Michael Hoffman faces conspiracy and criminal solicitation counts, state police say.

View full sizeMichael Hoffman

Update: Waterloo, NY – A Waterloo man has been charged with felony conspiracy and felony and misdemeanor counts of criminal solicitation in what state police described as a murder-for-hire scheme.

Troopers said Michael V. Hoffman, 45, of 2736 state Route 96, Waterloo, tried to contact a third party to murder one person and assault another.

Monday, Hoffman agreed to pay an undercover police officer $2,000 to murder a person and supplied the officer with a photograph of the intended victim, according to complaint documents filed with Waterloo village court. Hoffman agreed to make the payment at a later date, the complaint said.

Hoffman also agreed to pay $1,000 to an undercover officer at a later date to break the legs of a victim and supplied a photo of that person, the papers said.

The alleged intended assault victim is the husband of a couple that lives with Hoffman with their children and grandchildren, troopers said. The alleged intended murder victim is a man Hoffman suspected of having relations with the intended assault victim’s wife, they said.

Troopers did not identify the alleged targets further; their names were blacked out in the court documents as well.

Hoffman was charged with second-degree and fourth-degree conspiracy, both felonies, second-degree criminal solicitation, a felony, and fourth-degree conspiracy, a misdemeanor, troopers said. He was arraigned Monday in Waterloo town court and ordered held at the Seneca County jail on $50,000 bail or $100,000 bond. He is to appear Wednesday in Waterloo village court.

Destiny executives decided to replace the concrete panels with an angled glass exterior from the entrance to the top of the mall. Destiny’s design team decided they wanted that entrance to mirror the three-level glass façade at the only other exterior entrance to Destiny, across from Solar Street. That part of the expansion — the western side — is not yet open.

David Lassman / The Post-Standard

Syracuse, NY -- Workers at Destiny USA today began removing eight 40-ton precast concrete panels to be replaced by a new three-story glass façade at an entrance to the expansion of Carousel Center mall.

The 20-foot-by-40-foot concrete panels hovered two floors above the glass doors of the exterior entrance of the eastern end of the expansion. That entryway opened in November, along with a small handful of retailers.

Destiny executives decided to replace the concrete panels with an angled glass exterior from the entrance to the top of the mall. Destiny’s design team decided they wanted that entrance to mirror the three-level glass façade at the only other exterior entrance to Destiny, across from Solar Street. That part of the expansion — the western side — is not yet open.

The glass exterior on the eastern side now under construction will be completed by late April. The entrance will remain open during construction, Destiny executives say.
Destiny USA, a mixture of upscale outlets, traditional mall retailers, restaurants, nightclubs and entertainment, is to have its grand opening in the spring.

The eight concrete panels removed from the facade will be recycled, Destiny executives say.

Argument between victim's former and current girlfriend may have led to home invasion on Fosterville Road, deputies said.

Cody Hopler

Joseph Hopler

Montezuma, NY -- A Montezuma man was beaten during a home invasion burglary this morning that likely started as a dispute between his former and current girlfriends, according to Cayuga County sheriff's deputies.

Charged with felony gang assault and burglary were Cody L. Hopler, 19, and Joseph D. Hopler, 25, both of 5811 Sandbank Road, Elbridge, as well as Andrew M. Fahsel, 22, of 18 Elbridge St., Jordan, deputies said.

Andrew Fahsel

Stephanie Ryan

The man's former girlfriend, Stephanie L. Ryan, 23, of 104 E. Main St., Elbridge, was also charged with burglary.

The four suspects -- and perhaps two others -- are accused of forcing their way into Matthew Carberry's residence around 2:30 a.m., said Lt. Joseph Weeks. They broke in to the Fosterville Road residence through a locked door and the three men assaulted Carberry, deputies said.

The incident likely stemmed from a telephone argument between Ryan, the former girlfriend, and Carberry's current girlfriend, who was at the residence, deputies said.

Carberry was taken to Auburn Memorial Hospital for non-life-threatening injuries and released later today, deputies said. His current girlfriend was not injured.

All four suspects were sent to the Cayuga County jail, with bail set at $10,000 cash or bond.

The investigation is continuing, and more charges may be filed against two others. Anyone with information is asked to contact deputies at 253-1610.

Onondaga County's collections increased 4 percent in 2011 over 2010.

Syracuse, N.Y. -- If state sales tax growth is any indication, the economy is improving. The 2011 sales tax revenue by counties across the state has rebounded from the recession, growing 5 percent over 2010.

According to a report from State Comptroller Thomas DiNapoli, sales tax collections grew by $650 million across the state.

DiNapoli said the growth is a good sign that the state’s economy is on the rebound.

In Onondaga County, the sales tax revenue beat the county’s expectations in 2011. The county brought in $304.5 million, which was $4.4 million more than they budgeted, said James Rowley, the county’s chief fiscal officer. The increase was 4 percent over the previous year.

“That’s just good news,” Rowley said.

He said the county hasn’t had the big peaks and valleys that other places have because sales tax, like the housing market, is fairly stable here.

Rowley predicted this year’s increase won’t be quite as significant. The county is budgeting sales tax collections of $309 million, up less than 2 percent from 2011. He said the 2010 increase, which was more than 5 percent, was so high because 2009 was an awful year for sales tax collection because of the recession. Part of the 2011 increase was money generated by the 2011 United States Bowling Congress Women’s Championship, which brought in an additional $2 million, Rowley said.

Other area counties also improved their sales tax revenue. Cayuga County collected almost 7 percent more in 2011. Cortland County was up 8.5 percent. Madison County was up 3 percent. And Oswego County sales tax revenue increased 7.5 percent, according to the report.

Click here for a county-by-county look at 2011 sales tax revenue.

Contact Marnie Eisenstadt at meisenstadt@syracuse.com or 470-2246.

Camren M. McKenna, 20, is charged with felony attempted robbery and misdemeanor criminal possession of a weapon, police said.

Submitted photoCamren McKenna

Oswego, NY -- Oswego police charged a man with attempted robbery today after a gunpoint hold-up Monday at Ontario and Lake streets.

