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Concerns raised over Cuomo tax plan

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By Tom Precious

ALBANY -– In a further sign of trouble for one of his signature budget proposals, more than than 100 local officials across the state have signed onto a letter criticizing Gov. Andrew Cuomo’s latest property tax plan.

Lawmakers and groups representing various levels of local governments -– schools, counties and others -- have already raised concerns in recent days and weeks that Cuomo’s property tax freeze plan ignores the realities of rising costs of local government services, many of which are mandated by the state but not paid for by Albany.

The new letter from local elected officials -– from towns, villages and cities across the state -– was organized by a coalition of groups opposing Cuomo’s plan, including the Working Families Party.

The local officials, in a “Dear Albany’’ letter, said governments across New York have been cutting police, fire and sanitation services in recent years, especially since Albany has reduced the level of state aid it provides localities over the years and the enactment of a 2 percent property tax cap several years ago that has slowed revenues at a time when mandated costs keep rising.

The local officials said the governor’s proposal “will only exacerbate the problems we face on a daily basis. We do not believe the $1 billion property tax freeze as proposed in the executive budget is practical,’’ they wrote.

The governor’s plan will provide modest savings in the form of a rebate check to individual homeowners in upstate as compared to downstate residents, where property taxes are among the nation’s highest. Upstate property taxes, when measured against income levels, have some of the highest levels in the country.

In the second year of the Cuomo plan, local taxpayers will only get a property tax break from the state if their local taxing jurisdiction -– school district, county, town –- stays within the limits of the state’s annual property tax cap and submits a plan to share services, consolidate or merge with other nearby localities.

Localities, though, say that many have already enacted shared service agreements and other consolidation efforts in recent years, and that those plans will not be grandfathered into the Cuomo property tax freeze equation. The local officials, in their letter, said that the main state revenue-sharing program for local governments across New York is down 75 percent since 1980 when adjusted for inflation.

“We urge you to reject forced property tax freezes and forced consolidation and mergers,’’ the local officials wrote.

The letter was signed by county clerks, county legislators, city council members, town supervisors, library board members, highway superintendents, city treasurers, a county comptroller and mayors, including Syracuse Mayor Stephanie Miner, who Cuomo handpicked several years ago to be co-chair of the state Democratic Party. They include local officials from Western and Central New York, the Southern Tier, Long Island and the Hudson Valley.

West Seneca Supervisor Sheila Meegan, a Democrat, said her town and others across the state are already struggling to live under the state’s tax cap while having to provide state-mandated services.

“For our municipality, we’re actually looking for greater communication with the governor and (relief) from unfunded mandates. That’s where we’re getting killed,’’ Meegan said in an interview this morning. She criticized a system in which Albany “is dictating to us’’ how to run localities without providing the payments for services the state requires.

“We would hope some of these mandates they forced on municipalities would get paid by the state,’’ she said.

UPDATE: Larry Schwartz, secretary to the governor, pushed back against the criticism by local officials. "It's clear that some local officials don't want to be held accountable by taxpayers for staying within the cap and taking action to share services, reduce costs and lower property taxes. Under the governor's plan, local governments and schools will be responsible for taking the right steps to get their fiscal houses in order, much like the state has already done so,'' Schwartz said in a written statement this afternoon.


Amherst man indicted in child porn case

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A federal grand jury has indicted an Amherst man for possession of child pornography.

Cameron Stroke, 32, is accused of possessing child porn that contained graphic depictions of the sexual abuse of prepubescent children and children performing sexual acts with animals.

Assistant U.S. Attorney Aaron J. Mango said the images were discovered by investigators after the defendant went online and solicited minors for sexual purposes. 

The indictment is the result of an investigation by the FBI, New York State Police and Cheektowaga Police.

West Seneca police disclose drug probes and warrant activity

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West Seneca police narcotics detectives are involved in an ongoing probe of alleged trafficking of crack cocaine, prescription medications, heroin and marijuana, often using “Herc.” a Buffalo Police K-9 dog, Det. Capt Patrick A. Shea said Thursday.

Recent raids on houses in the 2400 block of Seneca Street and Burch Avenue in West Seneca have produced information vital to the investigations, he said. Shea also confirmed West Seneca police are conducting a “warrant roundup” of up to 75 criminal court scofflaws in the town. The warrant cases range from felony burglary cases to marijuana arrests dating back to 2010.

