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Convicted Falls robber mulls plea deal in shooting case

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LOCKPORT – Michael D. Agee, already facing as long as 35 years in prison for two armed robberies, was offered a plea-bargain Friday for shooting a man in a parked car last summer.

Niagara County Judge Sara Sheldon Farkas said Agee must decide by March 8 whether he will take the offer. Assistant District Attorney Theresa L. Prezioso said it includes a cap of five years for the shooting sentence, but that would be added to whatever Farkas gives him for the robberies.

Agee, 19, of 16th Street in the Falls, is scheduled for trial April 22 on a charge that he shot a man in the wrist July 14 as the victim sat in a car on Eighth Street. He risks a 25-year sentence if convicted.

On Nov. 15, a jury convicted Agee of trying to rob a Niagara Falls furniture store and robbing a food delivery man in December 2010, both while armed with a handgun. Before the trial, he had rejected a plea offer that carried a seven-year maximum for both robberies and the shooting.

Sister Julia Fala, retired longtime teacher

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Oct. 22, 1923 – Feb. 14, 2013

Sister Julia Fala, formerly Sister Teresina, a teacher in Catholic schools, died Thursday in Mount St. Mary’s Hospital, Lewiston. She was 89.

Born Julia A. Fala in Columbus, Ohio, she entered the Sisters of St. Francis of Penance and Christian Charity at Stella Niagara and professed her vows on Sept. 3, 1944. She earned a bachelor’s degree from Rosary Hill College, now Daemen College, in 1966.

She taught at St. Joachim and St. Lawrence schools in Buffalo; Our Lady of Lebanon School in Niagara Falls; and St. Joseph’s School in Gowanda, as well as at several schools in the Columbus area. She retired to Stella Niagara in September 2011.

Surviving are four sisters, Clara, Shirley, Jean Rizek and Joan White; and a brother, Carlo.

A Mass of Christian Burial will be offered at 10 a.m. Monday in Sisters Chapel at Stella Niagara, 4421 Lower River Road, Lewiston.

Ex-priest living out the cost of conscience

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Roy Bourgeois’ conscience has landed him in federal prison and guided him on a 35-day hunger strike.

More recently, it got him kicked out of the Catholic priesthood, after 40 years as a priest.

The offense? Bourgeois refused to recant his support for women’s ordination.

“What I’m experiencing now – hurt and rejection – is but a glimpse of what women in the Catholic Church have experienced for centuries,” the 74-year-old Bourgeois said.

Bourgeois will speak Thursday in Buffalo about his controversial battle with the Vatican.

Four years ago, the Vatican’s chief enforcer of Catholic orthodoxy at the time, Cardinal William J. Levada, informed Bourgeois that he was causing “grave scandal” by publicly advocating for the church to allow women to become priests.

Bourgeois wrote back.

“I said, ‘What you’re asking me to do – support the church’s teaching forbidding the ordination of women – would violate my conscience, and this I cannot do,’ ” he recalled.

Bourgeois’ priestly order, the Maryknoll Fathers and Brothers, informed him this past November that they received a letter, approved by Pope Benedict XVI, dismissing Bourgeois from his sacred vows as a priest.

Bourgeois sent another letter to the Vatican.

“I said, ‘You can dismiss me, but you cannot dismiss the issue of gender equality. This is not going away,’ ” he said.

Bourgeois’ supporters say he’s among several casualties in a Vatican crusade against dissent in the church during the papacies of John Paul II and Benedict XVI,

His talk in the Market Arcade Theater, 639 Main St., will follow a 7 p.m. showing of “Pink Smoke Over the Vatican,” a documentary film about women who felt called to the Catholic priesthood.

Bourgeois was known for many years for leading protests of the School of the Americas, a military school in Fort Benning, Ga., linked to terrorism and torture in Latin America.

The school is believed to have trained the perpetrators who assassinated Archbishop Oscar Romero of El Salvador, the culprits who raped and killed three American nuns and a parishioner doing mission work, and the gunmen who massacred six Jesuits, their housekeeper and her daughter.

Bourgeois’ activism to close the school resulted in four separate federal prison terms in the 1980s and 1990s – a total of about four years behind bars.

During those protests, Bourgeois encountered many devout Catholic women who shared with him their stories of being called to ordination, he said.

“As Catholic priests, we all say that the call to be a priest is a gift and comes from God,” he said. “My question for my fellow priests was, ‘Who are we as men to say that our call from God is authentic, but your call as women is not?’ ”

But Pope John Paul II’s 1994 apostolic letter, “Ordinatio Sacerdotalis,” declared that the church “has no authority” to ordain women and ordered Catholics to obey the teaching.

“If you read that encyclical, nothing could be clearer,” said Deacon Michael P. McKeating, whose book, “O Timothy! Guard the Deposit of Faith,” discusses Catholic doctrine on the priesthood and other areas. “Women priests are totally doctrinally out of the question.”

Advocates for women clergy point out that in polls nearly 60 percent of American Catholics support women’s ordination.

But McKeating said the matter doesn’t resonate with the bulk of Catholics worldwide.

“This is only an issue in the United States and a couple other English-speaking countries. No one else in the world is even interested in this,” he said.

Bourgeois’ appearance is sponsored by Upstate New York Call to Action, an organization that urges changes in Catholic Church governance and teaching.

Bishop Richard J. Malone of the Catholic Diocese of Buffalo said he wasn’t familiar with the details of Bourgeois’ case, but he said the church doesn’t move rashly to excommunicate members.

“It is a serious violation of the law of the church to advocate for the ordination of women,” Malone said. “After many efforts to try and work with this fellow, he still wouldn’t back off, and he was teaching something that’s contrary, in a serious way the church believes, to her own teachings.”

Bourgeois’ difficulties with the Vatican began following his participation in 2008 in the ordination of Janice Sevre-Duszynska in Lexington, Ky. Bourgeois concelebrated at the Mass and gave the homily.

Within three months, Levada sent his letter asking Bourgeois to recant within 30 days or automatically be excommunicated.

