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Around Town / Niagara County meetings and hearings this week

September 4, 2013, 1:33 pm
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Barker

 The Village Board will meet at 7 p.m. Monday in Village Hall, 8708 Main St.

Cambria

 The Town Board will hold a public hearing at 8 p.m. Thursday, followed by a regular meeting, in Town Hall, 4160 Upper Mountain Road, Sanborn.

Hartland

 The Town Board will meet at 7:30 p.m. Thursday in Town Hall, 8942 Ridge Road, Gasport.

Lewiston

 The Town Board will meet at 6 p.m. Monday in Town Hall, 1375 Ridge Road.

Lockport

 The town Planning Board will meet for a work session at 4 p.m. Wednesday in Town Hall, 6560 Dysinger Road.

Also this week:

• The Common Council will meet for a work session at 5 p.m. Wednesday in the Municipal Building, One Locks Plaza.

• The Lockport School Board will hold an executive session at 6 p.m. on Wednesday in the board of education building, 130 Beattie Ave. A regular session begins at 7 p.m.

Niagara County

 The County Legislature Community Services Committee will meet at 5:30 p.m. Monday in the Warren J. Rathke Public Safety Training Facility, 5574 Niagara St. Extension, Lockport.

Also this week:

• The County Legislature Administration Committee will meet at 6 p.m. Tuesday in the Warren J. Rathke Public Safety Training Facility.

• The County Industrial Development Agency will meet at 9 a.m. Wednesday in the Center for Economic Development, 6311 Inducon Corporate Drive, Wheatfield.

• The County Legislature Economic Development Committee will meet at 6 p.m. Wednesday in the Center for Economic Development, 6311 Inducon Corporate Drive, Wheatfield.

Niagara Falls

 The Zoning Board of Appeals will hold a special meeting at 5:30 p.m. Tuesday in Council Chambers in City Hall, 745 Main St.

Also this week:

• The Planning Board will meet at 6 p.m. Wednesday in Council Chambers in City Hall.

• The School Board will hold a board review session at 5:30 p.m. Thursday in the district’s central office, 630 66th St.

North Tonawanda

 The Common Council will hold a work session at 6:30 p.m. Tuesday in City Hall, 216 Payne Ave.

Also this week:

• The North Tonawanda School Board will meet at 6:30 p.m. Tuesday in the Administration Building, 175 Humphrey St. The public portion of the meeting will begin at approximately 7:30 p.m.

Pendleton

 The Town of Pendleton Recreation Department will host a meeting at 7 p.m. Monday in Town Hall, 6570 Campbell Blvd.

Also this week:

• The Starpoint School Board will meet at 7:20 p.m. Monday in the district’s board conference room in Starpoint Middle School, 4363 Mapleton Road.

Porter

 The Town Board will meet at 7 p.m. Monday in Town Hall, 3265 Creek Road.

Royalton

 The Town Board will meet at 7 p.m. Monday in Town Hall, 5316 Royalton Center Road, Middleport.

The Royalton-Hartland School Board will meet at 7 p.m. Thursday in the high school, 54 State St., Middleport.

Somerset

 The Town Board will meet at 7 p.m. Tuesday in Town Hall, 8700 Haight Road.

Wheatfield

 The Town Board will meet at 7 p.m. Monday in Town Hall, 2800 Church Road.

Wilson

 The Planning Board will meet at 7:30 p.m. Monday in Town Hall, 375 Lake St.

Also this week:

The Wilson School Board will meet at 7:30 p.m. Tuesday in the middle/high school auditorium on the district’s Lake Street campus.

Youngstown

 The Village Board will meet at 7 p.m. Thursday in Village Hall, 240 Lockport Road.

Around Town/
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Wilson drops JV football to put more varsity players on the field

September 4, 2013, 1:46 pm
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WILSON – The challenges of coaching football in a small town are magnified on the practice field.

Lacking the numbers to fill out a full 11-on-11 drill in recent seasons, Wilson Lakemen coach Bill Atlas did some creative math, putting bulky lineman in the backfield and scrawny skill players on the line, rearranging the furniture anyway he could to try to form a makeshift scout team.

On occasion, defensive coordinator Al Scarpine would stand in at free safety. “And he’s got a bum knee,” Atlas said, “so we’re not getting a very good look there, either.”

Now, for the first time since Atlas took over the program in 2006, Wilson High School has 30 players on its varsity squad. The big boys run nine-on-seven drills at one end zone, while the swift ones play seven-on-seven across the field.

And when it’s time to face an opponent, Wilson won’t have to play more than a handful of players on both sides of the ball.

“This is new territory for me,” Atlas said at the tail end of training camp.

But to make the numbers work, the Lakemen had to throw their junior varsity program off the boat.

With 15 seniors graduating from last year’s team and a shortage of players in the rising sophomore class, Atlas and Assistant Coach Brian Baker anticipated that they would have another thin varsity squad in 2013 – and even fewer players on the junior varsity.

Baker, a teacher at Wilson Middle School, recognized there were as many as two dozen interested seventh- and eighth-graders, however, and suggested replacing the JV team with a modified squad. That would allow the Lakemen to pull all of the sophomores up to varsity.

“At first, I said let’s try to get eight more kids,” Athletic Director Jeff Roth said. “But they sold me on this. More kids were going to be able to participate. The coaches came up with a nice proposal for the board. They made me look smart.”

Wilson suspended its JV program for a brief period in the 1990s and cut all modified sports from the budget in 2009. Replacing JV teams with expanded modified programs is a popular discussion topic among athletic administrators, Roth said, but few Western New York football programs have implemented the idea thus far.

That left a scheduling challenge for Wilson. One of Roth’s first calls was to Ken Stoldt, the Section VI football chairman now charged with finding replacements for the JV games Wilson would forfeit.

