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West Seneca man who grew pot succeeds in diversion

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LOCKPORT – A former North Tonawanda man who grew marijuana in his apartment there was pronounced a success in the judicial diversion program of court-supervised drug treatment Tuesday.

Robert C. Hetrick, 47, of Glenfield Drive, West Seneca, had pleaded guilty in January 2012 to second-degree criminal possession of marijuana, a felony. Tuesday, Niagara County Judge Matthew J. Murphy III allowed him to reduce that plea to fourth-degree possession, a misdemeanor. Hetrick is to be resentenced May 7, with probation the likely outcome.

Hetrick was arrested Aug. 23, 2011, when police raided his apartment on Ganson Street in North Tonawanda and found an indoor growing operation and more than a pound of pot.

Grand Island man avoids jail in DWI case

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LOCKPORT – A Grand Island man will not go to jail for his guilty plea in a driving while intoxicated incident that occurred in North Tonawanda.

Niagara County Judge Matthew J. Murphy III on Tuesday sentenced Timothy J. Homa, 29, of East River Road, to three years’ probation, a $395 surcharge, 14 days in the Niagara County work program and 30 days of community service.

Homa pleaded guilty to a reduced misdemeanor DWI count Dec. 11, during a trial on a DWI felony indictment. He was arrested May 20, after his car became stuck on a planter box made of railroad ties in a parking lot on Manhattan Street in North Tonawanda.

Falls man, Lockport woman arraigned in drug cases

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LOCKPORT - Niagara County Judge Sara Sheldon Farkas arraigned a Niagara Falls man and a Lockport woman on separate drug-dealing indictments Tuesday.

Herbert J. Luckman, 66, of 24th Street in the Falls, pleaded not guilty to two counts each of fourth-degree criminal sale and fifth-degree possession of a controlled substance. He allegedly sold hydrocodone to a police informant in Niagara Falls May 31 and June 12.

Paula McElwain, 39, of Harvey Avenue, Lockport, denied two counts each of third-degree sale and third-degree possession. She is accused of dealing crack cocaine to an informant in the City of Lockport on Dec. 12 and 15, 2011.

Luckman was released on his own recognizance, while McElwain was jailed in lieu of $5,000 bail.

Lockport man sentenced to jail weekends in DWI case

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LOCKPORT – David L. Fuller, 41, of Harvest Ridge Way, Lockport, avoided a trip to state prison Tuesday, when he was sentenced for his second driving while intoxicated felony in the past five years.

Fuller, who pleaded guilty in the wake of his June 6 arrest on Bartz Road in Lockport, was sentenced by Niagara County Judge Matthew J. Murphy III to six months of weekends in the County Jail, a year wearing an ankle monitor, a one-year license revocation and fines and fees totaling $1,570.

Fuller’s mother had written to Murphy appealing for leniency because her son lives with her and takes care of her.

Lockport man sent to state prison in tattoo parlor burglary

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LOCKPORT – A Lockport burglar was ordered to state prison Tuesday by Niagara County Judge Sara Sheldon Farkas.

Shawn K. Pittler, 24, of Chestnut Street, was sentenced to three to six years behind bars after he pleaded guilty to a charge of third-degree burglary for breaking into the Pirate’s Alley Tattoo Studio, 211 Chestnut St., on June 17, stealing tattooing equipment and a motor bike.

Earlier, Pittler served a year in state prison after an Allegany County burglary conviction in 2010, according to the state prison website.

Drunken motorist admits to hitting pedestrians, driving into canal

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LOCKPORT – A man whose car crashed into the Erie Canal in North Tonawanda on June 20, striking two pedestrians and two dogs on the way, is headed for state prison.

Anthony D. Regalla, 48, of River Road, Wheatfield, pleaded guilty Tuesday to aggravated vehicular assault and driving while intoxicated.

Niagara County Judge Sara Sheldon Farkas agreed to a plea bargain setting Regalla’s maximum prison sentence at three to nine years. The legal maximum for the charges is five to 15 years.

The victims, Buffalo Firefighter Ronaldo C. Parker and his fiancee, Darnelle Brady of North Tonawanda, both suffered serious leg and foot injuries.

They declined to comment on the plea, but Deputy District Attorney Theodore A. Brenner said they had agreed to the plea deal and would speak at Regalla’s sentencing on May 6.

Besides the injuries to the pedestrians, who were walking on a bicycle path along the canal, one of Brady’s dogs was killed and another seriously injured.

For Regalla, who had told police he would beat the charges, it was his fifth drunken driving conviction.

He refused a breath test after he and his passenger were fished out of the canal by a witness, William Roberts.

A blood sample was taken forcibly and tested, showing a 0.25 percent blood-alcohol level, more than three times the legal threshold for intoxication.

“So what? I’ll beat it like that doctor,” Regalla said at the time. He was apparently referring to Dr. James Corasanti, the Getzville physician acquitted of all charges except a driving while intoxicated misdemeanor in the July 2011 death of 18-year-old Alexandria “Alix” Rice.