Amherst man indicted in child porn case

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A federal grand jury has returned a five-count indictment charging an Amherst man with possession of child pornography, U.S. Attorney William J. Hochul Jr. announced Thursday.

The indictment charges that Cameron Stroke, 32, possessed graphic depictions in February 2011 of sexual abuse of prepubescent children and children performing sexual acts with animals. He pleaded not guilty to possessing child pornography Jan. 31.

Prosecutors said the images were found when investigators were tracking down someone soliciting minors on the Internet for sexual purposes. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine upon conviction.

Lackawanna Six member testifies of meeting with bin Laden before 9/11 attacks

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NEW YORK – A member of the Lackawanna Six who trained at an al-Qaida camp in Afghanistan in the spring of 2001 before losing his nerve testified Thursday that he encountered Osama bin Laden and the terror group’s spokesman at a safe house – and that bin Laden hinted that a suicide attack on U.S. soil was in the works.

“Just know you have brothers willing to carry their souls in their hands,” bin Laden told the witness, Sahim Alwan, and other recruits, Alwan said on the witness stand in federal court in Manhattan.

Asked what he thought that meant, Alwan responded, “To die.”

His testimony came at the trial of bin Laden’s son-in-law, Sulaiman Abu Ghaith, who’s accused of plotting to kill Americans by being a motivational speaker at al-Qaida training camps before the Sept. 11 attacks in 2001 and as a spokesman for the terror group afterward when it sought to recruit more militants to its cause.

Alwan, 41, was among a half-dozen men who became known as the Lackawanna Six after their arrests on charges of providing material support to terrorists by attending bin Laden’s al-Farooq camp in Afghanistan in 2001. He pleaded guilty in 2003 and served about seven years behind bars.

Testifying under subpoena, Alwan told jurors that he became an aspiring jihadist after worshipping at a mosque in Lackawanna, where he grew up. In April 2001, he traveled to Pakistan and crossed the border to Afghanistan, where he was directed to the safe house to wait for an assignment to a training camp.

While staying there, bin Laden showed up in a truck with an entourage of AK-47-toting men with masks on their faces, Alwan said. He testified that he recognized bin Laden as the FBI’s “most wanted guy.”

He also testified that Abu Ghaith showed up at the house days later and explained an Islamic oath, or “bayat.” He said the defendant told the men that if they swore allegiance to bin Laden, they were also expected to back the Taliban.

The recruits were shown a video depicting the 2000 suicide bombing of the USS Cole in Aden harbor in Yemen that killed 17 American sailors, Alwan said. Prosecutors say the video was narrated by Abu Ghaith, and portions of it were shown to jurors Thursday.

After seeing the video and understanding who was behind the USS Cole attack and the bombings of two U.S. embassies in Africa in August 1998 that killed 224 people, including a dozen Americans, he said, “I knew I was in over my head.”

Once at the camp, where bin Laden visited the trainees one day, Alwan informed his trainers that he wanted to go home. He said he even faked an ankle injury, hoping to be sent to Kandahar.

But he was told that he needed to meet face-to-face with bin Laden first and that the al-Qaida leader knew he was from the United States even though he and the others had been warned not to disclose that fact.

He testified that bin Laden quizzed him about America, asking, “How are Muslims there? … How are the youth there? What do they think of the operations?” By operations, Alwan said, he assumed bin Laden meant suicide missions.

“I just said, ‘Oh, we don’t think about it,’ ” he testified.

Boston Town Board to address culvert issues

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The Boston Town Board hopes to find long-term solutions to problems with culverts that were brought up Wednesday by two Boston residents.

Rockwood Lane resident William Kester said he had an ongoing issue with a neighbor plugging a culvert on his property with snow. He reached out to the town for help.

“I want to say thank you to Highway Superintendent (Robert) Telaak and his crew,” Kester said.

According to Kester, the water was starting to “creep up into the window well” and the situation was solved before it became a major problem.

He said he asked Telaak and the town’s code enforcement officer to look at the codes and neither could find anything currently on the books that could help Kester. Kester asked the board to consider adopting a new law that would prevent future culvert problems.

Town Attorney Michael Kobiolka told Kester he suggested to the board a few years ago that it pass a resolution to prevent blockage of passageways.

The Town Board recently decided to look at updating town codes, and Supervisor Martin Ballowe said this issue is one the board will take into consideration. “This is one (code) we will be looking at,” Ballowe said.

