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Drone role OK’d for Guard unit at Falls base

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WASHINGTON – An Air National Guard unit based in Niagara Falls will soon be directing unmanned drones on missions around the globe, and that unit also may get to keep at least some of the four C-130 cargo planes that the Air Force was threatening to take away less than a year ago.

That victory for the Niagara Falls Air Reserve Station – and particularly for the Air National Guard’s 107th Airlift Wing that’s based there – comes in a fiscal 2013 defense authorization bill that a House-Senate conference committee finalized Tuesday.

Both houses of Congress are expected to approve that measure by the end of the week, setting the structure for the U.S. military for the coming year and giving new life and a cutting-edge mission to a local Guard unit that the Air Force proposed shutting down earlier this year.

Under the bill, the 107th will eventually fly remotely piloted aircraft, or RPAs. The bill does not specify exactly which kind of drones the unit will fly. It’s expected that the craft will never actually land at the local base, but instead be piloted remotely by Guard members based in the Falls.

“I am pleased that Niagara retained the RPA mission, which will keep our base at the forefront of the military,” said Sen. Kirsten E. Gillibrand, D-N.Y., who serves on the Senate Armed Services Committee and who was intimately involved in the deal to save the Niagara unit. “In addition, most of the C-130s nationwide were restored, which is critical for Niagara.”

The new mission for the Niagara base is a huge win for Rep. Kathleen C. Hochul, D-Hamburg, who pressed the Pentagon and Defense Secretary Leon E. Panetta relentlessly to find a new mission for the Falls unit.

Hochul, who lost her re-election bid to Republican Chris Collins in November, said she was proud to have worked with her colleagues to help the air base. “The Niagara Falls Air Reserve Station is critical to our region’s economy and our nation’s security,” she said. “I am encouraged by reports that the Air Force will bring a new mission to the air base. This is a positive step in our ongoing effort to ensure that NFARS continues to play an important role in national defense and homeland security.”

The House-Senate agreement does not specify what kind of drones will be flown by the Niagara unit, but sources close to the Pentagon believe that it will likely be one of two aircraft: the MQ-1 Predator, which can used for surveillance missions and can carry missiles, or the MQ-9 Reaper, which can do the same things but is faster and can carry a heavier payload.

It often takes a year to 18 months for the Air Force to shift a unit’s mission, meaning that the 107th could continue flying C-130 cargo planes through 2013 – and perhaps beyond.

Under the bill, the number of C-130 cargo planes to be flown by the Air National Guard will shrink to 60, from 65. The bill does not specify which units will lose those planes, leaving the decision up to the Air Force.

New York’s senators said they will fight to save the 107th’s four C-130s, one of which is on loan to another base, saying they are critical to disaster response in the Northeast. If the planes could be saved, that would mean the 107th would not lose personnel and might even be able to add some.

The House-Senate conference report “brings us closer to securing the brand-new unmanned aerial drone Remote Split Operations Squadron that could bring in hundreds of new jobs,” said Sen. Charles E. Schumer, D-N.Y. “And while the fight to preserve Niagara Falls’ C-130s is still ongoing, this conference report bolsters the longevity of the program at NFARS and will ensure that our troops can continue to rely on these aircrafts that help our heroes in uniform defend our freedom at home and abroad.”

There’s no guarantee, though, that the 107th will be able to keep its four C-130s while also getting a new mission. The fact that the local unit won a new mission could also give the Air Force an argument for removing some, if not all, of the C-130s from the 107th.

The other unit at the base, the Air Force Reserve’s 914th Airlift Wing, will continue to fly its eight C-130s under the House-Senate agreement on the defense authorization bill.

Some veteran advocates of the local base have strongly pressed for the 107th to keep flying C-130s, too. But federal lawmakers have been pushing for a drone mission for the unit because it’s the Air Force’s fastest-growing and most secure type of mission.

And any new mission at all for the 107th is a huge improvement from what the Pentagon proposed in February, which was the elimination of the unit and its 845 employees, including 580 part-time Guard members.

“Kudos to the congressional delegation that has worked so hard to make this happen, along with the state,” said John A. Cooper Sr., vice chairman of the Niagara Military Affairs Council, which has successfully fought to save the base and its units time and again over the last two decades. “To have something positive after where we were in February is just wonderful.”



email: jzremski@buffnews.com

United Cerebral Palsy Association of Niagara County hit with $11.1 million jury verdict

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A jury Tuesday awarded $11.1 million to a 59-year-old blind and developmentally disabled man who has lived for 26 years in a Niagara Falls group home run by the United Cerebral Palsy Association of Niagara County.

