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Adoptions likely for Pomeranians seized at Lockport home

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The SPCA of Niagara has taken ownership of 64 Pomeranians that were seized Saturday from a woman who is due to appear in court tonight to answer charges that she was running a puppy mill out of her Lockport home.

SPCA Director Amy Lewis said most of the dogs are in relatively good condition and all should be well enough to be adopted. In fact, there might be more demand than supply; she said that in a three-hour period Monday,the shelter received 90 calls from people asking to be put on a waiting list to adopt one of the dogs. The animals range in age from two weeks to 9 years old.

The owner of the animals, Ellouise M. Magrum, 50, agreed to turn over the dogs in order to work out a solution that might get her a more lenient sentence and would be in the best interest of the dogs, Lewis said.

Magrum previously bred shelties and Pekingnese dogs for about 16 years, according to Lewis. She was not charged with animal cruelty in this case but does face a number of town code violations related to the business she was operating in her South Royal Parkway home.

“Though this was out of control, in a few weeks it could have been much, much worse for these dogs,” Lewis said. “The smell of urine and feces was overpowering.”

The dogs were found in the house and garage when Niagara County sheriff’s deputies were called to the residence on an unrelated juvenile issue at 4:30 p.m. Saturday. Town of Lockport Building Inspector Brian Belson said Monday that the house will need to be scrubbed clean by a professional cleaning company before anyone can move back in.

Belson said the home has been a problem for years, but police were unable to enter the house without grounds for a search warrant.

“As soon as I got the call that night I knew exactly what house they were talking about,” Belson said. “She had shelties before and got rid of them. She’s kind of complied and just squeaked under, but this got out of control.”

According to a website, Magrum was running RCE Royal Poms, selling dogs for between $200 to $400 out of her home.

Belson, who called the site a “puppy mill,” said more than half of the house was taken up by dogs.

No kennels and no more than three dogs are permitted in a residential zone, and Magrum was cited for operating a kennel, operating a nonpermitted business, unsafe building and unsanitary conditions. She was additionally charged with the violations of harboring dogs, unlicensed dogs, failure to license dogs and excessive barking.

She is scheduled to appear in Lockport Town Court tonight.

Lewis praised the people who helped care for the dogs after they were removed from the home.

“It was an incredible turnout. We had four vet techs, a veterinarian and a whole slew of volunteers who are working on bathing the dogs,” Lewis said. “It’s really cute. We have some fluffy little baby Pomeranians who are being blow-dried.”

She said medical and behavioral evaluations are being done on the animals, but she expects all of them to be adoptable. Calls to adopt dogs and puppies and be put on a waiting list are being accepted at 731-4368.

The shelter also is looking for donations of puppy chow, puppy pads, newspapers and monetary donations at the Niagara County SPCA, 2100 Lockport Road, Wheatfield.



email: nfischer@buffnews.com

Falls leaders recommend 'Vegas style'

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Any plans to build a new casino in Niagara Falls should focus on building a large, destination-style gambling complex like those in Las Vegas, several government and business leaders in the city said Monday.

Vegas, famous for its bright lights and glitzy casinos, has evolved to include more family-friendly attractions, including roller coasters, aquariums and theme parks – all weak points when it comes to tourism offerings on the U.S. side of the Falls.

“We don’t have all of things that go along with a tourist industry, as far as family entertainment and other things,” said Niagara Falls Block Club President Roger L. Spurback.

To truly benefit the city’s development strategy, observers say a new casino also should incorporate the opposite of the Seneca Niagara Casino, which critics have derided as a “black box” that gives gamblers little reason to venture outside.

A new casino on non-Indian land could spur the type of high-end hotels, family-style restaurants and secondary attractions the Falls so sorely lacks – and ones that would pay taxes.

Perhaps most importantly, a new casino could yield the state – and possibly the city – three times the amount of slot machine profits it receives from the Senecas.

“This could be the win-win that we’re looking for,” Spurback said. “[I’ll] never say no to someone who wants to bring jobs, who wants to bring new tax revenue we didn’t have before.”

Talk of a second casino in the Falls was fueled over the weekend when the administration of Gov. Andrew M. Cuomo signaled his desire to add a non-Indian casino on the American side of the Falls.

It’s too soon to know if Cuomo’s vision will become a reality, but that hasn’t stopped Niagara Falls from thinking about the possibilities.

Cuomo’s plan is seen by many as the latest move in the state’s chess match with the Seneca Nation, but Falls community leaders say the idea isn’t far-fetched.

In fact, they say depending on how it’s done, a new casino could be just what the struggling city needs.

“Sometimes competition is beneficial,” said State Sen. George D. Maziarz, R-Newfane. “There are two casinos on the Canadian side. I think it would all depend on private investment.”

Others caution that pinning the city’s hopes on a new casino is the type of gamble that got Niagara Falls in trouble in the first place.

“I think it’s insane,” said longtime historian Paul Gromosiak. City leaders, he said, should “spend as much time trying to locate quality industries here as they do trying to get daredevils and casinos.”

If anything, talk of a second casino rising in the Cataract City has raised the city’s hopes of attracting a developer to its largest strip of blighted downtown land.

That once-vibrant stretch sits at the city’s main entrance, making up nearly half of the downtown core and is now an eyesore to incoming tourists.

The more than 140 acres of undeveloped property is owned by Manhattan billionaire Howard P. Milstein, the State Thruway Authority chairman who was appointed by Cuomo. While Milstein’s close ties to the governor have not resulted in any development proposals thus far, talk in Niagara Falls immediately turned to Milstein’s properties when word of a non-Indian casino surfaced Sunday.

That’s because the development zone he has cobbled together downtown seems to be the most logical place for the type of destination casino complex favored by Cuomo, some say.

Most of the land sits unencumbered and could benefit from easy access to the Robert Moses Parkway and Interstate 190.

“Its very easy to say where they would put it,” Spurback said “They’d put it on Mr. Milstein’s property.”

Some regional real estate observers say new casino development could help the city – but only if it is done the right way, spinning off private development and benefiting the local community financially in a more dependable way.

The Senecas and the state have been at impasse over the gambling exclusivity rights given the Indian nation across Western New York as part of its gaming compact. The nation says the state has violated the compact by allowing gambling at “racinos” in the region, and it has withheld about $500 million in gambling proceeds earmarked for the state. More than $60 million of that money has been withheld from Niagara Falls.

