Democrat and Chronicle from Rochester, New York • Page 13

13 DRUG AIUIESTS Undercover narcotics agents mingled in bars and on the streets of East Rochester to help pinpoint 13 drug suspects arrested in a raid that began Monday. Story on 7B. WEDNESDAY DECEMBER 19, 1984 ROCHESTER NEW YORK SECTION I ll ATI vWi iAl I I ajfrrfgfofe Dssnae sparks debate Several speakers last night took issue with remarks made by County Legislator Van-Buren Hansford, R-Brighton, who has attacked the measure and said he personally favors discrimination against homosexuals. "These remarks reflect the policy of a bigot," said Scott Schaffer, a member of All People's Congress. He assailed the legislature for failing to speak out against Hansford's remarks and compared their silence to the public silence in Germany in the 1930s when Hitler attacked Jews and homosexuals.

Legislator William Benet, D-Rochester, who introduced the measure, said he did not approve of personal attacks against SHUTTLE BUS BUDGET FIGHT 6B Hansford. But he added, "1 think his remarks are inappropriate for our society and I think criticism of his remarks are appropriate." Benet's proposal would outlaw discrimination against any county employee or job applicant "on a basis of age, national origin, race, religion, color, sex, marital status, or handicap, or on the basis of conduct which does not adversely affect the job performance of the employee or applicant or the performance of others." The two dozen speakers were about equally divided between those who favored County measure lauded, criticized By Kinsey Wilson Democrat and Chronicle A proposed anti-discrimination ordinance that would protect homosexuals and others from discrimination was both applauded and condemned last night by speakers who -appeared before the county legislature. The proposal is one of several legislative measures that will be taken up in the next month, but it was not debated by the legislature last night Woman, 76, dies on lirondequoit blaze Husband taken to hospital earlier in day with broken leg he fell in the home's driveway and his wife fell on top of him. Donalty said Mrs. Doing also was transported to the hospital after the fall but was released later in the day.

The cause of the fire is under investigation by Irondequoit police, the Monroe County Fire Marshal's office and the Monroe County Medical Examiner's Office. Donalty said firefighters do not suspect arson. Firefighters from Sea Breeze and Point Pleasant brought the blaze under control in about an hour and confined the fire to the living room. The cottage-style home received heat and smoke damage throughout. Donalty said Doing's pet dog escaped the burning home unharmed.

By Mark Pittman Democrat and Chronicle An elderly Irondequoit woman died yesterday after a fire erupted in the living room of her Rode Drive home, filling it with smoke, fire officials said. Firefighters found the body of 76-year-old Mildred Doing in the hallway of her home at 34 Rode Drive in northeast Irondequoit, near Lake Ontario and Irondequoit Bay. Doing, who was home alone at the time of the 7:45 p.m. blaze, apparently died from smoke inhalation, said Michael Donalty, chief of the Sea Breeze Volunteer Fire Department. Earlier in the day, her husband, Clifford Doing, who reportedly is in his mid-70s, had been taken to an area hospital, Donalty said.

He said Doing suffered a broken leg when Wayne County girl, 2, dies after car crash A 2-year-old Wayne County girl died Monday night of injuries she suffered Friday when she was ejected from a car and pinned beneath it. Tina Marie Buettner of Savannah, Wayne County, was pronounced dead at 5:03 p.m. at Strong Memorial Hospital The Monroe County Medical Examiner's Office listed the cause of death as chest injuries. The death was ruled accidental The victim was not in a child-restraint seat at the time of the accident as required by law, state police said. The girl's sister, Jody L.

Buettner, 10, was in guarded condition yesterday at the same hospital She also was not wearing a seat belt. The girls grandmother, Dorothy F. Heindl, 64, who was the driver, had minor injuries. Horn jury to resume A Livingston County Court jury adjourned at 8 p.m. yesterday after two days of deliberations in the second-degree murder case against Charles Horn.

Deliberations will resume at 9 a.m. today. Horn, 23, formerly of Webster but now a resident of Wayne County, is accused of shooting Cindy Renee Carlson, If), of Webster in the back with a 12-gauge shotgun on Oct. 13, 1983. Jurors returned to the courtroom three times Monday and twice yesterday to have testimony reread.

They asked to hear again the testimony of Stephen Martrano, a 15-year-old neighbor of Horn's in the White Oak Apartments, Webster. Martrano testified that Horn did not answer Martrano's knock on the moming of Oct 13 and that Horn's car was not in the apartment complex parking lot. Jurors also heard again the testimony of Marian Laurason, another neighbor, who said she had seen Horn carrying a gun when he and a woman left the apartment house early on the morning of Oct. 13. Carlson's body was found in woods in the town of Portage by a bow hunter on Oct.