Camren M. McKenna, 20, of 141 W. Oneida St., Oswego, was charged with felony attempted robbery and misdemeanor criminal possession of a weapon, said Capt. Michael Beckwith.

McKenna is accused of approaching a man, pointing what appeared to be a black handgun at him and demanding money, Beckwith said. But the man said he didn't have any money and the suspect fled.

The victim saw the suspect get into a white Mitsubishi Lancer and saw the license plate number, Beckwith said.

Meanwhile, police officers responded to a suspicious person reported around 278 Syracuse Ave. Witnesses said a man had gotten out of a vehicle matching the description of the suspect's vehicle. The man walked into a side yard and dropped several items.

Police found a black air pistol and several clothes that matched the description of the robber's attire.

McKenna was arrested around 1:15 a.m. He was sent to the Oswego County jail with bail set at $3,000 cash or $6,000 bond, police said.

The investigation is continuing. Anyone with information is asked to call police at 342-8120.

Marc Cizenski, a seventh- and eighth-grade U.S. history teacher at OCM BOCES’ Career Training Center in Liverpool was honored for using an innovative multimedia resource in his classroom.

View full sizeSubmitted photoMarc Cizenski, a seventh- and eighth-grade U.S. history teacher at OCM BOCES' Career Training Center in Liverpool, has been named the Mission US National Educator of the Year.

Liverpool, NY -- An Onondaga-Cortland Madison BOCES teacher has been named Mission US National Educator of the Year by THIRTEEN/WNET New York Public Media.

Marc Cizenski, a seventh- and eighth-grade U.S. history teacher at OCM BOCES’ Career Training Center in Liverpool was honored for using an innovative multimedia resource in his classroom. Mission US is a series of free role-paying online games that give middle school students a first-person perspective on American history.

Cizenski, a 2005 graduate of West Genesee High School who earned his bachelor’s degree in 2009 from Le Moyne College, will receive roundtrip airfare, accommodations and registration to the 2012 Celebration of Teaching & Learning, “World’s Fair of Education,” on March 16 and 17 in New York City. He also will participate in a panel discussion focused on the use of Mission US in the classroom.

Voters will go the polls March 20 in several Onondaga County villages

This article was written by staff writers Elizabeth Doran and Catie O’Toole

Voters in seven villages in Onondaga County will go to the polls on March 20.
Here’s a look at who is running:

Baldwinsville

Village board: Three, four-year trustee seats. Trustees are paid $4,000 a year.
Incumbents Bruce Stebbins, Mike Shepard and Megan O’Donnell have been nominated to run for re-election.

Stebbins, of 31 Sunset Terrace, was first elected to the village board in 1994. He is currently the village’s deputy mayor.

Shepard, of 10 Ronway Drive, was appointed in January 2012 after Melinda Shimer resigned after winning a seat on the Lysander town board.

O’Donnell, of 38 W. Genesee St., was appointed in January 2011 after John Salisbury resigned to become village treasurer. Salisbury is now Lysander’s town supervisor.

Shepard and O’Donnell are running on the Citizens Party line, and Stebbins is running on the Village Party line.

The election is scheduled from noon to 9 p.m. at Village Hall, 16 W. Genesee St., Baldwinsville.

Fabius

Mayor Steve Sommers, of 1250 Mill St., is running for another two-year term, and Brant Ford, of 7793 Main St., is running unopposed for re-election to a trustee seat.
The mayor’s position pays $1,000 a year and the trustees earn $800 annually.

Voting will be from noon to 9 p.m. at the Fabius Community Center on Main Street.

Fayetteville

Mayor: Mark Olson, of 118 Linden Lane, is running unopposed for another term. The job pays $13,000 annually.

Village board: There are two open four-year trustee seats. Mary Coleman is not running again. Daniel Kinsella of 412 Spring St., Fayetteville is running for re-election, and newcomer Dennis Duggleby of 208 Lincoln Ave. is running for the other vacancy on the board.

The trustees are paid $5,500 annually
.
Also running for re-election is Justice Thomas Miller of 108 Penwood Lane. That job pays $11,600.

Voting is from 6 a.m. to 9 p.m. at village hall, 425 E. Genesee St.

Marcellus

Village board: There is one, four-year trustee seat. Trustees are paid $3,000 a year.
Incumbent Trustee Mary Jo Paul is not running for re-election.

William “Bill” Burnette, of 42 South St., and Sara “Sally” N. Tallman, of 7 Reed St., have filed petitions to run for the open trustee seat. Neither candidate has run for village elections in the past, according to Marcellus Village Clerk Dawn O’Hara. They are running on independent party lines: Burnette, the Nine Mile Party and Tallman, the Citizens Party.

The election is scheduled from noon to 9 p.m. at Marcellus Village Hall, 6 Slocombe Ave., Marcellus.

Minoa
Mayor Richard Donovan of 109 Thorndike Lane is running unopposed for re-election to another four-year term. That job pays $16,698.

Village Board: There are three candidates for two open four-year seats. Trustee Ronald Cronk is not running for re-election.

Trustee Eric Christensen of 61 Windebank Lane is running for re-election, and two newcomers to the board also are running for spots. Scott P. Parish of 419 East Ave., and John Abbott, of 408 Fay Lane are running. The top two voter-getters will win seats on the board.

The trustees earn $7,0444.

Voting is scheduled for noon to 9 p.m. at village hall, 240 N. Main St.

Skaneateles

Village board: There are two, three-year trustee seats. Trustees are paid $3,000 a year.
Incumbent Trustees Sue Jones and John Cromp are both running for re-election. Village resident Jim Lanning also is running for village trustee.

Jones, of 58 W. Genesee St., is running on the Village Party line; Cromp, of 171 E. Genesee St., is running on the Village Homeowners Party line; and Lanning, of 12 Hannum St., is running on the United Neighbors Party line.

Cromp was appointed to the board in 2011 when then-Trustee Marty Hubbard was elected mayor. Jones has been on the village board since 2006. Lanning ran for election last year.