Also, a decade after the Seneca Niagara Casino opened, the streets surrounding the gambling center have seen little of the gleam and financial success of the Senecas’ tax-free venture that plays by a different set of business and regulatory rules. The city’s nearby entertainment district continues to struggle, and residential streets are marked by a declining housing stock and dotted with vacant lots.

Still, others say there are shortfalls to the idea of another casino in Niagara Falls.

Chief among them is doubt about whether the market can hold another gambling complex, especially since there had been talk in recent years of closing one of the two casinos in Niagara Falls, Ont., because of dwindling business. Over the past decade, profits from Canadian gaming facilities close to the U.S. border have dropped from $800 million to $100 million, and resort-casinos alone have declined by more than $600 million, Canadian officials said last year.

There’s also the question of whether a new casino in Niagara Falls could truly be considered a destination – especially with three existing casinos in Western New York, two in Southern Ontario and at least three more upstate gambling halls on the way, said Steven H. Siegel, associate professor in the College of Hospitality and Tourism Management at Niagara University.

Perhaps the most unsettling potential consequence of the new casino plan is what would happen to the Seneca casino if a non-Indian casino was built, said Siegel, who studies the effect of Indian gambling on the hospitality industry. If profits from the Seneca Niagara Casino dwindle with new competition, the Senecas could opt to develop a host of tax-free businesses on the 50 acres of sovereign downtown land they would still own, including gas stations, cigarette shops and traditional retailers.

“We gave away a big piece of Niagara Falls that can be used for any purpose or no purpose,” Siegel said. “They could just use it to wreak havoc if the governor was unfair to them.”



email: cspecht@buffnews.com

Indignation high as citizens oppose cuts to Falls block clubs, art center

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NIAGARA FALLS – A groundswell of public indignation over the City Council majority’s plan to reduce or eliminate funding for a city arts center and the city’s block clubs swept through City Hall on Monday night, as more than 40 irate residents signed up to speak against the planned cuts.

A capacity crowd of about 200 packed Council Chambers to support continued funding for the Niagara Arts and Cultural Center and for the Niagara Falls Block Club Council.

Standing ovations, cheers and vigorous applause greeted many of the citizen speakers, while members of the Council listened mostly in silence.

The Council voted, 3-2, recently to reject Mayor Paul A. Dyster’s proposed appropriations agreements with the Block Club Council and the arts center, frequently called the NACC. Council Chairman Glenn A. Choolokian and Council men Robert A. Anderson Jr. and Sam Fruscione voted against the appropriations. Councilman Charles A. Walker and Councilwoman Kristen M. Grandinetti voted in favor of them.

Among the first dozen speakers, as Monday’s meeting continued into the night, not a single one supported the action by the three-member majority.

Roger L. Spurback, president of Neighborhood Watch and a leader of the Block Club Council, told the three-member majority, “Your actions send the message that the good taxpaying volunteers who do good work for no pay and no benefits are being laid off in a day’s notice although they’ve accomplished great work. …

“We are defined by the greater good we have accomplished in getting houses demolished; crime and blight identified; parks improved; and bad landlords brought to justice in Housing Court.”

Responding to earlier criticism that the Block Club Council spent money to serve coffee and doughnuts at some of its events, Spurback told Council members:

“We will agree not to have coffee and doughnuts if you also give up your taxpayer-funded meals between the 4 o’clock and 7 o’clock City Council meetings. Let’s all row the boat in the same direction.”

Norma I. Higgs, treasurer of the Block Club Council, said that the block clubs were the first recipients of the National Sheriffs’ Association Award and that they received awards of excellence from the State Attorney General’s Office and others.

“We clean garbage and graffiti from the streets. We have established community parks. … Between clean sweeps, neighborhood events, block club activities and our day-to-day work, we have added thousands of dollars in sweat equity to this city,” Higgs said.

Gary Wolf, a resident artist at the NACC, called the center “a multifaceted jewel that would be the envy of any city.”

“It is one of the greatest assets the city has to offer,” Wolf told Council members. “You should double their contribution, not reduce it.”

Cindy Duke, speaking for the Greater Niagara Area Ballet Company that rents a dance studio in the basement of the NACC building, told the three Council members, “Shame on you.”

Late Monday, the City Council voted 3-2 against funding for the NACC. Choolokian, Anderson and Fruscione voted against the funding, while Walker and Grandinetti voted for it.

The five-member Council voted unanimously in favor of the $2,500 funding for the Block Club Council, although its original appropriation was supposed to have been $10,000. City Hall sources said Walker and Grandinetti still supported the larger amount, but they reluctantly voted for the $2,500 appropriation because otherwise the block clubs would have received nothing.

Mayor Paul A. Dyster said after the votes were taken that “many of the citizens who spoke at the meeting suspected that political motives were behind that action, and I think they may be right. If there are political motives, I wish the Council members wouldn’t take them out on the people of the community.”

The mayor said the outpouring of people who made their wishes known to the Council “are shocked, disappointed and angry.” He said many of them thought that taking their message to the Council was the democratic way of influencing government decisions.



email: rbaldwin@buffnews.com

State action needed soon for WNY roads

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ALBANY – If state officials are sincere about fixing problems that have stalled tens of millions of dollars worth of road and bridge rehabilitation work in Western New York, then legislators and industry officials say it will have to be a quick reaction from Albany – as in the next several weeks.

The state’s fiscal year ends March 31, and that’s the deadline for the state to advertise for bids if contracts for the projects are to be awarded.

Word of the delays came to light Thursday at a state transportation hearing when State Sen. Timothy M. Kennedy, a Buffalo Democrat, questioned Transportation Commissioner Joan McDonald about why $94 million in projects promised for the region in the 2012 fiscal year have not happened.

The state Department of Transportation puts the dollar amount of projects at a lower figure than Kennedy’s and insists it is up to date on the projects it manages.

Kennedy’s office, with the assistance of a coalition of construction companies and construction unions from Western New York, provided highlights of some of the road and bridge work delayed by bidding and design problems:

• Rehabilitation of three bridges over the Kensington Expressway totaling about $6 million.

• Repaving the Youngmann Highway in Amherst and the Town of Tonawanda, valued at $5 million.

• Repaving the Kensington Expressway, from the Elm/Oak exit in Buffalo to the Harlem Road exit in Cheektowaga, valued at about $9.5 million.

