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Musician with Down’s Syndrome provides inspiration to others

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WHEATFIELD – Sujeet Desai plays seven instruments and has traveled the world performing in 13 countries as well as nearly every state in the U.S.

He has been honored by foreign dignitaries and competed internationally and won medals in the World Summer Special Olympics for swimming.

He has appeared on “Oprah,” “The View” and “20/20.”

He even has a second-degree black belt in tae kwon do.

The list goes on and on. At 32, he has accomplished more than most do in a lifetime.

And he has done it all after being born with Down syndrome.

“The main thing is not to give up,” Desai said of the message he tries to instill through his music. “You really need to find the beauty within a person – not how they look. True beauty.”

Desai, well-spoken and friendly, is a native of Syracuse, where he was a fixture in the Syracuse community, performing free concerts and offering motivational speeches in schools and nursing homes and before community groups. He moved here two years ago, following his parents to the Niagara Falls area.

His next goal – in addition to getting his third-degree black belt – is to spread his message of music, motivation and acceptance to Western New Yorkers.

He will perform a free holiday concert at 4:30 p.m. next Sunday in St. Paul’s Episcopal Church, 400 Ridge St., Lewiston. In addition to performing solos on clarinet, violin, alto saxophone and piano, he will perform duets with guest musicians and educate the audience on how he has worked to overcome the limitations of his disability.

His biggest fan and his manager is his mother, Dr. Sindoor Desai. She and her husband, Dr. Shard Desai, both natives of India, are retired Syracuse-area dentists. They moved to the area to be closer to their other son, Ninad, and their grandchildren. Sujeet relocated with them.

But the move also brought changes for Sujeet, who for the first time, with the help of a support staff, has been able to live in his own house and is starting to learn to drive. He also has a job teaching computer skills to clients at Opportunities Unlimited.

But Sindoor Desai said her son is still building his musical reputation in Western New York. His Lewiston concert will be his first in Niagara County.

She speaks of her son’s abilities, not disabilities, and is an outspoken advocate reaching out to other parents.

“Whatever you can expose them to is good,” she said, noting that he began playing violin at age 9 to increase hand-eye coordination.

Learning the clarinet and swimming taught him breath control, which was good for his facial muscles and speech.

“I think multiple intelligences is unknowingly what Sujeet uses,” she said, adding that when they travel, she’s the one who gets lost, not her son. And she freely admits that he’s much better with computers than she is.

“I want to tell people this can be done,” she said. “Thirty-two years ago when he was born, there was no inclusion. I fought for him. I wrote papers. They were not going to even allow him to go to the dentist, so I did his root canal when he broke a tooth when he was 3.”

And he has taken learned skills much further than anyone could have imagined. He has performed all over the world and won swimming silver and gold medals in the individual and relay events in the World Summer Special Olympics in 1999.

Sujeet said he loves living in the Buffalo area, the Buffalo Bills and being on his own. He said he also loves swing and jazz, and he recently joined a jazz trio.

“As far as music – he’s top of the world,” said Sindoor Desai.

For more about Sujeet’s life, information about bookings, or to purchase his CDs, go to www.Sujeet.com or contact him via email at sindoordesai@roadrunner.com.

email: nfischer@buffnews.com

Niagara County Real Estate Transactions

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CAMBRIA

• 3544 Upper Mountain Road, Dawn Ryan; John Ryan to Kristie L. Slack; Erric R. Slack, $258,000.

• 5181 Kennedy Crescent, Donald J. Blatner; Melissa A. Blatner to Sirva Relocation Credit, $176,000.

• Kennedy Crescent, Sirva Relocation Credit to Michael B. Butz; Sara M. Butz, $176,000.

HARTLAND

• County Line Road, Eric L. Neace to Dacoda Dairy, $52,000.

LEWISTON

• River Road, Karen J. Hamill; Charles P. Hamill III to Ann E. Killian; Richard S. Dalexander, $999,000.

• Center St. & Niagara St., Coz Inc. to Off The Air Llc, $380,000.

• Elm Drive, Jerry Slipko to Albert Giovannucci Jr., $154,000.

• 722 Tuscarora St., Anne Defazio; Mary Jane Defazio to Phyllis A. Raimondi, $133,000.

• 4418 Townline Road, Michael B. Butz to Caitlin E. Cooley, $119,000.

• Anwill Condo/Unit 15, Inga Edelsward to Kimberly Kargatis, $60,000.

• Townline Road, Chris R. Zastrow; Lynette M. Zastrow to Jane A. Sherwood; Barbara L. Wendt, $10,000.

LOCKPORT

• 76 Elmwood Ave., Arthur J. Ritter; Joann E. Ritter to Michael M. Mulligan, $61,000.

• 375 North Transit St., Daniel R. Shaver to Anthony Butera, $60,000.