The election is set from noon to 9 p.m. at the Skaneateles Fire Department, 77 W. Genesee St., Skaneateles.

Tully

Trustee William Coffin, who was appointed to fill the spot vacated by Kathryn Vernay, is running to hold onto the seat for the last two years of the four-year term. Coffin is at 35 Clinton St., and earns $709 annually.

Voting is noon to 9 p.m. at the municipal building, 5833 Meetinghouse Road.
Elizabeth Doran can be reached at edoran@syracuse.com or 470-3012

Mayor Ronald Woodward Sr. said he is annoyed with complaints about people possibly having sex in the attic of the weatherization building.

Fulton, NY -- Fulton Mayor Ronald Woodward Sr. said Tuesday he wants to turn the weatherization program over to another agency or office to run.

The mayor said he is annoyed with complaints and a call for an investigation into whether people are having sex in the attic of the building where the weatherization office is located at 149 S. First St.

First Ward Alderman Alan Emrich said items used in sexual encounters were found in the attic a couple of weeks ago when employees checked on a leaky roof.

Emrich wanted the episode investigated by police to see who was in the attic, calling it a safety issue for the people who work in the building.

An investigation is being done by Joseph Fiumara, director of the Fulton Community Development Agency, which oversees the weatherization program.

“My feeling is there are enough things going on in this city that we don’t need that nonsense,” Woodward said of belaboring talk about the attic situation.

The police were approached about investigating the matter, but declined, saying no crime had been committed, the mayor said.

The weatherization program runs with federal and state money and is operated by the Fulton Community Development Agency in a city-owned building next door to the Fulton Municipal Building. The program assists income-eligible people throughout the county with energy conservation projects in their homes.

Fiumara said funding cuts to the program might make it difficult for the city to continue the program.

Woodward said many different agencies could run the weatherization program, such as anti-poverty agency Oswego County Opportunities, Catholic Youth Organization of Catholic Charities or the Oswego County Housing Council.

He said the matter of moving the weatherization program to another agency will be discussed at the next Community Development Agency board meeting Tuesday. The mayor and council members make up the agency’s board.

Two F-M German Club members will be randomly chosen to fly to Germany on an all-expenses-paid trip

The Fayetteville-Manlius High School German Club captured first place in a national German music video contest, and the grand prize is an all-expenses-paid trip to Germany for two students.

The students entered the National Goethe Institut Step into German Madsen Video Contest in December, and recently learned they won first place for their entry, a three-minute lip dub in German to a song by the popular German group Madsen. A lip dub is a type of music video that combines lip synching and audio dubbing, often filming people in different locations.

The song, “Lass die Liebe Regieren” translates to “Let Love Rule” and 38 German Club members ranging from freshmen to seniors participated in the video filmed in one take at the high school.

The video was chosen by the San Francisco-based Goethe Institut from 52 entries and 12 finalist videos, said German teacher Kate Stewart.

“The kids voted for the song they liked and want to do, and then we mapped out the route around the school and gave everyone a line or two based on their skills, and talked about what gestures to make,” Stewart said.

Keara Lynn, 17, a senior, said the route had to be chosen carefully to make sure the camera could get access everywhere the kids were standing.

“We wanted it to be visually interesting, but it all had to be perfectly timed so the kids were waiting and ready to sing when the camera got to their spot,” Lynn said.

Because a lip dub is filmed in one take, the kids had to keep practicing to get it right, Lynn said.

“We had a couple of mishaps,” she said. “We have these confetti poppers and one kid kind of burned his hand when he opened it and you could hear him and another time someone tripped. But we finally got a good take, and it was lot of fun and something different.”

The large number of kids made organizing the video a challenge, said Annmarie Wiehenstroer, 17, another senior.

“We included all the grades, and I also think the more people that participate the better the lip dub comes out,” she said. “And you can see in the video how much the kids really enjoyed doing this and they put everything they had into it.”

This is the third year the German club has performed a lip dub, but the first time the group entered a contest.

“I was surprised we won,” Wiehenstroer said. “And I’d love to be able to go to Germany. My dad and sister have been, and I’ve always wanted to go. It would be fun to use my German there.”

Two students will be randomly selected in a drawing performed by a high school administrator, Stewart said. Anyone who participated in the video and hasn’t been to Germany is eligible for the drawing, she said.

The contest winners will attend a Madsen concert and meet the performers backstage. The trip to Germany and the acclaim at winning a competition is superb recognition for the kids, but they’re also reinforcing their language skills in a fun way, Stewart said.

“The kids are learning vocabulary, German music and contemporary German culture,” Stewart said. “Plus it keeps them interested in German.”

The eighth-grade German language program was almost cut last year, but was reinstated and is being taught through distance learning.

“The program is very small and there’s only Frau Stewart,” Lynn said. “At one point is was pretty scary when they thought about cutting it. I think this video shows how committed we are to German.”

Elizabeth Doran can be reached at edoran@syracuse.com or 470-3012.

Defense says there's plenty of blame to spread around for not addressing the low railroad bridge before the bus crash that killed four passengers in 2010. Watch video

View full sizePost-Standard file photoInvestigators examine the wreckage of a fatal Megabus accident on Onondaga Lake Parkway.

Update: An Onondaga County Sheriff's deputy testified Tuesday afternoon that his reconstruction probe of the fatal Megabus crash ruled out drugs and alcohol, sleep, medical issues, cell phone use, other vehicle involvement, road and weather conditions, mechanical problems and passenger distraction of the driver.

Deputy Jonathan Ana pointed out on a map each of the 13 signs driver John Tomaszewski passed before the bus slammed into the CSX railroad bridge over the Onondaga Lake Parkway the morning of Sept. 11, 2010.

But defense lawyer Eric Jeschke pointed out several of those signs were before the turnoff to the parkway and a couple were so close to the bridge to have been useless as warning of the danger.

Ana also testified he did not take into consideration in his evaluation of the crash cause the fact that there have been as many as 90 prior high-vehicle crashes into the same bridge in the past quarter century.