“Kenny’s response was awesome,” Roth said. “It was going to be a lot of extra work for him, but the first thing he said was, ‘let me know what is going to be best for your kids.’ ”

From there, Roth worked with assistant chairman Chuck Amo to find modified opponents within reasonable travel distance. Wilson will play Tonawanda, Albion, Williamsville North, Starpoint, Lewiston-Porter and Alden this season. Those schools do not include freshmen on their modified teams, but have been made aware that the Lakemen will have four older players this season.

“Without Chuck Amo and Kenny Stoldt really working behind the scene, this wouldn’t have worked,” Roth said.

Many of the modified players also will play junior football games on Saturdays, following the modified team’s Thursday games. Atlas has worked with the Wilson Youth Football program to synchronize schemes and playbooks and come up with a practice schedule that doesn’t overburden the middle school students playing for both teams.

“We wanted to prevent having a kid practicing modified from 4 to 6 and then having youth practice from 6 to 8,” Atlas said. “That’s too much football. Where’s the time for nutrition, for homework?”

Wilson has no plans to replace its JV team in any other sport, Roth said, because participation is strong and the Lakemen are counted on to play their Niagara-Orleans League opponents in JV games.

The football split will be evaluated on a year-to-year basis, Roth said. As the modified players age, it might be necessary to bring back the JV program. If overall numbers continue to dwindle, Wilson could combine with another small school in the area to field a larger team, a growing trend in the C and D enrollment classes.

As it stands, Atlas is happy to have a bigger team and more sophomores gaining varsity experience.

“I’m hoping that when they are seniors, they will look back at having two years in the system practicing at varsity speed and thinking this was a positive experience for them,” Atlas said.
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Wrangle continues over defense attorneys in NT man’s third murder trial

September 7, 2013, 6:23 pm
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LOCKPORT – Preparing to try a 32-year-old homicide case for the third time is no easy matter, as a session in State Supreme Court demonstrated last week.

Justice Richard C. Kloch Sr. and the attorneys in the Robie J. Drake case met to try to hash out whether the Niagara County Public Defender’s Office must step aside as Drake’s counsel.

Drake, 48, has been convicted twice of two counts of second-degree murder in the Dec. 5, 1981, shooting deaths of two of his fellow North Tonawanda High School students.

There is no question whether Drake shot Steven Rosenthal, 18, and Amy L. Smith, 16; he admitted doing so during testimony in his second trial in 2010, although he asserted he didn’t know at first that there was anyone in the rusty 1969 Chevrolet Nova he riddled with rifle fire on a dark night in a factory parking lot. But both of Drake’s convictions have been thrown out on appeal.

His original trial in 1982 was tainted by the use of a bogus expert witness who committed perjury with the prosecution’s knowledge, the U.S. Second Circuit Court of Appeals ruled in 2009.

A retrial in 2010 resulted in the same verdict, but the Appellate Division of State Supreme Court set the conviction aside because Kloch allowed the prosecution to introduce evidence that purportedly showed Smith’s body was sexually abused after her death. The appeals court found that both prejudicial and irrelevant.

If Drake is again convicted of murder in a third trial, he would continue to face the possibility of spending the rest of his life in prison. A manslaughter verdict – nonintentional killing – would assure him of eventual release at the end of a fixed sentence.

But first, the question of whether the Public Defender’s Office has a conflict of interest needs to be resolved. Drake had private attorneys for his first two trials.

Some 20 years after the killings, two prosecution witnesses, Eugene Konieczny and Edward A. Cusatis, were charged with crimes of their own, in which they were represented by public defenders. Kloch said if he doesn’t address the apparent conflict, “Am I not just inviting a mistrial in a third trial for Mr. Drake?”

“If you take us off the case, you’re creating an appellate issue,” Assistant Public Defender Christopher A. Privateer responded.

Privateer, assigned to the case with colleague Joseph G. Frazier, contended that Konieczny’s testimony in 2010 helped Drake. Konieczny said that he saw Drake leave home carrying two rifles on the night of the slayings.

“You don’t think that’s a problem?” Kloch asked.

“No, because there’s no dispute,” Privateer answered.

Cusatis, a county jail inmate in 1982, testified at Drake’s first trial that Drake admitted to him that he shot the victims. He was not called to the stand in 2010.

Kloch said the conflict issue could be sidestepped if Drake would agree to simply have the witnesses’ past testimony read to the new jury. Attorney Joseph M. LaTona, representing Konieczny, said another way out would be for the prosecution and defense to agree to a stipulation containing the facts those witnesses would offer if they took the stand.

email: tprohaska@buffnews.com
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Surveys hold candidates’ feet to fire on cultural issues

September 7, 2013, 6:43 pm
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There comes a moment in the life of every major constituency when a group of important-looking people in expensive-looking suits will descend upon your neighborhood, school or community center and whisper a series of sweet, vague nothings into the nearest live microphone.

That moment is called election time, and the people in the expensive-looking suits are politicians. And the sweet nothings? Those are campaign promises.

Thanks to a welcome new project launched by the Arts Services Initiative, a cultural advocacy group headed by former Erie County Legislature staffer Tod Kniazuk, the various constituencies being pandered to this election season now include the vast and variegated cultural community of Western New York.

Last month, ASI sent out surveys about the role of arts and culture to candidates for Buffalo mayor and comptroller, Erie County Legislature and the Niagara Falls City Council. Though many of the responses are as vague, noncommittal and sometimes poetically absurd as you might expect, they demonstrate a growing awareness of the importance of culture to the region’s identity and economic vitality. The completed surveys are available on ASI’s website, asiwny.org. Even if it’s just lip service, the chorus of responses in ASI’s surveys sounds like music to a cultural community long starved for the attention and backing it deserves from local elected officials. The surveys contain some maddening contradictions, such as paeans to the importance of the arts and arts funding from the likes of Mayor Byron Brown, Erie County Legislature candidate Barbara Miller-Williams and to a lesser extent Kevin Hardwick, whose actions in office fall far short of their campaign rhetoric about the importance of culture to the region.

