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Residents may bring court challenge to Lafarge expansion

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LOCKPORT – A court challenge to the Town Board’s approval of an expansion of the Lafarge North American stone quarry may be in the offing.

Residents who live near the affected area have retained Barry N. Covert, of Buffalo’s Lipsitz Green law firm, to represent them in opposing the town’s Dec. 26 decision to amend its zoning ordinance to allow Lafarge to mine a strip of land along the rim of its existing quarry.

The zoning amendment allowed mining in a strip of land about 162 feet wide and 4,000 feet long, which more than halves the current 300-foot buffer between the edge of the quarry and the north edge of Hinman Road.

Covert said he believes that only the state Department of Environmental Conservation, which licenses mining operations, could have approved the expansion, not the Town Board.

Town Supervisor Marc R. Smith said the opponents of the board’s decision are “grasping at straws.”

“We will withstand this challenge,” he said.

But the town has its own beefs with Lafarge. Smith said the company has not given the town any information about when it might begin digging a quarry on the south side of Hinman Road, where the company has been buying up property for the past several years.

Smith has been pushing for an update of the town’s master plan. However, he said Friday that the plan won’t be introduced this month or next, as he had hoped.

“There’s no sense in updating our master plan if we don’t know what their plans are,” Smith said, referring to Lafarge. The new plan is expected to rezone the Hinman Road property to permit mining.

“We’re working with the town to meet all their deadlines,” Lafarge spokeswoman Joelle Rockwood said.

Wendel, the town’s engineering firm, cannot deliver a finished draft before summer, Smith said.

“It would be unfair to hold public hearings in the summer,” Smith said, so the first hearing would be in the fall.

“We want to make sure the residents over there are informed,” he said. The town and the affected residents alike complained that Lafarge hadn’t given enough notice of its desire to mine the 4,000-foot strip.

However, the board went ahead with the approval, with members explaining they didn’t think the expansion would significantly alter the quality of life on Hinman Road, where residents have been complaining for years about property damage allegedly caused by blasting.



email: tprohaska@buffnews.com

Electronics and designer watches stolen in a Falls burglary

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NIAGARA FALLS – Designer watches were stolen from a home in the 2200 block of Weston Avenue overnight Wednesday, police said.

Someone smashed a kitchen window and then made off with a 60-inch television, Playstation and Xbox game systems and the 12 watches, police said. The loss was estimated at $2,950.

Driver lands on LaSalle Expressway after high-speed crash

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A driver described by police as highly intoxicated drove his car up and over a 10-foot embankment before landing his vehicle on the LaSalle Expressway in Niagara Falls early Saturday.

Tyler J. Rowland, 21, of Niagara Falls, who escaped injury, was arrested on several charges, including driving while intoxicated, following the 3:20 a.m. crash near 79th Street, state police said.

Rowland’s small car was speeding south on 79th Street, toward Frontier Avenue, which runs parallel to the LaSalle Expressway, according to Troopers William Persinger and Ryan Burns. The car zoomed past a stop sign at Frontier and rumbled toward an embankment leading to the expressway, police added.

The Chevrolet Aveo struck curbing, crashed through a fence, and then rolled up the embankment and was launched up and over a guardrail onto the westbound lane of the expressway, troopers said.

Rowland refused medical treatment and was transported to the Town of Niagara State Police barracks, where his blood-alcohol content was measured at 0.23 percent – nearly three times the state’s legal limit, troopers said.

In addition to aggravated DWI, Rowland was charged with driving at an unsafe speed, failing to observe a stop sign and failure to wear a seat belt. He is scheduled to appear March 12 in Niagara Falls City Court.

The crash caused a temporary shutdown of the LaSalle Expressway.



email: dherbeck@buffnews.com

Man Tasered for DNA sample refuses to give another

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LOCKPORT – Ryan S. Smith, the Niagara Falls man whose convictions for two robberies and a shooting were overturned because police Tasered him to obtain a DNA sample, has again refused to consent to a swab for a DNA test.

Niagara County Judge Sara Sheldon Farkas said her Dec. 4 order for Smith to give his DNA to the prosecution is still in effect, but Smith would not obey it.

The order is being appealed to the Appellate Division of State Supreme Court, said Joseph Terranova, Smith’s court-appointed defense attorney.

Smith, 24, is to be retried April 8 on the 24-count indictment that brought him a 45-year prison sentence after Niagara County prosecutors used DNA to place Smith at the crime scenes.

The handcuffed Smith was zapped with the stun gun in September 2008 to force him to yield to police demands for a swab for cells from the inside of his cheek.

Smith had given a DNA sample the previous month, but it was spoiled at the laboratory, meaning it couldn’t be compared with Smith’s DNA on file in the state criminal database. He gave that sample after a previous conviction.

The forcibly obtained DNA matched that left on a glove found near the scene of a Christmas Eve 2006 armed robbery of a Falls gas station and convenience store, as well as DNA on a can of soda sipped by a man who invaded a Niagara Falls home July 27, 2006.

Smith was convicted of carrying out two home invasions that day. At the second, a man was shot.

In March 2012, the Appellate Division overturned the convictions and ordered a new trial.

Terranova said he supports Smith’s refusal to comply with Farkas’ Dec. 4 order.

“Why should they let the [prosecution] benefit by going back a third or fourth time?” he asked.

Farkas suggested to Paul Parisi, the Erie County assistant district attorney who now has the case, that he prepare an “order to compel” for her to sign at the next court date March 13.

Farkas said as far as she is concerned, the trial will go forward as scheduled unless the Appellate Division issues a stay of the DNA order.

Terranova said he believes Smith cannot be convicted without DNA evidence.



email: tprohaska@buffnews.com

Plan to build canal boat for Lockport locks is unfunded

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LOCKPORT - The Buffalo Maritime Center, which is already building a reproduction of a War of 1812 naval craft, has been chosen to construct a replica of a mid-19th century Erie Canal packet boat for Lockport’s Flight of Five locks.

One problem: There is no money at the moment to pay for building the boat.

The $27,000 needed for the design and research can be covered with grant money left over from Lockport’s Grigg-Lewis Foundation, according to Peter Welsby, a member of the Lockport Locks Heritage District Committee.

But as for the $170,000 cost of actually building the boat, the committee in charge of the restoration of Lockport’s 19th century Erie Canal locks doesn’t have it, said David R. Kinyon, chairman of the committee.

And don’t count on the city paying.

“I don’t anticipate us spending any money on that,” Mayor Michael W. Tucker said.

Tucker is proposing that the city borrow $360,000 to provide a local match for $2.2 million in federal funds the Flight of Five project received more than a decade ago. That money is needed to pay for the restoration of two of the five stair-step locks, which have been idle for a century.

Bids are to be awarded later this year, and construction on the two locks is supposed to be completed in 2014.

Even if money is rounded up soon to build the replica boat, Welsby said that may not be soon enough.

“It’s very unlikely it will be ready," he said, referring to when the locks are scheduled to open.

The Maritime Center, though, said it can be patient.

“We’re going to take as much time as we need to do, and we’re going to do it right,” vowed Roger Allen, executive director of the Maritime Center.

Having a boat to demonstrate how the original locks worked is a crucial part of the project, Welsby and Tucker agreed.

“It’s not enough of a story to tell if there isn’t a boat in the locks,” Welsby said.

“We want to have a boat that’s authentic,” Tucker said.

Kinyon called it a “docent vessel. … It’s not going to be a passenger vessel.”

Allen said a packet boat was a freight vessel, towed by mules walking on the towpath.

“As far as we know, there are no existing packet boats from that period, which is about 1840 to the Civil War,” Allen said.

The boats, sometimes called “Durham boats” after their designer, were about 65 feet long and 12 feet wide. Allen said the boats drew about 2½ feet of water when fully loaded and were no more than 6 feet high above the waterline.

They were built of white or yellow pine, white oak, larch or cedar, depending on what lumber was available, Allen said.

“We’re actually primarily concerned with education at the Buffalo Maritime Center,” Allen said. “This project for us would actually be built by volunteers. … Our price is substantially less than a commercial yard might charge.”

Tucker said it’s hoped the boat can be built in Lockport.

“We want to do it in an open spot where people can watch and help,” the mayor said.



email: tprohaska@buffnews.com

Volunteer with style improves others’ lives

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LOCKPORT– For the last year and a half, working as a volunteer – helping older people make trips to the doctor and hair salon – has improved Suzanne Federici’s mood.

Unexpectedly, it also made her thinner.

“I’ve always been happy, but I’m happier. I’m healthier because I walk,” she said. One recent trip to the grocery store became a workout when she had to track down “powdered meringue.”

“So I have to truck on down the store, to aisle 15. So I get more exercise, and I’ve lost weight, and this is the reason because I’m always going to aisle 15. I mean, did you ever hear of powdered meringue?”