• Elmwood Ave. & Evans St., Robert Williams to Robert G. Landsittel; Karen E. Landsittel; Amanda L. Landsittel, $54,000.

• L48 Chestnut St., Paul D. Root to John W. Payne, $17,500.

TOWN OF LOCKPORT

• Congressional Drive, Thomas B. Verdi to Christopher Weber, $185,000.

• Academy Lane, Sarah Simon; Robert J. Simon to Michael T. Schultz, $97,400.

NEWFANE

• Howell Ave., Patricia J. Stoops to Kathleen M. Anderson; Ronald E. Anderson, $75,000.

• Lockport-Olcott Road, Kathleen Brickell; Nancy L. Coleman; Joan Brickell to Kenneth E. Coutts; Barbara J. Coutts, $33,000.

NIAGARA FALLS Highest price: $106,000 Average price: $36,487 Median price: $22,800 Number of Sales: 15

• 61st St. & John Ave., Cara Levesque; Jason Levesque to Emily T. Patterson; Robert J. Hickey, $106,000.

• Cleveland Ave., Barbara Baran-Ettipio; Nanette F. Baran-Roffle; Barbara J. Baran Centeno; Eleanor L. Baran to Sivakanthan Pathmanathan, $72,000.

• 85th St., Ernest P. Kraft; Cheryl L. Kraft to Jacob M. Myles, $65,000.

• Sutton Place Condo/Unit 43, Christina M. Leta to Richard Owen Fleck III, $53,000.

• Woodlawn Ave., Lucia F. Sellek to Melanie E. Gee; Chad S. Gee, $42,000.

• 464 22nd St., Matthew Carpenter to Shieke Brown, $41,500.

• Chapin Ave., Edward S. Krecisz; Rita E. Krecisz to Joann B. Ratner, $38,000.

• Cudaback Ave., Allyson Butler Blake; Alexander Daniels; Freda D. Daniels to Allyson Butler Blake, $22,800.

• East Falls St., James C. Paglino; Suzanne C. Paglino to George Jones, $22,500.

• Ontario Ave., Donna Harris to Kevin Seaman; Equity Trust Co., $18,500.

• 1717 Hyde Park Blvd., Fannie Mae; Mae Fannie to Robert Benevento, $16,000.

• 24th St., Sylwia Urbanska to Kevlola Llc, $15,500.

• 25th St., Sylwia Urbanska to Kevlola Llc, $15,500.

• Chestnut St., RJF Student Properties Inc. to KC Erie Niagara Properties, $12,500.

• Elmwood Ave., Patricia Gratto; Timothy L. Gratto Sr.; Timothy L. Gratto Jr. to KC Erie Niagara Properties, $6,500.

NORTH TONAWANDA

• Meadowbrook Drive, Sharon Pirinelli; Gary F. Pirinelli to Jason M. Miller; Erin M. Miller, $142,708.

• Deerfield Drive, Thomas P. Czerwinski to Lauren E. Brosius, $129,900.

• South Dean Drive, Lori A. Milleville to Renee L. Espinosa, $103,000.

• Bennett St., Jillmarie Waldorf; Kenneth R. Krasowski Jr. to Steven R. Chapman; Amanda L. Eberle, $102,100.

• Robinson St., William K. Bigham to Charles H. Watson; Deborah A. Bigham, $68,000.

• 184 Humphrey St., Brian Joseph Larson; Linda A. Larson; Linda A. Swartz to Derek E. Anthony, $66,780.

PENDLETON

• Beach Ridge Road, Helen Stockman; Gerald T. Stockman to Joseph D. Farace, $34,300.

• Beach Ridge Road, Clarence Robert Miller; Esther A. Miller; Clarence R. Miller to Anne M. Kudla, $28,500.

ROYALTON

• Royalton Center Road & Dale Road, Carol E. Bayne; Elizabeth A. Wagner to Jeffrey J. Smith, $80,000.

• 7560 Dysinger Road, Paul Siuta to Harry O. Moehlau; Earnest R. Moehlau, $5,000.

• Dysinger Road, Paul Siuta to Harry O. Moehlau, $5,000.

WHEATFIELD

• Katherine Drive, Susan K. Kindzia; Anthony J. Kindzia Jr. to Erik Nowakowski; Deborah Nowakowski, $182,000.

• Ward Road, Beverly J. Ziemendorf to Claudia A. Ferchen, $152,500.

• Knottingwood Drive, Willow Development to GT Custom Built Homes Inc., $20,000.

WILSON

• Beebe Road, Ann Nugent-Baker; Ann M. Rohring to Joshua Haseley; Kelly A. Haseley, $145,000.

• Lake St. & Chestnut St., A. William Jones; Terry J. Goad; Maxine G. Jones to Fighting Irish Rentals Inc., $60,000.

Falls referendum seeks public approval for land transactions by School District

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NIAGARA FALLS – The city School District wants to get rid of some land that it owns, but first it needs permission from voters.