The Vatican’s response to his appearance at the altar was remarkably swift, especially when compared with the pace at which cases of clergy sexual abuse were handled, Bourgeois said.

Cardinal Joseph Ratzinger, prior to his election as pope, served as prefect of the Congregation for the Doctrine of the Faith, the office that handled sexual abuse cases at the Vatican level.

It took the office as long as seven years to dismiss an abusive priest, Bourgeois pointed out, adding that bishops remained silent as priests sexually abused thousands of American children.

“This is the scandal, not the ordination of women,” he said.

Benedict has been praised in recent days for showing humility in stepping down from the papal throne,but Bourgeois said the pope’s move to dissolve his sacred vows smacks of arrogance.

Those vows are with God, and the church has long taught that they can’t be taken away, said Bourgeois.

“I still see myself as a Catholic priest. The vows I made are still valid,” he said.



email: jtokasz@buffnews.com

‘One-stop’ center will help WNY veterans

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Veterans can need different kinds of help – and when they do, it serves them better to have lots of resources in one place.

That’s the thinking behind a new “one-stop” center for military veterans in Western New York that will be opened in Buffalo in early April, coordinators of the project said.

“It brings people, it brings organizations, and it brings resources together,” said Roger L. Woodworth, chairman of the center’s board of directors.

“That’s what makes us different,” said Woodworth. “That is not out there yet.”

By various counts, there are anywhere from slightly more than 100,000 military veterans in Western New York to as many as 250,000, according to organizers of the new center.

The nonprofit Veterans One-Stop Center, located at 1280 Main St. in Buffalo, will also serve active service members and be able to focus on veterans’ families, organizers of the center said. Those receiving dishonorable discharges and those serving short stints in the military are welcome as well, Woodworth said.

“We welcome the broadest [array of people],” Woodworth said.

Available services and resources span a range – from social and health resources to educational and economic support, organizers said.

Services will be tailored to meet the needs of the individual veteran or service member, organizers said.

“We help you manage your goals,” Woodworth said. “It’s individual.”

Among support resources will be job and employment assistance, peer mentoring, mental health counseling, benefits counseling, legal services and housing services, organizers of the center said.

“Right now, nearly everything we offer exists – it’s out there,” said Woodworth. “Instead of going to the butcher, the baker and the candlestick maker, it’s like going to the supermarket.”

Collaborators in the project include the Western New York Veterans Housing Coalition and Goodwill Industries of Western New York, Legal Aid Bureau of Buffalo and Consumer Credit Counseling Service of Buffalo.

Erie County also is a participant in the project, through a few of the county’s departments.

“We help bridge the gaps in what already exists, and we help the collaborations,” Woodworth said. “We’ve made the connections, we’ve made the collaborations.”

For more information, visit www.vocwny.org or call 882-5935, Ext. 0.

email: cvogel@buffnews.com

A family on a mission

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Ten-year-old Scotty Sell is considered a social butterfly, spending most of his time laughing and smiling.

But the East Amherst youth also has a severe neurological disorder, Angelman Syndrome, characterized by serious developmental delays, seizures, sleeping problems and jerky movements. Also, he says only a few words, and he’s legally blind.

Children diagnosed with Angelman’s have two rather unusual traits. They tend to be obsessed with water, enjoying and being comforted by swimming, bathing and showering. And they tend to have a very happy demeanor, the way Scotty does.

“He’s so happy,” said his mother, Rita. “He giggles. He laughs. It’s amazing how happy he is. He just reminds me to find joy in every little thing.”

The disorder, previously diagnosed in 1 out of 30,000 children, now is found in about 1 in 15,000 to 20,000. Friday was International Angelman Day; Feb. 15 was chosen partly because the syndrome results from a problem with the mother’s chromosome 15. And the cause has an internationally known spokesman now, movie actor Colin Farrell, whose son James has the disorder.

Farrell, in a statement, called Friday’s awareness day “a celebration of our children” and an opportunity “to introduce more people to both the beauty inherent in and the trials faced by those with AS.”

Scotty’s world exhibits both the beauty and the trials.

He adores music, everything from rock to hip-hop to country. Family members call him a rock star or the “condiment king,” because of his love for sour cream, ketchup and syrup. When French toast or pancakes are on the menu, he’s known for pouring syrup all over his tongue – and his face.

Through his parents, Rita and Scott, he is on a mission, to promote recognition, understanding and respect for people with Angelman’s.

“We want to raise awareness, but also acceptance,” his mother said. “When we go to the park, I want kids to go up to him and play with him. There’s still a stigma, and parents still keep their kids away.”

Scotty’s life story sums up the change in awareness about Angelman’s.

Born in April 2002, at 9 pounds 11½ ounces, he was taken to the Sisters Hospital Neonatal Intensive Care Unit, with significant breathing problems. He was different from the beginning, exhibiting limited eye contact and very little muscle tone. He didn’t sit up on his own until 2½ and didn’t walk until he was 3½. He also has had frequent seizures, developmental delays, lots of allergies, toilet-training issues, acid reflux and sleeping problems.

At age 1, he was diagnosed with cerebral palsy and epilepsy, after doctors had ruled out just about every other neurological cause.

Finally, when Scotty was 6½, a Women & Children’s Hospital neurologist, Dr. Arie Weinstock, suggested that one of his medications was making his seizures even worse. He was weaned off that drug, and a year later, the doctor asked Rita Sell whether she had heard of Angelman Syndrome.

She knew about it, from her own professional training as a psychologist, but she thought the syndrome was characterized by wildly flapping arms and severe mental retardation. When she Googled the syndrome, she found about 30 characteristics, with Scotty having 29 of them.

“That was comforting,” she said. “For 7½ years, I hadn’t met anyone like Scotty.”

At the same time, Rita Sell wonders whether Scotty would have progressed so much if they had known his diagnosis years earlier.

“I was in a healthy denial, and we just pushed him past his expectations,” she said.