The next resident who spoke, John Stressinger of Boston Cross Road, said he, too, has had issues with a culvert on his property during warmer times.

He said his property is adjacent to Boston South Park and that the grass grows high in the summertime, causing draining issues. He has taken it upon himself to try to fix the problem.

“It never gets mowed. I do it myself, and I don’t appreciate it,” Stressinger said.

Man in Hamburg Town Court over anti-SAFE Act sign

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A struggle for gun rights has morphed into a fight for free speech in Hamburg, after the town cited a Clarice Drive man with a zoning violation for his anti-SAFE Act sign.

E. Scott Zawierucha put the banner up on his fence that faces busy South Park Avenue.

“NY IS NOT S.A.F.E.!! STOP CUOMO – PRESERVE YOUR RIGHTS!!” says the sign, referring to Gov. Andrew M. Cuomo’s passage of the NY SAFE Act gun legislation.

There are anti-SAFE Act signs throughout the town, but Zawierucha will be in Town Court today to face the charge of the illegal sign.

In addition to the First Amendment and Second Amendment issues, he has questions about the role of local politics surrounding the sign.

Supervising Code Enforcement Officer Kurt Allen told the Town Board last month that Scott Zawierucha was not being targeted for his political views, but because the sign is located on a fence.

“I am not taking this down. I have been targeted,” Zawierucha said. “I’ve had nothing but positive feedback from people.”

Zawierucha said he first heard from the town last October, when he had a large sign on the fence in support of Erie County Sheriff Tim Howard, saying “Sheriff Howard fighting for your rights.”

He was sent a notice objecting to the sign and then went to see Supervisor Steven Walters, he said. He said the supervisor told him a couple of days later that the sign could stay up as a First Amendment issue.

He heard nothing until Jan. 14, when he received a notice telling him to remove the sign or he would be taken to court. He took the sign down – and put up the anti-Cuomo sign. The summons came in early February, citing the town code: “No images or language shall be painted, affixed to the outward side of any fence or directed at neighboring properties for any reason.”

Zawierucha finds it curious that the notice this year was sent Jan. 14, the day after the Town Board reorganized and power shifted from the Republicans to the Democrats. At the reorganization, the majority voted, 2-1, to remove his brother, Police Detective Sgt. Glenn Zawierucha, as coordinator and member of the town’s Emergency Management Team.

But Zawierucha is adamant that he has the right to post the sign, and he has garnered many supporters who are expected in court today.

“It in no way causes a problem for anyone,” he said of the sign. “It’s a matter of the First Amendment.”

He will be defended by Buffalo attorney James Ostrowski.

email: bobrien@buffnews.com

Garden Notes: News of area clubs and events

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Western New York Bonsai Club will meet at 6 p.m. Saturday in the Red Dragon School of Martial Arts, inside McKinley Mall. Guest Alan Adair will give a program on Larch. Fee for nonmembers, $5.

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Cheektowaga Garden Club will meet at 7 p.m. Monday in the Cleveland Hill High School faculty lunch room, Mapleview Road. Enter through the playground entrance. The election of officers will take place. Heidi Gee, from Russell’s Tree & Shrub Farm, will present “Spring Pruning.” Guests and new members are welcome.

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Evans Garden Club will meet at 7 p.m. Tuesday in the Angola Public Library. David Clark will present “Cutting Gardens for Fragrance.” For information, call 549-0598.

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Ken-Sheriton Garden Club will meet at 7:30 p.m. Tuesday in St. Mark’s Lutheran Church, 576 Delaware Road, Kenmore. Jeanette Williams, a docent at the Buffalo and Erie County Botanical Gardens, will present a program on plant propagation with a hands-on workshop and discussion on pollination. Guests are welcome. Monthly business meeting to follow.

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Kenmore Garden Club will hold its annual installation luncheon Tuesday in the Westwood Country Club, 772 North Forest Road, Amherst.

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Garden Friends of Clarence will meet at 6:30 p.m. Wednesday in the Clarence Town Park Clubhouse, 10405 Main St., Clarence, for a lecture by Sandy Starks, “Women & Gardens of Forest Lawn.” Public is welcome.

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Youngstown Garden Club will meet at 7 p.m. Wednesday in the First Presbyterian Church, 100 Church St., Youngstown. Gretchen Napier, owner of Peak Leaf Tea, will discuss the various types of tea and how herbs, fruits and flowers are incorporated. Public is welcome. Members are reminded to bring their membership dues.