Ana testified he determined Tomaszewski had made the bus trip through the Syracuse area four times in the month leading up to the crash. His last trip through the area was just three days earlier, another deputy testified.

Ana testified two of the four people killed died from impacting the bridge directly. The other two were crushed in the impact of the bus hitting the bridge, he noted.

Testimony is to continue Wednesday in the trial before County Judge Anthony Aloi.

Earlier Tuesday
Syracuse, NY - Testimony got underway today in the trial of Megabus driver John Tomaszewski with County Judge Anthony Aloi hearing gruesome details about the scene of the crash from first responders.

Deputy Fire Chief Jason Ormsby from the Liverpool Fire Department testified he arrived on the scene to find one decapitated victim in the crushed bus, another victim dead underneath the bus wreckage, a number of passengers partially ejected from the bus and numerous "walking wounded" passengers outside the vehicle.

There also were the screams for help from people still trapped inside the bus, Ormsby said.

Liverpool firefighter Jason Maddison testified he was sent into the wreckage of the bus because of his small stature to try and assess the injuries of the people trapped inside and to help get them off the bus.

Maddison said there were no signs of life from any people on the upper part of the double-decker bus and a lot of screaming from the people on the lower level.

He said he helped Tomaszewski get out of the bus to be treated for what appeared to be severe head injuries.

Onondaga County Sheriff's Deputy Thomas Czyz testified there was "quite a bit of screaming and crying, moaning and groaning" when he arrived on the scene of the crash around 2:30 a.m. Sept. 11, 2010.

There were so many people injured that many of the responding police and firefighters were pressed into duty administering first aid to the victims, he said.

Deputy Fredricka Mendolia testified she was assigned to accompany Tomaszewski in the ambulance to St. Joseph's Hospital after he was freed from the wreckage of the bus. She described Tomaszewski as being "confused, baffled."

"He was bewildered as to how the accident happened," Mendolia testified. She said he seemed to think the bus had been directed into a construction zone based on the fact he had seen some yellow signs just before the crash occurred.

She also said Tomaszewski said he was listening to the female voice of a global positional system (GPS) device telling him to be prepared to make an upcoming right turn when the bus slammed into the bridge.

Tomaszewski "said he never saw it until just before it happened," the deputy said of the low CSX railroad bridge over the highway.

Tomaszewski is accused of causing the deaths of four passengers: former Camillus resident Deanna Armstrong, 18, of New Jersey; Temple University student Kevin Coffey, 19, of Kansas; Ashwani Mehta, 34, of India, and Benjamin Okorie, 35, of Malaysia.

Coffey's parents came to Syracuse from Kansas for the trial, Senior Assistant District Attorney Chris Bednarski said. They sat quietly during the first group of witnesses to testify but declined to talk to reporters as they left court for the mid-day break in the trial.

Defense lawyer Eric Jeschke asked only a few questions of the prosecution witnesses on cross examination. He focused attention on the fact many of those fire and police officials had been to a number of other crashes involving high vehicles striking the low railroad bridge.

Both Jeschke and Bednarski delivered brief opening statements as the non-jury trial got underway today before Aloi.

Bednarski said Aloi would be justified in finding Tomaszewski guilty of four counts of criminally negligent homicide and one count of failure to obey a traffic control device for passing 13 separate signs warning of the low bridge ahead on the parkway.

The prosecutor said the bus was "hurtling toward disaster" that morning as Tomaszewski was preoccupied with the GPS device trying to figure out how to get to the Regional Transportation Center after missing the Park Street exit from Interstate 81 to the bus station.

But Jeschke told Aloi there would be no basis for finding Tomaszewski guilty of any criminal conduct in the case.

The defense lawyer said there was plenty of blame to go around for what happened. He said the CSX railroad, state and federal governments and the Department of Transportation all bore some responsibility for doing little or nothing in the past to address the dangers presented by the low bridge over the highway.

He said Tomaszewski had never been on the parkway before and was only there because another vehicle had blocked him from taking the right exit to Park Street and the transportation center, where the bus was supposed to stop en route from Philadelphia to Toronto.

Jeschke refered to the criminal prosecution of Tomaszewski as "a modern-day stoning" of his client.

The crash and deaths were "absolutely inevitable" but not the fault of his client, the defense lawyer said.

Prior to trial today, the lawyers agreed to stipulate to a number of facts for Aloi to consider in assessing the evidence.

That included the fact the state Department of Transportation has logged 53 crashes at the scene in the past 24 years while the Onondaga County Sheriff's Office has responded to 90 crashes at the location.

Bednarski also noted that evidence showed the bus was traveling at a speed of 47.8 mph at the time of the crash and there was no evidence of any drugs or alcohol in Tomaszewski's system. The bus's black box also showed Tomaszewski never applied the brakes before the bus slammed into the bridge, the prosecutor said.

Air quality testing at Long Branch Elementary in the Liverpool school district showed clean, safe air after mold was found on walls in at least two bathroom areas.

Liverpool, NY -- Air quality testing at Long Branch Elementary in the Liverpool school district showed clean, safe air after mold was found on walls in at least two bathroom areas, principal Robert McCrone wrote in a letter to parents.

The elementary school has eight classrooms with attached toilet rooms. The mold appears to have been caused by water leaking from the roof, district officials said after the problem was found earlier this month.

At the Feb. 6 school board meeting, the board agreed with District Superintendent Richard N. Johns’ recommendation to declare a building emergency. With this provision, the district applied to the state to be reimbursed for 84 percent of the cost of the repairs and mold removal. Johns has said it will cost about $12,000 to repair the roof plus an undetermined amount for the rest of the project.

Environmental engineers took air samples and found the school to be “very clean with no elevation at all,” McCrone wrote.

Company says it fully complies with all tax laws and pays hundreds of millions of dollars a year. Watch video

Dick Blume / The Post-StandardJerry Lotierzo, of the Central New York Alliance for Retired Americans (left) and Bill Spreter, with Citizen Action of New York, protest at Verizon building in downtown Syracuse

Community grassroots organizations, religious leaders and local residents gathered at the downtown Syracuse Verizon building Tuesday to complain the company is not paying its fair share of taxes.

