Quantcast
Channel: The Buffalo News - niagara
Viewing all 1955 articles
Browse latest View live

Seizure of Pomeranians highlights changes at SPCA

$
0
0
WHEATFIELD – A year ago, the SPCA of Niagara was in the doghouse.

Its director had been fired and the organization was receiving scathing reports of unnecessary and cruel euthanasia and poor medical treatment of animals, as well as mismanagement. In March, the board of directors was fired, and staff members rededicated themselves as a “no-kill” shelter.

These measures appear to have taken hold and were on display last week as the new and seemingly improved SPCA of Niagara dealt with the huge influx of Pomeranian dogs – many of them puppies – seized from a Lockport home Feb. 2.

“We will find a way,” said Andrew M. Bell, the agency’s new executive director. “We will do whatever it takes in any situation we come across to make room for the animals and make sure we find homes for the animals. That’s how no-kill works, and these situations kind of define it. The staff and the volunteers have the mindset that we will work this out.”

The SPCA re-entered the spotlight last week after the news that Ellouise M. Magrum, 50, who lived at the house on Royal Parkway South with her husband and two children, appeared to have been selling the Pomeranians on her website. She was charged with animal cruelty, two counts of endangering the welfare of a child, and several town violations for running a nonpermitted kennel out of her home. She was released on her own recognizance after being arraigned Tuesday in Lockport Town Court.

Bell said SPCA staffers spent the weekend round-the-clock getting the shelter ready for the 64 incoming Pomeranians. Shelter Director Amy Lewis said volunteers stepped forward to lend their support once they heard about what happened.

“It’s been heartwarming, really. We had teams of volunteers watching the puppies, two groomers bathing the dogs, and two vets volunteered and spent the day checking their health and giving them vaccinations,” Bell said. “It’s just been a real community effort.”

He said that in the last three months, the new SPCA of Niagara has signed up more than 200 new volunteers, an increase that he said was helping the agency look better.

New Board Member Lawrence M. Eggert, who is also the chief of the Lockport Police Department, said that more than 100 foster homes have been lined up by Lewis and board member AnnLouise Carosella.

“This gets them out of the shelter and more acclimated to humans. Any animal in a shelter too long loses their socialization,” Eggert said. “Before we got these Pomeranians, the shelter was only about a quarter-full because the rest of the animals were with foster families.”

Bell said that all the Pomeranians with puppies and those that are pregnant went to experienced foster homes.

One of the most telling statistics about the SPCA is this: Since the new board took office, the survival rate of animals has gone from 54 percent to 99 percent. Eggert said the changes have been positive for the SCPA of Niagara and for the animals.

“It’s cheaper for us. It’s better for the animals,” he said. “And though it is still week to week, we are starting to re-energize our fundraising. The donor base we had was pretty much destroyed with the negative past.”

Now the SPCA is dealing with a situation full of negatives and trying to turn it into a positive.

Town of Lockport Dog Control Officer Barry Kobrin said neighbors, who had long complained about the dogs at Magrum’s house, stood inside their houses and clapped or gave him the thumbs-up as the dogs started coming out in crates Monday. The house was temporarily condemned pending a cleanup, after a buildup of feces and urine was found on the dogs and in the house and garage in areas where the dogs were living.

“It was the nastiest thing I’ve seen in my 35 years on the force,” said Eggert, who was at the scene Feb. 2. He said two vanloads of puppies were taken out.

Kobrin said Magrum had been contacted in the past but licensed at least three of the dogs and moved all of the dogs out during their most recent inspection.

Former Dog Control Officer Joan Coe went to the home each time a complaint call came in, but she was never able to get inside the house to see what was happening.

“It was a cat-and-mouse kind of operation,”Kobrin said.

Kobrin said police needed a search warrant or subpoena to get inside, but he hopes to see that changed in the near future with a revised town ordinance or U.S. Department of Agriculture rules, which would allow a dog-control officer “with great suspicion” to enter the premises.

“It was terrible, and I feel bad for the children in the home, and I feel bad for the dogs living in filthy conditions. This was a puppy mill,” Kobrin said. “She was selling these dogs for a lot of money.”

Kobrin praised the SPCA of Niagara’s work on the case. “They handled this very well,” he said. “They worked with me very closely. Under the new management, the SPCA is a new place. I can’t commend them enough.”

The public also is responding to the recent changes at the SPCA. “When the word went out that we had this problem, we were immediately overwhelmed with offers of support,” Bell said. “That wasn’t always true in the past. I think that’s very telling. I think the word is getting out that we are a can-do kind of place. Everyone involved now is aware that we are part of the solution.”

Bell said officials had to cut off the waiting list of people wanting Pomeranians after receiving 110 calls in the first few days.

“We literally had 500 phone calls from people wanting to adopt these animals,” Bell said. “We had to bring in extra volunteer help to deal with the people calling and dropping off donations.”

He said the agency is using the increase in demand to remind people that they have lots of other dogs available for adoption.

“The bigger dogs need homes just as much as these little guys,” Bell said.

“In the end, we should be a happy place, a place where we adopt our animals, not a place where we incarcerate them.”



email: nfischer@buffnews.com

Identity fraud reports flood City of Lockport Police Department

$
0
0
LOCKPORT – The two things law enforcers often find about identity theft is that they can come in bunches, and they are often connected.

In Lockport, police are dealing with the first, but still aren’t sure about the second.

Over the past month, police have received more than a dozen complaints of identity fraud but have been unable to find any common links.

Unlike cases in the Town of Tonawanda, which appear linked to a single restaurant or a single bank, Lockport Police Chief Lawrence Eggert said this does not appear to be the case in Lockport.

“It’s across the board. There’s really no rhyme or reason,” he said.

Eggert said police handled 17 to 18 cases in the past month, but said the issue was underlined a few weeks ago when officers started getting one or more reports each day. He said the number has slowed since then.

“We get reports like this all the time, but for us to get so many at one time, it really is unusual,” he said.

Reports from the Lockport Police Department show customers from M&T Bank, Key-Bank, Barclay’s Bank, Summit Federal Credit Union, First Niagara Bank, Citi Bank and Woodforest Bank all have reported unauthorized charges with debit and/or credit cards. In some cases, a stolen identity was used to open various store credit cards and even utility services. These fraudulent purchases were made online, across the country and also in Canada, according to police.

In one case, a Lockport woman said police in Roanoke Rapids, N.C., contacted her when a suspicious woman had used her personal information to open a line of credit at Kay Jewelers. When an employee called the police, the woman left the store and was not caught, but the victim said she has received thousands of dollars in bills after six store credit cards were opened in her name. She said her existing Kohl’s card had been used without her permission.

Several victims noted the use of duplicated credit cards.

An Akron Street woman told police Jan. 21 that she used her Citi/Mastercard at a Rite Aid in Lockport and, a few minutes later, someone in Michigan used her card fraudulently, charging $543.

An Allen Street woman said she opened her mail and found an electric bill for a Texas utility account that was opened in her name, from August to December, with an unpaid balance of nearly $1,000. The victim said she has never been to Texas.

Eggert said police are not immune to this problem, noting that an officer in his department was the victim of a Craigslist scam and had his own identity scammed when someone was able to hack into his online cell-phone account and buy $1,000 worth of phones.

Eggert said police are hoping for a national response to the problem. He said that, on a local level, these cases are almost impossible to investigate because the victim is in one part of the country and the suspect, who committed the crime, is somewhere else. The cost of transporting victims to testify makes it prohibitive.

“It becomes easier for the banks just to shut down credit card accounts, issue a new one,” said Eggert. “It’s very difficult to follow up.”

Drawing an analogy with home security, Eggert said people think nothing of purchasing a dead bolt door lock or setting a timer so their lights go on. He said consumers should think of their accounts and identities the same way.• Check your own and your family members’ credit ratings and run a credit check on your name to watch for unauthorized accounts.

• Change passwords frequently.

• Secure credit/debit cards in sleeves that don’t allow card information to be scanned by readers that access magnetic strips.

• Watch for people who have access to your card that may use skimmers to illegally access information that then can be sold to a third-party.

Eggert said people should also be aware if they receive any notices of changes of passwords without their authorization.

He said victims should immediately contact their banks and then report fraudulent activity to the police, who will help walk you through the steps you need to do to protect yourself in the future.

“Mostly, just be careful,” Eggert said. “It’s a different world out there, but if you stay vigilant and act immediately, that usually diffuses it.”



email: nfischer@buffnews.com

From the blotter/Police calls and court cases, Jan. 29 to Feb. 6

$
0
0
Two vehicles were vandalized in Niagara Falls, including a Range Rover which sustained more than $1,700 in damage.

The owner of the 2003 Range Rover told police that sometime between 1 and 3 a.m. Tuesday, while parked in the 1700 block of Tennessee Avenue, someone spray painted orange and red all around the base of her vehicle, pried off both fenders and both taillights, removed the gas cap door, and smashed the driver’s side front and rear door windows. Damage was estimated at $1,750.

