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Felony burglary charges lodged in theft of 3 ATVs

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OAKFIELD – Genesee County sheriff’s investigators arrested an 18-year-old Oakfield man on two felony burglary charges after accusing him of stealing three ATVs in a pair of incidents in the Town of Oakfield over the summer.

Jamie R. Bachorski stands accused of taking two ATVs from a storage shed on Batavia-Oakfield Townline Road and another one from a pole barn on Fisher Road, sheriff’s officials said.

Following his arraignment, Bachorski was released on his own recognizance before being sent to the Genesee County Jail on $10,000 bail for a probation violation, according to sheriff’s reports.

Urbik receives extension

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The Buffalo Bills finally have found stability in the interior of their offensive line over the past two years. They moved to keep that stability going by signing guard Kraig Urbik to a contract extension Tuesday.

The 6-foot-5, 323-pound Urbik has been a stout presence at right guard the past two seasons. His contract was due to run out after this season. Now he has a four-year deal through 2016 that could be worth up to $15 million.

Consider it one down and one or two to go for the Bills’ “middle three.”

Fellow guard Andy Levitre is set to become a free agent after the season. Center Eric Wood has a contract that runs out after the 2013 season. The Bills will want to keep at least one of those two in the fold, if not both. All three are represented by the same agent, California-based David Dunn.

Urbik, 27, was one of the best waiver pickups the Bills have had in recent years. He entered the NFL as a third-round draft pick of the Pittsburgh Steelers in 2009, but Pittsburgh released him just before the start of his second season.

He saw spot duty for the Bills in 2010, then beat out Chad Rinehart for a starting spot entering 2011. Urbik started eight games at right guard, then moved over to center for five starts after Wood was injured. Urbik has started 12 games at right guard this season.

“He is a big, strong man,” coach Chan Gailey said earlier this season. “I mean he is a barrel-chested, strong human that has got pretty good movement for his size and is a very versatile player. He’s one of those tough guys you’ve got to have inside.”

Offensive line is one of the better units on the Bills’ team. The middle of the passing pocket has been cleaner the past three years than it had been much of the previous decade. The Bills allowed the fewest sacks in the league last season and rank 14th in pass protection this year. They have been among the top five in yards-per-carry the past two seasons.

Urbik ranked 18th among NFL guards last year and stands 24th this year, according to grades on Profootballfocus.com.

Urbik is a Wisconsin product who started 50 games in college. His deal includes a signing bonus of $3.5 million.

Rinehart, the Bills’ top interior line backup entering the season, also is due to become a free agent in March. Rinehart went on injured reserve after seven games this season.

Besides Levitre, the other Bills who get significant playing time who are due to become unrestricted free agents are safety Jairus Byrd, defensive ends Kyle Moore and Shawne Merriman, defensive tackle Spencer Johnson, linebacker Bryan Scott, cornerback Leodis McKelvin and fullback Corey McIntyre.

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Bills receiver Stevie Johnson needs 109 receiving yards to reach 1,000 yards for a third straight season. Johnson stands 21st in the NFL in receiving yards and is tied for 17th in catches with 69.

“Everybody in this locker room should be feeling like their job is at risk and I think that is the right way to think at this point,” Johnson said Monday. “Hopefully it will light a fire under us and we can win these next two games. I know for sure, I am going to be playing for my teammates, I am going to be playing for my coaches, and I am going to be playing for some personal things. That is just what it has come to. We are not playing for the playoffs anymore. We are still putting on these pads and playing for the Buffalo Bills.”

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The Bills promoted receiver Chris Hogan and linebacker Greg Lloyd to the 53-man roster. They took the place of receiver Donald Jones and linebacker Arthur Moats. Hogan, a 6-1, 220-pound undrafted Monmouth product, has been on the practice squad six weeks. Lloyd, 6-1 and 247, was added to the practice squad four weeks ago. He entered the league as a seventh-round pick of Philadelphia in 2011. Jones has been struggling with a calf injury that has caused him to miss two of the last three games. He was placed on the non-football injury list due to an illness related to the calf problem. Moats suffered an ankle injury in the loss to Seattle Sunday.



email: mgaughan@buffnews.com

Office Depot today debuts smaller format, new design at North Buffalo store

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Office Depot is moving into a smaller, new-format store in North Buffalo, an approach the chain is adopting around the country in a bid to draw more customers.

The new store opens today on Delaware Avenue just north of Hertel Avenue, in a former Blockbuster Video location. Office Depot relocated from its longtime home on Elmwood Avenue in North Buffalo.

The new store has about 7,000 square feet, about a quarter the size of its previous location. More than 100 of the small-format stores are expected to open within the next year; Buffalo’s is part of the first wave.

Along with a smaller size, the Delaware Avenue store features a new design, with large etched glass windows and colorful accent lighting. The format and appearance are aimed at giving the chain’s existing customers changes they have asked for, as well as attracting new customers, said Tom Shea, district manager for the chain’s New York region.

The store will have nearly the same number of employees – about 20 – as the Elmwood store did and will stock about 4,800 products, compared with 6,700 previously. The store is scaling back on products such as office furniture and some fringe items that were not popular, Shea said.