Parker, 49, a firefighter since 1994, and Brady, 42, tried to jump out of the way after Regalla’s car sped through the intersection of Oliver and Sweeney streets.

Regalla, who was living on Colonial Drive in the City of Tonawanda at the time, had just backed into a parked car outside an Oliver Street bar.

He drive south on Oliver. Going too fast to make a turn onto Sweeney, the car went over the curb and across a strip of grass and the bike path before striking the victims and splashing into the canal.

Regalla was unhurt, and his passenger, Nancy Hamilton, suffered only a minor injury in the incident, which occurred shortly after 11 p.m.

Regalla remains in the Niagara County Jail in lieu of $50,000 bail.



email: tprohaska@buffnews.com

Budget mess delays flight simulator project at Falls air base

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WASHINGTON – Construction of a much-touted flight simulator at the Niagara Falls Air Reserve Station is about to be delayed because of congressional inaction on “sequestration,” the draconian automatic federal budget cuts set to take effect Friday.

The Air Force announced the delay in the simulator project in documents that detail its response to the looming budget cuts. The documents prompted Rep. Brian Higgins, D-Buffalo, to take to the House floor Tuesday to decry the delay, noting that the simulator project “is crucial to securing the base’s continued operation.”

The Niagara Falls base – which has fought off federal efforts to shut it down twice in the last two decades – is counting on the simulator to make the base a training destination for Air Force Reserve pilots throughout the Northeast who fly C-130 cargo planes. That’s the plane flown by the Niagara Falls-based 914th Airlift Wing.

The delay at the Niagara Falls base would be one of dozens of Air Force construction disruptions across the country, according to the Air Force documents, which spelled out $1.8 billion in building cutbacks.

The Air Force was set to begin the first phase of the $28.1 million Niagara Falls project this year with the construction of a $6.1 million building to house the simulator.

But now, if sequestration goes through, construction will be delayed, Higgins said.

“Not only is that building being delayed; this also necessarily delays the subsequent funding coming to the area to complete the facility,” Higgins said.

And the delay could be just part of the problem the base will face under sequestration, Higgins said.

The Air Force has said that 2,300 Air Force civilians in New York will be furloughed because of the sequester, although it has not said where those job reductions will take place. The move will cause $17.7 million in wages to be lost across the state.

Higgins also met Tuesday with Robert T. Brady, chairman of Moog Inc. of Elma, which employs 2,000 locally in its defense unit.

Brady expressed his concern about the sequester, Higgins said, noting that cuts to the Pentagon budget will inevitably have an impact on defense contractors.



email: jzremski@buffnews.com

Another mild winter, but is that a trend?

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Only about one-third of eastern Lake Erie is frozen over. The average temperature here has been 5 to 6 degrees warmer than normal throughout December and January. And the snow total, so far this winter, lags almost 30 inches behind historic snowfall averages through Feb. 25.

Once again, the region has had a milder winter than normal, although nothing compared with last year’s.

That’s back-to-back soft winters, following last year’s thaw-fest.

But there’s one message from the experts: Two years don’t make a trend.

“We can have back-to-back winters that are on the far end of the spectrum – whether it’s a lot of snow or a lack of snow – but you shouldn’t use two years as a trend,” National Weather Service meteorologist David Thomas said.

Last winter was the really mild one, marked by only 36.7 inches of snow for the whole season, average daily temperatures hovering 5 degrees above normal all winter and a Lake Erie that never froze.

Toss in the ill-fated attempts to play a pond-hockey tournament on Erie Basin Marina ice the last two Februarys, and it’s enough to get people chatting about “global warming.”

Historically, there’s plenty of evidence about two-year “trends.”

Only old-timers can remember the winters of 1947-48 and 1948-49, when the snowfall totals were less than half the long-term average, at 42.1 and 40.1 inches, respectively.

“Those were two winters that had well-below-normal snowfalls,” Thomas said. “Now we’re back to that.”

Another great example on the other end of the weather spectrum: the winters of 1976-77 and 1977-78, the first and third whitest winters ever, with snowfall figures of 199.4 and 154.3 inches. Yikes. Luckily, Buffalo didn’t quite turn into an annual Siberia after that.

“After two years, you can’t really get a good trend,” Thomas said. “We always have ups and downs in the weather. You have to look at a longer time period to get a feel for the trend.”

The National Weather Service, with its emphasis on forecasts and statistical summaries, tries to steer away from the whole global-warming debate.

Others don’t.

Ryan McPherson, chief sustainability officer at the University at Buffalo, pointed out that weather and climate are not the same thing. But weather can provide a meaningful glimpse into climate patterns.

“Whether it is these extreme weather events, like Irene and Sandy, or the swings in our weather the last few years, those certainly support the megatrend of a warming planet, which we can clearly show,” McPherson said. “Climate change is happening.”

