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Woman avoids jail for selling painkillers

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LOCKPORT – A Town of Niagara woman who sold her own prescription painkillers to a police informant was sentenced to five years’ probation Monday by State Supreme Court Justice Richard C. Kloch Sr.

Brenda J. Sault, 58, of Savannah Street, had pleaded guilty to fifth-degree criminal sale of a controlled substance.

She sold Fentanyl to the informant Oct. 25, 2011, one of three sales for which she was originally indicted.

Lockport man faces a number of charges for leaving the scene of an accident

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LOCKPORT – An Elmwood Avenue man faces several charges after police said he fled the scene of a motor vehicle crash at Pine Avenue and Genesee Street at noon Monday.

Clayton E. Herring, 52, was charged with aggravated unlicensed operation, leaving the scene of an accident and second-degree criminal contempt.

He faced additional charges after he was found driving without a license and then police learned he had called his ex-wife to remove the car, violating an order of protection.

Pickup fire destroys pickup and damages house, second vehicle

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PENDLETON – An unoccupied pickup truck caught fire while parked in a driveway in the 5500 block of Mapleton Road just before 3 a.m. Monday.

Joann M. Schneegold told Niagara County sheriff’s deputies that she heard a loud boom and found the 2002 Dodge Ram pickup engulfed in flames. She said the vehicle, owned by her boyfriend, Mark B. Caprio, had been sitting in the driveway at 5506 Mapleton Road for the past week and hadn’t been moved.

Firefighters from Wendelville Volunteer Fire Department were called to the scene to extinguish the fire.

The pickup was a complete loss. The heat of the fire also damaged a 1995 Chevrolet Caprice parked in the driveway as well as the vinyl siding on the house, deputies reported.

A damage estimate was unavailable.

Return of CWM donation is debated in Lewiston

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LEWISTON – A half-dozen residents Monday appealed to Supervisor Steven L. Reiter to return to Chemical Waste Management the $5,000 the company donated for use toward the a public ice-skating rink.

The Town Board did not take any action on the requests made during the board’s work session. Reiter said he merely wanted to give residents an opportunity to air their concerns about the gift.

“This is an informal meeting, and I’m only doing this because I understand your concerns. I would like to hear your concerns,” the supervisor said.

Reiter did not indicate whether the board would take action.

“I’m asking you to return the $5,000 to CWM because I feel that the schools have not accepted the money from the organization,” said Karen Allen, a Lower River Road resident.

“When they are asking for their license and expansion, this is going to look bad – like they have supported the town.”

Residents characterized the donation from CWM as an attempt to win influence in the community.

CWM is seeking New York State approval to expand its landfill at the Lewiston-Porter town border, though the state Department of Environmental Conservation has said the expansion is unnecessary and that placing the toxic waste it collects in a landfill is the least desirable method of disposal.

Lewiston’s Town Board is among a number of entities in Niagara County, including the County Legislature, the Lewiston-Porter School Board and the villages of Lewiston and Youngstown, that have gone on record in opposition to expansion of the landfill.

“It’s very unfortunate to see the town mentioned in a paid advertisement for a company that [the town is] opposing,” said resident Amy Hope Witryol.

“Not once has CWM provided a document in writing saying that its donation could in no way be used to further expansion, and there’s nothing we can do to prevent them from making that argument. But we certainly have the option and the ability to avoid helping them make that argument.”

April D. Fideli, of Residents for Responsible Government, read a statement from one of the community group’s board members, Timothy P. Henderson.

“In recent years and in partnership with concerned residents, the Town Board has opposed the expansion of this hazardous waste facility both publicly, legislatively and in court proceedings. For the town’s position to be truly effective, it cannot both oppose and support this company,” Henderson wrote.

Witryol said that time was of the essence with regard to returning the donation to CWM.

After the meeting, Witryol said, “You don’t wait until the skating season is over to return the money.”



email: hmcneil@buffnews.com

Falls Council keeps cuts, overrides mayor’s budget vetoes

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NIAGARA FALLS – The city’s impending fiscal disaster has been averted for at least one more year.

City lawmakers Monday voted to uphold the majority of their spending cuts to Mayor Paul A. Dyster’s budget, ensuring homeowners will see no tax increase in 2013.

“We took the mayor’s disaster budget and brought it down to reality,” said Council Chairman Sam F. Fruscione. “With no tax increase, restoring most jobs and critical services, we’ve fulfilled our goal.”