Electronic devices, such as computers, tablets and smartphones, and accessories are now showcased at the front of the store. Services such as personal-computer troubleshooting, copying and security software installation are set up in the center. There will be “PC Bars” at the entryway, where customers can relax, check their email or charge tablets or smartphones.

Office Depot’s lease at the Elmwood Avenue location was up, and the chain preferred the smaller, high-visibility space at Delaware and Hertel, Shea said. The Elmwood Avenue store was about 15 years old.

Arun Jain, a retail expert at the University at Buffalo School of Management, said he was skeptical Office Depot’s changes would succeed. “They’re in a very difficult spot,” he said. “Everybody is eating at their meals.”

For instance, he said, Walmart, supermarkets and drugstore chains carry many of the “back-to-school” supplies that office-supply stores stock. And retailers such as Best Buy and online businesses compete for sales of electronic devices. Within its own category, Office Depot has tough rivals such as Staples and Office Max.

Moving into a smaller space will make its stores more convenient to shop, Jain said. But, he said, the bigger question is how the chain will attract customers in a crowded field: “What will distinguish them from everybody else?”

“It has to start with the [employees],” Shea said. “It comes down to us to set the tone that we’re going to be the best of the best when it comes to customer service.”

Office Depot’s customer base is a mix of small-business owners, people with home offices and everyday consumers, he said.

Jain said switching to a smaller format comes with a risk: If customers are disappointed with the reduced selection, they might go elsewhere. But Shea said if customers can’t find something they want at the new Buffalo store, Office Depot can draw from its two other area stores or arrange a purchase through the chain’s website.

Not all Office Depot stores are adopting the small-store format; some are shifting to a mid-size format. For instance, Office Depot’s two other Buffalo Niagara stores are expected to be remodeled in 2013, and while their square footage may be reduced, they will not shrink to the size of the new Buffalo store, Shea said.

Florida-based Office Depot reported a $70 million loss in its third quarter, and a 5 percent drop in sales from a year ago, to $2.7 billion. The chain has reviewed all of its North American stores to decide whether to downsize, relocate, remodel or close them.

The company’s stock closed up 5 cents Tuesday, at $3.54.



email: mglynn@buffnews.com

Ideas for HSBC tower include observation deck

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Views from Buffalo’s tallest building might soon be more accessible to more people.

An observation deck and banquet facility are under consideration for the top floors of the HSBC tower, a top official with the building’s owner said Tuesday.

“We might be able to actually put some kind of an outdoor area on the roof of the building, but that would take an awful lot of engineering, making sure that’s done right,” said Stephen Fitzmaurice, chief operating officer of Seneca One Realty LLC.

Uses for the tower are on the mind of many in Buffalo beyond Seneca One. The building’s projected vacancy rate of 92 percent, caused in part by the departure of two of the major tenants next year, is expected to impact the regional real estate market.

In an effort to attract tenants from outside the area and create uses for the building that don’t involve moving office workers from one downtown building to another, national experts will come to Buffalo early next year to examine a mixed-use plan for One HSBC Center.

“When was the last time someone leased a condominium, or bought a condominium, on the 30th floor or the 36th floor of a building [in Buffalo]? That doesn’t exist right now,” Fitzmaurice said. “We can do a lot of things we haven’t been able to do.”

The building is 40 stories, but the top two floors are used for mechanical equipment. The 38th floor would perhaps be used for a banquet facility and a restaurant, and the 37th floor could house an observation deck unlike anything else in the city, Fitzmaurice said.

City Hall’s observation deck is on the 28th floor, but it’s smaller than what the tower could offer.

Seneca One is also looking at the possibility of bringing in back-office operations for law firms in more expensive cities as a way to fill floors that will continue to be used for office space.

HSBC announced earlier this month that it is moving its operations elsewhere, and in late 2013, law firm Phillips Lytle is moving into One Canalside, at the site of the former Donovan State Office Building. The Canadian Consulate has also moved out of the tower.

The Buffalo Urban Development Corp., an economic development agency, on Tuesday approved spending $10,000 from its Regionally Significant Project fund to help bring in a panel of architecture, real estate, banking and urban planning experts through the Urban Land Institute for three days to review proposed plans for the building and to offer input.

The panel will weigh in on how the building should be used; it will not pursue major tenants, said David A. Stebbins, vice president of the urban development corporation.

Seneca One is also paying $10,000 to bring the institute in, and the urban development group has submitted a grant application for $20,000 to National Grid.

To assist in their analysis, the experts will receive comprehensive data about Buffalo in advance of their visit, Fitzmaurice said.

The institute’s panels also have been used in planning for the redevelopment of the former Millard Fillmore Hospital complex and the Rainbow Centre-Culinary Institute project in Niagara Falls.



email: jterreri@buffnews.com

One officer suspended, one demoted over alleged dog theft

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A Ferry-Fillmore District police officer has been suspended and the chief of the district demoted in an investigation over allegations that the officer stole a dog from a Herman Street residence earlier this month, authorities said today.

Officer Kristen W. Russo allegedly went to the dog owner’s home on Herman at 6 p.m. Dec. 3 and demanded the dog from its owner, according to police sources. The owner first filed a complaint with the police department but later went to an area media outlet to complain about the theft and authorities began an investigation.