The facts also show that Lake Erie has been slow to freeze this winter, especially at its eastern end.

“It’s really thin,” said Paul Yu, an engineer with the U.S. Army Corps of Engineers in Buffalo. “One hot, sunny day would melt it all.”

Engineers from the Corps had been scheduled to land a plane on lake ice Feb. 14 to measure its depth. Satellite images taken a couple of days earlier showed ice there, but when the day arrived it was gone, leading the Corps to cancel the plane ride.

“We have another one scheduled for March 12, provided there’s ice there,” Yu said. “Right now, it doesn’t look good.”

While we clearly have enjoyed a relatively mild winter, it’s not exactly the Fourth of July out there, either. After all, we’re still talking winter-storm watches and advisories, and the ice still chokes Lake Erie along the Buffalo Harbor.

Monday, the U.S. Coast Guard was forced to scrap its plans for an ice-breaking operation to make way for a commercial carrier headed to the Buffalo outer harbor.

The culprit – jagged ice formations known as “brash ice” that were 5 to 8 feet thick, according to Lt. Adrian Palomeque, the Detroit-based ice officer for the U.S. Coast Guard

“Normally, it’s not too much of an issue,” he explained. “Our vessels are designed to withstand that. But conditions were such that it was taking a long time to make any progress.”

The carrier, the Algoma Enterprise, is making its way to Port Colborne, Ont., instead.

Nearly every winter, the Coast Guard conducts two ice-breaking operations in the Great Lakes. Last year, the operation that covers Lake Erie was never started because of the mild winter, Palomeque said.

This year, both operations have been back up and running, he said.

Other facts, though, point to a relatively mild winter:

• The region remains snow-deprived, with only 47.6 inches of snow through Monday at the National Weather Service office in Cheektowaga. That’s almost 30 inches short of the 30-year average of 77.1 inches through the same date. The 30-year average for the whole winter is 94.7 inches.

• It hasn’t been a sun-splashed picnic every day, but this winter’s temperatures, on the whole, remain significantly warmer than normal.

In rough terms, November and February (so far) have been about 1 degree colder than average. But December, with an average mean temperature of 36.3, and January, with an average of 30.0, have been 5 to 6 degrees milder than normal.

And forecasters expect winter to go out with fairly mild temperatures.

• The National Weather Service keeps track of the ice-covered date for Lake Erie, when the bulk of Buffalo Harbor is covered with ice.

This year’s date was Feb. 2.

“If you look at the last 30 years, the average is Jan. 21,” Thomas said. “This year, the date was almost two weeks later.

“And last year it never froze.”

They’ll be talking about the winter of 2011-12 for years to come.



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

Kaleida Health, ECMC will integrate cardiac services at Gates Vascular

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Kaleida Health and Erie County Medical Center on Tuesday announced the integration of all their cardiac services at the Gates Vascular Institute on the Buffalo Niagara Medical Campus.

Kaleida Health’s and ECMC’s combined cardiac program accounts for 8,000 catheterization procedures and nearly 1,000 heart surgeries each year in Western New York, making it one of the busiest programs in the state, officials said.

ECMC, which operates the adult regional trauma center, will continue to provide cardiology services and diagnostic heart catheterization to patients, as well as thoracic procedures for trauma patients.

But all other heart-related procedures – including open-heart surgery, angioplasty and heart attack care – will now take place at the Institute, which opened last year. The change starts Friday.

Kaleida Health in 2012 closed Millard Fillmore Hospital on Gates Circle and consolidated its heart, stroke and vascular care services into the Institute, which was designed to encourage collaboration between specialists who deal with similar problems in different parts of the blood system, such as blockages.

The integration of Kaleida Health’s and ECMC’s cardiac services represents the third major initiative between the organizations to consolidate services under the Great Lakes Health System of Western New York. The first created the Regional Center of Excellence for Transplantation & Kidney Care on ECMC’s campus, and the second, which is under way, will create a combined Center of Excellence for Behavioral Health Care.

In 2006, the Commission on Health Care Facilities in the 21st Century, also known as the Berger Commission, ordered the closure of Millard Fillmore as part of its attempt to restructure the state’s health system. The state commission also ordered ECMC, a public benefit corporation, and Kaleida Health, a private not-for-profit hospital system, to form a unified governance structure that included the University at Buffalo to consolidate some high-end services to improve quality and efficiency. Their agreement led to the formation of the parent organization known as Great Lakes Health.

“You now have a cardiac program where there is enough volume to ensure superior results. It gives us the ability to have a group of physicians who can cross-cover for each other and take on new innovative techniques. And it gives us economies of scale,” said James Kaskie, president and chief executive officer of Kaleida Health and Great Lakes Health.

ECMC made a $20 million investment in the Institute, but it took a long time to work out the details of its integration into the new facility.

For instance, physicians at ECMC wanted assurances on how emergency cardiac cases would be handled. It turns out such cases are rare, and a special response team was created to handle them. However, it was decided that basic cardiology care and diagnostic catheterizations should remain at ECMC – what officials are calling one program at two sites – because it would be inconvenient to transfer patients to the Institute for such common services.

