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Falls trucker charged after fatal pedestrian crash in Pittsburgh

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A Niagara Falls, Ont. truck driver remains free on bond after being arraigned in Pittsburgh this morning on a charge in Pennsylvania that is the equivalent of a New York State charge of leaving the scene of a fatal accident.

Brian Jamieson, 61, a Flora Pack Inc. driver, was charged after the death of a female pedestrian in Pittsburgh’s Strip District Tuesday morning. He is accused of striking Judith Koller, 53, of West Mifflin, Pa., as she was trying to cross at Smallman and 14th streets during the mid-morning. She later died at Allegheny General Hospital.

According to police and media reports in Pittsburgh, witnesses said the woman was in a crosswalk when she was knocked into the eastbound lane of Smallman Street by a car turning left, then struck by Jamieson’s truck and then hit by a sport utility vehicle.

Officers reviewed video recorded at the nearby Heinz History Center to identify the Flora Pack truck, and stopped Jamieson as he was on an interstate highway near Erie, according to a police report. Police said Jamieson admitted being on Smallman Street but not to striking a pedestrian. Police said they found evidence he did so on the bottom of his truck.

He was charged with leaving an accident involving a death or personal injury, a felony that accuses him of not stopping to give aid or information.



email: mgryta@buffnews.com

SBA-backed loans here nearly triple in value

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Small-business lending is picking up again in Western New York, as the amount of government-guaranteed loans to small companies in the region nearly tripled in the first two months of the federal government’s fiscal year compared with a year earlier.

According to new data from the U.S. Small Business Administration, 18 lenders originated 114 loans to small businesses, totaling $23.17 million, in October and November, up 48 percent in number of loans and up almost threefold in total amount from 77 loans for $7.82 million in the same period a year ago.

Separately, the SBA will hold a workshop Friday in Buffalo to help local businesses that have been hurt by the National Hockey League’s 13-week lockout. The workshop, at 2 p.m. in the Central Library on Lafayette Square, will help small-business owners find out about available assistance.

The agency scheduled the session at the behest of Sen. Kirsten Gillibrand, D-N.Y.; State Sen. Timothy Kennedy, D-Buffalo; and others who were concerned that the league’s shortened and potentially canceled season will damage businesses such as downtown hotels and restaurants that rely on revenues from hockey crowds.

“The more games that are lost to this lockout, the more our local businesses lose,” Gillibrand said. “I strongly encourage our businesses to work to take advantage of all that is available to help make it through this difficult time.”

As far as which banks have written SBA loans here in the past two months, Buffalo-based M&T Bank Corp., the region’s biggest bank, claimed 37 of the loans, for $6.48 million, followed by Five Star Bank, a subsidiary of Warsaw-based Financial Institutions, with 23 loans for $5.43 million.

By number of loans, First Niagara Financial Group of Buffalo was third with 14 loans, followed by Evans Bancorp with seven loans and Canandaigua National Bank & Trust Co. with six.

By dollars, newcomer Grow America Fund was third with a single loan for $1.89 million, followed by First Niagara at $1.79 million and Wells Fargo & Co. at $1.69 million for four loans.

Grow America, a program of the nonprofit National Development Council, is providing $3 million to the Grow Erie Fund, a small-business support program started by the Erie County Industrial Development Agency, which is providing another $1 million. The fund is designed to work with SBA loan guarantees.

Those loans were made under the SBA’s core 7(a) loan program, in which the government guarantees repayment of up to 85 percent of the amount of the loan in some cases if the borrower defaults. Those loan guarantees, which are paid for by fees, are intended to encourage lenders to extend credit in situations where they might not do so because of the borrower’s perceived credit risk.

In the SBA’s other major program – third-party “certified development” loans for real estate or other fixed equipment – four lenders made seven loans for $3.75 million, up from three loans for $791,000 in the same period a year ago. M&T made four loans for $3.1 million, while Bank of Castile, Bank of America Corp. and the Upstate National Bank made one loan each.

By type of borrower, M&T made three loans to exporters, totaling $860,000, while Five Star made one for $2.5 million.



email: jepstein@buffnews.com

Police: Oregon mall shooter used stolen rifle

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PORTLAND, Ore. — The gunman who killed two people and himself in a shooting rampage at an Oregon mall was 22 years old and used a stolen rifle from someone he knew, authorities said Wednesday.

Jacob Tyler Roberts had armed himself with an AR-15 semiautomatic rifle and had several fully loaded magazines when he arrived at a Portland mall on Tuesday, said Clackamas County Sheriff Craig Roberts.

The sheriff said the rifle jammed during the 22-year-old's attack, but he managed to get it working again. He later shot himself. Authorities don't yet have a motive but don't believe he was targeting specific people.

Two people — a 54-year-old woman and a 45-year-old man — were killed, and another, Kristina Shevchenko, whose age could not be confirmed, was wounded and in serious condition on Wednesday.

Roberts, wearing a hockey-style face mask, parked his 1996 green Volkswagen Jetta in front of the second-floor entrance to Macy's and walked briskly through the store, into the mall and began firing randomly, police said.

He fatally shot Steven Mathew Forsyth of West Linn and Cindy Ann Yuille of Portland, the sheriff said.

Roberts then fled along a mall corridor and into a back hallway, down stairs and into a corner where police found him dead from an apparent self-inflicted gunshot, authorities said.

People at the mall were heroic in helping get shoppers out of the building, including medical personnel who rendered aid, Roberts said.

In response to previous mass shootings elsewhere, the first arriving officers were trained to form teams and go inside instead of waiting for SWAT. Employees at the mall also received training to handle such a situation.

"This could have been much, much worse," Roberts said.

The first 911 call came at 3:29 p.m. Tuesday and officers arrived a minute later. By 3:51 p.m., all the victims and the gunman and rifle had been found. Four SWAT teams spent hours clearing the 1.4 million square-foot mall, leaving shoppers and workers to hide in fear.