• Replacing the I-190 bridges over Buffalo Avenue in Niagara Falls. A DOT document puts the cost of the work at $7 million, but Kennedy says it would cost $20 million.

• Construction of a “Millennium Parkway” in Dunkirk, worth $5 million.

• Construction of a bridge to carry Routes 5 and 20 over Cattaraugus Creek, a $16 million project.

The stalled work also includes numerous other smaller projects involving road repairs, landscaping and painting bridges.

If history is a guide, the money set aside for the 2012 fiscal year projects will be rolled into next year but counted against any increase that the region might be eligible to receive, lawmakers and industry groups worry.

That means, if the region is eligible for $100 million in the 2013 fiscal year, only $10 million in new projects will be added because $90 million was not spent from the previous year, they say.

And that would only compound the problem the region has faced the past several years when it has not received its share of state money. The region’s share should total about 10 percent of the total state transportation capital spending.

The DOT did not specifically answer questions about what happens to money set aside in the 2012 fiscal year that is not awarded or spent.

But Cuomo administration officials said the money set aside for any delayed projects would not count against what the region would be eligible to receive in the coming year’s allotment of road and bridge construction funding.

The stalled funding comes from two pots: the DOT’s capital account and the NYWorks program, a much-touted effort by Gov. Andrew M. Cuomo to help spur economic development.

“We look at it as the NYWorks did not work in Region 5,” Alan Pero, president of the Fair Apportionment of Infrastructure Revenue, told lawmakers in a hearing last week, referring to the DOT region number for Western New York.

In a later interview, Pero said unemployment among the area’s road construction workers topped 20 percent during the 2012 season. When both the DOT funding pot and the NYWorks program are added together, he said, the region was promised about $300 million in road construction projects last April.

“If that money had been on the street, we would have been looking for individuals to recruit,” Pero said. His group represents laborers, contractors, engineers, truckers and others involved in road work.

Kennedy got a commitment of sorts from McDonald, the DOT commissioner, to try to earmark the stalled funding by March 31.

Pero was not convinced. “Ms. McDonald reminds me of a white-tailed deer: very elusive,” he said.

State DOT officials say that $37.4 million in projects funded by the state and federal government remain to be awarded from the 2012 fiscal year and that Albany is rushing to get that work in the pipeline before the construction season starts in the spring. It said an additional $40.7 million in Western New York road and bridge projects funded by Washington remain to be awarded.

But DOT officials said those projects are controlled by local governments, including counties and towns, in Western New York.

“The state is completely up to date on the projects it manages and is working to get the full amount of any remaining funds for these projects scheduled and out the door on time and on schedule,” said DOT spokesman Beau Duffy.

The DOT provided a spreadsheet of dozens of projects completed and delayed over the past year; a number of the delayed projects, the state said, were put off for reasons beyond the department’s control. One project, for instance, needed further county approval, another needed to be coordinated with another nearby road project, and a number are on hold because local government “sponsors” of the road or bridge work requested a delay.

Several delayed projects also fit into smaller initiatives, such as bridge painting or joint sealing.

Kennedy said the region’s transportation funding problems go back to the administrations of former Govs. Eliot Spitzer and David A. Paterson, when DOT officials said an internal error led to a $167 million funding shortfall for road projects in Western New York.

He said that the state last spring awarded Western New York $166 million in “core” road project money but that it has only spent $72 million, leaving $94 million to be spent on delayed projects.

“This administration has been working to rectify that past error and to make sure Western New York gets its fair share of funding,” Kennedy said. “We want to hold the folks in DOT accountable that they’re following through with the promised dollars to help get these dollars into road construction and to help put people to work and help public safety.”

Pero said aides to Cuomo last fall acknowledged a “perfect storm of screw-ups” that kept road money from being spent, but he said matters have not improved.

The spending slowdown would have looked worse on paper were it not for one single project, he noted.

Of the $70 million in projects awarded, Pero said, $30 million was for a Route 86 project in Salamanca that was stalled due to a dispute between the state and the Seneca Nation. That was not resolved until the fall, and by the time workers arrived, only preliminary work could be done before the end of the construction season.



email: tprecious@buffnews.com

Plea deal offered to Falls man in uncle’s killing

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LOCKPORT – Darius M. Belton, the Niagara Falls man accused of fatally shooting his uncle in front of a crowd of witnesses, was offered a plea deal Monday.

Belton, 18, of South Avenue, will appear before Niagara County Judge Sara Sheldon Farkas on Feb. 21 to say whether he will plead guilty to first-degree manslaughter.

Deputy District Attorney Doreen M. Hoffmann said she offered the plea deal to Belton along with a 20-year cap on his prison sentence. The legal maximum for that charge is 25 years in prison.

Belton is under indictment on charges of second-degree murder and second-degree criminal possession of a weapon in the Sept. 25 slaying of Luis A. Ubiles, 37, who lived next door to the defendant.

“The question is the [sentencing] commitment,” defense attorney Angelo Musitano said.

Hoffmann said, “At this point, we’re waiting to see if the judge will commit to a cap, and then we’ll go from there.”

The attorneys met with Farkas’ law clerk Monday, and Hoffmann met with family members.

“It’s the same family on both sides, so there’s a lot of emotion,” the prosecutor said. “Certainly a plea would bring a definite outcome, which trials never do.”

If convicted of murder, Belton would face a possible maximum sentence of 25 years to life in prison.

Ubiles died from a single gunshot wound to the abdomen. Police said the outdoor shooting followed a minor argument between Ubiles and Belton’s mother, Deon Ubiles. The dead man was the brother of Belton’s father.

Belton, accompanied by Musitano, turned himself in at Niagara Falls Police Headquarters on Sept. 28. He is in Niagara County Jail in lieu of $250,000 bail.

In another case Monday, Anthony D. Regalla, 47, of Colonial Drive, City of Tonawanda, was directed to tell Farkas on Feb. 21 if he will plead guilty in a June 20 North Tonawanda crash in which his car allegedly struck and injured two pedestrians and killed a dog before plunging into the Erie Canal.

The victims were Ronaldo Parker, 48, a Buffalo firefighter; his fiancee, Darnelle Brady, 42, of North Tonawanda; and her two miniature schnauzers. One dog was killed, and the other was injured.



email: tprohaska@buffnews.com

Construction debris recycling center proposed in Lockport

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LOCKPORT – Auto dealer Charles Heinrich sees opportunity in the anticipated closure of the Niagara County construction and demolition debris landfill.