Robert Behringer – who is prone to seizures and unable to care for himself – has endured dozens of incidents at the group home since 2006 that stripped him of his dignity and jeopardized his safety, said his brother, Earl Behringer Jr., who brought the lawsuit as Robert’s guardian.

Earl Behringer testified earlier in the 17-day trial that for years he wanted to move Robert Behringer out of the Lockport Road group home to his home in Venice, Fla.

However, the 71-year-old jeweler, formerly of Amherst, said he could not afford to provide the around-the-clock care and supervision his brother requires, and group homes in Florida have years-long waiting lists.

Now, with the jury verdict, assuming it holds up to appeal, Behringer will be able to move his brother out of the 10-person group home.

“I’m going to get him out of here and get him to Florida,” Behringer said. “He deserves a better life. At least now I can provide him with one.”

Jurors deliberated slightly longer than two hours, a surprisingly short time, given the length of the trial and the conflicting testimony.

“We are very grateful for the attention paid by the jurors and the verdict they rendered,” said attorney Terrence M. Connors, who, with co-counsel Joseph D. Morath Jr., found former group home employees and persuaded them to testify against the association.

David C. Blaxill, a New York City lawyer who represented the association, declined to comment after the verdict.

During his closing argument, however, Blaxill defended the Niagara Cerebral Palsy employees assigned to Robert Behringer at the group home, referred to as the Niagara house.

“These people are heroes,” Blaxill said.

For Robert Behringer, “it has been a good life,” Blaxill told jurors. “He is surrounded by people who love him. He is happy.”

Witnesses for the defense and plaintiff described a pleasant man who likes drinking coffee in the morning, listening to Frank Sinatra tunes and sitting in his brown leather chair. He tends to keep to himself, but he opens up to employees and fellow residents who initiate conversations.

Employees who were not accused of any wrongdoing expressed fondness for him when they testified.

Ernestine Gayle has taken care of him for nearly 12 years at the group home. She called him “my dude.”

He kicks his legs out to the side when walking, so he needs two aides to assist him to walk. Because of his unsteadiness, he must wear a helmet when walking to keep from hurting himself.

It would be easier on the staff to keep him in a wheelchair, but “that wouldn’t be good for Robert,” Gayle said.

Earl Behringer acknowledged some employees truly cared for his brother’s well-being. But during the trial before State Supreme Court Justice Deborah A. Chimes, Earl Behringer said his brother was mistreated by some employees and neglected by others at times.

The incidents and accidents started in late 2007: broken bones, teeth knocked out and an uptick in seizures, among other problems.

Earl Behringer said he received phone calls and letters from the nonprofit organization alerting him about what has happening.

“There were so many phone calls like this,” he testified. “I wanted to get him out of there for his safety.”

Among the incidents:

• Robert Behringer suffered a seizure after the staff failed to give him his evening dose of medication, according to the lawsuit.

• He suffered a seizure after he was dropped and struck his head on the ground, breaking and loosening teeth, when a single aide tried to lift him from his chair, according to court papers.

• While unattended and unrestrained, he tried to stand up from his wheelchair and fell.

• Earl Behringer said he found his brother sitting in his own feces or urine during visits.

“I couldn’t believe the smell,” he said.

He also said he witnessed two employees smoking marijuana on the job. One report he received from the agency indicated two staffers were fired after a supervisor discovered them sleeping during their overnight shift.

Much of the time the ranch-style home for the residents was understaffed, with just two to three employees to keep watch over 10 residents, he said. The ideal ratio was one employee for every two residents.

Robert Behringer has echolalia, which means he repeats the words spoken to him by others.

In videotaped trial testimony, Michelle Adams said she quit working at the group home after only a short time because of what she called “horrific conditions.”

“One of Robert’s conditions also was that he parrots everything that he hears around him,” Adams testified. “So staff members thought it was funny to say things and have him repeat it back, whether it be foul language, whether it be a sexual connotation to one of the other staff members. Because he would repeat not only what you say, but also the name. He knew you, when you introduced yourself to him, by your voice and your name.

“I witnessed other employees saying things to Robert on purpose for him to repeat them, because they thought it was funny to hear him say foul language.”

The jury awarded almost everything Connors asked for: $600,000 in past damages, $1 million for future damages and $6 million over 20 years for future medical costs. Jurors added $3.5 million in punitive damages.

“This case is about a person who can’t speak for himself,” Connors told jurors. “That’s why this case is so important.”



email: plakamp@buffnews.com

Lockport teen charged with attacking school resource officer

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SANBORN – A Niagara Academy student was charged Tuesday morning with disorderly conduct.