Roberts rented a basement room in a modest, single-story Portland home and hadn't lived there long, said a neighbor, Bobbi Bates. Bates said she saw Roberts leave at 1:30 p.m. Tuesday wearing a dark jacket and jeans, carrying a guitar case. An occupant at the house declined to comment.

The mall Santa, Brance Wilson, was waiting for the next child's Christmas wish when shots rang out, causing the mall to erupt into chaos.

About to invite a child to hop onto his lap, Wilson instead dove for the floor and kept his head down as he heard shots being fired upstairs in the mall.

"I heard two shots and got out of the chair. I thought a red suit was a pretty good target," said Wilson, 68. Families waiting for Santa scattered. More shots followed, and Wilson crept away for better cover.

Witnesses heard the gunman saying, "I am the shooter," as he fired rounds from a semi-automatic rifle inside the Clackamas Town Center, a popular suburban mall several miles from downtown Portland.

Some were close enough to the shooter to feel the percussion of his gun.

Kayla Sprint, 18, was interviewing for a job at a clothing store when she heard shots.

"We heard people running back here screaming, yelling '911,'" she told The Associated Press.

Sprint barricaded herself in the store's back room until the coast was clear.

Jason DeCosta, a manager of a window-tinting company that has a display on the mall's ground floor, said when he arrived to relieve his co-worker, he heard shots ring out upstairs.

DeCosta ran up an escalator, past people who had dropped for cover and glass littering the floor.

"I figure if he's shooting a gun, he's gonna run out of bullets," DeCosta said, "and I'm gonna take him."

DeCosta said when he got to the food court, "I saw a gentleman face down, obviously shot in the head."

"A lot of blood," DeCosta said. "You could tell there was nothing you could do for him."

He said he also saw a woman on the floor who had been shot in the chest.

Austin Patty, 20, who works at Macy's, said he saw a man in a white mask carrying a rifle and wearing a bulletproof vest. There was a series of rapid-fire shots in short succession as Christmas music played. Patty said he dove for the floor and then ran.

His Macy's co-worker, Pam Moore, told the AP the gunman was short, with dark hair.

Kira Rowland told KGW-TV that she was shopping at Macy's with her infant son when the shots started.

"All of a sudden you hear two shots, which sounded like balloons popping," Rowland told the station. "Everybody got on the ground. I grabbed the baby from the stroller and got on the ground."

Rowland said she heard people screaming and crying.

"I put the baby back in the stroller and ran," Rowland said.

Kaelynn Keelin was working two stores down from Macy's when the gunfire began. She watched windows of another store get shot out. She and her co-workers ran to get customers inside their own store to take shelter.

"If we would have run out, we would have run right into it," she said.

Shaun Wik, 20, was Christmas shopping with his girlfriend and opened a fortune cookie at the food court. Inside was written: "Live for today. Remember yesterday. Think of tomorrow."

As he read it, he heard three shots. He heard a man he believes was the gunman shout, "Get down!" but Wik and his girlfriend ran. He heard seven or eight more shots. He didn't turn around.

"If I had looked back, I might not be standing here," Wik said. "I might have been one of the ones who got hit."

Clackamas Town Center is one of the Portland area's biggest and busiest malls, with 185 stores and a 20-screen movie theater.

Holli Bautista, 28, was shopping at Macy's for a Christmas dress for her daughter when she heard pops that sounded like firecrackers. "I heard people running and screaming and saying 'Get out, there's somebody shooting,'" she told the AP.

She said hundreds of shoppers and mall employees started running, and she and dozens of other people were trying to escape through a department store exit.

Tiffany Turgetto and her husband were leaving Macy's through the first floor when they heard gunshots coming from the second floor of the mall. They were able to leave quickly through a Barnes & Noble bookstore before the police locked down the mall.

"I had left my phone at home. I was telling people to call 911. Surprisingly, people are around me, no one was calling 911. I think people were in shock," she said.

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Associated Press writers Steven DuBois, Nigel Duara, Anne M. Peterson, Tim Fought and Sarah Skidmore in Portland, Michelle Price in Phoenix, Pete Yost in Washington, Manuel Valdes in Seattle and researcher Rhonda Shafner contributed to this report.

Prostitution charge dropped against ‘Wife Swap’ star

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A prostitution charge was dropped Tuesday in Pembroke Town Court against a former reality TV star from Williamsville, according to the Genesee County District Attorney’s Office.

Alicia Guastaferro, 21, who faced scorn and ridicule after appearing with her family on ABC’s “Wife Swap” in 2008, still faces charges of possession of a controlled substance and criminal impersonation in the Aug. 27 incident, in which she was found in a car at a Thruway rest stop with a Rochester attorney slumped over the wheel.

Guastaferro, then 20, and James D. Doyle, 54, were found “improperly parked” at the Pembroke service area shortly after midnight by a trooper investigating a report of an erratic driver.

Guastaferro told investigators that Doyle regularly paid her for sex, bought her alcohol and provided her with a fake ID so that she could drink with him.

However, Assistant District Attorney Robert Zickl told The Buffalo News on Wednesday that further investigation by state police found the prostitution charge was not merited and that it was dropped at his office’s request.

Prosecutors also dropped a charge of patronizing a prostitute against Doyle, but he still faces charges of driving while intoxicated and unlawful dealing with a child, as well as numerous traffic violations. Both Doyle and Guastaferro have denied wrongdoing.

Guastaferro is due back in Town Court on March 12.



email: swatson@buffnews.com

Medina tech firm may relocate entirely to Lockport

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WHEATFIELD – Trek Inc., the Medina electronic instrument company that moved its research and development department to Lockport last year, may move the rest of its operations to Lockport next year.