While the lawmakers overturned the majority of Dyster’s vetoes to the $96 million budget, two Council members were able to restore roughly $400,000 to the budget before the budget was adopted.

Most of the restored funds came from budget lines for tourism, economic development (two jobs), equal employment (one job) and Fire Department overtime.

“When you’re talking about moving the city forward, there’s certain things you have to have in place,” said Councilman Charles Walker, who voted with Councilwoman Kristen M. Grandinetti to restore the funds.

Those funds will be administered through a newly established contingency account, controlled by the Council, which totals about $700,000.

Despite those restorations, the majority of the Council’s $3 million in cuts withstood the veto process – enough that homeowners will see no tax rate increase, and businesses will see a 95 cent decrease per $1,000 of assessed value, officials said.

“The taxpayers and business owners of Niagara Falls are finally going to receive some good news,” said Councilman Glenn A. Choolokian.

The Council was able to plug the budget gap primarily through cutting funding to USA Niagara Development, the state’s regional economic development arm. The city contributes roughly $3 million to the agency each year.

The Council also received a round of applause and plenty of handshakes for restoring all union jobs to Dyster’s original budget. Fewer than 10 city workers will now be laid off, and seasonal employees can be hired because no union positions were cut.

Dyster, who vetoed the USA Niagara cut, sought to portray the move as a shortsighted attempt to balance this year’s budget at the expense of future progress.

“I have concerns about not where we ended up but how we got here for the future,” Dyster said. “For me, trying to figure out how we get out of a hole starts [today].”

The mayor said he had concerns about the Council’s cutting the salaries of the city administrator and city engineer. He said the Council has slashed the salaries of his appointees each year of his tenure.

“In some cases, this has become very personal, and that’s no way to run government,” he said.

The city has been hobbled by a gambling dispute between the state and Seneca Nation of Indians, which has withheld $60 million in casino slots revenue from the city as part of the fight. Both the mayor and Council said the city’s budget problems don’t look much better for next year. Dyster said city government needs to shrink as expenses increase.

“You can’t keep going on like this forever,” the mayor said. “You delivered good news for this year, but looking down the road, there’s some major dark clouds on the horizon.”

Added Fruscione, “It’s not going to get any easier.”



email: cspecht@buffnews.com

Falls, Salamanca don’t need control boards, DiNapoli says

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NIAGARA FALLS – Despite fiscal crises caused by the cutoff of Seneca Nation casino revenues, neither Niagara Falls nor Salamanca needs a control board, State Comptroller Thomas P. DiNapoli said Monday.

He was asked about the situation during a news conference in Niagara Falls City Hall to unveil examples of the fiscal profiles the Comptroller’s Office soon will post on its website for all local governments and school districts in the state.

DiNapoli chose the data for Niagara Falls and Salamanca, the two cities crippled by the Senecas’ refusal to pay a share of casino revenues to the state, as examples of the new six-page reports.

Niagara Falls has done without $60 million in casino money in the past three years because of the Senecas’ dispute with the state over gaming exclusivity.

DiNapoli’s report says Salamanca could run out of cash before its fiscal year ends March 31, since its revenue shortfall of $2.5 million this year is 35 percent of its budget.

Before the Senecas closed the monetary spigot, Salamanca was enjoying double-digit annual revenue increases – and nearly 10 percent average annual spending increases, DiNapoli reported.

“The demands on city government did not go away when casino revenues did,” Salamanca Mayor Jeffrey L. Pond said in a statement.

Niagara Falls Mayor Paul A. Dyster said he intends to create a “blue-ribbon advisory panel” to help him with the Falls’ fiscal management. Although he said the panel would have no legal powers, he said it would be helpful to have more people with financial know-how to assist the city. The members need not be Falls residents. Dyster called it “our own version of a control board.”

“Every once in a while, someone on the Niagara Falls City Council will mention that we should have a control board,” he said. “That power resides here, with the City Council. To my mind, a control board is what happens when you’re not making the tough decisions.”

The finances of the City of Buffalo and Erie County are monitored by control boards.

The reports include data that cities already report to Albany, but it’s going to be regularly posted instead of kept for internal use, DiNapoli said.

Eventually, the fiscal monitoring system will use a complex point system to calculate an overall score of fiscal stress for each locality, to be publicized and posted on the comptroller’s website. DiNapoli hopes the system will provide early warnings of trouble so it can be reversed.