District Chief Michelle Kubala apparently heard of the incident, prior to the complaint, but took no action to rectify it and was demoted to her civil service rank of lieutenant earlier this week and has been assigned to the Northwest District, police sources said this morning.

Police spokesman Michael J. DeGeorge said the case remains under investigation by the department’s Internal Affairs Division.



email: lmichel@buffnews.com

Taglianetti arraigned in Clymer superintendent’s murder

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MAYVILLE – The Virginia man wanted in the Sept. 21 shooting death of Clymer School Superintendent Keith L. Reed Jr. was formally indicted by a Chautauqua County grand jury on a count of second-degree murder Wednesday, officials said.

Anthony Robert “Rob” Taglianetti, 42, had been in a Virginia jail since he was pulled over on Sept. 28 near the Shenandoah National Forest where authorities said he had been hiding since shooting Reed outside the school official’s home in Clymer.

Investigators say Taglianetti drove from his home outside Washington, D.C. to Clymer on Sept. 21 with the intention of killing Reed because he had found emails between Reed and his wife.

Investigators with the Chautauqua County sheriff’s office drove Taglianetti to Mayville on Tuesday.

Taglianetti, who was represented by a public defender, entered a not guilty plea in Chautauqua County Judge John Ward’s courtroom Wednesday at his arraignment.

Judge Ward set bail for Taglianetti at $2.5 million cash or $5 million real property bond.

Family friend gets 24 years for sex crimes against 12-year-old girl

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A 59-year-old Michigan Avenue man found guilty of sex crimes against a 12-year-old girl was sentenced Wednesday to 24 years in prison.

“I think you stole her innocence. You destroyed her trust,” Erie County Judge Kenneth F. Case said as he sentenced James H. Washington.

Washington had faced a possible sentence of 32 years. He was 56 years old at the time of the crimes.

Washington made a long, rambling statement in which he lashed out at the police and the girl’s mother but also professed to serve God and others and continues to love those in the family he victimized.

“I have no remorse being in prison, praising God,” Washington said.

At one point, Case asked those in the gallery to refrain from reacting to Washington’s statements. The victim’s mother cursed Washington during his statement.

In November, jurors convicted Washington of first-degree course of sexual conduct against a child and second-degree criminal sexual act. Washington has known the girl and her family for years through his relationship with one of the girl’s relatives.

Jurors found that he engaged in at least a half dozen acts of oral sodomy and sexual intercourse with the girl from November 2009 to April 2010.

The girl delayed reporting the sexual abuse because she feared how the revelation would affect her family, her mother said during her victim-impact statement.

“She kept it inside because she knew the damage it would do to the family,” the victim’s mother said.

Now, the girl, angry and distrusting, undergoes counseling as she deals with the emotional pain of what happened, the mother said.

The mother bristled at comments Washington made to a probation officer who prepared his pre-sentence report. Washington told the probation officer the child “is a very, very good actor.”

“She’s not an actress,” her mother said. “She didn’t make any of this up.”

The girl revealed the abuse to her mother about a year after the last incident. By then, her school grades had suffered, and the mother had grown alarmed because her daughter insisted on staying in her bedroom. The girl’s behavior also turned worrisome, such as when she began cutting her arms.

“She was cutting herself,” her mother said in court. “Was that part of her routine?”

The child’s spirit and childhood were stolen by a man she had grown to trust, the mother said.

“There’s really not much more that can be said to describe the breach of trust in such a violent way,” said Rosanne E. Johnson, chief of the Special Victims Bureau of the Erie County District Attorney’s Office.

During the trial, jurors heard the girl testify, watched parts of a detective’s videotaped interview with Washington and listened to a recorded call between Washington and the girl’s mother.

At the trial, defense attorney Joseph J. Terranova characterized Washington as “a pleaser” who would say anything if he thought it would please the person to whom he was talking. That explained Washington’s apology during the police interview, Terranova said.

Washington’s signed police statement in which he acknowledged the sexual misconduct made it a difficult case to defend, he said.

Terranova said Washington has accepted responsibility for his actions, despite his comments to the probation officer and lack of an apology during his statement in court.

“We have forgiven him,” the girl’s mother said. “Angry? Yes. I don’t hate him.”



email: plakamp@buffnews.com

Holland man charged with BAC more than three times legal limit

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A Holland man was charged with aggravated driving while intoxicated early today, after a witness called authorities to report a possibly intoxicated man at a Town of Elma gas station, the Erie County Sheriff’s Office reported.

The witness saw the driver, identified as Joseph B. Secord, 44, at a gas station on Bullis Road.

A sheriff’s deputy arrived and determined Secord seemed intoxicated. Secord was arrested and submitted to a breath test which indicated his blood alcohol content was 0.26 percent, more than three times the legal limit, sheriff’s officials said.

Secord was charged with aggravated DWI because his BAC was more than 0.18 percent.

He was released on appearance tickets returnable to Elma Town Court.