Heinrich went before the city Planning Board on Monday with a proposal to erect a building material recycling facility on Oakhurst Street.

The board did not act on the request and said it was willing to continue the discussion at a special meeting, which also would constitute a public hearing, at a later date.

The Planning Board’s approval is only one of many hoops Heinrich would have to jump through to make Lockport Recycling Center a reality.

The Common Council would need to approve a special-use permit; the Building Inspection Department would have to issue an operational permit; and the state Department of Environmental Conservation would have to grant stormwater control and operational permits. The latter would be considered under the same regulatory section as landfill permits.

Keith Pellerin of EnSol Environmental Solutions, a Niagara Falls firm that drew up the plans, said Heinrich already operates a business called Heinrich Services, which involves the rental of roll-off containers.

“In the light of the county closing their landfill, he sees a business opportunity,” John Battaglia of EnSol told the board.

“Why would you build this in the city?” asked Howard Luff, a Planning Board member. “Why not build it out in the country somewhere?”

The 16.7-acre site is zoned for heavy industry, and Battaglia said that made it attractive, as well as the fact that Oakhurst Street is “an area that’s already got truck traffic and industrial-type activity.”

Also, Pellerin said, Lockport figures to be an area with plenty of debris to handle after the county construction and demolition, or C&D, landfill shuts down.

County Manager Jeffrey M. Glatz recommended that move last June, although it didn’t become public knowledge until October. The County Legislature is considering the shutdown of the Refuse Disposal District’s last active landfill, on the Lockport Bypass, less than a mile from Heinrich’s site.

Pellerin said the Oakhurst Street plan would be constructed in two phases. The first would include only an unloading and sorting ramp and a scale house. Phase 2 would include a 100-by-100-foot building, 35 feet high.

“This material will sit on a concrete floor or in a truck,” Battaglia said.

Pellerin said no material processing is planned on the Oakhurst Street site; the recycling would take place elsewhere, and materials that can’t be reused would be shipped to cogeneration power plants for burning.

He said that although only one acre of the 16.7 is to be used, no changes in plans would be allowed without state permission.

Planning Board member David C. Chamberlain was worried that hazardous materials might be found in the debris and that the storage containers might not prevent material from blowing away on windy days.

Board member Donald Swanson said, “I believe some of that material being trucked to that C&D landfill is hazardous material, whether they know it or not.”



email: tprohaska@buffnews.com

Lockport meeting set to discuss crime crackdown

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LOCKPORT – The crackdown on crime and code violations in the Washburn-Genesee street area will be the subject of a public meeting set for 6:30 p.m. Thursday in Refuge Temple, 15 Cottage St.

To try to explain the program to the neighborhood, police-community liaison and pastor Mark Sanders set up the meeting between police and the community.

Police Chief Lawrence M. Eggert predicted that the “impact zone” program ordered by Mayor Michael W. Tucker would begin to generate complaints about harassment unless its purpose was explained to those affected.

HOME sets Feb. 15 deadline for scholarship

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Housing Opportunities Made Equal is accepting applications for the Joanne Champion Granger Scholarship.

Applications must be postmarked no later than Feb. 15. Created in 1995 by Dr. Carl Granger to honor his late wife, the $1,000 scholarship is awarded to a college-bound high school senior from Erie County or Niagara County.

In addition to academic achievement, the student must have demonstrated a commitment to human rights. The scholarship winner will be recognized at HOME’s 50th Anniversary Gala on April 26 in the Buffalo Niagara Convention Center.

Contact Collin Gehl at 854-1400, Ext. 26. Or visit www.homeny.org.

Fine-tuning security at schools

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After the mass shooting at Sandy Hook Elementary School in December, every teacher, principal, superintendent and parent looked around and wondered: Could it happen here?

It may be hard to stop an armed intruder intent on doing harm, but after the tragedy in Newtown, Conn., that took the lives of 20 first-graders and six educators, schools looked at their locked doors and security cameras and convened their safety committees to see what more they could do.

The answer: Not much.

The steps taken after the 1999 massacre at Columbine High School in Colorado, where 12 students and a teacher were shot to death, led many districts to look at school security with a critical eye for the first time. That incident led directly to the intercoms, buzzers and staffed entry desks now commonplace in school buildings.

But Newtown has led to schools making sure students are better prepared in case of an emergency and a refining of security policies that already restrict access:

• Union East Elementary in Cheektowaga is requiring parents to state their name, their child’s name and their reason for being there before getting buzzed into school, and to show ID when inside to pick up their children.

• Newfane schools are adjusting automatic locks on school doors and compiling “go bags” at each school with information for first responders.

• The Williamsville district is hiring 13 new part-time monitors for schools.

“Its important we were able to do that,” Superintendent Scott G. Martzloff said. “That’s why school districts have a fund balance. You have to have money available in these types of emergencies.”

The temporary monitors will work five hours a day, acting as another set of eyes and directing visitors. Existing staff will fill in the rest of the day, he said.

“This isn’t somebody who could stop somebody with a weapon. It is another layer of security when school is in session,” Martzloff said.

Whether the new positions will be put into next year’s budget has not yet been decided, but the district also is adding more cameras.

Meanwhile, students already are seeing more drills in school, not only fire drills, but lockdown, lockout, shelter-in-place and evacuation drills.

In a lockout, daily activities continue in the school, the doors remain locked, and staff members meet visitors at the door, keeping them outside. Schools could use this if, for example, there were a bank robbery in the area with a suspect on the loose.

Students practice the lockdown drill in case there is an intruder in the building. Children stay in their locked classrooms with the lights off, quietly huddling in a corner or a closet. Teachers try to make the children as invisible as possible, said Newfane Superintendent Christine J. Tibbetts.

The key for children is to practice, so the first time they are told to huddle in the corner, it will not be when there is a gunman in the building.

“We tell them we’re practicing in the event we want to hide the children from anybody who might be a bad person who is in the building,” Tibbetts said.

Students would shelter-in-place, staying in the school, if there were a threat outside the school grounds, such as a weather emergency or chemical spill, and school was the safest place for them. Schools also have evacuation plans, to take students to alternative locations in an emergency at the school.

Niagara Falls city schools already have monitors and school resource officers. But in the wake of Sandy Hook, the district looked at every school again.