Western New York Herb Study Group will meet at 7 p.m. Wednesday in the Buffalo and Erie County Botanical Gardens, 2655 South Park Ave. A video by the late Ellie Schmidt, a former member, will be shown featuring her experiences and uses of herbs on her farm and business.

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Alden Garden Club will meet at 7 p.m. Wednesday in the Alden Community Center, 13116 Main St., Alden. Carrie Barnard, owner of Country Crossroads in Marilla, will present “Silk Flower Arrangements and Displaying Tips” – creating five Easter arrangements to be auctioned. Guests are welcome.

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Lancaster Garden Club will hold a pot-luck dinner at 6:30 p.m. Thursday in St. John’s Lutheran Hall, 55 Pleasant Ave., Lancaster. Members are asked to bring a favorite dish to pass and a place setting to be judged. Awards presentation and installation of officers to follow. New members are welcome.

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South Town Gardeners will meet at 9:30 a.m. next Friday in the Burchfield Nature & Art Center, 2001 Union Road, West Seneca. Marcie Kallen will give a presentation on bats. New members are welcome. No gardening experience needed. For information, call 668-0209.

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Niagara Floral Center and Greenhouse at Opportunities Unlimited of Niagara will hold a seminar, “Cactus Garden – Hands-On” at 6:30 p.m. March 27 at OUN, 2510 Niagara Falls Blvd., Wheatfield. Reservations are due by March 20. To purchase online or print order form, go to www.opportunitiesunlimited.org/greenhouse/store, or call Robert Bracikowski at 504-2617, Ext. 244.

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Amherst Garden Club is offering a scholarship of up to $1,500 for qualifying applicants. Any current resident of Erie and Niagara counties may apply if they are enrolled or plan to enroll in one of the approved fields of study. The deadline is May 20. Visit www.gardenclubsofwny.com for more information and application.

If you have a submission for Garden Notes, please send it to Susan Martin, Garden Notes, Features Department, The Buffalo News, P.O. Box 100, Buffalo, N.Y. 14240. Fax: 849-3445. email: smartin@buffnews.com. All items must be received in writing two weeks prior to publication.

Boys & Girls Club issues alert on fundraising scam

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The Boys & Girls Club of the Northtowns on Thursday warned of a door-to-door fundraising scam in the areas served by its seven clubs.

A middle-aged woman and boy she calls her son are known to be soliciting donations on behalf of the organization but are not affiliated with it, said Communications and Marketing Coordinator Ashley Infantino.

Poloncarz names seven to serve on stadium panel

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Erie County Executive Mark C. Poloncarz on Thursday announced the seven members he appointed to serve on a committee that will represent the county as part of a new panel exploring whether to build a new stadium for the Buffalo Bills or to make further renovations to Ralph Wilson Stadium.

In addition to Poloncarz, those representing the county on the new committee include Deputy County Executive Richard Tobe; Commissioner of Environment and Planning Maria R. Whyte; former congresswoman and current vice president at M&T Bank Kathleen C. Hochul.

Also, Michael Joseph, president of Clover Management; Alphonso O’Neil-White, retired president and chief executive officer of HealthNow New York; and Clotilde Perez-Bode Dedecker, president of Community Foundation for Greater Buffalo.

Hamburg town justices recuse themselves from anti-SAFE Act sign case

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Hamburg Town Justices Walter L. Rooth II and Gerald Gorman voluntarily removed themselves today from judging whether a resident’s sign protesting Gov. Cuomo’s NY SAFE Act law can be displayed on his fence.

The case will now be sent to Erie County Court for reassignment in another town court near Hamburg and that is expected to take about two weeks, according to attorney Jim Ostrowski, the attorney representing Scott Zawierucha.

Following the brief court appearance, Ostrowski held a news conference in the lobby of Hamburg Town Hall and declared the matter an issue of free speech.

“The core of the First Amendment is political speech. So obviously this is political speech and the sign ordinance is presumptively unconstitutional,” Ostrowski said.

Rooth, at the abbreviated hearing, cited the potential for conflict of interest because his son, Walter L. Rooth II is the Hamburg town attorney and the case could wind up in civil litigation. Gorman, who was not at the hearing, removed himself because in the past he has represented Zawierucha’s family members.