A referendum will be held Wednesday, giving the public the chance to weigh in on four proposals.

The first question being asked of voters is whether they approve of the district selling the former administration building at 607 Walnut Ave. and a former warehouse at 543 Sixth St. to Housing Visions, a Syracuse-based nonprofit, for $10,000 each.

The organization has proposed creating about 42 units of affordable housing at eight total properties: the two school district parcels; 533 Fifth St., which is owned by the YWCA of Niagara; four formerly city-owned parcels on Seventh Street; and a formerly city-owned vacant lot at 617 Walnut.

“Walnut Avenue Homes will fundamentally transform the distressed neighborhood on a large and comprehensive scale by eliminating blight and improving residents’ quality of life,” the organization said in a statement about its project.

Two of the Seventh Street properties are vacant homes, while the other two are empty lots. The City Council unanimously approved the sale of those lots Oct. 28. The Planning Board has recommended that the Council sell 617 Walnut, though lawmakers have yet to take an action on the matter.

The School Board already has approved the sale of its properties in mid-October, and the city’s Community Development Department is an ardent supporter of the project.

Housing Visions estimates that the total project will cost $12.9 million. It has targeted several funding sources: low-income housing tax credits, a loan from Homeless Housing Assistance Corp., a loan from the state Housing Trust Fund and a $300,000 grant from the city’s share of U.S. Department of Housing and Urban Development funding, along with state and federal historic rehabilitation tax credits.

The project, which has been in the public eye since earlier this year, began around a partnership between the YWCA and Housing Visions as the YWCA was looking for housing units for women who progress through programs at Carolyn’s House, which offers assistance to homeless women and children, many of whom are victims of domestic violence. Under the proposal, there would be 13 such units built on Fifth Street.

Fourteen units for participants in the Section 8 housing program would be part of the entire project.

Proposition No. 2 asks voters to approve the sale of the former South Junior High School on Portage Road, between Ferry and Walnut avenues, to CB-Emmanuel Realty, a Queens-based developer, for $66,000.

The company, which had done projects in Harlem, Brooklyn and the Bronx, has proposed a project called Niagara City Lofts, which would create 64 apartments, as well as 23,000 square feet of commercial space.

The apartments will be designed as “workforce housing” and marketed toward younger tenants, project officials have said. No Section 8 housing is planned as part of the project.

Niagara Falls Memorial Medical Center has expressed interest in the commercial space.

The School Board approved the sale in October.

Under the deal, CB-Emmanuel would be required to renovate the building or demolish it, with that cost estimated at $1.3 million.

If the proposal goes through, a community benefits agreement will go into effect, which will include the establishment of an emergency loan fund for neighboring properties.

“Our concept has always been if you preserve and work with the residents around you, you will win, and they will win,” Ben Upshaw, a principal with CB-Emmanuel Realty, told city lawmakers last week.

Both the Walnut Avenue Homes and Niagara City Lofts projects saw proposed payment-in-lieu-of-taxes agreements rejected by the Council last week, though both developers said the rejection will not derail the projects.

The failure to pass the agreements will hurt the two organizations in their applications for other public funding, said Seth A. Piccirillo, head of the Department of Community Development.

Upshaw, who lives in Lockport, told the city Planning Board last month that the units would be ready in 2015.

That timetable is likely to be pushed back, Upshaw said last week.

The developers of both projects are applying this week to the state for the low-income housing tax credits.

Proposition No. 3 would officially transfer 11 lots on Jerauld and North avenues to the city for $1. The land, about 1.6 acres, is already used as “improvised park space,” Mayor Paul A. Dyster said last week.

Proposition No. 4 would transfer a 0.075-acre slice of Legends Park, where a storage building is located, to the city for $1.

Dyster said he encourages all residents to support each of the proposals.

Polls will be open from noon to 9 p.m. Wednesday at eight polling sites: Maple Avenue, Kalfas, Abate, Hyde Park, Niagara Street, G.J. Mann and 79th Street elementary schools, as well as LaSalle Preparatory School.

To look up your polling place, visit www.ntsdata.net/niagarsd/pollingplacelookup.aspx or call District Clerk Ruthel D. Dumas at 286-4204.

email: abesecker@buffnews.com

Niagara County Courthouse giving tree seeks gifts for 3 charities

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LOCKPORT – For the ninth consecutive year, Niagara County Courthouse employees have erected a “Giving Tree” in the building and are seeking gifts from county workers and the public to benefit three local charities.

This year’s beneficiaries are Casey House, a Niagara Falls shelter; the Twin Cities Outreach Clothes Closet in North Tonawanda; and the Salvation Army in Lockport.

Gifts sought for placement under the tree include new and unwrapped winter clothes, family hygiene products, art and school supplies, crafts, sports balls, duffle bags and backpacks, and board games suitable for ages 12 to 17.