Trek has agreed in principle to a lease on Building 4 of Harrison Place, the former Harrison Radiator Division plant at Walnut and Washburn streets in Lockport, City Planning and Development Director R. Charles Bell said.

“It’s not a done deal, but we’re on the 5-yard line,” Mayor Michael W. Tucker said.

Wednesday, the Niagara County Industrial Development Agency received an application from 210 Walnut LLC, the city-controlled owner of the plant, for a 20-year property tax break on Building 4. Although it’s controlled by the City of Lockport, 210 Walnut is technically a private, taxable entity.

Bell said Trek’s 10-year lease on the 96,000-square-foot, three-story building includes a five-year renewal clause as well as an option to buy the building outright.

Trek has outgrown its current 30,000-square-foot plant on Salt Works Road in Medina, said Michael C. Dehn, president of the company.

It would be the anchor tenant the city has been hoping for since the Greater Lockport Development Corp., the city’s development agency, seized the 461,000-square-foot Harrison complex in 2006 because a previous owner defaulted on loans from the agency.

“When GLDC took it back a long time ago, this was the dream project,” Tucker said.

Bell said Trek’s original interest was in vacant land at Summit Street and State Road. The city announced during the summer that a “light manufacturing” company was interested in that site. However, the city talked Trek into looking into moving its 72 Medina employees to Harrison Place instead.

Dehn said it took eight to 10 months for the deal to come together, and at first, he was highly skeptical of the old plant.

“It was something that at first seemed really far-fetched,” he said. “We thought it was insane, that’s not a fit for us.”

But upon doing his research about adaptive reuse of old industrial buildings, he came around to the city’s way of thinking. “We wanted to create an image,” he said. “To do that with a new building would have been cost-prohibitive.”

Bell said the GLDC is expected to bear the $4 million cost of making the first two floors ready for Trek’s office and manufacturing operations. He said the city agency needs a bank loan to make that happen, and a low-ball bank appraisal of the property still could torpedo the deal. The Planning Board needs to OK subdividing the property.

Dehn said an internal survey showed about 90 percent of the current Medina workforce is willing to drive to Lockport for work, as the 23 workers in the company’s tech center at 57 Canal St. already do. Also, 24 additional office and production jobs are to be created within three years.

Dehn said the company considered moving to South Carolina or even shifting manufacturing to Japan, where it has some operations. It has not ruled out those options completely, but Trek likes Lockport because it already has a location there and because it is closer than Medina to the University at Buffalo, where it recruits many of its new employees.

Dehn said the existing Trek plant is to be sold to Takeform Architectural Graphics, a Medina sign company that needs more space.

The Building 4 tax break would begin with a five-year, 100 percent property tax exemption, since the complex is located within Lockport’s Opportunity Zone, an IDA program for depressed downtowns.

After that would come a 15-year payment-in-lieu-of-taxes, or PILOT, arrangement. The deal also involves an exemption from paying sales tax on building materials, equipment and furnishings for the plant, and a break on paying mortgage recording taxes.



email: tprohaska@buffnews.com

Community leaders decry violence after latest city homicide

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Odessa Harris already had her hands full before another tragedy struck her family this week.

She had been taking care of three grandchildren who lost their mother when she succumbed to injuries from a 2001 house fire on the East Side.

Now she has four more grandchildren to raise, after their mother was shot and killed early Tuesday in the city’s latest homicide.

Harris was in Mississippi attending another daughter’s wedding when she got the news that her daughter, 28-year-old cab driver Shameka Harris, was fatally wounded, along with Shameka’s boyfriend, Joshua “Bigs” Eatmon, 23. The couple were in a cab in front of the family’s home at 455 Minnesota Ave.

“I’m OK right now,” Harris said Wednesday. “I just want [police] to find out who killed them.”

Harris is not the only one with a tough road ahead. Civic leaders who have worked for years to address the steady stream of homicides and other violence in the city fear a continuation of the carnage. Along with Harris, they gathered Wednesday morning at the scene of the latest slaying and vowed to work more closely together to make a bigger impact.

The anti-violence rally was attended by relatives and neighbors of Harris and Eatmon, as well as community leaders, concerned citizens and elected officials. Erie County Legislature Chairwoman Betty Jean Grant was among them, and she announced a new initiative aimed at safety issues.

The Erie County/Buffalo Safe Neighborhood Initiative is an ad hoc committee, Grant said. It is made up of elected officials from the city and county, law enforcement, block club presidents, pastors and various community organizations, including MAD DADS, FATHERS, Stop the Violence Coalition, Buffalo Peacemakers, Buffalo United Front and Buffalo Promise Neighborhood.

The coalition will meet monthly beginning next month, Grant said. The aim is to identify concerns of specific neighborhoods; address crime issues and find solutions; identify resources for youth, including job training; provide counseling and mentoring to youth; and to work with the Buffalo Board of Education to provide GED and educational support programs.

Another goal of the coalition is to work with corporations and businesses who will hire young people under the Work Opportunity Tax Credit. The credit is designed to promote the hiring of individuals who qualify as a member of a target group, such as qualified military veterans and ex-felons. In return, the state Department of Labor will reimburse the employer.

Meanwhile, city workers sealed the Minnesota Avenue apartment to prevent anyone from going inside, Odessa Harris said.

“The house was boarded up,” the grandmother said, and her daughter’s four children need clothes, food and Christmas gifts. “They only have what they had on,” Harris said. “I need some help with the kids.”

The children are Taikia, 11; Bobby Purdue Jr., 9; Menisha Stitt, 4; and Elizah Stitt, 2.

Since 2001, Harris also has had custody of three other grandsons after their mother, Tameka Tyus, died in a house fire. The boys were 4, 2 and 3 months old at the time.

To make a donation, call 931-2789.



email: dswilliams@buffnews.com

Google Maps return to iPhone with new mobile app

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SAN FRANCISCO — Google Maps has found its way back to the iPhone.