Town prosecutor John K. Jordan said the town is not trying to block free speech. “Government can regulate the physical characteristics of signs,” Jordan said. “We are not trying to regulate content.”

Town officials have cited concerns that the four foot by 10 foot sign on the back fence of Zawierucha’s property, which faces South Park Avenue, could be a traffic distraction.

Prior to the hearing, about 25 gun rights supporters attending a rally outside Town Hall in support of Scott Zawierucha’s right to display his sign.

email: lmichel@buffnews.com

‘Kathy from Williamsville’ announces campaign to unseat Higgins

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Kathy Weppner, who earned a loyal conservative following as WBEN Radio’s “Kathy from Williamsville,” officially launched her Republican candidacy against Democratic Rep. Brian Higgins today in – of course – Williamsville.

Weppner told about 30 supporters on the steps of Amherst Town Hall that her dearth of experience in the public sector will serve as one of her main advantages in a campaign against “professional politicians.” And she repeated several themes of the radio show she formerly hosted on Saturday afternoons, criticizing an administration that exercises “over reaching power into our lives” while Americans “are watching their freedoms erode before their eyes.”

Weppner was joined by her family, Erie County Republican Chairman Nicholas A. Langworthy, and 2010 Republican gubernatorial candidate Carl P. Paladino in launching what she acknowledged will prove an underdog effort against Higgins, who holds a number of advantages centering around incumbency, a healthy campaign fund and an overwhelming Democratic advantage in enrollment.

DWI charged in Orchard Park head-on collision

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A head-on collision between two vehicles Thursday evening in Orchard Park resulted in a Derby woman being charged with driving while intoxicated and sent both drivers to the hospital for treatment of non-life-threatening injuries, Orchard Park police reported.

Diane Kester, 49, failed to keep her vehicle on the right side of California Road, near Ellis Road, shortly before 7:15 p.m. Thursday, police said. Her vehicle collided with the other one. Air bags deploy in both vehicles.

Kester was taken to Erie County Medical Center, while the other driver, from North Tonawanda, was taken to the Mercy Ambulatory Care Center. Police described both drivers’ injuries as minor.

Besides DWI, Kester also was charged with failure to keep right. Further charges are pending, police said.

Home owner, Hamburg at odds over sign protesting gun control

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The Hamburg home owner whose sign protesting Gov. Andrew M. Cuomo and his gun control legislation says that he is at war with town officials, but over free speech, not guns.

“They started this war, and we’re going to finish it,” E. Scott Zawierucha said Friday after Hamburg’s two town justices removed themselves from the case against him to avoid potential conflicts of interest.

Zawierucha, who is charged with violating the town’s sign law, said his motive is to preserve the rights of other citizens when it comes to free speech.

At a news conference in the lobby of Hamburg Town Hall following a short court appearance, Zawierucha’s attorney said the main issue is whether the town has the right to suppress free speech.

“The core of the First Amendment is political speech. So obviously this is political speech and the sign ordinance is presumptively unconstitutional,” attorney James Ostrowski said.

Affixed to Zawierucha’s back fence, which faces South Park Avenue, the 4-foot by 10-foot sign states:

“NY IS NOT S.A.F.E.!! STOP CUOMO, PRESERVE YOUR RIGHTS!!”

Hamburg Town Justice Walter L. Rooth II, at the abbreviated proceeding, explained that his son is the town attorney and the case might eventually end up in civil litigation against the town and that Town Justice Gerald Gorman has previously represented members of Zawierucha’s family as a lawyer.

The case is now going to Erie County Court for reassignment in another town court near Hamburg, and that is expected to take about two weeks, according to Ostrowski. The attorney said he will file a motion to dismiss the code violation on the grounds that it violates the First Amendment and because Code Enforcement Officer James Eberhardt failed to have the summons personally served to his client and instead relied on the U.S. Postal Service.

Town prosecutor John K. Jordan said the town is not trying to block free speech.

“Government can regulate the physical characteristics of signs,” Jordan said. “We are not trying to regulate content.”

Town officials have cited concerns that the sign might be a traffic hazard on busy South Park Avenue and could cause a collision.

Before the hearing started, approximately 25 gun rights supporters attended a protest outside Town Hall in support of Zawierucha’s right to display his sign.

Among the protestors was Town Supervisor Steven J. Walters.

“My position has always been supportive of people being able to express their First Amendment rights and we as a Town Board went on record last summer opposing the N.Y. SAFE Act calling for its repeal,” he said.