Falls man charged with rape

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

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

Rochester man charged with beating Falls man for prescription pills

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

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

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

Man on Jamestown’s most wanted list arrested after standoff

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JAMESTOWN – A Pennsylvania Avenue man who was on the city police department’s Top Ten Most Wanted list was arrested late Wednesday morning following a brief standoff, officials said.

David R. Olson, 48, was wanted on a felony charge of second-degree assault. Police said they found him hiding in the woods behind his home.

After a brief standoff, Olson was arrested. He was committed to the Chautauqua County Jail without bail.

City planners seek input on Green Code

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City planning officials are taking their proposed new zoning Green Code on the road again this week, presenting it to businesses, property owners, developers and others, in at least three different meetings, in advance of releasing it to the public for comment next month.

At a forum Wednesday at the Buffalo Place offices, senior city planner John M. Fell and a consultant hired by the city laid out specifics of the first major revision to Buffalo’s zoning code in over 60 years.

Similar meetings were being planned for Wednesday evening and this morning, with participants specifically invited to participate. After their comments are incorporated into the working version, a public draft will be released in late January. Already, more than 3,000 people have been involved in the process.

“It’s critical that we get the development community, the people who build the buildings, in on this,” said Brendan Mehaffy, executive director of the city’s Office of Strategic Planning.

The proposed new code, which the Common Council will consider for adoption in March, is intended to bring a modern approach to zoning and economic development by encouraging and reinforcing mixed-use and walkable communities throughout the city. It’s part of a larger project initiated by Mayor Byron W. Brown in 2010 that also includes the first citywide land-use plan in 30 years. A six-month grace period will follow adoption of the code.

“You’re going to find this code a lot more liberal than your current code,” Leslie S. Pollock, principal consultant at Camiros, the Chicago-based consulting firm that is working with the city, told participants at the Buffalo Place forum. “You’ll find the flexibilities in this code will work to your benefit.”

But the plan’s Achilles’ heel may be the subject of parking, which is already controversial in Buffalo because of stark differences of opinion on its pricing and availability in the city.

The new code does not currently allow new freestanding parking structures or lots in the downtown core, but encourages parking to be linked to other developments, such as retail or office buildings. Critics said that could reduce opportunities for shared parking and instead create too many private lots that aren’t fully used.

Planners acknowledged there could be problems. “We realize that’s an issue, and we will be addressing that,” Fell said. “That’s why we’re doing these working groups.”

More than two and a half years in the making, the code sets new rules on the “form, use and character of development in Buffalo” and “combines zoning, subdivision and public realm standards” into one easy-to-use document, according to a two-page summary sheet.

The code contains about 13 articles, dealing with variations between different neighborhood or district zones in the city and the types of buildings permitted in each zone. It also covers specific overall requirements for landscaping, building frontage, fences and walls, parking, signs, outdoor lighting, public safety, thoroughfares, and access for vehicles, bikes and pedestrians. Storm water management is included. And it addresses administration of the code, enforcement of the rules and the process for appeals.

Section 4 alone, which deals with the Neighborhood Zones and was the focus of Wednesday’s gathering, is 68 pages. “It’s hard to be brief about zoning,” Pollock joked.

Moreover, the code – known as a Unified Development Ordinance – deals not only with private development but also public investment into signs, parks and highways.

But state and federal developments are exempt, since their authority supersedes the city. “The usual policy is to plead,” Pollock said. “The federal government can do what it wants.”

Perhaps most importantly, the planners said the code needs to be a “living document” that can be amended when appropriate, instead of just granting variances. “We’ve passed out variances like Halloween candy in the past 50 years, so we’ll have to change the culture,” said Chris Hawley, a city urban planner.

email: jepstein@buffnews.com

Obama: He and Boehner ‘pretty close’ to deal

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WASHINGTON — Optimistic despite a tightening deadline, President Barack Obama said Wednesday he and House Speaker John Boehner are "pretty close" to a grand fiscal deal to avoid a first-of-the-year shock to the economy, but that congressional Republicans "keep on finding ways to say no as opposed to finding ways to say yes."

Obama cast a resolution to the "fiscal cliff" as a matter of political will. He said in the aftermath of the massacre of school children in Connecticut, the nation deserves a compromise by its political leaders.

"If this past week has done anything, it should just give us some perspective," he said. And he urged lawmakers to "peel off the partisan war paint" and strike a deal.

Obama spoke to reporters at the White House after announcing an administration-wide response to Friday's shooting at an elementary school in Newtown that killed 20 first-graders and six adults.

His comments came shortly after the White House threatened to veto Boehner's backup plan for averting the "fiscal cliff." Boehner's measure, a so-called Plan B, would block tax increases from being triggered Jan. 1 on everyone but those whose incomes exceed $1 million.

Boehner is planning a House vote on his proposal on Thursday, hoping it would raise pressure on Obama to make concessions as both sides continue reaching for a bipartisan deal on averting the "fiscal cliff." Without an agreement among lawmakers, broad tax increases on nearly all taxpayers and budget-wide spending cuts will be triggered in early January.

Boehner, R-Ohio, responded to Obama with a defiant tone. In an appearance before reporters that lasted under a minute, Boehner called on Obama to offer a deficit-cutting plan balanced between spending cuts and tax increases and predicted that the House would pass his backup plan.