“The goal at the Institute is to aggregate services in one place with the philosophy that the more you do, the more proficient you become,” said Dr. Brian Murray, chief medical officer at ECMC.

Western New York has high rates of heart disease and stroke, which are disorders caused by the same disease processes but in different areas of the body.

“The Gates Vascular Institute is the only center in the country where all of the physicians and scientists focused on vascular diseases such as heart attack and stroke work side by side because of the unique building design,” Dr. L. Nelson Hopkins, who was recently named president of the Institute, said in a statement.

“This partnership with ECMC gives us a chance to better serve our community in this new, exciting and award-winning facility.”



email: hdavis@buffnews.com

Bill seeks to protect children on slopes

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ALBANY – They must wear helmets when they ride bicycles, and now children under age 14 in New York are looking at a new effort to make them wear protective head gear when they hit the ski slopes.

Legislation recently proposed by a Democrat from the Buffalo area and a Republican who represents major ski slopes in the Adirondacks would have New York join New Jersey as the only states in the nation requiring minors to wear helmets while skiing and snowboarding.

The measure in New York would mirror the state’s bike-riding laws. Parents could face violations issued by local police with fines of up to $50 if their children do not have helmets securely fastened while on skis or snowboards at New York slopes.

While the mandatory ski helmet idea has had trouble advancing in the United States, sponsors of the new legislation here say a trade group for New York ski operators is backing the effort.

“We’re working on trying to make the sport a little safer,’’ said Assemblyman Dennis Gabryszak, a Cheektowaga Democrat who has sponsored the bill along with Sen. Elizabeth Little, a Republican from north of Albany whose district includes some of the state’s largest ski mountains.

The measure would be less strict than New Jersey’s law, which was passed in 2011 and kicked in last November, requiring helmets on all skiers age 18 and under.

The measure, according to a bill memo accompanying the legislation, is backed by the Ski Areas of New York, a trade group. With that support and its recent introduction by majority party members in the Assembly and Senate, the bill is seen as having no major opposition this session, lawmakers said.

The legislation would require posting of warnings on lift tickets and require ski areas to offer a “reasonable inventory’’ of helmets for rental or sale.

Among skiers, there has been a debate over the years about whether helmets protect people or if they can present their own set of problems, such as reduced peripheral vision, increased neck injuries and more risky moves by skiers feeling a helmet will protect them from their mistakes. Safety advocates blame those assumptions for the unwillingness by states to mandate helmet use at ski areas.

But a study published in November by the Journal of Trauma and Acute Care Surgery sought to debunk those concerns, saying there is no evidence that helmets heighten “compensation behavior’’ for skiers who may take more risks wearing helmets.

“The use of safety helmets clearly decreases the risk and severity of head injuries as compared to non-helmeted participation in skiing and snowboarding,’’ the report concluded. Its authors include trauma surgeons.

Ski operators across the country are not embracing the idea of mandatory helmet laws. Troy Hawks, a spokesman for the Colorado-based National Ski Areas Association, said New Jersey – not known for its major ski centers – is alone in requiring helmet use by minors. California lawmakers passed similar legislation, but it was vetoed by the governor.

“Certainly New York seems like a blip. We’re not aware of similar efforts in other states,’’ Hawks said.

The national trade group says about 80 percent of skiers and snowboarders under the age of 14 already use helmets on a regular basis. “Obviously, the data shows that people are complying without a law being in place,’’ Hawks said.

The group’s members – covering more than 300 ski mountains in the United States – saw 54 fatalities last year, up from 47 during the 2010-11 ski season. The trade group said that amounts to 1.06 fatalities per million people based on the 51 million skier visits to the nation’s slopes last season – a rate that has been rising over the past decade.

The group also notes that 36 of the 54 people who died on the slopes last year were wearing helmets at the time.

The legislation in New York would leave enforcement of ski helmet laws entirely up to local police.

Like the state’s bicycle helmet law, a fine of up to $50 could be given to the parent or guardian of a skier under age 14 if the child was not wearing a helmet while in their presence on a slope. A guardian could include, apparently, anyone from another parent who brings a group of children under age 14 skiing to a school chaperone. The fine could be waived if a parent later supplies proof that a helmet was purchased or rented after the summons was issued. A basic child’s helmet can start at about $50.

The head of the Ski Areas of New York State did not return calls to comment, but Gabryszak said he and Little have worked with the trade group to draft the legislation.

Dennis Eshbaugh, president of Holiday Valley in Ellicottville, said he is comfortable with some of the bill’s wording but wonders if it is needed, since voluntary helmet use has been soaring in the past decade. “My personal belief is I don’t feel it’s a necessary action,’’ he said.

“We’ve made huge inroads relative to education, and I’m a real believer in that approach of informing and educating people so they can make good choices,’’ Eshbaugh said. He said teens under age 18 at his slope are in helmets about three-quarters of the time.