Cash donations also are welcomed at the major offices in the courthouse. The deadline for donations is Dec. 17.

Wheatfield seeks applicants for 2014 appointments

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Town seeking applicants for variety of positions

WHEATFIELD – The town is seeking applicants for a wide variety of 2014 appointments, with résumés due by Dec. 16.

The posts to be filled include town attorney, town engineer, town prosecutor, town historian, plumbing inspector, constables, bingo inspector, members of the Planning Board and the Zoning Board of Appeals, a senior leader, a ceramics teacher for seniors and a volunteer member of the Comprehensive Planning Committee.

Résumés should be sent to Town Clerk Kathleen Harrington-McDonell at Town Hall, 2800 Church Road, North Tonawanda, NY 14120.

Bail jump suspect found hiding under a mattress

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NIAGARA FALLS – The United States Marshal Felony Task Force found a man wanted on a felony warrant hiding in a bedroom under a mattress and forcibly arrested him at 10 a.m. Monday in the 1600 block of Eighth Street.

Steven J. Chuilli, 30, was arrested at his home and charged with bail jumping, second-degree criminal mischief, fourth-degree grand larceny and resisting arrest.

Task force members said a woman answered the door and said he was not home. A search of the residence found Chuilli hiding under the mattress, laying on his stomach with his hands under his stomach.

Four officers tried to take him into custody and said he refused to comply with commands to place his hands behind his back. A stun gun was used to force him into compliance, according to officers.

Chuilli was taken to Niagara Falls Memorial Medical Center to be checked and then taken into custody.

Holiday parade to light up Newfane’s Main Street Friday

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NEWFANE – Santa will arrive by horse-drawn wagon to kick off the Holiday Light Up and Parade at 5:30 p.m. Friday on Main Street.

Area volunteer fire company trucks decorated with Christmas lights will help guide Santa’s parade path, joined by animals appearing in Grace Bible Church’s Living Nativity and other festive holiday participants.

The event is sponsored by the Newfane Business Association, First Niagara, Budwey’s, the Newfane Lions Club and Town of Newfane.

Anyone interested in participating in the parade may call Tammy Dodge, event chair, at 778-8558, Ext. 2232.

Global Tourism Institute proposed for Niagara Falls

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NIAGARA FALLS – A tourism mecca at the edge of one of the world’s most famous natural attractions.

That’s the idea behind Niagara University’s plans to establish a center for high-tech innovation in the tourism in downtown Niagara Falls.

Called the Niagara Global Tourism Institute, it would be the second institution of higher learning to set up shop downtown, after Niagara County Community College opened its highly successful Niagara Falls Culinary Institute last fall on Old Falls Street.

Niagara University envisions the tourism institute would be both a learning space for students in the school’s existing college of hospitality and tourism as well as a center where cutting-edge innovations in tourism are developed to help market and develop Niagara Falls.

Given existing regional assets and proposed developments, the university wants to “provide a continuum of support for the development of tourism as a major driver of the economy of Western New York,” said Bonnie Rose, Niagara’s vice president of academic affairs.

“What the Niagara Global Tourism Institute is really all about is providing a unique resource that is suited to the tourism sector in the Buffalo Niagara region,” Rose said, “and that really will provide catalysts, information and human resource development to help the industry, or the sector, to deliver on the economic contributions that we should see from that sector.”

The first phase of the project is a $415,000 effort.

The Western New York Power Proceeds Allocation Board in November recommended the project receive a $250,000 grant from the New York Power Authority.

The university, which has committed the balance of the funding to make the first phase happen, is talking with the city and USA Niagara Development Corp., the state’s economic development arm in the Falls, about potential space for the institute, Rose said.

The institute will be led by Eddie Friel, a tourism professor and expert-in-residence at Niagara.

One of the first sets of research of the institute will be to “map out the assets that we have” in Niagara Falls and its surrounding area to help Niagara Falls compete better with its Canadian counterpart, Rose said, including attractions, gaming centers and major hotels.

“Just drawing that data together, it provides a solid foundation for future planning,” she said, “because in today’s world, our competitors – we do have to compete with the world when we want to bring people to Niagara Falls – whether in Cleveland or China, help people put together packages that are unique to their interests.”

The institute will also focus on being a source in the high-tech industry developing around tourism, Rose said.

Travelers today expect to be able to plan and book a trip online and put packages together themselves.

Building applications for mobile devices and working with “virtual reality labs” are two examples Rose cited for the technological components the institute will be involved in.

The virtual reality labs provide simulations of tourism experiences for marketing purposes as well as a visitor’s own experience. Rose called them “very important to the industry.”

But they’re expensive and sophisticated to use, which is where the Global Tourism Institute will step in to help use and train others to use them, she said.

The institute will also help new and growing tourism businesses with incubator space focused on small businesses and entrepreneurs.