As frustrating as these paeans to the arts from politicians who have demonstrated only a passing interest in the subject may be to those who have followed the cultural funding debacles of the past few years, they represent major progress in the political realm. A great deal of that is due to the new era of collaboration in the previously segmented cultural community, which resulted in the formation of the Arts Services Initiative in 2011. In its young life, the Arts Services Initiative has pulled off a series of impressive feats. In addition to picking up the slack of its disgraced and defunct predecessor, the Arts Council of Buffalo and Erie County, ASI and Kniazuk have taken up the enormous task of proving to politicians that the voice of the region’s cultural industry is worth listening to.

The responses are a hoot to read. They range from articulate and genuine encomiums to the importance of arts and arts education to blatant and borderline incomprehensible pandering. Consider this baffling reply to a question about the role of arts and culture in the community from Miller-Williams, who happily collaborated with anti-arts former Erie County Executive Chris Collins in 2010 and 2011 to slash arts funding to all but 10 groups:

“The role of arts and culture, as a community asset, is critical in determining specific ways to strengthen cultural values while preserving heritage and history throughout our diverse neighborhoods.”

Even if you disagree with some politicians’ continued resistance to the proven idea that public investment in culture yields high economic returns, you have to respect those candidates who avoided making promises they may have no intention of keeping. These include Erie County Legislature candidate Brian F. Burke, Niagara Falls City Council candidates Charles A. Walker, Samuel F. Fruscione and Vince Sandonato.

Out of 41 candidates who received the survey, 29 responded, Kniazuk said. This figure includes 11 of 16 incumbents and 18 of 25 challengers. The fact that all incumbent Republicans on the Erie County Legislature but Hardwick chose not to respond should speak for itself.

But there also are plenty of promising and honest responses, such as this one from Erie County Legislature candidate Elias A. Fara in response to a question about forming a new cultural funding committee: “Creating a committee means nothing if people are not passionate about making a difference.” Another response, from Erie County Legislature candidate Richard Zydel, shows some deep thinking about cultural investment: “Cultural organizations are not wards of the state,” he wrote. “They are economic development generators which turn over public funding back into the community many fold.”

In survey after survey, candidates are sending odes to the power and importance of the arts. Given the records of some of the incumbents, it’s hard to take their statements too seriously. But for the artists and organizations who have spent so long out of earshot, even hollow promises are nice to hear.

email: cdabkowski@buffnews.com
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Shooting at Lockport bar was part of a chaotic evening for police

September 7, 2013, 6:54 pm
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LOCKPORT - A man was shot in the shoulder during a fight in a Lockport bar early Saturday, Police Chief Lawrence M. Eggert said.

The unidentified victim was transported to Eastern Niagara Hospital and then transferred to Erie County Medical Center via Mercy Flight. His injury was not considered life-threatening, Eggert said.

Officers found “a chaotic scene” when they arrived at the Niagara Hotel, North Transit and Niagara streets, at 1:45 a.m., Capt. Richard L. Podgers, chief of detectives, said in a news release.

A large crowd was pouring out of the bar, one block from Police Headquarters.

Several shots were fired, but it appeared the victim was hit once and no one else was injured, Eggert said.

Detectives are continuing to interview witnesses but do not yet have a suspect.

“There were some names mentioned, but you don’t know until you can get somebody to put pen to paper,” Eggert said.

While police were investigating the shooting, they arrested a man who walked onto the scene, allegedly shouting obscenities.

Nathaniel Carson, 23, of Green Street, was charged with disorderly conduct by Lt. David Barrancotta shortly before 3 a.m.

Half an hour later, Barrancotta and Officer Marshall Belling were sent to a fight call at the Diamond, a bar at 148 State Road.

Belling reported that police had been told a man and a woman were fighting inside the bar. When officers arrived, the couple was in the parking lot, where witnesses pointed them out.

The couple started to leave and when Belling shouted for them to stop, the man allegedly made a two-handed obscene gesture and shouted a vulgarity.

A foot chase down State Road ensued. The woman got away, but the officers caught DeWayne G. West, 34, of South Transit Road, Town of Lockport.

West went down to his hands and knees, but refused to put his hands behind his back, so the officers fired a Taser electronic stun gun, whose prongs struck West in the upper left arm and shoulder.

He continued to struggle even after that. Belling wrote in his report, “Knee strikes to the midsection of the suspect were successful.”

West was charged with resisting arrest and second-degree obstructing governmental administration, and paramedics removed the Taser prongs.

email: tprohaska@buffnews.com
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Niagara County Peach Festival organizers hope for a sunny Sunday

September 7, 2013, 8:20 pm
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LEWISTON – The nearly deserted midway, the easy parking and the bored-looking vendors told their own story on a rainy Saturday afternoon: the Niagara County Peach Festival took a hit from the weather.

But with today’s forecast much improved, Kiwanis Club organizers are hoping that the crowds return as they did Friday night, when the 56th annual festival opened successfully.

The event in Academy Park on Center Street continues from 11 a.m. to 11 p.m., and the turnout is more than a matter of pride.

“I believe there are 56 organizations looking for donations or cash,” said Gary Rose, co-chairman of the peach shortcake concession. “This is our biggest fundraiser of the year.”

Most of those who did brave the wet weather were gathered under the peach shortcake tent, where the festival’s signature delicacy was dished out.

“When it starts to rain, everybody comes under the tent and gets shortcake,” said Paul Orsi, a past president of the Lewiston Kiwanis.

Rose said Singer Farms of Olcott, owned by Jim Bittner, had supplied 5½ to six tons of peaches, with another ton and a half on standby in his cold storage building.

The Kiwanians never skimp on the peaches, either. Each $5 serving of shortcake is thoroughly buried in peaches and then covered with a mountain of whipped cream.

Often the actual shortcake is invisible, but it’s there. The Kiwanis ordered 500 dozen from DiCamillo’s Bakery in Niagara Falls, Rose said.

“We’re very generous,” said Rose, who was pumping the whipped cream from a hose connected to a pressurized cylinder. “They insist. They want people to be happy and they want them to come back next year.”