That action occurred when the three-member board had a Republican majority. It now has a Democratic majority.

“I’ve asked the board to run a parallel review while Mr. Zawierucha’s goes through the court system to look at the law to ensure it doesn’t violate the First Amendment. I’ve taken a look and there are certainly some concerns. If the board feels it is in violation, we’ll change it,” the supervisor said.

Budd Schroeder, chairman of the Shooters Committee on Political Education’s board of directors, said he was not entirely surprised that the First Amendment was being encroached upon.

“I’ve been at Second Amendment activities a year shy of half a century, and if the Second Amendment can be infringed upon, it only stands to reason the First Amendment will be next in line, and this case is the start of it in Western New York,” Schroeder said.

“It’s important to stand up for the First Amendment in order to support the Second Amendment,” added SCOPE President Stephen J. Aldstadt.

If Zawierucha is convicted, he could face a maximum fine of $250 and 15 days in jail.



email: lmichel@buffnews.com

Angola man charged with cocaine possession after Buffalo traffic stop

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A 31-year-old Angola man was charged with criminal possession of a controlled substance following a traffic stop at about 2 p.m. Friday in the 1000 block of Grant Street.

Andrew Hessel, of Bennett Road, was arrested after police officers said he was trying to hide a quantity of crack cocaine in his right sock and a crack pipe in his left shoe.

Legislative staff placed on electronic payroll

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The Erie County legislative staff was placed on the county’s electronic payroll swipe system at the start of this month, joining hundred of other county employees who already use the technology.

It is the latest initiative of the Legislature’s Republican-aligned majority caucus aimed at improving efficiency and accountability within the Legislature.

“The vast majority of the county’s employees already operate on the system and adding the Legislature staff just ensures that we are operating as efficiently as possible,” said Legislature Chairman John J. Mills.

The move also eliminates the archaic method of time-keeping and payroll that involved paper sign-in forms and unnecessary steps to input information for each employee. It coincides with a request from the majority caucus for a five-year review of the Legislature’s expenditures and budget practices by the Comptroller’s Office.

The electronic system connects the Legislature staff directly with the county’s Personnel Department.

Database urged to track state’s heroin epidemic

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WASHINGTON – Sen. Charles E. Schumer is calling on the federal government to establish a database that would allow local officials in New York to better track the heroin epidemic that appears to be sweeping the state.

Schumer said he is asking the President’s Office of National Drug Control Policy to help New York counties to implement “DrugStat,” an information-sharing database that would track heroin and other drug-related crimes, overdoses, deaths, hospital admissions and other information.

He said the database would allow law enforcement officials to identify patterns in heroin abuse and crack down on dealers across county lines.

In addition to writing to the Office of National Drug Control Policy to suggest the implementation of the “DrugStat” database in New York, Schumer said he is pushing for Congress to increase funding for the Substance Abuse and Mental Health Services Administration’s Substance Abuse Prevention and Treatment Block Grants.

Switch to PayChex OK’d for the Town of Marilla

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The Marilla Town Board has hired Paychex to handle employee issues, including payroll and employee benefits for 22 to 26 town employees.

Under the agreement, Paychex will be paid $1,500 during a three-month implementation period, with an annual cost projected at $6,000. Supervisor Earl Gingerich Jr. noted the change from Bene-Care also includes an update of the town’s employee handbook.

On another issue discussed recently, town officials noted the Veterans Memorial on Bullis Road near Two Rod Road will soon have five, 15-foot flagpoles representing the branches of the military. The town will be working with the Marilla Veterans Club, which purchased the flagpoles. Highway Department employees will install the flagpoles before Memorial Day, officials said.

Hamburg Central budget gap at $2.23 million

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Hamburg Central School District is working to close a $2.23 million budget gap.

That’s the difference between proposed spending in the 2014-15 budget and projected revenues. The revenues include a 4.2 percent increase in the tax levy, which is the increase allowed without going over the property tax cap limit.

“We certainly got clear direction from the board,” interim Superintendent Richard Jetter said. “They are not confident about going above the tax levy limit.”

Having voters pass a budget that would raise taxes above the tax levy limit is difficult. Of the 28 school districts statewide that proposed budgets with taxes increases above the tax cap last year, only 25 percent were adopted on the first vote.