Like the parents of any child with a disability – or any parents – the Sells have had some wonderfully triumphant moments with Scotty:

• “He has a few words,” his mother said. “He says ‘Momma.’ He says, ‘C’mon, Mom.’ I’ve heard him say, ‘I love you, Mom.’ I just melted.”

Rita Sell even was thrilled by his saying an R-rated four-letter word, because it showed he could make the “sh” sound. On Christmas Day 2011, a 9-year-old Scotty went through all the gifts under the Christmas tree and read whether each one was for him, his parents or his older brothers, Ryan and Christopher.

“Once he found his pile, he plopped himself down and started opening his own gifts,” his mother recalled.

Family members get a kick out of seeing what a social butterfly he is at his school, Aspire of Western New York.

“He says hi to everybody, waves to every teacher, student and adult, and if he doesn’t get their attention right away, he gets louder, to make sure,” his mother said. “I call him the Mayor of Aspire.”

Since her son’s diagnosis, Rita Sell has become more active with developmentally delayed children. She has her own business, Blessed Beginnings Family Services, which coordinates services for families needing early intervention for children with such delays.

On Friday, Sell family members were looking forward to going to Ruby Tuesday’s on Walden Avenue, which was donating 20 percent of everyone’s bill that day to Angelman Syndrome research.

“I always felt society looked at kids like Scotty as a curse or burden,” his mother said. “But he’s a blessing. This is not a mistake. This is not a mutant. There is a purpose for him being here.

“I think he’s helped other kids get diagnosed earlier,” she added. “That’s huge.”



email: gwarner@buffnews.com

Falls awaits plan to undo Moses’ signature highway

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NIAGARA FALLS – New York State may at last be preparing to undo the namesake project of its “master builder.”

New plans for the Robert Moses Parkway – which whisks tourists into and out of Niagara Falls and separates the city from its precious waterfront – could spell the end for the controversial stretch later this week.

State officials are mum on the plans, but government and business leaders hope Wednesday's announcement will include the removal of the four-lane highway along the upper Niagara Gorge rim from the waterfalls to the northern city line.

It's a change locals have been screaming about for decades – and one that could create a new tourism corridor while saving residential neighborhoods that are slipping into decay.

“The Robert Moses Parkway has become the Peace Bridge of Niagara Falls,” said Mayor Paul A. Dyster. “It's become symbolic of our inability to get big projects done. So managing somehow to get something done on the Robert Moses … would be very, very positive psychologically, as well as practically.”

The state does not have funding set aside for the project and is by most accounts years away from any type of real construction.

But Dyster and others say that could come quickly if New York decides to grant the city its decades-old wish of removing the concrete ribbon that walls off pedestrians from the gorge.

Business owners are skeptical – the state has announced grand plans for the roadway before – but excited about the possibilities.

“It'd be great,” said Rick Crogan, president of the Main Street Business Association. “I would reap the benefits of it, I would see development. … Just the potential of the empty buildings that would become storefronts or the empty houses that would have kids living in them. That's what we're going to see.”

As it stands, the Moses stretches from the North Grand Island bridges through Niagara Falls and north to Lewiston and Youngstown. The stretch bringing tourists from Interstate 190 to Niagara Falls State Park would remain but would soon include a lower speed limit and pedestrian access points to the Niagara River.

But the northern stretch – from the Niagara Falls tourism district north to Lewiston – could be removed under new plans the state will unveil at a public open house from 3 to 7 p.m. Wednesday in the Conference Center Niagara Falls, 101 Old Falls St.

The highway was built by the state Power Authority – and named after Moses, its chairman – during the 1960s as a way to provide unparalleled views for motorists across the Niagara Frontier.

But along with the collapse of the Schoellkopf Power Plant and the flight of city residents to the suburbs, the road project would eventually become identified as a major factor in the decline of business and residential life in the Niagara Falls core.

“Those three things, all working together, brought about very dramatic changes to the North End of the City of Niagara Falls,” Dyster said. “And for most of the years since, there's been a consensus, at least within the city, that trying to undo those changes is a prerequisite for moving forward with the revitalization of that part of the city.”

After years of complaints, the state has taken up the task in recent years with public meetings and the unveiling of six designs for the northern stretch, ranging from total reconstruction of the roadway to total removal from Niagara Falls to Lewiston.

After public comment, the state has narrowed those designs and will present them Wednesday. Another round of changes and public comment will follow, with construction to take place within a few years in the best-case scenario.

Meanwhile, city leaders, U.S. Sen. Charles E. Schumer, D-N.Y., and Rep. Brian Higgins, D-Buffalo, are all trying to corral funds for a project that could top $100 million. They and many residents just want state officials to make up their minds so a plan can begin to take shape.

“Even just arriving at a decision on what we're going to do would have a positive effect,” Dyster said. “[You'd see] more people moving into the neighborhood, more people investing in the neighborhood.”

Crogan, the business leader, did so six years ago, moving from Atlanta after hearing the promise of a redesigned waterfront along the Niagara Gorge.

He sees the removal of the parkway – and the proposed creation of a two-lane park road set back from the gorge rim – as a key to connecting both residents and tourists to the untapped asset that is the gorge.

“Eco-tourism is so big, with the younger generation that's graduating college now, they believe in that stuff,” Crogan said. “There's so much opportunity for restaurants, shops, you'll have hiking stores, all that stuff on side streets.”

“How cool [would it be to] be able to walk to the gorge again?” he asked. “It's just a whole different lifestyle we're not accustomed to that we've lost for years.”



email: cspecht@buffnews.com

Niagara treasurer’s estate commissions far below predecessor’s

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LOCKPORT – The side job of administering the estates of people who die without leaving wills has been far less lucrative for Niagara County Treasurer Kyle R. Andrews than for his predecessor.

In three years in office, Andrews has collected $11,450 in commissions, he reported last week.

His predecessor, David S. Broderick, paid the county more than that just to settle a state investigation of alleged self-dealing in how he processed estates.