Frank Fracassi, shortcake co-chairman, said the recipe contained in each 64-ounce cylinder is four quarts of heavy cream, five ounces of rock-candy syrup and a charge of nitrous oxide as propellent. Rose said they expect to use 500 quarts of cream during the weekend.

Farmers selling their fruit by the basket said this has been an excellent year for peaches. Mike Tuck of Sanger Farms in Youngstown said, “The quality was exceptional this year and the numbers are just phenomenal because of the rain, the wet spring.”

The weather caused preliminary events in the Peach Blossom, Peach Fuzz and Peach Queen contests to be moved to the Lewiston Fire Company hall, but assuming good weather, the crownings will occur on the main stage tonight.

email: tprohaska@buffnews.com
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Niagara County faith-related events Sept. 8-15

September 5, 2013, 3:32 pm
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Monday

 PRAYER: The Healing Rooms of Buffalo Niagara is open for prayer for anyone who needs physical, emotional or spiritual healing, 7 to 9 p.m., at the Potters House Christian Community Church, 723 Seventh St., Niagara Falls. No appointment or fee necessary. For more information, call 884-0048.

Tuesday

 RECOVERY GROUP: 7:30 p.m. Wheatfield Community Church, 3571 Niagara Falls Blvd. Addiction Conquerors will offer a Life Recovery Group every week to those who are victims to any addiction. Rev. Pat Lavery, co-founder of the group, will lead. For information, call 553-3794 or visit www.wheatfieldcommunitychurch.org.

Wednesday

 DEVOTIONAL GROUP MEETING: St. George Antiochian Orthodox Church, 1073 Saunders Settlement Road, Lewiston. Upper Room discussion and devotional at 1 p.m.; Vespers at 6:30 p.m.; and “Orthodoxy 101,” a meeting designed for those wishing to convert or learn more about the Orthodox faith, at 7 p.m. All are welcome. For information, call 297-2668 or email saintgeorgeorthodox@yahoo.com.

Thursday

 GROUP DISCUSSION: 6:30 p.m. Mount Olive Lutheran Church. “Step One,” an informal group gathers to discuss various faith-based topics. All are welcome. For information, call 434-8500.



If you would like your event included, send the information two weeks in advance to: Niagara Community Calendar, c/o The Buffalo News, P.O. Box 100, Buffalo, NY, 14240, fax to: 856-5150 or email to: niagaranews@buffnews.com.
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Political signs supporting Councilman Samuel Fruscione burned in Falls

September 8, 2013, 7:43 pm
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Niagara Falls police are investigating the night-time burning of some political signs supporting City Councilman Samuel F. Fruscione over the weekend.

Fruscione said that signs at about 10 homes throughout the city were set on fire Saturday night into Sunday morning.

“They’re my signs,” he said Sunday afternoon. “A friend told me this morning that a police officer knocked on their door and said someone had lit a sign on fire.”

Police Chief Bryan Dalporto said police are taking the matter seriously and noted that police had just two actual reports from the LaSalle area that they were looking into as of Sunday afternoon. There were unconfirmed reports of “a bunch more,” he said. Police received calls in the middle of the night going into Sunday about the sign fires.

“We’re trying to take any measure possible,” Dalporto said. “We’re investigating it like we would any other crime and going through reports to see how many there were ... We’re taking it very seriously because of the implications of this. It could have caused a house or tree to be set on fire during the night. It could have been a lot worse.”

email: krobinson@buffnews.com
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Cuomo defends harbor plan

September 9, 2013, 11:54 am
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Gov. Andrew M. Cuomo’s announcement last week that New York State is taking over Gallagher Beach and Buffalo’s Small Boat Harbor came within several years after some area parks were closed because of a budget crisis.

And two towns have taken over operations at two state parks, Woodlawn Beach in Hamburg and Joseph Davis in Lewiston. So how can the state take on a new park?

“It’s a question of priority. You don’t need to operate every park in the state,” Cuomo said Sunday morning in Orchard Park.

The governor was in town to mark the Buffalo Bills home opener, and the 10-year agreement keeping the Bills in town.

But he was asked about his announcement last week that the state will take over Gallagher Beach and the Small Boat Harbor, along with 130 acres on the outer harbor that the Niagara Frontier Transportation Authority has owned since the 1950s.

“Where our involvement is important, that’s where we want to be,” Cuomo said. “This outer harbor has sat undeveloped too long.”

Cuomo said other cities take advantage of their location on a waterfront, but Buffalo has not until recently. He said “we here in Buffalo” have been sitting next to the great asset of Lake Erie and doing nothing about it.

“I’ve driven by for years and just looked at the waterfront. Why don’t they develop the waterfront?” he said. “So we’re finally doing what we should have done years ago.”

He also said the Buffalo Bills belong in Erie County and Western New York, as he stopped at Ralph Wilson Stadium briefly before the team’s home opener.

“There’s a new energy in Buffalo,” the governor said, as he marked the beginning of the new season and the 10-year agreement with the Bills to keep the team in Orchard Park, making it the only NFL franchise to actually play its games in New York State.

The deal, announced in December, calls for $130 million in stadium upgrades split among the state, county and the team.

“There’s going to be a new stadium with a new lease on life with a 10-year commitment from the Bills to stay right here in Buffalo,” Cuomo said. “I think 2013 is going to be a lucky year.”

The governor stopped by the Taste of New York tailgate party under a tent behind the Bills field house Sunday morning with Lt. Gov. Robert Duffy, Erie County Executive Mark Poloncarz and other state and local officials. They were welcomed by Russ Brandon, Bills president and chief executive officer, and local delicacies such as chicken wings, beef on weck and Sahlen’s hot dogs.

“This is yet another example of Mr. Wilson’s loyalty, his commitment to Western New York and our unwavering belief that this franchise can and will succeed long term in this region,” Brandon said of team owner Ralph Wilson.