“We made sure everybody was on high alert,” Superintendent Cynthia A. Bianco said.

That meant making sure staff members knew the procedures and practiced those procedures. The district had many drills, but they were all announced, she said. Late last month, the district notified parents that they will be having unannounced drills. The schools will contact parents after the drill, so they don’t worry if they hear students were evacuated.

Cheektowaga police, like many local agencies, talked with principals and superintendents in the town after the Newtown shooting, said Capt. James J. Speyer Jr. The town has had an officer-school liaison program since 1998. Speyer said police did not change the plans at Cheektowaga schools, but they have taken steps to prevent incidents and to handle those that might occur.

One of the first rules: “You have to make sure your staff and faculty know what the plan is.”

Cheektowaga police have trained in all the schools in the town, so they are familiar with the layouts. There are cameras at the schools hooked into the police dispatch office, so if police are called to the school, dispatch officers let them know what they will find when they arrive.

The Police Department also operates an anonymous tip line, and some districts have tip lines of their own. Police will complete a threat assessment on reports concerning those who might harm themselves or others.

“Nobody wants to respond to a situation; we want to prevent a situation from ever occurring,” Speyer said.

After Sandy Hook, the Newfane district also began compiling “go bags” at each school with information for first responders, such as diagrams of the building, class lists and telephone trees with contact information.

At Cheektowaga Central’s Union East Elementary School, parents are not allowed into classrooms unless they are there to volunteer, and staff members are much more visible outside and inside the school before and after classes.

“Everywhere a kid goes, they’re going to see an adult,” Principal Gretchen A. Sukdolak said.

The district also is being more vigilant about requiring parents to state their business before being allowed entry into the building, which could cause a delay.

“People don’t complain because they know why we’re doing it,” Superintendent Dennis M. Kane said.

Despite the ongoing refinements since Newtown, and the more radical changes after Columbine, it’s difficult to protect against someone intent on harming children who feels he or she has nothing to lose.

And no building can be 100 percent protected, said Donald A. Ogilvie, superintendent of Erie 1 Board of Cooperative Educational Services. Perhaps the most important factor is an alert, responsible staff.

“I would rather have a building full of adults who are aware of the emergency response plan, who are conscious of what is a normal part of routine, with internal communication,” Ogilvie said. “I’d rather have that network than any electronic device lulling me into thinking I had absolute security.”



email: bobrien@buffnews.com

Canadians taking leave of their cents

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Canada needs some new cliches.

It’s time to scrap “a penny for your thoughts” and “a penny saved is a penny earned.”

The Canadian penny is headed toward extinction.

Monday, the Royal Canadian Mint began withdrawing pennies from circulation, no longer distributing them to businesses and banks.

Many businesses followed suit, rounding their prices up or down to the nearest nickel. That means that a $3.88 or $3.89 cash purchase would be rounded up to $3.90, while $3.87 or $3.86 would become $3.85.

In a brief tour up and down Garrison Road in Fort Erie , Ont., on Monday, it was hard to find anyone disputing the efforts to phase out the penny in the Land of the Maple Leaf.

Heck, it’s not as if Canada is lacking in coins. The nation still has its $1 and $2 coins, the “loonies” and “toonies.”

“It’s not going to be a major problem,” Ron Annett, 63, a retired Fort Erie Water Department worker, said just outside a Tim Hortons. “I think carrying coins is a pain in the butt. It’s the same with the loonies and toonies. They just weigh your pockets down.”

Annett didn’t even have to deal with the rounded-penny factor at Tim Hortons. He used a debit card, and the new policy doesn’t apply to credit or debit purchases.

Tim Hortons, like many businesses, already has responded to the new government policy, by rounding off all cash transactions.

For example, a person using a $5 bill to pay for a breakfast that cost $3.87, including tax, got a receipt stating “Change Due: $1.13” and “Rounded Change Due: $1.15.”

“It’s sensible, because it costs 1.6 cents to make a penny, so that costs taxpayers,” said Don Olsen, a retired aircraft inspector from Fort Erie. “I’m glad they’re getting rid of it. I’ve seen a lot of changes in my life. That’s a sensible one.”

“It just makes your purse heavier,” his wife, Lynn, said of the pennies.

Ten people interviewed laughed about the rounding up and down.

“You win some, you lose some,” said Taylor Sherk, 27, a Canadian utility worker.

“It balances out in the end,” co-worker Tom Trasmundi added.

Not all businesses reacted immediately by rounding off prices.

“It’s going to take a while before our machines are reconfigured – in a couple of months, I believe – so we’re going to be using pennies for a while,” one Walmart worker explained.

Up the street, Chan Kim, owner of EJ’s Variety, wasn’t clear about the new policies, although his store already was rounding up or down.

“We want to get rid of pennies,” he said. “I have no idea what the law is. If the customers pay in pennies, do I have to accept them?”

Some customers didn’t even know about the rounding after their purchases.

Mark McKinnon, 45, bought a tin of chewing tobacco, for $15.81, paid with a $20 bill and got $4.20 in change.

“Wow,” he said sarcastically. “I’m ecstatic.”

Some businesses are trying to turn the excess pocket weight into a good cause.

Walmart, for example, had jars accepting pennies for the Community Outreach Program Erie (COPE), a food drive aiming to collect one million pennies, or $10,000.

On the American side, Walden Galleria on Monday began a monthlong Penny Drop, set up at Customer Service in the upper level near Macy’s. That money will go to a Canadian charity suggested by customers.

Two Canadians walking in the mall seemed to sum up a nation’s view of dumping the penny.

“I think it’s a good idea,” said Chris Ogden, 29, of Oshawa, Ont. “I think they’re just kind of a nuisance.”

“I’ve never really thought about the penny,” added his girlfriend, Emily Easa. “When I get pennies, they go into a big jar. They’re going to go toward a vacation.”

Ogden puts all his coins, even loonies and toonies, into coin rolls.

“I use ’em to go to Las Vegas,” he said.



email: gwarner@buffnews.com

Unrelated armed robberies within hours in Falls

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NIAGARA FALLS – A Buffalo Avenue 7-Eleven was robbed at gunpoint Monday night, two hours before four people walking to a convenience store also were robbed by gunmen on 17th Street. The holdups were not related.

In the first robbery, two men wearing hoodies, black gloves and covering their faces grabbed cash and lottery tickets from the 7-Eleven at 6802 Buffalo Ave. just before 11 p.m. Monday, Niagara Falls police reported.