Another case of vehicle vandalism was reported in the 1500 block of Willow Avenue. The owner said sometime between 4 p.m. Monday and noon on Tuesday, someone smashed a rear window of her 2010 Dodge Caravan, causing $200 in damage.A warrant was issued by the Niagara County Sheriff’s Office for an employee accused of taking coffee and cash from her employer, Tim Hortons.

A manager of the Lockport store told deputies that she had reviewed store security tapes and found that the female employee was placing bills under her cash register drawer and only rang up purchases for one of five drinks at the store in the 5800 block of South Transit Road.

Deputies were asked to pursue charges, but a sheriff’s report did not note whether the worker had been arrested.

• A Meadowbrook Acres man told Niagara County sheriff’s deputies that unauthorized purchases were made using his bank card.

The 45-year-old Wheatfield man told deputies that purchases were made in North Carolina at an Auto Zone, a gas station and a grocery store, totaling more than $170, using a duplicate Citizen’s Bank card. Police in North Carolina are pursuing a suspect who used the card, according to deputies.

• A Niagara Falls man who roughed up his ex-girlfriend three times last year, despite the restraining order she obtained against him, pleaded guilty to two felonies in Niagara County Court.

County Judge Sara Sheldon Farkas assigned Darrell K. Clause, 26, of Cudaback Avenue, to the judicial diversion program of court-supervised drug treatment. If he fails there, Clause faces up to eight years in prison for two counts of first-degree criminal contempt. But if he succeeds, his charges will be reduced to a misdemeanor with a probation sentence.

Assistant District Attorney Lisa M. Baehre said Clause assaulted the woman Sept. 13 and Oct. 22 in Niagara Falls, and after she moved to Lockport, he assaulted her there, too.Two men had their trucks parked behind the Mullane Motors building on South Transit Road in Pendleton when someone entered them and stole their plow controllers, police said.

The victims, a Niagara Falls man and a Sanborn resident, told sheriff’s deputies that their trucks were entered between 9:30 a.m. and 4 p.m. and their Snowdogg brand controllers were taken. The controllers were valued at $213.A burglar stole $860 in cash from a Welch Avenue residence during a daytime burglary, Niagara Falls police said.

The home was entered between 8 and 11 a.m. by breaking out a bedroom window, according to reports. In addition to the money, which was stolen from a bedroom dresser, a Playstation 3 video game console was also taken from the home. Total loss was estimated at $1,160.A 36-year-old Newfane woman told Niagara County sheriff’s deputies that her purse containing cash and keys as well as her order of chicken wings were taken when she stepped outside to talk to a friend while at the Canalside Inn in Gasport over the weekend.

The complainant told deputies that she had been in the Main street bar near closing time at 2 a.m. Saturday and stepped outside to the parking lot for about 15 minutes to talk to a friend. She said when she returned to her table all the people at the bar had left and her purse, containing $80 cash, a driver’s license, debit card, car keys and other personal items, along with an order of chicken wings were gone.

• A checkbook was stolen out of an unlocked pickup parked at a Slayton Settlement Road home in Royalton overnight, sheriff’s deputies said.

The theft occurred between 9 p.m. Saturday and 6 a.m. Sunday. Police said they found footprints leading from the truck to a nearby roadway. The victim was able to successfully close his bank account before any fraudulent activity could occur, deputies said.

• Tools and hunting clothes with an estimated value of $1,200 were stolen recently from the front yard of a Lockport home where they were being offered for sale, sheriff’s deputies said.

A Johnson Road woman told deputies that she had placed the items in her yard with a “for sale” sign on Nov. 7, and found that they had been stolen later that day. Among the missing items were camouflage suits, jackets and bib pants, a saw set and a circular saw.

• A LaSalle-area resident told police that her car was broken into while parked in the 400 block of 22nd Street.

The woman told police that someone broke out the driver’s side window of her car, sometime between 9:30 p.m. Friday and 1:45 a.m. Saturday. The intruder stole a stereo faceplate valued at $200. Damage to the vehicle was estimated at $275.

• A pair of gold rings, with a total value of more than $2,300, were stolen recently from a 93rd Street home, Niagara Falls police reported.

The owner told police that the rings were taken out of a container in a bedroom dresser, sometime since Jan. 20. She reported having a work team from the Niagara Community Action Program at the home since that time, speculating that someone from that group may have been responsible.A Wheatfield woman told Niagara County sheriff’s deputies that sometime in the past five days someone had made 18 withdrawals from her credit union.

The woman told deputies the withdrawals, totaling $1,049, were taken from her account at Western Division Federal Credit Union between Jan. 29 and Saturday.A Niagara Falls man stopped on a parking violation 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.

• A 30-year-old man who was unresponsive in his vehicle faced charges when Niagara County sheriff’s deputies said they found an unlabeled prescription drug bottle and marijuana.

Eric L. Wisneski of Plaza Drive was charged with seventh-degree criminal possession of a controlled substance and was issued an appearance ticket at 3:49 p.m. on Walmore Road in Wheatfield.

Deputies said Wisneski told them he had pulled over when he became dizzy and complained of low blood sugar.

A small amount of marijuana was found in an ashtray and 44 alprazolam pills, a controlled substance, were found in an unlabeled bottle in between the seats, according to deputies.

• A power washer, valued at $400, was stolen from Buffalo Fuel Corp., according to Niagara Falls police.

A maintenance supervisor at Buffalo Fuel Corp. told police that sometime between 3:30 p.m. Sunday and 4:30 a.m. Monday someone entered the storage garage at 4870 Packard Road, damaging a door handle and causing $200 in damages.

He said a power washer was stolen, and someone attempted to take a lawn mower, but left it outside the building.

• A Commerce Court construction company reported two generators and power auger, valued at a total of almost $1,500, were stolen, according to Niagara County sheriff’s deputies.

An employee of Calamar Construction told deputies that the two 5,000 watt generators and a two-person auger were locked with padlocks in two wooden cabinets inside the company’s warehouse in Wheatfield.

There was no sign of forced entry, and the padlocks were not tampered with. A company spokesman told deputies that he believes a former or current employee who had a key to the warehouse and padlocks is responsible.

The Coleman generators were valued at $400 a piece, and the Honda power auger was valued at $650, according to deputies.Two men pleaded guilty in separate drug cases before Niagara County Judge Sara Sheldon Farkas, who set April 24 sentencings for both.

Jason A. Kozlowski, 37, of Payne Avenue, North Tonawanda, admitted to a reduced charge of attempted fifth-degree criminal sale of a controlled substance for selling Suboxone in that city June 12.

Lawrence A. Garabedian, 59, of 17th Street, Niagara Falls, who was originally charged with a felony sale of heroin Nov. 27, 2011, was allowed to plead guilty to a misdemeanor, seventh-degree criminal possession of a controlled substance.

His alleged supplier, Anthony A. Zacarella, 60, of Maple Avenue in the Falls, pleaded guilty Jan. 18 to third-degree criminal possession of a controlled substance and was admitted to the judicial diversion program of court-supervised drug treatment.

Lockport metal fabricator to absorb Amherst company

$
0
0
LOCKPORT – Diversified Manufacturing will expand its plant and absorb an Amherst company with the same owner, while Lake Effect Ice Cream will add onto a Canal Street building where it plans to make its headquarters.

Those business moves, and others, were revealed at last week’s city Planning Board meeting.

Brian F. Costello, owner of Diversified and of Ipac, an Amherst company, said about 65 jobs will move from Ipac to Diversified, which currently employs about 100 people.

Both metal fabricating companies are solely owned by Costello, who said that for several years, workers have been switching back and forth between the two, as needed.

Moving Ipac’s operations to the plant on Ohio Street in Lockport “is going to make us a more efficient operation,” Costello said.

Since Costello acquired Ipac eight years ago, that Pineview Drive plant had handled lighter-gauge metal work, while the Lockport plant worked on heavier metal, machining and assembly.

The Planning Board approved construction of a 37,167-square-foot addition to the Diversified plant. Timothy Arlington of Apex Consulting, who presented the project to the board, said the project also involves doubling the size of the current 46-space parking lot.

Costello said construction should begin in March or April and be complete by late summer. The Ipac plant has been for sale for a year and a half, he said.

“The site work is going to be phenomenal,” he said. Arlington said the site slopes as much as 18 feet below street level.

An 8,000-square-foot “lean-to” for storage is to be added to the addition, perhaps next year. And in 2015, Costello said, the plant’s office space is to be enlarged and renovated.

This isn’t the first time Costello has acquired a company and moved its operations to Lockport. In 1998, he bought Rotary Co. of Cheektowaga and moved its work to Lockport, and in 2000 he did the same with JBA, a Lancaster company.

Costello declined to say how much he’s investing in the latest expansion.

Meanwhile, the board approved a 450-square-foot addition to 79-81 Canal St., which Lake Effect Ice Cream bought from the city to be its new production headquarters and retail shop.