Her client used the ingredient to make the topping on a lemon pie. Baking is one of the projects she helps with as one of the “senior companions” in a program coordinated by the Health Association of Niagara Falls Inc., or HANCI. Each week, Federici drives from her home in Barker and makes four stops, in Lockport and Middleport, at the homes of four women.

“This keeps me busy all the time,” she said.

Federici, 72, retired from her career as a hairstylist a decade ago when standing for long periods gave her problems. After she had her knees operated on, she had to look for light work and new things to do with her time.

“All I was doing was sleeping. My son would call, and he would say, ‘Get out of that chair,’ ” said Federici. “He was right. That’s what I was doing, I was sitting in the chair.”

For a few weeks, she tried packing apples for an orchard until her back started to hurt. That’s when her friend suggested she apply to be a senior companion.

“So she said, ‘I have a job that I think you’ll love.’ And I do because I was a hairdresser all my life and I love people, and I missed those people,” said Federici. “We need more companions … Our case worker Nora Alion, has a list of people who need a companion.”

Tell me about the people you help now.

I have four ladies, and I go to each one of them, one day a week for four hours or longer. We enjoy ourselves. We chitchat. If they have a doctor’s appointment, we go … We usually go to lunch. Whatever they need to do. They can’t drive anymore, or maybe they’re on a walker. One lady is legally blind. So they need me for that arm support, and they need me for that companionship support.

Has anything surprising happened while you were working?

I had a lady, she just called me this morning. We were together the other day. I said, “I hate to tell you this, but your voice is changing.” She has pneumonia! She’s been in the hospital all week. We were out, and she seemed fine. I asked her to ask the doctor how long that can be coming on. She was fine when she was with me.

Everything else is fun. We go for hot chocolate at Tim Hortons. We go to Gordie Harper’s sometimes and look for the things they have for sale. I have one lady who is going to be 90 in March. Everyone else is well up in age. I make them happy, and they enjoy doing [things] and having somebody to it with.

What else do you do together?

My ladies and I made Christmas cookies together. I mixed up the batter together at home. And took it to her house. She’s not allowed to use the stove without someone being there, which is a good rule. We made cutouts, and we made mincemeat cookies. Cutouts can take quite a while, and we didn’t burn one. That made her happy and me also.

Do you get paid?

We get 33 cents for traveling, 33 cents a mile. We get about $2 an hour. This is not a get-rich job. You’re volunteering. You have to really like people and really want to do it. If you didn’t care for people, you just couldn’t do it.

Have you always lived in Barker?

I’ve been here three years. I moved from Jamestown. My son lives in Barker. I live a mile from him. I found a place to live at Barker Commons. We’re all like a family. We have birthday parties and dinners together, and it’s very nice. There are 24 apartments here. They’re mostly seniors.

I’ve had a grand life because everybody that I know has been kind. As a hairdresser, you listen to everybody’s problems. I never had any problems with any people.

I fell a lot! You get all tied up in your cords and down you go.

I really think I’m rather boring. People seem to like me for some reason. I think it’s because I’m happy, and I’m not full of dark stories.

Any other memorable client outings?

We met another lady in McDonald’s, another senior companion who was passing through there, and she stopped and sat with us. My client said to her, “If you try to take Suzanne away from me, I’ll break your arm.” And she meant it. That just happened recently. She doesn’t want anybody else, and that’s how they all feel.



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

Restaurant Review / Niagara’s biggest fish secret

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TOWN OF NIAGARA – Back in the day, they used to say that to find an area’s best home-cooked meals, you just had to follow the trucks. The drivers of the big rigs know the best places to chow down.

That advice pays when it comes to weekly fish fries, especially during Lent.

So, seeing a bunch of cars parked in an outlying, snow-covered lot one recent Friday evening, we decided to check out what all the fuss was about. What we found could quite fairly be described as Niagara’s biggest fishy secret.

The scene: a remote lot at the back entrance to the Fashion Outlets of Niagara Falls … aka, the Factory Outlet Mall. That rather nondescript building located there? The Benevolent and Protective Order of Elks Lodge #346, the home of Drew’s Famous Fish Fry.

The time: 6 p.m. Despite the swirling snow and icy conditions, the parking lot is bumper-to-bumper.

It’s high tide for the weekly, open-to-the-public fish fry put on by Drew’s Catering.

Inside, the bar area is packed, and the large seating area nears capacity. Still others are taking their selections out.

One glance at the menu tells you all you need to know. It’s the holy grail of fish, featuring varieties of baked, battered and breaded heretofore unknown to these parts. Sure, there’s the run-of-the-mill breaded and beer-battered style, but there’s also Japanese panko-breaded.

Granted, you can find plain and Cajun-baked in most joints these days. But what about Mexican? Or Mediterranean? Where can you find those choices?

But it’s not just about selection; the portion sizes are remarkable. And the sides? Too numerous to count. It’s like they’re taking value to a whole new level.

At just under $12, the fish dinners at first glance might seem a little prohibitive. But like I said, the portions are more than generous, and they don’t just scoop on some fries and call it dinner. You can have fries, if you choose, or you can have a baked potato, or you can have German potato salad.

Each meal comes with coleslaw, as well as a scoop of macaroni salad and potato salad, and a nice, fresh roll. Now that is a deal!

The only complaints we had were that they were kind of light on the seasonings, and that goes for the main dish as well as the sides. But the good thing is that you can salt and pepper to individual taste.

The baked fish was flaky and tender; the Cajun variety was lightly spiced, certainly not to the point of injecting any lightning, but OK. The Mediterranean was topped with red and green peppers, feta cheese and olives. Unfortunately, the Mexican variety was not offered during our two visits.

The beer-batter flavoring came through nicely, which is not always the case. You could definitely detect the hops and malt in the light batter.

The panko was nicely done, as well, crispy and crunchy without being overcooked. The opaque, flaky fish inside was the perfect complement to the more brittle panko.

A consensus vote gave “favorite side” honors to the coleslaw, which was in between the creamy and vinegary varieties commonly found in local fish fries. I also enjoyed the macaroni salad, once a little salt was added, as well as the “American” potato. We never did sample its German counterpart.

If fish isn’t your dish, Drew’s also offers fried-, coconut- and stuffed-shrimp dinners, along with scallops and a seafood platter. On our latest visit, a penne primavera dish was also being offered, along with other decidedly non-Lenten selections such as beef on weck, chicken fingers, shaved steak and various soups and salads.

Most of the dinner-type offerings ran in the $7-10 range. They also offer half-order fish dinners at $8.50 to $9 and a small kids menu ($5-6). Drinks were reasonably priced, with a bar tab kept separately from the food bill.

Drew’s offers an extensive catering menu at this location and appears to offer food on weeknights for club members. The Friday fish fry is open to everyone, however, and is offered from 3 to 8 p.m.

Judging from the turnouts, the word is already out. If you haven’t yet had the pleasure, it’s worth a try.



email: niagaranews@buffnews.com

Niagara County meetings and hearings this week

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The School Board will meet at 7 p.m. Monday in the district’s administrative offices, Quaker and Haight roads.The Village Board will meet for a work session at 6 p.m. Monday in Village Hall, 145 N. Fourth St.• The city Planning Board will meet at 5 p.m. Monday in the Municipal Building, One Locks Plaza.



Also this week:

• The Common Council will meet at 6 p.m. Wednesday in the Municipal Building.

• The Town Board will meet at 7:30 p.m. Wednesday in Town Hall, 6560 Dysinger Road.The School Board will meet at 7 p.m. Tuesday in the Early Childhood Center on Godfrey Road.The Town Board will meet for a work session at 7 p.m. Thursday in Town Hall, 7105 Lockport Road.The County Legislature will meet at 7 p.m. Tuesday in the County Courthouse, Park Avenue and Hawley Street, Lockport.

Also this week:

• The county Industrial Development Agency will hold public hearings on two Lockport projects Tuesday in Lockport City Hall, One Locks Plaza. At 3:45 p.m., a hearing on tax breaks for the new Lockport Cave ticket office and visitor center, and at 4 on the Flight of Five Winery to be built in Old City Hall.

• The IDA has two public hearings Wedneday in Niagara Falls City Hall, 745 Main St. The first, at 3:45 p.m., deals with tax breaks for the Maid of the Mist Corp.’s plans to refurbish the Comfort Inn.

At 4, there will be a hearing on a proposal for tax breaks for a new Courtyard by Marriott hotel.

North Tonawanda

The Common Council will meet at 6:30 p.m. Tuesday in City Hall, 216 Payne Ave. An agenda review session will be held in the city clerk-treasurer’s office at 6:15.

Also this week:

• The Planning Commission will meet at 6 p.m. Monday in City Hall.The Town Board will meet at 7 p.m. Tuesday in Town Hall, 6570 Campbell Blvd.