The student was accused of swearing at staff and fighting with Niagara County sheriff’s deputies and a school resource officer, digging her nails into the resource officer’s hand as he tried to handcuff her and then jamming her high heel boot into his foot.

School officials said they were trying to prevent the 16-year-old Lockport girl from leaving the campus about 9:25 a.m.

The girl was arrested at the school on Saunders Settlement Road deputies and ordered held in the County Jail in lieu of $500 bail. She is scheduled to appear in Cambria Town Court on Jan. 8.

Niagara County endorses private casino for Falls

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TAG GOES HERELOCKPORT – The Niagara County Legislature voted Tuesday to endorse state legislation to place a private casino in downtown Niagara Falls.

The measure, which was tabled two weeks ago, was unanimously approved this time.

“If the county received 25 percent of the slot machine revenues from the [Seneca Niagara] casino, there would be no [county] property tax,” said Majority Leader Richard E. Updegrove, R-Lockport. “That’s why this resolution is so important.”

The measure was tabled for fear that it might harm the hopes of settling the rift between the state and the Senecas that has denied the City of Niagara Falls $60 million in casino money.

Chamberlain firm to start work next week on Trek project

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TAG GOES HERELOCKPORT – D.R. Chamberlain, a Lockport contracting firm, may start work as soon as next week on interior renovations in Building 4 at Harrison Place, which is expected to become the new home of Trek Inc.

Lockport Corporation Counsel John J. Ottaviano said Tuesday that Chamberlain is to be paid $3,052,000 for asbestos and lead testing, demolition of some interior walls and removal of unused pipes, heating and ventilation equipment and sprinklers.

He said he is confident a final agreement will be reached shortly on a lease for Trek, a Medina electronic instrument maker, to move to the former auto parts plant in downtown Lockport. The tentative deal calls for a 10-year release with a five-year renewal option as well as a purchase option on the 96,000-square-foot building.

Trek, whose research and development branch has been located in Lockport since last year, is expected to bring 72 existing jobs to Lockport while adding 24 more within three years.

Welcome to your home, Marine

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NORTH TONAWANDA – A lot of people will be coming home for the holidays in the next week.

Good luck finding a homecoming that can match the one that happened Tuesday on Sherwood Avenue.

Hundreds of people stood in the cold rain to welcome Marine Cpl. Paul Schaus to his new, state-of-the-art, handicapped-accessible house, built through the efforts of donations and volunteers. Fellow veterans, family, friends and supporters saluted him and lined the road and driveway cheering and waving flags as Schaus stepped into his new home.

Schaus, who lost both legs and a finger in Afghanistan in 2009 and has been fitted with prosthetics, was overwhelmed by the outpouring as he was handed the keys to his new house.

“It’s been amazing,” he said as he joined well-wishers in his new house.

“It’s a fantastic Christmas present. It’s a great home for him,” said his uncle Frank Grandinetti Sr., the owner of Grand Jude Plumbing, the general contractor for the project. “He’s a great kid.”

The land was donated, and dozens of local businesses volunteered time and/or materials to help on the project.

“The first day we started here with the backhoe [in July] we had 200 volunteers. Then as we were going along we had volunteers all the time. It was unbelievable,” Grandinetti said. “The [outside of the] house was built in one weekend.

After Schaus was presented the keys, veterans from Stephen Sikora Post 1322, American Legion, of North Tonawanda saluted Schaus and raised the American flag on the pole in the front of the house. Inside, wood floors, large automatic doors, lowered counters with shelves that pull out and a large bathroom with a seat and roll-in shower are part of the four-bedroom, two-bath home.

“We don’t do this for everybody who moves to North Tonawanda,” Mayor Robert G. Ortt said with a smile. “I’m so proud of my hometown and everybody here who turned out to help and make this project a reality.”

The project was funded by Homes for Our Troops, a national organization that helps to build handicapped-accessible homes for severely injured veterans. The group donates up to $320,000 per house nationally.

Dawn Teixeira, a founding board member and executive director of Homes for Our Troops, said, “We give injured veterans freedom and independence and take away some of the day-to-day stressors. The mortgage is also fully paid for, and that takes away the financial stressors.”

“I wish this was the last house we had to build, but 1,600 veterans are so severely injured that they qualify for these homes,” Teixeira said.

Schaus, 24, a Town of Tonawanda native, was injured when he stepped on a land mine during a fight with insurgents in the Helmand Province of Afghanistan. A Kenmore West High School graduate, he enlisted in the military when he was 17 and had already served eight months in Iraq.