The Niagara Falls report condenses into six pages a tale of woe that won’t come as much of a surprise to anyone who has lived there for a while. The city’s population, now 50,000, is less than half of what was it was at its peak in 1960. Of those remaining, 17.6 percent of families live below the poverty line.

Almost 14 percent of the buildings in Niagara Falls are vacant, and the median home price is $65,400. For the cities outside New York City, the median vacancy rate is 9 percent and the median home price is $96,000. Also, 45 percent of the assessed valuation in the city is tax-exempt, compared with the state median for small cities of 32 percent.

In Salamanca, where the population is down to 5,800, the poverty rate is 15 percent, and 62 percent of property value is tax-exempt. About 90 percent of the city’s land area lies within the Senecas’ Allegheny Reservation.



email: tprohaska@buffnews.com

Tickets on sale for gala benefitting Medical Center

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NIAGARA FALLS – Tickets are now on sale for the 2013 Premier, Niagara Falls Memorial Medical Center’s annual black-tie dinner and entertainment gala, set for Jan. 19 in the Seneca Niagara Casino & Hotel. Tickets are $225.

More than 500 dinner reservations already have been made, said Memorial Vice President Ann Marie Tucker.

Singer Jon Secada will headline the entertainment. Also on tap that night are a silent auction of high-priced items, such as vacation packages, including trips for two to the Kentucky Derby and the U.S. Open golf tournament; his and hers Movado watches; pearls; artwork; and Waterford crystal.

The event will honor nurses from Memorial and the Schoellkopf Health Center and Dr. Michael Cropp, president and CEO of Independent Health. Proceeds will benefit Memorial’s cardiac and stroke care services. For more information and sponsorship opportunities, call 278-4570 or visit www.nfmmc.org;www.nfmmc.org.

VanDeMark Chemicals sold, local management staying in place

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VanDeMark Chemicals has been acquired by a pair of New York City private-equity firms in a deal that will keep the top management at the Lockport chemical company.

The private-equity firms, Brightwood Capital Advisors and Uni-World Capital, purchased VanDeMark from Buckingham Capital Partners, a New York City leveraged buyout firm that had purchased the former Isochem Inc. five years ago from a French company, Groupe SMPE.

The terms of the deal were not disclosed, but Buckingham said it earned a 30 percent internal rate of return on its investment in VanDeMark. Buckingham said VanDeMark’s earnings more than tripled to a record high during the time it owned the company.

The new owners, who completed the acquisition at the end of November, said VanDeMark’s three top managers — CEO Mike Kucharski, Chief Operating Officer Paul Ameis and Bob Bigos, its chief financial officer — are remaining in their positions and continue to hold a “significant” ownership stake in the business.

Kucharski said the new owners are hoping to launch an expansion program that would broaden VanDeMark’s operations and its markets.

“Since our spin-off from SNPE in 2007, we have been readying the company’s operations and facilities for expansion,” Kucharski said. “We now have the ownership and financial resources to take the next step in that growth plan.”

VanDeMark has about 85 employees at its plant on North Transit Road, which is about 10 percent less than it had five years ago. The company makes phosgene, phosgene derivatives and other chemicals that are used by its customers to make a wide range of products, from paint and pharmaceuticals to polymers and sealants.

“VanDeMark is a great company with a blue-chip customer base and significant potential in both existing markets and as yet undeveloped end uses,” said Sengal Selassie, Brightwood Captital’s co-founder, in a statement.

In a bid to reduce its capital costs and simplify its ownership structure, Buckingham recapitalized VanDeMark late last year through a $34 million refinancing that included $31 million in debt from Prospect Capital, a closed-end investment company in New York City, and additional financing from First Niagara Bank.

email: drobinson@buffnews.com

Crash temporarily closes Upper Mountain Road in Lewiston

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LEWISTON – Upper Mountain Road reopened about 5 p.m. after it was closed in both directions following a two-vehicle crash about 4:30 this afternoon on the roadway, near Bronson Drive.

Several ambulances were called to the scene to attend to two or more persons, but the injuries do not appear serious, according to Niagara County Sheriff’s Office dispatchers.

The cause of the crash is unknown at this point.

Would-be burglar causes $4,000 in damage to Lockport car wash

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LOCKPORT – A man with a crowbar and hammer who tried to access a control panel at a Lincoln Avenue car wash Tuesday morning caused $4,000 in damage, according to Niagara County sheriff’s deputies.