14, 1983. Truck flips, spills its load A pickup truck hauling thousands of pieces of metal flipped onto its roof on Union Street yesterday after striking a car, spilling its load onto the Inner Loop. Traffic on the Inner Loop near South Union Street was slowed for about an hour as city crews cleaned up the 50,000 to 100,000 pieces of metals, said Officer Gary Cannon of the Highland patrol section. The metal is used in making car parts. No one was seriously injured in the 8:30 a.ra.

accident. Gannon said the pickup's driver, Robert Stifter, 20, of 99 Parkway Drive, North Chili, was northbound on Union Street and failed to stop at a red light at East Avenue. The pickup struck a car driven by Mary Porter, 28, of 445 Oxford who was westbound on East Avenue. Cannon said the pickup then traveled over a curb, flipped onto its roof and dumped the metal onto the Inner Loop below and onto a car on the Loop driven by Robert Scott, 43, of 47 Ketchum St. Stiner and Porter were treated at Genesee Hospital, where they were taken by National Ambulance.

Scott was not in- jured. Cannon said Stiner was charged with a red light violation and with not having the pickup's load secured. Evidence very evident A man tossed a bag containing heroin and cocaine out the sunroof of a car, but the bag landed on the car's windshield and in view of a city policeman, officers said. "The bag was sitting right there, on the car's windshield," said Investigator George E. Reiss Jr.

of the Goodman patrol section. The officer, Stephen Williams, saw the driver of the car reportedly commit a traffic violation shortly after 7 p.m. Monday on Bay Street. Reiss said Williams followed the car onto nearby Seventh Street, where a passenger in the car tossed a bag out the sunroof. "The bag flew out the roof and landed smack onto the windshield," Reiss said.

He said the bag contained 42 packets of cocaine and 27 packets of heroin valued at $2,500. Police charged Anthony Lee Reed, 23, of 30 Barnum St. with third-degree possession of a controlled substance. Reed, who police say was the passenger, pleaded innocent yesterday in City Court. School's 100th birthday Students, teachers, parents and former students of Rochester's School No.

30, 36 Otis St, today will celebrate their school's 100th birthday, according to Principal Donald J. Stefano. The school, which houses about 500 stu-. dents in kindergarten through sixth grade, opened in 1884 at the corner of Otis and Sherman streets near Lyell Avenue on the city's west side. The original building was torn down and replaced in 1961.

Students, who have been asked to dress for the occasion in the school's colors of blue and gold, will attend Christmas programs in the morning. During lunch periods, former alumni who are now parents of School No. 30 students will serve a dessert Starkweather confirmed The Monroe County Legislature last night unanimously confirmed Republican County Chairman Ronald J. Starkweather as the county's Republican elections commissioner. He will succeed V.

James Chia- varoli, who is retiring at the end of the year. Starkweather will be paid $51,254, the same as Marguerite "Betsy" Toole, the county's Democratic elections commissioner. Starkweather will stay on as county chairman until a successor has been found. the measure and those opposed. Most of those who spoke against the antidiscrimination measure did so on religious and moral grounds.

Michael Macaluso, chairman of Citizens for a Decent Community, said the proponents of the measure "want to take your kids. They want to take our society." He said later that he does not advocate discrimination against homosexuals but merely opposes any ordinance that would protect them. "Adversity builds character. Why do we have to protect everyone from everything?" TURN TO PAGE 28 Rd Hoffmann Democrat and Chronicle style home in which Mildred Doing died. Gates-Chili district loses Gay, Michaels By John Hammond Democrat and Chronicle The resignations of two Gates-Chili school board memliers, Nancy Gay and board Vice President Harry F.

Michaels, were announced at last night's board meeting. President Donald G. Wetzel announced both resignations. Neither Gay nor Michaels attended the meeting. Contacted at their homes later, the two said their decisions were individual ones that had no connection with each other.

"I wrote my letter of resignation before I knew he had any intention of resigning," Gay said. "It's coincidence. I know it sounds unbelievable, but it's true." Gay, a board member for eight years, said there was no one specific issue that led to her resignation. She said that after some recent thought, she felt she couldn't continue to be as active as she had been and wanted to let someone else with more energy have a chance to sit on the board. "I've become burned out," she said.

Her term expires June 30, 1986. Michaels said he felt frustrated many times, primarily on financial issues. He said he believed teachers aren't underpaid in Monroe County, but felt stymied in his efforts to hold the line on salary increases for teachers and administrators. "We have teachers making over $38,000 a year, and you continually hear that they're being underpaid," he said. "I've tried hard to represent the students and the taxpayers.