The latest draft of the Hamburg budget projects expenses at $63.79 million, with projected revenues (not including taxes) at $26.61 million. To make up the difference entirely by the tax levy, taxes would have to go up nearly 11 percent.

Since board members do not want to increase taxes that much, and the amount of state aid is uncertain at this point, there are two other strategies left to cut the gap: Use the fund balance or reduce spending.

“We have to now begin to put a plan together to see where cuts can even come from,” Jetter said.

The district offered a retirement incentive, and notice of the retirements are due March 28.

“We are crossing our fingers that the retirement incentive is enough for people to take advantage of,” Jetter said.

He said administrators plan to meet Friday to brainstorm on what reductions might be made.

“You can only cut so far,” he said.

email: bobrien@buffnews.com

Declining enrollment is forcing school districts in WNY to consider merging in order to survive

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Bob Dana was shocked the first time he looked closely at a map for the Kenmore-Town of Tonawanda School District.

The school district, like others in Western New York, was considering closing schools as the number of students dropped and expenses rose. But there, in the northwest corner of the town, were neighborhoods of students that went to nearby Sweet Home.

Why, thought Dana, couldn’t those students attend school in Ken-Ton?

Nobody was interested in discussing the possibility.

“It just kind of takes the wind out of you,” said Dana, Ken-Ton’s board president.

Schools across the region are taking unprecedented steps to save money – consolidating schools, sharing superintendents, cutting staff. But one option has remained largely untouched: reshaping school district boundaries.

And yet Erie County’s public schools recorded the steepest percent decline in enrollment between 2007-08 and the 2012-13 school years among the state’s counties and boroughs whose school districts enrolled 100,000 or more students in kindergarten through high school, according to a Buffalo News analysis of state Education Department data.

Enrollment in school districts in Erie County decreased 8.5 percent during that five-year span, falling from 126,925 students to 116,104 students. Public school enrollment in the other eight counties or boroughs with at least 100,000 students fell a combined 2 percent.

The second biggest drop in enrollment was recorded in Monroe County’s school districts, which fell 8 percent.

The decline was even steeper over 10 years. Enrollment in Erie County’s public schools dropped 16 percent, from 138,136, between 2002-03 and last school year.

All but four school districts in Erie and Niagara counties have seen the number of students drop during the last two decades. Fourteen have lost more than a quarter of their student population in that time.

As this enrollment decline continues, districts ponder school closings.

Sweet Home and Wilson are looking at closing elementary schools. West Seneca closed one last year. The City of Tonawanda might merge three schools into one. Ken-Ton closed a school last year and is looking at how many more it will need to consolidate.

While school districts have shuttered schools and found ways to collaborate between districts, state incentives to merge districts that include millions of dollars in state aid have done little to entice school districts down that path.

Now, as financial pressures push some districts toward insolvency and Gov. Andrew M. Cuomo is proposing a plan to nudge schools into sharing more services, some wonder whether more school mergers will become inevitable. But those who have studied mergers say the obstacles to combining two districts are very difficult to overcome.

“It just goes on and on and on, the number of districts that have attempted a merger and failed,” said David Albert of the New York School Boards Association, which released a report last fall that chronicled the pros and cons of merging. “I don’t know that mergers are the wave of the future.”

Few school districts show the difficulty of merging more than Brocton and Westfield.

Easier said than done

The two tiny districts, located eight miles apart in the Chautauqua County vineyards, seemed the perfect match when they sought to merge last year.

The rural communities have struggled to maintain school programs as the number of students dropped along with state aid. In Brocton, where graduating classes have hovered around 45 students, the district has cut teachers, increased class sizes and trimmed clubs.

“We used to have a middle school newspaper. We don’t have that anymore,” Brocton Superintendent John W. Hertlein said. “We used to have a middle school student council. We don’t have that. In both of those, kids would learn a great deal other than in the classroom.”

Westfield, too, has had to make cuts as the amount of money it spent per student rose. A study of whether the two districts would be a good fit noted that, without merging, they could face potential insolvency by 2017-18.

Both had tried and failed to merge before. Westfield had been through three previous merger attempts. A proposal to merge Brocton and Westfield failed when it went to voters in the two districts. Brocton district voters approved it, but Westfield’s voted it down.

But Westfield and Brocton had many of the elements that lead to successful mergers. They are similarly sized with similar tax rates. They had a history of shared programs. The two school districts have shared a football team since 2011.

There was a sweetener, too. The state would provide $24.8 million extra school aid over 15 years for the newly merged district as an incentive to consolidate.