Whether the law would actually be enforced is uncertain. Unlike the bicycle helmet law, which would let police riding in a car see if a child is complying with the statute or not, this bill would, practically speaking, require a police officer to be on the slopes.

“It leaves it up to local law enforcement. They may or may not enforce it, but what this does is take the onus off ski resorts and put enforcement on the enforcement agencies,’’ Gabryszak said. He said he knew of no opposition to the measure.

Studies have shown about 600,000 injuries occur on North American ski slopes each year, with up to 20 percent involving head injuries. The total number of what the industry deems “serious injuries’’ – involving internal and head injuries or paralysis – amounted to 51 instances last year in the United States. But that does not include, health experts say, concussions and other head injuries that could be prevented by the use of helmets.

The ski industry says the number of skiers wearing helmets has increased markedly over the years, from 25 percent in 2002 to 67 percent last year for skiers of all ages.

Among young skiers, the numbers are higher; 77 percent of skiers and snowboarders under the age of 17 wore helmets on the slopes, the national trade group reported.



email: tprecious@buffnews.com

New York tribes’ casino revenues declining

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ALBANY – New York’s Indian tribes saw the sharpest decline in gambling revenues of any state in 2011, as new competitors ate into their profits, a new report has found.

The three tribes in New York with gambling halls, including the Seneca Nation, saw a nearly 3 percent overall drop in revenues in 2011 while tribes nationwide saw a 3 percent revenue increase from betting operations, according to Casino City’s Indian Gaming Industry Report.

The sour performance by New York’s tribes came as the state expanded its own Lottery offerings, casinos spread in Pennsylvania, and additional racetrack-based casino gambling offerings came on line in New York.

All of New York’s Indian casinos are located upstate, a region of the state still facing growing economic concerns.

The report for the Boston area firm was authored by California economist Alan Meister, whose study did not break out individual gambling revenue performance for New York’s three tribes. While New York’s tribes saw an overall drop of 2.6 percent in revenues, Alabama led the nation with a 26 percent increase. Other states seeing Indian gambling revenue declines include Connecticut, Oregon and Idaho.

The Seneca Nation operates three casinos, while the Oneida Nation and the St. Regis Mohawks run one apiece. In all, the New York tribes brought in $921.4 million in revenues, down from $946 million in 2010. Non-gambling revenues at the casinos also fell during the year.

The $921.4 million in gambling revenue put New York tribes at number 10 nationwide, far behind the $6.9 billion generated by 62 tribes in California.

The report suggested those states with declining revenues are becoming more saturated with gambling opportunities at a time when the economy is still sluggish. The numbers come as New York officials, led by Gov. Andrew Cuomo, are pushing a plan to permit up to seven non-Indian casinos; precisely where those casinos might be located has not been decided in talks at the Capitol.

email: tprecious@buffnews.com

Falls inspectors launch new blight crackdown

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NIAGARA FALLS – Mayor Paul A. Dyster is putting commercial building owners in the blighted parts of the city on notice.

Either shore up the eyesores that drag down property values, Dyster said Wednesday, or city inspectors will crack down on you.

Dyster gave more details on a new code enforcement crackdown announced in last month’s State of the City address.

He said the “blight blitzes” will begin within a month in the center city neighborhoods and will focus on the many blighted buildings in those areas.

“This is not a surprise attack,” Dyster said in a statement. “This announcement gives owners the chance to get buildings in order. If they choose not to, they will be financially penalized.”

“Blighted storefronts drag down the local economy and they are unfair to surrounding neighbors,” he added. “Enough is enough.”

Inspection teams will focus on buildings that break the city’s code requirements, the mayor said.

He identified broken windows and overgrown vegetation as obvious issues to be addressed.

The inspection program will be funded by a federal grant managed by the city’s Community Development Department, said Seth A. Piccirillo, community development director.

“The blight blitz is part of our targeted neighborhood approach,” Piccirillo said. “We are pinpointing commercial blight in specific areas and using federal grant funds to get the job done.”

Dyster also pledged to work with the City Council to develop new regulations aimed at preventing “land speculators from allowing their properties to become nuisances to the public.”

He did not give more details about this initiative but said in his State of the City speech that his goal is to “make it impossible for land speculators to hold down development in Niagara Falls by hanging on to multiple key development parcels year after year, decade after decade, with no regard for how this impedes the overall development of the city.”



email: cspecht@buffnews.com

Traffic stop in Lockport finds a man carrying marijuana

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LOCKPORT – A Middleport man faced a number of charges after police uncovered drugs during a traffic stop Monday.

Christopher L. Monaco, 20, of Carmen Road, was charged with obstructed view, aggravated unlicensed operation, unlawful possession of marijuana, seventh-degree criminal possession of a controlled substance and criminal possession of a hypodermic needle.