Another element of the institute will be job training.

Rose said there is no timeline set for when the institute may open, but she said she expects the first year will include providing support services for the hospitality and tourism sector, while the center should be fully up and running by year three.

Niagara University’s planned institute stems from research done by Millier Dickinson Blais, a Canadian firm.

Mayor Paul A. Dyster said the city supports the project, which he described as part of the city’s strategy to partner with educational institutions, particularly for the revival of the tourism industry and the city’s downtown.

“If we stick with the way tourism was done 50 years ago, we’re going to be left in the dust by our global competitors,” Dyster said.

Officials hope the institute is among several centers of excellence internationally in 10 years, said Dyster, who sits on Niagara University’s board of external advisors.

“If we’re going to be on the cutting edge of the global tourism industry, we have to be at the forefront of the development of those technologies,” the mayor said.

Dyster also said NU’s Global Tourism Institute has a “close relationship” with the long-proposed Niagara Experience Center, an ambitious but never-realized plan for a top-of-the-line interactive museum in the Falls.

Positive news for one means positive news for the other, the mayor said.

Developing this project in the Falls was important to NU, Rose said, because it would help an industry that provides jobs for anyone looking to get into the workforce, which helps people become more productive citizens and fight against poverty.

“We feel a strong drive – the same kind of drive that has made our programs so well known around the world really,” Rose said. “We feel a strong commitment and drive to bring everything we have home to Niagara Falls and Western New York as quickly as possible to help support turning this industry around.”

email: abesecker@buffnews.com

Human remains found in wooded area of Town of Lockport

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LOCKPORT – The remains of a man believed to have been at least 50 years old were found Sunday in a wooded area in the Town of Lockport, State Police said Monday. Investigators estimated that the remains may have been in the field for about three years.

Officers are working with county coroners and local police to try to identify the remains. Foul play is not suspected, but anyone with information about missing persons of that age bracket is asked to contact the State Police Lockport Bureau of Criminal Investigation office at 716-434-5589.

Heroic bus driver will speak to Cub Scouts

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Darnell Barton, the Buffalo bus driver who has been hailed as a hero for preventing a woman from jumping off a Buffalo overpass, will speak to the North Tonawanda Cub Scout Pack 185 at 6:30 p.m. today in St. Mark’s Lutheran Church, 1135 Oliver St.

After hearing of his heroism in October, the pack started a bottle drive and a “Go Fund Me” account on the Internet, raising more than $1,000 to benefit Barton’s planned suicide-prevention foundation.

“We were talking about good deeds when we were doing classes at the den meetings, and his name was brought up because it had just recently happened,” said leader Dan Klaes. “They all thought he was a hero and thought it would be nice to recognize him for doing something nice.”

Klaes said that at the bottle drive’s conclusion Saturday, they had collected a total of 5,000 cans and bottles. Donations can continue to be made at www.GoFundMe.com, and clicking on Darnell Barton.

Santa will arrive Friday to launch parade, light display

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NEWFANE – Santa Claus will arrive by horse-drawn wagon to kick off the Holiday Light Up and Parade at 5:30 p.m. Friday on Main Street.

Area volunteer fire company trucks decorated with Christmas lights will help guide Santa’s parade path, joined by animals appearing in Grace Bible Church’s Living Nativity and other festive holiday participants.

The event is sponsored by the Newfane Business Association, First Niagara, Budwey’s, the Newfane Lions Club and Town of Newfane.

Anyone interested in participating in the parade may call Tammy Dodge, event chairwoman, at 778-8558, Ext. 2232.

Injured worker awarded more than $10 million for N. Tonawanda injury

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An Arcade man who suffered back injuries in a 2007 workplace accident at a North Tonawanda recycling plant was awarded more than $10 million last week.

A State Supreme Court jury awarded $10.1 million to Kirby J. Colling, 28, who sued Frontier Fibers after the Feb. 12, 2007, accident at its Mechanic Street plant.

Colling, who was 21 when he was hurt, was delivering documents to be shredded at Frontier for his employer, Hanes Supply, a Buffalo contractor and industrial supplier, according to the suit.

At the recycling plant, a Frontier forklift driver rounded a corner and pushed a heavy pallet of shredded materials into Colling, pinning him against a shredder machine, said Anne B. Rimmler of the Paul William Beltz law firm, who represented Colling.

Justice Donna M. Siwek presided at the trial.

The award included more than $2 million for past and future medical expenses, nearly $4 million for the loss of past and future earnings, more than $3.2 million for past and future pain and suffering, and more than $848,000 for loss of past and future household services, Rimmler said.

The forklift operator, a recent hire, had not been properly trained and certified to operate the forklift, she said.

Colling suffered a fracture and other injuries to his lower back and was required to undergo two surgical procedures, including artificial disc replacement. He also faces additional medical procedures throughout his life, his attorney said.