After extensive rehabilitation at Bethesda Naval Medical Center and then Walter Reed Hospital in Washington, D.C., Schaus moved back to the area 15 months ago and lived with his mother, Cindy Martello, but she said her house was not suitable for her son’s needs.

“It has been a struggle, but he never complains,” Martello said.

Schaus, a lifelong hockey player, was able to fulfill another dream over the past year – to get back on the ice as a member of the USA Warriors, a national sled hockey team.

The project was marred by a pair of crimes. In one, thieves stripped a small amount of copper from the outside of the house. Then, in late October, a security television was ripped from the master bedroom, damaging the drywall and bending steel plates that held it there.

But the generosity of goods and spirit more than outweighed those incidents.

“We went to businesses [for donations of materials or work], and they said when do we start. Everyone wanted to help,” said Schaus’ cousin Jodie Buckley, who works with her father, Frank, at Grand Jude Plumbing.

“What happened [in Afghanistan] forever changed his way of life,” Buckley said. “But now he has everything he needs right here and nothing to worry about.”



email: nfischer@buffnews.com

Niagara Legislature reduces, but doesn’t eliminate, 2013 tax increase

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LOCKPORT – The Niagara County Legislature adopted a 2013 budget Tuesday night that reduced the increase in the property tax levy from the 3.7 percent in the tentative budget to a final figure of 1.89 percent.

The three-member Democratic minority proposed amendments to the spending plan that would have eliminated the tax hike altogether, but the 12-member Republican-led majority wouldn’t go that far.

“We did our job. We had all the resolutions that reduced the budget. They didn’t have any,” said Minority Leader Dennis F. Virtuoso, D-Niagara Falls. “The minority caucus was able to deliver a 2 percent tax increase, which could have been zero.”

The budget passed by a 10-5 vote, with Republicans Kathryn L. Lance of Wheatfield and Cheree J. Copelin of Niagara Falls joining Falls Democrats Virtuoso, Owen T. Steed and Jason A. Zona in voting no.

The Republicans did adopt the Democrats’ suggestion for a $900,000 increase in the estimated sales tax revenue for next year. The GOP initially had proposed a $500,000 increase, which was the most County Treasurer Kyle D. Andrews, D-Wilson, felt was prudent.

However, Virtuoso distributed a chart showing that the county exceeded the sales tax projections in the budget in each of the past six years, including a $7.2 million overage in 2011.

The jump from 2010 to 2011 was a record $5.2 million increase in one year, which Andrews attributed to a spike in gasoline prices, increased auto sales and the opening of the Walmart supercenter in Niagara Falls.

“When we put the 2012 budget together, we didn’t know if it was sustainable,” Budget Director Daniel R. Huntington said.

The budget as proposed by County Manager Jeffrey M. Glatz estimated next year’s sales tax at $60,950,000, which in itself was a $2.5 million increase from the 2012 budget estimate.

Friday, Glatz had criticized a further $900,000 increase in the sales tax estimate as “like playing Russian roulette.”

But Tuesday night, he noted the Legislature dropped the notion of cutting the county self-insurance fund by $360,000. It went down by $68,000 to counteract the need to restore some overtime to the Sheriff’s Office budget.

“The way I look at it is, it’s kind of a wash,” Glatz said.

As a result of that and numerous other changes, the final budget of $321.8 million showed a spending increase of $5.3 million, or 1.67 percent.

The tax levy was trimmed by $1.3 million as a result of the amendments, with a 1.89 percent increase remaining.

Property tax rates for the individual municipalities are:

Cambria, $7.73 per $1,000 of assessed valuation, an increase of 9 cents from 2012; Hartland, $7.74, up 10 cents; Lewiston, $9.43, unchanged; City of Lockport, $7.74, up 9 cents; Town of Lockport, $7.75, up 9 cents; Newfane, $8.05, up 26 cents; Town of Niagara, $13.16, up 14 cents.

Also, Niagara Falls, $8.43, up 18 cents; North Tonawanda, $8.03, up 9 cents; Pendleton, $7.96, up 17 cents; Porter, $8.14, down 26 cents; Royalton, $7.89, up 2 cents; Somerset, $7.73, down $2.33; Wheatfield, $11.22, up 13 cents; Wilson, $8.40, up 18 cents.

The variations are caused by changes in each community’s assessment rolls. Somerset’s, in particular, was altered by its first townwide reassessment in many years, Real Property Services Director John E. Shoemaker said.

Lawmakers rejected a Democratic proposal to eliminate three patronage jobs: Legislature clerk, county auditor and public information officer. Counting benefits, that would have saved $270,489.