Co-owner Erik Bernardi said the addition will contain a walk-in freezer for the increasingly popular brand of ice cream. It is moving from property owned by the Dale Association at 20 Lock St.

The Common Council sold the Canal Street building to Lake Effect for $50,000 on Nov. 21.

The approval wasn’t without its contentious aspects, as Planning Board member David C. Chamberlain said he didn’t like the plans. He called the addition “a vinyl wart” and said it didn’t go along with the historic architectural ambiance the city intended for the repurposed 19th-century buildings on Canal Street.

Bernardi noted that his proposal said the addition was to be built of clapboard, including clapboard removed from the current rear wall of the building, and would be the same color.

Chamberlain objected because the rear of 79-81 Canal now has four windows, and it would only have two after the work.

Bernardi said he didn’t want windows for security reasons. Board member Donald Swanson said the windows could be fake.

Bernardi said there didn’t appear to be any written rules to justify what Chamberlain was asking. “There clearly isn’t a set of guidelines, so I’m telling what we’re going to do and asking you to approve it,” he said.

After a closed-door session between the board and City Planning and Development Director R. Charles Bell, Chamberlain backed down and voted for the project, along with the rest of the board. There will be only two windows.

“We want to do our best to have it open by the beginning of ice cream season,” Bernardi said. “Our business is on the cusp of exploding. We need all the space we can get.”

He said Lake Effect sold 350 pints of ice cream on Super Bowl weekend at the Wegmans on Amherst Street in Buffalo, one of several local supermarkets that now carry the brand.

Also at last week’s meeting, the Planning Board approved plans for a Lockport Cave visitor center and ticket office on a strip of land along Gooding Street. The building is to measure 24 by 32 feet, with an 8-by-24-foot covered rear deck overlooking the Erie Canal, and an attached 12-by-30-foot pavilion.

Clarence “Clancy” Burkwit, co-owner of the Cave operator, Hydraulic Race Co., said the overlook will be open to the public for free. He said the target date for opening the new facility is May 4.

The board also approved the subdivision of the Ulrich City Centre parking lot from the surrounding buildings. The parking lot is to be transferred back to the city by owner David L. Ulrich in the wake of the discovery of buried dry-cleaning chemicals in sediment beneath the pavement.

The discovery torpedoed Ulrich’s plans to sell the site last year.



email: tprohaska@buffnews.com

Volunteer for hospice deals well with people

$
0
0
LOCKPORT – During her 20-year career as a volunteer for Niagara Hospice, Barbara Reed’s interest in people and an affinity for euchre have been as important as her nursing degree.

“My first love is patient care at home. That’s where everybody wants to be when they don’t feel good,” she said. “I do everything, from something as simple as sitting at a bedside holding somebody’s hand to maybe doing dressing changes or medication.”

Hospice services – from pain management, care at home, respite for caregivers and stays at Hospice House on Sunset Drive – are usually for people projected to have six months left to live. Sometimes the care is so good that people get better and live longer than expected, like one memorable client who loved to play cards.

“He was an end-stage cardiac. When I went to his home, he was in a recliner watching the soaps and waiting to die,” said Reed, who visited him for three years. “And it got to the point where I would get him dressed and take him to a friend’s house, and the three of us played euchre.”

Reed’s nursing career included being medical department supervisor at Harrison Radiator when the car parts company employed 13,000 employees and had three medical departments spread throughout the Lockport complex. Her experience with hospice is more intimate, and its services are not as well understood as she would like.

“Hospice does so much to improve the quality of life for a hospice patient that people, I think, people last longer because they feel better and they want to live,” she said. “So often the families will say after they got somebody in hospice, they say, ‘Oh, we should have gotten there sooner. If we only would have known, we would have gotten there sooner.’ ”

How did your friendship with the euchre player develop?

When his condition really started to deteriorate and he couldn’t come out any more, I picked his friend up, and I would take him to my patient’s house and we would play cards in the kitchen, and then as he deteriorated, he was in the recliner in the living room, his friend was on one side and I was on the other side, and we would play cards there.

Then after that when he got really bad, he was in bed, and we played cards with him in bed. We played cards on a Monday, and he died on Thursday.

The other team members on hospice were the ones who got him going so he was in shape to do that.

It was really so cute, so cute.

Why euchre?

It was a game that all three of us knew. I think it was just camaraderie between the three of us.

What was he like?

He was kind of quiet and laid back, and he had a sense of humor.

His friend was a little more sedate. He could make wine out of anything, even potatoes, and he was a good cook. He made lunch for us every time. He was in his 80s. My patient was in his 70s.

Did you try the wine?

I didn’t drink the wine. I couldn’t do that when I was working. None of us really drank the wine while we played cards. He took me down to the basement to show me all the bottles he had there. He was just so proud of his wine collection and all the wines that he made.

Hospice took a picture of the three of us playing cards, and it was put on a poster as kind of a recruitment thing.

Is there something people don’t understand about hospice that you would like to explain?

I think a lot of people are afraid of hospice. I’ve had people say that hospice makes you die faster. But that isn’t true. We have patients who improve so much once they’re hospice patients that they have to be discharged. The patients have to be discharged because the insurance won’t pay the hospice benefit anymore. But then when their condition deteriorates again, they can come back to hospice.

Hospice does so much to improve the quality of life for a hospice patient that people, I think, people last longer because they feel better and they want to live.

I’m looking at a brochure right now of a young woman who got married. It’s a picture of her and her husband and the people in her wedding party. Hospice organized it in two days, I think. I know of another hospice patient who went to the casino. When she came back she was so excited. She lost her money, but she made sure she had enough left for dinner for her family. There was another patient that used to go to Kleinhans Music Hall.

People just don’t lay around waiting for death. Whatever they want to do that can be done, hospice works to make that possible.

I think a lot of people believe if they go to hospice that means they’re giving up. And they really aren’t giving up. What they’re doing is accepting: There isn’t any more treatment that can help, but they’re improving the quality of the patient’s life.

Any other stories?

I was sitting doing a vigil with the wife of the patient. It was an elderly couple, the husband was dying. She said, “Isn’t it a depressing job? Why are you doing this?’”

I said, “I don’t want you to be alone.” She just had a little smile on her face. I can’t remember if she did say anything. I just took away a good feeling that she had someone who wanted to be there who didn’t have to be there.

It just seems so terrible to be alone, especially in a situation like that. I think it helps them with their grieving if they know someone who was there who cared.

I run into these people occasionally when it’s all over. Maybe months later. They get a smile on their face. They’re so happy to see me. It seems like it brings comfort to them.

How does the vigil team work?

We provide support for the family when death is imminent within 48 hours. That support is around the clock. It’s been going on for years. It’s stressful for the family. If somebody from hospice is there, they feel better because the person from hospice knows what to do.

I went into a house for a vigil. There were 15 people in the house, family and friends; the patient was off to the side, in the bedroom. During the evening people were in and out of the room to touch or hold the person who was dying. And someone said, “We look so strong all of us out there. If you weren’t here, we’d be a mess.”



Know a Niagara County resident who would make an interesting column? Write to: Q&A, The Buffalo News, P.O. Box 100, Buffalo, NY 14240, or email niagaranews@buffnews.com.

NU students help low-income, elderly file tax returns

$
0
0
LEWISTON – Business administration students at Niagara University helped hundreds of low-income and elderly taxpayers receive more than half a million dollars in income tax refunds last year, and they’re ready to do it again this year.

James Ingham, an assistant professor of accounting, said 50 to 60 students have completed an Internal Revenue Service training program that enables them to prepare federal and state income tax returns free of charge beginning Tuesday and continuing through early April.

The tax-preparation program, now in its 32nd year at NU, is called Volunteer Income Tax Assistance – or VITA. Ingham said it is a “learn and serve” program aimed mostly at taxpayers with annual incomes of less than $51,000.

“Those with higher incomes usually can afford to pay professional tax preparers,” he explained. “It’s wonderful to offer this service to people who may not be able to afford a professional accountant, and it gives our students an opportunity to apply the knowledge they’ve acquired in the classroom to the real world.”

Last year, the first year Ingham was coordinator of the program at NU, 77 students helped residents file 479 tax returns. More than $575,000 was returned to those residents in federal and state refunds.

“When we talk about creating an educational environment that is enhanced through service and experimental learning, this is exactly what we mean,” said Ingham, a certified public accountant with a master’s degree in business administration.

Under the program, NU students prepare and electronically file the federal and state tax returns, and the refund checks are sent to the taxpayers or are deposited directly into their bank accounts. Ingham said electronic filing and direct deposit provide faster refunds than those for people who file paper returns by mail.

The program is coordinated by members of Beta Alpha Psi, the honor society for accounting, and the college’s Accounting Society. It has received national accolades from Beta Alpha Psi, which has more than 300,000 members in 300 chapters on college and university campuses around the world.