The accident left Colling disabled and unable to pursue a career in law enforcement, according to his attorney. He has an associate degree in criminal justice from Niagara County Community College. He was attending SUNY Buffalo State when the accident occurred. He had served as an intern for several law enforcement agencies in Niagara County and had passed an exam to become a Buffalo police officer. But he was unable to take the physical agility test because of his injuries.

Since the accident, Colling has held several part-time jobs, including as assistant wrestling coach at Pioneer Central High School, where he had been a state and regional wrestling champion, according to his attorney. He also wrestled at NCCC.

email: jstaas@buffnews.com

Arcade man awarded $10 million for disabling workplace accident

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An Arcade man who suffered back injuries in a 2007 workplace accident at a North Tonawanda recycling plant was awarded more than $10 million last week.

A State Supreme Court jury awarded $10.1 million to Kirby J. Colling, 28, who sued Frontier Fibers after the Feb. 12, 2007, accident at its Mechanic Street plant.

Colling, who was 21 when he was hurt, was delivering documents to be shredded at Frontier for his employer, Hanes Supply, a Buffalo contractor and industrial supplier, according to the suit.

At the recycling plant, a Frontier forklift driver rounded a corner and pushed a heavy pallet of shredded materials into Colling, pinning him against a shredder machine, said Anne B. Rimmler of the Paul William Beltz law firm, who represented Colling.

Justice Donna M. Siwek presided at the trial.

The award included more than $2 million for past and future medical expenses, nearly $4 million for the loss of past and future earnings, more than $3.2 million for past and future pain and suffering, and more than $848,000 for loss of past and future household services, Rimmler said.

The forklift operator, a recent hire, had not been properly trained and certified to operate the forklift, she said.

Colling suffered a fracture and other injuries to his lower back and was required to undergo two surgical procedures, including artificial disc replacement. He also faces additional medical procedures throughout his life, his attorney said.

The accident left Colling disabled and unable to pursue a career in law enforcement, according to his attorney. He has an associate degree in criminal justice from Niagara County Community College. He was attending SUNY Buffalo State when the accident occurred. He had served as an intern for several law enforcement agencies in Niagara County and had passed an exam to become a Buffalo police officer. But he was unable to take the physical agility test because of his injuries.

Since the accident, Colling has held several part-time jobs, including as assistant wrestling coach at Pioneer Central High School, where he had been a state and regional wrestling champion, according to his attorney. He also wrestled at NCCC.

email: jstaas@buffnews.com

Niagara Falls man accepts plea deal in gun case

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LOCKPORT – A Niagara Falls man pleaded guilty to possession of a gun as his trial was about to begin Tuesday in Niagara County Court.

Anthony Bogan Sr., 55, of LaSalle Avenue, admitted to a reduced charge of attempted second-degree criminal possession of a weapon and was scheduled for sentencing Feb. 5 by County Judge Matthew J. Murphy III. The maximum sentence is seven years in prison. Ther loaded handgun was found when Niagara Falls police raided his home looking for drugs Feb. 13, authorities said.

Police said they also found a quantity of marijuana during the raid.

Woman, live-in boyfriend given probation for thefts from employers

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LOCKPORT – A Newfane woman and her live-in boyfriend appeared before Niagara County Judge Matthew J. Murphy III Tuesday for sentencing over thefts from their former employers.

Christine Gardner, 42, of West Avenue, was placed on seven months of interim probation, pending a final sentencing decision for fourth-degree grand larceny. Gardner was ordered to begin paying restitution at a rate of at least $4,200 a month to the McCarty Insurance Agency, from which she stole $10,153.60 while working there in August and September 2012.

Ricahrd E. Cavagnaro, 45, was restored to five years’ probation by Murphy after having violated its terms. The Erie County District Attorney’s Office said Cavagnaro pleaded guilty in December to fourth-degree grand larceny for stealing $7,500 worth of building materials, including copper, from one of his employer’s job sites in Erie County.

Murphy said he has no evidence to prove it, but he wondered if Cavagnaro suggested that Gardner commit her thefts.

“It’s suspicious to me that he stole money from his employer and you stole money from your employer,” Murphy told Gardner.

Man awaiting surgery placed on probation for selling morphine

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LOCKPORT – A Niagara Falls man who is awaiting hip surgery, according to his attorney, was placed on five years’ probation Tuesday for selling morphine to a police informant in Niagara Falls last year.

John S. White, 54, of Falls Street, had pleaded guilty before State Supreme Court Justice Richard C. Kloch Sr. to fifth-degree criminal sale of a controlled substance for the Feb. 21, 2012, sale.

In a drug case before Kloch Monday, Terry Cauley Sr., 46, of Peachtree Road, Cheektowaga, admitted to fourth-degree criminal possession of a controlled substance and was scheduled for sentencing Feb. 10.