The clerk told police that one man with a handgun jumped up on the counter and repeatedly demanded cash from the register, while another kept watch and took lottery tickets.

Both men were described as white with slender builds. The man with the gun was wearing light blue jeans, a brown zip-up hoodie, white sneakers, black gloves and a black bandana across his nose and mouth. The second man, who did not display a gun, was wearing a maroon hoodie pulled around his face, gray cargo pants and black gloves, according to police who watched security video. Police said they found a brown hoodie, which they suspect was the one seen in the video, and $5 bills while searching the area.

In the second armed robbery, just after 1 a.m. today, four men and women said they were walking to a convenience store when four black men wearing ski masks and dark hoodies approached them in the 700 block of 17th Street and asked for a cigarette. When the victims said they didn’t have any cigarettes, two of the men displayed handguns and demanded that they get on the ground and empty their pockets, police said.

One of the victims told police he was kicked in the face by one of the suspects and told they would kill him if he looked up. The victims handed over four cell phones and a benefit card, according to police.

email: nfischer@buffnews.com

Lancaster Town Board approves Colecraft building sale

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The Lancaster Town Board on Monday approved the $1.4 million sale of a former industrial building to a North Tonawanda manufacturer that plans to move to the town once the sale closes in October.

The sale of the 74,000-square-foot former Colecraft Manufacturing building, at 3949 Walden Ave., concludes a decade of contentious debate that began when the town bought the facility in 2003 with a plan – never realized – to move its police and courts operations there.

The sale closing is delayed until fall to give the town time to move out equipment and employees, and give Erie Engineered Products time to move from its current location on Niagara Falls Boulevard.

The manufacturer of shipping and storage containers used in the defense industry would bring its 55 employees to the new location.

“Obviously, I’m excited about it. I wanted to see it sold eight years ago,” Supervisor Dino J. Fudoli said after Monday night’s meeting. The Republican supervisor won election in 2011 after criticizing his predecessor for the purchase of the Colecraft facility.

Fudoli and a group of town residents have blasted the Town Board for buying the former industrial building, and a critical State Comptroller’s Office audit said the $1.6 million purchase largely was a waste of taxpayer money.

Democrats on the Town Board continue to insist the town made the fiscally responsible decision 10 years to try to buy and rehabilitate the Colecraft structure, but they say circumstances changed and the sale makes sense today.

Critics charged the town with ignoring other options for a new law enforcement building, and the project was marked by delays and a citizens’ lawsuit.

The town moved in its Detective Bureau and used the warehouse portion for storage of Lancaster-owned vehicles.

“We got a lot of use out of that building,” Councilman Ronald Ruffino said.

Town officials say rising cost estimates for renovations ultimately scuttled the rehab plans. The town now is building a new police-and-courts structure at a less-centrally located site on Pavement Road.

The comptroller’s audit concluded that the town spent $2.5 million on the Colecraft project, including about $500,000 in interest bond payments, and found that the town, county and Lancaster Central School District had forgone $440,000 in property taxes since 2003.

The town put the eight-acre Colecraft property up for sale last year and tentatively reached a sale agreement with Erie Engineered Products in December.

Erie now leases space in the former Wurlitzer Building, 908 Niagara Falls Blvd., but was not assured that it could renew its lease when it ends next February, company officials said last year.

The board vote followed a review earlier Monday by members of the Town Board and town Planning Board that found the sale and Erie’s plans wouldn’t harm the environment.

“I’m glad to see that it’s done,” Dan Beutler, a Depew resident who joined the citizen lawsuit, said just prior to the vote.



email: swatson@buffnews.com

Niagara teen injured, though cause remains unclear

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TOWN OF NIAGARA – A hit and run crash was reported on Lockport Road Monday night but Niagara County sheriff’s deputies aren’t sure that the injured teen actually was struck.

There was no description of the vehicle or signs of a crash, sheriff’s officials said.

Alex Barry, 17, of Garlow Road, who said he was hit by a car, remained hospitalized Tuesday in Erie County Medical Center. Information about his condition and extent of his injuries was not released.

Barry was found along the road, complaining of widespread pain, and said he was struck by a vehicle just before 9 p.m. in the 6300 block of Lockport Road, near Military Road, Undersheriff Michael Filicetti said.

“His story was very vague and at one point said he wasn’t even sure he was hit by a vehicle. We are still trying to determine what happened,” Filicetti said. “We found no evidence of a vehicle, no skid marks and no signs of a crash.”

Because of Barry’s report and signs of memory loss, protocol determined that he be taken by Mercy Flight to ECMC, the undersheriff said.



email: nfischer@buffnews.com

Hundreds without power following tree-trimming accident and fire in Lockport

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More than 500 homes in Lockport and Newfane were without power this afternoon after a tree trimming crew working for New York State Electric & Gas caused a large branch to snap and fall on a 14,000 volt primary transmission line on Clinton Street, near Vine Street.

The line also caused the crews bucket truck to catch fire, destroying the vehicle. No injuries were reported.

The Lockport Fire Department was called to the scene, but was not immediately able to fight the fire due to the high voltage line, according to Assistant Chief Patrick Costello.

“We had to wait until NYSEG crews arrived and shut off power to the line,” Costello said.

Lockport Police Chief Lawrence M. Eggert said the resulting fire, which began with the tires, spread to the truck, including wood in the truck’s wood chipper and caused it to burn.

Costello said firefighters were able to get the fire under control about 3:45 p.m., about 90 minutes after it was reported. Several NYSEG trucks remained at the scene attempting to restore power and remove the truck.

Police closed Clinton Street, between North Adam Street and Lake Avenue, pending the clean up of the damaged truck.



email: tprohaska@buffnews.com

FAA lags on enacted Flight 3407 reforms

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WASHINGTON – The Federal Aviation Administration is missing deadlines and falling far behind where it should be in implementing the landmark aviation safety law that Congress passed after the crash of Continental Connection Flight 3407, which killed 50 people nearly four years ago in Clarence Center.

That’s the conclusion reached by the Department of Transportation’s inspector general after an investigation of the FAA’s progress in implementing the 2010 law.

“While FAA has implemented many elements of the Act, the Agency and industry have not yet achieved the full measure of the Act’s intended safety enhancements,” the inspector general’s report said.