The world’s most popular online mapping system returned late Wednesday with the release of the Google Maps iPhone app. The release comes nearly three months after Apple Inc. replaced Google Maps as the device’s built-in navigation system and inserted its own map software into the latest version of its mobile operating system.

Apple’s maps application proved to be far inferior to Google’s, turning what was supposed to be a setback for Google into a vindication.

The product’s shoddiness prompted Apple CEO Tim Cook to issue a rare public apology and recommend that iPhone owners consider using Google maps through a mobile Web browser or seek other alternatives until his company could fix the problems. Cook also replaced Scott Forstall, the executive in charge of Apple’s mobile operating system, after the company’s maps app became the subject of widespread ridicule.

Among other things, Apple’s maps misplaced landmarks, overlooked towns and sometimes got people horribly lost. In one example brought to light this week, Australian police derided Apple’s maps as “life-threatening” because the system steered people looking for the city of Mildura into a sweltering, remote desert 44 miles from their desired destination.

Google Inc., in contrast, is hailing its new iPhone app as a major improvement from the one evicted by Apple.

“We started from scratch,” said Daniel Graf, mobile director of Google Maps. Google engineers started working on the new app before Apple’s Sept. 19 ouster, Graf said, though he declined to be more specific.

The additional tools in the free iPhone app include turn-by-turn directions. Google’s previous refusal to include that popular feature on the iPhone app —while making it available for smartphones running on its own Android software— is believed to be one of the reasons Apple decided to develop its own technology. The increasing friction between Google and Apple as they jostle for leadership in the smartphone market also played a role in the mapping switch.

Google’s new iPhone mapping app also offers street-level photography of local neighborhoods for the first time on Apple’s mobile operating system, as well as three-dimensional views, public transit directions and listings for more than 80 million businesses around the world. The app still lacks some of the mapping features available on Android-powered phones, such as directions inside malls and other buildings.

There still isn’t a Google mapping app for Apple’s top-selling tablet computer, the iPad, but the company plans to make one eventually. Google, which is based in Mountain View, Calif., declined to say when it hopes to release an iPad mapping app. For now, iPad owners can use the maps in an iPhone mode. That won’t be the best experience, but it still may be better than Apple’s offering on the iPad.

In an indication of iPhone owners’ exasperation with Apple’s maps, Google’s new alternative was already the top-ranking free app in Apple’s iTunes store early Thursday morning. By noon EDT, users had chimed in with more than 10,000 reviews of the Google app. Nearly 90 percent of them gave Google maps a five-star rating — the highest possible grade.

The return of Google’s map app may even encourage more iPhone owners to upgrade to Apple’s latest mobile software, iOS 6. Some people resisted the new version because they didn’t want to lose access to the old Google mapping application built into iOS 5 and earlier versions.

Despite the app’s quickly rising popularity, Google’s solution still wasn’t listed among the 18 recommended mapping apps in iTunes as of early Thursday afternoon.

Apple didn’t respond to a request for comment about Google’s new apps, but it approved the technology before its release.

Graf said Google isn’t hoping to make Apple look bad with its new mapping app. “On maps, we have a friendly relationship,” he said.

No foul play suspected in Lockport unattended death

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LOCKPORT – No foul play is suspected in the unattended death of a 56-year-old Grand Street woman found in her home on Wednesday.

There were earlier reports that had called the case a homicide, but police say at this point no foul play is suspected.

Capt. Richard Podgers, chief of detectives, on Thursday said the woman was found not breathing Wednesday morning. Lockport Fire Department paramedics responded and the woman was pronounced deceased by the coroner.

“There were no outward signs of trauma,” Podgers said. “At this time it is being investigated as an unattended death.”He said there may have been some misinformation in the public because a police car remained at the house throughout the day and the home was held as a crime scene.

“We were following protocols. The coroner ordered an autopsy and we held the scene pending the outcome of an autopsy,” Podgers said. He said an autopsy was being performed Thursday.



email: nfischer@buffnews.com

Buffalo data center changes hands

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A privately owned San Francisco startup backed by private-equity money has acquired 16 data centers nationwide from a national company, including one in downtown Buffalo.

365 Main, a 10-year-old data center developer and operator, did not say how much it paid to buy the 16 facilities from Equinix Inc. The deal was led by 365 Main CEO Chris Dolan, Chief Operating Officer Jamie McGrath, and financial partners Crosslink Capital, Housatonic Partners and Brightwood Capital.

The facilities include one at 350 Main St. in the Main Place Tower in Buffalo, as well as sites in Chicago, Cleveland, Dallas, Detroit, Indianapolis, Nashville, New York, Philadelphia, Phoenix, Pittsburgh, San Jose, Seattle, St. Louis, Tampa and Washington, D.C.

As part of the purchase, several former Equinix staff members also joined 365 Main’s executive team, including its new vice president of sales and three former directors of regional operations, who will continue to manage the 16 facilities. Rene Vazquez River, director of operations for the East, will be responsible for the Buffalo site.

365 Main, named for a data center project in San Francisco, was started in 2002 by Dolan and McGrath with a single data center in that city, and grew to five facilities nationwide. Those facilities were sold in 2010 to Digital Realty Trust.

“365 Main now has a national reach with a local focus,” Dolan said. “In the last decade, we earned the reputation of proven data center expertise coupled with high touch customer service, satisfaction and retention. With these newly acquired data centers, we plan to bring that level of service to small businesses up to large enterprises.”

Equinix operates interconnected data centers in 30 markets across 14 countries.



email: jepstein@buffnews.com

Fire destroys Rathke Road house

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WRIGHTS CORNERS – Two volunteer fire departments responded to a fire in a small wood-frame house on a dead-end street behind the Tops Plaza in Wrights Corners just before 1 p.m. today.