The GOP also turned down Virtuoso’s proposal to cut $150,000 by having county workers instead of a private company move stored records from the Lockport storage buildings to a former Newfane mattress factory leased from Lockport developer David L. Ulrich.

Other budget amendments included pay raises of 2.5 percent per year for the next four years for Sheriff James R. Voutour, whose pay was flat during the past four years.

The Legislature majority refused to cut the pay of the administrator of the conflict defender’s office even though the incumbent, Robert M. Pusateri, is retiring. Also, it gave a 33 percent raise to part-time Personnel Officer Joseph A. Vacanti Jr., from $15,000 to $20,000 a year. The Democrats sought to delete that raise.

The Legislature voted to drop Capital Public Strategies, the lobbying firm that was working on support for the Niagara Falls Air Reserve Station. That work will go to another firm, Masiello, Martucci and Calabrese, Glatz said.

The county’s 2014 budget process already begins with a 3 percent tax increase lined up, Huntington said.

The county already knows Medicaid costs will rise $475,000 in 2014; pension fund contributions will have to increase $1.2 million because of a decision by the State Comptroller’s Office; and the county will lose $858,000 in revenue from the restructuring of the payment-in-lieu-of-taxes, or PILOT, arrangement for the Somerset power plant formerly owned by AES Corp.



email: tprohaska@buffnews.com

Falls man charged with rape

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NIAGARA FALLS – A Niagara Avenue man was arrested Tuesday charged with rape and assault.

Darryl J. Hill, 33, was charged on a warrant with first-degree rape and third-degree assault, city police reported. He is accused of forcing a Willow Avenue resident to have sex with him while they were in his apartment on Dec. 2.

Rochester man charged with beating Falls man for prescription pills

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NIAGARA FALLS – A Rochester man faces four felony charges after he allegedly broke into a Falls home and beat a man with a chain in order to get prescription pills.

Lastonza Moxley, 60, was arrested on a warrant Tuesday and charged with two counts of first-degree burglary, for causing injury and for using a weapon; and first- and second-degree robbery.

Moxley is accused of forcing his way into an apartment in the 1600 block of Niagara Street on Aug. 6 and using a homemade weapon, a wooden stick with a long chain attached, to beat a 53-year-old man. Moxley then demanded that a woman in the house hand over her pills, according to police. The woman told officers she handed over 10 of her prescription Lortabs and Moxley left.

Disturbing text about assault rifles found on a reckless driver’s cellphone

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An Amherst man was arrested earlier this week on reckless and drugged driving charges after he sideswiped a truck on Niagara Falls Boulevard – but what was most disturbing to Niagara County sheriff’s deputies was what they later discovered on his smashed cellphone.

It was a text message that read: “I’m stressin’ bad and I want a few to calm me down before I pull the AR out.”

Edward J. Reppenhagen owns two assault rifles – ARs, deputies reported, although he wasn’t carrying them when he was taken into custody Monday afternoon.

Reppenhagen, 26, of Tonawanda Creek Road, was stopped by deputies just before 2 p.m. in the 2300 block of Niagara Falls Boulevard in Wheatfield. He was observed driving on the wrong side of the road and had sideswiped a tractor-trailer before he was stopped, deputies said.

He appeared confused and slow, deputies reported, and was found carrying a jar of urine, which he said he kept for drug testing because he didn’t want anyone to know he takes medications for depression and to help in his recovery from heroin addiction.

Deputies said they also found a smashed cellphone and that Reppenhagen was evasive about whether he had been texting while driving.

Reppenhagen was taken to Mount St. Mary’s Hospital in Lewiston for a blood test and, while being treated, talked about “feeding a bearded dragon,” deputies reported. It was not clear Wednesday what he meant by that.

Due to the text message and medical issues, deputies contacted Reppenhagen’s girlfriend, who agreed to surrender Reppenhagen’s firearms. They were secured at the Sheriff’s Office.

It was unclear Wednesday exactly what kind of firearms Reppenhagen had, whether he owned them legally and how he got them.

Deputies did not say what kind of drugs Reppenhagen allegedly had taken before his arrest.

He was charged with failure to keep right, moving from a lane unsafely, leaving the scene of a property damage accident, driving an unregistered motor vehicle, operating while impaired by drugs and refusing to take a breath test.

Reppenhagen was arraigned in Wheatfield Town Court and ordered held in lieu of $250 bail.



email: nfischer@buffnews.com

Robber takes plea, faces up to 17 years in prison

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LOCKPORT – Paul J. Schubert of Niagara Falls finally pleaded guilty Wednesday, on his third courtroom appearance since being presented with a plea offer in connection with as many as six armed robberies of western Niagara County convenience stores.