Ingham said some clients of the NU program “have been coming to us for years” and that the experience and training the students get in the College of Business Administration results in “a very high rate of placement in jobs” in their fields when they graduate.

No appointments are necessary for taxpayers seeking help, and the students serve them on a first-come, first-served basis.

Sessions are held both on the NU campus, 5795 Lewiston Road near the Niagara Falls north city line, and at the Doris W. Jones Family Resource Building, 3001 Ninth St., Niagara Falls.

The sessions are offered from 5:45 to 7:30 p.m. in Room 207 of St. Vincent’s Hall on the NU campus on Tuesday, Thursday and Feb. 19, 21, 26 and 28; March 12, 14, 19, 21 and 26; and April 2 and 4.

Sessions also are offered from 5:30 to 7:30 p.m. in the Jones Family Resource Building on Wednesday, Feb. 20 and 27, and March 13, 20 and 27.



email: rbaldwin@buffnews.com

Ex-workers challenge Senecas on insurance

$
0
0
Rashinaz Khasanova was thrilled when she landed a full-time housekeeping job at the Seneca Niagara Casino’s hotel in Niagara Falls about six years ago.

But she’s not thrilled since the Senecas’ insurer cut off her workers’ compensation benefits last year, following a back injury she suffered on the job while moving a mattress.

“I was really disappointed and really scared, because I was so in pain,” said Khasanova, an immigrant from the former Soviet republic of Uzbekistan, through an interpreter.

Khasanova, who is now living on unemployment benefits, Medicaid and food stamps, is one of eight former Seneca employees caught in the middle of the Seneca Gaming Corp.’s decision to drop New York State workers’ compensation coverage for its casino employees.

In fact, the Senecas never had to offer any type of compensation coverage, because it is a tribal matter and not governed by state law, according to the state Workers’ Compensation Board.

In spite of that, the Senecas say they are buying insurance and insist employees are well-covered.

“The company’s workers’ compensation program is substantially similar to the New York State program,” Seneca Gaming Corp. said in a prepared statement. “As such, all eligible Seneca Gaming Corp. employees have always been – and remain – eligible for workers’ compensation benefits.”

But attorneys for the former casino employees are appealing to the state Workers’ Compensation Board. They want the board to require the Senecas’ former insurance carrier to resume paying their clients’ benefits. A hearing is set for Feb. 26 in Buffalo.

“I don’t think people working there or hired there realize that, if they get hurt on the job, they’re on their own with no benefits at all,” said Lawrence Lindsay, Khasanova’s attorney.

The Senecas say that is not true.

“Under the company’s current program, as under the state system, each claim is determined on a fact-specific, case-by-case basis,” its statement said. “Coverage and decisions are driven by the merits, facts and circumstances of each particular case.”

Khasanova, who has been in the United States for seven years, landed a 40-hour-a-week job at the Seneca Niagara Casino in 2007. She said she was injured in September 2011 and kept working until Jan. 11, 2012, when she had to stop because of the pain.

“Very heavy mattress change,” she said of the incident in which she was hurt. “Every day, have to clean 14 rooms.”

She said she tried to keep working, but on two occasions in December 2011, she went to a hospital emergency room because of the pain.

Khasanova’s weekly pay at the time she went on workers’ compensation was $398.80. Her benefits started at two-thirds of that weekly pay ($265 a week) and were reduced to half-pay ($132 a week) before she was cut off in May of last year.

Now on Medicaid, she has been receiving $179 a week in unemployment benefits since the Senecas terminated her in August. She also receives $300 a month in food stamps.

In a typical workers’ compensation case, Lindsay said, Khasanova could have appealed.

“We would have been able to go to court and have a judge determine whether the decision to cut her off was appropriate. Her doctors are still saying she has a disability. In all likelihood, a benefit would be being paid to her right now,” he said.

Attorneys representing Khasanova and the seven other injured workers went before an administrative law judge of the state Workers’ Compensation Board in Buffalo on Jan. 31, seeking to restore benefits for their clients.

Lindsay and the other attorneys are trying to force the Senecas’ former insurance carrier, Arch Insurance Co., to resume paying the benefits for cases that began before the Senecas dropped Arch on Dec. 1, 2011.

But when the Senecas changed insurance carriers, they also informed the workers that from now on, their coverage would be governed by “tribal law.”

The problem with that, Lindsay said, is that the Senecas don’t have their own workers’ compensation law.

At first, a Workers’ Compensation Board administrative law judge ruled that Arch Insurance was responsible to continue paying the injured workers, but Arch appealed.

A panel of three members of the board reversed the decision and ordered further hearings.

But there is a problem with the appeal: The Senecas, contending the board has no jurisdiction over them, did not send a representative to last week’s hearing. Seneca Gaming’s third-party workers’ compensation administrator, Tribal First, a San Diego company, also skipped the session.

Last spring, Tribal First sent one of the eight workers’ attorneys a letter, listing numerous U.S. Supreme Court rulings on Indian rights and declaring that no state agency, including the Workers’ Compensation Board, has any say over the Seneca Nation’s activities.

“Sovereign Native American nations are not required to purchase a New York State workers’ compensation policy. They may voluntarily purchase a policy, which would insure workplace accidents and illnesses of their employees,” said Joseph Cavalcante, spokesman for the state Workers’ Compensation Board.

In one respect, Khasanova’s case is a typical workers’ compensation fight over whether the affected workers are still disabled. Correspondence that Lindsay released indicates that Tribal First believes, based on reports from treating physicians, that Khasanova had recovered from her injury as much as she was going to.

Lindsay said Tribal First offered Khasanova a $5,000 settlement last week, but it has not been accepted. He said he’s waiting to see if the board reinstates Arch Insurance as payer of Khasanova’s benefits.

“If that happens, we’re back under New York State workers’ comp law,” Lindsay said.

And if so, he said, Khasanova can do “tremendously better” than $5,000 in benefits.

“Failing that, there’s not much anybody can do,” Lindsay added. “I think [the Senecas] can do anything they want. There’s no checks or balances to that.”



email: tprohaska@buffnews.com

Appraisal hurdle cleared in Trek deal

$
0
0
LOCKPORT – The bank appraisal of the building where Trek Inc. is to place its new plant finally arrived last week.

R. Charles Bell, Lockport planning and development director, declined to disclose the figure, but he said it’s high enough to support the mortgage the city needs to pay for the interior renovation of Building 4 at Harrison Place.

The lack of appraisal held up the deal for several weeks.

That’s where Trek, a Medina electronic instrument maker, plans to relocate, bringing 72 jobs to downtown Lockport. Trek plans to create another 24 jobs in the next couple of years.

Harrison Place, the onetime Harrison Radiator complex at Walnut and Washburn streets, is owned by 210 Walnut LLC, an officially private entity that is completely controlled by the city. Mayor Michael W. Tucker said 210 Walnut will have to borrow about $4 million to pay for the work.

The amount of the mortgage, in turn, was to drive the amount Trek is to pay for its 20-year lease. The figure had to be set high enough to cover the mortgage payments.

Five Star Bank, the city’s chosen lender, needed an independent appraisal of the 96,000-square-foot, three-story Building 4, but the appraiser it chose took weeks longer than the city expected.

Meanwhile, city Chief Building Inspector Jason Dool said a tour of Harrison Place last week confirmed some fire code violations that he expects will soon be addressed.

A Buffalo News reader who attended a recent auction at Faery Auctions in Building 2 called the newspaper to complain of a number of alleged code violations

Dool said that, as the News reader said, there are some exit signs with blown-out light bulbs; fire extinguishers whose contents haven’t been inspected in more than a year; and a need to inspect the sprinkler system.

He said the problems will be attended to soon. However, he found no evidence to back the reader’s assertion that fire doors were locked during the auction, which the reader said drew about 200 people to the plant, built in 1914.



email: tprohaska@buffnews.com

Love Canal lawsuit: Is history repeating?

$
0
0
NIAGARA FALLS – The weird popping and hissing sounds coming from their basement offered the first sign that something was wrong.

Then a foul chemical smell filled the first floor of Melanie and Zachary Herr’s home, burning their eyes and nostrils.

Next, their dogs and cats started vomiting. In the basement, the cap blew off a sewer pipe.

“I’m getting out of here,” Melanie told her husband that day in February 2011, “and I’m taking the kids.”

The Herrs live on 93rd Street in Niagara Falls, about a quarter mile from the infamous Love Canal, the toxic dump that, in the late 1970s, became a national symbol of the dangers of hazardous wastes.

Nearly 25 years after the state and federal governments declared that the Love Canal neighborhood was a safe place for people to live, even though 21,800 tons of toxic waste remain buried there, new questions are being raised.

Is history repeating itself at the Love Canal?

Is the neighborhood really safe?

The Herrs and two other families have filed a $113 million state lawsuit, alleging that the chemical landfill at Love Canal is leaking and that people in the nearby neighborhood have become ill from those chemicals.