No injuries were reported, but the home of Duane and Donna Goff, at 3971 Rathke Heights, was considered a total loss. Red Cross was called to assist the Goffs, who were the only residents.

Niagara County Sheriff’s Deputy Jared C. Ander arrived first, four minutes after dispatchers received reports of a fire, and said he found smoke coming from the eves on the second floor. Ander said he kicked in a rear door to see if anyone was inside and confirmed that the house was empty.

Donna Goff arrived shortly after and told patrol that she had been gone for an hour. She said there were no wood stoves or fireplaces inside the residence. The cause of fire remains under investigation. No monetary estimate of the loss was given.

Wrights Corners and Miller Hose volunteer fire departments responded.

Lockport man charged with rape for alleged relationship with teen

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LOCKPORT – A Lockport man was arrested by state troopers today after an investigation into his allegedly illegal sexual activities with a teenage girl in the Village of Barker last year, State Police officials here reported.

Martimiano Vasquez-Santiago, 32, of Locust Street was remanded to Niagara County Jail following his arraignment in Lockport Town Court on two counts of third-degree rape and charges of child endangerment and unlawfully dealing with a child.

After the State Police received a report about Vasquez-Santiago having sex with a then-15-year-old girl in Barker late in 2011, they gathered evidence indicating he’d had sexual intercourse with the juvenile on two occasions and provided her with alcohol on at least one of those occasions.

He faces further proceedings in Lockport Town Court at 6 p.m. Jan. 3.

Town of Lockport may try to seize GM land

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LOCKPORT – The Town of Lockport is ready to fight General Motors over a plan to expand the town’s industrial park.

The town Industrial Development Agency’s board of directors voted unanimously Thursday to begin the process of using its power of eminent domain to take 91 acres of GM’s land adjoining the industrial park.

The board set a public hearing on the idea for 7 p.m. Jan. 24.

“This is a first step that is required for an eminent domain taking of real property. It doesn’t obligate the board to go forward,” Town Attorney Daniel E. Seaman said.

The IDA has been trying to purchase land from GM since 2010, Executive Director David R. Kinyon said.

“We haven’t come to any meeting of the minds in previous times,” Seaman said.

He wouldn’t say what the hang-up was, but his law partner, Morgan Jones, said at the IDA meeting that GM offered a large piece of property, “including some land we’re not particularly interested in.”

GM owns about 120 acres, roughly bounded by Junction Road, the southern edge of the industrial park and the Lockport Energy Associates cogeneration power plant. The vacant land lies west of the GM Components plant, formerly Delphi and before that Harrison Radiator.

GM spokesman Bob Wheeler did not respond to requests for comment from the company Thursday.

The 200-acre industrial park is home to 15 businesses with a total of 417 employees. As a result of recent deals, including the sale of property for the Yahoo data center and its possible future expansion, and a planned business incubator project by McGuire Development, the park has only 52 unsold acres.

“We’re getting to the point where we need more property to accomplish the mission of the IDA,” Seaman said.

The IDA normally holds breakfast meetings, so Seaman said the nighttime public hearing shows “the importance of the action.”

The list price for land in the industrial park is $25,000 per acre, but the IDA charged Yahoo $15,000 an acre for its first 30-acre purchase in 2009, and $16,237 per care for its 12-acre acquisition in October.

Seaman said that deal is moving faster than expected and may close by the end of the year.

In other matters, the IDA board approved a land swap with McGuire. The developer gave up an option on two acres just south of the Yahoo data center in exchange for an option on two acres to the east, on the side of IDA Park Drive, opposite the data center.

The land McGuire is giving up is just west of the three-acre site of the planned incubator, for which it paid $15,000 an acre.

The board also accepted the resignation of Paul J. Haber, who has served on the board since 1997.



email: tprohaska@buffnews.com

Collins joins Agriculture, Small Business committees

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WASHINGTON – Chris Collins will start his congressional career by serving on the House Agriculture and Small Business committees, the former Erie County executive announced Thursday.

“These two committee assignments make perfect sense as I look to bring my real-world experience to Washington and represent the needs and concerns of New York’s 27th Congressional District,” Collins, a longtime small-business owner who will represent a largely rural and suburban district, said in a statement.

The Clarence Republican could not be reached to comment further, but his spokesman, Grant Loomis, said the newly elected lawmaker did not request specific committee assignments.

That’s a rarity in the House of Representatives, where first-term lawmakers often shoot for a plum assignment on a prominent committee – such as Ways and Means or Energy and Commerce – and end up disappointed.

“He knew that all the freshmen are at the low end of the totem pole,” Loomis explained.

While neither of the committees to which Collins was assigned is considered among the top level in the House, the Agriculture Committee in particular has important responsibilities.

With its Senate counterpart, it passes multi-year farm bills that, in essence, stabilize the prices Americans pay for food and develop programs aimed at helping farmers, who work in a notoriously volatile industry. The Agriculture Committee also has jurisdiction over the food stamp program.

Given that Congress is mired in a stalemate over drawing up a new farm bill to replace the one that expired Sept. 30, a committee-level debate on the farm bill could be one of the first orders of business Collins faces after taking office.

“Throughout the campaign, I visited with dozens of crop and dairy farmers who shared with me their daily struggles of trying to run efficient, profitable farms despite the regulations and burdensome bureaucracy coming out of Washington,” Collins said. “One of my very top goals as a member of Congress will be to help farmers have a legal and reliable labor force by pushing for much-needed improvements to our nation’s guest worker program.”

The Small Business Committee – once headed by then-Rep. John J. LaFalce, D-Town of Tonawanda – has jurisdiction over the Small Business Administration, but its influence on business and economic issues pales in comparison with the tax-writing Ways and Means Committee and the Energy and Commerce Committee, which oversees broad swaths of the American economy.

Nevertheless, Collins said he was happy to be serving on the Small Business Committee.