The owner of Laser Car Wash said he received an email just after 7 a.m. that alerted him of a problem with the control panel. He said when he arrived at the car wash, he saw a man with a crowbar and a hammer in his hands. He told deputies he confronted the man from his car and grabbed the hammer from before the man fled.

Security video from cameras at the car wash and a nearby drug store have been provided to deputies. The investigation continued Tuesday night.

Traffic stop leads to drug, alcohol charges for North Tonawanda man

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CAMBRIA – A North Tonawanda man stopped for speeding on Saunders Settlement Road earlier this week was found drinking in his car and in possession of marijuana, Niagara County sheriff’s deputies reported Tuesday.

Timothy B. Leithner, 48, of Stenzil Avenue, was stopped just before 7:30 p.m. Sunday in the 4700 block of Saunders Settlement Road and told deputies he was unaware of his speed because his speedometer was broken.

Leithner was charged with speeding and was additionally charged with drinking alcohol in a motor vehicle after deputies said they found an open, cold bottle of beer between the front seats that Leithner admitted he had been drinking. Deputies said he passed all field sobriety tests.

Deputies also smelled marijuana in the vehicle and charged Leithner with unlawful possession of marijuana after he turned over a baggie containing the drug, according to a sheriff’s report.

Deputies said that due to the poor mechanical condition of the vehicle a tow truck was called to tow Leither’s vehicle from the scene.

Falls teen charged in an attempted armed robbery

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NIAGARA FALLS – A city teen was named as a co-defendant in an attempted armed robbery from last month on Pine Avenue.

The 17-year-old Portage Road boy was arrested on a warrant just before midnight Monday on Cedar Avenue on charges of first- and second-degree attempted robbery in connection with an incident on the 800 block of Pine on Nov. 18, city police reported.

A co-defendant, also 17, of Niagara Avenue, was picked up and charged at the scene.

The 37-year-old victim told police that the two teens in hoodies approached him on the street and asked for a cigarette, then threatened to “run through his pockets” if he refused. He said one of the teens grabbed his walking stick, swinging it and hitting him in the left arm. Both ran from the scene when they saw an approaching patrol car, according to the victim. The Niagara Street defendant was found walking on the street and identified by the victim. He told police that he was not the leader in the attack, just the lookout.

Man admits role in Newfane burglary

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LOCKPORT – Travis J. Watts, 28, of Hatter Road, Newfane, pleaded guilty Tuesday to taking part in the Aug. 2 burglary of a neighbor’s home.

Last month, his live-in girlfriend, Sasha N. Botting, 23, admitted to third-degree burglary, the same charge as Watts.

Botting is scheduled for sentencing Jan. 15 by State Supreme Court Justice Richard C. Kloch Sr., but Tuesday Kloch placed Watts into the judicial diversion program of court-supervised drug treatment. He faces up to seven years in prison if he fails in drug treatment, but Kloch said if he succeeds, Watts is likely to receive a conditional discharge.

Watts, who remains in jail until his first drug court appearance on Thursday, also must pay $380 in restitution.

Cocaine suspect asks to be considered for treatment

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LOCKPORT – A Niagara Falls man pleaded not guilty to a six-count cocaine possession indictment in Niagara County Court Tuesday, but he also asked to be screened for admission to the judicial diversion program of court-supervised drug treatment. He would have to plead guilty to enter the program.

Jason M. Klinger, 37, of 15th Street, was arrested March 9 when a probation officer visiting his home found multiple bags of alleged cocaine.

A grand jury charged Klinger with third-, fourth-, fifth- and seventh-degree criminal possession of a controlled substance, along with unlawful possession of marijuana and second-degree criminal use of drug paraphernalia.

Assistant District Attorney Ryan K. Parisi said Klinger was charged with having multiple bags of cocaine of various weights, which he allegedly intended to sell, along with marijuana and some pills.

North Tonawanda man sent to prison for harassing woman

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LOCKPORT – Niagara County Judge Matthew J. Murphy III imposed a two- to four-year prison term Tuesday on a North Tonawanda man who repeatedly violated restraining orders obtained by his ex-girlfriend.

Thomas L. Jay, 42, of Schenck Street, had pleaded guilty to first-degree criminal contempt after being found in the bushes outside the woman’s home May 18.

Murphy said he learned that Jay had been charged with other contempt counts involving the same woman in June and October.

Court-appointed defense attorney Patrick M. Balkin blamed what he called Jay’s “stupid crimes” on the defendant’s alcoholism.