"Then the president will have a decision to make," Boehner said. "He can call on the Senate Democrats to pass that bill or he can be responsible for the largest tax increase in American history."

Obama dismissed Boehner's proposal, saying it would not provide unemployment insurance for 2 million jobless Americans and would result in higher taxes for families that benefit from various tax credits.

"That violates the core principles that were debated during the course of this election and that the American people determined was the wrong way to go," Obama said. Instead, Obama said, he and Boehner in their own talks had moved significantly toward each other before talks reached a lull on Tuesday.

"What separates us is probably a few hundred billion dollars," Obama said. "The idea that we would put our economy at risk because you can't bridge that gap doesn't make a lot of sense."

A number of leaders of business associations went to the White House on Wednesday to meet with senior administration officials as Obama continued to seek allies to apply pressure on Republicans.

"I actually think they've gotten kind of where they need to be on the revenues," former Republican Michigan Gov. John Engler, now president of the Business Roundtable, said as he arrived at the White House. "The question is, it's gone so long, are we there in time? I don't know."

Among others attending were U.S. Chamber of Commerce President Thomas Donohue and former Republican Minnesota Gov. Tim Pawlenty, now president of the Financial Services Roundtable. They were meeting with White House Chief of Staff Jack Lew, Treasury Secretary Timothy Geithner, Obama senior adviser Valerie Jarrett and his economic adviser, Gene Sperling.

Earlier, Boehner spokesman Brendan Buck said White House opposition to the GOP backup plan "is growing more bizarre and irrational by the day." He said Republicans prefer a deficit-cutting plan that is balanced between tax increases and spending cuts, but Obama has yet to offer such a proposal.

"If Democrats disapprove of this bill, then there is a simple solution: amend it in the Senate and send it back to the House," Buck said in a written statement.

Senior administration officials said there have been no talks advancing the negotiations on a big fiscal cliff deal since Monday, after Boehner called Obama to say he was going to take a Plan B to the House. The officials spoke on condition of anonymity because details of the negotiations had not been publicly announced.

Boehner's prospects for pushing Plan B through the House received a boost Wednesday when anti-tax activist Grover Norquist said the measure would not violate his anti-tax pledge, which most GOP members of Congress have signed.

Norquist said the "sole purpose" of Plan B is to prevent tax increases — not mentioning that it would allow higher taxes on people earning over $1 million, which until recently had been a non-starter among Republicans.

But Club for Growth, a conservative group that often finances challengers to Republicans it considers too moderate, urged lawmakers to oppose Plan B because it would raise taxes on the wealthy, as well as on capital gains and dividends.

Obama's latest offer — focusing tax boosts on incomes above $400,000 — would affect nearly 1.1 million taxpayers. Limiting the tax boosts to income exceeding $1 million would target just 237,000 households, according to the latest Internal Revenue Service figures for 2009.

Allowing a vote on Plan B might increase GOP support for a negotiated compromise with Obama. Some Republicans might feel more comfortable supporting an accord with Obama — which would likely include more tax increases than they want — after being given a chance to vote for Boehner's narrower tax increase on millionaires because it would let them show voters that they preferred a smaller tax boost.

Even if it could survive in the House, Senate Majority Leader Harry Reid, D-Nev., has declared it dead in his chamber and now the White House has promised to veto it should it somehow reach Obama's desk.

The backup plan by Boehner would do nothing to head off deep cuts in defense and domestic programs scheduled to begin taking effect in January. And it contains none of the spending reductions that both Obama and Boehner have proposed in their efforts to strike a compromise.

"The speaker is trying to get as much leverage as he can to deal with the president," said Rep. Charles Boustany, R-La., describing the pressure Republicans were hoping it would put on the White House. But he added that he wasn't sure the plan was the best way to get that leverage.

Besides letting tax rates rise only on incomes exceeding $1 million, Boehner's Plan B also would boost the top rate on capital gains and dividends from their current 15 percent to 20 percent for earnings over $1 million, preventing higher increases. It would continue current tax levels on inherited estates — less than Obama wants — and prevent the alternative minimum tax from raising taxes owed by 28 million middle- and upper-class families.

Boehner unveiled his backup plan on Tuesday. He did so even though he and Obama have come tantalizingly close to finding a politically palatable combination of revenue increases and budget savings that could slice around $2 trillion from projected federal deficits over the coming decade.

Obama has reduced his demands for tax increases to $1.2 trillion over 10 years, to be imposed on incomes exceeding $400,000 annually. In so doing, the president abandoned his campaign season insistence that he would raise taxes on individuals earning over $200,000 and couples making more than $250,000.

Boehner has boosted his revenue offer to $1 trillion, including raising income tax rates on incomes over $1 million. That is a major concession from the leader of a party that has made opposition to higher rates a fundamental tenet for a quarter century.

Obama has also departed from his party's orthodoxy by proposing smaller annual cost-of-living increases for Social Security recipients. The new formula for measuring inflation would affect other benefit programs as well and push more people into higher income tax brackets.

City board denies man’s request to sell guns from his home

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A man who trains clients in proper gun use and safety was told today that he cannot sell the weapons out of his home.