Also this week:

• The Planning Board will meet for a work session at 7 p.m. Thursday in Town Hall.The Planning Board will meet at 7 p.m. Thursday in Town Hall, 3265 Creek Road.The Niagara Wheatfield School Board will meet at 7 p.m. Wednesday in the Adult Learning Center at the high school, 2292 Saunders Settlement Road.The School Board will meet at 7:30 p.m. Tuesday in the middle/high school auditorium on the district’s Lake Street campus.



Also this week:

• The Town Board will hold a work session at 7 p.m. Wednesday in Town Hall, 375 Lake St.

Niagara Honor Roll / Achievers and achievements

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Niagara County Community College student Chad Szymczak was awarded a $1,000 scholarship through the Davey Foundation Arbor Grant Program, which awards 30 scholarships nationally to college students in any of the fields related to the “Green Industry,” such as: arboriculture, horticulture and forestry.

Nick King, sales representative from the Davey Tree Expert Company office in Lancaster, was on hand to present the check. This is the third time in three years an NCCC student has earned one of the Davey Foundation Arbor national scholarships.

Szymczak, of Cheektowaga, is planning a career working with the disabled using horticulture therapy.

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Army Pvt. Stephen K. Cooper has graduated from basic infantry training at Fort Benning, Columbus, Ga.

During the nine weeks of training, the soldier received training in drill and ceremonies, weapons, map reading, tactics, military courtesy, military justice, physical fitness, first aid, and Army history, core values and traditions. Additional training included development of basic combat skills and battlefield operations and tactics, and experiencing use of various weapons and weapons defenses.

He is a 2012 graduate of Starpoint High School.

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Army National Guard Pfc. Meghan E. White, Army Reserve Pvt. Dominic S. Colangelo and Army National Guard Pvt. David J. Austin have graduated from basic combat training at Fort Jackson, Columbia, S.C.

During the nine weeks of training, the soldiers studied the Army mission, history, tradition and core values, physical fitness, and received instruction and practice in basic combat skills, military weapons, chemical warfare and bayonet training, drill and ceremony, marching, rifle marksmanship, armed and unarmed combat, map reading, field tactics, military courtesy, military justice system, basic first aid, foot marches and field training exercises.

White graduated in 2008 from Starpoint High School, Colangelo graduated in 2010 from Niagara Wheatfield High School, and Austin graduated in 2011 from Niagara Falls High School.

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Niagara University’s “What’s On Your Mind?” advertising campaign garnered a silver medal in a national competition of college and university marketing materials.

Niagara’s 2012-13 advertising strategy earned the Collegiate Advertising Award among competing colleges with between 2,001 and 5,000 students.

“What’s On Your Mind?” comprised a seven-part series of 15-second commercials that addressed critical issues students face when selecting a college. The spots were formatted in a manner that began with a student voicing his or her concern before concluding with a university-related statistic that corresponded with the topic. Subjects included job placement, campus involvement, financial aid, and community service and study abroad opportunities.

“There are so many great stories here at Niagara, and it’s great to be able to communicate these through our advertising vehicles,” said Tom Burns, associate vice president for public relations, communications and marketing.

The spots were tied into online advertising campaigns on sites like Facebook, YouTube, SparkNotes and Pandora. In addition, the ads were featured prior to movie showings at Regal Cinemas throughout Western New York.

More than 700 entries from the United States and Canada were submitted in the CAA competition’s multiple categories, designed to highlight communication, marketing and advertising initiatives.

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The Niagara County Municipal Clerk’s Association inducted their new officers on Feb. 21.

They are: president, Micky Kramp, Newfane Town Clerk; vice president, Ellen Hibbard, Wilson Village Clerk; treasurer, Cindy Boyle, Hartland Town Clerk; and secretary, Marie Little, Royalton Town Clerk.



email: niagaranews@buffnews.com

From the blotter / Police calls and court cases, Feb. 19 to 26

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A Niagara Avenue man who was shot in the head in what investigators had called a drug-related shooting in December, was arrested Tuesday on felony drug possession charges.

Michael A. Lorraine, 25, was charged with third-degree criminal possession of a controlled substance with intent to sell and fourth-degree criminal possession of a controlled substance.

Investigators armed with a search warrant on Tuesday morning said Lorraine, who recently had surgery on his leg, had stashed nine grams of crack cocaine in his leg cast. Lorraine told police in December that two unidentified men approached his car and shot at him while at the intersection of Highland and Calumet avenues. He was able to drive himself to the hospital after being grazed in the head and was transferred to Erie County Medical Center for treatment.

Investigators said Lorraine had been under investigation for some time and has had numerous drug-related arrests in the past.

Ramone A. Westbrook, no age available, of Whitney Avenue was charged by narcotics investigators with unlawful possession of marijuana. Westbrook was stopped after he was seen driving and then dropping Lorraine off at his house.

• Two men were charged in connection with the theft of more than $12,000 worth of electronics from a Pine Avenue jewelry and electronics store.

Jamarius D. Scott, 21, of Linwood Avenue and Xavier T. Faura, 18, Portage Road, were charged with third-degree burglary, third-degree grand larceny and second-degree criminal mischief.

A third man is being sought for his role in the thefts, according to Niagara Falls detectives.

Witnesses told police they saw two men use a hammer to shatter a window at the NYC Jewelry and Electronics Outlet in the 1600 block of Pine Avenue just after 3 a.m. Sunday. The men were seen fleeing and running behind buildings. Police tracked footprints in the snow to an apartment building but were unable to locate the suspects.

Police said two laptops and five cellphones were stolen from the store.A Niagara Falls man could be sentenced to as long as 12 years in state prison after being ejected from the judicial diversion program of court-supervised drug treatment by Niagara County Judge Sara Sheldon Farkas.

James W. Jones, 48, of 15th Street, was accused by drug court staff of trying to use the diversion program only as a means of staying out of prison, not to stop using drugs. He tested positive for narcotics several times since Farkas placed him in the program last July.

Jones, a six-time felon, had pleaded guilty to third-degree criminal possession of a controlled substance for having crack cocaine in his pocket when his parole officer visited him Jan. 18, 2012. He is being held without bail pending sentencing April 17.

• A Niagara Falls man was arraigned in Niagara County Court on charges of burglarizing a vacant house in that city Nov. 28, and his brother is to be arraigned Friday on the same charges.

Emanuel L. Rogers, 31, formerly of Maple Street, Buffalo, pleaded not guilty to third-degree burglary, third-degree criminal mischief, attempted petit larceny and possession of burglary tools. County Judge Sara Sheldon Farkas jailed him in lieu of $5,000 bail.

Malique L. Rogers, 37, of Cudaback Avenue in the Falls, is to appear before Farkas today.

Assistant District Attorney Joseph A. Scalzo said a nearby resident called police Nov. 28 after seeing two men stacking pipes, a sink, a car jack and other metal objects in an alley behind a Fourth Street house, owned by the city because of a tax foreclosure. Scalzo said Emanuel Rogers was inside when police arrived and tried to jump out an upstairs window, but was pulled back in by an officer.A Buffalo couple told police that property was stolen from their rental car overnight while it was in the valet parking lot at the Seneca Niagara Casino hotel.

A cellphone and a pair of prescription eyeglasses were taken from the vehicle sometime between 11 p.m. Thursday and 11 a.m. Friday, police said, resulting in a loss of $285. Valet parking employees told police the car may have been left unlocked.A burglar stole $480 in cash after breaking into a 19th Street apartment overnight, Niagara Falls police said.

The female resident told police that someone entered the apartment via a side window sometime between 5 p.m. Friday and 12:40 a.m. Saturday. In addition to the money, which was taken from a bedroom, a pair of cellphones were taken from a living room area. Total loss was estimated in the neighborhood of $700.An Ohio couple was robbed of $100 cash while drinking at Legends Bar & Grill on First Street, Niagara Falls police said.

The wife told police that she had two $50 bills in her purse when she went to the bar shortly after midnight, and that she kept her purse on the bar near her for the next hour, leaving it only momentarily to check on a lottery ticket. Upon returning to her hotel room around 1:30 a.m. she discovered the money had been removed from the purse.An 81-year-old Wheatfield man said his Sears Mastercard was used to make just over $300 in unauthorized purchases from stores where he never had shopped.

The victim told Niagara County sheriff’s deputies that he never lost possession of his card. He said he believes that the account may have been compromised online.

He said he noticed charges on his card to Sports Authority, Stop and Shop and Waldbaum’s but had never purchased anything from these stores.A Grand Island man will not go to jail for his guilty plea to driving while intoxicated in North Tonawanda.

Niagara County Judge Matthew J. Murphy III 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.

• 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.

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.