More than 300 additional families – current or former residents of the repopulated Love Canal neighborhood – are talking about joining the lawsuit, according to the attorneys who filed the legal action.

“We have reason to believe that Love Canal-era chemicals have migrated onto our yards and into our homes. We have suffered property damage and serious ongoing health problems,” the three families wrote in an October 2011 letter to state and federal officials. “The matter is urgent.”

Local, state and federal officials are adamant that the new neighborhood is safe. They say the poisonous chemicals from Love Canal have been securely sealed. The chemicals are not spreading, they say, and there is daily monitoring of the 70-acre landfill where the chemicals are buried.

“I wouldn’t have any problem living across the street from Love Canal,” said Niagara Falls Mayor Paul A. Dyster, who does not live in the Love Canal neighborhood.

The EPA in 2004 removed Love Canal from its national list of Superfund waste sites, declaring that “all cleanup work at the site has been completed” and calling the neighborhood “a thriving community.”

“People love it here," said Michael J. Basile, a spokesman for the U.S. Environmental Protection Agency. “They know it’s safe. ... It’s monitored on a daily basis. ... If we ever did discover a problem, we’d see that it was fixed immediately.”The Herrs said they knew a bit about the history of Love Canal when they bought their home – within sight of the landfill – at the bargain price of $40,000 in February 2002.

They knew that hundreds of families were evacuated after then-President Jimmy Carter declared portions of the neighborhood an environmental disaster in 1979. Once the families moved out, hundreds of millions of dollars were spent to clean up the neighborhood and make sure the chemicals were safely buried.

The next step was to refurbish about 300 abandoned homes near the toxic landfill, while government agencies also encouraged other development in the neighborhood, including two playgrounds, a baseball-softball complex for youngsters, an 80-unit senior apartments complex and a senior citizens activities center.

The neighborhood was also given a new name: Black Creek Village.

Finally, the neighborhood was ready for resettling, and a well-publicized campaign began to sell the refurbished houses to new occupants.

The Herrs were among those who moved in.

They said a real estate agent repeatedly assured them that all the toxic waste was safely stored underground at the landfill and that government agencies had checked the neighborhood for chemical contamination and declared it completely safe.

“They said it was the safest place in the Falls,” Zachary Herr recalled.

Getting a $40,000 home in “move-in condition” in a suburban-looking, low-crime neighborhood close to a playground seemed too good to pass up, the Herrs said.

But after nine years in the house and the basement sewer incident in February 2011, their optimism changed. The Herrs wonder if they made a mistake that put their children in danger.

Melanie Herr and the couple’s two children moved to a relative’s home for about a year after the sewer incident. They have since moved back.

For years, Melanie Herr, her son and daughter have experienced a variety of health problems, including asthma, severe headaches and skin rashes.

Another family that lived a few blocks away had worse trouble. Their baby boy was born with clubbed feet and other birth defects. That family, the Korsons, abandoned their home in Niagara Falls and moved to Pennsylvania last year.

“It’s horrible being here. You constantly worry about your kids,” said Zachary Herr, 36, a technician with a local biomedical company. “I feel like I’m stuck here. I can’t in good faith sell this place to someone else.”At first glance, the 70-acre landfill of Love Canal looks like a sprawling, grass-covered park, with gently rolling hills and small trees. It’s not unusual to see people walking their dogs in the neighborhood, just outside the landfill.

A closer look reveals several small buildings and hundreds of pipes, air-monitoring devices and monitoring wells all over the property, which is surrounded by a tall, chain-link fence.

Glenn Springs Holdings, a subsidiary of Occidental Chemical, monitors the landfill with computers, 24 hours a day. Glenn Springs pays another company, Conestoga-Rovers & Associates, or CRA, to run the landfill.

“The health and safety of the surrounding community and neighborhood is our No. 1 priority,” said Eric Moses, a Glenn Springs spokesman.

On the site, wastewater is pumped into huge metal tanks and filtered twice through carbon before being channeled into the city sewers. The water is then processed again at the Niagara Falls Water Treatment Center and discharged into the Niagara River and, ultimately, it tumbles over Niagara Falls.

Each year, the landfill processes 3 million to 6 million gallons of “leachate” – water that becomes contaminated with chemicals as it leaches through the Love Canal property. The amount of leachate depends on the amount of rain and snow in a given year.

The filtration system can process more than 150 gallons of leachate each minute.

One employee is usually on duty at the landfill, watching computers that show what is being measured by monitoring wells throughout the landfill, according to Glenn Springs and Occidental officials.

As long as the monitoring wells show that leachate is draining toward the center of the landfill – rather than out toward the surrounding neighborhood – the company says it can be sure the landfill is functioning properly.

There never has been any indication that leachate is flowing away from the landfill toward the neighborhood, according to these officials, and the company said it has never found any holes or cracks in the thick cap of clay or the plastic liner that covers the toxic waste.

The state Department of Environmental Conservation works closely with Glenn Springs, company officials said. And if state inspectors ever have doubts or questions about the operation, they can come in, unannounced, and inspect the landfill.

The company hires laboratories to examine samples taken from the monitoring wells each year. At times, the state DEC has also hired laboratories to do independent examinations of the same samples, but that independent testing hasn’t been done in the past two years, company officials said.

Dyster, now in his second term as Niagara Falls mayor, said he is satisfied that the landfill is being run properly.

“It’s very closely monitored. There are a lot of eyes watching,” Dyster said.

But something happened in early 2011 that made a lot of people question whether everything was running as smoothly as government officials said.In January 2011, poisonous waste was discovered in a Colvin Boulevard sanitary sewer just outside the landfill.

The city had hired a local contractor to clean up sewers and storm drains in the residential neighborhood near the landfill. It was supposed to be a routine maintenance job. Workers dug a 50-foot trench near Colvin and 96th Street, near the city-run LaSalle senior citizens center.

But while inside the trench, the workers found sediment contaminated with toxic chemicals, including some so caustic that they disintegrated the shoelaces of one worker. The chemicals found at the site “can be directly linked” to the Love Canal waste site, the Herrs’ suit asserts.

One of the toxic materials in the trench was an oily, poisonous substance called NAPL, or non-aqueous phase liquid. Another was trichlorobenzene, a chemical formerly used in solvents and pesticides.

Rather than calling immediately for a qualified environmental cleanup crew, workers used high-pressure hoses to try to clean up the material, according to the lawsuit.

Workers also tried to “flush” the material down sewers and storm drains. Those actions resulted in “dispersing the contaminants even further onto and into the property and homes” of nearby residents, the Herrs’ lawsuit asserts.

After that, the trench was left open “for weeks,” the lawsuit alleges.

It was during that time that the incident occurred in the Herrs’ basement in February. Other homes in the neighborhood were also contaminated, the lawsuit alleges.

The fact that the oily substance was found in the sewer line indicates that dangerous substances are escaping from the Love Canal landfill, the Herrs and their attorneys contend.State and federal officials offer a different explanation.

Yes, there are chemicals on the Herrs’ property and two others, but the levels found at these three homes are “typical” for urban neighborhoods, according to officials of the DEC. And the levels are within acceptable limits for properties near a remedial cleanup site, the state says.

The section of sewer line where workers found the toxic chemicals was just one of 17 sections recently repaired in the neighborhood. No contamination was found in any of the other 16 sections, the DEC said.

The NAPL contamination appears to have been isolated to that one section of sewer, which was more than 20 feet below the surface, the state agency said.

That material probably had been there for years, according to the DEC and the EPA.

In addition, after the toxic material was found in the trench, a new monitoring well was installed nearby. No additional toxic material has been found in that well, the DEC said.

The toxic material “appears to be some residual material from decades ago, and there was no evidence that the chemicals found in the sewer bedding on Colvin ... had migrated from the Love Canal site since the containment system was installed,” the state agency said after an investigation.

The sewer incident caused no lasting danger to the public, according to state and federal officials.

But some people remained skeptical.The Herrs and two other families sent a 20-page letter to the EPA in October 2011. Their letter referred to strange, unsettling things that allegedly occurred in the neighborhood after the sewer incident:

• Several neighbors had pets that developed unexplained lumps on their bodies, infections and cancers. One neighbor has had four dogs or cats die of cancer.

• White foam was sometimes seen on roads, sewers and drains, and neighbors reported seeing chemicals in puddles.

• High concentrations of toxic substances were found at the homes of the three lawsuit plaintiffs.

• Workers from the city and state were repeatedly seen digging, sampling the dirt, removing trees, cleaning sewers and flushing out hydrants at the senior citizens center adjacent to the landfill. Some neighbors complain that these incidents are never explained to them.

An EPA official responded in a letter to the families last year.

Those neighborhood incidents were thoroughly investigated, and it was determined that the Love Canal containment system is operating “properly and effectively,” the EPA said.