Howard Slaughter, who lives on the East Side, approached the city about selling guns to his clients, but the Zoning Board of Appeals denied his request.

A neighborhood meeting was held last week, and the people who live nearby who spoke out were unanimously opposed to the idea, said Ellicott Council Member Darius G. Pridgen.

Slaughter said he was interested in purchasing guns from wholesalers, which would be delivered to his home, and then selling them to his clients.

The neighborhood was concerned about an influx of guns into the neighborhood, Pridgen said.

Board Chairman James A. Lewis III suggested that Slaughter secure commercial space in which to sell the guns.

The city does not allow firearms to be sold in residential districts, which is why a zoning variance would be required.

Slaughter was in pursuit of federal authorization to sell guns, which required that he receive local approvals.



email: jterreri@buffnews.com

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

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

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

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

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

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

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

He told deputies that he owned two assault rifles – ARs – but was not carrying them, according to a sheriff’s report.

A message deputies later recovered from the phone said, “I’m stressin’ bad and I want a few to calm me down before I pull the AR out,” the report said.

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

Due to the text message and mental health issues, deputies made contact with Reppenhagen’s girlfriend, who agreed to surrender Reppenhagen’s firearms, which were secured at the Sheriff’s Office.

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

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

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

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



email: nfischer@buffnews.com

WNY gets $52.8 million in state economic development funding

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ALBANY – Western New York was not among the big winners among the state’s 10 regions in the competition for the top funding prizes from a $738 million state economic development program. But it did come away with $52.8 million in new cash and tax incentive funding on Wednesday.

The five-county region lost to top award winners from regions including Rochester, Syracuse, the Southern Tier, the Mid-Hudson Valley and the North Country. The $52.8 million is half the level the Buffalo area received last year.

The completed list of approved projects, released by the administration five hours after the event ended, included support for a number of specific ideas pushed by the Western New York Regional Economic Development Council, while trimming or eliminating a number of funding ideas the group offered.

A $3 million request for TheraSyn Pharmaceuticals to expand an existing facility was lowered in the final approved document to $2 million. The Finishing Trades Institute of Western and Central New York plan to expand training space in existing buildings was approved at $600,000 instead of the requested $1.5 million, and a revolving loan and grant fund to help neighborhoods in five counties by the Western Regional Corp. Community Revitalization Program will get $2 million instead of the requested $5 million. An Alfred University request for $3.3 million for an advanced materials manufacturing center was funded at $500,000 in the final award booklet released this evening.

A $450,000 grant was approved for the Downtown Niagara Falls Stabilization Project.

Among those funding requests outright eliminated in the final document was $1.5 million for a wood-fuel processing facility at Niagara Recovery and $1.1 million to improve 4.5 miles of Niagara Street in Buffalo.

The final plan offers bad news for the polar bears: a $1.5 million request for the Buffalo Zoo’s Arctic Edge exhibit was reduced to $376,000. For skiers, though, there was good news: the final document does include $350,000 for new, high-speed quad chairlifts at Swain Ski Resort in Allegany County.

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Document: Complete list of specific economic development awards, broken down by region

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The announcements by Gov. Andrew M. Cuomo were staged in a theater near the Capitol in a highly choreographed event complete with videos and a celebrity host intended to illustrate what the governor has said would be his singular commitment in office: job creation.

“People believe in the state of New York again ... If they believe in New York they stay in New York,’’ Cuomo told the audience.

The announcement marked the second year of a program initiated by Cuomo to force regions to compete against each other by devising unique economic development ideas and possible opportunities. Last year, the state’s regions were given a total of $785 million; the Buffalo area in 2011 received $100.3 million, the fourth highest among the top winning groups.

But the Cuomo administration, cautious not describe any of the regions as losing in the competitive process, again this year gave all areas of the state some level of funding commitments – so the hundreds of local government and economic development officials did not have to leave Albany empty-handed.

Only New York City and the Capital Region, regular major beneficiaries of economic aid from various funding pots, brought home less money than the Buffalo area Wednesday.

The big honors this year went to the Finger Lakes, including Rochester, which will be getting $96.2 million; Central New York, including Syracuse, which was awarded $93.8 million; the Mid-Hudson Valley at $92.8 million; and the Southern Tier with $91.1 million; and the North Country with $90.2 million in promised assistance.

The total $738 million for the statewide grants will help fund 725 different projects identified by regional development groups. Less than a third of the total funding comes in the form of actual state cash; the rest comes from a combination of different tax-related incentives.

Even before the event, Buffalo-area officials privately sought to downplay the chances for the area being chosen near the top again this year. Besides placing fourth last year and getting one of the top funding levels, the region also has drawn some jealousy from other areas of the state from Cuomo’s pledge last year to commit $1 billion on specially targeted job creation efforts in Western New York. That commitment now needs another $950 million to be spent following the announcement earlier this week that $50 million in state money will go into the Buffalo Niagara Medical Campus to lure an Albany-area biomedical research firm.

The local development council, co-chaired by Buffalo developer Howard Zemsky and University at Buffalo President Satish Tripathi, last year submitted a wish list of 20 projects with a price tag of $74 million – far higher than the $40 million available to the top four winners in the $200 million cash-grant portion of the program.