I'm sorry to go out this way, but I feel 1 had no choice. The district has many good things about it. It's just some of these things I couldn't accept." TURN TO PAGE 6B Two testify of shooting at Wegmans By Andy Pollack Democrat and Chronicle A Wegmans security guard and manager yesterday testified about a February shoplifting incident that erupted in gunfire when the suspect pulled out a small-caliber handgun. The security guard, Cecil McClary, testified that he was shot once while he and assistant store manager Boyd Kelsey stood in a storage hallway with their hands raised in the air. McClary' was wounded three more times as shots were fired while he and Kelsey struggled with the suspect, Kelsey said yesterday.

McClary and Kelsey were testifying during the opening day of the attempted-murder trial of Earl G. Rilpy of Rochester. Riley, 29, also is accused of assault and criminal possession of a weapon the revolver prosecutors say he used to shoot McClary. McClary, 57, was shot four times Feb. 10 at the Wegmans grocery store at 56 West Ave.

after he and Kelsey began questioning a shoplifter in a storage hallway separated from the store's grocery aisles by swinging metal double doors. TURN TO PAGE 2B 2 qua! school board Dave Pittenger of Canandaigua sorting through a small mountain of packages at the TURN TO PAGE 4B The cottage Patrick Sandor Democrat and Chronicle Jefferson Road post office in Rochester. er, the fact that the 25th falls on a Tuesday may tempt llth-hour mailers, he said. "People know we're working the dav be fore Christmas, he said. But despite the staggering amount of mail, a tour of the postal facilities reveals little chaos.

That, Vincellette says, is due to the increased mechanization of the post office in the past few years. Postal Dnrlrors snrtino Charles Schubert cards ietters for example, sit at a desk while an automatic TURN TO PAGE 6B clients, resigns $300 check, but it bounced. Kelly "has engaged in conduct involving dishonesty, fraud, deceit and misrepresentation and has failed to carry out a contract of employment with a client to the prejudice and damage of his client, in violation of the Lawyer's Code of Professional Responsibility," court papers charged. Nine ethical violations were contained in the court papers. They included failure to pay clients all the proceeds of the sale of their Gates home; taking a $500 retainer for a divorce while failing to file the divorce papers or return the retainer, and accepting a retainer but never litigating in Family Court for a woman who wanted to adopt her husband's child from a prior marriage.

Sanctions against a lawyer charged with violating professional ethics and rules of conduct are up to the appellate court, said Carl Darnell, deputy clerk of the appellate division. stamps flheir holiday Overtime They're putting in 12-hour days to get the mail delivered By Evelyn Nieves Democrat and Chronicle The holiday season means different things to different people, but to the post office it means just one thing: overtime. 'Our workers are putting in at least six, sometimes seven, 11- to 12-hour days," said Postmaster Charles Schubert, who oversees 2,900 postal employees in the Rochester area. "People say they're cutting down on their Christmas lists, but we're sure not seeing any signs of that" Several mailboxes in the city have been overflowing, Schubert said, so more pick Rochester lawyer Court gives him 6 months to pay back the money; name struck from rolls By Andy Pollack Democrat and Chronicle Rochester lawyer Robert E. Kelly Jr.

has resigned from the practice of law in the face of non-criminal charges that he lied to, cheated and took money from several cli ents during a two-year period. Kelly 8 resignation was accepted nday by the Appellate Division of state Supreme Court in Rochester, which struck his name from the rolls of the state's lawyers and ordered him to pay back his former clients within six months. It was unknown how much money was involved. Neither Kelly nor Gerard M. LaKusso, who brought the charges as part of his job as staff lawyer for the appellate court's Of ups are being scheduled.

For 12 hours a day, Ross Terhaar, a mail-handler at the main Rochester post office, 1335 Jefferson Road, Henrietta, loads lumpy 40-pound-plus sacks of mail into waiting wagons. The sacks are sorted according to local zip codes. "For the past two weeks I've been averaging 65- to 70-hour weeks," Terhaar said. "I work from 12:30 to 11 at night. I bring an extra pair of shoes with me, and by 8 o'clock I'm ready for new feet" "Monday we handled a million and a half pieces of mail," said Joseph Vincellette, manager of distribution.

"That's the most in one day so far this year, and we expect similar volumes in the next few days." Letters and cards are coming in at the post offices in roughly the same volume as last year, which brought a Christmas total of 12 million pieces, Schubert said. Howev admits cheating fice of Grievance Committee, could be reached yesterday for comment. Kelly, who began practicing law here in July 1975, said in a sworn affidavit dated Dec. 3 that "the material allegations" against him were true. Among the most serious charges was that he settled a case in March with the Town of Henrietta without his client's permission, then signed and notorized his client's name to formal papers establishing the agreement The case was settled for $6,000, although Kelly's client had said he would agree to nothing less than $10,000, court papers said.

Kelly received a $6,000 check after the settlement, then signed both his and his client's names to endorse the check and deposited the money in his own bank account Kelly paid his client $3,885, but later agreed to pay $1,000 more after his client objected to the settlement, according to court papers. Kelly later gave his client a.