Community garden seeds being planted in Lockport by nonprofit group Imagine

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LOCKPORT – An Erie County group with big ideas about how gardening could help Lockport’s most run-down neighborhood may get a chance to put its plans into practice soon.

Imagine Community Gardens is seeking to convert three vacant lots on Washburn Street into public gardens this spring.

The city Zoning Board of Appeals granted the variances for the plan Tuesday.

The city Planning Board will consider the project Monday, and the Common Council may vote at Wednesday’s meeting to call a public hearing on a special-use permit, which would likely be held at the March 20 meeting.

Imagine is a nonprofit organization that chose Lockport for its pilot project because some of its members are also members of the Chapel at CrossPoint, the Amherst megachurch whose Lockport branch holds Sunday services in the Historic Palace Theatre.

Both Chapels are involved in the project to the extent of having some members claim space in the gardens, working last month alongside residents of the Lockport neighborhood designated as a high-crime Impact Zone by Mayor Michael W. Tucker.

The founder of Imagine, Robert J. Zima of East Amherst, is a Chapel member.

“We’re a company that wants to connect suburban churches to city churches,” said Zima, who lived in Lockport for 25 years.

“We only happen to be using our contacts,” said gardening expert Richard M. Tedeschi of Buffalo, owner of Jacrist Gardening Services of Clarence.

Imagine has signed purchase contracts on three adjoining lots on the west side of Washburn Street, numbered 221, 225 and 227, near the Harrison Place business complex, according to Imagine’s attorney, Thomas H. Brandt.

One is owned by the city, one by a Toronto woman and the third by Donald G. Kaufman, who also owns the Washburn Street Meat Market across the street.

Kaufman said that he bought 221 Washburn as a parking lot for his business but that he paved only half of the 40-by-90-foot lot. Now he will sell the unpaved half to Imagine.

He said he’s in favor of “anything that can help that neighborhood, spruce up that corner. They’ve been cracking down in that whole area with the Imapct Zone, and it’s working. This is going to be a big help to that neighborhood and to the city.”

“You’re going into an area that is challenged, to say the least. I’m worried about security,” said Allan W. Jack of the Zoning Board.

Tedeschi, a Chapel at CrossPoint member, said that a 4-foot-high chain-link fence will surround the garden, mainly to keep animals out.

The plan includes the construction of a 40-square-foot toolshed, Brandt said.

Zima said there will be 25 garden plots in all, measuring 4 by 12 feet: 15 for residents of Washburn Street, Evans Street and Elmwood Avenue, and 10 for Chapel members, half from the Lockport branch and the other half from Lockport residents who attend the Amherst location.

The plots will be subdivided into groupings of five, where three local families and two church families will presumably meet and bond over gardening.

“We want them to take ownership. This is their garden,” Zima said. But Imagine will provide all the seeds and seedlings for free, and pay the insurance and other costs, such as providing a drip irrigation system. In all, about $35,000 is being invested in the project, Zima said.

Tedeschi said he has created three gardening themes of flowers, vegetables and herbs.

Working with a Niagara County master gardener to be lined up by Cornell Cooperative Extension agent John A. Farfaglia, growers will use organic fertilizers and high-yield varieties to be chosen by Tedeschi.

Organic topsoil is being donated by C.J. Krantz of Clarence, and Dawn E. Trippie of Thompson Bros., another Clarence business, will provide the plants, Tedeschi said.

The gardens will be planted in raised beds a foot above the actual ground level. Tedeschi said the specially chosen plants and soil should produce consistent results.

Barbara Clawson-Cole of Buffalo, executive director of Imagine, said the not-for-profit group has notions of creating other gardens in 2014.

Zima said that there might be another in Lockport, one in Niagara Falls and three in Erie County.

Clawson-Cole said Imagine intends to work with Greenprint, a Niagara University group that she said has been given five acres of vacant lots in Niagara Falls by the city.

Imagine also will look for churches to partner with in the communities where it expands.

In Lockport, Imagine teams will go door-to-door in April to look for Impact Zone families who want to garden.

“The participants have to agree to give 10 percent [of the produce] back to the community,” Zima said. Applicants who miss out on being among the 15 families chosen for garden plots will receive the “first fruits,” he said.

The gardeners also will be offered instruction in how to properly cook and preserve veggies, workshops that also will be open to the general public, Zima said.

“Community gardens are huge all over the nation. It reduces crime,” Zima said. And they also address the issue of a lack of fresh produce in stores in poor urban areas.

“I live in that area,” Jack said, “dnd I’m really excited by it.”



email: tprohaska@buffnews.com

Keepsake coin to honor Tuscaroras, raise funds for monument

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Two centuries after the British advanced on Lewiston and burned it during the War of 1812, there are undoubtedly descendants of some of those villagers who are alive today because courageous Tuscarora tribesmen led their ancestors to safety into the early 19th-century wilderness of Niagara County.

It was that act by the “Tuscarora Heroes” that is being commemorated in a recently minted “good luck” keepsake coin that the Lewiston Museum is offering to the public in advance of this year’s wider official village bicentennial ceremony to be held Dec. 19.

The 2-inch coin depicts two Tuscarora warriors aiding a female villager with child away from the British attackers in 3-D relief on the front and the emblem of the Tuscarora Nation on the reverse. The Nation’s emblem shows native symbols of the turtle, Northern White Pine tree and an eagle across the face of the sun along with a six-striped belt overlaying a totem pole to represent each nation in the Iroquois Confederacy. The coins are available for $10 each.

Lee Simonson, a volunteer and the 1812 Bicentennial director for the Historical Association of Lewiston, said all proceeds from the coins’ sales will go the Tuscarora Heroes Monument project, which he called “the largest War of 1812 bicentennial monument project in the United States.” It will be unveiled Dec. 19.

“We’re building awareness and building excitement in Lewiston,” he said.

The coin – as well as the planned bicentennial celebration – are designed to remind area residents that, although many in the Iroquois Confederacy sided with the British during the war, the Tuscaroras broke ranks with their blood-brothers to help out their white neighbors in Lewiston – a move for which they themselves paid a heavy price, Simonson added.

“The Tuscarora Nation, who had sided with the United States in the War of 1812, [was] one of the few tribes who did,” said Simonson. “And they have never been thanked.”

It was Dec. 19, 1813, when British troops invaded the United States, capturing Fort Niagara without firing a shot. Then, hundreds of troops marched to Lewiston to burn the village. At least a dozen residents were killed in the siege, but the death toll would have been much higher if not for the Tuscaroras’ stalling the British attackers just long enough for many Lewistonians to escape eastward along what is now Ridge Road.

“They did come up with an ingenious, spur-of-the-moment plan to halt the attack long enough to give the impression there was a large enough force ready to counterattack,” said Simonson, who said the Tuscaroras were outnumbered 30-to-1. “It was all bluff and bluster, but it stopped the British in their tracks and gave the people of Lewiston a few minutes’ head start.”

The British troops burned Lewiston. Then those natives allied with the Crown became so “infuriated” with the Tuscaroras’ actions that they burned down the Tuscarora villages after Lewiston was set ablaze.

“They were as lost and homeless as Lewistonians were,” said Simonson. “The Tuscaroras were defending white people against their own blood brothers, the Mohawks, who were part of the Iroquois Confederacy.”

Ten days after Lewiston, the village of Buffalo was burned by the British.

The bicentennial events in Lewiston are designed to “thank the Tuscaroras for their bravery and for saving dozens of our citizens,” said Simonson.

The monument to be unveiled at the Dec. 19 event will be a larger-than-life bronze representation by Sue Geissler, a Lewiston-Porter alumna who now lives in Youngstown. Geissler is putting the finishing touches on a 7-foot-high clay enlargement, which will be shipped to Colorado in the coming weeks to be cast in bronze.

Commissioned by the Lewiston Museum, the monument will show the Tuscarora men leading the female villager and her child to safety as it is depicted on the coin. It will be installed at Center Street and Portage Road in Lewiston at the same geographical location where the events actually happened in 1813, said Simonson.

There will also be a plaque installed there with the names of heroes and known victims in the burning of Lewiston.

Many of the details of that night’s events were preserved through the work of Elias Johnson, a 19th-century Tuscarora chief and author who published a book on Tuscarora history in 1881. In it, Johnson documents earlier conversations he had with Tuscarora men who had participated in the 1813 action and provided him “firsthand, eyewitness accounts.”

One of Johnson’s quotes in his book – “May our chain of friendship be brighter and brighter as time rolls on” – is also represented on the reverse of the commemorative “Tuscarora Heroes” coin.

To order the coin, contact the Lewiston Museum at 754-4214. The coins can be paid for over the phone and shipped for an additional $4 fee or picked up at the Plain Street museum. Checks may also be made payable to the “Historical Association of Lewiston Inc.” and sent to the museum at 469 Plain St., Lewiston, NY 14092.



email: tpignataro@buffnews.com

Trying to solve an identity crisis, forum will focus on Main Street in Falls

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NIAGARA FALLS – When Tom Lowe and Matt Green think of Main Street, they don’t see the image of a ghost town. They see excited residents, busy stores and a bustling commercial strip.

