Firearms discharge at issue in Wheatfield

by Susan Mikula Campbell
Niagara Wheatfield Tribune, June 25, 2009

Paul Cozad explains the Wheatfield firearms discharge map. The area up for change is at right.
(photo by Susan Mikula Campbell)

A group of North Creek Run residents made plenty of noise before the Wheatfield Town Board on Monday, looking for a complete ban on firearms discharge in their area.

Prior to the monthly meeting, a public hearing was held on changing the firearms discharge restriction in the area bounded by Townline, Loveland and Nash roads. Currently, that area is designated an A area, which means shotgun and shot shells are OK. The town’s firearms committee, headed by Paul Cozad, has proposed the area be designated a B area, meaning shotgun slugs would be prohibited. The North Creek Run residents came to the meeting to say they wanted at least the more heavily populated section of the area under consideration to be a C area, with all firearms discharge prohibited.

The matter was sent back to the review board after the North Creek Run residents protested that they are fearful for their children and grandchildren when they are in their yards and hear gunfire.

Cozad pointed out that in either case, large landowners in the section would be able to apply for special permits to shoot on their own land. Although growth in the town eventually will mean all firearms will be prohibited town wide, Cozad also warned that the increasing coyote population in the town could grow even larger if firearms are prohibited, and that is potentially a bigger danger.

John Cooper, a member of the firearms committee, said he lives in a B area and hasn’t had a problem. The committee felt that changing the area to B was the right move at this time, he said,

“You cannot legislate stupidity or people coming in and doing things illegally,” he added.

Wheatfield Constable Craig Schultz pointed out that dead deer carcasses left by illegal hunters have been found in the area behind The Summit mall.

Councilman Larry Helwig also noted that gunfire might sound closer than it actually is. He lives near the Niagara River and when there’s shooting at the Grand Island Gun Club across the river, it sounds like it’s in his backyard, he said.

In other matters at Monday’s meeting:

•Willie will be 40 on Niagara Falls Boulevard a little longer. The town had negotiated with CSX to paint the rusty, graffiti-covered railroad bridge at the entrance of the town. CSX had agreed to provide $75,000 to cover the cost. Low bid came in from Atlas Painting for $72,000. However, last week the town learned that CSX would be charging up to $30,000 to place a flagman on the bridge to warn of approaching trains, even though the contractor would be working from the street and not allowed on the bridge.

“Why would we have to pay them to improve their bridge?” Councilman Gilbert Doucet questioned.

“It’s either take it or leave it. I don’t see a deal here for the Town of Wheatfield,” said Councilman Arthur Gerbec.

“That bridge has not been painted in over 40 years, and it’s an eyesore,” said Supervisor Timothy Demler. He noted that of all the railroad bridges in the state, the Niagara Falls Boulevard Bridge was the only one CSX provided money for painting. Turning down the $75,000 and dropping the deal at this point, especially given the current economy, could mean the bridge “probably would never be painted.”

In the end, the board decided to table the matter for further discussion and until more information could be received on the flagman ruling.

•The board appointed Angela Stamm-Philipps as new town prosecutor to replace Erin DeLabio. Board members called a special emergency meeting last week (reporters were not notified) to appoint DeLabio as town justice to replace Robert Cliffe, who resigned to accept the endorsement of the Wheatfield Republican Committee to run for supervisor.

•After an executive session, the board approved a $250,000 final negotiated settlement with the county on the buyout from the county’s self-insurance fund for worker’s compensation, dating back to 2002. Only Wheatfield and Town of Niagara had yet to reach a settlement.

•The hearing on revising the town’s law regarding junkyards was adjourned until 7 p.m. July 13 to allow time to distribute copies of the proposal and post it on the town’s Web site.

•Recreation Director Edward Sturgeon reminded residents that the town’s Fourth of July fireworks again would be at Oppenheim Park. “Get there early because it does tend to fill up fairly quickly,” he advised.

•With Robert Walker, water and sewer superintendent, retiring at the end of this month, the board took time to give him a standing ovation and a cake. Walker has served the town for 44 years.

•Highway Superintendent Arthur Kroening reported that the town borrowed the county’s grinder to grind tree stumps and branches last week, and now has mulch available again. Cost is $10 per load.