Speakers praised Wilson for keeping the Bills in Buffalo, and former Bills Hall of Fame quarterback Jim Kelly added a bit of encouragement to fans excited about ushering in a new era with quarterback EJ Manuel.

“If you ever watched the Bills when I played, we weren’t very pretty the first season either,” he said. “People talk a lot about the number 13, but I think this is the year we turn it around with a gentleman by the name of EJ Manuel.”

email: bobrien@buffnews.com
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Teenager killed in Town of Lewiston two-vehicle crash

September 9, 2013, 8:41 am
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An 18-year-old resident of the Tuscarora Indian Reservation died from his injuries late Sunday morning after being partially trapped under an overturned SUV that had been involved in a two-vehicle crash in the Town of Lewiston, police reported.

Brett McKee was killed in the crash that occurred shortly after 11 a.m. on Upper Mountain Road at Susie’s Lane on the reservation, Lewiston police said.

The driver of the SUV, Skyler T. Zephier, who had left the crash scene after the collision, was charged with driving while intoxicated, according to police reports. Witnesses told police that after the collision he was standing in the roadway, covered in blood, before he left the scene.

Police responding to the crash found the SUV lying upside down and the other vehicle in a nearby field. Investigators say the SUV driven by Zephier was heading south on Susie’s Lane when it failed to yield to the other vehicle, causing the collision in the intersection. The other driver, Jason D. Cramer, 38, was taken to Erie County Medical Center with a leg injury described as non-life-threatening.
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Niagara County Real Estate Transactions

September 9, 2013, 9:02 am
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CAMBRIA

• Shawnee Road, Sheri L. Thorne; Eric P. Thorne to Jacquelyn D. Delorenzo; David W.J. Delorenzo, $345,000.

HARTLAND

• Gill Road, Jennifer Millar; Aaron Berner; Jennifer Berner to Danielle E. Lorenz, $104,200.

• Quaker Road, Joseph Fink; Donna Eick; Elsa M. Fink to Brereton Acres, $81,159.

LEWISTON Highest price: $243,000 Average price: $155,250 Median price: $152,000 Number of Sales: 8

• Riverwalk Drive, Kevin C. MacAulay to Weston R. Wright, $243,000.

• Fort Gray Drive, Kathryn M. Kopf; Aric C. Kopf to Ronald Klemczyk; Lori Klemczyk, $235,000.

• Sandlewood Drive, Mary K. Mihalich; Joseph A. Mihalich to Sean J. MacKenzie, $225,000.

• Escarpment Drive, Edward J. Hickey; Diane M. Hickey to Robert P. Shoff; Cathie M. Shoff, $179,000.

• Onondaga St., Sean J. MacKenzie; Megan Bulkley; Megan E. MacKenzie to Daniel Montante, $125,000.

• Swann Road, John W. Hecht; Harriett F. Barber; Harriet F. Barber to Kathleen M. Bailey, $110,000.

• Creek Road & Hotchkiss Road, George N. Marinucci; Marie Karp to Richard T. Coppins, $80,000.

• Chicora Drive, Laurie M. Muto; Guy Muto to Samuel Talarico, $45,000.

LOCKPORT

• Walnut St., Rhonda L. Platte to David E. Germain, $92,000.

• Irving St. & Fairview Ave. & Beverly Ave., Robert L. Horanberg; Guy R. Horanberg to Jean M. Mullett-Hosey; Gary W. Hosey, $80,000.

• Nicholls St., Robert G. Kinne; Marjorie W. Kinne to Maria I. Cruz, $65,000.

• 4 Harvey Ave., Robert L. Kline to Rona Styres, $55,000.

• Waterman St., Mary M. Burns; James E. Burns to William R. Schielke, $50,000.

TOWN OF LOCKPORT

• 6763 Minnick Road & 6773 Rapids Road, Suburban Rapids Llc to Bacm 2001-1 Lockport Homes Llc, $6,517,081.

• 6567 Rapids Road, Mary A. Hughes; Kevin J. Hughes to Kelly M. Polashenski; Andrew D. Polashenski, $270,400.

• Emily Lane, Autumn G. Hayes-Allen; David W. Allen to Steven J. Szpilewski, $179,000.

• Royal Parkway North, Rachel E. Smith; Leonard A. Smith to Amber L. Thacker; Brandon M. Kipp, $121,000.

• Academy Lane, Scott A. Tanyi; Jennifer J. Tanyi; Jennifer J. Ricklefs to James M. Jang; Desiree H. Jang, $108,000.

• Wendts Corners-Gasport Road, Robert E. Schultz; Lori A. Knobel to Karole G. Cumberland, $92,000.

NEWFANE

• Main St., Peterson Properties Inc; Patrick Forsyth; Beatrice Ann Kuwik; Patrick C. Forsyth; Deborah Rae Ryan; Bucher Peterson Partnership to 9187 Group Llc, $210,000.

• Main St., Jennifer L. Haag; Daryl J. Haag to 9187 Group Llc, $70,000.

• Million Dollar Highway, Susan E. Rhoat; Mary Y. Feeter; John M. Feeter to Anthony S. Porter Jr., $52,000.

TOWN OF NIAGARA

• Lockport Road, Cynthia A. Duvall-Palmer; Cindy S. Duvall; Cynthia A. Duvall to Eric J. Smith; Emily R. Smith, $114,000.

NIAGARA FALLS Highest price: $120,000 Average price: $58,400 Median price: $56,001 Number of Sales: 11

• Pasadena Ave., Jeffery P. Homick to John Pugliese, $120,000.

• Lockport Road, Cynthia A. Duvall-Palmer; Cindy S. Duvall; Cynthia A. Duvall to Eric J. Smith; Emily R. Smith, $114,000.

• Ralph Court, Diana S. Strablow; John H. Seyler to Philip J. Caggiano, $92,000.

• 76th St., Russell J. Ortman; Mary Jane Ortman to Scott C. Ortman, $80,000.