Local officials said there was no bad news in the announcement by Cuomo that the Buffalo area would be getting half of its 2011 award. “No, I’m not disappointed. There was an expectation that we were not going to receive as much as last year’s round, which is understandable because we’re receiving more than everyone else when you include the billion dollar commitment as well as the $100 million released in the last budget,’’ Erie County Executive Mark Poloncarz said.

“I look at it in the context of $1.15 billion in a year and a half. I think we have a lot to be excited about. It’s an extraordinary commitment by the state of New York over the last year and a half,’’ added Zemsky.

Zemsky said he is still awaiting a final list of approved projects – which will be a combination of ideas generated by the regional group and state agency proposals.

“I don’t think we can underestimate the impact of this collaborative, decentralized and strategic approach to economic development to Western New York and the rest of the state. It’s a 180-degree sea change from the way economic development was done in this state from the previous decade,’’ said Zemsky, who was appointed to the regional group by Cuomo and was also Cuomo’s pick as chairman of the Niagara Frontier Transportation Authority.

Officials said the second year of the program shifts to having regions develop their own plans. “Now we have a university, industry, government partnership that is committed to building a new New York region by region,’’ Assembly Speaker Sheldon Silver said at Wednesday’s today’s event.

“These are very different regions. Economically, there’s almost no commonality ... so there was never one economic template that was going to work. It had to be region by region,’’ Cuomo said.

The awards were announced by CNBC journalist Maria Bartiromo, who spent a sizable amount of her time on stage offering compliments to Cuomo’s time as governor.



email: tprecious@buffnews.com

Poloncarz encouraged by talks about keeping Bills in Buffalo

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ALBANY – Erie County Executive Mark C. Poloncarz was sounding confident Wednesday after what he described as “significant talks’’ held Tuesday night between representatives of the county, state and Buffalo Bills about keeping the team from leaving town.

Poloncarz said earlier discussions about possibly just making a short-term, one-year deal to give the sides more time to resolve issues are now off the table, and all sides are focused on a multi-year effort that would include public financing – including capital and some operating costs – for the team in return for a commitment to stay.

“It’s a complicated deal. I like the position we’re in, but we’re not there yet,’’ Poloncarz said Wednesday in an interview with The Buffalo News at the state Capitol.

Poloncarz would not say, as some county sources have indicated, that a deal was imminent before Superstorm Sandy hit in October.

The negotiations did take what Poloncarz said was an understandable back seat to Sandy’s recovery efforts because the two leading negotiators for the state – Lt. Gov. Robert Duffy and State Operations Director Howard Glaser – were heavily involved in downstate storm matters.

“When Hurricane Sandy hit, that was the No. 1 priority, truthfully, for all New Yorkers,’’ said Poloncarz, who was in Albany for an economic development meeting. He added, “So I’m not going to make any criticism of them walking away when Hurricane Sandy hit because it was the No. 1 priority not only for New York state but, truthfully, every community on the East Coast.”

As a result of the storm, there was a three-week halt in the daily phone conversations and emails that were going back and forth between state, county and team negotiators. State and county officials say the talks have now heated back up again.

Joshua Vlasto, a spokesman for Gov. Andrew M. Cuomo, and Scott Berchtold, a spokesman for the Bills, both declined comment Wednesday afternoon.

While Poloncarz did not provide specific details about the talks, his choice of words about a possible deal – like “when’’ an agreement happens, not “if’’ – were revealing.

“We made a lot of progress,’’ the county executive said.

He said the talks are complicated and, if there is a final deal, will entail multiple documents that will be well in excess of six inches high.

“It all comes down to we want to ensure this team’s here for a significant time period, so if we’re going to invest public dollars to renovate Ralph Wilson Stadium and assist the Bills with operating assistance as we have in the past, then we also want to ensure they’re there for some period,’’ he said.

Poloncarz described Tuesday night’s negotiating session as “significant” and “very good.”

Some observers have theorized the Bills may want a short-term deal because of health problems confronting Ralph Wilson, the team’s aging owner, and, as a result, the unknown future ownership issues that will arise upon his death.

But Poloncarz said he believes all sides – the county, state and team – are committed to a longer-term deal instead of a temporary, one-year type of arrangement. “There was a discussion at one point,’’ he said of a shorter term arrangement, “but I think everyone realizes why do a short-term lease if we can get a long-term lease done now.’’

Four times during the interview, Poloncarz repeated the phrase: “I like the position we’re in.’’

But he said the sides also have agreed not to make any sort of announcement on a conceptual deal.

“We generally have said as a group that we’re not going to announce a complete deal until everything is complete. When we announce it, it’s because we have a hard deal that ensures that the Bills will be the Buffalo Bills for the foreseeable future,’’ he said.

There also has been a swirl of speculation about possible ownership groups in various stages of formation to make offers to buy the team when Wilson dies. But the county executive said he’s had no talks with any such possible entities.

“We are negotiating and dealing with the Buffalo Bills organization, starting with Ralph Wilson to the CFO [chief financial officer] Jeff Littmann and CEO [chief executive officer] Russ Brandon. There’s no talk of anyone else, nor am I aware of anything with regards to a successor organization,’’ he said.