Yet many people who spoke to the legal team that filed the Herrs’ lawsuit believe they have experienced serious health problems as a result of living near Love Canal, according to Steven J. Phillips, one of the lead lawyers in the lawsuit. Phillips, though, would not provide numbers or specific information about the hazards.

But the health problems, Phillips said, include babies born with birth defects and adults with serious illnesses such as cancers or heart problems.

Much more information about health problems will be made public as the lawsuit proceeds, said Phillips, a New York City attorney who specializes in environmental safety.

“There are grave questions about how the remediation of Love Canal was designed and implemented ... and about the monitoring,” Phillips said. And government monitoring of the site has been “lax, sloppy, incompetent and possibly criminal,” Phillips said.

Environmental activist Stephen U. Lester, who has done extensive research at Love Canal over the past 35 years, agrees with Phillips. He is the science director of the Center for Health, Environment & Justice, a Virginia-based not-for-profit environmental activism group founded by Lester’s wife, former Love Canal resident Lois Gibbs.

The government never should have allowed people to resettle in a neighborhood surrounding a landfill full of dangerous chemicals, Lester said.

Many people who moved into the neighborhood – such as the Herrs – were not made fully aware of the dangers, he said.

Phillips also calls attention to the group monitoring operations at the landfill. When The Buffalo News asked state and federal officials for safety reports on the landfill, the government agencies turned over reports compiled by Glenn Springs Holdings, the very company that runs the landfill.

“There’s an ancient legal doctrine called ‘putting the fox in charge of the hen house.’ It’s not a good situation,” Phillips said. “There’s nothing wrong with letting the fox file reports with the government, but you darn well ought to have some independent verification and scrutiny by the government.”

State officials work closely with Glenn Springs, according to state DEC spokeswoman Emily DeSantis, and they are constantly staying on top of the situation and making sure the reports from Glenn Springs are accurate.

“DEC staff actively oversees the long-term operation and maintenance of the facility, through site visits and the review of operation monitoring reports,” DeSantis said. “In addition, the [federal EPA] also conducts a review of the Love Canal remediation every five years.”

Video: Watch EPA spokesman Mike Basile describe the toxics at Love Canal

Some people who live in the neighborhood say the lawsuit is nothing more than a money grab, engineered by lawyers who hope to make millions by exploiting Love Canal’s past.

That drew an angry reaction from the Herrs.

“There is no amount of money that would make me want my kids to be sick,” Zachary Herr said.

Those people “will feel different when something happens to them,” his wife said.



email: dherbeck@buffnews.com and cspecht@buffnews.com

MONDAY: Why they moved in

Free family event Saturday to mark Hunter’s Day of Hope

$
0
0
Buffalo Bills Hall of Fame quarterback Jim Kelly, his wife, Jill, and the Hunter’s Hope Foundation will host the 15th annual Hunter’s Day of Hope and Prayer for Children from 1 to 4 p.m. Saturday in the Buffalo Bills Healthy Zone Fieldhouse in Orchard Park.

A free family event, it will feature food, games, prizes and entertainment from Quizmaster, Rince Na Tiarna, Shepherd’s Troupe, and Master Khechen’s Martial Arts and Fitness Academy, among others.

This year the foundation also is asking people around the world to take part in a virtual Day of Hope and Prayer for Children by posting special images from the Hunter’s Hope Facebook and Twitter page on their own Facebook and Twitter profile and picture pages from Thursday to Saturday. For information, visit www.huntershope.org.

Hunter’s Day of Hope is celebrated in conjunction with the Feb. 14 birthday of the Kelly’s son, Hunter, who died at age 8 in August 2005. The Kelly family established Hunter’s Hope after Hunter was diagnosed with Krabbe Leukodystrophy, an inherited, fatal, nervous system disease.

County wins $400,000 grant for NT police dispatching costs

$
0
0
LOCKPORT – The Niagara County Sheriff’s Office has won a $400,000 state grant, most of which will be used for the transfer of North Tonawanda police dispatching duties to the Sheriff’s Office.

Sheriff James R. Voutour told a County Legislature committee last week that the grant will cover major costs that North Tonawanda would have incurred for the transfer.

Six dispatchers were moved from North Tonawanda to the Sheriff’s Office payroll as of July 1, and North Tonawanda police calls have been dispatched from Lockport since then. The city’s fire calls have been the county’s responsibility for several years.

Mayor Robert G. Ortt said that the Local Government Efficiency Grant “is a further validation that this was the right thing to do.”

However, the grant doesn’t cover the salaries and benefits of the six dispatchers, which North Tonawanda committed to pay until the end of 2013. Ortt said the bill for the second half of 2012 was just over $200,000.

In 2014, North Tonawanda will pay 75 percent of the salaries and benefits. The city’s share will decrease to 50 percent in 2015 and 25 percent in 2016 before the county takes on the full burden.

Voutour said the lion’s share of the grant, almost $200,000, will pay for the new portable radios for every North Tonawanda policeman that the county had promised the city.

Those radios, like those for all other municipalities and fire companies, were to be part of the county’s $10 million emergency radio system upgrade.

“This grant will now cover that so the county doesn’t have to spend that money,” Voutour said.

The grant also will cover $90,000 for mobile radios in North Tonawanda police cars; $50,000 for a dedicated phone line from North Tonawanda Police Headquarters to the county dispatching center; $24,000 for new pagers for North Tonawanda firefighters; $12,000 to pay overtime for training the dispatchers; $3,000 for training materials; and $4,000 for the uniforms for the six dispatchers.

In all, the city saves $383,000 thanks to the grant, Voutour said.



email: tprohaska@buffnews.com

Paladino to lead Albany rally against new gun-control law

$
0
0
Carl P. Paladino on Sunday criticized Gov. Andrew M. Cuomo and supporters of the state’s new gun-control law and said he plans to lead the Western New York contingent to a statewide Gun Rights and Lobby Day on Tuesday on the Capitol steps in Albany.

The Buffalo developer, who as the Republican nominee lost to Cuomo in the 2010 election, said the law is “not proper in its process nor in its substance, and it’s an insult to the people of New York State.”

Tuesday’s rally is being sponsored by the group Turn Albany Upside Down. “Busloads of people from all parts of the state are going to tell Cuomo that we are going to turn the state upside down and this is the beginning of the end for him,” Paladino told The Buffalo News.

“I view the Democrats who voted for Cuomo’s SAFE Act as sort of hopeless, and I intend to make sure Mark Grisanti is not re-elected,” Paladino said. “I don’t care who replaces him, even if it’s a Democrat.”

Grisanti, of Buffalo, is among the Republican state senators who voted for the new gun-control law referred to as the SAFE Act.

“Tim Kennedy also should be brought to the woodshed,” Paladino said of the Democratic senator from Buffalo who also voted for the act.

Paladino said the gun-control law “is so unfortunate.” It was passed, 43-18, by the Senate on Jan. 14. Paladino listed 11 GOP senators who voted for it, along with most of the Democrats.

Paladino said the Albany rally will begin at 11 a.m., after which participants will be urged to “lobby our legislators in their offices.”

“This is part of a greater campaign,” he said. “It’s a prelude to another rally on Feb. 28, sponsored by the New York State Rifle and Pistol Association, and we’re going to keep it going until the next election.”

New York, which already had among the strongest gun-control laws in the nation, passed the SAFE Act in response to the recent spate of shootings at schools across the nation, notably the massacre in December of 20 children and six adults at Sandy Hook Elementary School in Newtown, Conn. Among its provisions are requiring the registration of firearms and ammunition, and prohibiting certain weapons.

Turn Albany Upside Down said that the state was hasty in enacting the new law and that some of its provisions are unlawful. The group says:

• Many legislators had less than half an hour to read the 45-page bill before voting on it.

• The legislation prohibits the sale of magazines with a capacity of more than seven rounds of ammunition, but “few or no such magazines exist for the firearms currently possessed by law-abiding residents.”

• “The only persons who will comply with the new ban on high-capacity magazines are law-abiding citizens, leaving the same high-capacity magazines in the hands of those who choose not to obey the law.”

• The law limits a constitutional right while it “fails to offer any meaningful solutions to gun violence.”



email: rbaldwin@buffnews.com

New knitting club starts Wednesday in Lewiston

$
0
0
LEWISTON – A new knitting club called the Lewiston Knit-Wits will hold its first meeting from 7 to 8:30 p.m. Wednesday on the second floor of the Historic Opera Hall, 736 Center St.

The group is open to knitters of all ages and levels of experience. Participants can bring their knitting supplies and work on their own knitting projects or they can propose a project to the group.

Liz Kovacs, one of the organizers, said, “If you would like to learn to knit, just bring some yarn and needles and you’ll find a mentor to get you started. The aim is to have a relaxed and enjoyable evening, connect with others and have fun.” Coffee, tea and cookies will be available.

The group will meet on the second and fourth Wednesdays of each month. It is open to the public free of charge, and reservations are not required. There are two flights of stairs to the upper hall; it is not wheelchair accessible.

For more information, call Kovacs at 282-2098.