In particular, the inspector general said the FAA missed deadlines on:

• Aug. 1, 2011, for developing a mentoring program in which captains would help inexperienced first officers learn on the job.

• Oct. 1, 2011, for finalizing more modern pilot training rules that will require more hands-on learning.

• Aug. 1, 2012, for boosting qualifications and experience requirements for commercial airline pilots.

The airline industry is objecting to many of the FAA’s proposals on those rules, and that is slowing down the process, the inspector general said.

Some of the problems, though, appear to be the FAA’s own doing.

“FAA has not provided sufficient management attention or assistance to smaller carriers for meeting new safety standards, or followed through on its commitment to help these carriers with safety program development and support,” the inspector general said.

As a result, only 12 percent of small regional airlines have flight data recording programs that keep track of aircraft performance; 90 percent of major airlines do.

And the FAA has not done enough to ensure that regional airlines are ready for a requirement, set to take effect this August, that all its first officers have an air transport certificate – a higher grade of qualification that requires more experience.

As a result, at two regional airlines that the IG staff visited, 75 percent of co-pilots still don’t have an air transport certificate.

While the Families of Continental Flight 3407 have been highlighting the missed deadlines for many months, the IG report ratchets up pressure on the FAA to get moving.

“Successful implementation of such rules depends on FAA’s ability to address air carrier concerns and work though the regulatory process in a timely manner, which has presented challenges for the agency,” the report said.

The Families of Continental Flight 3407 and Sen. Charles E. Schumer, D-N.Y., are adding to the pressure.

The families group has announced that a significant number of people who lost loved ones in the Feb. 12, 2009, crash will be in Washington next week on the anniversary of the tragedy to press for progress on the aviation safety measures.

“As we hit year four, and as the industry continues to throw the kitchen sink at the FAA in the hopes of stalling or watering down these critical safety initiatives, we feel the need to remind everyone in Washington” – from the FAA to the DOT to the White House’s Office of Management and Budget to both houses of Congress – “that the job is far from done,” said John Kausner, of Clarence, a leading member of the families group, whose daughter, Ellyce, was killed in the crash.



email: jzremski@buffnews.com

Falls man charged with felony DWI

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NIAGARA FALLS – A city man stopped on a parking violation Monday faces felony drunken driving charges.

Robert D. Oyer, 53, of Niagara Falls Boulevard, was stopped by city police at 7:15 p.m. in the 7200 block of that roadway. Police described him at the time as highly aggressive and intoxicated.

Oyer was charged with felony driving while intoxicated after police said they discovered he had a previous DWI conviction within the past 10 years.

Third trial for murder needed for Drake

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LOCKPORT – A third murder trial for Robie J. Drake – who admitted he killed two North Tonawanda High School students in 1981, but says he didn’t mean to do it – will be needed after the state’s highest court refused to block it.

Niagara County Assistant District Attorney Thomas H. Brandt said this week that the Court of Appeals, without comment, rejected his motion to prevent the new trial.

Drake, 48, has been convicted twice, but both times the conviction was overturned because of legal errors pertaining to the claim that he sexually violated the corpse of one of his victims. Drake has never been charged with any sex crimes.

Brandt had filed his motion in June, and Drake’s third trial, ordered two months previously by the Appellate Division of State Supreme Court, was put on hold awaiting a Court of Appeals ruling.

The Appellate Division of State Supreme Court ruled last April that Drake’s conviction in a 2010 trial was invalid because of what it considered irrelevant and prejudicial evidence that a bite mark was found on the breast of Amy Smith, 16.

Smith and her boyfriend, Steven Rosenthal, 18, were shot to death with a rifle as they kissed in Rosenthal’s 1969 Chevrolet Nova in a parking lot off River Road in North Tonawanda on the night of Dec. 5, 1981.

Smith was shot twice. Rosenthal was shot 14 times and also was stabbed in the chest by Drake.

Drake, a schoolmate of the victims, was 17 at the time. He said he went out that night with a rifle looking to vandalize vehicles, and he said he thought Rosenthal’s Nova was empty and abandoned.

Evidence showed that all the bullets went through the passenger side window. Smith was shot twice in the back of the head and Rosenthal in the face, neck and chest. The angle of impact changed, indicating Drake was getting closer to the car during the shooting.

He was convicted in 1982 of two counts of murder and was sentenced to 40 years to life in prison.

In January 2009, after a long battle by Drake without legal assistance, the U.S. 2nd Circuit Court of Appeals ruled that then-District Attorney Peter L. Broderick Sr. had used a bogus expert witness who accused Drake of suffering from a psychological malady that brought him sexual gratification from sniper activity and stab or bite wounds.

The federal court called that claim “quackery.”

In the 2010 trial, State Supreme Court Justice Richard C. Kloch Sr. allowed Brandt to introduce evidence about the bite mark, over the protests of Drake’s attorney, Andrew C. LoTempio.

He then brought in an expert witness to try to challenge that evidence.

“There was a trial within a trial on the issue [of] whether an uncharged crime had actually been committed. That was error,” the Appellate Division ruled April 27.

After Drake’s conviction in 2010, Kloch sentenced him to 50 years to life, a stiffer term than he received in 1982.

Both juries passed up the option of convicting Drake of second-degree manslaughter for reckless, not intentional, killing.

If Drake had been convicted of that offense, he would be a free man by now, since the maximum sentence for two counts of second-degree manslaughter is 30 years.

Brandt and Assistant District Attorney Peter M. Wydysh are expected to prosecute the case for the second time.

Drake will have his third defense team.



email: tprohaska@buffnews.com

Harbor stadium complex: Too good to be true?

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On the surface, the proposal seems almost too good to be true: a 72,000-seat stadium, with a retractable roof, a convention center and a sports and culture museum, all part of a $1.4 billion project that would lure hundreds of thousands of visitors to the outer harbor, while ensuring the Bills’ long-term future in Buffalo.

But the devil is in the details, and many community leaders think the proposal is too good to be true, especially since project leaders are asking for a public commitment of waterfront land.

Those principals, Nicholas J. Stracick and George F. Hasiotis, say the key to moving forward is obtaining an option for up to a year on 167 acres of publicly owned land on the outer harbor.

“I truthfully think all they’re interested in is the land,” County Executive Mark C. Poloncarz said of Stracick’s group. “He’s trying to get the land because of the value that’s there. If you notice, he said give me the land, and then I’ll announce the parties that are involved. That’s not how you go about it.”