• 29th St, Richard Scipione; Larry Scipione; Lawrence Scipione to Bushra Jamil; Jamil Ahmed, $60,000.

• Walnut Ave., Daniel J. Montante to Shashi Patel, $56,001.

• South Ave., Lidia Zuccaro to Luke B. Bright, $42,400.

• Mang Ave., Judith A. Kramer; William E. Craft to Jamil Ahmed, $39,000.

• 519 22nd St., M&T Bank to Dora Properties, $16,000.

• 24th St., Cynthia Galbraith; Cynthia Felice to Sahota International Limited, $14,000.

• Niagara Ave., Susan M. Ungaro; Kyle R. Andrews to Dora Properties, $9,000.

NORTH TONAWANDA Highest price: $292,000 Average price: $112,410 Median price: $96,022 Number of Sales: 14

• 268 Robert Drive, Donald W. Schwendler to Petr Patsyukevich; Mariya Patsyukevich, $292,000.

• Wurlitzer Drive, Katia Sarokon; Brian L. Sarokon to Kenneth C. Horn Jr., $220,000.

• Daigler Drive, MCW Construction Inc. to Marsha Campbell, $159,900.

• Fairfax Ave., Chad Myers to Kathryn M. Kopf, $141,000.

• Warner Ave., Amy L. Rumbold; John S. McGinty; Amy L. McGinty to Kevin Sobol; Renee Larson, $116,000.

• Frontier Ave., Melinda Ann Wegrzyn; Melinda A. Galvin to Mark A. Rademacher; Jamie M. Molnar, $108,000.

• 656 Treichler St., Fannie Mae to Susan P. Fischer, $97,043.

• Oliver St., Bonnie Sarzyniak; Bonnie J. Kulikowski; Theodore J. Kulikowski to NT Port I Llc, $95,000.

• Lee Ave., Deborah A. Wilke; Roger B. Suter to Shannon Sweeney; Bryan Sweeney, $81,600.

• 435 Ward Road, Gary L. Zalewski; Barbara Zalewski to Matthew J. Witkowski, $80,000.

• 72 Old Falls Blvd., Marsha J. Phillips; Virginia H. Chesnutt; Howard M. Chesnutt to Marsha J. Phillips; David M. Phillips, $77,700.

• Linwood Ave., Winifred S. Sherk; Karen A. Davis to Christine E. Opera, $70,000.

• 339 Oliver St., 339 Oliver Llc to William E. Gersitz, $26,500.

• Schenck St. & Oliver St., Shirley F. Hahn; Karen Dipalma; Karen Caufield to Richard P. Winter, $9,000.

PENDLETON

• Cloverleaf Lane, Vanderbilt Properties Inc. to Kathryn Kennedy; Joel Kennedy, $376,950.

PORTER

• Glenvale Road, George D. Madill; Beverley J. Madill to Darcy Swenson, $185,000.

ROYALTON

• Royalton Center Road, Jeremy Neff; Erin R. Neff to Christopher M. David, $152,500.

• Niagara Road, Mary Anne Buddenhagen to Timothy Harvey; Nancy Garvey, $114,900.

• Freeman Road, Carol Travers to Narciso Chavez, $90,000.

• Royalton Center Road, Helen Cuoco; Albert Cuoco to Michael D. McGill; Jeanne H. McGill, $45,000.

SOMERSET

• Coleman Road, Rene R. Petti; Rene R. Mason to Julie M. Dodge; Bruce E. Beckwith, $185,000.

• 7770 West Somerset Road, Roger W. Gardner Sr. to Richard Chown, $45,000.

WHEATFIELD

• Spice Creek, Holly A. Lippa; Holly A. Failing to Douglas J. Deveso; Lindsey M. Darin, $254,000.

• 3748 Sage Court, Richard J. Jibb; Clare H. Jibb to Kristen A. Fish; Jason A. Fish, $249,900.

• Skylark Lane, Ryan Homes of New York; Nvr Inc to James R. Wentz; Ashley A. Wentz, $209,930.

• Skylark Lane, Ryan Homes of New York; Nvr Inc to Nicole L. McCullough; Nelson L. McCullough III, $206,165.

WILSON

• 174 Washington St., Patricia Ann Gregoretti; Daniel Gregoretti to Erik P. Sherman; Bobbi Jo Sherman, $119,500.
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Niagara Falls man admits shooting girl, 2

September 9, 2013, 12:47 pm
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LOCKPORT – Willie R. Scott Jr., who according to his attorney had vowed never to take a plea bargain, backed away from that position Monday and admitted he shot a 2-year-old girl in the face.

Scott, 33, of LaSalle Avenue, decided not to risk a life sentence as a persistent felon, which is what Niagara County Deputy District Attorney Doreen M. Hoffmann said she would have sought had she won a conviction in a trial.

Instead, Scott pleaded guilty to attempted first-degree assault, a reduced charge.

The maximum sentence for that conviction is 15 years, but the sides agreed to a 10-year limit. Also, Hoffmann agreed not to seek to classify Scott as a persistent felon, which took the life sentence off the table.

Niagara County Judge Matthew J. Murphy III scheduled sentencing for Nov. 4.

Scott shot the child Nov. 27 as she sat in a car parked outside the Hometown market on Pierce Avenue in Niagara Falls. Police believe Scott tried to shoot a man also in the car, but his aim proved faulty.

A witness said the shot came from another car.

The bullet remains lodged in the girl’s face. Hoffmann said at a prior court appearance that the victim has undergone several operations and faces more surgery in the future.

The conviction is Scott’s third felony count within 10 years, giving prosecutors the option of asking Murphy to declare Scott a persistent felon under New York’s version of the “three strikes” law.

He was previously convicted of drug-related crimes: fifth-degree criminal possession of a controlled substance in 2004 and third-degree criminal sale of a controlled substance in 2008.

“I know drug dealers who have gotten 12 years, so 10 years isn’t enough,” said Sharonda Platt, the girl’s mother.