Boot camp stint ordered for Town of Niagara burglar

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LOCKPORT – A burglar who washed out of a court-supervised drug treatment program was sentenced Tuesday to a six-month tour in the state prison system’s boot camp-like “shock incarceration” program.

Joseph Light, 23, of Grauer Road, Town of Niagara, was sentenced by Niagara County Judge Sara Sheldon Farkas. He had pleaded guilty to third-degree burglary for the theft of four guns from a home on Buffalo Avenue in Niagara Falls July 1, 2009.

Light’s mother turned two of the stolen guns over to police last year, enabling them to crack what had been a cold case.

Special delivery at Falls post office turns into felony pot bust

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NIAGARA FALLS – If they were Christmas gifts, a city man picked the wrong place to have two packages delivered last week.

City narcotics detectives were waiting for Michael Crumpton when he went to the Main Street post office late last week to pick up the packages that police say contained more than five pounds of marijuana.

Crumpton, 22, of 21st Street, was arraigned Friday in City Court on a felony charge of second-degree marijuana possession. He posted $1,000 bail. A return court date was set for Jan. 16.

Police said Tuesday that Crumpton was arrested without incident just outside the Main Street post office at 2:40 p.m. Thursday.

Narcotics Division Lt. Bryan DalPorto told The Buffalo News that the arrest was made after city narcotics investigators received information from postal inspectors about the planned shipment.

It was unclear whether Crumpton was a go-between or planned to sell the drug, DalPorto said.

“We are still investigating the source and the final destination [for the marijuana], but at this point we don’t know,” he said.

The marijuana was packed into five vacuum-sealed plastic bags and stuffed into two boxes. The bags were wrapped in dirty T-shirts to disguise the odor of the drug, DalPorto said.

City police have seen many methods used to try to cover the odor of the drug, the lieutenant said, including packages filled with coffee grounds or grease. “None of it really works,” he said.

“It’s not very original. We’ve seen it done before,” DalPorto said of the shipped marijuana. “They use different carriers, Fed Ex, UPS. We’ve always worked closely with the postal inspector.”

He said officers found a return address label on the packages, which they will investigate.

The investigation is led by Narcotics Detective John Faso.



email: nfischer@buffnews.com

New plans to be available for Moses Parkway section

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NIAGARA FALLS – New plans for the southern section of the Robert Moses Parkway will be available for public viewing Thursday.

Proposed improvements to create more public access near the entrance to Niagara Falls State Park will be unveiled from 3 to 8 p.m. in the art gallery of the Conference Center Niagara Falls, 101 Old Falls St.

Wilson tree-lighting ceremony rescheduled to Saturday

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WILSON – The tree-lighting ceremony for “A Very Country Christmas” has been rescheduled to 6 p.m. Saturday near the Village of Wilson’s message board at Lake and Young streets.

The ceremony was postponed due to bad weather during the Christmas event held Sunday in venues throughout Wilson.

The contest to find the lucky child who will help light the Christmas tree is still under way, and anyone interested may visit wilsonfbc.org and click on “A Very Country Christmas” to submit a child’s name.

The annual event is organized by Wilson First Baptist Church.

North Tonawanda crews improve Witmer Road drainage

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NORTH TONAWANDA – A project to redirect water so about 25 homes and yards on Witmer Road no longer have flooding problems was finished this week, City Engineer Dale Marshall said Tuesday evening.

“They should notice the difference immediately,” he said after a Common Council workshop session.

“I can’t wait to see how it performs for the people.”

The flooding resulted from an old, capped landfill that prevented water from draining.

Monday, crews finished digging through its slope to allow water to flow to the Niagara River and away from Witmer, Marshall said.

The project, which started in October, included new culverts and ditches to redirect the water. It worked, Marshall said, because of a collaboration with the Town of Wheatfield.

North Tonawanda allowed the town to connect its narrow, sometimes overwhelmed storm sewer lines to the city’s bigger lines.

In turn, the city’s new culverts and ditches will channel water away from Witmer, through Wheatfield sewer lines and into the river.

The project, budgeted at $335,000 in Niagara County funds, ended up costing $170,000.

Money was saved by using ditches to channel the water away instead of underground pipes, Marshall said.

“Any time you can open a ditch, it works a lot better,” he said.

Now, Marshall will give the new system some time to see how well it works.

“We’re going to wait and see and make sure we solve the problem before we refund any money,” he said.



email: mkearns@buffnews.com
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