In a June 2011 agreement that included the $17,000 settlement, Broderick also acknowledged to state auditors that he collected $306,415 in commissions on estates between 2003 and 2008.

Asked why he’s not amassing commissions like Broderick did, Andrews shrugged: “I administer the estates that come before us.” He said he has closed 22 estates or trusts and has 29 currently unfinished.

A state investigation, requested by County Judges Sara Sheldon Farkas and Matthew J. Murphy III, showed that Broderick’s wife, Jane, had collected more than $10,000 in commissions on real estate her husband assigned her to sell. Also, Broderick assigned some legal work on estates to his brother William, an attorney.

On Jan. 1, a new set of state guidelines took effect. Andrews said that in some ways, the state rules are more lenient than the county policies Farkas and Murphy imposed after the Broderick case, in their role as judges of Niagara County Surrogate’s Court.

For example, the state doesn’t require an independent appraisal of real estate before it is sold, while the county judges did. Andrews said, “Where feasible, I still do have real property appraised prior to listing it with a [Multiple Listing Service] Realtor.”

But the state rules made illegal some of Broderick’s old practices. For example, no outside vendor may be related to the administrator. His staff members and their spouses, parents and children also are barred from such estate work.

Andrews said he advertises every year for such vendors. “It’s been a pretty good process for me. Every year, the list of vendors gets a little more robust,” he said.

Attorneys who work for Andrews must take a flat $500 to close real estate sales. He said the going rate in the Lockport area seems to be $650.

Vendors are paid from the estate, as is Andrews, whose commission is based on a scale set in state law, pegged to the total value of the estate.

Andrews said he writes a personal check to the county for 20 percent of the commission, a practice he started when he succeeded Broderick, and which the County Legislature made mandatory in September 2010.

Andrews, showing a reporter photocopies of those checks, said he has paid the county $2,862 since taking office.

“We said three years ago we were going to be open and transparent about the public administrator function in county government, and we’re doing that,” Andrews said.

One of the public administrator’s main roles is recovering Social Services liens on the estates he supervises.

In the last five years of Broderick’s tenure, he recovered $226,707. Since Andrews took office, he has recovered $64,198 for Social Services.

Andrews also says he uses social media to find missing heirs. Facebook comes in handy for that, he said.



email: tprohaska@buffnews.com

Old Fort Niagara draws crowds with “living history” skits and re-enactments

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YOUNGSTOWN – Old Fort Niagara’s mix of history from the nation’s beginnings, its scenic lakeside place and eclectic 18th-century-style programs have been attracting more visitors than usual lately: Admission ticket sales spiked up by a third last year.

Next month, one of the historic re-enactment traditions that has made the park so popular continues with “Tavern Night,” an evening devoted to Revolutionary War-era food, drink and song. Re-enactors will stage “crooked” games of chance and political banter of the time, such as “Are you for the King or against?”

“There’s usually an auction or two of indentured servants. Crooked gamblers. I think we even have a mad hatter,” said Robert Emerson, executive director.

Last year, the 200th anniversary of the War of 1812, sales of general admission tickets rose to 94,000, up from 71,000 sold in 2011.

“We’re seeing an incredible growth in Asian tourism. People are coming from all the other side of the world to see Fort Niagara,” said Emerson of the fort’s place as a stop for group tours bound for Niagara Falls. “They have an itinerary and they go from one place to another. I think they try to balance what people are seeing.”

Fundraising events like Tavern Nights – 7 p.m. March 2 and 9, $30 – raise about $70,000 of the $1.3 million annual budget and are among the 21 programs on the calendar throughout the year with an average of about two events a month.

Since 1979, the stone fort, built by the French in 1726, has developed its re-enactment-style living history program: That year in July, the first 18th-century-style French and Indian War encampment was held.

“It really grew from there,” said Emerson. “By the mid ’80s, it was the largest of its type and time period in the world.”

Now during for a weekend in July, about 1,000 people pitch tents around the grounds. The fort’s core of 1,000 volunteers includes a crew of 40 or 50 locals who help with Tavern Night by dressing up, playing stringed instruments and acting in the skits that unfold from 7 to 10 p.m.

Call 745-7611 for tickets.



email: mkearns@buffnews.com

Some Time Warner customers will see rate increase March 1

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About one in every three Time Warner Cable subscribers locally will see their television fees go up March 1.

The average rate increase will be about 2.6 percent, but a majority of Western New York customers won’t be affected, since about two-thirds of them are billed for TV service as part of promotional packages, according to Joli Plucknette-Farmen, Time Warner Cable’s Western New York communications manager. Rates for telephone and Internet service will be unchanged.

“The new prices reflect dramatically higher costs charged by programmers – especially for local broadcast channels and sports programming,” she added. “In recent years, the cost of cable programming has grown at double the pace of the price of our TV services.”

DirecTV and the Dish Network also have increased their rates for TV service since the beginning of the year.

Program will give educators tools for Great Lakes lessons

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The state Department of Environmental Conservation and a coalition of environmental groups are collaborating on a series of workshops that will give teachers background for lessons on the Great Lakes.

The centerpiece of the program is a week-long Great Lakes Academy July 29 to Aug. 2, which includes educational field trips and cruises. A $2,000 stipend will be given to teachers who attend the academy and complete a service project with their students.

In addition, day-long Great Lakes Institute workshops focusing on the Buffalo River and Niagara River will be given April 20, April 27, June 1, June 29, July 18, Aug. 14, Aug. 17 and Sept. 21. For information and to register, call 683-5959 or go to the education link at www.dec.ny.gov.

Lockport man reports apartment was ransacked

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LOCKPORT – A Glendale Drive man told Niagara County sheriff’s deputies that while he was sleeping, someone ransacked his apartment and took a $200 bottle of cologne and a white gold chain valued at nearly $1,000.

The victim told deputies that he fell asleep just before 1 a.m. Sunday and awoke three hours later to find that the apartment in the 5700 block of Glendale had been ransacked. He said he also found syringes in the apartment and flushed them down the toilet before deputies arrived.