“Being a member of Congress may be new to me, but I’ve spent my entire adult life in the small-business world,” said Collins. “Small business is the backbone of our economy, and as this country continues to climb out of the devastating recession, the federal government needs to focus on making it easier for small businesses to grow and thrive, instead of harder.”

Collins will be sworn in as a member of the House on Jan. 3 after defeating Rep. Kathleen C. Hochul, D-Hamburg, in November’s election.

Hochul serves on the Armed Services and Homeland Security committees.



email:jzremski@buffnews.com

City files notice of appeal in Acropolis case

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The city has filed notice that it is maintaining its right to appeal a State Supreme Court ruling that found in favor of Acropolis OPA restaurant on Elmwood Avenue.

The decision, filed Nov. 15, found that the Common Council failed to establish “any rational basis” for putting conditions on music and restaurant licenses at the Greek restaurant.

Acropolis owner Paul Tsouflidis sued the city and won, following a protracted battle with City Hall earlier this year over what activities would be allowed at the restaurant.

He is “shocked” by the city’s action, he said Thursday.

The city has 30 days from the decision to file a notice of appeal, and will decide whether to go ahead with the appeal during the next 60 days.

The city is leaving its options open, said Corporation Counsel Timothy A. Ball.

Some of the restaurant’s Elmwood Village neighbors were opposed to Tsouflidis’ expansion plans, which included turning the upstairs into a nightclub. They complained about loud music coming from the restaurant before the city had acted on Tsouflidis’ applications for music and dance licenses.

Delaware Council Member Michael J. LoCurto said Tsouflidis’ vision for the restaurant, as presented to City Hall, was not a good fit for the neighborhood.

Tsouflidis said he has spent more than $30,000 to negotiate with City Hall on his restaurant’s expansion, and the subsequent litigation. He plans to spend an additional $30,000 on the appeal.

“If it’s $100,000, I’m going to spend it just to defend my business,” he said.

Tsouflidis said he has a warm relationship with Mayor Byron W. Brown and accused LoCurto of driving the city’s decision to appeal.

“I wish I had that much power,” said LoCurto, who is a member of a minority on the Council, one that is not aligned with Brown.

It is up to the city Law Department, which represents the administration and the Common Council in legal matters, to decide whether to appeal, LoCurto said.

Tsouflidis said he has no plans to open a second-floor bar, which was one of the more controversial aspects of his expansion plans, and that he likes his restaurant the way it is, though he would like to add karaoke.

He posted on Twitter on Thursday that he will “fight for the return of Hip Hop Karaoke.”

The Council voted in March to place nine restrictions on the business, a move State Supreme Court Justice Joseph R. Glownia ruled was “annulled, vacated and set aside.” He ordered the restrictions removed from the licenses.



email: jterreri@buffnews.com

Fairgrounds plans new agricultural learning center

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Erie County Fair organizers are planning to build a $6 million, state-of-the-art agricultural learning center on the Hamburg fairgrounds.

Assistant Fair Director Jessica Underberg said the 60,000-square-foot Agricultural Discovery Center would include space for agriculture education, livestock and equine stalls and a theater. The announcement came at the Erie County Agricultural Society’s annual meeting Wednesday at the Event Center on the fairgrounds.

The building will be constructed where the Ag-Sperience barn and two adjacent barns are now located. The plans are to start demolishing the existing barns immediately after next year’s fair so the new building will be ready for the 2014 event, which will be the 175th Erie County Fair.

“No matter when we do it, we’ve only got 11 months to do it,” said Dennis R. Lang, fair director and chief executive officer.

Lang said the cost is expected to be “in the neighborhood” of $6 million.

“We’ve been able to do this basically courtesy of the Hamburg Casino,” he said.

The Agricultural Society is the nonprofit corporation that owns the fairgrounds property, which includes the fair, Buffalo Trotting Association and Hamburg Casino.

Directors heard the treasurer’s report at the annual meeting, and Ellsworth Gaskill, general manager of the casino, said gaming revenues were up 10.8 percent over last year.

Last year also saw the restoration of the Firemen’s Building, renovation of the grandstand, repair of several barns and all blacktop sealed and striped.

The fair also plans to remove the Lottery Building, the Chiavetta’s chicken barbecue building and bathrooms near the Firemen’s Building to add green space and widen the food court area next year.

Also planned, Lang said, is a new restroom to be built near Gate 4. There will also be several restroom trailers added for the fair, and a new first aid building will be constructed in Hickory Tree Park, he added.

Next year’s fair will take place Aug. 7-18, and the theme is, “Erie County Fair: Experience it.” Directors are planning a nightly laser light show.



email: bobrien@buffnews.com

Artists have designs on mural in Clarence Hollow

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Clarence Hollow might add a touch of artistic flair next spring.

Members of the Clarence Hollow Association are planning to create a mural on an exterior wall of The Hollow Bistro and Brew restaurant at Main and Bank streets in the hamlet. Supporters picture the mural, which would be visible to drivers headed east on Main, as a way to draw more attention to the Clarence Hollow as a destination for shopping and dining.

“It’s really going to brighten up the Hollow,” said Kathy Ward-Lovejoy, a local artist involved in the effort. “People will slow down to see it and, hopefully, they’ll stop and enjoy it.”

The mural was discussed at the Hollow Association’s annual membership meeting on Thursday.

Plans call for creating the mural on metal panels in an artist’s studio over the winter and installing them on the bistro’s wall in the spring when the weather improves, Ward-Lovejoy said.

Organizers were not ready to release a copy of the mural’s design. “We kind of want to get it to be more concrete before we show it to the public,” said Katie Yu, owner of the bistro.

Ward-Lovejoy said the design will be “an eclectic grouping of the present and the past,” with images such as the bike path, churches, farming, transportation and food. “It’s so hard to decide which elements to include, but we think we have a broad overview of the feel of Clarence, [a] very happy and colorful mural.”