The two districts spent more than a year working out the details, but when it came time to vote on the merger, Westfield residents voted it down. State law requires both communities to approve a school district merger.

“The process that the state has set up for mergers is a cumbersome one at best,” said Jeffrey Greabell, president of the Westfield Board of Education. “And it’s very difficult to go through and be able to achieve a merger on the other side.”

Hertlein believes that a major concern for Westfield residents was the loss of their local high school and the fact that residents of the three towns that go to Brocton would have seen more tax savings.

“They didn’t get a great deal of tax relief,” Hertlein said of the Westfield residents, “plus, they lost their high school in the design.”

It’s not just the voting process and the potential loss of community identity that have stalled school mergers. It can be expensive to do the leg work needed to create new districts, and the benefits aren’t always clear.

Financial benefits

In Cheektowaga, where the town’s children are split among four school districts, school mergers have been a repeated refrain for more than two decades.

The districts have lost a combined 5 percent of their students during that time while tax bills have gone up, and school mergers have seemed to some residents a route toward greater efficiency and controlling costs.

But at least three studies have been done that found a merger of districts would not produce a major cost savings.

“That’s something, too, that people overlook is that the Cheektowagas have been looked at before,” Cleveland Hill Superintendent Jon MacSwan said.

When town officials two years ago tried to prod school leaders into looking at the issue again, cost was a factor. Studying consolidation could cost as much as $50,000, and MacSwan said board members from the districts weren’t interested in spending more district money on exploring an issue that had already been studied.

The school districts were turned down for a state grant for a consolidation study. MacSwan said the four districts were told they were not able to demonstrate the savings the state would have liked to have seen to win the competitive grant.

Those calling for more consolidation, MacSwan said, “can’t go out and promise savings without a real thorough look at it.”

“That’s kind of where we’ve been stuck,” MacSwan said.

While a 2009 University at Buffalo review of school mergers found that small districts in Western New York – those with fewer than 1,000 students – could benefit the most from merging into larger entities, other research suggests that other factors involved in merging eat away at potential savings.

For example, school districts that merge often use the incentive aid they receive to boost school programs, equalize tax rates and “level up” union contracts between the two districts, said Rick Timbs, executive director of the Statewide School Finance Consortium.

Timbs studied the roughly two dozen districts that merged in the 1980s and found that they’re no better off now than many districts in the state.

“They’re all in the exact same financial condition as all the rest of the districts in the state that are either average or below average wealth,” Timbs said. “They’re just right back where they were. What it is, is a temporary reprieve.”

Districts are sharing

In Cheektowaga, school districts already buy health insurance together, as well as school supplies and energy. They collaborate on other expenses, too, including private transportation costs, special education classrooms and workers’ compensation, MacSwan said.

At Cleveland Hill, the school district uses its distance learning lab to share classes such as American Sign Language and the History of Rock and Roll with other schools. Without the technology, MacSwan said, the district would have a hard time staffing some of those courses.

It’s the type of collaboration that school districts have explored as they have struggled with cuts to state aid, a tax cap and declining enrollments.

Ken-Ton, for example, shares a transportation director with Grand Island. Williamsville buys supplies with Sweet Home and Amherst Central Schools. Two pairs of Niagara County districts are sharing superintendents.

Cuomo, meanwhile, wants local schools to share more. The governor has proposed a property tax freeze that would be tied to additional shared services between school districts.

“He’s kind of assuming that that hasn’t ever really been done or looked at,” said Williamsville Superintendent Scott Martzloff. “And that’s not true.”

Efforts will continue

While school district mergers remain elusive, many school board members are looking within their own borders to see how they can consolidate.

In Ken-Ton, where enrollment has dropped nearly 20 percent since the 1994-95 school year, school administrators are in the midst of a comprehensive look at how to run schools. Meanwhile, two neighboring districts – Sweet Home and the City of Tonawanda – are also looking at consolidating or closing schools.

“Bottom line is, we’re all facing declining enrollments and declining economic resources all at the same time,” said Dana, Ken-Ton school board president. “There are only two ways for us to be able to sustain programs, and that’s with either state aid or taxes.”

In Brocton and Westfield, the rural districts that failed to approve a merger last fall, leaders are looking at their options.

“We have no other choice,” Hertlein said. “We have to figure out how to survive.”

email: djgee@buffnews.com
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