That vision exists only in the faded photographs of past generations – but Lowe and Green are determined to resurrect it for their own.

“I’m 22, and I have friends who have no idea what was there,” said Green, a University at Buffalo student in the School of Architecture and Planning. “I see what it was like, and I see what it is now.”

That latter reality – what it is now – is perhaps the main obstacle to reinvigorating a shopping district that in recent decades has been left for dead.

But Green, a Niagara Falls native, and a group of other young city residents see the vacant buildings as a “blank canvas” upon which to build a new identity. They’re asking others to join them in the task.

In conjunction with Lowe and the Niagara University community outreach office – recently relocated to lower Main Street – Green and other activists will host a Main Street Symposium from noon to 4 p.m. Saturday.

The event, hosted at the Rapids Theatre, 1711 Main St., and other Main Street stops, is free and open to the public and will serve as a kind of brainstorming session for city residents, business owners and other stakeholders.

To highlight the symposium, the activists are bringing in two big names in urban planning to give their thoughts on what ails Main Street and how it might be fixed.

Chuck D’Aprix, who heads a Washington, D.C., economic-development firm, will present strategies for long-term economic development. He previously led development efforts in Massachusetts and California. He is known for his emphasis on building and nurturing entrepreneurs as a way to revitalize downtown commercial districts.

Mike Lydon, who is nationally known for his unconventional approach to urban planning through citizen activism, will speak about short-term development strategies.

Frustration has been building of late among area business associations because much of Main Street’s commercial real estate sits undeveloped in the hands of a few investors.

That’s what makes the short-term solutions especially appealing, said Lowe, program coordinator for the ReNU Niagara outreach program.

Lydon – in his popular “Tactical Urbanism” plan – encourages residents to create community gardens, bike paths and other quality-of life improvements as a way of building enthusiasm for a place largely devoid of real investment.

Green believes that those small steps – driven by community activists, not government leaders – will spur more long-term investment that Main Street desperately needs.

“It doesn’t take a lot of money to create hope,” Green said. “It just takes a lot of people out there doing something to create a fuller community, and that momentum creates change.”

Green and Lowe know the magnitude of the task at hand, and they aren’t promising any quick fixes for a Main Street lined with vacant buildings and blighted lots.

But they believe that more citizen involvement – coupled with investments such as the Rapids Theatre project, plans to remove the Robert Moses Parkway and the historic character of Main Street’s buildings – is the logical place to start.

“Call it naïve optimism,” Lowe said, “but we see a real challenge there, a real unique opportunity.”

Community activists from across the region will give workshops on historic preservation and park development, and Niagara Falls Community Development Director Seth A. Piccirillo will talk about strategies for salvaging vacant buildings.

But the most important part of the symposium will be informal discussions that take place among residents, businesspeople and officials, Green said.

“There’s community-building in all this,” he said. “There are people coming together, neighbors, who normally wouldn’t talk to each other. If you show them what they are capable of doing, then they might just start doing it.”

For more about the symposium, and to RSVP, visit main streetsymposium2013.weebly .com.



email: cspecht@buffnews.com

Gun buybacks a success in Lockport and Niagara Falls

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More than 300 guns were taken off the streets at gun buybacks in the cities of Lockport and Niagara Falls, as residents lined up at both sites to participate.

Leaders from both cities said they were pleased with the results for the first-time event for both cities. Both Niagara Falls and Lockport coordinated their events and held them at the same time last weekend.

“I wasn’t expecting this volume. We got 180 guns, and two-thirds of them were pistols, which is kind of surprising,” said Lockport Police Chief Lawrence M. Eggert.

In Lockport, police also took in 75 pounds of unwanted prescription drugs and a large amount of ammunition.

“We got a lot … off the street that now we won’t have to deal with – guns that won’t get lost or stolen,” Eggert said.

Eggert said one person did not have permits for any of the seven handguns she turned in. She said most were left behind by family members and she just wanted to get rid of them.

“The bottom line is let’s say this woman’s house was burglarized and someone took all her guns. Those are seven or eight guns that would be on the street that we would have to deal with. So every gun you get off the street is a plus,” Eggert said.

In Lockport, the city used $11,265 in drug seizure money to buy back 117 handguns and 61 long guns. More than 100 free gun locks were distributed and about 5,000 rounds of ammunition were collected.

In Niagara Falls, part of a state grant aimed at eliminating gun violence was used to buy back 95 pistols and 55 long guns. Only two of the guns were non-functioning. Niagara Falls also handed out gun locks and collected ammunition.

“I thought the gun buyback was an overwhelming success,” said Niagara Falls Police Superintendent E. Bryan DalPorto. “It did exactly what we intended to do. We provided an outlet for people to bring in their firearms that they no longer wanted or needed and got an overwhelming response.

“The one thing we know for sure is that nobody is going to be hurt with an unwanted gun they got off the street,” he said.

He said police did advise people with more expensive guns how to sell them at a gun store – and two people did take back guns to sell – but most said they no longer needed the guns and just wanted to get rid of them.

DalPorto said he would like to see the gun buyback become an annual event and plans to revisit the idea.

“We’ve definitely shown there is value in the program,” DalPorto said. “The thing to remember though is this is just part of a larger initiative to end gun violence in Niagara Falls and we are kicking the other components into effect now.”

Niagara Falls Mayor Paul A. Dyster agreed, saying that gun buybacks aren’t a “silver bullet” that’s going to end gun violence. However he said he was encouraged by the enthusiasm of the public during the buyback.

“A large number of participants were people who ended up with guns in their house that they had no use for and were very thankful for a way to get rid of the guns so they couldn’t be used in a commission of a crime,” Dyster said.

Lockport Mayor Michael W. Tucker said he expected people would just be trying to get rid of guns that didn’t work, but said nearly 90 percent were working guns.

“I had some elderly people call me who had guns laying around and didn’t know what to do with them. So this was a good opportunity for them,” Tucker said. “When we started, there was a line out the door.”

Dyster said, “A gun may be in the hands of a law-abiding person today, but where a person has no use for it, the gun can be in the hands of a criminal tomorrow.”

None of the collected guns will be saved or resold, according to Eggert and DalPorto. Eggert said police will catalog each gun and note its serial number, and that any guns that are found to have been stolen will be returned to their rightful owners.



email: nfischer@buffnews.com

Cigarette distributors face lawsuit from state

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ALBANY – The state’s attorney general is stepping up efforts to combat the movement of tax-free cigarettes from Indian-owned companies in Canada to New York tribes, including the Seneca Nation of Indians.

Attorney General Eric T. Schneiderman is expected to file a lawsuit Monday morning targeting a cigarette plant on the Six Nations of the Grand River Indian reservation near Hamilton, Ont., and a Seneca businessman working with the Canadian operation to sell billions of tax-free cigarettes marketed under the “Seneca” brand name, The Buffalo News has learned.

The state’s top lawyer wants the tax-free sales into New York halted, and tens of millions of dollars in penalties may be at stake. The lawsuit seeks to further reduce supplies of tax-free cigarettes by cutting off out-of-state supplies.

Schneiderman’s move against the cross-border cigarette operation comes a couple of months after he went to court seeking to stop a similar tax-free cigarette distribution operation by a company operating from a reservation in the state of Washington.

The Indian-owned companies that Schneiderman is expected to target Monday were the subject of an investigative report by The Buffalo News in 2009. That report found cigarettes made at the Ontario plant, including the Seneca brand cigarette, were sold through a complex distribution network of tax-free outlets.

Health officials raised concerns at the time that the Seneca brand was manufactured in violation of the state’s self-extinguishing law designed to reduce cigarette-caused fires and that Roswell Park Cancer Institute scientists worried about evidence of two metallic elements found in the cigarette’s tobacco.

The Seneca brand cigarettes, The News previously reported, were sold to tribes in New York, and also made their way out West through a trucking network that included stops on the Seneca reservations, at a Las Vegas warehouse and then to a California tribe.

Schneiderman, in a lawsuit to be filed in federal court in Brooklyn, is seeking to shut down the tax-free sales by Grand River Enterprises near Hamilton to the Native Wholesale Supply, owned by Arthur Montour. The Buffalo News phoned both companies seeking comment but there was no response.

The two companies acted in a “joint scheme” and during one recent eight-month period ending last July moved at least 687 million Seneca brand cigarettes onto the tax-free tobacco market, the suit will claim. The sales to Montour’s company totaled $85 million, which should have resulted in the state collecting $13 million in taxes, Schneiderman’s lawsuit will argue.