Choosing Love Canal for a neighbor

$
0
0
Second of two parts



By Charlie Specht and Dan Herbeck

News STAFF ReporterS

NIAGARA FALLS – Want to buy – for just $40,000 – a two-bedroom, completely refurbished ranch home in a low-crime, suburban-style neighborhood … but just a few yards from a toxic dump containing nearly 22,000 tons of chemicals?

Don’t laugh. Hundreds of people have made the purchase.

Some remain satisfied with the deal. Others are having regrets.

In the decades since it became a national horror story, the neighborhood around the old Love Canal has sprung back to life with young families and new development.

But while some of the new residents claim in a $113 million lawsuit that chemicals are leaking from the landfill and causing them health problems, others wonder why the government permitted redevelopment in the first place.

And why anyone would ever choose to live there.

“I think it’s absolutely crazy,” former resident Luella Kenny said. “I don’t think anyone should have been moved in here.”

Kenny knows firsthand the dangers of living near the notorious toxic waste dump. She fled the area in the 1970s after her 7-year-old son died of a rare kidney disease that was linked to chemical-waste exposure. And she believes letting young families move into her old home – and the homes of her neighbors – was a grave error.

“There are a lot of areas of Niagara Falls that could have been rehabbed without danger,” Kenny said. “What are you trying to prove when you put a playground next to 22,000 tons of chemicals?”

Government officials say that playground – along with the senior citizen center and hundreds of houses surrounding the toxic dump – are perfectly safe. They defend the construction that has taken place over the past two decades.

“It’s probably the most tested piece of property on this planet,” said Michael J. Basile, spokesman for the Environmental Protection Agency. “Not only was it tested, but we had scientists, chemists, geologists and engineers reviewing data that came back, which led us to make the decisions we made.”

Those decisions included leaving most of the toxic chemicals found during the late 1970s on-site – in all, 21,800 tons of hazardous substances. State officials declared the neighborhood a disaster area in 1979, and more than 800 families fled the neighborhood. But a decade later, hundreds of others would begin to take their place.After cleaning up contaminated sections of the neighborhood, capping the hazardous material in an underground treatment facility and surrounding the dump with a chain-link fence, the federal government authorized the resettlement of the area around the landfill in the 1990s.

One side of the area around the fenced-in landfill was deemed too toxic for residential use, and today the streets there resemble a barren rural outpost.

But to the north and west of the 70-acre canal, there are neighborhoods.

More than 200 homes – in many cases, the same ones abandoned by Luella Kenny and her neighbors – were rehabilitated with government funds and put up for sale.

The area to the north of the canal was even given a new name: Black Creek Village.

Enticed by cheap housing prices and government promises that the area was safe, people such as Nicole Morales jumped at the offer. Morales, a local bank employee, had heard about the toxic history of the area. She knew she was taking a chance when she bought her ranch on 98th Street and moved in with her husband, their 12-year-old son and their 9-year-old daughter.

“People told me, ‘You know what’s there,’ ” she said. “It’s the choice you make and the chance you take.”

But like many others, she said the price – well below market value on a safe, suburban-like street – was right.

So last year, the Moraleses bought a house down the street from one of the world’s most notorious environmental waste sites.

“We got a good bargain on this house, too good to pass up,” she said. “Whoever worked on this house did it right.”Some of the families who were living in Love Canal neighborhood back the 1970s are still there today.

Many were hesitant to leave unless they saw tangible signs of illnesses among their friends and families, and many are happy living near Love Canal to this day.

“We’ve been here 40 years, and we’re still alive and kicking,” said Betty LaFountain. “Some people, like we are, say everything’s been fine. Other people, they’ve had all sorts of problems.”

Nathan and Elena Korson count themselves among the latter.

The young family moved from California a few years ago so Nathan Korson, a military veteran, could find work.

Like other young families, the Korsons said they had never heard of Love Canal until after they bought their house.

When a neighbor notified them about the contents of the fenced-in landfill a few blocks away, Nathan Korson was “astounded,” the neighbor said.

The family’s worries grew into a nightmare when their first child was born in 2011 with club feet and other birth defects.

Soon after, the Korsons tried to sell their 92nd Street home. When they couldn’t find a buyer, they abandoned the home and fled to Pennsylvania. Their home remains vacant to this day.

The Korsons are one of three families suing the government for $113 million, claiming health issues in the neighborhood stem from a breach in the Love Canal containment system.

Government officials insist this is not the case. They say the Love Canal-era chemicals found in a city sewer pipe in February 2011 had been there for decades and pose no danger to families.

Real estate agents say most buyers from Western New York – unlike the Korsons – are aware of the history of the area.

“When I’m telling someone, I always say it’s in the Love Canal section,” said Bonnie Fitzgerald of Realty USA. “But obviously, I don’t push the issue.”

That’s because – as she and others pointed out – selling a home near Love Canal can be difficult, given the toxic history.

“The poor families that are selling the home, you don’t want to stigmatize it and then they never sell the house,” Fitzgerald said.Today, Niagara Falls has scores of declining neighborhoods with crumbling houses and crime-ridden streets.

But Black Creek Village is not one of them.

The area in recent years has experienced a construction boom of sorts, as city agencies and community groups built:

• A senior housing complex across from the Love Canal landfill entrance. Built in 1999, the complex boasts 80 units.

• A $100,000 playground and walking trail, built in 1998 about 100 yards from the Love Canal landfill.

• A senior citizen recreation center where seniors gather each morning for coffee.

• A $1 million baseball and softball complex built in 2004 on the site of the former 93rd Street School, which was demolished along with 300 homes during two waves of evacuations.

“It has one of the highest property and occupancy rates in the whole city,” said Mayor Paul A. Dyster, who took office after the developments. “It is considered to be one of the most stable neighborhoods.”

Perhaps the most controversial project was the playground. It stands on the edge of the Love Canal landfill, separated from the landfill by a row of houses and a chain-link fence.

Samuel J. Giarrizzo was considered a neighborhood hero for helping see the project through. Today, his wife, Lillian Giarrizzo, has no regrets about the development.

“I don’t worry about Love Canal,” she said. “They monitor it on a daily basis. The DEC has been out and checked our property. They found nothing” wrong.

Federal officials say the site is the ultimate success story of environmental cleanup efforts.

“It was like a ghost town,” said Basile, of the Environmental Protection Agency. “You’d see five boarded-up houses in a row, and today, it’s a successful community. This shows what can take place after a black eyesore like Love Canal.”Though government agencies and Occidental Chemical say the area is safe, associates of Lois Gibbs – the Niagara Falls housewife who became a champion of citizen activism after Love Canal – side with the families raising the questions.

“I’ve analogized the Niagara Falls mayors to that mayor in the movie ‘Jaws,’ ” said Stephen U. Lester, science director for the Center for Health, Environment and Justice in Washington, D.C. “There are sharks out there in the water, and he’s telling everyone that everything is OK. It’s not exactly the same as the shark in ‘Jaws.’ It’s not an imminent threat, but it’s a threat.”

The threat became a reality for JoAnn Abbo-Bradley and others after the sewer incident.

A 90th Street resident, Abbo- Bradley said her sons have developed “rare” illnesses since the sewer repair job went awry.

She bought her house 10 years ago after assurances that the area was safe. Now she regrets the decision.

“It’s nerve-wracking to keep sleeping in it, waking up in it, preparing meals in it, sending your kids out to play,” Abbo-Bradley said. “Every time the toilet backs up … you still worry because of where the source of the water is coming from.”

“We’re raised to trust the government from a young age,” she said. “And then when something like this happens, you wonder. I think they fooled us. I think they fooled us epically.”

Abbo-Bradley took a chance 10 years ago that Love Canal was a thing of the past.

She now wants a way out.

“I’m not under any law to tell that Love Canal is a few blocks away,” she said. “But I’m going to do that to another human being?”



email: cspecht@buffnews.com and dherbeck@buffnews.com

Congress’ inaction leaves violence on women unremedied

$
0
0
WASHINGTON – More than a year after inadvertently severing the federal lifeline to domestic-violence programs in Buffalo and across the nation, Congress is inching toward fixing what it broke.

But while the Senate is on the verge of passing the Violence Against Women Act, which is scheduled for a vote today, that fix could still falter in the House, where the bill remains hung up on a proposal to allow tribal courts to render justice on white men who abuse their partners on Indian land.

The debate over the bill resonates in both metro Buffalo, where there were 5,156 reported incidents of domestic violence in 2011 alone, and on the reservations of the Seneca Nation of Indians, where – as on all Indian reservations – white abusers of Native American women can routinely escape justice through a legal loophole.

In addition to opposing the provision involving Native Americans, House Republicans last year objected to the Democratic-controlled Senate’s call for extending the bill’s protections to lesbians and illegal immigrants. As a result, the two legislative chambers never settled on a final compromise on the Violence Against Women Act.