The organizers will team up with noted muralist Augustina Droze, who has worked on projects around the world, including in Buffalo. Droze is now locally based and continues to work internationally, Ward-Lovejoy said.

Backers of the mural say they will launch a fundraising effort to help pay for it but have not yet determined the project’s cost.

Separately, a farm animal-themed mural was unveiled earlier this year at the Clarence Hollow Farmers’ Market.

In other news from Thursday’s meeting:

• Plans are taking shape for Hollow Fest, July 4 to 6 at Main Street Town Park.

Paul Cambria, owner of Gianni Mazia’s and a Hollow Association board member, said the festival will be comparable to Old Home Days in Williamsville and the Labor Day Fair in Clarence Center. The event will include rides, entertainment and participation from local restaurants.

• Cambria suggested the town create a small amphitheater at the base of a hill that rises behind the farmers’ market site. “You could have concerts, lectures and lots of things,” he said. “It would be attractive, it would be cultural, it would be something that promotes the arts. And I think a small community like this is a natural for promoting the arts.”



email: mglynn@buffnews.com

Barker library plans to change funding stream

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The Barker Free Library is seeking a new way to stabilize its finances in uncertain budget times.

The library wants funding from school taxes rather than yearly budget appropriations, which are more uncertain year to year.

Library leaders have completed a petition drive to force a vote on the issue during school budget time next year.

Without the more stable funding stream, the library will have to deplete its dwindling reserve fund and reduce services, officials say.

“There would be reductions for some of our [programs] because we can’t afford to go the way we are,” said Roy Anderson president of the library board.

A “yes” vote during the May budget vote would designate the library as an official “school district public library.”

The label doesn’t mean students will be flocking to the library, and the district would actually have no direct control over the library’s operations.

But taxpayers who cast their vote next year on the Barker school budget would also vote on a funding proposal for the library.

“With community-based funding, we will be able to ensure that our library continues to provide everyone the opportunity for lifelong learning and public access to the latest technologies,” Anderson said.

The move is an attempt to stabilize the library’s finances at a time when towns and villages are confronting worsening budget problems, officials said.

Library officials recently presented the plan to the School Board, which will not actually decide the issue on its merits.

The board instead is charged only with setting a date for a vote on the issue.

“It’s not a contentious [issue],” School Superintendent Roger J. Klatt said. “We just are trying to make sure the procedural details are being followed.”

Library officials said the change also complies with a State Board of Regents policy urging libraries to shift tax support from municipal general funds to direct public votes.

The school district would collect tax money for the library and turn the funds over to the library board, officials said.

Library leaders say enrollment at the branch has tripled since 2005 to nearly 1,000 members.

“We find that as the economy is bad, library users have gone up, because it’s a great, reasonable place to get entertained,” Anderson said.

A vote on the measure is likely to take place during the May school budget vote or around that time, Klatt said. The board will likely determine a final date next month.

More information will be posted online at www.barkerfreelibrary.com, and officials plan a series of public meetings before votes are cast.



email: cspecht@buffnews.com

Buffalo, control board win living wage suit

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A lawsuit that sought retroactive pay for seasonal sanitation workers in Buffalo under the city’s living-wage ordinance was dismissed Thursday by the state’s highest court.

The Court of Appeals found that the workers waited too long to file their lawsuit, and it ruled in favor of the city and its control board. The decision reverses rulings of the State Supreme Court and Appellate Division. Both had rejected the control board’s defense that the lawsuit’s filing exceeded the statute of limitations.

The employees’ wages were frozen by the Buffalo Fiscal Stability Authority, which pursued the appeal, with encouragement from the city.

The court’s decision, 4-2, is significant because it preserves the four-month window in which cases can be brought against municipalities and authorities, said attorney A. Vincent Buzard, who represented the authority. New York City filed a brief in support of the authority’s position that the statute-of-limitations should be preserved.

The decision also saves the city more than $1 million, Buzard said.

The court decided that the workers should have brought their action within four months. The wage freeze was enacted by the control board in April 2004, and the lawsuit was filed in January 2008.

The affected workers, of which there were more than 60 at the time the suit was filed, are called seasonal but work year-round, with periodic layoffs to prevent the city from having to pay benefits or offer paid time off. Some have worked for the city for 10 years or more.

Delaware Council Member Michael J. LoCurto introduced a measure to pay the back wages from August 2003 to July 2007 plus interest, but the Council’s Civil Service Committee declined to take action until a decision in the lawsuit had been made.

LoCurto on Thursday said if there is a way to pay the workers anyway, the city should do it, and it seemed like a “technicality” prevented the workers from being paid. “It’s unfortunate that the control board felt the need to appeal the decision,” he said.

Attorney John M. Lichtenthal, who represented the employees, said he was examining the practical effects of the decision and read a brief statement. “It appears that the declaratory judgment against the Buffalo Fiscal Stability Authority was not upheld by the Court of Appeals. However, the trial court and the Fourth Department of the Appellate Division and their ruling against the City of Buffalo still remains intact.”

Buzard disagreed, and said the decision means the case is over.

In January 2008, Abraham McKinney and others filed a class-action lawsuit covering more than 60 full-time workers, seeking a raise and back pay under the city’s living wage ordinance.

A month later, Mayor Byron W. Brown and the Council supported a move to bring seasonal sanitation workers up to living wage, retroactive to July 2007, when the control board lifted the wage freeze. Thursday’s decision is “an indication the city had acted correctly in transitioning from the wage freeze,” said Corporation Counsel Timothy A. Ball.

The court’s chief judge, Jonathan Lippman, dissented and said the control board had no authority to freeze the seasonal workers’ wages because they are not part of a collective-bargaining unit.



email: jterreri@buffnews.com

Restitution, probation ordered in $337,541 theft from employer

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An embezzler who sold her home to pay back some of the money she stole from her Buffalo employer was ordered Thursday to also pay $300 a month in additional restitution for the next 10 years.