Lockport police stopped Monaco at 1:27 a.m. Monday on East Avenue for an equipment violation. They found he was driving without a license and then noticed the odor of marijuana. In a search of the vehicle police found a baggie of marijuana and three hypodermic needles, one filled with a pink substance that Monaco admitted was Opana, a controlled substance.

Police also seized $80 in cash.

Burglar hits Niagara Falls soup kitchen

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NIAGARA FALLS – A social worker at the Heart and Soul soup kitchen said her laptop was stolen from a locked office on Tuesday.

She said someone gained access to the office sometime between 8 and 11:45 a.m. and took the $500 laptop at the site in the 900 block of Ontario Avenue. She told police that she had to unlock her office upon her return and was unsure how someone gained access.

This is the second incident involving this office. The locks were changed after the last burglary, police reported.

Judge’s brother pleads guilty to pot felony

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LOCKPORT – David B. Cohen, the brother of Livingston County Judge Dennis S. Cohen, pleaded guilty Wednesday to growing marijuana in a rented house on Tonawanda Creek Road in Pendleton.

David Cohen, 50, moved from the Livingston County Town of Caledonia to Transit Road on the border of the Genesee County towns of Bethany and Pavilion, so he would be eligible to take part in the judicial diversion program of court-supervised drug treatment.

Niagara County Judge Sara Sheldon Farkas warned him that he faces up to 5½ years in state prison if he washes out of his treatment program, to be supervised through City of Batavia Drug Court.

David Cohen pleaded guilty to first-degree criminal possession of marijuana. He was arrested Jan. 13, 2012, in a police raid on the Pendleton property, where officers found an indoor pot-growing operation and 16 pounds of the drug.

Fashion Outlets seeks tax incentives for 50-store expansion

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TOWN OF NIAGARA – The Fashion Outlets of Niagara Falls is planning a 50-store, $71 million expansion, aimed at maintaining it position as a top weekend destination for Canadian shoppers.

The town Industrial Development Agency accepted an application Wednesday for a tax break for the project and scheduled a public hearing and vote for March 13.

The timing and size of the 230,000-square-foot expansion, which includes about 175,000 square feet of leasable retail space, are being driven by coming competition in nearby Ontario, according to Douglas H. Morrow, vice president of development for Macerich Co., the Santa Monica, Calif., company that owns the mall.

Pointing to planned new outlet centers west of Niagara-on-the-Lake and in Halton Hills, Ont., Morrow said, “It’s very concerning to us that Canadian customers might choose convenience over the dollar savings, with the hassles of the trip over the border. We need to be first to market.”

And Canadian shoppers are the Military Road mall’s lifeblood. Morrow said Canadians comprise 68 percent of the shoppers and provide 82 percent of the sales at what is now a 526,000-square-foot, 150-store mall.

The plan is to fill the expansion with high-end stores, although Morrow wouldn’t disclose any names. However, he said 89 percent of the space in the expansion is already spoken for through letters of intent or actual leases.

Morrow said the mall doesn’t intend to move or enlarge existing retailers. “The goal is to bring to the market tenants that we can’t accommodate now,” he said.

By the third year after its completion, employment at the mall is projected to increase by more than 600 jobs, to a total of 2,533, IDA Chairman Calvin Richards said. The total payroll will be an estimated $44 million a year.

The expansion, targeted for a fall 2014 opening, is to be built on the 32-acre site of Sabre Park, a mobile home park that a Macerich holding company acquired in a foreclosure auction last year.

Morrow said as of March, only 11 tenants will be left in Sabre Park. Some of their leases will expire in June, the rest in November.

“We’re not evicting them. We’ll work around them,” he said. Only about two-thirds of the trailer park is going to be redeveloped, leaving room for future growth of the mall.

Town Supervisor Steven C. Richards said the mall already draws five million shoppers a year, making it the second-most visited site in Niagara County behind Niagara Falls itself. He said, “This is the biggest private investment in our town in our history.”

He said it might take six months for all the necessary approvals to be obtained, not only from the IDA but also from the Planning Board, the Zoning Board of Appeals and the Town Board, which has the final say on the site plan.

The supervisor, who is the son of the IDA chairman, said he expects an estimated $18 million worth of improvements by existing mall merchants. The entire project is expected to provide 925 direct and indirect construction jobs.

The 15-year property tax break and a sales tax exemption on furnishings and materials for the expansion will save Macerich an estimated $6 million over 15 years, IDA counsel Mark J. Gabriele said.

Sales tax paid by Canadian shoppers at the new stores is projected to total $4 million a year, with $12 million more coming from spending by Canadians away from the mall.

“Where else can you actually bring in dollars that aren’t just transferring sales tax dollars around [from county to county]?” Morrow asked.

The existing mall is under a payment in lieu of taxes agreement that has 12 years left to run, Steven Richards said. Macerich also pays the town $200,000 a year under a host community agreement that also has 12 years left.



email: tprohaska@buffnews.com

More than 550 notices of claim have been filed in Love Canal lawsuit

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More than 550 people have signaled their intent to join a state court lawsuit alleging that toxic contamination from the Love Canal landfill has created a “public health catastrophe” for neighbors of the site in Niagara Falls.