Schubert, 21, of Townsend Place, admitted to attempted first-degree robbery as second-degree robbery, as he acknowledged holding up two 7-Eleven stores on Buffalo Avenue in the Falls, one on Sept. 6 and one on Sept. 12. The plea, which involved a promise of no more than 10 years in prison, covered all the robberies.

However, Schubert faces as long as seven more years in prison for third-degree burglary. He pleaded guilty in June to a 2010 break-in at a Seneca Avenue home, and was admitted to a court-supervised drug treatment program, from which he was officially expelled Wednesday by Niagara County Judge Sara Sheldon Farkas.

She scheduled sentencing on all charges for March 1.

Niagara County taxes to rise 1.89 percent

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LOCKPORT – The Niagara County Legislature adopted a 2013 budget Tuesday night that increased the amount to be collected in property taxes by 1.89 percent.

The budget passed by a 10-5 vote at about 11:30 p.m. Tuesday, with Republicans Kathryn L. Lance of Wheatfield and Cheree J. Copelin of Niagara Falls joining Niagara Falls Democrats Dennis F. Virtuoso, Owen T. Steed and Jason A. Zona in voting no.

Despite that, the Democrats took credit for reducing the tax levy increase from 3.7 percent, the figure in the tentative budget presented Nov. 15 by County Manager Jeffrey M. Glatz. “We did our job. We had all the resolutions that reduced the budget. They didn’t have any,” said Virtuoso. “The minority caucus was able to deliver a 2 percent tax increase, which could have been zero.”

While voting down several of the Democrats’ proposed amendments, the Republican majority adopted the Democrats’ version of the single largest amendment to the budget, a $900,000 increase in the estimated sales tax revenue for next year. The GOP initially had proposed a $500,000 increase.

Friday, Glatz had criticized a further $900,000 increase in the sales tax estimate as “like playing Russian roulette.”

But Tuesday night, he noted that the Legislature dropped the notion of cutting the county self-insurance fund by $360,000. It went down only by $68,000, to counteract the need to restore some overtime in the Sheriff’s Office budget.

“The way I look at it is, it’s kind of a wash,” Glatz said.

The final budget of $321.8 million showed a spending increase of $5.3 million, or 1.67 percent. The tax levy was trimmed by $1.3 million as a result of the amendments. It would have taken $2.65 million in amendments to eliminate the tax increase.

Property tax rates for the individual municipalities are:

Cambria, $7.73 per $1,000 of assessed valuation, an increase of 9 cents from 2012; Hartland, $7.74, up 10 cents; Lewiston, $9.43, unchanged; City of Lockport, $7.74, up 9 cents; Town of Lockport, $7.75, up 9 cents; Newfane, $8.05, up 26 cents; Town of Niagara, $13.16, up 14 cents.

Also, Niagara Falls, $8.43, up 18 cents; North Tonawanda, $8.03, up 9 cents; Pendleton, $7.96, up 17 cents; Porter, $8.14, down 26 cents; Royalton, $7.89, up 2 cents; Somerset, $7.73, down $2.33; Wheatfield, $11.22, up 13 cents; Wilson, $8.40, up 18 cents.

The variations are caused by changes in each community’s assessment rolls. Somerset’s, in particular, was altered by its first townwide reassessment in many years, Real Property Services Director John E. Shoemaker said.



email: tprohaska@buffnews.com

Falls man shot three times sent to prison for gun possession

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LOCKPORT – Christopher W. Cessna-Carter, whose attorney said he has been shot three times in the past year and a half, was sentenced Wednesday to two years in prison and three years of post-release supervision for illegal possession of a handgun.

Cessna-Carter, 20, of North Avenue, Niagara Falls, had pleaded guilty to a reduced charge of attempted second-degree criminal possession of a weapon for having a gun in his car July 9, 2011. Falls police were chasing the vehicle, which Cessna-Carter crashed into a tree on 24th Street.

The arrest came four days after Cessna-Carter had been shot in the leg. On Aug. 18, 2011, he was wounded in the abdomen by a shot fired through the basement window of a home on Walnut Avenue. No information was available on the third shooting. Cessna-Carter said he had the gun for protection.

Assistant District Attorney Brian D. Seaman said, “We have a growing problem in Niagara Falls, where people who are victims of violent acts take matters into their own hands.”

Defense attorney Angelo Musitano said the gun was unloaded; the bullets were on the floor of the car. “He’s got no prior record. Why should he be the example?” Musitano asked Niagara County Judge Sara Sheldon Farkas.