More than three dozen demonstrators, with bullhorns and posters in hand, chanted and paced in front of the building on South State Street for half an hour.

They belonged to Citizen Action of New York, Syracuse United Neighbors and Occupy Syracuse.

Protesters presented oversized W-2 forms suggesting that from 2008 to 2012, Verizon paid proportionately less in taxes than an average New York state family.

A spokesman for Verizon said the group was off-base and misleading.

But Bill Spreter, board member of Citizen Action of New York, said Verizon received extra money through loopholes. In addition to paying disproportionately low taxes, the company received nearly $1 billion back from the federal government from 2008 to 2010, Spreter said.

“You have a family of four earning $58,000 and paying 4.1 percent in taxes, while Verizon itself only pays 2.6 percent,” Spreter said. “Corporations are getting rich and needy people are going hungry in this state.”

Jerry Lotierzo, chairman of the Central New York Alliance for Retired Americans, said he wanted to join others in pointing out the income inequality between the 99 percent and 1 percent.

“We’re in a fight for our lives here,” Lotierzo said.

Organization leaders called for unity as they gave speeches to fellow demonstrators. Protesters held signs reading, “Verigreedy” as they shouted, #8220;Can you hear me now?” and “Hey you, Verizon, pay your fair share.”

In a prepared statement, Verizon said it “fully complies with all tax laws and pays it fair share of taxes.”

Verizon’s state and local tax bill was nearly $275 million in 2010, the statement says.

Verizon spokesman John Bonomo Tuesday’s demonstration was a union-led effort.

Currently Verizon and the Communication Workers of America are embroiled in a contract dispute.

But Charlie Albanetti, communications director for Citizen Action, said that while the group is working with a variety of unions, including CWA, its activities are independent of union influence. Verizon is the first of many corporate targets Citizen Action will confront in coming months over the tax parity issue.

The entire school staff was replaced - at least temporarily - as the investigation proceeds.

View full sizeMark Berndt

LOS ANGELES (AP) -- A former teacher whose arrest sparked a scandal at an elementary school that led to the replacement of all of its teachers pleaded not guilty Tuesday to committing lewd acts with 23 children in his classroom.

Mark Berndt, 61, remained jailed on $23 million bail. He was the first of two teachers arrested within a week on molestation charges involving students at Miramonte Elementary School

Martin Springer, 49, previously pleaded not guilty after he was charged with committing three lewd acts on one girl in 2009. He is free on $300,000 bail.

The entire Miramonte staff was replaced - at least temporarily - as the investigation proceeds.

Former students have sued, alleging other molestation incidents.

Outside the courtroom where Berndt was arraigned, his attorney, Victor Acevedo, complained that deputies used a loudspeaker system at the jail to identify Berndt to other inmates as a child molestation suspect.

He said the actions "put a bulls-eye on his head," placing his client in danger.

"Anyone accused of these charges, who is in the custody of the Sheriff's Department, always runs the risk of their personal safety, for obvious reasons," Acevedo said.

Sheriff's spokesman Steve Whitmore told City News Service that an investigation has been launched into the claim.

Berndt was a teacher for more than 30 years at Miramonte. He was arrested in January and charged with committing lewd acts on children as young as 6.

Berndt was ordered back to court on March 28, when a date will be set for his preliminary hearing.

A vacant lot at Erie Boulevard and Teall Avenue could become home to the discount store.

Syracuse, N.Y. -- A vacant lot at the corner of Teall Avenue and Erie Boulevard in Syracuse could be the site of a new discount grocery store as early as next fall.

The plans for a PriceRite store were before the Syracuse Industrial Development Agency today because both the developer and the grocery company are asking for some sales and mortgage tax breaks from the city.

PriceRite, similar to Aldi grocery stores, offers a limited selection in a smaller space than most grocery stores. The proposed Syracuse store would be 36,000 square feet. The trade-off is lower prices, according to the PriceRite website. PriceRite started in West Springfield, Mass. in 1995. There are PriceRite stores already in Buffalo, Rochester and Schenectady.

The chain offers fresh produce and meat but offers a smaller selection of other products. It also keeps prices down by having customers bring their own bags. (If they don’t, bags can be purchased). It does not accept coupons, according to the company’s website.

“The property has long been vacant and has not been a tax-producing property for the city, so the opportunity to put 6.4 acres back on the tax rolls in the city is exciting,” said Ben Walsh, the city’s deputy commissioner of neighborhood and business development. The lot will require some environmental clean-up, Walsh said.

The industrial development agency will have a public hearing on the project March 20. After that, members will likely decide on the tax breaks for the project, Walsh said.

Contact Marnie Eisenstadt at meisenstadt@syracuse.com or 470-2246.

Maggie Wilcox, 4, who died in 2011, was the third Central New Yorker to die from mosquito-borne viruses in three years.

Syracuse, N.Y. -- The family of a 4-year-old Oswego County girl who died last summer of a mosquito-borne virus said today’s state Senate report about combating the insect and its spread of infection was a step in the right direction.

Courtesy of Julie Wilcox Maggie Wilcox, 4, of New Haven

“All of our concerns and outcries were heard,” said Donna Wilcox, of New Haven, whose niece Maggie Wilcox died in August after contracting Eastern equine encephalitis from a mosquito bite. “And Maggie’s death will mean something.”

The 93-page report from two state lawmakers calls on New York to pay a larger share of aerial spraying, start a registry to track horses that contract the virus and put pressure on pharmaceutical companies to develop a vaccine for humans to ward against the rare but deadly EEE.

It stops short of calling for new legislation or specific changes in health policy regarding killing virus-carrying mosquitoes, which have killed three people in Central New York in three years, including Maggie. More details on those proposals should come later this year, according to Sen. Patty Ritchie, R-Oswegatchie, one of the lawmakers behind the report.

That, too, is good news for the Wilcox family, according to Donna Wilcox, who spoke Tuesday on behalf of Maggie’s parents, Julie and David.

“The overall consensus is we are quite pleased with the report and the recommendations that are being made,” she said.