“We’ve filed in excess of 550 notices of claim, and I believe the number is closer to 600,” plaintiffs’ attorney William H. Mack told The Buffalo News on Wednesday. “This is a mechanism for notifying municipal defendants that these individuals are contemplating filing complaints alleging that they have suffered damages as a result of exposure to Love Canal contamination.”

Filing a notice of claim is a legal procedure required to file a lawsuit against a government agency in New York State’s courts.

Mack said he anticipates that many of those 550 people will join a lawsuit filed lasy year that seeks $113 million in damages, year, alleging that toxic chemicals have leaked away from the 21,800-ton toxic landfill that is maintained – under government supervision – by a subsidiary of Occidental Chemical Corp.

Some of the 550 are current residents of the area that has been declared safe, while others have moved out.

An updated complaint filed by the plaintiffs Friday refers to the alleged new problems at Love Canal as a “public health catastrophe.”

Government agencies deny that there is any health emergency.

Among the injuries that one or more plaintiffs suffer are birth defects, chromosomal abnormalities, bone marrow abnormalities, cardiac conditions, pulmonary symptoms, unexplained fevers, skin conditions, behavioral problems, learning disabilities and loss of teeth, according to the complaint.

Many of the plaintiffs’ homes are “virtually unsalable” because of widespread contamination problems in the neighborhood, according to the latest court documents.

Some residents who live near the landfill have criticized the lawsuit as nothing more than a money grab orchestrated by attorneys seeking to cash in on events that occurred at Love Canal decades ago.

But supporters of the legal action, including Stephen U. Lester, science director of the Center for Health, Environment and Justice, say that it was a huge mistake for government officials to allow resettlement of the neighborhood that was declared an environmental disaster area in the late 1970s, leading to the evacuation of hundreds of families.

The lawsuit, originally filed by three families who lived near the landfill, alleges that some people have been made seriously ill by exposure to chemical wastes that are supposed to be securely stored at the landfill.

Those allegations have been vehemently denied by officials of Glenn Springs Holdings, the Occidental Chemical subsidiary; in addition to the City of Niagara Falls, the U.S. Environmental Protection Agency and the state Department of Environmental Conservation.

Those government agencies insist that the neighborhood is safe – for hundreds of families who live nearby, for senior citizens who attend activities at a city-run senior citizens center directly adjacent to the landfill, and for children who use a playground next to a landfill and a nearby baseball/softball facility.

The early 2011 finding of toxic chemicals in a sanitary sewer line on Colvin Boulevard, just outside the landfill property, should not be viewed as an indication that chemicals are leaking away from the landfill, those government agencies contend.

The agencies do not see any specific environmental concerns “from the recent sewer repair work, from ongoing public water line repair work, or from the ongoing containment operations being conducted at the Love Canal site,” said a federal attorney in a letter sent this month to U.S. District Judge John T. Curtin, who inquired about the status of Love Canal.

Curtin, who spent nearly 20 years overseeing a federal Love Canal lawsuit that ended in 1998, said he sent a letter to state and federal officials because he was alarmed by articles in The News on the new litigation in state court.

“Proper operation of the Love Canal containment and treatment system is an issue that DEC takes very seriously and monitors closely,” said Emily DeSantis, a state DEC spokeswoman. “The protective systems in place are operating properly and monitoring data does not indicate any system failures or leaks.”

The DEC said Wednesday that it has not changed its position, despite the news that 550 more people may join the lawsuit. Eric P. Moses, a spokesman for Occidental and Glenn Springs Holdings, had no immediate comment late Wednesday. He stated last month that the companies’ top priority is making sure the landfill is operated in a manner to protect the public safety.

According to Mack, research and chemical testing done by the plaintiffs’ legal team indicates that there are problems with toxic contamination in the neighborhood.

He declined to make public the notices of claim but said that most of the complaints made by potential new plaintiffs are similar to those made by the three families who filed the lawsuit last year.

The families who filed suit last year alleged that their residential properties are contaminated with toxic chemicals and said that they have suffered from respiratory ailments, skin rashes, severe headaches and other illnesses. One of the families said their baby boy was born last year with clubbed feet and other birth defects.

“We’re still analyzing the new claims. We’re not giving details of them at this time. We do anticipate filing additional complaints, and most of the complaints are similar to those we filed last year,” Mack said. “No two stories are the same.”

Mack added that the legal team still has experts conducting environmental testing in the neighborhood. He said details of what is found will come out later in the litigation.

“We do not solicit these cases,” Mack said. “These folks come to us because they need help. Some of them are very emotional.”



email: dherbeck@buffnews.com

Lockport developers face new storm water regulations

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LOCKPORT – The Town Board was briefed Wednesday on state storm water regulations that town planners now will be required to enforce.