Falls slasher pleads guilty

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LOCKPORT – A Niagara Falls woman who slashed another woman with a razor blade in a Cleveland Avenue confrontation June 12 accepted a plea offer Wednesday in Niagara County Court.

Shawnquilla N. Armstrong, 20, of Ninth Street, pleaded guilty to third-degree assault and faces up to a year in the County Jail when she is sentenced March 8 by Judge Sara Sheldon Farkas.

Armstrong cut her 19-year-old cousin on the face and body. Farkas had balked at the misdemeanor plea last week because she felt the attorneys were in too big of a rush to settle the case, but she agreed to it Wednesday.

Decision on company expansion could come next week

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LOCKPORT – The Town Board may take action at its next session on approval of a zoning amendment that would allow Lafarge North America to expand its stone quarry in the town.

Supervisor Marc R. Smith seemed ready for a vote at Wednesday’s work session, but councilmen said they weren’t ready. Mark C. Crocker and Cheryl A. Antkowiak said they had hoped a Lafarge representative would be at the meeting.

“I don’t think I need many more answers from them,” Smith commented.

But he said Lafarge would be asked to send someone to next week’s meeting, scheduled for 1 p.m. Wednesday.

The company wants permission to add a 150-foot-wide strip of land along the edge of its quarry along Hinman Road to its active mining area.

Lafarge has purchased numerous properties along Hinman Road with an eye to a major future expansion to the opposite side of the road.

“Definitely before they make any further expansion across the road, there will be a lot more discussion,” Smith said.

A new state permit would be needed, in addition to local approval.

In other matters Wednesday, Town Attorney Daniel E. Seaman said the town is negotiating a contract with the state Department of Transportation regarding the completion of the sidewalk along Robinson Road.

The sidewalk on the south side of the road currently stops at Centre Avenue, and the DOT plans to extend it all the way to South Transit Road next year.

Seaman said the DOT wants the town to reimburse it for the cost of a pedestrian bridge over Donner Creek, between the town office building and the Niagara County Water District pumping station. That would be part of the sidewalk route.

Town Engineer Robert D. Klavoon said the estimated cost of the bridge would be $43,000. Because of the requirement not to disturb the wetlands along the creek, the bridge would have a 50-foot span and would be 10 feet high, Klavoon said.

The board also ratified a new five-year contract with its local unit of the Civil Service Employees Association, including a 12.5 percent pay raise over the length of the deal and a new requirement that employees begin paying a share of their health insurance premiums, beginning in 2015.

Also, the board voted to buy 11 decorative metal poles, or bollards, from Reliance Foundry of British Columbia for $5,701.

Smith also announced that Crocker will be his deputy in 2013, succeeding Councilman Paul W. Siejak. The deputy supervisor is paid twice as much as the other councilmen.

Siejak announced that so far this year, 35,218 pounds of electronic waste have been dropped off at the town highway garage. The town has collected $2,476 as its share of the sale of the recyclable material.

The board also approved the purchase of a new Highway Department truck for as much as $160,000 from an International Truck dealer, and a four-wheel drive 2013 Chevrolet Silverado pickup truck from Joe Basil Chevrolet for $27,649.



email: tprohaska@buffnews.com

Ross, Burmaster, Updegrove return to top Legislature spots

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LOCKPORT – “The Coach” will stay behind the bench of the Niagara County Legislature in 2013.

William L. Ross, C-Wheatfield, was chosen to continue as Legislature chairman Wednesday at the majority caucus’ annual dinner in Shamus Restaurant, Lockport.

Ross, 79, extends his record career with his 10th year of service on the dais. No one else has served more than eight years as chairman.

“I appreciate the confidence my colleagues have shown in me. I’ll try to do the best job possible,” said Ross, who also said he intends to run for another two-year term in the Legislature in the 2013 election.

Ross first served as chairman in 1989, when he was a Democrat. This will be his sixth consecutive year as chairman; he also held the post from 2004 to 2006. Also, 2013 will be his 20th year as a legislator.

Ross, called “Coach” because of his long career as a coach and athletic director at Niagara Wheatfield High School, will have the same senior colleagues as in the past six years: Clyde L. Burmaster, R-Ransomville, as vice chairman and Richard E. Updegrove, R-Lockport, as majority leader.

However, those selections mean at least two of the Legislature’s committees will have new chairmen in 2013.

The Legislature passed a rule change Tuesday that barred the chairman, vice chairman or majority leader from heading committees.

Burmaster had been leading the Public Works Committee, and Updegrove had been chairman of the Economic Development Committee.

“It’s an opportunity for everyone to serve in a leadership position,” Updegrove said.