All of which is appalling to women such as Jerri Lynn Sparks, of Churchville, near Rochester, who found herself running for her life, bloodied and beaten, after her husband attacked her last July.

“This is what happens when a political party forgets to represent the people,” said Sparks, a former top aide to former Rep. Eric J.J. Massa, D-Corning.

There are signs, though, that House Republicans will be much more amenable to compromise on the issue this year, after an election in which allegations of a GOP “war on women” cost the party dearly at the ballot box.

The Violence Against Women Act “just naturally moved up the priority list for a lot of members,” said Rep. Tom Reed, R-Corning. “This is the sort of issue where we have to set politics aside.”

In fact, the Violence Against Women Act has enjoyed widespread bipartisan support since its original passage in 1994.

The law authorizes federal grants to social service agencies for providing housing and counseling to victims of domestic violence, as well as money for training to police departments so that officers will be schooled in handling “domestics.”

“A lot of the resources available to help women to escape an abusive relationship are made possible by the Violence Against Women Act,” Sparks said.

In addition, she said the federal law provides for a consistent focus on domestic violence across state lines – which may not exist without the assist from Washington – while boosting public awareness of the programs that exist to aid battered women.

Together, those efforts have achieved a 50 percent reduction in incidents of domestic violence nationwide in the last two decades, said Sen. Charles E. Schumer, D-N.Y.

“That number speaks for itself,” Schumer said. “Can you imagine? A 50 percent reduction is huge. With that kind of return on investment, no one can argue that we shouldn’t pass this bill.”

The bill would authorize $659 million in funding for programs to combat domestic violence, down by 17 percent from the previous level of funding.

People at the agencies that receive that money aren’t thrilled with the reduction, but they say it’s far better than seeing their funding dry up completely, which is what they fear will happen if Congress doesn’t reauthorize the Violence Against Women’s Act.

While some funding for domestic-violence programs has continued under other legislation since the act expired, they say that won’t continue indefinitely unless the law is reauthorized.

“What I don’t think people understand is that the support this law provides to the police, the prosecutors and the courts to handle domestic violence, sexual assaults and stalking,” said Mary Ann C. Deibel-Braun, victims services coordinator for Catholic Charities in the Diocese of Buffalo.

Deibel-Braun said she was astonished that the bill got hung up last year over provisions to extend its protections to Native Americans, lesbians and illegal immigrants.

“To say that some women should be protected under the law, but not all, is very offensive,” she said.

The bill that the Senate is on the verge of passing is similar to one that it approved last year, but for one difference: While it still clarifies that the law applies to lesbians and immigrants, a controversial provision granting more visas to abused immigrants has been removed.

Congressional sources expect that change to make the bill more palatable to the Republican-controlled House, where one key obstacle remains: the provision to allow tribal courts to bring cases against white men who abuse women on Indian territory.

To Lesley Farrell, social services commissioner for the Seneca Nation of Indians, such a provision makes good sense.

“There are no current consequences for non-Native perpetrators of attacks on Native American women,” Farrell said. “I don’t have the exact statistics, but it happens on all Indian territories.”

Still, some lawmakers harbor grave doubts about giving tribal courts jurisdiction over non-Indians.

“It raises such significant constitutional problems that its passage might actually not accomplish anything at all for Native American women while failing to protect the constitutional rights of other American citizens,” Sen. Charles E. Grassley, R-Iowa, said on the Senate floor last week.

Hearing such concerns on both sides of Capitol Hill, House Majority Leader Eric Cantor, R-Va., is trying to hammer out a compromise with Rep. Tom Cole, an Oklahoma Republican and one of three Native Americans in the House. One possible solution would allow non-Indians to petition to have their cases moved to federal court if they feel they are not getting a fair trial in a tribal court.

But even if a deal isn’t struck on the controversial provision regarding Native American women, Democrats said, it’s essential for the House to move forward on the bill.

“A full reauthorization of this law is necessary to ensure authorities have all the resources they need to fight domestic violence,” Senate Majority Leader Harry Reid, D-Nev., said on the Senate floor. “So I hope the Senate’s bipartisan action this week will send a strong message to House Republican leaders that further partisan delay is unacceptable.”



email: jzremski@buffnews.com

Winter’s next torments – freezing rain and high winds

$
0
0
Old Man Winter, after tormenting the region with snow and cold over the weekend, is starting off the new week with two more of his favorites – freezing rain and gale force winds.

The National Weather Service issued a freezing rain advisory for the Southtowns, the Southern Tier and the Finger Lakes from midnight to 8 a.m. today, warning of dangerous highways brought on by as much as a tenth of an inch of freezing rain, primarily before dawn.

As temperatures rise into the 40s today and the freezing rain turns into just plain rain, a wind advisory goes into effect from 1 p.m. through 5 a.m. Tuesday for Chautauqua County and all the rest of Western New York except for the interior Southern Tier. Sustained winds of 25 mph to 35 mph are expected, with gusts up to 55 mph. Falling tree limbs and scattered power outages are likely.

The rain is expected to mix with snow late this afternoon and turn back into wind-driven snow showers tonight, making highways slippery again. One to 3 inches of accumulation is forecast before the wind and snow subside later Tuesday.

After that, the region will get a break. We can expect a cold and calmer night in the low to mid 20s and a bright, pleasant Wednesday, with partly sunny skies and highs in the mid to upper 30s.

Chlorine gas leak causes school evacuation

$
0
0
NIAGARA FALLS – Staff and students were evacuated at about 9:30 a.m. Monday from Gaskill Preparatory School after two school employees mixing chemicals in the basement pool area set off a noxious reaction, according to the Fire Department.

The two maintenance workers, who were not named, were taken to Niagara Falls Memorial Medical Center for evaluation, fire officials said.

Students in classrooms were not exposed to the leak, according to fire and school officials. The children were taken to Hyde Park Elementary School as firefighters addressed the situation.

Fire Chief Thomas Colangelo said a maintenance worker accidentally poured a one-gallon container of muriatic acid into 20 gallons of liquid chlorine in a 50-gallon drum that feeds the pool chlorination system at the school at 910 Hyde Park Blvd.

The mixture created a cloud of chlorine gas in the basement area of the school.

In addition to city firefighters, mutual aid was given by the Niagara Falls Air Reserve Station Fire Department’s HazMat unit to help contain the leak, which appeared to be confined to the basement.

Colangelo said crews in full turnout gear assessed the chemical levels in the basement and set up smoke ejectors to ventilate the affected area. Meters were used to assess air-safety levels.

Chiefs on the scene made a decision to route the mixture from the 50-gallon drum through the filter and into the pool to be diluted. Colangelo said that in order to speed up the process, they bypassed the filter and pumped the mixture into five-gallon containers which were then dumped into the pool, diluting the mixture to safe levels.

After air levels in the basement were determined to be safe, the school was turned over to the Board of Education at 1:30 p.m., Colangelo said.

Children remained out of Gaskill the entire school day, district spokeswoman Judie Gregory-Glaser said.

School is scheduled to resume at Gaskill today.



email: nfischer@buffnews.com

Dispute over mashed potatoes turns dangerous

$
0
0
NIAGARA FALLS – A disagreement over mashed potatoes turned dangerous over the weekend when a victim said tempers escalated and a woman came at her with box cutters.

Shaquina S. Hill, 23, of Fourth Street was charged with second-degree menacing and second-degree harassment as a result, city police said.

An 18-year-old woman told police she and Hill argued about mashed potatoes just before 9 p.m. Sunday at a Fourth Street address, and things escalated from there.

The younger woman told police Hill grabbed box cutters and waved them at her, then dropped the knife and started throwing things at her, including a heavy ceramic vase and coffee table. She told police Hill also punched her in the chest.

Teen shooting in Newfane under investigation

$
0
0
NEWFANE – Niagara County sheriff’s deputies tonight are investigating the shooting of a 14-year-old boy this afternoon on Hess Road.

The teen may have been shot in the head, although sheriff’s officials would not confirm that.

Former pharmacy worker accused of stealing, selling painkillers

$
0
0
A Lockport woman was charged Monday with stealing prescription drugs from a pharmacy where she worked.

Lydia M. Klein, 43, will face a charge in U.S. District Court of possession with intent to distribute prescription drugs. Prosecutors said Klein is accused of stealing the drugs while employed at the Rite Aid Pharmacy on South Transit Street in Lockport.

Video surveillance footage from the Rite Aid showed Klein stealing 14 bottles of hydrocodone on Jan. 19, Assistant U.S. Attorney Frank T. Pimentel said.

Klein admitted to federal Drug Enforcement Administration agents that she stole at least 1,100 hydrocodone – sold as Lortab and Xanax – from her job and sold them in the Lockport area, Pimentel said.

Klein was arraigned Monday afternoon by U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and released on bond. The charge against her carries upon conviction a maximum sentence of 20 years in prison and a $1 million fine.

Lockport city police helped with the investigation.

Viewing all 1955 articles
Browse latest View live