Janice Kaled, however, avoided a prison term at her Erie County Court sentencing.

Kaled, 53, was sentenced to five years’ probation for stealing $337,541 between January 2005 and December 2011 from Unlimited Energy Inc. of Buffalo. She pleaded guilty to second-degree grand larceny for the theft and first-degree offering a false instrument for filing for not reporting the money on her state tax return.

The net proceeds from selling her home totaled $40,527, which Kaled has already turned over to the employer. “That’s about all the money she’s got,” defense lawyer Joel L. Daniels said of the sale proceeds.

The company also received $25,000 from an insurer and $40,000 from HSBC Bank, which cashed her forged checks, said John C. Doscher, head of the Erie County District Attorney’s Special Investigations Bureau, who prosecutes embezzlers and others accused of financial crimes.

If Kaled makes all of her monthly restitution payments, that would total $36,000.

In all, the most the company can expect to recoup is $141,527 – about 42 percent of its loss.

“We certainly would have liked it to be more,” Doscher said.

But that is more than victimized companies usually get back, he said.

Erie County Judge Sheila A. DiTullio said she sought to strike a balance with her sentence, one that punishes the Lockport woman but also tries to get back money for the victimized business owner.

The judge called repaying the victim a priority and noted that Kaled sold her home to pay some restitution. “You sold your home, which was big,” DiTullio said.

Kaled now has two minimum-wage jobs, working 40 to 60 hours a week cleaning floors at one job and selling merchandise in a store at her other job.

“I give you credit for that,” DiTullio said.

DiTullio decided not to order Kaled to perform community service, saying she would rather Kaled work and earn money to keep up with the restitution payments.

Living in an apartment with her 16-year-old daughter, “she lives on a shoestring now,” Daniels said.

Kaled’s former employer attended the sentencing and also sent the judge a letter but opted not to make a victim-impact statement during the hearing.

Daniels said Kaled did not have a prior criminal record and did not gamble away the stolen money at a casino.

While the judge referred to financial problems Kaled has experienced, Daniels did not say how she spent the hundreds of thousands of dollars she stole.

“I want to say how truly sorry I am for what I have done,” Kaled said.

She said she let down her former boss. “I’m truly sorry for what I did to him and his family,” she said. “I will do whatever it takes to pay him back.”



email: plakamp@buffnews.com

Single mom of six falls short trying to make ends meet

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There’s no big, fancy flat-screen television in Angel Gordon’s home.

She doesn’t spend money each week on getting her hair and nails done.

The furniture is plain. In fact, it’s well-worn.

And there’s no Xbox or other expensive video game console for the kids to play with.

Gordon is a 31-year-old single mother of six trying to make ends meet and sometimes missing the mark.

“It’s stressful, but I have to get it together,” she said. “I don’t want to go into a deep depression.”

She lives in a two-story house on Newburgh Avenue with her children. They are Lania, 11, Martonio, 10, and Miangel Jones, 8, all from a prior relationship. Her 5-year-old daughter, Talina Gordon, has the same father as 4-year-old Nevaeh Willis and 8-month-old Maliyah Willis.

After Maliyah’s birth, Gordon underwent a tubal ligation procedure.

The fathers of her children have not been much help financially. The father of the three oldest works and pays some child support, but he doesn’t earn a lot of money. The father of the three youngest has as many as 10 children, Gordon said, and provides virtually no support either financially or emotionally.

Gordon still holds on to her dream of becoming a nurse. That was her plan when she graduated from Lafayette High School in 2001. She says that when her kids are older, she’ll get back on that path and that mothering her children may give her an advantage.

“I have a lot of experience with all of [the kids],” she said. “I’d like to work in a nursing home.”

To get by, Gordon relies on public assistance and Supplemental Security Income. Nevaeh also receives SSI for speech and behavior issues.

Frequently, there is not enough food to make it to the end of the month, and that’s where the Taste of Faith Food Pantry helps.

The pantry is one of several programs offered by True Bethel Charities, an organization of True Bethel Baptist Church on East Ferry Street. It supplies perishable and nonperishable food to families and individuals requiring assistance. Food deliveries also are available for people unable to leave home.

Located at 594 Winslow Ave., the pantry is open from 11 a.m. to 2 p.m. every Tuesday and Thursday.

Betty Jean Quarles, executive director of True Bethel Charities, met Gordon about a year ago when the young mother started coming to the food pantry. “I felt that she needed assistance with the six children,” said Quarles, who is also a retired social worker.

“She’s a very lovely young lady. I was more than happy to reach out to her because that’s what we do,” Quarles said.

True Bethel Charities also provides clothing, shelter and case management services.

At the Clothes Closet, new and slightly used clothing items are collected and distributed to individuals and families free of charge. The clothing is donated by the community and outside agencies. An average of 3,000 people annually have been assisted through this program, according to the church’s website. The Clothes Closet, 275 Kehr St., is open from 10 a.m. to 2 p.m. on Wednesdays and every third Saturday.

True Bethel Charities also runs the Nehemiah Arms Emergency Housing program, which provides transitional housing for people who are displaced because of a loss of income, sickness or natural disaster.

A case manager is available to assist clients with issues such as counseling, employment training, advocacy, proper placement with various social services agencies and organizations and benefits eligibility. This service is available by appointment by calling 895-7019.

The News Neediest Fund will help make this Christmas a little happier for Gordon’s family and for thousands of other families like them through the generous donations from throughout Western New York.

Cash donations may be mailed to The News Neediest Fund, P.O. Box 2667, Buffalo, NY 14240-9873; donations also can be made to buffalonews.com/newsneediest.



email: dswilliams@buffnews.com
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