Poloncarz said Wilson is doing everything he can to keep the team in Buffalo. “He could have left many years ago. He’s had a long-standing commitment to this community and he’s proven that commitment once again by wanting to ensure that this team is here for many years to come,’’ he said.

Asked if he knew of any legal steps Wilson has taken to keep the team in Buffalo after he dies, Poloncarz said, “It is a private organization. It is a private company. I truthfully am not privy to the details of what’s going to happen upon Mr. Wilson’s leaving this mortal coil,’’ he said.

As for possible timing, he said, “We’re not there yet. We’ve been working very hard. There was a significant phone conference last night,’’ he said, declining to elaborate.



email: tprecious@buffnews.com

Niagara County taxes to rise 1.89 percent

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

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

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

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

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

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

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

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

Property tax rates for the individual municipalities are:

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

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

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



email: tprohaska@buffnews.com

Defensive stats a sore point of Gailey’s Buffalo tenure

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Here is Chan Gailey’s take on statistics:

“I think we make too much out of numbers sometimes,” the Buffalo Bills’ coach said Wednesday. “Statistics are for people to make evaluations that sometimes are true and sometimes aren’t completely valid.”

Keep that in mind when reading this: The Bills are on pace to give up a franchise record for most points allowed and the second-most yards allowed in team history.

That raises the question, does Gailey think those numbers are valid?

“The yards are more true than the points are because of field position and kick returns,” Gailey said. “Everything factors into that. Turnovers that they end up at the 10-yard line or scoring on, the points are not as indicative as yards would be, in my opinion. I think that we had made some strides up until last week. Now it’ll test our mettle a little bit, to see how we come back from playing like that as a defense [last week against Seattle], to see how mad that made them and if we can go down [to Miami] and play well this week.”

After last week’s 50-17 debacle against the Seahawks in Toronto, the Bills have given up 404 points through 14 games. The franchise record for most points allowed in a single season is the 454 yielded by the 1984 edition. With 5,173 yards allowed this season, they are on pace to yield 5,912, which would trail only the 5,938 yards allowed last season.

“We all have to be accountable to our job and do what we’re supposed to do,” defensive tackle Kyle Williams said. “When you don’t do that, you get burned pretty good.”

That’s happened far too often this season. The Bills are the first team since 1986 to give up 45 or more points four times in a season.

“It bothers you … more than anything that you’re losing games and you can’t find a level of consistency,” Williams said. “That’s the main thing we’ve got to get fixed. … I think the teams that are consistent, they find a way to be consistent over the course of a year. Obviously every team is going to have a bad game or two, is going to have some bad things happen, but the teams that can avoid those the most and play consistent are going to win football games, and we’re just not very consistent.”

It’s more than just a season-long issue, too. Gailey’s three-year run as coach will go down as the worst stretch of defensive football in franchise history. It’s all but assured the Bills will have three of the four worst scoring defenses in the club’s history and three of the five worst seasons in regards to yards allowed since Gailey took over.

What’s frustrating for players and coaches is that Sunday’s 50-spot came after they thought they had turned the corner on defense. Statistics would say that was true.

Heading into last Sunday’s game, the Bills had allowed 272.8 yards per game in their last five, second to only Pittsburgh (248.7) in the NFL.

Their run defense had allowed 78.4 yards per game and 3.1 yards per rush, figures that were second and tied for first in the league, respectively.

“You feel like you’re playing better, then something like Sunday happens, and it’s definitely a shock to the system,” Williams said. “The only answer for it is to try to come out and get better and work. We all have to trust one another — players, coaches, everybody — that we’re going to do the right thing by one another. We’re going to prepare the right way and continue to play the right way.”

“Every week erases everything before,” defensive end Mario Williams said. “I don’t care about what I did before, because it’s ‘what have you done for me lately?’ That type of mentality.”

To avoid going down as the worst defense in team history, the Bills will have to improve their performance against the read-option offense the Seahawks used Sunday. Buffalo’s opponent Sunday, the Miami Dolphins, runs some read-option plays.

“They’re somewhat unconventional runs, but we got to be able to stop those,” linebacker Nick Barnett said. “It’s not that big of a deal if we execute our responsibilities and we got a little nosy a couple times [against Seattle] on a couple of plays and you can’t do that.”

“It comes down to us going out and fixing those things and being able to respond better,” Mario Williams said.

Statistics would say that’s true.



email: jskurski@buffnews.com

More New York Army National Guard soldiers return home

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About 29 Buffalo-area soldiers from the New York Army National Guard’s 27th Infantry Brigade Combat Team returned home early Thursday morning, military officials said.

The soldiers pulled up in a bus at the New York State Armory on Connecticut Street at about 5 a.m.

They were among about 115 soldiers to return home to New York State following a year-long deployment in the Middle East. Most of them were deployed to Kuwait.

There are still about 400 National Guard soldiers at Camp Shelby in Mississippi awaiting to come home after being demobilized. Another 270 National Guard soldiers from New York remained deployed overseas and should return this month or in January.
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