The man said he had locked his apartment door and was unsure how someone gained entry.

He said he heard nothing, according to investigators.

High winds return for encore performance

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First it was the snow and wind.

Then the frigid cold, followed by this morning’s rain.

And now the wind is returning for an encore performance.

The region’s indecisive winter continues this week, with the National Weather Service issuing a wind advisory starting today until 4 a.m. Wednesday for Erie, Niagara, Orleans, Genesee and Chautauqua counties.

Forecasters are calling for sustained winds of 20 to 30 mph, with gusts up to 50. The winds could lead to downed tree limbs and isolated power failures, authorities warned.

Meanwhile, today’s rain is expected to turn to snow this afternoon, with forecasters calling for less than an inch of snow accumulation today, 1 to 3 inches tonight and about an inch Wednesday.

Forecasters are calling for a chance of snow Wednesday, Thursday and Friday.

And the cold will return, too, with daytime highs in the low 20s the next two days and overnight lows dipping to 12 degrees Wednesday and 16 on Thursday.

Niagara Democratic elections commissioner changes places with her deputy

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LOCKPORT – Nancy L. Smith, Niagara County Democratic elections commissioner since 2000, is changing jobs with her deputy, Lora A. Allen.

Smith said she will serve as deputy commissioner only until she turns 55 in April and can begin collecting her state pension.

She is fully vested in the pension fund, having been county auditor and private secretary to the mayor of Lockport before coming to the Board of Elections.

The County Legislature received Allen’s appointment Tuesday, after its approval by the county Democratic Committee Monday night.

Allen, of Niagara Falls, becomes the first African-American woman to serve as an election commissioner in Niagara County.

Asked if she sought to supplant Smith, Allen said, “Absolutely not. I never seek anything … Nancy Smith has been an integral part of the Board of Elections for years. I think it’s a good move that she’s staying for a while.”

Smith said, “Lora treated me fairly.”

Asked if Democratic Committee Chairman Nicholas J. Forster treated her fairly, Smith said, “He’s letting me stay until April.”

The Democratic Committee had held off on renominating Smith for more than a month after the contentious Oct. 1 party reorganization meeting that elected Forster as party chairman.

Smith, of Lockport, eventually was renominated in November, but the Republican majority in the Legislature refused to act on her renomination in December.

That move placed Smith’s nomination on hold for 30 days, but the Democratic caucus, which could have installed Smith by itself after the 30 days ran out, did not do so. Smith has been serving as a holdover.

No vote was needed Tuesday, County Attorney Claude A. Joerg said. “After 30 days, they can appoint whoever they want,” he said.

Forster said the Democrats were up against a deadline to fill the position. “The language in the Election Law says you can’t submit the same name again,” Forster said.

Smith was criticized by some in both parties for the firing of former North Tonawanda Mayor Lawrence V. Soos from a part-time clerkship at the Board of Elections the day after Soos blasted Forster at the Oct. 1 party reorganization meeting.

A document that the county Human Resources Department submitted to the state Labor Department, which at first denied Soos’ unemployment benefits, asserted that Soos had been assigned to go to the Democratic meeting in his county capacity. That appears to have been erroneous.

The Republicans held a closed-door inquiry to question Smith about that incident, which led Soos to threaten to sue the county until he finally received his jobless benefits.

“Maybe it took some muckraking by the majority caucus [to get Smith out of office],” said Legislator Paul B. Wojtaszek, R-North Tonawanda.

“Paul Wojtaszek doesn’t know what he’s talking about,” Forster said.



email: tprohaska@buffnews.com

Webster Street jeweler to buy Ava’s Place

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NORTH TONAWANDA – The Common Council Tuesday night approved the $95,000 sale of Ava’s Place, a defunct Webster Street bar, to the head of the city’s business association, who wants to rehab it into an apartment and shop.

“There’s a lot of excitement on Webster,” said Jay Soemann, owner of Walker Brothers and Monroe Jewelers at 84 Webster. “It’s really turning into the place to be.”

Ava’s, which had filed for bankruptcy, was taken over by the city for back taxes, said Council President Richard Andres. “We’re happy to say it’s not going to sit vacant,” he said.

Soemann’s purchase is part of a general shift towards improvements for the street, which has had years of decline since the 1920s, when Soemann’s grandmother was manager of the store his father eventually bought.

New businesses have been moving into the neighborhood around the Riviera Theatre and changing things, said Soemann.

In the two years since the converted Sweeney Street factory opened as Remington Lofts with apartments, a yoga studio and the Remington Tavern restaurant, more people have been walking into his jewelry and clock store.

Soemann’s renovation of Ava’s, which has tin ceilings and dates to the 1880s, will be his second rehab: In 2010, he fixed up the rundown building at 82 Webster, which is now home to Canalside Creamery. Ava’s, at 88 Webster, is on the other side of Soemann’s shop.

Already people have shown interest in renting, but Soemann wants to do repairs before he shows the place.

Once the sale is finalized, he intends to approach the city’s Lumber City Development Corp. for grants and loans.

“Now that he owns it, we can actually talk numbers,” said Andres, who is on the Lumber City board.



email: mkearns@buffnews.com

Dyster, Falls Council fight it out over city finances

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NIAGARA FALLS – Mounting tensions between Mayor Paul A. Dyster and the City Council boiled over Tuesday night as the two sides argued about how to solve a fiscal crisis that threatens to bankrupt the city by summer.

After weeks of indirect criticism, city leaders had it out at the Council’s bimonthly work session, fighting over cultural arts funding, city spending and the dispute with the Seneca Nation of Indians.

The session actually began and ended amicably, with both sides promising to work together in the coming months to solve the city’s many financial issues.

But for most of the meeting, residents were treated to a rare public airing of grievances by the normally stoic Dyster and city lawmakers who have seemed emboldened since last year’s grueling budget process.

The hottest topic was the Niagara Arts and Cultural Center, which received $30,000 in city funds in the 2013 budget before the Council unexpectedly slashed the funding.