Montour runs Native Wholesale Supply from its Perrysburg base, but the company is legally incorporated through the Sac and Fox Nation in Oklahoma. Montour in 2011 filed for bankruptcy protection after a court said his firm was responsible for potentially tens of millions of dollars in federal tobacco assessments.

In New York, the Seneca brand is sold at small smoke shops on several Indian reservations in Western New York as well as the Oneida Indian Nation’s Turning Stone casino in Central New York.

Schneiderman’s new lawsuit comes after a relatively quiet period in the state’s cigarette tax battles with Indian tribes. The state in 2010 ended its forbearance policy towards tax-free cigarette sales by Indian retailers, despite laws that ban such trade. In June 2011, a court battle over that forbearance policy ended and New York began to enforce the law by requiring wholesalers to pay up-front excise taxes of $4.35 per pack.

But the Cuomo administration only applied the tax collection policy toward brand-name cigarettes and not the increasing number of cigarettes made by Native Americans on Indian reservations.

In December, Schneiderman sued King Mountain Tobacco, a firm on the Yakama Nation Tribe reservation in Washington. The legal claims of that case and much of the wording in the legal filing are the same as the lawsuit being filed Monday in Brooklyn against the Seneca businessman and the Ontario company.

The Indian cigarettes, sold for one-third or less the price of taxable cigarettes, cost the state money in lost taxes and take a health toll on smokers, especially teens who are also attracted to the cheaper prices.

The attorney general, in the court filing, will note that Ontario’s Grand River Enterprises knew its products were going to be sold in New York because it applied in July 2012 – three years after the Buffalo News article noting its products violated fire-safety laws – to the Department of State in Albany to say its products were now in compliance with the New York statute.

The Seneca brand distribution network violates various state and federal laws, the lawsuit contends. The suit says investigators from Schneiderman’s office in November seized Seneca cigarettes without tax stamps from a shop on the Poospatuk Reservation on Long Island. Another raid by federal agents occurred at the Skydancer smoke shop in Seneca Falls in January; that raid found 3 million unstamped Seneca brand cigarettes in the store.

The 2009 Buffalo News article noted that some industry executives estimated the Seneca brand sales could total 10 billion cigarettes a year.

Besides the two companies and Montour, the new Schneiderman lawsuit will be filed against Grand River’s principals – Jerry Montour, a member of the Wahta Mohawk tribe and no relation to Arthur Montour, and Kenneth Hill, a member of the Lower Mohawk tribe and a shareholder of the Ontario firm.



email: tprecious@buffnews.com

Canadian casinos offer lesson for New York

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NIAGARA FALLS, Ont. – Casino gambling made this city a boomtown, spurring hotels, restaurants and all the draws of a teeming tourism capital.

But the glitzy casinos that tower over Niagara Falls are now struggling to survive, threatened on all sides by a perfect storm of competition and changing times that has put their gambling monopoly to an end.

The future of the Canadian casinos could alter the tourism landscape in Niagara Falls – and pose a cautionary tale as New York State considers adding even more casinos to upstate New York.

“We’re getting beaten up on all sides,” said Jim Diodati, the mayor of Niagara Falls, Ont. “It’s very, very frustrating.”

What a fall it has been for Canada.

Profits from Canadian gambling facilities close to the U.S. border have dropped from $800 million to $100 million over the last decade.

And at resort casinos like the Fallsview and Casino Niagara in the Falls – built in the last 20 years – profits have dropped by more than $600 million alone.

No one factor is to blame for the decline, officials say.

But a series of unrelated factors has teamed up to hobble the casinos that once signified the city’s success.

Most obvious is the Seneca Niagara Casino on the American side, which has cut into Canada’s competition since the day it opened in 2002.

By that point, Canada’s Casino Niagara already had a six-year head start on attracting gamblers to its poker tables.

But the Senecas have used their tax-free advantages – and steady profits – to entice gamblers with free drinks and generous discounts at their 26-story hotel.

And for those guests who choose to get a room on the more developed Canadian side, the Senecas offer a $50 gambling voucher to draw them across the border.

“Seneca casinos are coming into our own backyard,” Diodati said, “and beating us at our own game.”

There’s one more factor: Senior citizen gamblers love the Seneca casino because you can light up a cigarette while playing the slots.But the Senecas aren’t the only reason the Canadian casinos are reeling.

The events of Sept. 11 took an international border that was relatively loose and tightened it considerably. Since then, a passport or enhanced license are needed for every trip to Canada.

Even worse for business was the sinking value of the U.S. dollar and the rising power of the Canadian dollar. The loonie was worth just 62 cents American when the Seneca casino was built but now is close to par.

The change has been great for Buffalo, with Canadians rushing to get the hottest deal each weekend at area malls and outlet stores.

But for each Ontario license spotted at the Walden Galleria, there’s an American counterpart who doesn’t bother to make the trip to Niagara Falls, Ont.

“That’s been a huge factor, especially for the day-trippers and people coming to the casino and the other attractions on this side of the border,” said former mayor Wayne Thomson.

The American casino has sucked profits from Canada for more than a decade, but one of Casino Niagara’s most threatening competitors lies a few blocks away.

Fallsview Casino Resort was opened in 2004 as the second Canadian Niagara Falls casino. Its resort hotel and performance venue distinguish it from Casino Niagara, which only features gambling and dining.

Business owners say the province has essentially neglected the first casino, with one saying he’s “surprised that it’s still open.”

It may not be for long.Ontario is considering shuttering Casino Niagara – and other sites – in favor of a new casino in greater Toronto.

Diodati is fighting that move on the grounds that it would jeopardize the 4,700 casino jobs in Niagara Falls and possibly the city’s entire tourism economy.

“Any negative effect on the casinos sends a negative message to the businesses that set up on the periphery of the casinos in Niagara Falls,” he said. “They’re woven into the fabric of the tourism community – the hotels, restaurants are all tied together.”

That includes 30 high-rise developments that have crowded the property around the falls since the casinos were built, Thomson said.

Top government officials should remember the pre-casino days, he said, when Niagara Falls, Ont., looked a lot like Niagara Falls, N.Y.

“The community was in a recession, tourism was in decline, and there were absolutely no high-rise developments in the Fallsview area,” he said.

Business owners around Casino Niagara say they aren’t worried about the possible closure of the casino as long as the Fallsview stays open.

But if both were to close, they said the winter tourism component supported by gambling and the city’s two massive indoor waterparks would disappear.

“It used to be Sept. 1, and that was it” for tourists, said Steve Roussell, who manages a restaurant near Casino Niagara. “Now we’re a 12-month city.”

The signs already look ominous for Niagara Falls.The government recently sliced the assessment of the two casino properties by more than half because of speculation that one or more of the casinos could close.

Casino Niagara’s taxable value – more than $130 million just five years ago – has been reduced to $36 million. The Fallsview land – valued at more than $560 million – has been reduced to less than $300 million, causing budget problems for the city.

“It is, in my opinion, unrealistic and unfair to the citizens of Niagara Falls,” said Thomson, the former mayor. “It has put a huge financial burden on the taxpayers for municipal operations.”

Some Canadian lawmakers see new, more profitable casinos as a way to help bridge a multi-billion-dollar budget gap.

The province says the decision is pure economics.

Gambling officials point to a stagnant yearly payout to municipalities – $2 billion – as proof that the gambling system needs to be reconfigured to grow.

They believe that number could be increased by rearranging where Ontario’s 33 existing slot facilities are located.

“The old philosophy was to build a casino and they will come,” said Diodati, the current mayor. “Now, it’s ‘build it where they already are.’ ”Too many gambling sites are operating across the province, and many are in the wrong areas, gambling officials acknowledge.

There was “too much production in that area,” Ontario Lottery and Gaming spokesman Tony Bitonti said. “We’ve dealt with an overabundance of gaming.”

Some believe New York could encounter the same problem, now that Gov. Andrew M. Cuomo proposes at least three new casinos in upstate New York and possibly another in Niagara Falls.

Counting racetrack casinos and Indian casinos, New York now offers 17 casinos, and another 39 function in adjacent states, Cuomo said last month in Buffalo.

“The analysis and history shows that upstate New York presents a good market for casinos, including the Western New York region, and that taking advantage of this opportunity will help us bring much-needed jobs upstate,” Cuomo spokesman Matt Wing said.

But a new report has found that New York’s three Indian tribes with gambling halls saw a nearly 3 percent overall drop in revenues in 2011 at the same time tribes nationwide saw a 3 percent revenue increase.

Some believe those figures – coupled with Canada’s current troubles – should serve as a warning sign to New York.

“There’s only so many slices in a pie, and every time you take a slice out, it takes away from the whole picture,” Thomson said. “It’s just spreading revenues out and taking away from the overall picture. I think it’s a big mistake.”



email: cspecht@buffnews.com

Parents seek aid for prescription drug addicts

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ALBANY – When advocates get their way on an issue at the state Capitol, they usually disappear, quietly and happily.