On March 17, Niagara Falls police stopped a car Cauley was driving and found .16 ounces of cocaine. His cousin and passenger, Ian L. Lightfoot, 35, of Niagara Falls, still faces felony drug charges over the incident. Police allegedly found $3,070 in Lightfoot’s pocket, but Cauley admitted ownership of the cocaine, according to police.

Town of Lockport plans $16.9 million in water and sewer repairs

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LOCKPORT – The Town Board is expected to vote tonight to schedule a Jan. 8 public hearing on borrowing $16.9 million to replace a long list of leaky water and sewer lines throughout the town.

Town Supervisor Marc R. Smith said Tuesday that the work is expected to begin late in 2014 and continue through 2015 and 2016.

The list of repairs presented to the board by Town Engineer Robert D. Klavoon at a work session Monday includes $14.1 million worth of replacement water lines and $2.8 million worth of sewer repairs.

Water lines are to be replaced on South Transit, Bowmiller, Ernest, Keck, Slayton Settlement, Purdy, Leete, Upper Mountain, Junction and Chestnut Ridge roads, Shimer Drive and Beattie Avenue.

The sewer work includes repair work on pump stations in the town industrial park, at the Niagara County Jail and on Keck Road; flushing the Tonawanda Creek Road sewer after a look inside with remote controlled TV cameras; and $1.5 million worth of “slip-lining,” which inserts new linings inside leaking lines.

The town has received an estimate that its bond issue to obtain the money will carry an annual interest cost of less than 3 percent for a 20-year repayment schedule.



email: tprohaska@buffnews.com

Wheatfield hires new e-waste recycler

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WHEATFIELD – The Town Board has voted to hire a new electronics recycling company, so the town can continue to receive some payments for its e-waste.

Sunnking of Brockport will pay the town 4 cents per pound of electronics dropped off for recycling, Town Attorney Robert J. O’Toole said Monday.

However, there is an exception to that; the company will not pay anything for “CRT waste.” That refers to cathode ray tubes, which used to produce the pictures on most TV sets and computer monitors. The flat-screen revolution has quickly relegated tube TVs to the discard pile – literally.

They are being thrown away in massive quantities, and the resulting glut has caused a depression in the market for e-waste materials.

Regional Computer Recycling and Recovery, the town’s former hauler, was paying the town 6 cents a pound, Supervisor Robert B. Cliffe said.

“They sent us a notice adjusting the contract going forward: They would still pick up our stuff, but they wouldn’t pay us for it,” he said. “And they added some rules and regulations about how they want things packaged, certain materials they don’t want and would have to charge us to handle. Sunnking, being a new player on the block, is still willing to pay us something for our materials. It’s not a lot. … It’ll be a couple thousand dollars a year without an additional charge.”

The Town of Lockport made a similar move in October, replacing RCR&R with Sunnking after the former firm said it would no longer collect CRTs.

In another matter Monday, the board set a Jan. 27 public hearing on a zoning amendment that would limit developers to erect fewer buildings in planned unit developments.

O’Toole said the concept of limiting density was proposed by the Planning Board and didn’t pertain to any specific project.

The board did not act on a $20,000-a-year contract renewal with the SPCA of Niagara for dog-control services. Cliffe said the town is still considering the idea of placing a dog-control officer on its payroll, as it did until a few years ago.

Also put off until Dec. 16 was a vote to create a local development corporation to make loans to businesses in the town. Cliffe said that was because no one had been chosen yet for the proposed corporation’s seven-member governing board.

A proposed contract amendment with the Teamsters Union, which represents some town employees, also was removed from the agenda. The provision is being negotiated, Cliffe said.

It would allow union members who become department heads or deputy department heads to continue to accumulate seniority in the union and would guarantee a return to a unionized job if the town decides to make a change in the supervisory position.

O’Toole said that provision could apply to Deputy Recreation Director Michael Ranalli, who is the acting department head because of Edward Sturgeon’s suspension, and to Deputy Highway Superintendent Gregory Martin.

email: tprohaska@buffnews.com

SAFE Act’s provisions generate fallout in Niagara Legislature

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LOCKPORT – The state’s SAFE Act was a featured topic at Tuesday’s meeting of the Niagara County Legislature as lawmakers declined to exempt retired police officers from it, and opposed the use of the county seal in implementing some of its provisions.

The Legislature passed a resolution opposing the state’s use of the county seal on the certificates for the five-year pistol permit renewals required under the Secure Ammunition and Firearms Enforcement Act. Also barred from SAFE Act use was the seal of the Niagara County Sheriff’s Office.

Legislator John Syracuse, R-Newfane, who co-sponsored the measure with Majority Leader Richard E. Updegrove, R-Lockport, and Legislator Paul B. Wojtaszek, R-North Tonawanda, said Cattaraugus County and the state County Clerk Association have passed resolutions decrying the use of county seals on the renewals, which are the result of State Police background checks mandated by the SAFE Act.