Maggie, of New Haven, died Aug. 14 at Upstate Golisano Children’s Hospital in Syracuse after being bit sometime in late July or early August, most likely near her home, her family has said.

After Maggie’s death, the Wilcox family was outraged that Oswego County officials decided not to spray certain areas despite positive tests of EEE-carrying mosquitoes. Health officials said that spraying was no guarantee that the virus-bearing insects would be killed, though they decided by Aug. 16 to begin aerial spraying.

Today’s report doesn’t examine those actions by county officials, nor does it explore whether spraying is the most effective way to combat mosquitoes.

Rather, it calls on the state to widen its options – from killing larva to using other animals as virus sentinels to working with the other 19 states facing the same viral problems – to better control EEE.

EEE is rare, infecting 5 to 10 people nationwide each year. When contracted, it can lead swiftly to death. There is no cure.

Ritchie represents the area where the Wilcox family lives. She worked with Sen. Kemp Hannon, R-Garden City, on the EEE report. She said she’s learned nothing in the past months that leads her to believe county or state health officials acted wrongly last summer.

“It’s a very sensitive situation,” Ritchie said, adding that there’s no way to know if Maggie’s death could have been prevented. “I certainly can’t say that. It was very unfortunate, very tragic that such a beautiful little girl lost her life.’’

Ritchie, who chairs the Senate Agriculture Committee, said she is making plans to introduce legislation this year that would require the state to pay more of the costs for aerial spraying. Currently, counties and the state split the cost.

Ritchie said she and Hannon, who chairs the Senate Health Committee, are checking whether state agencies can implement the recommended changes without approval from the New York State Legislature.

Their report suggests:

* The state Health Department coordinate with 19 other EEE-invested states to make the development of a human vaccine a priority.

* New York create a voluntary registry of horse owners to collect information in cases of outbreaks. Currently, there is no requirement for horse owners to report a suspicious death. Those who participate in the registry would be eligible for cheaper EEE vaccines for their horses.

* The state step up detection methods, including sharing and comparing other methods and data among the 20 states with EEE-infected mosquitoes.

* Using email, texting and telephones to alert communities that EEE has appeared, and enhance communications with farmers specifically during high-risk times.

* Updates to the state’s 11-year-old action plan regarding EEE and other mosquito-borne diseases.

* State and county officials should have access to aerial sprayers. Currently, only one private company provides the service.

Central New York health officials have warned that EEE will likely return each year, usually between May and mid-October.

To protect against it, they recommend wearing long sleeves and pants, staying indoors during dawn and dusk hours, draining standing water, making sure screens are secure over windows and using a repellent strong enough to kill mosquitoes, like DEET.

The warmer-than-usual winter is no indication that mosquito populations will be larger this year, according to Onondaga County Health Commissioner Dr. Cynthia Morrow. The weather has been cold enough to kill last year’s populations, she said today.

Donna Wilcox, Maggie’s aunt, said education about individual protection is one of the most important steps.

“We just need people to take this seriously,” she said, “because it is life or death.”

Contact Teri Weaver at tweaver@syracuse.com or 470-2274.

The number of new cards issued to consumers rose 14 percent in 2011 to about 42.3 million.

View full sizeFile photo / AP, 2009A customer swipes a MasterCard debit card through a machine while checking-out at a shop in Seattle.

NEW YORK (AP) -- More people opened new credit card accounts last year, as the chill that spread over the banking industry during the recession began to recede.

The number of new cards issued to consumers rose 14 percent in 2011 to about 42.3 million, according to data provided by TransUnion. And about a quarter of those cards - roughly 10.7 million - went to people with less-than-stellar credit histories, TransUnion said.

The credit reporting agency said the increased lending to people with lower credit scores doesn't mean the climate has shifted back to where it was in 2006 and 2007. Lending standards have tightened dramatically since then, said Ezra Becker, vice president of research and consulting in TransUnion's financial services business unit.

But the combination of tight competition for top-rated consumers with improvement in the economy is encouraging banks to take a closer look at lending to consumers who made a few mistakes in the past. This is the second straight quarter that subprime consumers are getting a larger slice of the credit pie than they did during the depth of the Great Recession.

Becker noted that today's "subprime" card holders are different from their counterparts were during the credit bubble that preceded the recession.

Most borrowers who ran up big balances then that they couldn't pay off are now out of the system because their banks have written off their cards as uncollectible. And they are getting new cards - and won't be for years. Moody's Investors Service estimates credit card companies wrote off at least $75 billion in 2009 and 2010 alone.

But card users who had a little trouble and dinged their credit scores with a few late payments in the past are regaining the ability to open new accounts. "In some sense, subprime today is stronger than subprime yesterday," Becker said.

Another factor helping make credit more available is that the rate of late payments has fallen dramatically in the past two years. Just 0.78 percent of card holders were late with payments by 90 days or more during the fourth quarter, TransUnion found by culling data from a random sampling of about 21 million credit reports. That's roughly 10 percent of the population with active credit files.

That rate is up slightly from 0.71 percent in the third quarter, but it's the lowest year-end rate since 1995.

Prior to the crisis, Becker said, typically about 2 percent of all accounts were behind by three months or more - a measure used because it marks a point where getting payments back to current status is difficult. Card companies are stricter now about cutting off accounts and limiting credit for customers who show a pattern of late payments.

Becker said the data also indicate that card users are continuing to put more emphasis on making card payments on time than mortgage payments, a trend that started during the recession that is the reverse of the traditional payment hierarchy seen before the housing crisis and the spike in unemployment.

But the uptick in late payments during the fourth quarter, and an increase in the average balance to $5,204, from $4,965 a year prior, indicates a return to seasonal patterns seen before the recession. Holiday spending leads some card holders to put off paying their bills. If the seasonal patterns continue, the late payment rate will fall as individuals receive tax refunds and use that money to bring their accounts current.

After nearly three weeks of testimony from more than 40 witnesses, a jury of nine men and three women find Winchell guilty of first-degree murder and eight other charges.

