Road, in the face of uniform opposition from a large crowd of residents.

About 75 people attended the public hearing on a proposal to create a section of the town zoning ordinance that would allow Lafarge to move the border of its existing stone pit 162 feet closer to the north side of Hinman Road.

The quarry now ends 300 feet from the road. The strip of mining that would be allowed by the expansion of the current pit would be about 4,000 feet long.

The expansion would keep Lafarge’s current south pit operating for another year and a half to two years, area manager Perry Galdenzi said.

“The aggregate we’re mining there is deteriorating, and no longer meeting the [Department of Transportation] requirements for ready-mix and asphalt,” he said. “If we can’t provide DOT products, we’re basically not in business.”

He said that would throw 46 people out of work and increase everyone else’s taxes.

“We have to decide if this particular change is going to be a big change to everybody’s quality of life,” Town Supervisor Marc R. Smith said. He didn’t give the audience a date to expect a vote.

The speakers, residents of Murphy and Hinman roads, said the blasting, truck traffic, asphalt fumes and scattered stones already imperil their quality of life.

“My house shakes, and I’m a mile and a half away,” said James Mulrenin, who lives at Hinman Road and Campbell Boulevard. “The values of our homes are going to go down. We all know this. All this should not happen.”

They also warned about Lafarge’s long-term expansion plans, made apparent by the company’s acquisition of properties on both sides of Hinman Road.

“It does not a take a genius to figure out what the plans are for the future,” said Claudette Lemieux of Murphy Road.

Galdenzi didn’t deny that Lafarge has plans to open up new quarry pits. He said those would require plenty of review and red tape by the state Department of Environmental Conservation, but the strip the company is asking for now is within the boundaries of its current DEC mining permit.

“We sit on the patio, and all we hear is the crusher going all night,” said Pete Frawley of Murphy Road.

He said everyone in the neighborhood knows that the daily blast at 10:58 a.m. may knock things off the walls.

Many speakers complained about cracks in walls, ceilings, foundations and driveways that they blame on the blasting.

Lafarge attorney Kevin Brown said the blasting is monitored in accordance with government regulations. He said, “If we do expand [beyond the current pit], there will be pre-blast surveys.”

As for current damages, Brown said. “If it’s reasonably caused by the blasting, the company will always make it right.”

Smith said he’s been dealing with one resident who’s been complaining about blast damage for years, but the results of a geological survey were inconclusive and he received no compensation.



email: tprohaska@buffnews.com

Clerk charged with stealing lottery tickets

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WHEATFIELD – A North Tonawanda man employed as a convenience store clerk was charged after a store manager said she saw him on store security taking lottery tickets from a display case.

Zachary A. Roberts, 18, of Lindsay Place, was charged with petit larceny by Niagara County sheriff’s deputies just after 4 p.m. Tuesday in Matty’s Food Mart, on Forest Parkway.

The store manager showed deputies store security video from Nov. 27, which allegedly showed Roberts standing behind a counter, removing lottery tickets, then placing them in a plastic bag inside a small garbage can behind the counter. Roberts then left the store with garbage can containing the stolen tickets, deputies reported. A total of $250 worth of tickets were removed.

Roberts told deputies that he remembered taking the tickets and when asked what happened to them he said, “I gave them to a friend,” deputies reported.

Lockport seeking new budget consultant

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LOCKPORT – Richard P. Mullaney’s 30-year tenure as city budget director may be coming to an end.

The Common Council voted Wednesday to issue a request for proposals from those interested in serving as part-time budget consultant.

That vote came after the aldermen interviewed a candidate for the job, Craig E. Speers of Buffalo, who retired in 2010 after 36 years auditing municipal budgets on the Buffalo staff of the State Comptroller’s Office.

“Craig Speers is definitely a top consideration for us,” said Alderwoman Anne E. McCaffrey, R-2nd Ward.

She said Speers “comes highly recommended” by Samuel F. Iraci Jr., the former Buffalo deputy mayor who is now serving as the city’s part-time labor negotiations consultant.

“Just about every municipality in this county I’ve helped, budgeted, audited,” Speers said. “My sector with the State Comptroller’s Office was Niagara and Orleans counties.”

Mullaney worked on his 30th city budget this fall. He retired as city clerk and budget director at the end of 2011 but signed a one-year, $12,000 consulting contract to work on the budget.

Asked if the Council is willing to spend more than $12,000 for budget help, McCaffrey replied, “I guess it depends on the qualifications.”

“It’s not a shot at Dick [Mullaney],” Mayor Michael W. Tucker said. “Dick’s done a bang-up job and continues to do a bang-up job. He’s been an invaluable employee.”

Tucker denied there was friction between Mullaney and the Council during the budget process.

“Not a bit. I think they just need some fresh eyes,” the mayor said.

Facing the potential of a major tax increase or layoffs as all five city union contracts were expiring, the Council passed a budget Nov. 21, six weeks after the date specified in the City Charter.