Dyster has said his ties to the organization made the cultural hub an easy political target, a charge the Council denies, and one of Buffalo’s top philanthropic organizations offered to provide $15,000 for the organization if the city contributes the other half.

“We’re here to plead with you that you take us up on our offer,” Robert D. Gioia, president of the John R. Oishei Foundation, told the Council Tuesday. “We have invested, we have skin in the game with you folks” because of $10 million in Niagara Falls charitable funding given by the foundation in recent years.

Members of the three-man Council majority, who engineered the cuts, said they appreciated the offer. “But we’re going in a different direction,” Council Chairman Glenn A. Choolokian said, declining the assistance.

“We have bills to pay, and we will be responsible at the end of the day, not you, Mr. Gioia, with all due respect,” said Councilman Sam F. Fruscione.

The Council majority has been slashing budgeted items such as the arts funding in an attempt to store enough money in a contingency account so that the city can make a $5 million debt payment later in the year.

Dyster plans on making that payment with Seneca Niagara Casino funds that he believes will be freed up after the dispute between the Senecas and state is settled later in the year – money the city does not have in its coffers now and which the Council doubts it will ever get.

“We’re trying to survive here, to keep this city alive,” said Councilman Robert Anderson Jr. “We don’t have it, and it looks like we’re not going to get it.”

That exchange set the stage for a full-blown debate on the city’s fiscal strategy for the coming year.

Dyster defended the practice of budgeting the casino funds, saying he is confident – as a third-party beneficiary to New York State’s case against the Senecas – that the state will win the arbitration and the casino funds will flow.

“Our expectation is that the State of New York will be vindicated in that arbitration,” the mayor said. “We’re tracking that very closely.”

He also said the Council had a chance during the budget process to downsize city government – Dyster originally proposed layoffs and leaving positions vacant after retirements – but chose to make temporary fixes.

He also has questioned the legality of the Council disregarding an approved city budget document, saying it creates disarray in all facets of city government and makes the city an unattractive business partner.

Controller Maria C. Brown confirmed that the city will be in serious trouble come June – when a $5 million debt payment on a state-mandated courthouse is due – if it does not receive the casino funds before then.

Brown said the city’s cash flow situation is more dire than last year, when it briefly considered dipping into a New York Power Authority improvement fund to stave off layoffs.

The Council instead cut financial ties with the state’s Niagara Falls development agency.

The state and the Seneca Nation are expected to complete arbitration this summer. The Nation has withheld more than $500 million in revenues from Niagara Falls and other municipalities because it feels the state violated its gambling exclusivity agreement with racetrack casinos.

Councilman Charles Walker said city leaders need to find a remedy in case the casino revenues never come – and to find it soon.

“We can’t do this separately,” Walker said of the Council and the mayor. “We have to do this thing together. We should be talking about that now, and not waiting until June to figure this out.”



email: cspecht@buffnews.com

Niagara County probe of welfare fraud nets 14 arrests

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Fourteen suspects have been arrested in a four-month investigation of alleged welfare fraud in Niagara County, the Sheriff’s Office announced Tuesday.

Sheriff James R. Voutour said several public agencies in Niagara County, including Social Services and the District Attorney’s Office, joined with the sheriff, the U.S. Department of Agriculture’s Office of Inspector General and the Niagara Falls Police Department in the probe. Some of the suspects face felony charges of grand larceny, offering a false instrument for filing, welfare fraud or misdemeanor charges of misuse of food stamps.

The probe was completed with two search warrants targeting two stores that are suspected of aiding in welfare fraud, and more arrests are expected, the sheriff said. “The cost of welfare in Niagara County continues to be a massive burden for our taxpayers,” Voutour said. “The Sheriff’s Office will continue to prosecute those who cheat the system.”

Arrested for alleged welfare fraud since the end of October were:

• Angela Herkey, 25, of Niagara Falls, Oct. 24, on charges of second-degree forgery, second-degree possession of a forged instrument and first-degree filing a false instrument.

• Gerald Zimmerman, 53, of Niagara Falls, Nov. 5, on charges of fourth-degree grand larceny, fourth-degree welfare fraud and first-degree offering a false instrument for filing.

• Michantta Williams, 26, of Niagara Falls, Nov. 30, charged with first-degree offering a false instrument for filing.

• Bobbi Seiler, 29, of Niagara Falls, Dec. 11, charged with third-degree grand larceny, first-degree offering a false instrument for filing and third-degree welfare fraud.

• Bernadette Leadingfox, 49, of Lewiston, Dec. 11, accused of third-degree grand larceny, third-degree welfare fraud and first-degree offering a false instrument for filing.

• Kirsten Stofle, 24 and Zachary Stofle, 25, both of North Tonawanda, Jan. 15, accused of third-degree grand larceny, third-degree welfare fraud, first-degree offering a false instrument for filing and second-degree possession of a forged instrument.

• Leah McNaughton, 25, of Niagara Falls, Jan. 15, charged with third-degree grand larceny, third-degree welfare fraud and first-degree offering a false instrument for filing.

• Danielle Leighton, 31, of Niagara Falls, Jan. 16, accused of fourth-degree grand larceny, fourth-degree welfare fraud, and first-degree offering a false instrument for filing.

• Christine Jamieson, 37 of Niagara Falls, Jan. 28, charged with misuse of food stamps.

• Daniel McKean, 45, of Niagara Falls, Jan. 30, accused of fourth-degree grand larceny, fourth-degree welfare fraud and first-degree offering a false instrument for filing.

• Ashley Shipp, 23, of North Tonawanda, Feb. 5, charged with fourth-degree grand larceny, fourth-degree welfare fraud and first-degree offering a false instrument for filing.

• Pearl Harpham, 33, of Niagara Falls, Feb. 8, accused of misuse of food stamps.

• Thomas Deponceau, 27, of North Tonawanda, charged Feb. 11 with fourth-degree grand larceny, fourth-degree welfare fraud and first-degree offering a false instrument for filing.



email: nfischer@buffnews.com

Niagara Town Board approves employee drug testing

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TOWN OF NIAGARA – Random drug testing is now part of the workday for town employees.