“She was consulted. She approved of the plea before it happened,” Hoffmann said.

“I would rather go with the plea than have the chance he would walk away with nothing,” Platt said.

“This case was by no means a slam dunk for them,” defense attorney E. Earl Key said. “There was risk for them going to trial as well as us.”

Murphy asked Scott what he intended to shoot.

“I was shooting at a car, Your Honor,” Scott replied.

The judge did not ask Scott why he fired at the car

“We’ll explain everything at sentencing,” Key said.

The plea deal allows Scott to appeal a March 6 ruling by Murphy that removed Scott’s original attorney, Angelo Musitano, from the case because of a conflict of interest. Musitano had once represented Platt in a criminal case.

“The court made the decision without conducting a hearing, and [Musitano] thought it was a waivable conflict,” Key said.

Murphy said Platt, who would have testified at a trial, would have had to waive the conflict, too, and there was no indication she would have. The judge went along with Key’s promise that Scott would not appeal the conviction or the sentence, although Key said the plea would be overturned if an appellate court rules Murphy erred in removing Musitano.

email: tprohaska@buffnews.com
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Kidz “N” Kites to include dogs and cats

September 9, 2013, 1:31 pm
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TOWN OF NIAGARA – “Kidz ‘N’ Kites” is going to the dogs. Or rather, the dogs – and cats – are coming to “Kidz ‘N’ Kites,” on Saturday at Veterans Memorial Park, 7000 Lockport Rd.

The Niagara County SPCA has joined the huge list of entertainers at the annual event that has been providing fun activities for families for the last 16 years.

Registration will be at 11 a.m. for all children participating. The first 1,000 to register will receive an event t-shirt, a free hot dog lunch, the chance to win dozens of prizes, and, of course a kite. Fly time will by noon to 2 p.m.

There will also be clowns, face painting, a kite flying demonstration, the Niagara Falls Police Department Command Center, animal and wildlife rescue groups, the Niagara Falls Fire Department Safety House, the Elks Lodge Soccer Kick, the Steve Baldo Ford Soccer Skills Challenge, a car safety seat check, music by D.J. the Dee Jay, and the famous juggler, Nels Ross.

The rain date is scheduled for Sunday. For more information, please call 439-7602.
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Tonawanda Creek Road closed

September 9, 2013, 2:07 pm
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PENDLETON – Tonawanda Creek Road, between Campbell Boulevard and Bear Ridge Road was closed at about 2 p.m. today after a tractor trailer struck a utility pole at Tonawanda Creek and Old Tonawanda Creek Road and brought down wires in the area.

The road is expected to remain closed for another four to five hours according to the Niagara County Sheriff Department.
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Two drivers injured in crash

September 9, 2013, 2:09 pm
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NIAGARA FALLS – Two drivers were injured in a crash at Niagara Falls Boulevard and Packard Road at about noon today.

Both drivers were taken to Niagara Falls Memorial Medical Center with non life-threatening injuries.

The cause of the crash was not immediately reported and the Niagara Falls Traffic Office was unavailable for comment.
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Bicyclist struck in City of Lockport

September 9, 2013, 2:10 pm
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LOCKPORT – Police are investigating after a person on a bicycle was struck by a vehicle just before 3:30 p.m. today at Market and Exchange streets.

The person riding the bike, who was not immediately identified, was taken to Eastern Niagara Hospital in Lockport with undetermined injuries.

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Check point by North Tonawanda Police screens over 1,600 drivers

September 9, 2013, 2:17 pm
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NORTH TONAWANDA – Dozens of drivers were arrested or ticketed in a STOP-DWI sobriety checkpoint conducted by the North Tonawanda Police Department from 8 p.m. to 2 a.m. on Friday.

A total of 1680 motorists were screened as they drove through the checkpoint set up near the entrance of Fisherman’s Park.

One unnamed motorist was charged with drunken driving, another was arrested for aggravated driving while intoxicated; two were arrested for aggravated unlicensed operation and another charged with unlicensed operation.

Police also issued 18 summonses for uninspected motor vehicles, two for seatbelt violations, one for an open container of alcohol in a motor vehicle, one for uninsured motor vehicle, three for equipment violations, one for unsecured license plate, two for no-turn signals and one penal law violation for unlawful possession of marijuana.

North Tonawanda Police did not release names of arrested individuals.
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Cambria to hold public hearing on raising contributions for volunteer firefighters’ service

September 9, 2013, 5:28 pm
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CAMBRIA – The Cambria Town Board will hold a public hearing at 8 p.m. Thursday to consider local volunteer fire companies’ request to raise the town’s contribution to the firefighters’ service award program. The Town Board will vote Thursday on placing the matter on the Nov. 5 ballot.

The proposal is to raise the current award from $550 per year to $650 per year for each qualified firefighter, according to Cambria Supervisor Wright H. Ellis. He said this would currently affect 66 members of Cambria Volunteer Fire Company and Pekin Volunteer Fire Company, which both have had a defined contribution plan in place with the town since it became available in 1992.

The proposal is to raise the town’s annual contribution for the entire program from the current $40,000 per year to $45,000, which includes a $1,600 administration cost.

The program was established by referendum in the fall of 1991, going into effect in 1992. The public voted to increase the annual individual amount the qualified firefighters earned from $480 to $550 by a second referendum vote in 2005.

“The state has changed the law and allowed the maximum contribution to increase to $700 per qualified firefighter,” Ellis said. “The fire companies asked for an increase last year, but it was too late to get it on the November ballot last year.”

Harold Wollaber II, president of the Cambria Volunteer Fire Co., said that firefighters were earning around 8 percent interest annually on the town’s plan when it began. Firefighters cannot collect the awards until age 62.

“But now, I don’t think it’s even 1 percent interest,” he said. “This is why we’re asking for the increase. If we were getting the same interest rate as we had in the beginning, we wouldn’t be bothering the town for this. I’m a taxpayer, too, and I don’t like to see rates raised, but I think that if the public saw it in this light, they would understand it better.”