View full sizeProvided photoChanuncey "Champ" Winchell

On May 22, 2008, Chauncey “Champ” Winchell left a voicemail for Mark Murray at 1:26 p.m.

“Come on, Mark, come on baby,” Winchell said. “I swear to God, I’m not going to hold you up that long.”

After picking Winchell up from the home of a mutual friend in Syracuse, Murray called his son at 2:53 p.m. to tell him he would be late for his lacrosse game.

Winchell arrived at his family’s home in the city of Oneida later that afternoon driving Murray’s 1994 red Pontiac Firebird.

Murray’s skeletal remains were found nearly two years later, in a shallow grave near Cowaselon Creek several miles away. Two .22-caliber slugs were found in his skull.

“He never got to that game,” said Madison County Assistant District Attorney Robert Mascari. “He was never seen alive again.”

After nearly three weeks of testimony from more than 40 witnesses, a jury of nine men and three women deliberated just over two hours this afternoon before finding Winchell guilty of first-degree murder and eight other charges, including robbery, criminal possession of a weapon, criminal use of a firearm and unauthorized possession of a motor vehicle.

Members of Winchell’s family broke into tears when the verdict was announced. As Winchell was handcuffed by court personnel, his son yelled, “I love you, Dad,” before loudly leaving the courtroom.

After jurors were dismissed, defense attorney Neal Rose asked Madison County Judge Dennis McDermott to overturn the verdict, saying that the jury “didn’t spend enough time” reviewing the evidence.

“This case is a recipe for injustice,” Rose said. “There are no eyewitnesses to the crime, no confession, no physical or scientific evidence to support a verdict of guilty.”

McDermott declined, saying simply: “I am not going to second guess the jury.”

When Winchell is sentenced at 10:30 a.m. May 1, Mascari said he will advocate for the maximum sentence - life in prison without parole.

“The proof was all there,” Mascari said. “He was guilty. It was painfully obvious.”

The case against Winchell focused on the final hours of Murray’s life, as documented through cell phone calls.

The key call made by Murray at 3:36 p.m. was routed through a cell phone tower in Wampsville, less than a mile from where his body was later found.

Subsequent calls from friends and family members who later reported Murray missing were not received.

Rose said the prosecution’s case was based on “conjecture, guesswork and assumptions” in the absence of direct evidence.

But Mascari said he was confident in the evidence collected by members of the Syracuse and Oneida police departments, as well as members of the district attorney’s office.

Rose argued that Winchell purchased the car from Murray. Witnesses testified that Murray had just purchased the cherry red sports car and intended to give it to his son as a graduation gift.

The Pontiac Firebird was found by Oneida Police in Tennessee, where Winchell abandoned it after visiting family – which matched the testimony of an acquaintance who told state police of Winchell’s plans to rob a drug dealer, steal his car and drive to Tenneseee months before Murray’s murder.

Mascari said he hoped the verdict would provide some closure for the Murray family.

“I am happy that justice was served, but there is nothing we can do to bring the victim back,” Mascari said.

A challenge from a white student who was denied admission to the University of Texas flagship campus will be the high court's first look at affirmative action in higher education since its 2003 decision endorsing the use of race as a factor.

View full sizeThe U.S. Supreme Court building in Washington.

WASHINGTON (AP) -- The Supreme Court is setting an election-season review of racial preference in college admissions, agreeing Tuesday to consider new limits on the contentious issue of affirmative action programs.

A challenge from a white student who was denied admission to the University of Texas flagship campus will be the high court's first look at affirmative action in higher education since its 2003 decision endorsing the use of race as a factor.

This time around, a more conservative court could jettison that earlier ruling or at least limit when colleges may take account of race in admissions.

In a term already filled with health care, immigration and political redistricting, the justices won't hear the affirmative action case until the fall.

But the political calendar will still add drama. Arguments probably will take place in the final days of the presidential election campaign.

A broad ruling in favor of the student, Abigail Fisher, could threaten affirmative action programs at many of the nation's public and private universities, said Vanderbilt University law professor Brian Fitzpatrick.

A federal appeals court upheld the Texas program at issue, saying it was allowed under the high court's decision in Grutter vs. Bollinger in 2003 that upheld racial considerations in university admissions at the University of Michigan Law School.

But there have been changes in the Supreme Court since then. For one thing, Justice Samuel Alito appears more hostile to affirmative action than his predecessor, Sandra Day O'Connor. For another, Justice Elena Kagan, who might be expected to vote with the court's liberal-leaning justices in support of it, is not taking part in the case.

Kagan's absence probably is a result of the Justice Department's participation in the Texas case in the lower courts at a time when she served as the Obama administration's solicitor general.

Fisher, of Sugar Land, Texas, filed a lawsuit along with another woman when they were denied admission at the university's Austin campus. They contended the school's race-conscious policy violated their civil and constitutional rights. By then, the two had enrolled elsewhere.

The other woman has since dropped out of the case. The state has said that Fisher is a Louisiana State University senior whose impending graduation should bring an end to the lawsuit. But the Supreme Court appeared not to buy that argument Tuesday.

The Project on Fair Representation, which opposes the use of race in public policy, has helped pay Fisher's legal bills. "This case presents the Court with an opportunity to clarify the boundaries of race preferences in higher education or even reconsider whether race should be permitted at all under the Constitution's guarantee of equal protection," said Edward Blum, the group's director.

The project also issued a statement in Fisher's name. "I hope the court will decide that all future UT applicants will be allowed to compete for admission without their race or ethnicity being a factor," she said.

Most entering freshmen at Texas are admitted because they are among the top 10 percent in their high school classes. Fisher's grades did not put her in that category.

The Texas Legislature adopted the Top Ten Percent law after a federal appeals court ruling essentially barred the use of race in admissions.

But following the high court ruling in 2003, the university resumed considering race starting with its 2005 entering class. The policy at issue applies to the remaining spots beyond those filled by the top 10 percent and allows for the consideration of race along with other factors

Texas said its updated policy does not use quotas, which the high court has previously rejected. Instead, it said it takes a Supreme Court-endorsed broader approach to enrollment, with an eye toward increasing the diversity of the student body.