After a year of discussion, the Town Board formally approved a procedure Tuesday that would allow implementation of a testing program in agreement with Western New York Occupational Health Care in connection with Niagara Falls Memorial Medical Center.

The program, which was agreed to with the local Civil Service Employees Association, will run for an initial contract of two years.

All 34 paid employees as well as all 40 to 60 summer workers would be subject to random testing for a variety of illegal and controlled substances. The same employee could be tested more than once a year, if necessary. Only elected and appointed officials and volunteer firemen would be exempt from the policy. All new employees already are being tested.

If the testing is positive, the employee would be subject to treatment and discipline procedures.

Deputy Supervisor Danny Sklarski called it a “significant resolution” that “absolutely needed to be done.” He noted that the procedure assures the public that the town is a safe and drug-free workplace and that town crews are not under the influence of any substances when working.

Supervisors would be trained to determine if additional or emergency testing is needed, according to the policy. Training for supervisors would cost $200 for a group of 10 and $15 for any additional supervisor.

Each drug test would cost the town $60 and would be conducted on site to avoid overtime and travel expenses. Breath alcohol tests would run $23. After-hours testing at the hospital would cost $75.

The town program is modeled after one developed under federal law and the state Department of Transportation for truck drivers.

The board hired Harvey Albond, who has been researching and developing the program and policy since February 2012, as administrator of the program at a rate of $100 an hour, not to exceed $3,000 unless approved by a board majority. Councilman Robert Clark voted against hiring Albond.

In another matter, the board approved a list of duties for a project manager to work in the building department.

Sean Pello, of the Buffalo engineering firm of Clark Patterson Lee, will work 16 hours a week on a variety of projects, including: a proposal for the reuse of the U.S. Army Base, which is to be turned over to the town this year; the design of protective dugouts at the town parks; a new roof on the shelter at Veterans Memorial Park; an examination and restructuring of utility use in town buildings to reduce costs; and an update of the master plan.

Probably the biggest project for Pello would be the proposed expansion of the Fashion Outlets of Niagara Falls this year.

Clark, who has questioned the placement of the manager in the past, also voted against the duties.

The board also agreed to change its meeting schedule for March. The work sessions will be held at 7 p.m. on March 14 and 21. The regular meeting will be held at 7 p.m. on March 26.

Niagara Legislature urges repeal of Cuomo gun law

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LOCKPORT – The Niagara County Legislature voted unanimously Tuesday to demand the repeal of the gun control bill that was signed into law last month by Gov. Andrew M. Cuomo.

The vote came after a late afternoon rally of the law’s opponents in the County Courthouse’s parking lot. Many of the rally’s participants also crowded the Legislature Chambers in order to further declare their position.

Edward D. Pettit of Newfane called the SAFE Act, which Cuomo signed Jan. 15 after a high-speed legislative process, “a blitzkrieg attack on our individual rights.”

Majority Leader Richard E. Updegrove, R-Lockport, called it “an obscene aberration of the legislative process.”

“It shreds the constitutional rights of our citizens,” said Legislator John Syracuse, R-Newfane. “Here in Niagara County, we’ve always preferred our Constitution as written.”

“Lawmakers must respect citizens for citizens to respect the law. … We were cheated by the passage of this law and I for one will not comply,” Pettit said to loud applause from the crowd of about 75.

Retired Niagara County Sheriff’s Deputy Patrick Needle said, “Jan. 14, I went to bed as a law-abiding citizen, and Jan. 15, because of some deal done in a back room in Albany, I woke up as a criminal because my [gun] magazine has more than eight rounds” of ammunition.

Syracuse said Niagara County has 28,000 pistol permit holders, or about one-fifth of the county’s adult population.

“The right to bear arms is the foundation of being the land of the free,” said Legislator David E. Godfrey, R-Wilson. “The problem is not the guns, it is the shooter.”

“You’re not only disarming the people [with the SAFE Act],” argued Rebekah Kallin of Niagara Falls, “you are making it easier for criminals to attack and harm the people whom we love.”

“The law creates a new class of criminal that didn’t exist before,” said Mike O’Flaherty of Newfane. “There could come a point where I could be deemed a danger because I own a gun.”

The Legislature also passed Republican-sponsored resolutions demanding that the Assembly and State Senate reject Cuomo’s proposal to make pistol permits renewable every five years, and calling for the exemption of personal information about permit holders from disclosure under the Freedom of Information Law.



email: tprohaska@buffnews.com

Airlines resist ‘one level of safety’ with partner

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WASHINGTON – Despite a promise to ensure “one level of safety” at America’s airlines, the Federal Aviation Administration still isn’t reviewing the safety impact from deals that the big airlines strike with smaller companies that operate flights on their behalf – such as Continental Connection Flight 3407, which crashed in Clarence Center four years ago, claiming 50 lives.

That’s the central conclusion that the Department of Transportation’s inspector general reached in a report released Tuesday on the “code-sharing” agreements by which the mainline carriers contract out the operation of an increasing number of flights to smaller regional airlines such as Colgan Air, which operated Flight 3407.

“FAA does not take an active role in reviewing domestic code-share agreements for possible safety impacts,” the inspector general reported. “Even though the 2009 Colgan accident revealed different operating standards between that regional operator and its mainline partner, FAA has not developed policies to ensure that code-share partners advance a common level of safety.”

In addition, the inspector general said a great deal of confusion remains among travelers about who, exactly, is flying their airplane, despite a provision in a 2010 law aimed at clearing up that confusion.

Most notably, though, the inspector general said the FAA did not adequately follow through on its 2009 “Call to Action” on aviation safety, whereby it promised to work to develop a system to review agreements between the major carriers and their regional partners.

“As a result, domestic code-share agreements go into effect without consideration of their possible impact on air carrier safety,” the inspector general’s report said.