Permit applications are still reviewed by the county pistol permit office, Syracuse said. He noted that the County Legislature unanimously passed a resolution Feb. 19 calling for repeal of the SAFE Act. “I don’t want to have this misconstrued, that we’re in any way taking part in the implementation of the SAFE Act,” Syracuse said.

Sheriff James R. Voutour said he doesn’t want his office’s logo used on any state website or printed material about the SAFE Act.

The Legislature passed a resolution for local implementation of a federal law that lets retired police officers carry concealed firearms as long as they can qualify by passing the same weapons test active officers must take every year.

However, the county altered the terms by applying it only to retired sheriff’s deputies and requiring them to hold valid state pistol permits and declaring that all the retirees “will be subject to all provisions of the New York State SAFE Act.”

Gordon F. Botting Jr., vice chairman of the Niagara County chapter of the Shooters Committee for Political Education, said during the public comment period that his group opposes “any special privileges or carve-outs” for retired law enforcement officers. “Why are they any different from us when we retire?” Botting asked in an interview. “We all have carry permits and have to renew them.”

Syracuse said the county resolution “does not carve out anything special” for retired deputies. However, he said, the county must respond to a 2004 federal law that allows retired police officers to carry guns across state lines.

Also Tuesday, the Legislature:

• Distributed $1.5 million in mortgage tax receipts to cities, towns and villages, a 24 percent increase over a year ago.

• Allowed the Sewer District to spend $472,700 on emergency repairs to pumps and a deteriorating steel floor at its plant at Mapleton and Lockport roads in Wheatfield.

• Approved a five-year contract for state reimbursement for cleaning expenses at the courthouse in Lockport, the Angelo DelSignore Civic Building in Niagara Falls, and the records storage buildings in Lockport. The state is expected to pay the county more than $520,000 a year for the services.

email: tprohaska@buffnews.com

Plan to haul former Legion post to museum wins Greenway funding

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WHEATFIELD – Funding for a plan to move a 187-year-old Sanborn building last used as an American Legion post to the grounds of a farm museum was approved Tuesday by the committee that controls Niagara River Greenway funding in Niagara County.

The Host Communities Standing Committee unanimously approved the $175,000 request from the Sanborn Area Historical Society.

Society vice president William Read said work will begin as soon as the money is in hand.

Sanborn American Legion Post 969 donated the building at 5866 Pearl St. to the historical society last year. The plan is to lift the building off its foundation and haul it to an old railroad track bed nearby and move it to the grounds of the society’s Farm Museum at 2660 Saunders Settlement Road.

It won’t be the first time the 40-foot-by-25-foot wooden building has been moved. The society’s funding application said the building was originally erected in 1825 or 1826 on what is now Cambria-Lewiston Townline Road, near the pass through the rock of the Niagara Escarpment known as the Pekin Cut.

It was originally used as a Methodist Episcopal church and later as a Presbyterian church. Sometime between 1865 and 1874, the building was lifted onto wooden rollers and pulled by horses from the hamlet of Pekin to Pearl Street in Sanborn; its steeple was removed at that time, but the Historical Society’s restoration plan would erect a new one.

The building, called the Sanborn Union Hall, was used again by the Methodist Episcopal congregation. In 1888, a Mennonite congregation bought the hall and used it until 1936, when it was sold to the First Baptist Church of Sanborn.

The Baptists sold the building to a local woman in 1940, and the American Legion took over the structure in 1953.

The Legion removed the front steps and tacked on a 16-foot-by-25-foot addition.

Gerald E. Treichler, Historical Society secretary and Legion adjutant, said a set of steps inside the building and the restrooms will be removed on the new site, because the Museum has restrooms.

Read said the front of the structure will be set up to depict a 19th-century church, while other historical exhibits will be placed in the rear of the building.

Treichler said the Legion post, which has 40 members, is now meeting in the Historical Society’s schoolhouse museum on Niagara Street in Sanborn.

In other matters Tuesday, the Greenway panel approved a third year of funding for the Town of Lewiston’s portable skating rink in Academy Park. The lease-to-own agreement is to last four years, town Budget Director Michael A. Johnson said. This year’s Greenway funding is $156,640, the same as last year’s; the 2011 funding was $134,000.

“It turned out to be a great thing. After next year, we’ll own it and hopefully buy a chiller, which is the expensive part of the lease,” Johnson said. ““We just opened Saturday, and we were jam-packed. … Christmas week, you probably won’t be able to get near the place.” The committee also approved another $15,000 toward Lewiston’s Tuscarora Heroes Monument, to which it had given $300,000 in 2011. The statue by Susan Geissler of Porter is to be unveiled at Center Street and Portage Road at 6 p.m. Dec. 19.

email: tprohaska@buffnews.com
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