Not so with a group of Buffalo parents who helped lead the political push in Albany last year to get a law enacted that cracks down on liberal dispensing of prescription painkillers that can be highly addictive.

Now, this same group of parents is back at the Capitol, saying the Cuomo administration is failing follow through on the second phase of their effort to combat prescription drug abuse: expanded drug treatment.

“While this was a wonderful law, they’re dropping the ball and leaving thousands fighting for their lives,” said Patricia McDonald, a Buffalo resident whose daughter, Adrianne, died two years ago from a heroin overdose following what she believes was an addiction to potent prescription painkillers.

With much fanfare, Cuomo and lawmakers last year approved the Internet System for Tracking Over-Prescribing Act, or I-STOP. Key provisions kick in later this year, including “real time” tracking of painkiller prescriptions to prevent overdispensing.

At Cuomo’s side were several parents, most from the Buffalo area and Long Island, whose tragic stories involving their dead or addicted children became the plot lines to help get the law approved.

Though happy then that the new law was approved, many of those same parents today are seething.

“When I-STOP passed, it seems like the support from the governor’s office stopped,” said Avi Israel, who was one of the central lobbying forces to get the law approved. His son, Michael, 20, killed himself in the family’s North Buffalo home in the midst of an addiction to painkillers.

The administration disputes these claims and says it is taking a proactive approach to deal with drug addiction. Moreover, it believes there are enough treatment slots to meet the demand.

Some providers and these parents dispute that claim.

Treatment officials talk of long waiting lists to get into residential facilities, which some say is often needed to break an opiate addiction. One facility in Buffalo has up to 70 people at a time on a wait list.

Several parents contacted The Buffalo News after a recent article about the effects I-STOP has had on curbing prescription drug abuse to say they had to travel as far away as Florida to find available beds for their addicted relatives and friends.

Some area parents who helped lobby for I-STOP were at the Capitol a week ago to drum up support for additional treatment options. They talked of a meeting they attended last August at the Capitol – after I-STOP’s passage – to begin a push for more treatment beds.

Gov. Andrew Cuomo’s chief health adviser, James Introne, showed little support, they complained.

“He said we were wasting his time,” said Cheryl Placek, a Niagara Falls woman whose son, Daniel, a 28-year-old Navy veteran, committed suicide while addicted to prescription painkillers. Her comments were backed up by Israel and McDonald, who both attended the meeting.

The Cuomo administration strongly disputes that Introne, a veteran health care expert whose first top state job in the field was during the administration of Gov. Hugh Carey, was disrespectful to the group of parents.

Asked why they were speaking out now about a meeting that happened six months ago, Placek, McDonald and Israel said it was because they had hoped the Cuomo administration would address their concerns.

“What made us stay silent was the hope the state was going to do something,” Israel said.

The parents, who have no direct stake in the effort because their addicted children have died, are grateful the administration is adding 25 treatment beds apiece for the Buffalo area and Long Island. And 100 new beds are coming next year for veterans, 25 in Niagara County. But advocates in Western New York say it is not enough.

Addiction experts have differences over treatment. Many physicians believe opiate replacement therapy – with such drugs as buprenorphine – offer far better results than residential treatment and other counseling therapies that they say have high relapse rates.

Federal data shows New York had the second highest number of people – 123,000 – behind California in addiction treatment facilities in 2011, the state officials point out. And New York had the highest percentage of opioid treatment programs, methadone clients and people using buprenorphine, they added.

A Cuomo administration group working on the issue has identified several barriers to more treatment beds, including lack of providers and costs. That group believes that goals will include access to methadone and buprenorphine and expanded treatment in office-based settings, which will be a better option to people in rural areas.

The state is now requiring medical directors in its addiction treatment system be authorized to prescribe buprenorphine and that new medical directors coming into the system be board-certified in addiction medicine.

But at a state budget hearing last week, lawmakers raised concerns about rising opiate addictions and treatment options.

“What I’m suggesting is not enough money is in the budget to handle the explosion of opiate addiction in New York State. Why is that?” Assembly Alcoholism and Drug Abuse Committee Chairman Steven Cymbrowitz, a Brooklyn Democrat, asked one of Cuomo’s point persons on drug treatment.

“Assemblyman,” responded Sean Byrne, executive deputy commissioner at the Office of Alcoholism and Substance Abuse Services, “we currently believe we have sufficient funds to respond to the demands we are seeing.”

“So you will be able to eliminate the explosion of opiate abuse?” the lawmaker asked.

“Stopping the proliferation of the circulation of illegal drugs is not something that’s directly in control of OASAS. That’s something that’s more appropriately the function of policing agencies,” Byrne said.

“So,” the lawmaker asked, “there is enough money for treatment services to all those with opiate addictions?”

“Yes, sir. Yes, sir,” Byrne responded.

In later questioning, Sen. Tim Kennedy, a Buffalo Democrat, told Byrne that his own agency’s statistics show that only 16 percent of the residential treatment needs in Western New York are being met, while in New York City, 111 percent of the need is met because of an overabundance of beds.

Byrne disputed that there is a shortage in Western New York, or anywhere in the state.

As of last week, he said, the treatment system had available beds for any addicts in need. Officials Friday said the statewide drug treatment system has an 82 percent utilization bed rate on most days, meaning as many as 1,000 “intensive resident beds” are available.

But providers in Western New York say there is a shortage, and that state officials have told them to send people in need to unused facilities in New York City – a route they say is therapeutically unworkable if families are to be involved over the months of treatment.

“You’ll always hear providers say we can do more with more,” Byrne told Kennedy during the hearing.

Kennedy called the official’s answer “a play on numbers.”

Prescriptions for hydrocodone, a painkiller, in Erie County were more than triple that of any other controlled drug between 2008 and 2010, according to the state Office on Alcohol and Substance Abuse Services.

In the four years ending in 2011, noncrisis admissions to drug treatment providers for prescription opioids rose 74 percent to 1,462 cases. Three-quarters were for people age 35 and under.

“This is a problem that’s not going away. This is a problem that’s going to be magnified as I-STOP is implemented and there is more of a need for this addiction services,” Kennedy told the Cuomo official last week.



email: tprecious@buffnews.com

Both longtime and new officers honored at Niagara Falls Police Awards

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NIAGARA FALLS – Niagara Falls Police officers were honored for heroism, service and dedication to police work during the recent annual Police Awards Ceremony.

Capt. John DeMarco, who has served for the past 10 years as deputy superintendent of police and has been a member of the department for more than 30 years, was one of five recipients of the Chief’s Award, along with Capt. Salvatore Pino, Capt. David LeGault, Lt. David Kok and attorney Bernard Stack.

DeMarco, who manages day-to-day operations, was considered the “go-to guy” for special projects including daredevil Nik Wallenda’s high-wire walk above the falls, terrorist training seminars and the overhaul of the communication system.

Pino, who serves as commander of the department’s Traffic Division, coordinated multiple agencies for the Wallenda walk.

LeGault and Kok, the commander and deputy commander, respectively, of the department’s Emergency Response Team, conducted more than 100 drug raids, dealt with armed standoffs and provided security for undercover details.

Stack, legal adviser for more than 16 years, was praised for his counsel, especially in the area of search and seizure.

Other awards include:

• Combat Cross, for individual acts of heroism when confronting an armed adversary – Police Superintendent E. Bryan DalPorto, for his service as a lieutenant in the Narcotics Investigation Bureau, and narcotics Detective John Galie.

•Distinguished Senior Officer – Michael Drake, a 12-year veteran assigned to the department’s Traffic Division.

• Outstanding Detective – John Conti, a member of the department’s Criminal Investigation Bureau.

•Leo Maj Memorial, overall excellence for a uniformed officer – David Cudahy, a member since 1990.

• Distinguished Junior Officer – Shaun Bielec, who joined the department in 2008.

• Honorable Service Medals – Officers Kevin Henderson, Andrew Pappas, Michael Tarnowski, Theodore Weed Jr., Tyrone Earp and Shawn Watson.

•Life-Saving Medal – Marilyn Clark, a complaint-report taker, for stopping a suicide attempt.



email: nfischer@buffnews.com

Swindled clients get $164,564 from lawyers’ fund

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Two clients of disbarred Niagara County attorney Robert J. Niemel and a client of late Buffalo attorney Richard L. Baumgarten have been awarded a combined $164,564 through the New York State Lawyers’ Fund for Client Protection.

Niemel, 71, was sentenced by Niagara County Judge Sara Sheldon Farkas to two years in Niagara County Jail on his guilty plea to grand larceny and forged-instrument charges for stealing $153,264 from a Wheatfield man’s estate and for his theft of $7,000 from the attorney escrow fund he had maintained for a Grand Island woman, according to Timothy O’Sullivan, spokesman for the fund.