Ellis said the Town Board will vote on the matter Thursday following the public hearing in order to meet the deadline for the Nov. 5 ballot.

Ellis explained that under the defined contribution plan, firefighters must earn 50 points each year to qualify for the statewide program.

“They earn points based on active participation in their fire companies,” he said.
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Brooklyn owner of Eighth Street apartment building wants to construct boardinghouse

September 9, 2013, 7:05 pm
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NIAGARA FALLS – A downstate property owner wants to turn a vacant apartment building on Eighth Street and Pine Avenue into a boardinghouse with one-room units for 140 people.

However, a landlord group and a city official are raising concerns about the project because of how many people would be living in such a small area.

The owner of the property is Tzemach Tzedek C LLC, a company whose registration with the state Department of State lists a Brooklyn address and a name, Nediva Schwarz.

Seth Piccirillo, director of the city’s Community Development Department, sees the proposal as a test of the city’s “group living” law, which came into being with the support of area block clubs and took a lengthy amount of time to develop.

“I’m very concerned about this,” Piccirillo said of the proposal.

The proposed project would require a number of approvals from the city in order to move forward, including three variances and a special permit from the Zoning Board of Appeals and approval from the Planning Board.

The variances requested would allow:

• Each room be 70 square feet when the city’s minimum requirement for this type of residence is 120 square feet.

• A total of 140 rooms; city law limits the number of single-occupancy rooms at a property to 10.

• No off-street parking; requirements call for 70 off-street parking spaces.

The Zoning Board also would need to issue a special-use permit for the property to be used as a boarding or rooming house.

Robert Pascoal, president of the Landlords’ Association of Greater Niagara, said that while he understands the need for the idea of properties with single-room occupancy, he does not think this project is a good idea the way it’s being proposed.

Considering the variances being requested, Pascoal said he wanted to know if anyone has studied what the potential impact to the neighborhood might be.

Pascoal said he also thinks the project would be a “cash cow” for its owner.

Both Pascoal and Piccirillo said they were worried about properties that end up “warehousing people” by giving them space to live that’s too small to actually spend much time in.

The city enacted the “group living” law to prevent projects like this from moving forward, Piccirillo said.

“I would call this exactly the reason why the group home ordinance was put in place,” he said.

Schwarz, when reached briefly by phone on Monday, asked a reporter if he was interested in purchasing the property. When told no, she asked the reporter if he could call back in an hour. She did not answer a subsequent call.

Back taxes totaling more than $29,000 are also owed to the city and the city school district, according to city records.

Tzemach Tzedek C LLC also is delinquent on 2012 and 2013 Niagara County property taxes, according to the Niagara County Treasurer’s Office.

The company owes overdue county taxes of $2,712 for last year and $2,503 for this year.

Leonard Bevilacqua is a local broker who was hired as the company’s agent with the city. Bevilacqua recently had a medical issue, so his son, Vinnie, is handling the issue for the time being.

Vinnie Bevilacqua, who said he has not yet caught up on most of the project’s details, said it is proposed as housing for veterans.

Tzemach Tzedek C LLC bought the property for $250,000 from Jan Wisniewski in 2002, according to city property records.

The three-story building at 704 Eighth St. was constructed in 1940.

The Zoning Board will review the project at 5:30 p.m. next Tuesday in Council Chambers in City Hall.

The project would also need approval from the Planning Board, though the company has yet to make an application to that panel.

email: abesecker@buffnews.com
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New roof for Lewiston Senior Center is discussed by board

September 9, 2013, 7:09 pm
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LEWISTON – The Town Board debated the condition of the Lewiston Senior Center on Lower River Road on Monday as it grappled with a $150,000 estimate for a new roof for the center.

“Are we just throwing good money after bad?” asked Councilman Ernest C. Palmer.

Supervisor Steven L. Reiter told the board members that before any work can be done on the roof, they need to figure out where the money will come from.

“We are looking at a very costly repair,” Reiter said.

Town Engineer Ryan Smith said the new roof would be warranted for 20 years.

But Smith said that in his assessment, the entire building is not up to standards. In addition to the roof, the heating, ventilation and air conditioning unit and the lighting all need to be addressed, he said.

Smith said the roof made up the bulk of the costs.

“We could do a little lipstick work,” Smith said of patching the roof, “but that would only last about three years and you would be back doing it again.”

Reiter said the old linoleum floors are also old and need work.

“At what point do we cut our losses?” Palmer asked. “That’s a question we have to explore.”

The board will discuss the bid procurement for the roofing project and where the money for a new roof will come from at its next board meeting Sept. 23.

In another matter, the board agreed to a contract that will allow the Town of Porter to use the town’s dog control services for picking up strays.

The shared agreement will allow the Town of Porter to drop its contract with the SPCA of Niagara, which had been charging $1,000 per month to pick up stray dogs.

Lewiston Town Attorney Michael Dowd told the board at the last meeting that the Town of Porter averages about five or six strays per year, which meant it was paying about $2,000 for every stray.

Under the new agreement, the Town of Porter will pay Lewiston Dog Control Officer Dave Sheriff $100 to pick up strays during the day and $150 on overtime.

Kristen Ruest, the village veterinarian, will charge the Town of Lewiston $40 to $50 a day for dogs taken there, which will then be billed to the Town of Porter. The vet will hold dogs for up to five days until their owners can be found or they are adopted.

“That should control their costs and also help us with our budget a little bit,” Reiter said. “We turned to this arrangement with a local vet a few years ago and the Town of Porter is following our lead.”

Dowd said they began doing their own stray dog pickups in Lewiston about 10 to 12 years ago when costs to use the SPCA of Niagara for strays became too high.

Dowd said the Town of Lewiston has about 10 to 12 stray dog calls per year.

In another matter, Reiter said the Town of Lewiston and Senior Center parking lots are expected to be repaved over the next two weekends, weather permitting.

email: nfischer@buffnews.com
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