Under the new rules, he and Minority Leader Dennis F. Virtuoso, D-Niagara Falls, are to present Ross recommendations for committee memberships. Updegrove said legislators will be asked their preferences.

Updegrove said the new committee lineup may not be ready for the 2013 reorganizational meeting Jan. 2 and may have to wait for the first regular business meeting of the year Jan. 15.



email: tprohaska@buffnews.com

Emergency drills conducted by district

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SANBORN – Emergency drills have been conducted this week in each of the school buildings of the Niagara Wheatfield School District.

Interim School Superintendent James Knowles told the School Board on Wednesday that each of the buildings ran through their emergency procedures in the wake of the shooting tragedy in Newtown, Conn. Although such drills are regularly held throughout the year, he said district officials agreed to take the preventive measure following the event last week. He reported that the drills at all the schools were reviewed by members of the State Police, and board President Steve Sabo commended the staff for its handling of the reaction here in the aftermath of the tragedy. He told parents school shootings are “thankfully rare” and they should be assured that “your children are safe” at school.

Parking lot to replace downtown parking ramp in Lockport

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LOCKPORT – The Common Council made its choice of a replacement plan for the downtown parking ramp Wednesday.

The Council chose a plan to tear down the existing five-story ramp and replace it with a 58-space surface lot at Main and Pine streets.

The only access driveway would be onto Pine Street.

However, a concrete staircase leading from the Main Street sidewalk to the parking area would be included.

Michael T. Marino, project manager for Conestoga-Rovers & Associates, said three handicapped-access parking spaces could be cut into the sidewalk in front of what is now the Main Street entrance to the ramp.

All four alternatives that Marino presented to the Council included an estimated $650,000 to demolish the ramp, which has been closed for six years because of crumbling concrete.

Marino’s $1.41 million estimate for the work did not include the staircase, which he estimated might add $60,000 to $75,000 to the cost.

The tentative work schedule envisions a contract award in mid-February and completion of all work by the end of June.

The other options cost more and provided less parking.

“If we did [Option D] and added a staircase, we’d get the most parking for the least cost,” said Alderwoman Anne E. McCaffrey, R-2nd Ward.

The other options included ramps from Main Street that Corporation Counsel John J. Ottaviano feared would be catnip for skateboarders. The only option that included a driveway onto Main Street instead of Pine was vetoed by Mayor Michael W. Tucker as likely to cause traffic congestion. Prices for the three rejected choices ranged from $1.5 million to $1.61 million.

“This parking lot will have no overnight parking,” Tucker said.

On another topic, the aldermen agreed to have the city take back the Ulrich City Centre parking lot from owner David L. Ulrich because of old dry-cleaning chemicals found beneath the pavement this summer.

The discovery caused Darrel R. Lloyd, the would-be buyer, to back out of the deal. Lloyd, who worked for KLW, the Amherst appraisal firm that worked on the city’s reassessment program, left that company in July.

Ottaviano said testing has shown the old chemicals are well buried and pose no health threat.

The Council also voted to sell a 70-by-121-foot piece of the city’s Walnut Street parking lot to neighboring restaurateur Michael Molinaro for $1,000.

Molinaro’s plans an expansion project that could add five or six new jobs, Tucker said.



email: tprohaska@buffnews.com

Man denies injuring Falls cop during drug arrest

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LOCKPORT – A Niagara Falls man, charged with injuring a policeman’s thumb during a July 24 drug arrest, was arraigned Thursday in Niagara County Court.

Claude J. Wilson, 35, of LaSalle Avenue, pleaded not guilty to third- and fifth-degree criminal possession of a controlled substance, second-degree assault, resisting arrest and second-degree obstructing governmental administration.

Assistant District Attorney Theresa L. Prezioso said Wilson allegedly had 2.38 grams of cocaine with him when the car in which he was a passenger was pulled over for a traffic violation in Niagara Falls. Wilson allegedly struggled with Officer William Kutis. Wilson, who also faces an unrelated drug charge in Erie County, was ordered held in lieu of $30,000 bail set by County Judge Matthew J. Murphy III.

Falls sex offender arraigned on two felonies

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LOCKPORT – A Level 1 sex offender who allegedly left the state without permission pleaded not guilty to a two-count felony indictment in Niagara County Court Thursday.

Derrick J. Houser, 26, whose last registered address was on Cedar Avenue in Niagara Falls, is charged with failure to report a change of address and failure to disclose all his Internet identifiers. Both are required under New York’s Sex Offender Registration Act, Assistant District Attorney Robert A. Zucco said.

Houser was extradited after being found in Michigan in September, Zucco said. He’s being held without bail in the County Jail.
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