A Buffalo husband and wife were reimbursed $4,300 for money they paid Baumgarten for legal fees in a criminal appeal deemed faulty.

Suspended from legal practice in 2002 for neglect and failure to refund unearned legal fees, Baumgarten was reinstated to the legal practice in 2003 and was considered an attorney in good standing at the time of his death in 2007, O’Sullivan said.

These payments were among 46 reimbursements totaling $1.5 million to clients of 22 lawyers in 11 counties, including nine in New York City and seven on Long Island.

Since the State Court of Appeals in Albany created the Albany-based Lawyer’s Fund in 1982, it has reimbursed more than $163.5 million to more than 7,254 clients defrauded by 1,042 attorneys, O’Sullivan said.

The fund’s reimbursements come from registration fees paid by the state’s more than 271,000 attorneys.



email: mgryta@buffnews.com

UB goes to great lengths to recruit top medical talent to Buffalo

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Recruiting top doctors and medical researchers to Buffalo is not unlike the Bills or Sabres going after blue-chip free agents.

Buffalo may not be high on their list of destinations – or on their list at all – when bigger, warmer or more lucrative markets are out there.

Buffalo? thought Dr. Andrew Talal.

Dr. Gil Wolfe was hesitant, too.

And Dr. John Tomaszewski was sure Buffalo wasn’t for him, even before he stepped off the plane.

That’s part of the recruiting process the University at Buffalo is going through right now as it grows its School of Medicine and Biomedical Sciences.

Over the next three years, UB plans to hire more than 100 full-time medical faculty members in preparation for the 2016 opening of its new medical school, which will serve as a linchpin for an emerging Buffalo Niagara Medical Campus.

But luring smart, high-priced medical talent to the region isn’t as impossible as you might think.

If you can get them to visit – that’s the key – Buffalo can convince them it is a city on the rise and they can be a part of building something special.

“People want to be in a place that’s moving forward with a vision,” said UB President Satish Tripathi. “The way I feel is, if we are able to clearly state our vision and provide them the resources to succeed, people will come.”

“You got to get them on the airplane,” said Dr. Anne Curtis, chairwoman of the department of medicine at UB, who was recruited a few years ago. “Get them on the airplane and get them here, and then we can do OK.”

That’s why Talal, Wolfe and Tomaszewski eventually came around to Buffalo, with dozens more expected to follow.

“I began to understand that there really is a new day in town,” said Tomaszewski, who came from Philadelphia more than a year ago.

The added faculty will allow UB to increase enrollment at the medical school, from which the region gets many of its future physicians.

In addition, these newly hired doctors – who will set up practices and labs and hold positions at area hospitals – will bring some needed depth and breadth to Buffalo’s medical community, as UB targets specialists in areas where the region has a shortage.

It’s helping set the stage for a better, 21st-century health care system, where people from the region can be treated for most any condition by local doctors, said Michael Cain, vice president of health sciences and dean of the medical school.

And in a way, it serves as a reminder that Buffalo really is making progress, especially when the community’s Rust Belt image is seen through the fresh eyes of these newcomers.

“We fell in love with the city,” said Dr. Anthony Martinez, an associate professor of medicine, who moved to Buffalo from San Diego in December. “It just feels like there’s something going on here. It’s hard to describe, it’s just something you feel.”

But first, you have to get them to Buffalo.Actually, Cain said, it hasn’t been that difficult.

“In all the recruiting I’ve done in the past six years, I’ve had no one turn us down because it was Buffalo,” Cain said.

In fact, UB landed its top choice for each of the 10 leadership positions recently filled for the medical school, Cain said.

They see the potential in Buffalo.

UB and Kaleida Health opened a state-of-the-art research building last year on Ellicott Street.

An 11-story addition to Roswell Park Cancer Institute breaks ground this year.

A new Women & Children’s Hospital is expected to open in 2016 – as is UB’s $375 million medical school.

“If you come here,” Cain tells the recruits, “you’re going to be part of a growing, expanding academic health center, and after four or five years, you will feel that you have contributed to making something better.”

It’s a vision that attracted Curtis, who came to UB in 2010 from the University of South Florida in Tampa, where she was chief of cardiology.

“People who are builders get excited about that,” Curtis said. “They see an opportunity to put their mark on something.”

Buffalo also caught the attention of Dr. Vanessa Barnabei, who had other offers but came to UB last fall from the Medical College of Wisconsin in Milwaukee, where she was director of obstetrics and gynecology.

“When I came here, I was very impressed by the opportunity for growth that’s going on, that’s being planned and is actually going to happen,” Barnabei said. “You never know sometimes. People make these grand plans. But here, it really does look like it’s going to move forward.”

UB has been hiring for the medical school the past few years to fill vacancies and replace retired professors. Currently, the medical school has 720 full-time faculty members.

But the university wants to increase that number to as many as 850 over the next three years, as the need to train more physicians grows around the U.S.

A combination of resources – including philanthropy and money raised from state tuition increases – will be used to finance the school’s growth.

It’s that commitment of funds to build a better medical program at UB that helped lure Wolfe, who arrived at the end of 2011. He was recruited from the University of Texas Southwestern Medical School in Dallas to head the department of neurology at UB.

“This was not the first chair opportunity I was offered,” Wolfe said, “but looking back and hearing what happened in those other situations, I’m glad I’m here. The level of state support – and even community support – doesn’t match what I’ve experienced here.”

That’s not to say the initial reaction to Buffalo is always enthusiastic.Tomaszewski was recruited from the University of Pennsylvania in Philadelphia.

As he arrived in Buffalo for his first interview, the Philadelphia native remembers looking out the window of the plane and thinking: “I am not coming to Buffalo.”

But Tomaszewski’s interview was intriguing. It turned into another visit, then another. And during every conversation, another dimension he found engaging was revealed. He became chairman of the department of pathology and anatomical sciences at UB in the fall of 2011.

“Buffalo has a whole bunch of cards assembled to be a first-rate, modern health care system in the model that’s going to be successful going forward,” he said.

Talal, who was recruited from Weill Cornell Medical College in New York City, had a similar reaction when he received an email from the search firm.

“Who wants to go to Buffalo?” Talal thought to himself.

He promptly deleted the email.

But after being asked to speak in Buffalo, Talal learned more about what was going on at the university and the emerging medical campus. His opinion was changing.

When Talal returned to Manhattan, he reached out to the search firm. It took his daughter getting admitted to City Honors School and his wife – who is also a professor – to be recruited by UB, but Talal eventually joined the university in September as chief of the division of gastroenterology, hepatology and nutrition.

“Buffalo is an interesting community in the sense you have a lot of very top-notch things, but they haven’t been highly publicized,” Talal said. “There’s a lot more here than the city is given credit for.”

Now the recruited have become the recruiters.The doctors acknowledge that Buffalo can be a tough market to recruit.

It’s just enough out of the way and close enough to major metropolitan areas, where top talent would rather head, Barnabei said.

But they also believe the medical growth planned for Buffalo is a rare opportunity for faculty, especially at a time when schools around the country are trying to cut costs.

“A lot of academic medical centers in 2013 are not growing,” Curtis said. “They see health care changing. They don’t see a need for more people. They’re treading water. Their staffs are full.”

“There are good people coming out of training who want an academic career but are finding the opportunities are somewhat [more] limited than in the past,” Curtis said.

“Times are tight,” added Tomaszewski. “California is a good example. Because of its finances, it really had to downsize its state university system, so there’s a lot of faculty on the market.”

And once the prospects see Buffalo, they understand the appeal.

“I enjoy Buffalo,” Wolfe said. “I’ve become a big booster for the city. I have to be, but I can do it in a sincere fashion. There are great recreational opportunities. The arts are excellent. The restaurant scene holds its own very well in comparison to even larger cities. And the cost of living, from a real-estate standpoint, is a big bonus.”

Barnabei and Tomaszewski were struck by the friendliness of the community. He recalled moving into his office – arms full, fumbling with his access card – when a woman saw him from the third floor of the building and came down to open the door for him.

“If you keep an open mind enough to give it a chance, it’s the kind of place that the more you look the more you find,” Martinez said. “If you just give it a chance, the more it gets under your skin and grabs you.”

When Talal, his former mentor, recruited Martinez to Buffalo from the University of California, San Diego, Martinez and his wife rented a place in Elmwood Village for a week to determine if Buffalo would suit them.

Martinez, a native of Providence, R.I., and a huge hockey fan, immediately got Buffalo. He saw how the cold weather and tough economy shaped this community for the good.

“I’ve never been in a place that has such a strong sense of community. That seeps into the people and permeates out,” Martinez said. “It’s a great fit for my family and a great fit for me.”



email: jrey@buffnews.com
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