"We must have the flexibility to consider each applicant's unique experiences and background so we can provide the best environment in which to educate and train the students who will be our nation's future leaders," said Bill Powers, president of the University of Texas at Austin.

Before adding race back into the mix, Texas' student body was 21 percent African-American and Hispanic, according to court papers.

By 2007, the year before Fisher filed her lawsuit, African-Americans and Hispanics accounted for more than a quarter of the entering freshman class.

Fisher's challenge says the Top Ten Percent law was working to increase diversity and that minority enrollment was higher than it had been under the earlier race-conscious system.

Fitzpatrick said two other states, California and Florida, use similar "top 10" plans, although California law explicitly prohibits the consideration of race.

"But the vast majority of schools that are selective are using affirmative action, though they don't like to advertise it for fear of being sued," he said.

The case is Fisher v. University of Texas at Austin, 11-345.

Ruling could affect dozens of towns that have enacted similar bans

Syracuse, N.Y. -- A state Supreme Court judge has ruled that the town of Dryden can ban gas drilling within its borders.

It's the first ruling in New York on the issue of whether towns can outlaw gas drilling, including the controversial process of hydrofracking. Dozens of towns and cities, including Syracuse, have adopted drilling bans.

Last August, the Dryden Town Board adopted new zoning ordinances that included gas drilling on the list of prohibited uses. Anschutz Exploration Corp., which has gas drilling leases on land in the town, filed suit in September. Anschutz argued that only the state can regulate gas drilling.

State Supreme Court Justice Phillip Rumsey ruled today in favor of Dryden, saying the state's mining law does not stop towns from banning drilling through their zoning ordinances.

Tom West, the lawyer who represented Anschutz, said the company might appeal.

"Obviously we're disappointed, but we’re still very confident in our position and we’re confident that the appeals court will take a hard look at our position," West said.

Click here to read the decision.

Anschutz said it had already invested $5.1 million to prepare for drilling on about 22,000 acres it leases from landowners.

A spokeswoman for the anti-hydrofracking group that pushed for the town ordinance said the ruling could embolden other municipalities.

“We won the first round, and it has all kinds of wonderful implications for towns in New York that are considering either moratoria or bans,” said Marie McRae, of the Dryden Resources Awareness Coalition.

The suit is similar to one filed last year by an Otsego County farmer seeking to overturn the town of Middlefield's ban on gas drilling. That suit, too, argues that state law prohibits municipalities from restricting gas drilling. No ruling has been made in that case.

Contact Glenn Coin at gcoin@syracuse.com or 470-3251.

Critics, led by House Republicans who voted last year to repeal the health care law, immediately questioned the administration's decision.

HELENA, Mont. (AP) -- Health care cooperatives that are being launched in eight states announced Tuesday they will receive a total of $638 million in loans from the Obama administration under the federal health insurance law.

The administration said the new nonprofit health insurers will be run by their customers and will be designed to offer coverage to individuals and small businesses. Supporters say the co-ops will keep pressure on private insurance companies for both price and coverage.

Critics, led by House Republicans who voted last year to repeal the health care law, immediately questioned the administration's decision. The House Ways and Means Committee called the loans a political reward to a friendly constituency.

Republicans noted that the recipient that received the largest loan - more than $340 million - was going to a group connected to the Freelancers Union, a nonprofit that serves independent contractors that are a growing segment of the workforce. Members are eligible for health insurance through a company owned by Freelancers.

The legislative panel questioned the organization's eligibility in a statement that said "it appears as though the Obama administration will stop at nothing to reward their political friends."

The administration said they determined the organizations getting the money are able to deliver the required services.

"Freelancers Union clearly met the legal standards under the statute and federal regulations," said Brian Cook, a Centers for Medicare and Medicaid Services spokesman. "They are not an insurer, they are a nonprofit union of independent workers, sole proprietors, and entrepreneurs who do not receive insurance through an employer."

Starting in 2014, millions of people who are currently uninsured will buy private coverage in new state markets under President Barack Obama's health care reform law. Tax-credit subsidies will help customers with the cost of the insurance.

The co-ops will compete in these state-run insurance exchanges, although co-op backers said they do not yet know the cost of premiums when the program will be formally unveiled in late 2013. Initially, they expect to compete for a small share of the overall health insurance market.

The new federal awards were announced for co-ops serving Montana, Iowa, Nebraska, New Jersey, New Mexico, New York, Oregon and Wisconsin. "It will be consumer-governed and will be responsive to consumer needs," said John Morrison, who is helping set up the cooperative in Montana.

Money from the loans will be given to the co-ops over time as they meet benchmarks for setting up claims processes, provider relationships, disease management and other cost-control efforts. Money from the loans will also be used to provide financial footing for the co-ops once they start fielding claims.

The federal government said it will be rolling out awards to co-ops in other states as more applications are processed.

The Freelancers Union said the loans will launch a new health care system that is "more affordable, more accessible, and more responsive to the needs of all workers." It expects to cover 200,000 people in New York, New Jersey and Oregon with five years of opening enrollment.

Some individuals and small business owners helping with the formation of the cooperatives said they believe the new operations will help reduce one of their most worrisome costs.

"Every year it's a challenge," said Tom Murphy, who employs eight people at Door Systems of Montana. "Every year for the last four, five or six years, it seems like we have had to decrease benefits to our employees due to rising costs in the health care system."

Montana congressman Denny Rehberg, a Republican trying to use his position as chairman of a House committee overseeing the new law to block its implementation, said he has been denied requests to see details behind the state cooperative's lengthy application.

"President Obama told us if we wanted to keep our existing health insurance, we could," Rehberg said in a statement. "So I don't think we ought to be using the hard-working taxpayers' own money to subsidize new government-approved health insurance companies that will displace existing programs that people like."

Morrison, a Democrat who used to be the Montana insurance commissioner, said that the volunteers who originally gathered to establish the Montana cooperative will hand over operations to a board of directors elected by the customers who eventually sign up for the service.