The spending plan avoided a tax increase by assuming that the unions would make major concessions on benefit costs and by drastically cutting overtime allocations to figures that have not been achieved in more than a decade.



email: tprohaska@buffnews.com

Council agrees to spend $140,00 for compost agitator

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LOCKPORT – The Common Council agreed Wednesday to buy a $140,000 replacement compost agitator from Siemens Industry for the city composting plant.

Alderman Patrick W. Schrader, D-4th Ward, said $132,000 of the cost was accounted for in this year’s city borrowing.

The Council also voted to install a 20-foot guardrail at the southern end of Pine Street, a T-intersection with Lincoln Avenue. Tucker said the homeowner there put up a wall to protect his house, and the wall has been struck by vehicles 17 times.

Pavilion Drainage Supply Co. will be paid $3,906 for the guardrail.

Also approved was the sale of a vacant city-owned lot at 137 Elm St. to neighboring property owner “Sugar Ray” Robinson for $1,000 and a special-use permit allowing a Hertz car rental office to open in the Benderson Development plaza at South Transit and Summit streets.

Wilson holiday home tour features Pan Am 1901 house

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WILSON – A home built for the Pan Am Exposition in 1901 will be one of five residences featured when the Wilson Free Library hosts its third annual Christmas Tour of Homes at noon Saturday.

The tour this year also will take ticket-holders through a home built in 1927 for a young woman while she was on her honeymoon; an older home built on a parcel of one of the area’s historic farms; a recently-built home overlooking Twelve-Mile Creek; and another creek-side home that underwent extensive renovations just last year.

Tickets are $20 and include refreshments in the library’s community room and are available at the library, at town and village offices, Wilson’s Lakeside IGA and the Garden Gate Gift and Florist. Proceeds benefit the Wilson Free Library. For more information, contact the library at 751-6070.

Sabo questions school field-trip policy

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SANBORN – The president of the Niagara Wheatfield School Board would like to refine the district policy on field trips.

President Steve Sabo on Wednesday night said although there have been no specific problems, he wanted the policy to be changed so that board members would be aware when students are away on day trips. Currently, the policy allows both elementary and secondary classes to go on field trips during the school day without board approval or notification.

Sabo said he wanted the board to be notified as a standard procedure.

Also, he said the board should have a pre-approved list of places students could go on field trips. He said the list would include places that have been most frequented without any difficulties, such as Becker Farms in Gasport.

Acting School Superintendent James Knowles said he would prepare a list of all the places students have visited in the past and present it to the board for discussion.

Sabo noted that it was necessary for the board to review and adjust all district policies periodically.

In another matter, the board congratulated 11 seniors who received academic scholarships.

Awarded $1,500 a year for four years by the state Regents Board were Josh Miller and Kirsten Scherrer. Named to receive $500 a year for four years were Francesca Viola, Nicole Golias, Daniel Miera, Kali Ryan, Mary Warne, Marissa Watroba, Rachel Szeliga, Rachel Coddington and Todd Phillips.

Also honored were Jack Buddenhagen and Danielle Crocoll, who were chosen for the National Association for Music Education All-Eastern Honors Ensembles for a regional performance next spring at the Bushnell Center for the Performing Arts in Hartford, Conn. Niagara-Wheatfield has not had a student chosen to participate in the program in almost 20 years, it was noted.

Falls officer faces assault charge in Darien concert incident

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A charge against a veteran Niagara Falls police officer accused of attacking a woman at a Darien Lake concert last summer has been upgraded from harassment to assault.

Kelly Alcorn, 47, of Grand Island, was arraigned Wednesday in Darien Town Court on a misdemeanor third-degree assault count and has been suspended from her job because of the more serious charge, authorities said.

She pleaded not guilty in court to the higher charge and was released on her own recognizance. She is scheduled to return to court Feb. 26.

Her attorney, Norman Effman, told The Buffalo News that the Genesee County District Attorney’s Office had offered a plea deal, which Alcorn rejected.

Although Alcorn is now charged with misdemeanor assault, he said that prosecutors told him they intend to take the case to a grand jury and pursue a felony charge.

If convicted of a felony, Alcorn automatically would lose her job.

“Her job is in jeopardy even as a misdemeanor,” Effman said.

“The next step is up to the prosecutor.”

Should the case go to a grand jury, her lawyer said, Alcorn would be contacted and given the opportunity to testify, in private, before the grand jury.

“A grand jury can indict on what the district attorney is requesting, which may be a felony, or it can continue as a misdemeanor, or after hearing the evidence, it can decide that there is insufficient evidence to indict,” Effman said.

Alcorn is accused of striking a woman during a sold-out country music concert Aug. 25 at Darien Lake.

Prosecutors upgraded the charge based on the allegations of Elizabeth Dake, of Farmington, who told authorities – and wrote to The News – that Alcorn attacked her in an unprovoked, brutal and merciless way, which resulted in a concussion and bruises all over her body.



email: nfischer@buffnews.com
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