Hasiotis replied that the land option would be limited, to nine to 12 months, enough to study traffic, parking, environmental and other impacts. And he told Erie County legislators last month that if the group obtains an option on the land, the project would become “more bankable and more fundable.”

“Anybody who questions that is either not informed or is irresponsible, because it’s a no-cost, win-win proposition, at no expense to the public,” Hasiotis added.

Close to a dozen local community leaders were asked to weigh in on the project, and skepticism emerged as the overwhelming consensus.

“I think it’s a very interesting concept, whose feasibility for many, many reasons is questionable,” Rep. Brian Higgins, D-Buffalo, said of the Stracick-Hasiotis plan unveiled in October. “I think that they need to answer some fundamental questions.”

Higgins was more polite than others. Some called the proposal unrealistic and a pipe dream.

These community leaders expressed several fundamental concerns and objections about the plan:

• No disclosure of financial commitments. Based on other similar projects, the company has said the state might pay about $400 million, the National Football League $200 million to $400 million, and the construction trades hundreds of millions more.

• A lack of support from either the Bills or the NFL.

• The difficulty in procuring an option for the outer harbor site owned by the Niagara Frontier Transportation Authority.

• Major transportation and parking headaches for 72,000 people heading to and from a Bills game on the outer harbor, which has limited access.

• Questioning whether a football stadium is the best use of the waterfront.

“It’s unrealistic to think that anybody who’s not a multibillionaire is going to be able to pull this off,” said Jordan Levy, former chairman of the Erie Canal Harbor Development Corp. “I love the energy. I love the vision, but it’s unrealistic. It’s going to take a huge government subsidy and a tenant who has the wherewithal. They have neither.”

The group president is Stracick, a former umpire and City Court marshal. He sued Walt Disney Co. with the claim that Disney had stolen an idea he and a partner pitched for a sports complex at the Florida theme park. A jury awarded the two $240 million, but the verdict was tied up by appeals. Stracick and the partner later settled with Disney for an undisclosed amount.

“I’d love to see something like this happen,” said County Legislator Joseph C. Lorigo, a West Seneca Conservative. “I just don’t know if these are the people to put this together.”

Stracick, in a recent meeting with county legislators, said he was undeterred by detractors.

“If you don’t want to vote yes on it, watch me do it, bottom line,” Stracick told the lawmakers, recounting his role in the Disney battle. “I’m one guy, but I’ve gotten it done so far, and I’ll get it done, believe you me.”

Why are so many people skeptical about the project?

“I think, unfortunately, that we have our group of friendly little oligarchs here,” Hasiotis said, referring to the same small group that takes an active role in such development. “They’re all our friends and neighbors, but it’s either their way or the highway. That is not healthy, and that’s been the problem in Buffalo for probably 50 years.”

He and others cited several recent developments:

• The Buffalo Common Council on Tuesday voted its unanimous support for exploring the feasibility of the proposal. Project organizers also made a presentation to Western New York’s state legislators.

• Last month, Stracick made a $25,000 contribution to Gov. Andrew M. Cuomo’s re-election campaign; Hasiotis plans to meet soon with Lt. Gov. Robert Duffy to discuss the proposal.

• Hasiotis said the revenue generated by the project can dwarf the revenue from fewer than 10 NFL Sundays, citing a similar project in Indianapolis, which has generated $2.2 billion in direct economic impact in five years.

“We’re turning this whole model of professional football upside down,” he explained. “We’re not going to be subsidizing the Buffalo Bills. We’re actually going to provide a quantifiable return on the public investment.”

Part of that project would be the North American Museum of Sports and Culture, to be operated by the Strong Museum, which attracts more guests to downtown Rochester than the Bills’ annual home games.

“At first, this idea seemed like science fiction, but given the fortunate site, the urgent timing, the careful preliminary planning and the possibility of co-anchoring the international gateway with a stadium and a sports and culture museum, this has grown into a plausible, mature idea,” said Scott G. Eberle, vice president for play studies at Strong.

Others, though, questioned all the unknowns about the project, especially the funding, the outer harbor land transfer and the parking and transportation issues.

“If we could pull this off, it would be absolutely incredible for our community,” said County Legislator Edward A. Rath III, R-Amherst. “But right now, it’s a lot of wishful thinking and not much realistic reasoning.”

Even the most skeptical welcomed the proposal, for sparking a communitywide dialogue now – not during deadline-pressured stadium negotiations – about the prospects for a new stadium, whether it’s in downtown Buffalo or elsewhere.

“They have stimulated public discussion about a new stadium,” Higgins said of Hasiotis and Stracick. “That, in itself, is good.”

Community leaders differ on the need for a new stadium.

“I do think that the governor is correct that we have to study building a stadium,” Levy said. “If we do not build a new stadium in the next five to 10 years, you can say goodbye to the Buffalo Bills. I don’t think there’s any doubt about it.”

Poloncarz said the county has done some preliminary work to identify potential sites for a stadium in the city. The new 10-year lease for county-owned Ralph Wilson Stadium sets aside money starting in 2018 to explore the options.

“The bones of the stadium are good,” Poloncarz said. “The question is, can you continually have, at that point, a 50-year facility host this team? I don’t know. We know that we can do it for another 10 years.”



email: gwarner@buffnews.com and djgee@buffnews.com

Exhibition reception rescheduled for Saturday

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LOCKPORT – The opening reception for the Market Street Art Center’s 2013 Photography Exhibition, canceled last weekend because of bad weather, has been rescheduled from 5 to 8 p.m. Saturday in the center, 247 Market St.

A total of 82 photos by 27 local and regional photographers, many of them new to the show, will be on display through March 3 in the center’s two galleries.

Historical Society seeking volunteers to lead tours

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LOCKPORT – The Niagara County Historical Society seeks volunteers to lead school and group tours through its five-building complex at 215 Niagara St.

Museum staff and veteran volunteers will train tour leaders, called docents. An application process and training program will be scheduled later this winter. Docents lead groups of 10 to 15 students or adults on tours lasting 60 to 90 minutes. Schedules vary and are flexible.

The museum buildings date from the 19th century and contain period rooms and exhibits relating the history of Native Americans, early settlers, the Erie Canal, transportation, business and industry, the Civil War and the Victorian era. Information on volunteering is available by calling Education Coordinator Ann Marie Linnabery at 434-7433.
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