What’s more, the inspector general said, the FAA has not given the airline industry proper guidance on how to share safety information and best practices. That’s an important point, the report said, because the Flight 3407 crash investigation revealed that Colgan’s crew-training program was “not as robust” as that of Continental Airlines.

In response, the FAA said it had determined that the major carriers had improved their communications and data-sharing with their regional partners, meaning there’s no good reason for the agency to review the deals between those airlines.

“The fact is these actions are not necessary or justifiable,” the FAA’s general counsel, Robert S. Rivkin, wrote in response to the inspector general’s report. “Expanding the listing, tracking and reviewing of domestic code-sharing agreements would require additional resources without any identified or demonstrable benefit.”

The FAA also noted that it’s not required by law to review those deals.

The FAA’s take on the deals between the big airlines and their smaller partners drew some heated comments from the Families of Continental Flight 3407, as well as local lawmakers.

“They’re not even looking at the safety!” noted Scott Maurer, whose daughter, Lorin, was killed in the crash.

“My big takeaway is that this is again another example of the lack of oversight and follow-through at the FAA,” said Susan Bourque, whose sister Beverly Eckert, a 9/11 activist, was killed on Flight 3407. “They seem to keep coming, one after the other.”

Sen. Charles E. Schumer, D-N.Y., said that he was pleased that the Department of Transportation recognized some major flaws at the FAA as result of the investigation but that recognizing the problems is not enough. “They must act to correct the problems immediately or else the congressional delegation will need to pursue other remedies,” he said. “Never should the mistakes of Colgan Air be repeated – and this is an example of that.”

Rep. Chris Collins, R-Clarence, said the major airlines are clearly not holding their regional partners to the same safety standards.

“Whether that’s false advertising or call it what you will, it’s unacceptable,” he said.

Collins also echoed the inspector general’s concern that many travelers still don’t know when they are booking a flight on a regional airline, despite a 2010 aviation safety law stemming from the Colgan crash that requires travel websites to state that information clearly.

“While some websites display the operating carrier prominently on the itinerary, others name the operating carrier in small footnotes at the end of the itinerary, causing the consumer to have to search for the information,” the inspector general said.

Investigators also studied 16 travel agents to see if they were clearly stating which airlines are operating particular flights and found that 14 of them were not doing so.

Despite the inspector general’s concerns, a spokesman for Airlines for America, a lobbying group for the airline industry, dismissed the safety issues that investigators raised.

“Regional carriers that provide commercial service for our members must meet FAA standards and our members’ high safety standards as well,” said airline industry spokeswoman Victoria Day. “The system is incredibly safe.”



email: jzremski@buffnews.com

In Focus: Chancellor Emeritus Robert Bennett

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Strong schools are viewed by many as being critical to the prosperity of communities. Few Western New Yorkers have been more attuned to issues involving education than Robert M. Bennett, chancellor emeritus of the state Board of Regents.

Bennett sat down sat with The Buffalo News’ Brian Meyer to discuss recent education reforms and some proposed changes. Here is a summary of some of the issues covered in an interview that is part of the weekly “In Focus” series. Watch the full interview at BuffaloNews.com/video.

Meyer: If someone asked you to give a few sentence summary of where education is across the state, what would you say?

Bennett: I think we’re doing OK, but we could do much better ... Good to great is what the expectation is. Every single change that’s occurring these days is based on the belief that we have to do much better to get kids ready for careers and college by the end of 12th grade ...

Meyer: The mantra in Albany has been education reform ... we’ve seen some new learning standards imposed.

Bennett: That started about 3½ years ago ... With 40 other states, we said that English and mathematics are the key components. We call it the common-core learning standards. Everything emanates from that. The new curriculum, the new teacher preparation, the new teacher evaluation, the better use of data, professional development along the way. It’s all based on what should a child know at the end of each grade level and how do we know whether they’ve learned it or not.

Meyer: You’ve mentioned one of the real hot-button issues, and that is teacher evaluations. We’ve heard so much debate – fiery debate on that issue. Most of the districts have submitted plans and seen them approved ... Has the state overstepped its bounds and perhaps imposed evaluation methods that aren’t going to get to the goal, which is higher achievement?

Bennett: This is principal and teacher evaluation, which is a key component. The role of the principal is critical to a school’s success. I think that this is basically a professional development opportunity. It is not a “gotcha” at all.

It is to learn better how to improve the profession of teaching ... [I’ve wondered] what’s all the fuss about, because it is a marvelous approach to telling parents, telling teachers, telling leaders, telling government bodies how are you doing ...

Meyer: Let’s talk about the region’s largest district, which is the Buffalo School District. The new superintendent, Pamela Brown, has talked about a very lofty goal. That would be to increase graduation rates to 80 percent within five years, which would be a stunning 30 percent increase. Is that pie in the sky in your estimation, or is it realistic?

Bennett: It could be realistic if they make the changes along the way in terms of central office becoming a support system to all the schools ... It can work if we expand career opportunities for kids starting as early as seventh grade. It can work if we have the highest quality leaders in each and every school, high expectations for the kids and full engagement of their families. Now that means you’ve got to have support systems around, which we have ...

Meyer: But when you talk about family support networks, you look at the socio-economics. There are so many students who don’t have that support network ...

Bennett: I’ve seen it throughout the state. If you have an extraordinary leader in the school, that means that they have reached out to the support network that is there in most communities – with counties, cities, towns, United Way, Catholic Charities – to develop a support network for those kids and never, never, never lower the expectations for that child.

Meyer: Let’s talk about rethinking the school calendar. Gov. [Andrew M.] Cuomo is talking about efforts to either extend the school year or increase the number of hours [a day], or both. There’s a small grant program for some select schools ...

Bennett: Nine years ago, with our study on time and learning, we said the current school day and school year is not sufficient to fulfill the obligations to get kids career- and college-ready. I’m totally in support of it. I think that there should be legislation passed that says the school day can go to 5 o’clock, they can be open on Saturdays and you need 20 more days of instruction.
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