Town Engineer Robert D. Klavoon said the growth in the town’s population density as measured by the 2010 census forced the town into what the state Department of Environmental Conservation calls an “MS4” designation. It stands for Municipal Separate Stormwater Sewer Systems.

In short, it means any site plan that disturbs more than an acre of ground must comply with the state rules for control of storm water runoff from developed sites, in addition to the various town ordinances already enforced by the Planning Board. The state seeks to reduce the possibility of pollutants being carried by rain or melting snow through sewers into bodies of water.

“It’s not really a plus or a minus,” Town Supervisor Marc R. Smith said. “It’s a major departure from the way we’ve done things … No matter where the water goes, we’re responsible for it.”

The regulations were triggered for the whole town because of the population density spilling over from Amherst along Tonawanda Creek Road, Klavoon said.

“It’s going to be another obstacle for the developers,” Klavoon said. “It’s an unfunded mandate.”

Someone on the town payroll will have to be put in charge of storm water management, Klavoon said. But on the positive side, he said, the investigations needed to compile the annual report due by June 1 will increase the chances of discovery of illegal sewer discharges.

On another matter, Smith asked the board to make suggestions on possible unusual species or “vistas” they might want to see protected during the Western New York Land Conservancy’s Niagara Escarpment Legacy Project.

The Niagara River Greenway Commission approved the conservancy for a $316,673 grant to fund a survey of key areas along the escarpment, a geological feature that bisects the county from west to east.

Smith also reported that the state Department of Transportation has informed him that its funding of the Lincoln Avenue reconstruction project will not include the cost of moving a town water main under the south shoulder of the road.

Smith said that probably means the pipe won’t be moved when the street is repaired, perhaps as soon as next year. “I don’t think the town wants to invest half a million dollars,” Smith said.

The town will spend $58,700 to redo the exterior of the former Carpenters Union Hall on Dysinger Road, which it bought in 2011. Sicoli Construction of Niagara Falls won the contract for a new mansard roof, siding and trim.

Smith said there was mold in the walls and the insulation, and the town will use spray-foam insulation to replace the old material.

Smith said the DOT and the town have agreed that the town will buy a pedestrian bridge to take the Robinson Road sidewalk extension over Donner Creek, a 2014 project. The DOT will install the bridge and the rest of the sidewalk.

The board also decided to spend $10,300 on 40 more parking spaces at Day Road Park. It also approved spending $15,000 on labor and $2,342 on materials to repair three waterline breaks in the past month: at South Transit and Robinson Roads, on Kimberly Drive and on Keck Road. Klavoon said a fire hydrant also had to be replaced at the latter site.



email: tprohaska@buffnews.com

Youngstown burglar pleads guilty

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LOCKPORT – A Youngstown man, arrested Dec. 3 when he was caught trying to burglarize a home on Ulrich Drive in Porter, pleaded guilty Thursday in Niagara County Court.

Steven C. Lewis, 24, of Third Street, admitted to third-degree burglary and was assigned to the judicial diversion program of court-supervised drug treatment by County Judge Sara Sheldon Farkas.

If Lewis fails in the treatment program, he faces as long as seven years in prison, but if he succeeds, his charges will be reduce or dismissed.

The eventual sentence will include $428 restitution to the homeowner who saw Lewis trying to enter through a window. Lewis, through Assistant Public Defender Michael E. Benedict, protested that the amount should be less because, he claimed, he damaged only a screen, not the window itself. Farkas called Lewis’ claim “pathetic.”

North Tonawanda Police Chief Randy Szukala to retire

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NORTH TONAWANDA – Police Chief Randy Szukala, who was the youngest chief in the city’s history, has announced he will retire at the end of March after nine years on the job.

“We’ve been very thankful,” said Mayor Robert Ortt of Szukala’s 25 years of service to the department. “He has certainly overseen a lot of changes.”

Szukala, who told Ortt about his retirement a couple of weeks ago, was known for adding cameras to the repertoire of officers’ crime-fighting tools and increasing the department’s rate of solving crimes.

He had been hesitant at first about the decision by Ortt and the Common Council to move the city’s emergency dispatch services to the Niagara County sheriff’s headquarters in Lockport last year.

But the department of six had cost the city about $440,000 a year, and the savings were too attractive to forgo. Szukala, who could not be reached to comment, oversaw the change thoughtfully, Ortt said.

“We made it happen,” he said. “He made sure it was executed in a safe manner.”

Szukala, who became chief in his late 30s, will be 47 when he retires. He recently completed a master’s degree, and Ortt expects him to take on a new career, perhaps teaching. “He’s a young man,” said Ortt. “He can go off and do whatever he wants to do.”

In the next couple of weeks, the mayor expects to hire a temporary chief to oversee the department of 46 officers.

Once the results of the civil service police chief exam are available later this spring, he will hire Szukala’s permanent replacement.



email: mkearns@buffnews.com
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